Privacy, Legal, T&C

KOCHÉ WEBSITE PRIVACY POLICY

INFORMATION ON THE PROCESSING OF PERSONAL DATA IN ACCORDANCE WITH ARTICLES 13 AND 14 OF REGULATION 679/2016 ("GDPR")

Your privacy is very important so please read this policy carefully.

To be complete and transparent, we wish to inform you about the processing that the companies identified in paragraph 1 below, may carry out on your personal data provided by you and/or collected during the several contacts you may have with us, for example:

  • by visiting www.koche.fr (hereinafter the "Website") and/or other websites related to the brand over time, interacting with our pages on the network (e.g. Facebook, Twitter, Instagram, etc.);
  • by contacting our Customer Service.
  1. WHO COLLECTS YOUR PERSONAL DATA

The companies that collect and process personal data as independent data controllers (hereinafter referred to as the "Data Controllers" or the "Companies") or as Joint Controllers are:

- OTB S.p.A. ("OTB"), with registered office in Italy, Breganze (Vi), Via dell'Industria 2, 36042, telephone +390445306555 email privacy@otb.net ; Data Protection Officer ("DPO") of OTB can be contacted at dpo@otb.net.

- Staff International S.p.A. ("Staff"), based in Italy, Noventa Vicentina (Vi), Via del Progresso 10, 36025, telephone +390444784500, email customer_privacy@staffinternational.com ; Data Protection Officer ("DPO") of Staff can be contacted at dpo@otb.net.

OTB and Staff carry out some activities under an arrangement, share the choices on the purposes and methods of data processing. Below, the term "Joint Controllers" means OTB and Staff jointly considered when they process data under a joint control system. In order to facilitate your understanding of the processing carried out by the above mentioned subjects as Data Controllers or Joint Controllers, OTB and Staff shall be considered jointly when they process personal data under a joint control system.  

In order to facilitate your understanding of the processing carried out by the above-mentioned subjects as Data Controllers or Joint Controllers, we have prepared this unique document in which we explain in a simple way which processing is carried out individually by each company.  

  1. WHAT PERSONAL DATA WE PROCESS

Each Company collects different categories of personal data based on the purpose for which it will process them.

Below we specify which categories of personal data are collected; in the following paragraph we will explain to you for which purposes each category of data is processed by each Data Controller or by the Joint Controller depending on the case (hereinafter also referred to as "Personal Data" if processed jointly).

- Identification Data: first name, middle name, last name, date of birth, gender;

- Contact Data: address (street, city, province, state, CAP/ZIP CODE) of residence, domicile or secondary domicile, email address, phone number, mobile number;

- Sales Data: shipping and billing address, delivery and payment method, credit card holder's name and expiry date, information asked to customer service, VAT number and/or tax code, passport number and Global Blue card number;

- Purchase Data: details of products purchased online (e.g. size, price, discount, model, collection, etc.) calculated shopping level, shopping cart abandoned;

Experience satisfaction data, tracking of newsletters and actions.

- Navigation Data: data relating to the browsing and/or use behaviour held on Data Controller’s websites by using, for example, cookies or information relating to the pages that have been visited or searched for or relating to wishlist collected during browsing or when making purchases on the online store. With regard to the use of cookies, please see the Cookie Policy available at https://shop.koche.fr/pages/privacy-legal-terms.

  1. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA

In this paragraph we explain to you for what purpose each category of data is processed by each Data Controller.

3.1 PURPOSES OF STAFF

Staff is an OTB Group company that sells and promotes Kochè brand products and manages the Website. It is this company that keeps the relationship with you whenever you decide to purchase products on this Website, if you join initiatives promoted by the company such as prize competitions or other promotional initiatives. Staff may process Personal Data for the following purposes

  1. Sales activities and feedback to other customers' queries

If you purchase Kochè brand products using the e-commerce service on the Website, Staff will process your Identification Data, Contact Data and Sales Data to finalize the sale, as well as for all activities strictly associated and related to it, such as delivery management or other administrative and accounting fulfilments.

Likewise, Staff may need to verify the requirements to take part in special discount programs (for example, by checking whether the purchase constitutes a first purchase or by checking any other requirements set forth in the regulations applicable from time to time) and process its Identification Data or Contact Data to respond to any further requests you may make on the Website or via Customer Service, by telephone or via chat, such as information or assistance requests.

