Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter the “GTC”) are entered into by and between, on the one hand, KINETIK , a company with a share capital of €7,500, whose registered office is located at 20 rue d’Isly, 35000 Rennes, registered with the Rennes Trade and Companies Register under number 809 504 848, which operates the website www.kinetikadrenalink.com (hereinafter the “Site”), and, on the other hand, by any individual or legal entity wishing to make a purchase via the Site (hereinafter the “Customer”).
ARTICLE 1. PURPOSE
These Terms and Conditions are intended to define the contractual relationship between KINETIK and the Customer, as well as the terms and conditions applicable to any purchase made through the Website.
These Terms and Conditions s to l of all other terms and conditions, including, in particular, those applicable to in-store sales or sales through other distribution and marketing channels.
Any use of the Site implies the Customer’s unconditional acceptance of these Terms and Conditions, which the Customer acknowledges having read prior to placing an order. In this regard, these Terms and Conditions are enforceable against the Customer in accordance with the provisions of l 1119 of the Civil Code.
The Website enables Kinetik to offer its products (hereinafter "the Products") in France and abroad.
Prior to any transaction, the Customer represents, first, that lof Products on the Site is not directly related to his or her professional activity and is limited to strictly personal use, and second, that he or she has full legal capacity, enabling him or her to sby these Terms and Conditions. These Terms and Conditions govern l of the Site and the services that may be offered on it, as well as any purchase made on the Site.
Kinetik reserves the right to modify these Terms and Conditions at any time in order to comply with any new regulations or to improve the user experience on its website. As a result, they will take effect as soon as they are posted online.
ARTICLE 2. PRODUCTS
The products offered are those listed on the Website, subject to availability.
Kinetik reserves the right to modify the product lineup at any time. Each product is presented on the Website with a description that outlines its main technical specifications as accurately as possible.
The Customer acknowledges that the images, photos, and colors of the Products offered for sale may not accurately reflect the actual colors l the Internet browser. Product photographs and descriptions are presented with the utmost care to ensure they are as accurate as possible to the products offered for sale. However, minor variations may occur, particularly due to differences in color rendering across different screens.
The sale of the Products featured on the Site is intended for all customers residing in countries that fully permit lof these products into their territory.
If one or more of the items ordered are no longer available, the Customer will be notified by email as soon as possible regarding lpartial or total lof their order or a replacement.
Lof Lof the Products may vary depending on the product codes, collections, and production runs. When information regarding the country of origin is provided on the Website, KINETIK ensures that it is accurate and up to date.
ARTICLE 3. PRE-CONTRACTUAL INFORMATION
The Customer acknowledges that, prior to placing the order and entering into the contract, he or she was provided, in a legible and understandable manner, with these Terms and Conditions of Sale and all information listed in Article L. 221-5 of the Consumer Code.
ARTICLE 4. PRICE
The prices listed on the product pages of the Website are in euros (€), including all taxes (TTC), excluding shipping costs.
Prices include the value-added tax (VAT) applicable on the date of the order. Any change in the VAT rate may be reflected in the price of the Products.
KINETIK reserves the right to change its prices at any time. However, the price applicable to the Customer is the one listed on the Website at the time the order is confirmed.
Shipping costs are displayed to the Customer before the order is finalized. The amount varies depending on lshipping l, the selected carrier, and the total order amount.
For all deliveries to mainland France, standard shipping is free for orders of €100 or more, including tax.
For any order under €100 (including tax), shipping charges are billed separately and disclosed to the Customer before the order is confirmed.
For deliveries outside mainland France—including to Europe, the French overseas departments and territories (DROM-COM), or l—the applicable shipping charges are displayed to the Customer before the order is confirmed.
Customs duties, local taxes, import fees, or other charges that may be levied on deliveries outside the European Union are not included in the price of the Products or in the shipping charges billed by KINETIK . These charges are the sole responsibility of the Customer.
ARTICLE 5. ORDERING AND PAYMENT TERMS
Before placing an order, the Customer must create an account on the Website. The account creation section can be accessed directly from the side menu bar.
When creating an account, the Customer must complete the form provided for this purpose and is required to enter an email address and a password, as well as, optionally, a birthday in the DD/MM format.
The Customer is solely responsible for keeping their password confidential and shall be solely liable for any fraudulent use of their password.
Before finalizing their order, the Customer must provide their last name, first name, mailing address, and a phone number; this information is required for processing and delivering orders and linvoices.
In accordance with the law of January 6, 1978, the Customer has the right to access, modify, correct, and delete data concerning him or her, which he or she may exercise by writing to Customer Service l.
