GENERAL CONDITIONS OF SALE

LEGAL NOTICES

 Version of 06/24/2024

Publisher:

KAPUSH PARIS, a simplified joint stock company, with share capital of €140,394, whose registered office is at 166 boulevard Haussmann - 75008 Paris, registered with the Paris Trade and Companies Register under number 893 610 360 and having intra-community VAT number FR91893610360 

Contact: cecile@kapush.com 

Publication manager: Cécile Chatot

Designer and host

Shopify Inc, 150 Elgin street, 8th floor, Ottawa, on k2p 1l4, Canada

Phone: +33 1-888-746-7439.

General Conditions of Sale for online sales of items marketed by KAPUSH PARIS

Version of 06/24/20224

PRELIMINARY ARTICLE

 KAPUSH has set up a system for the remote sale of a selection of articles (hereinafter my “Articles”) via its website accessible at the following address www.kapush.com ( hereinafter the “Site”), from the catalogue of all KAPUSH articles appearing on the Site.

These conditions only apply to purchases made by buyers wishing to be delivered and having their habitual residence in one of the countries which appear in the drop-down menu when the customer creates the account on the site.

 

ARTICLE 1: SCOPE OF APPLICATION

These general terms and conditions of online sale (the "General Terms and Conditions of Sale") are applicable to all sales of KAPUSH items concluded via the distance selling website via the Internet (the "Online Store") accessible at the following address: www.kapush.com (the “Site”) for delivery to one of the countries listed in the drop-down menu on the Site .

Their purpose is, on the one hand, to inform any potential buyer of the terms and conditions under which the seller (hereinafter and hereinafter "KAPUSH") proceeds with the sale and delivery of the items ordered and, on the other hand, to define the rights and obligations of the Parties in the context of the sale of items by KAPUSH to the consumer (the "Buyer").

The Buyer declares having read these General Conditions of Sale before placing his order (the "Order"). Validation of his order therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale.

If you refuse to accept these General Conditions of Sale, you will not be able to order from the Site.

In accordance with the provisions of Article 1127-1 of the Civil Code, these General Terms and Conditions of Sale may be stored by any person visiting the Site, by means of a computer recording and may be reproduced, by means of their printing. The full text of these General Terms and Conditions of Sale can be printed by clicking on the button below.

KAPUSH reserves the right to modify these General Terms and Conditions of Sale at any time. However, the General Terms and Conditions of Sale applicable to the Order are those accepted by the Buyer at the time the Order is placed.

ARTICLE 2: IDENTIFICATION OF THE SELLER

The items are sold by the company KAPUSH PARIS, a simplified joint stock company, with a share capital of €140,394, whose registered office is at 166 boulevard Haussmann - 75008 Paris, registered with the Paris Trade and Companies Register under number 893 610 360.

Contact, email: cecile@kapush.com. Its Siret number is 89361036000024 and its intra-community VAT number is FR91 893610360

ARTICLE 3: INFORMATION RELATING TO THE ARTICLES

The products governed by these general conditions are those which appear on the website kapush.com and which are indicated as sold and shipped by KAPUSH. They are offered within the limit of available stocks.

Despite all the care that KAPUSH takes in presenting its items on the Online Store, KAPUSH cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen. Variations in shade may occur in particular, particularly due to the technical limitations of the color rendering of computer equipment. The photographs, graphics and descriptions of the items offered for sale on the Site are not contractual and are only indicative. However, if errors or omissions may have occurred with regard to this presentation, KAPUSH cannot be held liable.

KAPUSH reserves the right to modify at any time the list of Articles offered for sale on its Site, without prejudice to Orders placed by the Customer.

Any Order may not include more than five (5) Items in the context of a single purchase transaction on the Site.

Only Items with an “Add to Cart” button are offered for sale through the Site.

For any questions relating to the Articles and their use, as well as any additional questions or requests for advice, the Customer may contact the KAPUSH team by contacting customer service in accordance with the means described in the "Contact" section of the Site.

 

ARTICLE 4: ORDER TERMS

4.1 Confirmation of the Order by KAPUSH

From the moment the Customer has validated his Order, KAPUSH will acknowledge receipt of the Order without delay by email addressed to the Customer.

Only once the payment has been confirmed and duly made by the Customer, KAPUSH will send the Customer an order confirmation (the "Order Confirmation") by email. This Order Confirmation will include the Order number, the total amount of the Order, information relating to the cost and delivery time, the essential characteristics, quantity and price of the Items purchased, these General Terms and Conditions of Sale, as well as the invoice corresponding to the purchase.