Legal basis: processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; the provision of the personal data listed above is necessary for this purpose, as otherwise Staff will not be able to process your request.  

  1. Marketing

Only with your consent, Staff may process Identification Data and Contact Data for marketing purposes, i.e. for advertising activities on social networks to which you are registered or sending advertising content or for direct sales, conducting market research, commercial communication with automated contact methods (e-mail by sending newsletters, SMS, MMS, online messaging platforms, etc.) and traditional (paper mail).

Legal basis: this processing is based on your consent. 

You may at any time withdraw your consent to the receipt by clicking on the relevant section in each email you receive, as well as by writing to customer_privacy@staffinternational.com, or otherwise by contacting the company at the addresses indicated in paragraph 1.

3.2 PURPOSES OF JOINT CONTROLLERS (STAFF AND OTB)

Staff and OTB, act as Joint Controllers on the basis of a specific arrangement for the following specific purposes

  1. Profiling activities

Subject to your consent, the Joint Controllers may process Identification Data, Contact Data, Sales Data, Purchase Data and Navigation Data for profiling purposes, i.e. for analysis of your customer choices consisting of automated processing of such data. The purpose of this processing is to analytically learn about or predict your purchase preferences also in order to create customer profiles, so as to tailor the sales offer so that it is more in line with your preferences.

Legal basis: this processing is based on your consent.

You may at any time withdraw your consent to be profiled by writing to customer_privacy@staffinternational.com, or otherwise by contacting the Joint Controllers at the addresses indicated in paragraph 1.

3.3 PURPOSES OF DATA CONTROLLER OR JOINT CONTROLLERS

Finally, each Data Controller or Joint Controller may need to comply with the specific rules of law to which it is subject or to defend its rights in legal proceedings.

  1. Purposes related to obligations provided for by laws, regulations or EU legislation, by provisions/requests of authorities entitled to do so by law and/or by supervisory and control bodies

Each Data Controller or Joint Controller may process your Personal Data in order to fulfil the obligations to which the same is bound.

Legal basis:  compliance with a legal obligation to which the Data Controller or Joint Controller is subject;

The provision of data for this purpose is mandatory because in failing to do so, the Data Controller or Joint Controller will be unable to fulfil its legal obligations. 

  1. Defence of rights in court, administrative or out-of-court proceedings and in disputes arising in connection with the services offered

Your Personal Data may be processed by each Data Controller or Joint Controller to defend their rights or take legal action or even make claims against them or third parties, including the prevention of fraud.

Legal basis: this processing is based on the legitimate interest of the Data Controller or Joint Controller to defend their rights.

  1. WHAT PROCESSING WE DO IF YOU NAVIGATE WITHOUT BEING LOGGED IN

The Shop Area of the Site is managed and controlled by Staff and this paragraph is referred to that Area of the Site. You can browse the Website without having to actively communicate your personal data if you are not logged in. In this case, browsing the Website will remain anonymous, unless you freely decide to communicate your data in order to communicate with one of the Data Controllers or Joint Controllers for one of the purposes described in paragraph 2.

In the event of anonymous browsing, please note that the computer systems and software procedures used to operate the Website collect, during their normal operation, some data whose transmission is implicit in the use of Internet communication protocols.

This information is not directly associated with identified users, but by its very nature could, by means of processing and association with data held by third parties, allow such users to be identified.

This category of data includes IP addresses or domain names of the computers used by users who connect to the Website, URI (Uniform Resource Identifier) addresses of the resources requested, information about access, information about the location, the method used to submit the request to the server, the size of the file obtained in response, the numerical code indicating the status of the response given by the server (successful, error, etc.. ) information about the user's visit including the clickstream data of the URL, within and from the Website, the duration of the visit on certain pages and the interaction on those pages and other parameters related to the user's operating system and computer environment.

This data is collected using "cookies". We specifically use browser cookies for a range of purposes, including cookies that are strictly necessary for the functioning of the Website and for the use of the services offered by the Website features, and cookies that are used for customization, performance/analysis and advertising activities. Our Cookie Policy available [https://shop.koche.fr/pages/privacy-legal-terms] has more information about the use of cookies on the Website and the settings to accept or reject them.

