eGift Card Terms & Conditions

These conditions are concluded exclusively between KSGB EUROPE, a simplified joint-stock company with a capital of 2,600,000 euros registered with the LYON Trade and Companies Register under the French company number 504 379 009, whose registered office is located at 49 Rue du Dauphiné, 69800 Saint-Priest, France ("the Seller"), and any natural person visiting or making a purchase ("the Customer") on the site https://www.K-SWISS.eu/.

KSGB EUROPE and the Customer will hereinafter be collectively referred to as "the Parties".

The Customer declares to have read the present general terms and conditions of sale ("GTCS") and undertakes to comply with them in their entirety and without reservation.

The Customer undertakes to purchase the e-gift cards for their private use, and not to resell them on a personal or against payment basis, to any natural or legal person.

Any marketing or sale of the Seller's e-gift cards, outside the framework defined herein, is strictly prohibited. The Seller therefore does not accept liability in case of malfunction, for any reason whatsoever, of the e-gift card sold in violation of this prohibition. E-gift cards purchased from a third party, natural or legal person, outside the Site, may be validly refused, without the Seller's liability being incurred as such.

The Customer must protect their e-gift card, keep it confidential, and not share it if they do not intend to allow anyone to use it. The Seller will not verify whether an e-gift card is used by the original holder.

These current GTCS may be subject to change. Therefore, it is understood that the applicable GTCS are those in force on the Site at the time of registration of the online order.

The date of posting of the GTCS online is the date of their entry into force.

 

  1. Ordering and purchasing an e-gift card

The e-gift card is an e-card. The amounts to be credited will be €10, €25, €50, €100, €150 or €200. The e-gift card is active as soon as it is received by email for a period of twelve months; no further steps need to be taken.

 

To place an order, the Customer must follow the following steps:

  1. Go to the product sheet of the e-gift card
  2. Choose the desired amount for the e-gift card
  3. Add the e-gift card add to the basket
  4. Fill in all the requested information in the order details concerning the billing address
  5. Proceed to payment
  6. A confirmation email with the attached e-gift card will then be sent to the customer

 

The Customer certifies that the information provided is honest and accurate. They are solely responsible for entering this information. The Seller cannot be held responsible for an error committed by the Customer and which would affect the proper progress of the order, and in particular its delivery.

 

The e-gift card can be purchased in France, Austria, Belgium, Croatia, Czech Republic, Estonia, Finland outside the Overseas Region, Germany, Greece outside the Overseas Region, Hungary, Ireland, Italy, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain outside the Overseas Regions, United Kingdom. The e-gift card can be used for any order in the previously listed countries with the same currency.

 

A summary invoice of the order may be requested by the Customer via our customer service at https://www.kswiss.eu/pages/contact-us.

 

  1. Prices and methods of payment

The Products are provided at the prices in force that appear on the website https://www.kswiss.eu/, when the order is registered by the Seller. Prices are in Euros and include taxes.

 

The Seller reserves the right to modify the prices at any time. They do not include the costs of processing, shipping, transport and delivery, which are added to the invoice, under the conditions indicated on the website https://www.kswiss.eu/ and calculated before the order is placed.

A summary invoice of the order may be requested by the Customer from customer service via our customer service contact https://www.kswiss.eu/pages/contact-us.

 

The total amount of an order made with an e-gift card includes the price of the Product (s), value-added tax, if any, and delivery costs, if any. If the order total is greater than the balance of the e-gift card, the difference will have to be paid using another accepted payment method or another e-gift card.

The balance of the e-gift card is immediately updated following the purchase.

 

  1. Delivery of the e-gift card 

The delivery of the e-gift card is made to the email address provided by the Customer when the order was placed. It is at this email address that they will receive the confirmation email with the attached e-gift card.

In the event of non-receipt in this inbox, the Customer is advised to check their "Junk mail" or "Spam" inboxes.

The Customer is responsible for their email inbox and who can access it. As such, the Seller cannot be held liable in the event of fraudulent use by a person other than the Customer.