If the Customer is already registered, they will enter their username and password to s.
The e-gift card is valid for one (1) year from the date of issue.
If the e-gift card has not been used, the consumer Customer has the right of withdrawal under the conditions set forth in l7 of these Terms and Conditions.
Once the e-gift card has been used—even partially—the amount used cannot lrefunded.
KINETIK allows Customers to order and pay for their Products in several steps:
1. The Customer selects the Products they wish to order and adds them to the shopping cart, adjusting quantities or product codes as needed;
2. The Customer verifies the shipping address or enters a new one;
3. Shipping costs are calculated and displayed to the Customer, along with the name of the carrier;
4. The Customer reviews all the information, reads and accepts these Terms and Conditions by checking the corresponding box, and then confirms the order;
5. To securely enter their personal credit card information, the Customer is redirected to the secure payment interface of the selected payment service provider. Payment information, including the credit card number, expiration date, authorization number, and security code, is collected directly by the payment service providers. KINETIK never has access to its Customers’ full payment details.
Once an order has been confirmed, the Customer will no longer be able to change ldelivery lfor that order.
If the payment is accepted, the order is recorded and the contract is definitively formed. Payment by credit card is irrevocable.
Payment is made in a single installment by credit card (Visa, Mastercard, American Express, or PayPal, etc.). Banking transactions are processed and secured by our partners STRIPE and PAYPAL.
For any order totaling 80 euros or more (including tax), the Customer may pay in installments. To do so, the Customer must select l corresponding l during the checkout process. Payment is processed through the secure ALMA platform. If the Customer wishes to pay for the order in installments, they agree to ALMA’s general and specific terms and conditions.
L to pay made using a payment card is irrevocable. Orders placed on the Site imply a guarantee that the Customer has all the necessary authorizations to use the payment methods made available.
In certain cases, such as non-payment, an incorrect address, or other issues with the Customer's account, Kinetik reserves the right to suspend or cancel any order placed by the Customer until the issue is resolved.
Confirmation of an order constitutes acceptance of these Terms and Conditions of Sale, acknowledgment that the Customer is fully aware of them, and a waiver of the right to invoke their own terms and conditions of purchase. Linformation provided and the recorded confirmation shall serve as proof of the transaction. Kinetik will send the Customer an email confirming the registration of their order to the email address provided when creating their account.
The sale will be considered final upon confirmation of l order's l and receipt by the seller of l purchase price.
If the Customer wishes to contact KINETIK , they may do so by email at the following address: hello@kinetikadrenalink.com.
ARTICLE 6. OWNERSHIP AND TRANSFER OF RISK
The Products remain the property of Kinetik until full payment of the price has been made.
The risk of loss or damage to the Products passes to the Customer—or a third party designated by the Customer—at the time the Customer or such third party takes physical possession of the Products.
ARTICLE 7. RIGHT OF WITHDRAWAL
In accordance with Articles L.221-18 et seq. of the Consumer Code, the consumer-customer has fourteen (14) days from the date of receipt of the order to exercise the right of withdrawal, without having to provide a reason for the decision.
When an order includes several Products delivered separately, the period begins from the receipt of the last Product.
To exercise their right of withdrawal, the Customer must notify KINETIK SPORT of their decision to withdraw by means of an unambiguous statement expressing their intention to withdraw. This statement may be sent by email to the following address: hello@kinetikadrenalink.com, or by mail to the address of KINETIK . To facilitate the processing of their request, the Customer is encouraged to submit their request by email.
The Customer may use the model withdrawal form available at the following address: https://entreprendre.service-public.fr/vosdroits/R38397. Lof this form is not mandatory.
If the Customer exercises the right of withdrawal, the Customer must return the applicable Product(s) without undue delay and, in any event, no later than fourteen (14) days after notifying the Company of the decision to withdraw.
The Customer is responsible for return shipping costs when exercising the right of withdrawal, unless the delivered Product is non-conforming, damaged, or different from the Product ordered.
Products must be returned in a condition that allows them to be resold. The Customer is responsible for any depreciation in the value of the Products resulting from handling other than that necessary to determine their nature, characteristics, and proper functioning.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal may not be exercised, in particular, for:
- Products manufactured to the Customer’s specifications or that are significantly personalized;
- Sealed Products that cannot be returned for reasons of hygiene or health protection once they have been unsealed after delivery.
These exclusions do not prevent the Customer from lhis or her rights under the statutory warranty of conformity or the warranty against hidden defects.
