The Customer is informed that these Terms and Conditions have been translated into English. In the event of any discrepancy between the English translation and the original French text, only the French version will be valid.

These conditions cover the website and associated services in Switzerland, Europe, the United Kingdom and the United States only. Delivery services are provided by KLP DIFFUSION Sàrl and dispatched by our Carrier.

For ordering information, please contact customer service at info@karinelepetit.com. Our opening hours are from 9am to 6pm.

1 – DEFINITIONS

Capitalized terms used in these General Terms and Conditions of Sale have the following meaning:

CGV : General Sales Conditions

Customer: a natural person of legal age and capacity, or failing that, the legal representatives of minors or incapacitated persons who wish to use the Service with the Company as a consumer and who have Internet access and an e-mail address.

Order: definitive confirmation by the Customer that he/she wishes to purchase the Products on the Internet Site against full payment of the Price, under the conditions set by the Company on the Internet Site and in these GCS.

Order validated /

Order Validation: the moment when the Company validates the Order, either automatically after the Order has been placed or after additional checks by the Company.

Party: the Company or the Customer

Parties: the Company and the Customer

Price: the total Price inclusive of all taxes indicated on the Website

Product(s): all Products in the field of textiles, fashion, ready-to-wear, leather goods, shoes, jewelry, accessories, decoration, furniture and perfume, and in general any derivative Product whatsoever.

Service: Service provided by the Company for the sale of Products available on the Website, which enables Customers to purchase a Product from the Company in return for full payment of the Price in accordance with these GTC.

Website: Website that enables Customers to use the Service. www.karinelepetit.com (the “Website”) is operated by KLP DIFFUSION Sàrl (“we”, “us” and “our”).

Company: KLP DIFFUSION Sàrl, with share capital of CHF 20,000, registered in Switzerland under company number CHE-462.092.881, with registered office at 22, rue du Général-Dufour, 1204 Geneva, Switzerland.

Carrier: the carrier or carriers chosen by the Company to deliver the Products purchased by the Customer to the postal address indicated by the Customer.

Words defined in the singular may refer to their plurals and vice versa.

Titles do not affect interpretation.

Any reference to a document also includes a reference to its amendment, modification, etc.

2 – USE OF THE WEBSITE

The Website and related services (including applications that allow you to purchase our products on mobile devices) are made available to you in accordance with the following terms of use and service, as well as any other rules published on our Website (“Terms”). Please read the conditions carefully before placing an order. We recommend that you keep a copy of the conditions for future reference.

In particular, we would like to draw your attention to our policies relating to purchase conditions in the Terms and Conditions and to our Privacy Policy. If you are under 13 years of age, you must inform your parent or guardian of our privacy policy before registering to use this site or any of its services. We reserve the right to accept orders only from persons over the age of 18.

We may change the conditions from time to time at our sole discretion. Please read the conditions and consult them regularly. If you do not agree to any modification of the Terms, you must immediately stop using the Website.

Please note that these conditions do not affect your statutory rights as a consumer.

You agree that the information you provide when registering is true, accurate, current and complete in all respects. If any of your registration information changes, please notify us immediately. We may also change the conditions of registration from time to time.

We may modify, withdraw or suspend access to the Website (in whole or in part, permanently or temporarily) with or without notice and without liability to you.

The Website may include links to other websites or resources. We have no control over the content of these websites and are in no way responsible for their content.

Any material you upload to the Website or send to us by any other means (including social networks) will be considered non-confidential and non-proprietary and we will have the right to use, copy, distribute and disclose to third parties such material for any purpose whatsoever. We also have the right to disclose your identity to any third party who claims that this material infringes their intellectual property rights or their right to privacy.

We will not be liable to you or to any third party for the content or accuracy of any material posted by you or any other user of the Website and you agree to indemnify, defend and hold us harmless from and against any and all costs, damages, expenses, losses and liabilities incurred and/or suffered by us as a result of any claim related to your use of the Website.