In case of any problems, the Customer may contact the Seller's customer service via https://www.kswiss.eu/

 

  1. Checking the balance of the e-gift card

The balance of the e-gift card can be consulted by clicking on the email link of the e-gift card previously sent at the time of purchase. In case of problems when trying to consult the balance of the card, our customer service will be able to resend the gift card.

 

  1. Exchange of e-gift cards/ Refund of purchases made with an e-gift card

E-gift cards may not be exchanged/returned for cash or any other method of payment, in whole or in part, nor refunded in the event of loss, theft or damage. E-gift cards cannot be used to purchase another e-gift card.

If the Customer returns a product originally purchased with an e-gift card, the e-gift card used will be credited with an equivalent value usable within the number of valid days remaining on the initial e-gift card. If the Customer returns a product originally purchased with multiple gift cards, the full refund will be made to the most recent gift card up to the original face value of the card. If the Customer returns a product originally purchased via several payment methods, the refund will first be made via the original payment method(s) (for example, debit/credit card or PayPal account) up to the initial amount paid via this payment method. The remaining balance will then be transferred to the used gift card or to a new gift card if the original gift card cannot be found.

For returned items that have been purchased using an e-gift card and other payment method, they will be refunded, in both cases, with their corresponding value.

  1. Right of Withdrawal

In accordance with the legal provisions in force, the Customer has a period of fourteen days from the receipt of their order of the e-gift card to exercise their right of withdrawal from the Seller, without having to provide reasons or pay a penalty.

To exercise this right of withdrawal, the Customer must notify the Seller, at the following address: 49 Rue du Dauphiné, 69800 Saint-Priest, France, of their decision to withdraw by means of an unambiguous declaration. The right of withdrawal form is available at https://www.kswiss.eu/.

The Seller shall reimburse the Customer for all sums paid when ordering within a maximum period of 14 (fourteen) days from receipt of the right of withdrawal form.

The Seller will proceed with the refund by crediting the bank account used during the order within 14 days, from the time the Seller is informed of the withdrawal request. The e-gift card code will then be deactivated.

  1. Seller Cancellation

The Seller reserves the right to refuse, cancel or suspend for verification the processing of any e-gift card and order if deemed necessary, in particular in the event of suspicion of fraud, an e-card sent in error with an incorrect amount or any other violation of the conditions of use of e-gift cards.

  1. Seller's Liability – Warranty

8.1 Legal guarantee of compliance and legal guarantee against hidden defects

The Products supplied by the Seller benefit from the following rights, automatically and without additional payment, in accordance with legal provisions:

-the legal guarantee of conformity, for Products that are apparently defective, soiled or damaged or do not correspond to the order (Articles L.217-4 et seq. of the French Consumer Code)

-the legal guarantee against hidden defects resulting from a defect in the material, design or workmanship affecting the products delivered and rendering them unfit for use (Article 1641 et seq. of the French Civil Code).

Any warranty is excluded in the event of damage caused by external causes or as a result of misuse, improper use, negligence or lack of maintenance on the part of the Customer, and also in the case of normal wear and tear of the product.

Article L217-4 of the French Consumer Code: The seller is required to deliver goods that comply with the contract and is responsible for non-conformities existing at the time of delivery (...).

Article L217-5 of the French Consumer Code: To comply with the contract, the goods must:

  1. Be suitable for the customary use expected of similar goods and, where appropriate: correspond to the description given by the Seller and possess the qualities which the Seller has presented to the Customer in the form of a sample or model; possess the qualities which the Customer may legitimately expect in view of the public statements made by the Seller, the producer or their representative, in particular in advertising or labelling;
  2. Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the Seller and which the latter has accepted.

Article L217.7 of the French Consumer Code: Lack of conformity that appears within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. The Seller may contest this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

Article L217-9 of the French Consumer Code: In case of lack of conformity, the Customer can choose between the repair or the replacement of the goods. However, the Seller may not proceed with the Customer's choice if this choice involves a manifestly disproportionate cost in relation to the other method, given the value of the item or the significance of the defect. They will then be required to proceed, unless impossible, in accordance with another modality not chosen by the Customer.