In the event of a valid withdrawal, KINETIK will refund the Customer the full amount paid, including the initial standard shipping costs, without undue delay and no later than fourteen (14) days from the date KINETIK is notified of the Customer’s decision to withdraw.
KINETIK may delay the refund until the Product(s) have been returned, or until the Customer has provided proof of shipment of the Product(s), whichever occurs first.
The refund will be made using the same payment method as that used by the Client for the initial transaction, unless the Client expressly agrees to another refund method, and provided that this refund does not incur any costs for the Client.
In the event of an exchange for a Product of a lower value, the difference will be refunded to the Customer via the original payment method, unless the Customer expressly agrees to receive a store credit.
ARTICLE 8. DELIVERY
Products are delivered to the address provided by the Customer when placing the order, provided that this address is located within a delivery area offered by KINETIK .
The Customer is responsible for ensuring that the shipping information provided at the time of order is accurate and complete. Any package returned to KINETIK due to an incorrect or incomplete address may be reshipped at the Customer’s expense, subject to the Customer’s approval.
Deliveries are handled by the carriers listed on the Site, including Colissimo, Chronopost, and Mondial Relay, depending on lselected by the Customer when placing the order.
The delivery times listed on the Site are estimates based on the average times typically observed, unless a specific delivery time is expressly indicated to the Customer at the time of order, particularly for pre-order Products.
KINETIK informs the Customer of the applicable delivery time before the order is confirmed.
In accordance with Article L.216-1 of the Consumer Code, KINETIK shall deliver the Product on the date or within the timeframe specified to the Customer at the time of the order. In the absence of any specified delivery date or agreement thereon, KINETIK shall deliver the Product without undue delay and no later than thirty (30) days after the conclusion of the contract.
When an order contains one or more pre-order Products, the applicable delivery time takes into account the manufacturing or procurement time indicated on the Product page or at the time of ordering.
If an order contains both in-stock Products and pre-order Products, KINETIK may ship the order in a single shipment once all Products are available, unless otherwise specified to the Customer.
In the event of a delay in delivery, the Customer may require KINETIK to make the delivery within a reasonable additional period. If KINETIK fails to do so within that period, the Customer may terminate the contract under the terms set forth in the Consumer Code.
In the event that the contract is terminated due to a delay in delivery, KINETIK will refund the Customer in accordance with the terms set forth in the Consumer Code.
The risk of loss or damage to the Products passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier provided by KINETIK , takes physical possession of the Products.
The Customer is asked to check lapparent lof the package and the Products upon delivery and to report any issues to the carrier and to customer service as soon as possible.
ARTICLE 9. STATUTORY WARRANTIES
Products sold by KINETIK are covered by the statutory warranty of conformity provided for in Articles L.217-3 et seq. of the Consumer Code, as well as the statutory warranty against hidden defects provided for in Articles 1641 et seq. of the Civil Code.
These warranties apply regardless of any commercial warranty that may be provided by KINETIK .
9.1. Statutory Warranty of Conformity
In accordance with Articles L.217-3 et seq. of the Consumer Code, KINETIK is liable for any lack of conformity existing at the time of delivery of the Product and that becomes apparent within two (2) years from that date.
Under the statutory warranty of conformity, the consumer Customer:
- has a period of two (2) years from the date of delivery of the Product to take action;
- may obtain repair or replacement of the Product, subject to the conditions set forth in the Consumer Code;
- is exempt from providing proof of lof the lack of conformity during the twenty-four (24) months following delivery of the Product;
- may obtain a price reduction or rescission of the contract in the cases provided for by the Consumer Code.
The statutory warranty of conformity sat no cost to the consumer.
9.2. Statutory Warranty Against Hidden Defects
In accordance with Articles 1641 et seq. of the Civil Code, KINETIK is liable under the warranty for hidden defects in the Product sold that render it unfit for its intended use, or that so impair its use that the Customer would not have purchased it, or would have paid only a lower price for it, had the Customer been aware of such defects.
The Customer may decide to invoke the warranty against hidden defects. In that case, the Customer may choose between rescission of the sale or a price reduction, in accordance with l1644 of the Civil Code.
9.3. Procedures for Implementing the Guarantees
For any inquiries regarding legal warranties, the Customer may contact customer service at lfollowing l: hello@kinetikadrenalink.com.
The Client is requested to provide any useful information that helps identify the order and describe the observed defect.
If the Product must be returned in lthe request, the Customer is asked to contact customer service in advance to obtain the practical details regarding the return.
