General Terms and Conditions of Sale

PREAMBLE.

ARTICLE 1 – PURPOSE.

ARTICLE 2 – CONTRACT AND ORDERING PROCESS.

ARTICLE 3 – PAYMENT.

ARTICLE 4 – DELIVERY.

ARTICLE 5 – RETENTION OF TITLE.

ARTICLE 6 – WITHDRAWAL.

ARTICLE 7 – LIABILITY.

ARTICLE 8 – INTELLECTUAL PROPERTY.

ARTICLE 9 – PROTECTION OF PERSONAL DATA.

ARTICLE 10: WARRANTIES / AFTER-SALES SERVICE.

ARTICLE 11 – CUSTOMER SERVICE.

ARTICLE 12 – ENTIRE AGREEMENT.

ARTICLE 13 – GOVERNING LAW / DISPUTES.

ARTICLE 14 – PAYMENT IN 3 OR 4 INSTALMENTS VIA ONEY.

APPENDIX – WITHDRAWAL FORM.

Before using a medical device, consult a healthcare professional and read the instructions for use carefully.

PREAMBLE

These general terms and conditions of sale are entered into, on the one hand, by COACH KIN, a limited liability company, registered with the Paris Trade and Companies Register under number 484 777 859, with its registered office at 9, rue Anatole de la Forge, 75017 Paris, publisher of the website ‘Coachkin.com’ or hereinafter referred to as ‘the Website’, and any person making a purchase on the coachkin.com website, hereinafter referred to as ‘the Buyer’, the parties to the contract.

ARTICLE 1 – PURPOSE

These general terms and conditions of sale are binding solely on COACH KIN, the publisher of the e-commerce website COACHKIN.COM, which offers for online sale medical devices and products relating to the fields of orthopaedics, sport/prevention/sports orthopaedics, compression, quality of life, and urology, with any buyer wishing to purchase a good or service offered by the website.

The following telephone number, 01 84 20 25 30, is provided to contact COACH KIN’s customer services and may be used by the Buyer to contact customer services.

These Terms and Conditions of Sale apply to all sales of goods and services on the CoachKin.com website, and are set out in detail for specific categories or groups of products where necessary, with specific terms provided to the customer.

The contractual relationship between COACH KIN SARL and the Buyer is primarily governed by these General Terms and Conditions of Sale. Consequently, any order placed by the Buyer for a product on the Website implies full and unconditional acceptance of these General Terms and Conditions of Sale, also referred to as the GTC, which the Buyer acknowledges having read. To confirm their consent, the Buyer is asked to tick the box provided for this purpose during the order placement process. The order can only be processed if this acceptance is confirmed.

Each account is personal and held in the Buyer’s name; the Buyer is required to create a customer account.

The Buyer confirms that they have full legal capacity to enter into a contract, are of legal age (having reached the age of 18 on the date of the order) or have prior parental authorisation permitting the purchase of goods online. In the latter case, proof must be provided upon first request by Coach Kin.

The general terms and conditions of sale may be revised or amended at any time by Coach Kin. However, the general terms and conditions of sale applicable to the order are those in force on the date of the order.

The Buyer may, if they wish, obtain a copy of the previous General Terms and Conditions of Sale that were in force at the time of their purchase from Customer Services, if the General Terms and Conditions of Sale have been amended since their purchase. They must make this request exclusively via the contact form available at https://www.coachkin.com/nous-contacter; otherwise, their request cannot be processed.

The fact that Coach Kin does not, at any given time, rely on any of the clauses of these terms and conditions, oror tolerates a breach by the other party of any of the obligations set out in these terms and conditions shall not be construed as a waiver by Coach Kin of its right to rely on any of the provisions of these general terms and conditions at a later date.

ARTICLE 2 – CONTRACT AND ORDERING PROCESS.

2.1. Conclusion of the contract.

The Buyer is advised that they may contact our customer service department by telephone or email to request any information they deem useful for making a decision prior to placing their order.

The telephone number provided is listed on the website.

The Buyer shall place their order by following the ordering process set out in the steps below, in order to complete the order electronically:

• The Buyer selects their items and adds them to their basket.
• The Buyer logs in or creates a customer account if one has not already been created.
• The Buyer selects their delivery method.
• The Buyer selects their payment method.
• They submit their payment request.

Coach Kin sends the Buyer an email confirming their order; this email constitutes Coach Kin’s acceptance of the Buyer’s order and thus forms the contract of sale between the parties.

When the order is dispatched, Coach Kin sends an email to notify the Buyer.     

Before confirming their order, the Buyer is shown a summary table detailing the products and the total price.

The Buyer has the opportunity to check the details of their forthcoming order and its total price; during this check, they may correct any errors before confirming the order to indicate their acceptance.

Once the Buyer confirms their order, it is understood that the Buyer accepts, in full knowledge of the facts, these general terms and conditions of sale, as well as the specifications, prices, quantities, volumes, delivery times and terms for the products offered for sale and selected by the Buyer.

The sale shall be final upon the Buyer’s confirmation of the order.

Placing an order constitutes acceptance of the terms and conditions of sale; no order can be placed without this agreement, which is confirmed by ticking the box provided for this purpose during the ordering process on the Website.

2.2. Product Availability.

Product offers are available whilst they are visible on the Website.

The Buyer may check the availability of the products for sale on the relevant product page.

Products are available within the timeframe indicated on the product page.

Our dispatch times vary from 24 hours to 7 days from the time the order is confirmed; depending on the products ordered, these are working days, excluding public holidays, Saturdays and Sundays.

Should an item ordered prove to be permanently unavailable, COACH KIN S.A.R.L. will inform the Buyer by email and offer them an equivalent product or the option to cancel the order.

If other items ordered are available, the remainder of the order will be processed and dispatched to the customer within the timeframes stated on the Website.

If the customer wishes to cancel their order due to a product being permanently out of stock, they may do so by simply contacting Customer Services.

In the case of payment by credit card, the payment instruction will be cancelled with our bank, BNP PARIBAS.

2.3. Prices.

The prices of products on the website are shown in euros on each item’s product page and include all applicable charges (VAT) in mainland France and Corsica, excluding delivery charges.

VAT is applied at the rate in force at the time the order is placed.

The prices of products displayed on Coachkin.com are exclusive of delivery charges and the cost of any other optional services subscribed to by the Buyer, which are charged as extras.

The prices of the selected products are shown in the summary table in the Buyer’s basket before the Buyer confirms the order.

The prices listed on the Coach Kin website are indicative and are updated regularly.

Coach Kin reserves the right to amend these prices without prior notice; however, the prices charged by Coach Kin are those in force at the time the Buyer purchases the products.

2.4. Product conformity.

The product descriptions set out the specifications and descriptions provided by the suppliers. The products comply with current European legislation and bear the CE mark.

The product photographs on the website are as accurate as possible but cannot guarantee a perfect likeness to the actual product, particularly with regard to colours; they are provided for illustrative purposes only.

The Buyer should refer to the product description to find out the specifications of the product they are interested in.

ARTICLE 3 – PAYMENT

3.1. Payment Methods.

The Buyer may pay for their purchases by credit card, using a Visa, Carte Bleue, Mastercard or E-carte bleue.

Transactions carried out on the Website are secured by the 3D Secure system.

Coachkin.com guarantees the security of credit card payments by using SSL (Secure Socket Layer) encryption and by utilising an independent global solution for processing credit card payments. The information transmitted is encrypted by software. The buyer’s bank account will be debited for the cost of the products and services they have selected once the order is ready for dispatch.

We do not hold or store any credit card details; these are processed via the servers of the aforementioned service provider.

All details – including your card number, expiry date and security code – will be requested from you and processed by the payment provider.

If the payment is declined by the Buyer’s bank, the order will be cancelled. 

3.2. Anti-fraud checks applicable to all payment methods.

In the event of anti-fraud checks carried out to secure its customers’ transactions, coachkin.com shall be entitled to ask the Buyer to provide one or more proofs of address and/or a copy of their identity card by email before confirming their order.

The order will only be final once coachkin.com has received these documents and sent a confirmation email. If these documents are not received, or if they do not allow for the identity of the person placing the order and the validity of their address to be verified with certainty, coachkin.com reserves the right not to accept the order. Furthermore,

coachkin.com also reserves the right to refuse an order if there is a previous ongoing dispute regarding payment, or if the order value is abnormally high, or if payment was made without 3D Secure validation.

ARTICLE 4 – DELIVERY

4.1. General Provisions.

The products ordered by the Buyer will be delivered to the address provided by the Buyer during the ordering process, in accordance with the provisions of these Terms and Conditions.

The Buyer is presented with a choice of delivery methods and their respective prices during the ordering process, prior to final confirmation, subject to availability at the time of the order.

4.2. Delivery Locations

Products can only be delivered to mainland France and Corsica to the delivery address provided by the Buyer on their order. The Buyer may also opt for delivery to a Chrono Relais collection point, a retailer or a post office of their choice when placing the order on the Website.

In the case of delivery to a collective address, the Buyer acknowledges that Coachkin.com’s service in respect of the order’s delivery ends upon actual delivery to the collective address specified in their order, even if the product is received by a third party. The transfer of risk to the Buyer takes place at this point.

Due to the risk of products going missing at such addresses, Coachkin.com is unable to deliver to military premises.

In the case of certain hard-to-reach locations (such as certain islands in mainland France, etc.), delivery is made to the nearest port. The final delivery may then be carried out by another logistics provider, independent of the carrier delivering to the port and used by Coachkin.com.

This delivery from the port to the final destination is then charged as an additional fee, on top of the previous invoice, as Coachkin.com does not cover this extra cost.

4.3. Delivery times

The delivery times stated on the Website are calculated from the date the products ordered by the buyer leave the warehouse and commence from the date the payment is actually debited by the bank from the buyer’s card.

The Buyer is notified of the dispatch of their order by email, sent to the email address they provided when creating their customer account. Coach Kin accepts no liability in cases where:

- The email does not reach the Buyer due to a change in the Buyer’s email address.

- The email is not received by the Buyer because it is classified as spam by their internet service provider.

Coach Kin retains proof that the email was indeed sent. It is the Buyer’s responsibility to ensure that the conditions for receiving the email are met.

In the case of delivery to a collection point, the collection point chosen by the Buyer may be closed (e.g. due to the retailer’s holidays); in this case, the parcel will be delivered to the collection point closest to the address provided by the Buyer.

The Buyer will be notified via their collection point order tracking.

The Buyer has 10 working days from the date of arrival at the collection point to collect their parcel.

After this period, the parcel will be returned to COACH KIN S.A.R.L. Following an initial reminder from coachkin.com, and in the absence of a response within 14 calendar days, coachkin.com will consider that the Buyer has abandoned their purchase and exercised their right of withdrawal. As return costs are not covered by Coach Kin, an amount corresponding to the return costs charged by the carriers will be deducted from the order refund.

4.4. Home Delivery.    

In the case of home delivery by La Poste or GLS, if the Buyer is absent at the time of delivery, they must contact the carrier to arrange collection of their parcel.

Once this period has elapsed, the parcel will be returned to COACH KIN S.A.R.L. Following an initial reminder from Coach Kin, and in the absence of a response within 14 calendar days, coachkin.com will consider that the Buyer has abandoned their purchase and exercised their right of withdrawal. As return costs are not covered by Coach Kin, an amount corresponding to the return costs charged by the carriers will be deducted from the order refund.

4.5. Delivery delays.

In the event of a delay in relation to the stated delivery time, the customer is invited to contact customer services so that the necessary enquiries can be made.

4.6. Damage to parcels; parcels not in accordance with the order.

In the event of damage to parcels or non-compliance with the order confirmation, the customer is asked to contact customer services so that the necessary investigations can be carried out.

ARTICLE 5 – RETENTION OF TITLE.

Coachkin.com retains full ownership of the products ordered by the Buyer until the Buyer has fulfilled all their obligations and, in particular, until the full amount of the order (product price and delivery charges) has been paid, in accordance with Law No. 80-336 of 1 May 1980 concerning retention of title.

ARTICLE 6 – WITHDRAWAL

6.1 Eligibility for the right of withdrawal

In accordance with the legal provisions in force, a non-professional Buyer has a withdrawal period of 14 days from the date of receipt of the order.

- Where a medical certificate has been issued following the purchase of an item covered in full or in part by the CPAM or other approved bodies, withdrawal is possible provided that the original medical certificate is attached to the notice of withdrawal or included in the parcel (medical certificates will no longer be issued online from 1 April 2024). Online purchases do not qualify for the issue of a Social Security reimbursement form.

- In the case of a splint, a standard or made-to-measure orthosis, or a customised orthosis (e.g. semi-customised or requiring other specific customisations), these products are also not eligible for return.

- Furthermore, items may be returned provided they have not come into contact with the skin. 

However, in accordance with Article L.121-20-2 of the Consumer Code, this withdrawal period does not apply in certain cases, notably:

- contracts for the supply of goods made to the consumer’s specifications or clearly personalised;

- contracts for the supply of goods liable to deteriorate or expire rapidly;

- contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Where the right of withdrawal does apply, the costs shall be borne by the Buyer in accordance with the terms set out below.

6.2 How to exercise the right of withdrawal.

Procedure for returning a product eligible for the right of withdrawal

The Buyer may contact Coach Kin’s customer service team, who will provide a return number once they have verified that the purchased product meets the eligibility criteria for return.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement, without having to provide any reasons (for example, a letter sent by post, a fax or an email) by post to Coach Kin, 9, rue Anatole de la Forge - 75017 Paris, France. by telephone on 01 84 20 25 30 or by email to serviceclients@coachkin.com.

You may use the model withdrawal form, but this is not compulsory. To ensure that the withdrawal period is observed, you simply need to send your notice exercising your right of withdrawal before the withdrawal period expires. You must return or hand over the goods to Coach Kin, 9 rue Anatole de la Forge – 75017 Paris, France, without undue delay and, in any event, no later than fourteen days after you have notified us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period. You must bear the direct costs of returning the goods.

To return one or more parcels, the Buyer must follow the procedure below:

They must pack the relevant product(s) carefully, including the return number(s) in the parcel, written on a separate sheet of paper.

The product(s) must be returned to Coach Kin by the means chosen by the Buyer, who is free to take out insurance or not against damage, loss, theft or misplacement of the parcel. Coachkin.com does not cover the cost of postage or any other charges.

Coach Kin cannot be held liable for the non-receipt of a parcel sent by the Buyer. The Website recommends that Buyers opt for tracked delivery.

The costs and risks associated with returning the product(s) are borne by the Buyer.

Only products returned in their entirety, complete, in perfect condition, in their original packaging and eligible for return as set out in Article 6.1 will be accepted.

Where applicable, the return will be deemed non-compliant and will not be refunded by coachkin.com.

6.3 Effects of withdrawal

Once the Buyer has completed the steps set out above and the parcel has been received and verified by the Website,

The refund will be processed within 14 days of the date on which coachkin.com receives the products. The refund will be paid directly into the Buyer’s account linked to their credit card.

In the event that the return relates to only part of the order, Coachkin.com will refund the Buyer the amount of the delivery charges in proportion to the total order value. As the customer will no longer qualify for free delivery, they will lose the promotional benefit.

In the event of a full return of an order, coachkin.com will refund the customer the full amount of the delivery charges (outbound) paid at the time of the order. Legal obligations do not require the reimbursement of additional delivery charges if the Buyer has chosen a more specific and more expensive delivery method than the standard delivery offered by Coach Kin.

ARTICLE 7 – LIABILITY.

The liability of the Seller, hereinafter referred to as the Website or CoachKin.com, is limited to an obligation of means; the Seller shall not be held liable in the online sales process for any problem caused by incidents or damage resulting from the use of the internet, namely a service outage, external intrusion, data loss, viruses or other accidental problems, even though the Website takes the utmost care to avoid or prevent such incidents.

The Site shall not be held liable in the event of a delay in performance or temporary non-performance if it transpires that this failure to fulfil one of its obligations is the result of a circumstance beyond its control, such as a strike by carriers or the postal service, adverse weather conditions, or an internet network outage…

Products sold on the Website must be used for their intended purpose, in accordance with the instructions provided by the manufacturer in the documentation accompanying the product and supplied with it. We urge the Buyer to read all instructions carefully before using the medical devices, lifestyle products and other items on sale on the Website.

The Website accepts no liability should the misuse or improper use of one or more products offered for sale result in incidents, or in material, non-material or personal injury.

Coverage and amounts are provided for information purposes only and may be contested by COACH KIN. 

ARTICLE 8 – INTELLECTUAL PROPERTY.

No one is authorised to redistribute or reproduce, even in part, the Website’s content, visuals, articles, design, etc. Any type of link must be expressly authorised.

ARTICLE 9 – PROTECTION OF PERSONAL DATA.