We have the right to remove any material or message you post on the Website at our sole discretion.

3 – PURCHASING PRODUCTS

By purchasing a product on the Website, you enter into a contract with KLP DIFFUSION Sàrl.

4 – ORDERS

You agree that your order is an offer to purchase the Product(s) listed in your Order to us on the Terms. You agree that an Order enters into a contract with www.karinelepetit.com. All orders are subject to our acceptance and availability. Items placed in your shopping cart are not reserved and may be purchased by other customers. We may choose not to accept your Order at our discretion, for any reason, without liability to you. Here are some examples of when we may not accept your Order: we are unable to obtain payment authorization; shipping restrictions apply to a particular item; the item ordered is out of stock, the item ordered does not meet our quality control standards and is withdrawn; or you do not meet the eligibility criteria defined in the Terms.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone, at any time and at our sole discretion. We will not be liable to you or any third party for our removal of any merchandise from the Website, whether or not such merchandise has been sold, for our removal, filtering or modification of any material or content on the Website, for our refusal to process any transaction, or for our cancellation or suspension of any transaction after processing has commenced.

Once you have placed an Order, we will send you an Order confirmation e-mail. This e-mail will contain your Order number, details of the products you have ordered and delivery details. Please note that this e-mail is an acknowledgement of receipt of your Order and does not constitute acceptance of your Order.

The acceptance of your Order and the formation of a sales contract take place when your Order has been dispatched and we have sent you a confirmation e-mail.

When you place an Order for the first time, you may be asked or offered to register with us and complete certain mandatory fields on an Order form. Where we ask you to provide and use usernames and passwords to access restricted parts of the Website, it is on condition that you are responsible for ensuring that such usernames and passwords remain secure and confidential at all times. You must comply with all security instructions and/or recommendations given to you by us and notify us immediately if you become aware of or suspect any unauthorized use of your account.

You will only be invoiced for Products once they have been dispatched for delivery.

We will keep a record of your transactions for at least one year.

5 – PRICES

Prices shown on the Website are in Swiss francs, euros or dollars, net, including VAT; prices do not include delivery charges.

All prices and offers remain valid as announced from time to time. The Price in Swiss francs, euros or dollars of a product displayed on the Website at the time of acceptance of the Order will be respected, except in the event of significant variations in exchange rates and/or in the event of an obvious error.

If you are a customer whose credit/debit card is not denominated in Swiss francs, euros or dollars, the Final Price will be calculated in accordance with the exchange rate applicable on the day your card issuer processes the transaction. All Orders are placed with KLP DIFFUSION Sàrl, which is a Swiss entity. Your card issuer or payment method provider may therefore apply other international bank charges. We have no control over, and cannot predict, the amount of these charges. Please contact your bank before placing your Order if this applies to you.

6 – PAYMENT

Payment may be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, Maestro, American Express and any other method clearly advertised on the Website from time to time.

You confirm that the credit/debit card used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If your payment card issuer refuses to authorize payment, we will not be responsible for delays or non-delivery.

To guarantee the security of your purchases, we use state-of-the-art security systems to encrypt your payment details, making it virtually impossible to read them on the Internet.

KLP DIFFUSION Sàrl is not responsible for technical failures of these payment tools.

Any Product ordered will be delivered only after full payment has been received.

KLP DIFFUSION Sàrl reserves the right :

• Suspend or cancel the delivery of an Order placed by a Customer in the event of a breach of these GCS;
• To examine the solvency of a Customer, who consents to such an examination by placing an Order;
• cancel or suspend the Order of a Customer who is insolvent or suspected of acting fraudulently.

In addition, we take reasonable care, so far as it is in our power to do so, to keep your Order and payment details secure, but in the absence of negligence on our part, we cannot be held responsible for any loss you may suffer if a third party obtains unauthorised access to any data you provide when accessing or placing an Order on the Website.

7 – INSURANCE AND DELIVERY

Delivery will be made by our Carrier, according to the shipping service chosen at the time of purchase.