In the event of a confirmed lack of conformity or a recognized hidden defect, KINETIK will cover reasonable return shipping costs.
9.4. Liability
KINETIK is fully liable to the consumer-customer for the proper performance of the obligations arising from the distance contract, in accordance with Article L.221-15 of the Consumer Code.
However, KINETIK shall not be held liable for any failure to perform or improper performance of the contract when such failure is attributable to the Customer, to an unforeseeable and insurmountable act by a third party not party to the contract, or to a force majeure event.
9.5. Force Majeure
In the event of a force majeure event as defined in Article 1218 of the Civil Code, the performance of KINETIK obligations may be suspended for the duration of such event.
KINETIK will notify the Customer as soon as possible of the occurrence of such an event and will make every effort, to the extent possible, to minimize its impact on the fulfillment of the order.
Annex to lD.211-2 of the Consumer Code :
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The consumer has two years from the date of delivery of the goods to invoke the statutory warranty of conformity if a lack of conformity arises. During this period, the consumer is only required to establish l of the lack of conformity, not the date on which it arose. When the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to such digital content or digital service throughout the entire period of supply. During this period, the consumer is only required to establish l of the lack of conformity affecting the digital content or digital service, and not the date on which it first appeared. The statutory warranty of conformity requires the seller, where applicable, to provide all updates necessary to maintain the conformity of the goods. The statutory warranty of conformity entitles the consumer to have the item repaired or replaced within thirty days of making the request, at no cost and without significant inconvenience to the consumer. If the product is repaired under the statutory warranty of conformity, the consumer is entitled to a six-month extension of the original warranty. If the consumer requests that the item be repaired, but the seller insists on replacing it, the statutory warranty of conformity is renewed for a period of two years from the date the item is replaced. The consumer may obtain a reduction in the purchase price while retaining the goods, or terminate the contract and receive a full refund upon returning the goods, if: (1) The merchant refuses to repair or replace the item; (2) The repair or replacement of the item takes place after a period of thirty days; (3) The repair or replacement of the goods causes significant inconvenience to the consumer, particularly when the consumer is permanently responsible for the costs of returning or picking up the nonconforming goods, or s is responsible for the costs of installing the repaired or replacement goods; (4) The property remains noncompliant despite the seller’s unsuccessful attempt to bring it into compliance. The consumer is also entitled to a price reduction or to rescind the contract when the lack of conformity is so serious that it justifies an immediate price reduction or rescission of the contract. In such cases, the consumer is not required to first request repair or replacement of the goods. The consumer is not entitled to rescind the sale if the lack of conformity is minor. The rights mentioned above are based on Articles L. 217-1 through L. 217-32 of the Consumer Code. A seller who, in bad faith, obstructs the enforcement of the statutory warranty of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of the seller’s average annual revenue (Article L. 241-5 of the Consumer Code). The consumer is also covered by the statutory warranty against hidden defects under Articles 1641 through 1649 of the Civil Code, for a period of two years from the date the defect is discovered. This warranty entitles the consumer to a price reduction if the item is retained or to a full refund upon return of the item. |
ARTICLE 10. INTELLECTUAL PROPERTY
Kinetik is the owner of the domain name kinetikadrenalink.com. The Site is a work of the mind protected by intellectual property laws. The Website as a whole and each of its constituent elements (such as source code, database content, videos, photographs, logos, trademarks, designs, text, site structure, software, animations, illustrations, design, user interface, and the organization and titling of sections) are the exclusive property of Kinetik . Any use, reproduction, or modification—even partial—of these elements is prohibited without the prior written authorization of Kinetik .
ARTICLE 11. PERSONAL DATA
The Customer is informed and agrees that his or her personal data may be collected on the Website and used by Kinetik , which acts as the data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the “GDPR”).
Kinetik is committed to protecting and ensuring the security and confidentiality of its customers’ personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent such data from being distorted, damaged, or accessed by unauthorized third parties.
In particular, Customers’ personal data may be shared with service providers and contractual partners who, as data processors under the GDPR, are directly involved in and contribute to order management and for whom it is absolutely necessary to access the personal data provided by the Customer when creating and l their account (name, mailing address, phone number, email address).
Customers' personal data is collected for the following purposes:
- managing orders and customer relationships,
- l customers l about offers and promotional content related to the brands,
- Strengthening and l communication regarding the website and the brand, in particular by l newsletters and special offers based on the Customer’s preferences as indicated on the Site,
- l and personalizing the services offered to Customers,
- Complying with legal and regulatory obligations.