Data collected while browsing the Website will be processed in order (i) to manage the Website and to fix any operating problems, (ii) to ensure that the content of the Website is displayed in the most effective way for your devices, developing, testing and making enhancements to the Website (iii) as far as possible, to keep the Website safe and secure, (iv) to extract anonymous statistical information on Website use and to check its proper functioning, (v) to identify malfunctions and/or misuse of the Website. Data may also be used to assess responsibilities in the event of alleged computer crimes against the Website or third parties and may be presented before judicial authorities, if the latter expressly requests it.

  1. WHAT HAPPENS IF YOU DO NOT PROVIDE US WITH PERSONAL DATA

Certain Personal Data that we will indicate from time to time during the registration or purchase process are necessary to conclude the purchase contract and to pursue administrative-accounting purposes.

In the description of the purposes in paragraph 3, we have specified when it is necessary to provide Personal Data. Unless expressly indicated as mandatory, the provision of Personal Data is optional and there will be no consequences if you do not consider it necessary to provide it to us, other than the fact that it is impossible for the Data Controller or Joint Controller to act as described (for example, it would be impossible to proceed with marketing activities).

  1. HOW WE WILL PROCESS PERSONAL DATA AND FOR HOW LONG

The Personal Data provided and/or collected are processed and stored with the support of automated tools and, in some cases, may be processed and stored on hard copy. In particular, Personal Data processed for marketing and profiling purposes will be entered and stored in CRM systems that enable the processing of Personal Data for such purposes.

Personal Data will also be stored for the time necessary to fulfil the purpose for which it was collected. In particular, the following rules will be applied.

  • data collected to enter into and execute contracts for product purchases on the Website, including payments: until the fulfilment of administrative and accounting requirements. Invoicing data will be stored for ten years from the date of invoicing;
  • data related to data subject's requests: data will be stored until the request is satisfied;
  • where consent has been given, data processed for marketing and profiling purposes will be stored for a period of 7 years (also according to an ad hoc provision provided for by the Italian Supervisory Authority, upon Staff request) unless you revoke your consent. In this case, upon withdrawal of your consent, we will delate your data.

In any case, due to technical reasons, the processing of Personal Data and the consequent definitive deletion or irreversible anonymisation of the related Personal Data will be permanent within thirty days from the abovementioned terms. With particular reference to the judicial defence of our rights or in the event of any request by the competent authorities, the processed data will be stored for the time necessary to carry out the request or to pursue the protection of our rights.

  1. WHERE PERSONAL DATA CAN BE TRANSFERRED

For the purposes set out above, we may transfer your data to third countries outside the European Union, which may not ensure the same level of data protection. Such transfer to third countries will always take place in accordance with the provisions of GDPR, i.e. by collecting your consent, when necessary, or by taking any other measures necessary to ensure the protection of the data being transferred. These measures include possible contractual agreements based on so-called standard contractual clauses as developed by the European Commission. You can ask for information regarding these third countries using the following email customer_privacy@staffinternational.com or the contact details indicated in paragraph 1.

  1. WHO WILL PROCESS PERSONAL DATA

Personal Data will be processed by:

  • employees and collaborators of the Data Controllers or Joint Controllers designated as authorized to process data;
  • third parties established in the European Union and also outside the European Union, Data Processors, which the Data Controller or Joint Controllers rely on, in particular for acquisition and data entry services of Personal Data, shipping, mailing advertising content, after-sales assistance and customer service, market research, management and maintenance of the CRM systems through which the Data Controller or Joint Controllers carry out the processing activities for marketing and profiling purposes and the other corporate information systems of the Data Controller or Joint Controllers. The full list of the Data Processors appointed by the Data Controllers may be consulted by writing to the following email address privacy@diesel.com or to the postal addresses listed above.

Personal Data may also be communicated to third parties, independent data controllers, in particular to freelance professionals or companies that provide legal or tax advice and assistance and to companies that handle payments made with debit or credit cards or for fraud prevention and management activities. Personal Data will not be disclosed in any way. In the event you give your consent, your Personal Data may be communicated to Christelle Kocher EURL ((owner of the Kochè brand) for its marketing activities as autonomous data controller.

  1. YOUR RIGHTS

Under Chapter III of Regulation (EU) 2016/679, you have the right to ask each Data Controller or Joint Controller:

  • to access to your personal data,
  • for the copy of the personal data that you have provided to us (so-called portability),
  • for the rectification of data in that we hold,
  • for the deletion of any data for which we no longer have any legal basis for processing,
  • for the limitation of the way in which we process your personal data, within the limits of the data protection regulations.