Article L217.10 of the French Consumer Code: If the repair and replacement of the goods is impossible, the Customer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same option is offered to them:

  1. If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the Customer's claim;
  2. Or if this solution cannot be provided without major disadvantage to the latter in view of the nature of the goods and the use they seek to make of them.

However, the contract cannot be deemed to be rescinded if the lack of conformity is minor.

Article L217-12 of the French Consumer Code: The action resulting from the lack of conformity lapses two years from the delivery of the goods.

Article L217-13 of the French Consumer Code: The provisions of this section do not deprive the Customer of the right to exercise the action resulting from prohibitive defects according to Articles 1641 to 1649 of the French Civil Code or any other action of a contractual or non-contractual nature that is recognised by law.

Article 1641 of the French Civil Code: The Seller is bound by the guarantee relating to hidden defects of the goods sold which make it unfit for the use for which it is intended, or which  diminish this use, or that the Customer would not have purchased it, or would have applied a lower price, if they had known about them.

Article 1648, paragraph 1 of the French Civil Code: The action resulting from prohibitive defects must be brought by the Customer within two years from the discovery of the said defect.

The guarantor of the defects of the item sold is KSGB EUROPE whose registered office is located at 49 Rue du Dauphiné, 69800 SAINT PRIEST, France.

When acting as a legal guarantee of conformity, the Customer has a period of 2 years from the delivery of the goods to act, and can choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code, and is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the good. The legal guarantee of conformity applies irrespective of any commercial guarantee that may be granted.

The customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code and can choose between the termination of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

8.2 Terms of return and refund of defective or non-compliant products purchased with the e-gift card

For any return, the Customer must go to https://www.kswiss.eu/pages/contact-us. After acceptance of your request by the customer service, a return slip will be sent to you by email. This return slip must be affixed to the package. The parcel must be deposited in a post office.

In the event of a return of a defective or non-compliant product, after KSGB EUROPE has ascertained that the product is defective or non-compliant, KSGB EUROPE will reimburse the Customer for the price of the item (s) concerned and the return costs by crediting the e-gift card.

Personal data protection

Pursuant to Law 78-17 of 6 January 1978 amended by Law No.2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of their order and the establishment of invoices, in particular.

These data may be communicated to any partners of the Seller responsible for the implementation, processing, management and payment of the orders.

The processing of the information communicated via the website https://www.kswiss.eu/ meets the legal requirements for the protection of personal data, and the information system used ensures optimal protection of this data.

The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition of portability and limitation of processing with regard to the information concerning them.

This right may be exercised under the conditions and in the manner defined on the website https://www.kswiss.eu/.

Regulatory framework

In accordance with the Data Protection Act of 6 January 1978, as amended, and the General Data Protection Regulation (EU Regulation 2016/679 of 27 April 2016), KSGB EUROPE processes the personal data of its customers and prospects, hereinafter referred to as Customer data and Prospect data.

GDPR Representative

The data controller is KSGB EUROPE, 49 Rue du Dauphiné, 69800 Saint-Priest, France and the GDPR Representative can be contacted at the following address: rgpdksgbeusupport@ksgb.com.

Types of data collected

The Customer and Prospect data collected by KSGB EUROPE may be as follows: surname, first name, title, email address, date of birth, postal address and delivery address, telephone number. KSGB EUROPE also reserves the right to collect browsing data through the use of cookies, which may include geolocation data, in accordance with the legislation in force.
 The cookie is a computer file stored on the hard disk of the Customer's computer or device. It aims to report a previous visit of the Customer or Prospect to the site https://www.kswiss.eu/. The Customer may deactivate the use of cookies by selecting the appropriate settings in their browser however such deactivation may prevent the use of certain features of the site https://www.kswiss.eu/.

 

Purposes of the processing operations

This Customer and Prospect data is collected by KSGB EUROPE as part of its activities in order to ensure the placing, management and execution of purchases, orders or reservations (deliveries, returns, refunds), the creation and management of the customer account, the management of the loyalty program, commercial prospecting, the assessment of needs by customising the customer journey with segmentation and/or profiling actions, and then the performance of statistical studies.

