CGV

Version applicable as of 1 February 2023

CHAPTER 1 : General provisions

ARTICLE 1 : Definitions

"Customer" : refers to the User who has placed an order for a Product sold on the Website ;
"Order" : refers to any order placed by a User registered on this Website, in accordance with the terms and conditions described in Chapter 2 ;
"Terms and Conditions of Sale" or "T&Cs" : refers to these terms and conditions of sale applicable to any Order placed on the Website ;
"Contract" : refers to the contract concluded between the Customer and the Seller each time they purchase Products on the Website;
"Consumer" : refers to the User who is a natural person and who is not acting for professional purposes and/or outside their professional activity ;
"Product Description" : refers to the part of the Website where the terms and conditions relating to the Products are provided;
‘Personal Information’: refers to the details provided by the User about their personal situation when registering on the Website ;
“Party” or "Parties" : refers individually to the Seller or the Customer ; or collectively to the Seller and the Customer ;
‘Products’ means the tangible items that may be appropriated and are offered for sale on the Website ;

"Site" : refers to this website: <kevinstautcollection.fr> (also available under the extension <kevinstautcollection.com>) ;
"User" : refers to any person who uses the Website ;
"Seller" : refers to Kevin Staut Collection, operator of the Kevin Staut Collection Boutique, as further described in Article 2 herein.

ARTICLE 2 : Purpose and scope of application

The Kevin Staut Collection Boutique, available on the website <kevinstautcollection.fr> (hereinafter referred to as the ‘Website’), is operated by Kevin Staut Collection, a simplified joint stock company with a capital of €10,000, registered with the Versailles Trade and Companies Register under number 938 020 435, whose registered office is located at 13 Rue de la Porte Neuve, Feucherolles (78810) - APE 7021Z - VAT: FR40938020435.

The Seller's Customer Service contact details are as follows:

E-mail: nelly@kevinstautcollection.fr

Phone: +33 6 32 83 39 21 (cost of a local call without surcharge)

Monday to Friday from 9am to 12pm and from 2pm to 5pm (excluding public holidays).

The purpose of these general terms and conditions of sale is to define the terms and conditions of distance selling between Kevin Staut Collection, operator of the Kevin Staut Collection Boutique (hereinafter the ‘Seller’), on the one hand, and any natural or legal person, capable within the meaning of the Civil Code (hereinafter the ‘Customer’), on the other hand. The question of the validity of powers to contract is the sole responsibility of the Customer, and in no way that of the Seller, for whom all sales shall be valid, subject to the applicable contractual and legal provisions.

They specify, in particular, the various steps necessary for placing an order, the terms of payment, delivery, tracking of the Customer's order, as well as the terms of return and refund of Products.

These general terms and conditions apply to the exclusion of all other terms and conditions, including those applicable to sales made on platforms other than this Website. They are accessible at any time on the Website and shall prevail, where applicable, over any other version or contradictory document.

ARTICLE 3 : Products offered for sale

In general, the Products offered for sale on the Website are as follows (hereinafter the ‘Products’): clothing and accessories.

Each Product is presented with an information sheet describing its essential characteristics and properties. This sheet is prepared with the utmost accuracy and precision in order to provide the User with a faithful and complete description of the Product. The User is required to read it before placing any Order.

The User may contact the Seller's Customer Service department by telephone or email prior to placing an order for any additional information or details about the Product. Consequently, the choice and purchase of a Product is the sole responsibility of the Customer.

In particular, the photographs and graphics illustrating the Products presented on the Website are not contractual, they are for information purposes only and do not engage the Seller's responsibility. The Seller will nevertheless ensure that these photographs are as accurate as possible.

The Seller reserves the right to add new Products at any time, to remove all or part of the Products presented on the Website, or to modify their presentation, without any particular formalities towards the User.

ARTICLE 4 : Duration and validity of product offers

Product offers are valid as long as they are visible on the Website. The Seller undertakes to honor orders received only within the limits of available Product stocks, as specified when the Order is placed.

In the event that a Product ordered is unavailable after the order has been placed, for example due to a stock error, the Seller shall make every effort to inform the Customer as soon as possible by email or telephone. If the Customer has ordered several Products, they shall have the option of cancelling the part of the order relating to the Product in question, with the rest of the order remaining firm and final.

Following this cancellation, the Customer may, at their discretion, either wait for the next delivery of the Product, the delivery time for which will be specified, or be refunded the price of the item ordered within fourteen (14) days of their request.

CHAPTER 2 : Orders

ARTICLE 5 : Order placement

5-1. Product Selection

It is the Customer’s responsibility to select on the Website the Product(s) they wish to order and add them to their shopping cart.