Right of object: in addition to the rights listed above, you have the right to object at any time to the processing of your data carried out by the Data Controller or Joint Controller for the pursuit of your legitimate interest.  You have the right to object to direct marketing, which includes profiling. If you prefer your Personal Data to be processed only using standard contact methods, you may object to the processing of your Personal Data via automated contact methods.

You also have the right to withdraw, in whole or in part, the processing of Personal Data regarding you for the purpose of sending advertising contents or direct sales or for carrying out market research or commercial communication by means of both automated (e-mail, alternative systems of remote communication via communication networks such as, for example: sms, mms, online messaging platforms) and standard (paper mail).

Exercising these rights, which can be done by using the contact details indicated in paragraph 1, is not subject to formal restrictions. In the event that you exercise any of the aforementioned rights, it will be a responsibility of the Data Controller or Joint Controller to whom you have exercised your rights, to verify that you are entitled to exercise them and to give you feedback, generally within one month.

With reference to the Joint Controller relationship, please note that OTB and Staff have concluded a specific arrangement pursuant to art. 26 of the GDPR, whose abstract is available for consultation by contacting each of the two joint controllers at the addresses indicated in paragraph 1.

If you believe that the processing of your Personal Data is in breach of the provisions set forth by GDPR, you have the right to lodge a complaint with the Supervisory Authority or to take appropriate legal action.

In order to exercise your rights, you may address a request to the Data Controller or Joint Controller by contacting the addresses indicated in paragraph 1. The Data Protection Officer of OTB can be contacted at the email address dpo@otb.net. The Data Protection Officer of Staff can be contacted at dpo@otb.net.

LAST UPDATE JULY 2020

 

COOKIE POLICY

The website https://shop.koche.fr/ (hereinafter the "Website") uses cookies. Cookies are text strings created by a server and stored on the hard disk of the computer or on any device used by the user to access the Internet (smartphone, tablet, etc.) and then re-transmitted to user's subsequent access to the Internet.

Cookies allow the collection of information about user's navigation on the Website, for example to remember your language preferences or the currency used for a purchase, and to suggest them on your next visit so as to facilitate your use of the Website.

Cookies can be stored permanently on your computer and last for a variable amount of time (so-called persistent cookies), but they can also disappear when you close your browser or they can have a limited duration (so-called session cookies).

Cookies can be installed by the Website you are visiting (so-called first-party cookies) or can be installed by other websites (so-called third-party cookies).

The Website uses first party cookies, third party cookies and other similar technologies, as better described below.

NAVIGATION AND FUNCTIONALITY COOKIES

The Site uses first-party, session and persistent cookies to enable you to navigate and use the site safely and effectively and to enhance the services provided by the Website.

These cookies allow the detection of selected language and of the country from which you visit the Website. By recognizing you when you visit the Website again, these technical cookies prevent you from being required to enter your data each time. For example, if you have selected items to purchase in your shopping bag but you do not complete your purchase, you can continue and finalise it the next time you visit the Website. Lastly, functionality cookies optimize your browsing experience.

ANALYTICS COOKIES

The Website uses Google Analytics cookies to collect information about users' use of the Website.

Google Analytics settings include the sharing of data with Google in order to use the following services: i) Benchmarking, i.e. participation in the collection of anonymous data that helps to better understand data trends, ii) Technical support, to enable Google to provide assistance, and iii) Account experts, in order to enable Google marketing experts to provide suggestions for better configuration and analysis.

For more details and information you can visit the provider's page here https://support.google.com/analytics/answer/1011397.

By default, analytics cookies will use the full IP address of website users to provide general geographic data in reports.

You can disable Google Analytics cookies by downloading a specific browser plug-in here: https://tools.google.com/dlpage/gaoptout.

SOCIAL COOKIES

The Website uses third party cookies that allow users to interact with social networks (Facebook, Twitter, etc.) and in particular to share Website content through these social networks.

PROFILING COOKIES

The Website uses profiling cookies to record your preferences during each visit and create profiles that allow us to send messages that are more tailored to user preferences and interests, for example, allowing you to view more quickly the products you are looking for or to offer you the most similar item. This Website also allows the use of third party profiling cookies that are used to display our marketing offers even when you visit other sites (retargeting).