Recipients

The recipients of the data are the customer and e-commerce services of KSGB EUROPE, as well as our payment service providers (OGONE, ALMA, HIPAY), the company ensuring the maintenance of the system (SYNOLIA), the website host for https://www.kswiss.eu/ (SHOPIFY), our logistics service providers (ID LOGISTICS), transport services (La Poste, Chronopost, DHL) to ensure the delivery of Customer orders. Data transfers with our service providers are contractually regulated and according to the law in force, and are subject to an adequate level of data security.

Storage

In accordance with the retention principle of the General Data Protection Regulation, and the Simplified Standard 48 for the management of customer and prospect files, personal data relating to the Customer may not be retained beyond the retention period strictly necessary for the management of the business relationship. KSGB EUROPE undertakes to delete or archive Customer data at the end of a period of 3 years following the last purchase, and the Prospect data at the end of a period of 3 years following the last interaction. Exceptions are the data necessary to establish proof of a right or contract that can be archived, as provided for by the provisions of the French Commercial Code on the retention period of books and documents created in the course of commercial activities, and the French Consumer Code on the retention of contracts concluded by electronic means.

Rights of the data subject(s)

 The Client or Prospect has a right of access and rectification of the data concerning them, and can also assert their right to deletion or right to be forgotten, as well as their right of objection or right to portability. For any request, please write to KSGB EUROPE, 49 Rue du Dauphiné, 69800 SAINT PRIEST, France. On the other hand, the Customer or Prospective Customer may deactivate the use of cookies at any time, by selecting the appropriate settings in their browser. However, such deactivation may prevent the use of certain features of the site https://www.kswiss.eu/. Finally, any Customer or Prospect has the right to lodge a complaint before the competent supervisory authority (in France, this is the CNIL) concerning the processing of their personal data.

Legality of processing

The provision of Customer data is necessary for a purchase on the site https://www.kswiss.eu/, in particular for the delivery of the order to the Customer. The collection of Prospect data is based on the legitimate interest of the data controller. Finally, data processing by KSGB EUROPE may fulfil a legal obligation (e.g. taxation or litigation management).

  1. Intellectual Property

The content of the website https://www.kswiss.eu/ is the property of K-SWISS Inc., Westlake Village, California, 91361, USA and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.

  1. Unforeseen circumstances

In accordance with the provisions of Article 1195 of the French Civil Code, in the event of a change of circumstances that were unforeseeable at the time the agreement was entered into, the Party that has not agreed to assume an excessively onerous execution risk may ask the other party for a renegotiation of the agreement.

  1. Force majeure

The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, arises from a force majeure event, within the meaning of Article 1218 of the French Civil Code.

  1. Applicable Law - Language

These GTCS and the transactions arising therefrom are governed by and subject to French law.

They are written in the French language. Should they be translated into one or more languages, only the French text shall be binding in the event of a dispute.

  1. Litigation

These GTCS are subject to French law. In the event of a dispute, KSGB EUROPE  and the Customer will try to resolve the issue amicably.

All disputes to which the purchase and sale transactions concluded under these General Terms and Conditions of Sale could give rise, concerning their validity, interpretation, execution, termination, consequences and effects and which could not be resolved between the Seller and the Customer will be submitted to the competent courts under the conditions of common law.

The Customer is hereby informed that they may, in any case, resort to a conventional mediation, in particular with the Consumer Mediation Commission (French Consumer Code article L 612-1).

  1. Pre-contractual Information - Acceptance by the Customer

The fact that a natural (or legal) person orders on the website https://www.kswiss.eu/ means full acceptance of and compliance with these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Seller. The current General Terms and Conditions of Sale are valid for the duration of the online services provided by KSGB EUROPE.

Appendix 1: Right to withdrawal form

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.kswiss.eu/ except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

For the attention of:

KSGB EUROPE

49 rue du Dauphiné

69800 Saint Priest, France

-Order date

-Order number: ...........................................................

-Customer name: ...........................................................................

-Customer address: .......................................................................

Customer signature: