Terms and Conditions
These General Terms and Conditions of Sale (hereinafter the “GTC”) are entered into by and between, on the one hand, KINETIK SPORT, 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, operating the website www.kinetikadrenalink.com (hereinafter the “Site”), and, on the other hand, by any natural or legal person 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 SPORT and the Customer, as well as the terms and conditions applicable to any purchase made through the Website.
These Terms and Conditions apply to the exclusion of all other terms and conditions, including 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, they are enforceable against the Customer in accordance with the provisions of Article 1119 of the Civil Code.
The Website enables Kinetik Sport to offer its products (hereinafter "the Products") in France and abroad.
Prior to any transaction, the Customer represents, on the one hand, that the purchase of Products on the Site is not directly related to their professional activity and is limited to strictly personal use, and, on the other hand, that they have full legal capacity, enabling them to enter into these Terms and Conditions. These Terms and Conditions govern the use of the Site and the services offered thereon, as well as any purchases made on the Site.
Kinetik Sport reserves the right to modify these Terms and Conditions at any time in order to comply with new regulations or to improve the user experience on its website. As such, 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 Sport reserves the right to modify the product collection 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 match the actual colors due to the effects of the web 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 the importation of 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 the partial or total cancellation of their order or a replacement.
The country of origin of 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 SPORT 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, they received these Terms and Conditions of Sale and all information listed in Article L. 221-5 of the French Consumer Code in a legible and understandable manner.
ARTICLE 4. PRICE
The prices listed on the product pages of the Website are in euros (€), inclusive of 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 SPORT 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 shown to the Customer before the order is finalized. The amount varies depending on the delivery address, the chosen carrier, and the total order amount.
For all deliveries within mainland France, standard shipping is free for orders of €100 or more (including tax).
For orders under €100 (including tax), shipping costs are charged as an additional fee and are disclosed to the Customer before the order is confirmed.
For deliveries outside mainland France—including to other European countries, the French overseas departments and territories (DROM-COM), or other countries worldwide—the applicable shipping costs are shown 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 costs charged by KINETIK SPORT. These costs 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 a birthday in the DD/MM format.
The Customer is solely responsible for keeping their password confidential and shall be solely liable for any unauthorized use of their password.
Before finalizing their order, the Customer must provide their first and last name, mailing address, and phone number, as this information is required for order processing, delivery, and invoicing.
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 at hello@kinetikadrenalink.com.
If the Customer is already registered, they will enter their username and password to log in.
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 has the right to cancel the purchase in accordance with the terms set forth in Section 7 of these Terms and Conditions.
Once the e-gift card has been used, even partially, the amount used cannot be refunded.
KINETIK SPORT 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 verifies all information, reads and accepts these Terms and Conditions by checking the corresponding box, 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 provider. Data relating to payment methods, including the credit card number, expiration date, authorization number, and security code, are collected directly by the payment service providers. KINETIK SPORT never has access to its Customers’ full payment details.
Once an order has been confirmed, the Customer will no longer be able to change the delivery address.
If the payment is accepted, the order is processed 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.). All 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 the corresponding option 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.
A commitment to pay made using a payment card is irrevocable. Orders placed on the Site imply that the Customer has all necessary authorization to use the payment methods provided.
In certain cases, such as non-payment, an incorrect address, or other issues with the Customer’s account, Kinetik Sport 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, acknowledgment that the Customer is fully aware of them, and a waiver of the right to invoke their own terms of purchase. All data provided and the recorded confirmation shall serve as proof of the transaction. Kinetik Sport will send the Customer an email confirmation of the order’s registration to the email address provided when the account was created.
The sale shall be considered final upon confirmation of the order's acceptance and receipt by the seller of the full purchase price.
If the Customer wishes to contact KINETIK SPORT, 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 Sport until full payment has been received.
The risk of loss or damage to the Products passes to the Customer—or a third party designated by the Customer—at the moment the Customer 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 Client has a period of fourteen (14) days from the receipt of their order to exercise their right of withdrawal, without having to state a reason for their 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 SPORT. To facilitate the processing of their request, the Customer is encouraged to submit their request via email.