The Customer has the option to review the details of their order (item, quantity, size, color, total price, etc.) based on the references displayed on the Website, and to correct any possible errors before confirming acceptance. Information about the availability of the item(s) is provided at the time the order is placed. The Customer is responsible for verifying the accuracy of their order and must immediately report or correct any errors.

5-2. Identification

Any User must create an account on the Website in order to place and save an order.

The Customer will follow a registration process allowing them to obtain a customer account.

Creating an account on the Website requires the User to provide their email address and the password of their choice. The User is responsible for maintaining the confidentiality of their password and customer account, as well as for any actions carried out using them.

5-3. Order Validation and Payment

An order is definitively recorded on the Website once the Customer accepts these General Terms and Conditions of Sale by checking the appropriate box, and then validates the order by clicking the “Place Order” icon. This validation constitutes acceptance of the prices and descriptions of the Products available for sale, as well as of the entirety of these General Terms and Conditions of Sale.

The Customer must then provide their address and choose a delivery method. After reviewing an order summary, the Customer must finalize the order by making payment.

5-4. Order Confirmation and Formation of the Sales Contract

The sale becomes final only once the Seller has sent the Customer an order confirmation by email, which must be sent promptly and after full payment has been received.

Any order placed, validated by the Customer, and confirmed by the Seller under the terms and conditions described above on the Website constitutes a distance sales contract between the Customer and the Seller.

Unless proven otherwise, the data recorded in the Seller’s computer system serves as proof of all transactions concluded with the Customer.

5-5. Order Refusal

The Seller reserves the right to refuse to fulfill an order or make a delivery if the Customer has not paid, in full or in part, for a previous order, has failed to comply with the payment conditions set out herein, or if there remains an unresolved payment dispute.

ARTICLE 6 : Order Modification or Cancellation

As long as the order has not been validated at the payment stage, the Customer may make changes to their cart, such as removing an item or continuing to shop. To do so, simply click on “My Cart” and make the desired modifications.

However, once payment has been validated, the transaction is recorded and can no longer be modified or canceled online. The Customer must wait to receive the Product(s) and then follow the return procedure after delivery of the package (within fourteen (14) days of receipt) in order to obtain a refund from the Seller, subject to the conditions set out in Article 18.

CHAPTER 3 : Prices and Payment Terms

ARTICLE 7 : Prices

The prices of the Products are those displayed on the Website, specifically on the Product page, on the day the Customer views it. Prices are shown in euros, including all applicable taxes (VAT included), excluding shipping fees. They take into account the VAT rate applicable on the day of the order. The Seller reserves the right to adjust Product prices to reflect any change in the applicable rate, as well as the introduction of any new taxes and/or contributions, for example environmental charges.

Prices also reflect any occasional discounts granted by the Seller.

The Seller further reserves the right to modify its prices at any time. However, the Seller commits to applying the prices in effect at the time the Customer places the order, subject to availability on that date.

The price indicated does not include handling, shipping, transport, and delivery fees, which will be charged in addition, calculated prior to the order being placed, and specified, where applicable, in the order summary, unless a special offer waives such fees. Furthermore, if the Customer selects a faster or more expensive delivery option than standard shipping, any additional delivery charges shown at checkout are entirely the responsibility of the Customer.

The final amount payable by the Customer corresponds to the total purchase price, including delivery fees.
An invoice is issued by the Seller and provided to the Customer upon delivery of the ordered Products.

ARTICLE 8 : Payment Terms

The price is payable in full and in euros on the day the Customer places the order, via secure payment, as specified in Article 9 below.

Payments made by the Customer will only be considered final once the Seller has effectively received the amounts due.

An order will be considered settled once all Products have been shipped and the Customer has paid in full for the Products as well as the delivery fees, unless a special offer waives such fees.

No additional charges beyond the actual costs borne by the Seller for using the chosen payment method may be billed to the Customer.

ARTICLE 9 : Payment Methods

Payment is made online by credit or debit card at the time the Customer places the order. Accepted cards include: Carte Bleue, Visa, Mastercard, and Maestro.

The Customer will then be redirected to the payment provider’s page (Strype), where they may complete the payment by following the on-screen instructions.

Strype’s General Terms and Conditions are available here: CGV (strype.com).

The Seller reserves the right to cancel any order that presents, during bank details verification, a risk of fraudulent card use or in case of refusal of payment authorization by banking institutions.

Card payments are final and irrevocable, except in the case of fraudulent use of the card, under the conditions provided for by the French Monetary and Financial Code.

ARTICLE 10 : Retention of Title

The Seller retains full ownership of the Products offered for sale until full payment of all sums due by the Customer for the Order has been received (including fees, taxes, and/or contributions). Ownership of the Products will only be transferred to the Customer after full payment of the price, regardless of the delivery date of said Products.

CHAPTER 4 : Delivery

ARTICLE 11 : Order Tracking

Once the order is validated, an email will be sent to the Customer within a reasonable time, containing a link to the order details and confirming:

The registration of the order;
The details of the Product(s) ordered;
A summary of the Customer’s personal information, including the delivery address.

Subsequently, the Seller will automatically send an email informing the Customer of the shipment of the order and the expected delivery times by La Poste or the carrier specifically chosen by the Customer (delivery times vary depending on the selected carrier).

The Seller cannot be held responsible for any failure to provide information if the Customer has provided an incorrect or invalid email address.

The Customer may log into their account at any time to track the progress of their order in the “Order History and Details” section.

For any questions regarding order tracking, the Customer may also contact the Seller’s Customer Service : nelly@kevinstautcollection.fr - +33 (0)6 32 83 39 21 (local call, non-premium rate)
- Monday to Friday, 9 AM to 12 PM and 2 PM to 5 PM (excluding public holidays).

ARTICLE 12 : Delivery Address

The Products ordered by the Customer will be shipped to the delivery address provided at the time the order was placed.

Specifically, Products are delivered to the following geographical areas :

Mainland France and Corsica
European countries: Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland.

For any delivery outside the geographical areas listed above, the Customer must contact the Seller’s Customer Service :
nelly@kevinstautcollection.fr – +33 (0)6 32 83 39 21 (local call, non-premium rate) – Monday to Friday, 9 AM to 12 PM and 2 PM to 5 PM (excluding public holidays).

ARTICLE 13 : Delivery Methods

Unless otherwise specified, if the Customer orders multiple Products, they will be delivered together in a single shipment.

In all cases, delivery is deemed completed once the item has been handed over to the Customer, particularly by the carrier.

13-1. Deliveries in Mainland France, Corsica, and Overseas Territories :

Home delivery – Standard DPD delivery with signature required.

The exact delivery costs are provided during checkout.

For deliveries within Mainland France, delivery fees are free for orders over €150 including tax.

13-2. Deliveries within Europe:

Home delivery – Standard DPD delivery with signature required.

Deliveries within Europe are carried out by DPD. Customers should refer to the rates displayed during checkout to know the applicable European shipping costs.

ARTICLE 14 : Delivery Times

14-1. General Principles :

The Seller commits to making every reasonable effort to deliver the Products as quickly as possible, and no later than thirty (30) days after the order has been recorded, subject to full payment by the Customer and the availability of stock.

Delivery times may vary depending on the geographical delivery zone, the chosen delivery method, and the Product ordered.

For pre-ordered or out-of-stock Products, the delivery period starts from the date the Products become available. In such cases, the Seller will provide the Customer with an estimated delivery date.

The Customer must pay special attention to the accuracy of the information provided on the order form, particularly the delivery address. The Seller cannot be held liable in the event of a delay, failed delivery, or impossibility of delivery caused by an incorrect or invalid address provided by the Customer.

If delivery is impossible due to such an error, or if the package is unclaimed by the Customer, the carrier will return the package to the Seller. In this case, the Customer may contact Customer Service to provide a new delivery address. Upon the Customer’s request, the Seller will reship the order; however, the additional shipping costs will be borne by the Customer.

If, within two (2) months of the package being returned to the Seller, the Customer has not requested reshipment, the package will be considered “unclaimed.” In this case, the Seller reserves the right to unilaterally terminate the sales contract without prior notice. The Product(s) may then be resold, and the Seller will refund the Customer the order amount, excluding delivery fees, which remain the Customer’s responsibility.

The Seller cannot be held liable for delays in delivery due to :

High-demand periods, such as year-end holidays;
Force majeure events, meaning circumstances beyond the Seller’s control that could not reasonably have been foreseen at the time of contract conclusion and whose effects could not have been avoided through appropriate measures (e.g., strikes, epidemics, or pandemics);
Delays caused exclusively by the carrier responsible for delivery.

In any case, and in accordance with legal provisions, if the delivery is delayed by more than six (6) weeks, the Customer has the right to cancel the contract under the conditions set out in Article L.216-2 of the French Consumer Code. If the Customer receives the Product after cancellation, the Seller will reimburse the Product as well as the initial shipping fees, in accordance with Article L.216-3 of the French Consumer Code.

14-2. Conditions specific to certain carriers :

• DPD
For information purposes, if the Client chooses home delivery, their package will be shipped within 2 to 5 business days. Additional delays may apply for deliveries to Corsica, as well as in Europe.

• At a Pickup Point (France Mainland only)
For information purposes, if the Client chooses delivery to a Pickup Point, their package will be shipped within 2 to 5 business days.
When the Client chooses delivery to a Pickup Point, they will be informed of the availability of their package via SMS and/or email. They may collect the package using the collection slip previously provided to them, and upon presentation of their national identity card, within ten (10) business days. The Client is obliged to collect their package within this period; otherwise, it will be returned to the Seller.