The features of the cookies used on the Site are described in the following table:

COOKIE NAME  COOKIE DESCRIPTION DURATION TYPE
crumb This cookie is set by websites that uses SquareSpace platform. The cookie is used to prevent cross-site request forgery (CSRF). Session Necessary
__cfduid The cookie is set by CloudFare. The cookie is used to identify individual clients behind a shared IP address and apply security settings on a per-client basis. It does not correspond to any user ID in the web application and does not store any personally identifiable information. 4 weeks Necessary
_y This cookie is associated with Shopify's analytics suite. 1 year Analytics
cart_currency This cookie is used to store visitor’s preferred cart currency. 2 weeks Functionality
on_ok This cookie is used to detect whether the cookie bar has been closed or not. 1 week Technical
_orig_referrer This cookie is set by website built on Shopify platform and is used in association with shopping cart. 2 weeks Necessary
secure_customer_sig This cookies is set by websites built on Shopify platform and is used in connection with customer login. 20 years Necessary
_secure_session_id This cookies is set by websites built on Shopify platform and is used in connection with customer login. 1 day Necessary
_shopify_y This cookie is associated with Shopify's analytics suite. 1 year Analytics
_landing_page This cookie is set by website built on Shopify platform and is used to track landing pages. 2 weeks Analytics
_s This cookie is associated with Shopify's analytics suite. 30 minutes Analytics
_shopify_s This cookie is associated with Shopify's analytics suite. 30 minutes Analytics
_shopify_fs This cookie is associated with Shopify's analytics suite. 1 year Analytics
_shopify_sa_t This cookie is set by Shopify and is used for analytics relating marketing and referrals. 30 minutes Analytics
_shopify_sa_p This cookie is set by Shopify and is used for analytics relating marketing and referrals. 30 minutes Analytics
_ga This cookie is installed by Google Analytics. The cookie is used to calculate visitor, session, campaign data and keep track of site usage for the site's analytics report. The cookies store information anonymously and assign a randomly generated number to identify unique visitors.  years Analytics
_gid This cookie is installed by Google Analytics. The cookie is used to store information of how visitors use a website and helps in creating an analytics report of how the wbsite is doing. The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form. 1 day Analytics
_gat This cookies is installed by Google Universal Analytics to throttle the request rate to limit the colllection of data on high traffic sites. 1 minute Functionality
_fbp This cookie is set by Facebook to deliver advertisement when they are on Facebook or a digital platform powered by Facebook advertising after visiting this website. 2 months Advertisement
fr The cookie is set by Facebook to show relevant advertisments to the users and measure and improve the advertisements. The cookie also tracks the behavior of the user across the web on sites that have Facebook pixel or Facebook social plugin. 2 months Advertisement
test_cookie This cookie is set by doubleclick.net. The purpose of the cookie is to determine if the users' browser supports cookies. 15 minutes Advertisement
kochefr_bag This cookie is set to store and share shopping cart contents between the technical platforms used by the Koché website. 4 weeks Functionality
  


YOUR RIGHT TO OBJECT OR OPT-OUT COOKIES

Upon visiting any page of the Site, there is a banner that contains a brief privacy policy. By closing the banner or navigating further, by accessing another area of the Website or selecting an element of the Website (for example, an image or link), you consent to the use of cookies. Consent to the use of cookies is recorded with a "technical cookie". You can find out the information and how to deactivate third party cookies by clicking on the links in the "More information" column of the table listing cookies.

You can object the cookie storage on your hard disk by setting your browser to deactivate cookies. Below you can find the methods available in the main browsers:

Internet Explorer > http://windows.microsoft.com/it-it/windows7/how-to-manage-cookies-in-internet-explorer-9

Chrome > https://support.google.com/chrome/answer/95647?hl=it

Firefox > https://support.mozilla.org/it/kb/Gestione%20dei%20cookie

Safari > http://support.apple.com/kb/HT1677?viewlocale=it_IT

After this operation, however, some web page features may not be executed correctly.

For more information about cookies and for managing your preferences on third party profiling cookies please visit http://www.youronlinechoices.com. Once on the site, by entering "Your Choices" area, you can view a list of third party companies, our partners, that install cookies on our site (Company), check the existence and activity status of the installed cookie (Status) and manage your consent selectively (On/Off). By expanding the dedicated section (Info) to each company you can have access to more information about the company and reach the specific privacy and cookie policy via link.