Dated 24 May 2018

Personal Data Protection Policy

When you browse our website, you may be required to provide us with personal data. We thank you for your trust and would like to inform you here about how we use your data and your rights. The “Website” refers to the URL www.coachkin.com, the content of which is published by and is the property of Coach Kin, the data controller. We have always respected your personal data, and did not wait for the introduction of the “GDPR”, the European Union’s General Data Protection Regulation, to do so. However, this regulation helps to increase internet users’ trust in digital services and grants them significant rights. Coach Kin applies the provisions of this regulation to all internet users, whether or not they are part of the European Economic Area (EEA). 

The data controller

The data controller for personal data is COACH KIN, a limited liability company incorporated under French law, registered with the Paris Trade and Companies Register (RCS) under number 484777859, with a share capital of five thousand euros. Our registered office, to which all enquiries may be sent by post, is situated at 9, rue Anatole de la Forge – 75017 Paris, France. You may also send your enquiries to us by email at contact@coachkin.com.

CNIL formalities

In accordance with the French Data Protection Act (‘Informatique et Libertés’), the processing of personal data has been declared to the CNIL (Commission Nationale de l’Informatique et des Libertés) under registration number 1905213.

The information collected is necessary for processing the Buyer’s request.

In accordance with the ‘Data Protection Act’ of 6 January 1978, the Buyer has the right to access, rectify and delete their personal data by writing to the registered office at 9, rue Anatole de la Forge - 75017 Paris, France or contact@coachkin.com. Unless the Buyer objects, their contact details may be used by Coach Kin for marketing purposes. If the Buyer does not wish this, they need only contact our customer service department.

Purposes of data collection and processing

The personal data collected on our website is used to process orders and manage the commercial relationship (deliveries, invoices, after-sales service).
We may also use your data for advertising purposes, either after obtaining your express consent or within the limits permitted by law. We may also use your data to fulfil our legal and/or regulatory obligations where applicable.

Recipients of personal data

The recipients of your personal data collected on our website are, first and foremost, ourselves, for the purposes of processing your orders and managing customer relations. Other recipients of your personal data may include, where applicable, our payment service providers or payment security providers, our delivery service providers and our business partners. Where required by law, your consent will be sought or you will be given the option to opt out before any data is transferred.

Trusted Shops Buyer Protection:

If you choose to subscribe to buyer protection, your personal data will be transferred to Trusted Shops. You can find further details in Trusted Shops’ privacy policy. 

The Trusted Shops Trustbadge is displayed on this page to show our Trusted Shops trust mark and all reviews collected, and to offer buyers Trusted Shops products following an order. These measures serve to protect our overriding legitimate interests in the optimal marketing of our products, following a balancing of the various interests involved. The Trustbadge and the associated services are provided by Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne.

When you view the Trustbadge, the web server automatically records a ‘log file’ containing, for example, the name of the file requested, your IP address, the date and time of the visit, the volume of data transferred and the internet service provider from which the request originated (access data). This access data is not analysed; it is automatically overwritten no later than eight days after the end of your visit.

Further personal data is transmitted – to Trusted Shops only – if, following an order, you have opted to use Trusted Shops’ products or if you have already registered for this purpose. In this case, the contractual agreement between you and Trusted Shops applies.

Your Rights

Please note that the data subject whose personal data is being processed has the right to access, rectify and object to the processing of their personal data.
You may exercise these rights by contacting our customer service team by email via the contact form: https://www.coachkin.com/nous-contacter or by post to the address stated in our legal notice. You also have the option, via the ‘My Account’ section, to delete the data from your customer account using the ‘Delete my account data’ button, in accordance with the right to be forgotten as set out in Article 17 of the GDPR, to export your data in a manner that complies with Article 20 of the same regulation, enabling you to transfer your data before, for example, deleting your profile on the Website.  

Cookies and data retention periods

Our website uses cookies, as do most websites. These are small text files stored on your hard drive.
The cookies used on our site enable us, in particular, to offer you the following services: saving your shopping basket and identifying your customer account, and tracking visits.
Cookies are intended to enable or facilitate your browsing experience and are necessary for the operation of our online shop.

Furthermore, we would like to inform you that the use of cookies – whether our own or third-party – which are not strictly necessary for the website to function, requires your express consent.
You can give your consent or object to the use of cookies by configuring your device settings accordingly. Please refer, in particular, to your browser’s user guide for this purpose.

Options regarding the use of cookies

At any time, there are several options available for managing cookies, as set out below.