Only the Order Confirmation under the above conditions constitutes acceptance of the Order by KAPUSH, thus indicating the existence of a legally binding sales contract between KAPUSH and the Customer.

It is agreed between KAPUSH and the Customer that e-mails will be authentic between the parties as well as the automatic recording systems used on the Site, in particular with regard to the nature and date of the order.

KAPUSH recommends that the Customer keep the Order Confirmation on paper or electronic media.

The Customer is informed that the emails corresponding to the Order Confirmation are sent by KAPUSH to the email address provided by the Customer. In the event of non-receipt of these emails, the Customer is advised to check whether they have not ended up in junk mail. Also, in the event of an error in entering the email address concerned, or non-receipt of the message confirming the Order, KAPUSH cannot be held liable. In this case, the sale will be considered final, except in cases of cancellation of the Order by KAPUSH, in particular due to unavailability of the Items, non-payment or suspicion of fraud. The Customer may nevertheless exercise his right of withdrawal under the conditions provided for in Article 10 of the General Terms and Conditions of Sale.

4.2 Availability of Articles

The Items offered for sale by KAPUSH are those that appear on the Site, on the day the Customer consults the Site, and within the limit of available stocks. KAPUSH reserves the right to withdraw Items from sale at any time. In any event, and in the event of the total or partial unavailability of Items after placing an Order, the Customer will be informed by email as soon as possible of the unavailability of the Item and of the total or partial cancellation of his Order.

In the event of total cancellation of the Order, KAPUSH customer service will contact the Customer to inform them of this cancellation and proceed with the reimbursement of the total price of the Order which will take place as soon as possible and at the latest, within fourteen (14) days following the cancellation of the Order.

In the event of partial cancellation of the Order:

- The Order will be validated and the bank account will be debited for the entire Order.

- The Buyer will be delivered the available items. KAPUSH customer service will contact the Customer to inform him of the unavailable items and proceed with the refund which will take place as soon as possible, and at the latest within 14 days following the shipment of the available items.

4.3 Refusal of Orders

Please note that purchases made on the Site are reserved for non-professional Customers for their own use (or for gift purposes). In accordance with Article L121-11 of the Consumer Code, KAPUSH reserves the right to refuse or cancel any abnormal Order exceeding the number of authorized Items, namely five (5) Items per Order.

Finally, KAPUSH reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any amount that would be due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including in the event of previous Orders.

 4.4 Proof of transaction

The computerized records, stored in KAPUSH's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

ARTICLE 6: PRICE OF ITEMS

KAPUSH reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the Order is validated. For countries exported outside the European Union: the prices displayed are exclusive of tax. Local VAT and administration fees may be collected in the destination country and must be paid by the recipient upon arrival of the package. Payment of the full price must be made when ordering. At no time may the amounts paid be considered as deposits or down payments.

The Buyer will receive, upon Order Confirmation, for each item, written confirmation of the price paid detailing the price of the items and the delivery costs, where applicable, charged to the Buyer.

Please note that VAT will vary depending on the country of delivery of the Items.

The actual VAT related to the Customer's Order will be calculated at the time his Order is scheduled to be shipped. Changes in applicable legislation between the date the Order is placed and the date an Order Confirmation is received may result in changes to the sales tax related to the Customer's Order. If this results in an increase in the sales tax for which the Customer is liable, KAPUSH will contact the Customer and ask him to reconfirm his Order.

ARTICLE 7: CUSTOMS

 Any order placed on the site and delivered outside of France may be subject to taxes or customs duties which are imposed when the package reaches its destination.

Any customs duties or taxes relating to the delivery of an item are the responsibility of the Buyer.

To find out about applicable customs duties or taxes, it is the Buyer's responsibility to contact the competent authorities in their country. In the event of a dispute with a customer, the French courts will have sole jurisdiction.

ARTICLE 8: PAYMENT CONDITIONS

To pay for his order, the Buyer has the choice of all the payment methods made available to him by KAPUSH on the kapush.com website. The Buyer guarantees to KAPUSH that he has any necessary authorizations to use the payment method chosen by him, when validating the order.

KAPUSH reserves the right to suspend any order management and delivery in the event of refusal of authorization of payment by bank card from officially accredited organizations or in the event of non-payment. 

KAPUSH reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.