THE DATA COLLECTED USING COOKIES ARE PROCESSED BY

- Staff International S.p.A., based in Italy, Noventa Vicentina (VI), Via del Progresso 10, 36025, telephone +390444784500, for sales, marketing and profiling purposes, contact: customer_privacy@staffinternational.com.

YOUR RIGHT TO OPT-OUT OR DENY COOKIES

Upon visiting any page of the Site, there is a banner that contains a brief privacy policy. By closing the banner or navigating further, by accessing another area of the Website or selecting an element of the Website (for example, an image or link), you consent to the use of cookies. Consent to the use of cookies is recorded with a "technical cookie". You can find out the information and how to deactivate third party cookies by clicking on the links in the "More information" column of the table listing cookies.

You can opt out of the cookie storage on your hard disk by setting your browser to deactivate cookies. Below you can find the methods available in the main browsers:

Internet Explorer > http://windows.microsoft.com/it-it/windows7/how-to-manage-cookies-in-internet-explorer-9

Chrome > https://support.google.com/chrome/answer/95647?hl=it

Firefox > https://support.mozilla.org/it/kb/Gestione%20dei%20cookie

Safari > http://support.apple.com/kb/HT1677?viewlocale=it_IT

After this operation, however, some web page features may not be executed correctly.

For more information about cookies and for managing your preferences on third party profiling cookies please visit http://www.youronlinechoices.com. Once on the site, by entering "Your Choices" area, you can view a list of third party companies, our partners, that install cookies on our site (Company), check the existence and activity status of the installed cookie (Status) and manage your consent selectively (On/Off). By expanding the dedicated section (Info) to each company you can have access to more information about the company and reach the specific privacy and cookie policy via link.

THE DATA COLLECTED USING COOKIES ARE PROCESSED BY

- Staff International S.p.A., based in Italy, Noventa Vicentina (VI), Via del Progresso 10, 36025, telephone +390444784500, for sales, marketing and profiling purposes, contact: customer_privacy@staffinternational.com.

The data will be processed by employees and partners of the Data Controllers, as persons in charge of processing and Data Processors.

Such data may also be processed by trusted companies that perform tasks of a technical and organizational nature on our behalf. These companies are our direct partners and act as Data Processors.

A complete and updated list of the Data Processors appointed by the Data Controllers can be found by contacting them at the addresses listed above or by email at customer_privacy@staffinternational.com.

For the purposes indicated above, we may transfer your data to third countries, non-EU countries, which may not ensure the same level of data protection. Such transfer to third countries will always take place in accordance with the provisions of GDPR, i.e. by collecting your consent, when necessary, or by taking any other measures necessary to ensure the security of the data being transferred. These measures include possible contractual agreements based on so-called standard contractual clauses as drafted by the European Commission.

 The data collected using cookies will not be disclosed.

YOUR RIGHTS

In accordance with Chapter III of Regulation (EU) 2016/679, you are entitled to ask each Data Controller or Joint Controller:

access to your personal data, the copy of personal data that you have provided us with (so-called portability),

the rectification of the data in our possession,

the deletion of any data for which we no longer have any legal basis for processing,

the limitation of the way in which we process your personal data, within the limits of the data protection regulations.

Right to object: in addition to the rights listed above, you have the right to object at any time the processing of your data carried out by the Data Controller or Joint Controller for the pursuit of your legitimate interest.

You also have the right to withdraw, in whole or in part, your consent to the processing of Personal Data concerning you for the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication carried out by means of both automated (electronic mail, other remote communication systems through communication networks such as, for example: sms, mms, online messaging platforms) and standard (paper mail).

If you prefer the processing of your Personal Data to be carried out only through standard contact methods, you may object to the processing of your Personal Data through automated contact methods.

The exercise of these rights, which may be made through the contact details specified in paragraph 1, shall not be subject to any formal constraints. Should you exercise any of the aforementioned rights, it shall be the responsibility of the Data Controller or Joint Controller to whom you have acted, to ascertain that you are entitled to exercise it and to give feedback, as a rule, within one month.

With reference to the Joint Controller's relationship, please note that OTB and Staff have concluded a specific agreement pursuant to art. 26 of GDPR, whose extract is available for consultation by contacting each of the two joint controllers at the addresses indicated in paragraph 1.