ARTICLE 15 : Delivery / Reservations

The Customer is required to check the condition of the Products upon delivery, especially if the original packaging is damaged, torn, or opened, to verify that they are not damaged. If the Products are damaged, the Customer must refuse the package and note their reservations on the delivery slip.

In general, the Customer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any non-compliance of the Products in nature or quality compared to the order form. This verification is deemed completed once the Customer has signed the delivery slip.

In any case, the Customer has a period of seven (7) days from delivery to submit a claim. To exercise this right, the Customer must send a declaration to the Seller at: nelly@kevinstautcollection.fr – Monday to Friday, 9 AM to 12 PM and 2 PM to 5 PM (excluding public holidays). This declaration must include the reservations and claims, supported by relevant evidence (signed delivery note, photographs, etc.).

After this period, and if the above formalities are not respected, the Products will be considered compliant with the order, and no claim will be validly accepted by the Seller.

Upon receipt of such claims, the Seller undertakes to exchange the Product, issue a credit note, or refund the Customer, provided that the defects or non-compliance (apparent or hidden) are duly proven by the Customer, under the conditions set forth in Article 22.

ARTICLE 16 : Right of Withdrawal

In accordance with applicable legal provisions, the consumer Customer has fourteen (14) business days from the receipt of the Product to exercise their right of withdrawal from the Seller, without having to provide any reason and without incurring any penalties. Once this period has expired, the Customer no longer has the right of withdrawal.

To exercise the right of withdrawal, the Customer must notify the Seller of their decision:

either by completing the withdrawal form provided on the Website;
or by completing the model available in the Appendix hereafter.

If the Customer chooses the model form provided in the Appendix, it must be signed and returned by email to: nelly@kevinstautcollection.fr – Monday to Friday, 9 AM to 12 PM and 2 PM to 5 PM (excluding public holidays).

CHAPTER 5 : Exchanges, Returns, and Refunds

ARTICLE 17 : Returns

17-1. Return Conditions :

When the Customer exercises their right of withdrawal, or in case of non-compliance of the ordered Products, the Products must be returned to the Seller by postal mail within fourteen (14) days, either from the date of receipt of the order or from the notification to the Seller of the Customer’s withdrawal decision, to the following address:

NKOMM – Kevin Staut Collection
13 Rue de la Porte Neuve
Building C6
78810 Feucherolles – France

Returns must be made under the following conditions :

accompanied by the “Return Form” provided by Customer Service, after prior notification by the Customer ;
accompanied by the original invoice;
in their original packaging ;
complete (including all Products, labels, accessories, manuals, etc.) ;
clean and unworn;
not damaged or deteriorated ;
in perfect resalable condition.

Any Product that has been damaged, incomplete, soiled, or whose original packaging has been damaged, and that has not been subject to written reservations by the Customer under Article 15, will not be accepted.

In case of a return due to non-compliance, the Customer must include all supporting documents establishing the non-compliance and/or defect (delivery slip, photographs, etc.).

17-2. Return Shipping Costs :

In the case of exercising the legal right of withdrawal, return costs are borne by the Customer. For greater security, it is recommended that the Customer return the Products via registered mail with acknowledgment of receipt or another trackable method.

In the case of non-compliance or hidden defect, return costs are borne by the Seller. To this end, the Customer must contact Customer Service to receive a prepaid return label: nelly@kevinstautcollection.fr – Monday to Friday, 9 AM to 12 PM and 2 PM to 5 PM (excluding public holidays).

ARTICLE 18: Exchanges / Refunds

18-1. Principles :

Refunds :
In the event of withdrawal, duly proven non-compliance or hidden defect, or order cancellation due to Product unavailability, the Seller undertakes to refund the Customer within fourteen (14) calendar days. Refunds will be made using the same payment method used at purchase, by credit to the Customer’s bank account, at no extra charge.

However, refunds may be deferred until the Products have been returned in full to the Seller.

Exchanges :
Only size and/or color changes are eligible for exchange. It is not possible to exchange one model for another. To obtain a different model, the Customer must return the Product at their own expense and place a new order.

18-2. Special Cases – Promotional Offers – New Orders:

For Products purchased during promotional offers, the Seller reserves the right to require the return of all Products included in the promotional offer before processing a refund.

ARTICLE 19: Special Sales Conditions During Sales, Clearance Events, and Promotional Offers

The Customer is informed that, during sales periods, clearance events, and/or specific promotional offers, the following special sales conditions will apply :

By way of exception to Articles 17 and 18 above, returned Products cannot be exchanged and will automatically result in a refund, under the conditions outlined in Article 18-1.
Promotional codes, where applicable, cannot be applied during the concerned promotional period.

CGV