The Customer may use the model withdrawal form available at the following address: https://entreprendre.service-public.fr/vosdroits/R38397. Use of this form is not mandatory.
If the Customer exercises the right of withdrawal, the Customer must return the relevant 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 liable for any depreciation 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 cannot be exercised for:
- Products made to the Client's specifications or clearly personalized;
- Sealed Products that cannot be returned for reasons of hygiene or health protection if they have been unsealed after delivery.
These exclusions do not prevent the Client from exercising their rights under the legal guarantee of conformity or the guarantee against hidden defects.
In the event of a valid withdrawal, KINETIK SPORT will refund the Client all sums paid, including initial standard delivery costs, without undue delay and no later than fourteen (14) days from the day KINETIK SPORT is informed of the Client's decision to withdraw.
KINETIK SPORT may defer the refund until the Product(s) have been recovered, or until the Client has provided proof of shipment of the Product(s), with the earlier of these events being the determining date.
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.
If the Product is exchanged for one 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 at the time of ordering, provided that this address is located within a delivery area covered by KINETIK SPORT.
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 SPORT 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 the option selected by the Customer when placing the order.
The delivery times listed on the Site are estimates based on the average delivery times typically observed, unless a specific delivery time is expressly communicated to the Customer at the time of ordering, particularly for pre-ordered Products.
KINETIK SPORT informs the Customer of the applicable delivery time before the order is confirmed.
In accordance with Article L.216-1 of the French Consumer Code, KINETIK SPORT will 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 SPORT will deliver the Product without undue delay and no later than thirty (30) days after the conclusion of the contract.
If the order includes one or more pre-ordered Products, the applicable delivery time takes into account the manufacturing or lead time indicated on the Product page or at the time of ordering.
If an order includes both in-stock Products and pre-order Products, KINETIK SPORT may ship the order in a single shipment once all Products are available, unless otherwise notified to the Customer.
In the event of a delay in delivery, the Customer may require KINETIK SPORT to make the delivery within a reasonable additional period. If KINETIK SPORT fails to do so within that period, the Customer may terminate the contract in accordance with the provisions of the Consumer Code.
In the event that the contract is terminated due to a delay in delivery, KINETIK SPORT will refund the Customer in accordance with the provisions of 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 SPORT, takes physical possession of the Products.
Customers are asked to inspect the condition of 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 SPORT are covered by the statutory warranty of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code, as well as the statutory warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
These warranties apply regardless of any commercial warranties that may be provided by KINETIK SPORT.
9.1. Statutory Warranty of Conformity
In accordance with Articles L.217-3 et seq. of the French Consumer Code, KINETIK SPORT is liable for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two (2) years of such delivery.
Under the legal warranty of conformity, the consumer Customer:
- has a period of two (2) years from the 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 the existence of 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 applies at no cost to the consumer.
9.2. Legal Warranty Against Hidden Defects
In accordance with Articles 1641 et seq. of the Civil Code, KINETIK SPORT is liable 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 a lower price for it, had they been aware of such defects.
The Customer may decide to invoke the warranty against hidden defects. In such a case, the Customer may choose between rescission of the sale or a price reduction, in accordance with Article 1644 of the Civil Code.
9.3. Procedures for Enforcing the Warranties
For any inquiries regarding legal warranties, the Customer may contact customer service at the following address: 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 for the request to be reviewed, the Customer is asked to contact customer service in advance to obtain the return instructions.
In the event of a confirmed non-conformity or a recognized hidden defect, reasonable return costs are covered by KINETIK SPORT.
9.4. Liability
KINETIK SPORT 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 SPORT shall not be held liable for any failure to perform or improper performance of the contract where such failure or improper performance 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 SPORT’s obligations may be suspended for the duration of such event.
KINETIK SPORT 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.