The settings you may choose to apply may affect your browsing experience and the functioning of certain services that require the use of cookies. As such, we accept no liability for any consequences arising from the impaired functioning of our services resulting from the inability to store or access a cookie on your device. Here are some links to help you configure your web browser so that it collects as little information about you as possible and stores few or no cookies: 

• To manage cookies in Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr
• To manage cookies in Internet Explorer: http://windows.microsoft.com/fr-fr/internet-explorer/delete-manage-cookies#ie=ie-11
• To manage cookies in Mozilla Firefox: https://support.mozilla.org/fr/kb/effacer-cookies-supprimer-infos-sites-enregistrees
• To manage cookies in Safari: http://support.apple.com/kb/ht1677?viewlocale=fr_FR&locale=fr_FR
• For other devices (smartphones, tablets, connected devices), please refer to your browser’s help menu.

Certain online tools or extensions offered by large organisations or associations will allow you to limit the cookies stored on your computer. 

For further information on cookies, you can visit the website of the French Data Protection Authority (CNIL), cnil.fr.

To whom might we transfer your personal data?

The data collected is intended for use by Coach Kin and its ecosystem. In particular, the data may be passed on to business partners, our accountancy firm and, where applicable, to auditors in the context of legal or contractual audits, to credit institutions, to Trusted Shops, to our security provider, and to police forces in response to court orders.

Certain data processors may also hold information about you for a maximum period of five years: these may include payment service providers, such as Stripe, Atos, logistics partners such as La Poste, Chronopost, etc., or warehouses, as well as telecoms operators responsible for routing calls on the French fixed-line and mobile networks.

Transfer of personal data outside the European Economic Area

Commercial marketing by email

If you no longer wish to receive marketing communications by email, you may let us know at any time using one of the following methods:

• click on the unsubscribe link in each email
• send an email via the contact form: https://www.coachkin.com/nous-contacter 

Please note that we do not store your bank details.

ARTICLE 10: WARRANTIES / AFTER-SALES SERVICE

10-1 General information 

All products sold on the CoachKin.com website are covered by a statutory guarantee. If, despite the care we take with the items we sell, a problem should arise with a product, please contact our customer service team by telephone on 01 84 20 25 30, or by email to Coach Kin’s customer service department, stating your name, your order number and the nature of your complaint.

Normal wear and tear on a product (support garments, orthoses, etc.) resulting from use is not covered by the guarantee (holes in socks, worn-out orthoses, etc.).

-Statutory guarantee:

CoachKin.com remains legally liable for any lack of conformity in the product sold, in accordance with Articles L211-4 to L211-3 of the Consumer Code.
CoachKin.com also remains liable under the statutory warranty against hidden defects under the conditions set out in Articles 1641 to 1648 of the Civil Code, as well as Article 2232 of the same Code, parts of which are reproduced below.

‘Statutory guarantee of conformity’ (extract from the Consumer Code)
Art. L. 211-4. ‘The seller is obliged to supply goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.’
Art. L. 211-12. ‘The right of action arising from a lack of conformity is subject to a limitation period of two years from the date of delivery of the goods’.
Art. 211-5 ‘To be in conformity with the contract, the goods must:
1. Be fit for the purpose usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities which the seller has presented to the buyer in the form of a sample or model;
- possess the qualities which the Buyer may legitimately expect in view of public statements made by the seller, the manufacturer or their representative, in particular in advertising or on labelling.
2. possess the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, which has been brought to the seller’s attention and which the seller has accepted.
‘Warranty against hidden defects’ (extract from the Civil Code)
– Art. 1641. ‘ The seller is liable under the warranty for hidden defects in the goods sold which render them unfit for the purpose for which they are intended, or which so impair that use that the buyer would not have purchased them, or would have paid only a lower price for them, had they been aware of such defects ”.
– Art. 1648 – paragraph 1. “An action arising from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect”.

10-2 Procedures for exercising guarantees

If the Buyer’s product proves to be defective during the two-year statutory warranty period, or does not comply with the order, the Buyer must submit a customer service request to coachkin.com.

To arrange a return with coachkin.com, the Purchaser must go to the ‘My Account’ section => ‘Track my orders’ and specify the issues or faults encountered with the product(s) in question. This process will enable them to obtain a return
number and send their product back to coachkin.com. Postage costs will be covered in accordance with the law, regardless of the solution chosen.
Coachkin.com will check, in particular, whether the product is covered by the statutory warranty; if so, the product will be accepted for return and exchanged as standard.
If the product cannot be exchanged for an identical or equivalent item, a refund will be issued in the form of a credit note or a cash refund. In all cases, coachkin.com will offer the most appropriate solution (replacement of the item or a refund).