Kinetik is committed to protecting the confidentiality of any information provided by the Customer that may be required for the use of certain services. All information concerning the Customer is subject to the provisions of Law No. 78-17 of January 6, 1978.
As such, l have the right to access, modify, and delete information concerning them. They may submit a request at any time by email to: hello@kinetikadrenalink.com.
ARTICLE 12. GOVERNING LAW - DISPUTE RESOLUTION - CONSUMER MEDIATION
These Terms and Conditions are governed by French law.
If the Website or these Terms and Conditions are translated into one or more foreign languages, only the French version shall be deemed authentic in the event of a dispute.
If you encounter any issues with an order, please contact KINETIK 's customer service department first to find an amicable solution.
The Customer may submit a complaint to customer service:
- by email at lfollowing l: hello@kinetikadrenalink.com;
- by phone at 07 49 03 26 93.
In accordance with Articles L.611-1 et seq. of the Consumer Code, the consumer-customer has the right to seek the assistance of a consumer mediator, free of charge, for the amicable resolution of a dispute with KINETIK .
The matter may be referred to a mediator only after the Customer has first submitted a written request to KINETIK , and provided that the dispute could not be resolved directly with customer service.
The request for mediation must be filed within a maximum of one (1) year from the date of the written complaint sent to KINETIK .
The consumer ombudsman with jurisdiction over KINETIK is:
CM2C - Consumer Mediation Center of Judicial Mediators
49 rue de Ponthieu
75008 Paris
Website: https://www.cm2c.net
The Customer may also use the European Online Dispute Resolution platform, available at lfollowing l:
https://ec.europa.eu/consumers/odr/
If an amicable resolution cannot be reached, the dispute may be brought before the competent French courts.
ARTICLE 13. CUSTOMIZED PRODUCTS AND THE CUSTOMER'S OBLIGATIONS
As part of the product customization process, the Customer may add one or mores as well as text. However, the Customer sto provide content that:
- Does not violate public lor morality;
- Does not infringe upon the lrights or privacy of others;
- Does not constitute a violation of the provisions of the Law of July 29, 1881, on freedom of the press (insults, defamation, etc.);
- Does not contain child pornography;
- Is not racist, sectarian, fascist, and/or xenophobic;
- Is not malicious, vulgar, obscene, and/or fraudulent;
- Does not contain private and/or personal data belonging to a third party;
- Does not encourage the consumption of lor tobacco;
- Does not infringe upon a third party’s intellectual property rights (trademark, copyright, design, or patent).
The Customer is expressly informed that any act of infringement is punishable by, among other penalties, three (3) years’ imprisonment and a fine of €300,000. The Customer is further reminded that in order to reproduce intellectual property, one must either be the rights holder or have obtained authorization.
KINETIK therefore reserves the right to request from the Customer any documentation proving their rights regarding the use and reproduction of any element protected by intellectual property rights. KINETIK reserves the right to reject any content if it contains, for example and without limitation, a trademark belonging to a third party, the name of a sports team, celebrities, or any content that violates the provisions of this article. The Customer will be notified of this as soon as possible via email at
. The Customer warrants to KINETIK , in any event, that they are the rightful owner of the rights and/or hold the necessary authorizations for the logos, texts, inscriptions, and, generally speaking, all elements and content provided by the Customer.
In the event of a claim or infringement proceeding brought against KINETIK due tocontent provided by the Customer, the Customer shall indemnify KINETIK againstany judgments that may be rendered against it.
The Customer agrees not to reproduce, copy, sell, resell, or exploit for any commercial purpose whatsoever all or part of the standard and/or customized products.
In accordance with Article L.221-28 of the Consumer Code, Products made to the Customer’s specifications or that are significantly personalized are not subject to the right of withdrawal.
This exclusion does not prevent the Customer from lhis or her rights under the statutory warranty of conformity or the warranty against hidden defects.
If the Customer chooses not to request a sample set or to follow the sizing recommendations provided, KINETIK shall not be held liable for any sizing error attributable to the Customer’s choice, subject to the application of statutory warranties.
Color reproduction may vary slightly between lscreen land lfabric, particularly in the case of sublimation printing. The Pantone references approved by the Customer serve as the color reference for production.
ARTICLE 14. CUSTOMER SERVICE
Our Customer Service team will assist you with any questions regarding orders placed through our Online Store. You can contact us by email, Monday through Friday from 9:00 a.m. to 5:00 p.m., l on holidays:
. You can also contact us by email at hello@kinetikadrenalink.com or by phone at 07 49 03 26 93.