AAppendix to Article D.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 the existence of the lack of conformity, not the date on which it arose. Where 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 the existence 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 any updates necessary to ensure that the item remains in conformity. The legal 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 legal 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 extended 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) Repairing or replacing the item causes significant inconvenience to the consumer, particularly when the consumer is permanently responsible for the costs of returning or picking up the nonconforming item, or if the consumer is responsible for the costs of installing the repaired or replacement item; (4) The property remains non-conforming 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 that the goods be repaired or replaced. The consumer is not entitled to cancel 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 legal guarantee 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 turnover (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 Sport is the owner of the domain name kinetikadrenalink.com. The Site is an intellectual work 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 graphic elements, including the organization and titling of sections) are the exclusive property of Kinetik Sport. Any use, reproduction, or modification—even partial—of these elements is prohibited without the prior written authorization of Kinetik Sport.
ARTICLE 11. PERSONAL DATA
The Customer is informed and agrees that their personal data may be collected on the Website and used by Kinetik Sport, 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 Sport 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 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 using their account (name, mailing address, phone number, email address).
Customers' personal data is collected for the following purposes:
- managing orders and customer relations,
- providing customers with information about offers and commercial updates related to the brands,
- Strengthening and improving website and brand communication by sending, in particular, newsletters and special offers based on the Customer’s preferences as observed on the Site,
- Improving and personalizing the services offered to Customers,
- Complying with legal and regulatory obligations.
Kinetik Sport is committed to protecting the confidentiality of any information provided by the Customer in connection with the use of certain services. All such information is subject to the provisions of Law No. 78-17 of January 6, 1978.
As such, users have the right to access, modify, and delete their personal information. 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 SPORT’s customer service department first to try to reach an amicable resolution.
Customers may submit their complaints to customer service:
- by email at the following address: 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 any dispute with KINETIK SPORT.
The mediation process may only be initiated after the Customer has first submitted a written request to KINETIK SPORT, and provided that the dispute could not be resolved directly with customer service.
The request for mediation must be filed within one (1) year of the written complaint being sent to KINETIK SPORT.
The consumer mediator for KINETIK SPORT 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 the following address:
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 CUSTOMER OBLIGATIONS
As part of the product customization process, the Customer may add one or more logos as well as text. However, the Customer agrees to provide content that:
- Does not violate public order or morality;
- Does not infringe upon the image rights or privacy of others;
- Does not constitute a violation of the provisions of the Law of July 29, 1881, on freedom of the press (insult, defamation, etc.);
- Does not contain pornographic content involving a minor;
- Is not racist, sectarian, fascist, and/or xenophobic;
- Is not malicious, vulgar, obscene, and/or fraudulent;
- Does not contain private and/or personal data of a third party;
- Does not encourage the consumption of alcohol or tobacco;
- Does not infringe upon a third party’s intellectual property rights (trademark, copyright, design, patent).
The Customer is expressly informed that any act of infringement is punishable by up to 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 SPORT therefore reserves the right to request from the Customer any documentation proving their rights regarding the use and reproduction of an element protected by intellectual property rights. KINETIK SPORT reserves the right to refuse any content if it contains, for example and without this list being exhaustive, 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.
The Customer guarantees, in any event, to KINETIK SPORT that they are the rightful owner of the rights and/or hold the necessary authorizations for the logos, texts, inscriptions, and generally all elements and content provided by them.
In the event of a claim or infringement proceedings brought against KINETIK SPORTdue tocontent provided by the Customer, the Customer shall indemnify KINETIK SPORTagainstany 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 exercising their 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 SPORT shall not be held liable for any sizing error resulting from the Customer’s choice, subject to the application of statutory warranties.
Color reproduction may vary slightly between the screen display and the printed fabric, 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 is available to assist you with any questions regarding orders placed through our Online Store. You can contact us by email, Monday through Friday from 9:00 AM to 5:00 PM, excluding holidays:
. You can also reach us by email at hello@kinetikadrenalink.com or by phone at 07 49 03 26 93.