The payment terms are specific to the STRIPE payment service provider platform, and are independent of KAPUSH, which does not intervene in any way in the use of said service. All terms and conditions related to payment via the STRIPE payment solution are governed by the General Terms and Conditions of Use of this service, accessible at https://stripe.com, which apply concomitantly to these T&Cs. KAPUSH does not keep any of the Customer's bank details, subject to the provisions below. KAPUSH cannot be held responsible for any malfunction occurring on the STRIPE payment platform.
By accepting these terms, the Client also agrees to be bound by the General Terms of Use of STRIPE, accessible at the above address. These may be subject to modifications by STRIPE only. Under no circumstances may KAPUSH modify the General Terms of Use of STRIPE, a service provider over which it has no control.

 

ARTICLE 9: DELIVERY

9.1 Delivery terms

Delivery is only made after confirmation of payment by the KAPUSH banking institution.

KAPUSH delivers the items ordered by Colissimo or DHL depending on the choice made by the Buyer. Delivery will be made exclusively to the countries indicated in the drop-down menu on the Site.

No deliveries are made to hotels or PO boxes. The products are delivered to the address indicated by the Buyer on the order form, the Buyer must ensure its accuracy. Any package returned to KAPUSH due to an incorrect or incomplete delivery address will be reshipped at the Buyer's expense. The Buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the Buyer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow the package to be collected from the location and during the time indicated.

Any delivery times communicated by KAPUSH on the Site are for information purposes only.

No deliveries are made on Saturdays, Sundays or public holidays.

9.2 Anomaly, damage, damaged package

If at the time of delivery, the original packaging is damaged, torn, opened, the Buyer must then check the condition of the items. If they have been damaged, the Buyer must imperatively refuse the package and note a reservation on the delivery slip (package refused because opened or damaged). He must then notify KAPUSH by any means, all reservations within 3 days of receipt of the product.

9.3 Delivery errors

The Buyer must notify KAPUSH on the same day of delivery or at the latest on the first working day following delivery, of any claim for delivery errors and/or non-conformity of the products in nature or quality compared to the information on the order form. Any claim made after this deadline will be rejected.

The claim may be made by the Buyer:

- By email to the address: cecile@kapush.com

Any claim not made in accordance with the rules defined above and within the time limits specified cannot be taken into account and will release KAPUSH from any liability towards the Buyer.

Any product to be refunded must be returned to KAPUSH in its entirety and in its original packaging to the following address: 166 boulevard Haussmann, 75008 Paris, France

 

ARTICLE 10: RIGHT OF WITHDRAWAL AND RETURN OF ITEMS

 In accordance with the provisions of the Consumer Code, the Buyer has a period of fourteen (14) working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, spoiled, deteriorated, soiled or in any other condition that would reasonably suggest that it has been used or worn, or whose original packaging has been damaged, will not be refunded or exchanged.

After having communicated his decision to withdraw, the Buyer then has 14 days to return or restore the goods.

The product must be returned to KAPUSH in its original packaging to the following address: 166 boulevard Haussmann, 75008 Paris, France.

This right of withdrawal is exercised without penalty, it being understood that the return costs are the responsibility of the Buyer. KAPUSH must reimburse the buyer for the full amount paid (excluding delivery costs) without undue delay and at the latest within 14 days following the date on which it is informed of the consumer's decision to withdraw.

KAPUSH may, however, defer reimbursement until recovery of the goods or until the Buyer has provided proof of shipment of these goods, the date retained being that of the first of these facts. 

To notify his decision to withdraw, the Buyer may use the withdrawal form at the bottom of these General Terms and Conditions of Sale and enclosed in his package, or any other unambiguous statement. This request must be sent to customer service by email to the following email address: cecile@kapush.com

 

ARTICLE 11: CONFORMITY – GUARANTEE

All products on sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the Civil Code), allowing the Buyer to return defective or non-compliant Products delivered free of charge.

11.1 Legal guarantee of conformity

The French Consumer Code provides the following in terms of legal guarantee of conformity: 

Article L217-4: " The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility ."

Article L211-5: “ To comply with the contract, the goods must:

1) Be suitable for the use usually expected of a similar good and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;

- present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L211-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.

 

11.2 Warranty against hidden defects

The French Civil Code provides the following in terms of guarantee against hidden defects:

Article 1641 of the Civil Code: “ The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would have paid a lower price for it, if he had known of them. ”

 Article 1648 of the Civil Code: " The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity. "

 Within the framework of the legal guarantee of hidden defects, LAETITIA UZAN, according to the choice of the Buyer, undertakes, after assessment of the defect:

-  Either to reimburse him the full price of the returned item,

-  Or to reimburse him part of the price of the item if the Buyer decides to keep the item.

 

11.3 Exclusion of warranties

Items modified, repaired, integrated or added by the Buyer are excluded from the warranty. The warranty will not apply to apparent defects. The warranty will not cover items damaged during transport or due to improper use.

11.4 Terms of implementation of guarantees

 When the Buyer acts under the legal guarantee of conformity, he:

 - has a period of two years from the delivery of the article to take action;

- may choose between repair or replacement of the item, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

- is exempt from providing proof of the existence of the lack of conformity of the article.

The legal guarantee of conformity applies independently of any commercial guarantee possibly granted by KAPUSH.

Finally, the Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

These provisions are not exclusive of the right of withdrawal defined in article 10 above.

11.5 Consequences of the implementation of guarantees

As part of the legal guarantee of conformity, KAPUSH undertakes to choose the Buyer:

-  Either replace the item with an identical item depending on available stock,

-  Or to refund the price of the item if the replacement of an item proves impossible.

Within the framework of the legal guarantee of hidden defects, KAPUSH, according to the choice of the Buyer, undertakes, after assessment of the defect:

-  Either to reimburse him the full price of the returned item,

-  Or to reimburse him part of the price of the item if the Buyer decides to keep the item.

 

ARTICLE 12: COMPLAINTS – INFORMATION

For any information, complaint or question relating to the General Conditions of Sale implemented by KAPUSH or to the articles themselves, Buyers must contact KAPUSH customer service on the Site via the “Contact” form, stating their Order number where applicable.

 

ARTICLE 13: PROTECTION OF PERSONAL DATA

13.1 KAPUSH collects personal data of the Buyer as well as, where applicable, that of the recipient of the Order.

Please note that the personal data requested from the Buyer are necessary for processing the Order and for issuing invoices, in particular.

This data may be communicated to potential KAPUSH partners responsible for the execution, processing, management and payment of Orders.

The processing of information communicated via the Site meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.

13.2 KAPUSH may set up cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site.
Cookies installed by KAPUSH are deleted from the Client's computer terminal after a period of 13 months.
The User may oppose their implementation and/or delete them by following the procedure indicated on their browser.
As such, KAPUSH collects the express consent of Users regarding the use of these cookies and uses them in accordance with legal provisions, including in particular the General Regulation on the Protection of Personal Data.
KAPUSH uses these cookies only to establish connection statistics as well as Users' browsing histories.

ARTICLE 14: PURCHASE VOUCHERS/CREDITS

The vouchers sent by KAPUSH can be used for 1 year on all Products offered on the Site. The vouchers cannot be combined with each other or with promotional codes.

ARTICLE 15: PROMOTIONAL CODES

Promotional codes only apply to non-discounted base prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per Customer account unless otherwise instructed by KAPUSH. These codes are not refundable during an exchange.

ARTICLE 16: RETENTION OF TITLE

KAPUSH retains full ownership of the items sold until full payment of the price, including principal, costs, taxes and mandatory contributions.

 

ARTICLE 17: INTELLECTUAL PROPERTY RIGHTS

The brand "KAPUSH", as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logotypes appearing on KAPUSH items, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of KAPUSH. Any total or partial reproduction, modification or use of these brands, illustrations, images and logotypes, for any reason and on any medium whatsoever, without the express prior agreement of KAPUSH, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and models, patents which are the property of KAPUSH.

The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than personal and private use for non-commercial purposes is strictly prohibited. Violation of these provisions exposes its author to the sanctions provided for both by the Intellectual Property Code under, in particular, copyright infringement (Article L.335-1 et seq.), trademark law (Article L.716-1 et seq.) and by the Civil Code in matters of civil liability (Articles 1382 et seq.).

The creation of hyperlinks to any of the pages or elements of the Site may only be done with the prior written permission of KAPUSH. It may be revoked at any time. Sites with a hyperlink to the Online Store or to which the Online Store may refer are not under the control of KAPUSH and KAPUSH therefore declines all responsibility (in particular editorial) concerning access to and the content of these sites.

 

ARTICLE 18: FORCE MAJEURE

The performance by KAPUSH of all or part of its obligations will be suspended in the event of the occurrence of a case of force majeure as defined in Article 1218 of the Civil Code which would hinder or delay its performance.