Ownership of the Products you have ordered from us will pass to you on the later of the following two dates

(a) the date on which we receive full payment for such Products ;

(b) the date and time of delivery to the address you have indicated.

We insure each purchase while it is in transit until it is delivered to the delivery address you have specified. A signature is required for all goods delivered, and it is at this point that responsibility for the goods purchased is transferred to you. If you have designated a recipient other than yourself for delivery purposes (e.g. for a gift), you agree that proof of signature by such recipient (or at such delivery address) shall constitute proof of delivery and performance by us, and of transfer of liability in like manner.

KLP DIFFUSION Sàrl guarantees the delivery of quality Products.

In the event of missing or damaged Products in transit, the Customer is requested to follow the procedure set out in the clause entitled “Inspection and Returns Policy”.

KLP DIFFUSION Sàrl ensures that the information given on the Products is correct.

However, it is the customer’s responsibility to check for possible contraindications before use.

We have the right to deliver your purchases in instalments and each delivery is deemed to constitute a separate contract with us, and we have the right to deliver only part of an Order.

8 – SHIPPING

Once your order has been dispatched, we will send you a confirmation e-mail containing your tracking number. You can track your Order using this link. Order status updates may take up to one hour after the Order has been placed.

A signature will be required upon delivery of your Order.

Please note that our service is not a nominative delivery service and that anyone at the designated delivery address can sign for your delivery. We will not be responsible for the loss or disappearance of an Order which has been signed for in a building, for example an office address which has been provided for delivery.

To contact us about shipping, please send an e-mail to info@karinelepetit.com.

9 – COSTS AND DELIVERY TIMES

Delivery times are estimates and begin on the date of dispatch. Please note that in some areas of Switzerland, the UK and Europe, delivery services are limited. We will do our utmost to dispatch your order as quickly as possible, but we cannot be held responsible for delays due to force majeure (force majeure is defined as any external, unforeseeable and irresistible event which, despite our best efforts, cannot be avoided or neutralized. Examples include hostage-taking, war, stormy gusts, floods, earthquakes, rockslides, volcanic eruptions, nuclear accidents, unrest, etc.), transport problems, customs detentions or any other reason beyond our control. If the Product can nevertheless be delivered, the contract will be maintained without any compensation being due to the Customer.

In the event of impossibility of delivery caused by the Customer (bad indication of address or other data), the Company KLP DIFFUSION Sàrl will not be in no case held for person in charge.

No deliveries are made on public holidays, and some delivery dates may be blocked.

Europe includes the following countries:

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Norway.

Please note that deliveries to Norway may be subject to customs delays beyond our control. We cannot be held responsible for any customs or import charges applied to your delivery.

10 – INTERNATIONAL SHIPPING

Please note that all goods are dispatched from Switzerland. Consequently, Orders placed from countries other than Switzerland may be subject to additional customs duties and import charges. These costs are the responsibility of the customer and are not the responsibility of KLP DIFFUSION Sàrl.

For Orders outside of Switzerland, KLP DIFFUSION Sàrl does not assume responsibility for any customs charges, nor is it liable for country-specific legal restrictions concerning specific Products. It is the customer’s responsibility to make prior enquiries.

Despite all our care in packaging the Products, KLP DIFFUSION Sàrl is not responsible for any damage due to transport conditions.

In this case, once the goods have arrived at customs, the customer will be contacted by our Company-independent Carrier and will be required to pay all applicable charges before his Order is released for delivery.

As duties and taxes vary from country to country, we are unable to provide estimates in this respect.

Any problem must be reported to KLP DIFFUSION Sàrl in writing within two days of receipt of the Product so that KLP DIFFUSION Sàrl can improve our collaboration with the Carrier.

11 – RETURNS AND CANCELLATIONS

If you are based in the European Union, you also have the right to cancel your Order under the Consumer Protection (Distance Selling) Regulations 2000 (“Regulations”), provided you notify us in writing. Notification may be given at any time after your Order has been placed, up to 14 working days from the day you received your Order. Notice of cancellation of the contract under the regulations must be given in writing, by e-mail, to info@karinelepetit.com.