In the event of an irregular or abusive return, or if the Buyer has failed to read and follow the instructions in the accompanying booklets or the manufacturers’ instructions, and if it is established that the product has been misused, such a return will be considered a non-compliant return and treated as such.

Similarly, any products returned without a return reference number will automatically be treated as non-compliant returns.

Please note that the Buyer is free to choose the method of dispatch for their product and to decide whether or not to take out insurance against loss, theft or damage to their parcel. Coachkin.com does not cover any of these costs and cannot be held liable for the non-receipt of the Buyer’s parcel.

Finally, the Buyer is responsible for how the product is packed; it must be packed in such a way that the product can be transported without risk of breakage or damage.

ARTICLE 11 – CUSTOMER SERVICE

For any enquiries regarding a purchase made on the coachkin.com website, the customer service centre can be contacted:

- by telephone on 01 84 20 25 30 (cost of a call to a landline from a landline in mainland France) from Monday to Friday, excluding public holidays.

- by email using the contact form available at: https://www.coachkin.com/nous-contacter

- by post to the following address: COACH KIN S.A.R.L. France – Coachkin.com Customer Service – 9, rue Anatole de la Forge – 75017 Paris

- If the buyer already has a customer account on coachkin.com, they can go to the ‘My Account’ section and contact us via their order history or at https://www.coachkin.com/nous-contacter

ARTICLE 12 – ENTIRE AGREEMENT

These General Terms and Conditions of Sale consist of all the clauses contained herein. Failure to invoke any of the provisions herein at any given time shall not constitute a waiver of the right to invoke those same provisions at a later date. Should any provision be found to be invalid, the remaining provisions shall remain valid.

ARTICLE 13 – GOVERNING LAW / DISPUTES

These General Terms and Conditions of Sale are governed by French law; neither the Website nor CoachKin.com shall be held liable for damages of any kind resulting from the malfunction or misuse of the products sold on the Website.

CoachKin.com cannot be held liable for any changes made by manufacturers.

COACHKIN.COM accurately reproduces on its Website the details and information provided by manufacturers. Coach Kin’s liability shall be limited to the amount of the order if, despite the care taken in preparing the product descriptions and presentations, any omissions or minor errors remain.

In the event of any difficulties in the application of these general terms and conditions of sale, we invite the Buyer, before taking any legal action, to contact us and seek an amicable solution with our team. The Website’s customer service team is available to deal with complaints and will give the matter the necessary attention to find a solution that satisfies both parties – namely the Buyer and Coach Kin – whilst respecting the legitimate rights of each party.

The Buyer may seek an amicable solution with the assistance of a third party, such as a professional trade association, a consumer organisation, or another adviser of their choice.

Seeking an amicable solution does not affect either the period of the statutory warranty or the duration of the contractual warranty.

It is noted that, as a general rule and subject to the discretion of the courts, compliance with these general terms and conditions of sale relating to the contractual guarantee presupposes that the Buyer has paid the full amount of their order, including all charges (delivery).

Any dispute that cannot be resolved amicably shall fall within the jurisdiction of the French courts; the competent commercial court designated in the event of a dispute is that of Paris, regardless of the place of delivery.

ARTICLE 14 – PAYMENT IN INSTALMENTS: 3X, 4X VIA ONEY

You can view the legal notices and general terms and conditions of the ONEY payment service by clicking on the link here.

APPENDIX – WITHDRAWAL FORM

In the event of withdrawal, we recommend that you complete and return this form to exercise your right of withdrawal within 14 days of receiving your order, by registered post with acknowledgement of receipt, to the following address: COACH KIN – COACH KIN.com Customer Service – Order Cancellation – 9, rue Anatole de la Forge - 75017 Paris or via the contact form on our website https://www.coachkin.com/nous-contacter

I/we (*) hereby give notice of my/our (*) withdrawal from the contract relating to the

sale of the item below: ____________________________________________________________________________________

___________________________________________________________________________________________________________

Ordered on (*)/received on (*): __________________________________________________________________________________

Name and address of the customer(s): ______________________________________________________________________________

___________________________________________________________________________________________________________

Signature of the customer(s) (only if this form is submitted in paper form):

Date:

(*) Delete as appropriate.