KAPUSH will inform the Buyer of any such fortuitous event or force majeure within fifteen (15) days of its occurrence. The occurrence of such an event results in the suspension of the execution of these general conditions of sale.

Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, acts of terrorism, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blockages of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. 

All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of KAPUSH or the Buyer without compensation from either party. Failure to pay by the Buyer cannot be justified by a case of force majeure.

 

ARTICLE 19: PARTIAL DISABILITY

If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

 

ARTICLE 20: NON-WAIVER

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these General Conditions of Sale cannot be interpreted for the future as a waiver of the obligation in question.

ARTICLE 21: LANGUAGES

The site and the General Conditions of Sale are available in two languages: French and English. However, in the event of a contradiction between the versions, the French version shall prevail. Only the French version of the General Conditions of Sale shall be binding between the Parties.

 

ARTICLE 22: DISPUTES - APPLICABLE LAW

These General Terms and Conditions of Sale are subject to French law. In the event of a dispute relating to their application and/or interpretation, the Buyer may resort to a conventional mediation procedure or any other alternative dispute resolution procedure. Any dispute or litigation referred to as consumer disputes may be subject to amicable settlement by mediation with the CMAP - Centre for Mediation and Arbitration of Paris. To submit a dispute to the mediator, the Buyer may (i) complete the form on the CMAP website, (ii) send their request by regular or registered mail to CMAP Médiation consommation, 39 avenue Franklin Roosevelt, 75008 Paris, or (iii) send an email to consommation@cmap.fr. Regardless of the method used to contact the CMAP, the Buyer's request must contain the following elements in order to be processed quickly: their postal address, email and telephone number as well as the full name and address of KPAUSH, a brief statement of the facts, and proof of prior steps taken with KAPUSH.

The Buyer remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.

In the absence of an amicable solution or recourse to mediation, all disputes to which the General Conditions of Sale may give rise will be submitted to the competent court of the Buyer's domicile.

WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of KAPUSH customer service at the following email address: cecile@kapush.com

 

- I/We [*] hereby notify you [*] of my/our [*] withdrawal from the contract for the sale of the goods [*]/for the provision of the service [*] below
- Well ___[reference]_____________
- Ordered on [*]/received on [*]: ______________
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
- Date
[*] Delete as appropriate.

                      

 

PRIVACY POLICY

Version of 06/24/2024

 

1. Data controller

The data controller, which collects and manages user data on the site, is KAPUSH SAS, a simplified joint-stock company whose head office is located at 166 boulevard Haussmann 75008 Paris – France, registered with the Paris Trade and Companies Register under number 893 610 360 (hereinafter “KAPUSH or the Company”).

KAPUSH has drawn up this Privacy Policy in order to inform you of its policy and practices regarding the collection, use, disclosure and processing of your personal data, which you have communicated to us on the Kapush.com website.

KAPUSH protects the privacy of its Internet users by complying with the applicable regulations in force. Thus, KAPUSH has notified the CNIL (National Commission for Information Technology and Civil Liberties) of the collection and processing of your personal data (the “Personal Data”).

 

2. Data collected

The Personal Data that we are mainly likely to collect and process concerning you are as follows:

- data relating to your identity (names, first names, date of birth, contact details, email address);

- data relating to your means of payment, in particular your credit card number and its expiry date;

- data relating to the monitoring of our commercial relationship (order number, history of your purchases, your requests to customer service);

- your preferences and interests;

- electronic identification data (in particular your IP address or browsing information relating to your terminal).

 

3. Purposes of collecting your Data

Mandatory Personal Data are data that are strictly necessary for the processing or requests of the User. In the absence of communication of said data, the User is informed that certain services offered by the Company cannot be provided to him. The mandatory nature of the requested information is indicated to the User at the time of collection. 

Optional Personal Data is data collected by the Company in order to better understand the User and improve their browsing experience on the Site and/or in stores.

Personal Data is collected and processed to meet the following purposes: 
- creation of the User Account;
- subscription to the Company’s newsletter;
- contact and assistance;
- management of the commercial relationship;
- commercial prospecting and sending of newsletters;
- improvement of service;
- management of operations relating to any order (confirmation, tracking, delivery, etc.);
- access to the Site User Account (accessible by login and password);
- online appointment booking;
- contact the Company using the online form.
Users are informed that, subject to their prior, specific and positive consent, the Personal Data transmitted may be transferred to commercial partners of the Company and/or to companies belonging to the same group as the Company, so that the latter can inform Users about their offers and services.