Please note that this right of cancellation does not apply to certain items, including (but not limited to) goods made to your specifications or that have been customized.

For Orders cancelled under the Regulations, we will issue a full refund, including shipping costs. All items must be returned unused and in their original condition, from the country of original delivery.

Refunds will be made within 30 days of receipt of your cancellation notice. If we do not receive the cancelled Order, we will arrange for it to be collected at your expense.

12 – CONTROL AND RETURN POLICY

In the event of missing or damaged Products during transport, the purchaser must make all necessary reservations upon receipt of said Products.

These reservations must be confirmed in writing within two days of delivery at the latest, by e-mail, otherwise the delivery will be considered accepted and without defect.

Under no circumstances may the Customer return the Product without the prior consent of KLP DIFFUSION Sàrl.

If the Customer has the right to do so, he will be offered either a refund or a credit for a new purchase.

Items must be returned within 14 days of the delivery date, unused and with all labels still attached. Boxes bearing the KARINE LEPETIT trademark are considered part of the Product and must be returned with the items. This also ensures that the product(s) reach(s) us in suitable, undamaged condition. Damaged or soiled returns may not be accepted and returned to the customer and/or the refund may be refused.

It is the customer’s responsibility to return all unwanted Products and to cover all shipping costs. KLP DIFFUSION Sàrl recommends that all returns be sent by registered mail, to ensure the safe arrival of goods and to retain shipping documents in the event of a dispute.

We recommend that you insure the return shipment, as you are responsible for taking reasonable care of the goods and will be liable for any damage until we receive them in our warehouse. We cannot be held responsible for the loss or disappearance of an item that you have chosen to send us yourself.

Please email us if any of your purchases have been delivered without a KARINE LEPETIT label.

Authenticity cards, dust bags and labels, when supplied, must be included in your return.

Leather goods

We cannot be held responsible for general wear and tear or for transformations due to the nature of the materials used.

Defective goods

Goods are defective if received damaged. Items damaged as a result of normal wear and tear are not considered defective. Wherever possible, we offer to repair defective items. If the item cannot be repaired or the same Product is not available, you are entitled to a full refund.

Colors

We have made every effort to display as accurately as possible the colors of our Products that appear on the Website. However, as computer screens vary, we cannot guarantee that the display of a color on your screen will be perfectly accurate. For further information on colors, please contact our customer service department at info@karinelepetit.com.

Refunds will be credited to the purchaser’s original method of payment. Initial shipping charges will not be refunded. If your return was purchased in a currency other than your local currency, refunds will be made in the same currency as the purchase. Due to exchange rate fluctuations, the amount refunded may be slightly higher or lower than the price originally paid.

Upon receipt of the return, we will proceed with the refund as soon as possible. We estimate that refunds will be issued by your payment method provider within 7-10 business days.

Please retain your packing slip until you have received your refund.

13 – INTELLECTUAL PROPERTY

All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music and software, and any combination thereof) on the Website is owned by or licensed to us, and is protected by applicable copyright laws worldwide. All rights reserved.

The KARINE LEPETIT trademark and all other trademarks, trade names, service marks, brand names, trade names, illustrations, logos, impressions which appear on the products of the website or on their packaging, whether registered or not, belong to us or are licensed to us and are protected by applicable trademark laws throughout the world. All rights reserved.

All other intellectual property rights relating to the Website, our Products, their packaging, stationery, marketing materials or any other form of intellectual property are owned by or licensed to us and are protected by applicable laws worldwide.

The use of the Website and its content does not grant you any rights to copyrights, designs, trademarks and all other intellectual and material property rights relating to its content, including our software and all HTML and other code contained in this site. You are authorized to access and make personal use of the Website, but such use is limited and does not include the right to:

– use the Website in a way that may damage or harm our reputation or that of KARINE LEPETIT ;

– use the Website for commercial or professional purposes; reproduce or redistribute the Website or any of its content for commercial or professional purposes

– take any action that might impose an unreasonable burden on our infrastructure.