 

4. Recipients of your Personal Data

The User's Personal Data is intended for persons duly authorized to process it within the Company, in particular, and depending on the nature of the processing and the type of data, persons responsible for the sales department, customer service, marketing department, administrative department, logistics and IT department.

Finally, KAPUSH may be required to communicate your Personal Data to third parties when such communication is required by law, a regulatory provision or a court decision, or if this communication is deemed necessary to ensure the protection and defense of its rights and/or comply with a legal or regulatory obligation.

 

5. Retention period

KAPUSH undertakes to use Personal Data only for the duration necessary to achieve the purposes described above.

The Personal Data concerning you, collected and processed under the “Contact” section, will only be kept for the duration of the processing of your request. They will then be destroyed.

Data relating to file management (order tracking, invoicing) are deleted or archived after a period of five (5) years following the end of the relationship with the Company; 

Data relating to the management of customer and prospect relations (carrying out loyalty and prospecting operations, monitoring the relationship, sending newsletters, etc.) are deleted or archived after a period of three (3) years following the end of the relationship with the Company.

This Personal Data may also be stored for a period of ten (10) years thereafter in the archive database, with restricted access, in order to (i) comply with the Company's legal and regulatory obligations, and/or (ii) enable it to assert a right in court, before being definitively deleted.

 

6. Security

The Company undertakes to process Personal Data in a manner: 

- lawful, fair, transparent, proportionate, relevant, within the strict framework of the purposes pursued and announced, for the duration necessary for the processing implemented and in a secure manner.

The Company implements and updates appropriate technical and organizational measures to ensure the security and confidentiality of Personal Data by preventing them from being distorted, damaged or communicated to unauthorized third parties.

Please note, however, that no data transmission over the Internet is 100% secure and any information communicated online can potentially be intercepted and used by persons other than the intended recipient.

 

7. Transfers

KAPUSH stores your Personal Data on servers located in the European Union. However, KAPUSH may use third-party service providers/subcontractors who may store data in other countries, including the United States and the United Kingdom.

The Company ensures that subcontractors, employees or collaborators guarantee the same level of protection as itself and ensures that these subcontractors, employees or collaborators process Personal Data only for the purposes authorized by the purposes pursued, with the discretion and security required.

In cases where the Company uses subcontractors located in countries offering levels of protection not equivalent to the level of protection of personal data in the European Union, the Company undertakes to ensure that said transfer is governed by the data protection agreements put in place between the European Union and the destination countries, or by an adequacy decision of the European Commission concerning certain countries ensuring an adequate level of protection, or by the signature of standard contractual clauses established by the European Commission (" SCC ") or adopted by a supervisory authority and approved by the European Commission, or by the establishment of binding internal corporate rules (" BCR "), or by an approved code of conduct, an approved certification mechanism or an administrative arrangement or a legally binding and enforceable text taken to allow cooperation between public authorities. 

 

8. Changes and updates to the Privacy Policy

By using our Site, you agree to the collection, use and disclosure of your Personal Data in the manner described in this Privacy Policy.

The Company reserves the right to modify this personal data processing policy in order to comply with the obligations provided for by privacy protection legislation or in order to adapt it to its practices. Consequently, the User is invited to consult it regularly in order to be aware of any modifications and adaptations.

 

9. Rights of individuals regarding the data collected

In accordance with the regulations in force, upon simple written request, you have the right to access Personal Data concerning you, to request their modification or rectification, or to demand that they no longer appear in the Company's database.

The User has the right to withdraw his/her consent at any time. The withdrawal of consent does not affect the lawfulness of the processing already carried out, based on the consent given before this withdrawal. 

You also have the right to object , at any time, to the processing of your Personal Data for commercial prospecting purposes . 

To exercise his/her rights of access, rectification, erasure, limitation, withdrawal of consent, portability and opposition referred to above, the User simply needs to send his/her request:

- by email to the following address: cecile@kapush.com

10. Applicable law – disputes

This Privacy Policy is governed by and interpreted in accordance with French law. The French courts have jurisdiction over any dispute relating to the Site, with the exception of rules of special jurisdiction, in particular in the event of a dispute with a consumer. In the event of a dispute concerning the way in which KAPUSH collects and processes your Personal Data, you have the possibility of filing a complaint with a supervisory authority, the CNIL