We do not warrant that the content of the Website is accurate or error-free. We do not promise that the functional aspects of the Website will be error-free or that the Website, its content or the server that makes it available are free of viruses or other harmful elements. We always recommend that all Internet users ensure they have up-to-date antivirus software.

The opinions expressed by individuals on the Website are the personal opinions of the authors and do not reflect the opinions of KLP DIFFUSION Sàrl. If you have a complaint about an item, please send an e-mail to info@karinelepetit.com.

14 – LIMITS OF OUR LIABILITY

You have certain rights under the law in addition to those detailed in the RETURNS AND CANCELLATIONS section. In Switzerland, these rights are as follows

– that any products you order through this Website will be of satisfactory quality, fit for purpose and as described on this Website; and

– certain remedies if a Product is defective.

Nothing in these conditions is intended to affect these rights.

We accept liability for death and personal injury resulting from our negligence or that of our employees and agents.

We do not seek to exclude liability for fraudulent misrepresentation on our part or on the part of our employees or agents. If we breach the Terms, we will only be liable for losses that are direct losses and a reasonably foreseeable consequence of such breach. Losses are foreseeable when, for example, they can be foreseen by you and us at the time you place your Order and we ship it. We are only liable for losses up to 100% of the total value of the goods purchased.

We are not liable for any loss that is not due to our breach or negligence, nor for any indirect loss that is a side effect of the main loss or damage and is not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

Nor shall we be liable for failure to comply with any of our obligations under these Terms where such failure is due to events beyond our reasonable control.

15 – USE AND PROTECTION OF PERSONAL DATA

The use of personal data is governed by the data protection declaration.

The data protection declaration is an integral part of these GTC.

The complete data protection declaration is available under the corresponding link.

All personal data will be treated as confidential. The information required to manage the Order will be processed electronically and may be communicated to associated companies or third parties for the purposes of managing and/or processing the Order.

Unless a Customer account has been created, personal data will be deleted after the Order has been processed and within the legal deadlines.

The electronic contact details provided as part of a customer account may be used to send you information about our products and events.

Anyone wishing to have their data deleted and/or modified can do so via the personal account tool.

If you have any further questions about data protection and data management, please send an e-mail to info@karinelepetit.com .

16 – TRANSFER

We reserve the right to transfer, assign, novate or subcontract any or all of our rights and obligations under these Terms, provided that your rights under these Terms are not affected. You may not assign, subcontract or otherwise transfer your rights or obligations under these Terms without our written consent.

17 – OUR RELATIONSHIPS

You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and KLP DIFFUSION Sàrl as a result of the TOS or your use of this Web Site. You agree not to represent yourself as a representative, agent or employee of KLP DIFFUSION Sàrl, and we will not be liable for any representation, act or omission by you.

18 – NON-WAIVER

If you breach the Terms and we take no action against you, we will still be able to use our rights and remedies in any other situation where you breach the Terms.

19 – PARTIAL NULLITY

If any provision of these GTS is found to be null and void, the remaining provisions of these GTS shall remain valid and binding on the Parties.

20 – ELECTRONIC SIGNATURE AND ELECTRONIC ACCEPTANCE OF THESE TERMS AND CONDITIONS

The Parties agree to the dematerialization of their signature.

By placing an Order, purchasing a Product or validating an Order, the Customer signs and accepts these GTC in their entirety and without modification.

21 – APPLICABLE LAW AND PLACE OF JURISDICTION

All disputes arising out of or in connection with the relationship between KLP DIFFUSION Sàrl and the purchaser shall be submitted to the courts of the Canton of Geneva and judged in accordance with Swiss law, to the exclusion of conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

In any event, the right to appeal to the Swiss Federal Supreme Court remains reserved.

DIFFUSION KLP