If you believe that the processing of Personal Data referred to you is in breach of the provisions of GDPR, you are entitled to lodge a complaint with the Supervisory Authority or to take appropriate legal action.

In order to exercise your rights, you may address a request to the Data Controller or Joint Controller by writing to the addresses indicated in paragraph 1. The Data Protection Officer of OTB can be contacted at the email address dpo@otb.net. The Data Protection Officer can be contacted at dpo@otb.net.

 

TERMS AND CONDITIONS

The offer and sale of the products bearing the trademark “KOCHÈ” on the website https://shop.koche.fr   (respectively the “Products”, the “Trademark” and the “Site”) are governed by the following terms and conditions of sale (hereinafter called the “Terms and Conditions of Sale”).

The Products purchased on the Site are sold directly by the Italian company Staff International S.p.a. with registered office at 36026 Noventa Vicentina (VI), Via Del Progresso 10, VAT. N.  00482290244 (hereinafter the “Seller”).

Requests of information about Orders, shipments, reimbursement and return of the Products, etc. can be submitted either through the Seller’s customer care area on the Site (https://shop.koche.fr/pages/contact) and by sending an e-mail to the following address: kocheonline@staffinternational.com .

For further legal information the user is encouraged to refer to the sections of the Site relevant t each specific request.

These Terms and Conditions of Sale are completed by the Privacy Policy and Cookies, and the information on the right to return (hereinafter “Return Policy”) which the user is kindly invited to read before submitting any Order.

1 - PURPOSE AND BUSINESS POLICY OF THE SELLER

    1.1 The purpose of these Terms and Conditions of Sale is to inform any potential Buyer of the terms and conditions under which the Seller sells and delivers the Products as well as to define the rights and obligations of the Parties in relation thereto. 

    1.2 The offer of the Products on the Site is for final consumer only (the “Buyer”). The term consumer shall mean any individual who is acting for purposes of the everyday life which are outside his/her trade, business or profession.

    By submitting any order, the Buyer declares that the purchase of Products does not have any direct relationship with a business activity and is limited to strictly personal use.

    1.3 If the user, potential Buyer, does not fall under the legal definition of Consumer, but, on the contrary, can be qualified as a professional, and therefore does not act as defined in paragraph above, the same is advise to refrain from entering into commercial transactions on the Site. Provided the above, the Seller reserves itself the right not to process Orders from user other than Consumers and / or, however, any other Order which does not comply with its trade policy and/or is not in line with the provisions hereinafter.

    1.4 These Terms and Conditions of Sale (together with any other documents referred to herein) regulate the offer, transmission and acceptance of purchase Orders of the Products submitted on the Site by the Buyer exclusively and thus regulate the relationship between each Buyer and the Seller.

    1.5 For shake of clarity, these Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties other than the Seller who is given visibility on the Site through links, banner or other hypertext links. Before submitting orders and purchasing products and services from these third parties, we recommend to carefully verify the terms and conditions of sale of the latter since the Seller shall under no circumstances be deemed liable for the supply or services and /or sale of products provided by third parties and/or, in general for the execution of e-commerce between the users of the Site and third parties.

    2 - BASIS OF AGREEMENT AND PLACING OF ORDERS

    2.1 Orders can be submitted only by users aged 18 years, or more, who are not in conditions of legal incapacity.

    In order to conclude the purchase contract of one or more Products (the “Contract”), the Buyer shall firstly include the selected Product in the “Shopping Bag” by clicking on the relevant button and then proceed by filling out the online order form, which shall be displayed by the Buyer immediately before the conclusion of the Contract (the “Order”), and by forwarding it electronically to the Seller, following the instructions that will be reported in the different phases of the purchase process.

    2.2 Before proceeding with the purchase of the Products, through the submission of the Order, the Buyer will be asked to carefully read all the information provided during the purchase process (also with regard to the delivery charges, the statutory consumer rights and the privacy policy statement), the Terms and Conditions of Sale and the clause relating to the right of return as per Return Policy.

    Furthermore, the Buyer will be presented with a list of the commercial and contractual conditions proposed by the Seller for the sale of the Products which contain a cross reference to the Terms and Conditions of Sale together with a summary of the following information: main characteristics of each Product – object of the Orders – with an indication of the selling price (inclusive of all applicable taxes and fees); methods of payment which the Buyer may use; methods of delivery of the Products; methods of processing and handling of complaints by the Seller; shipping costs and delivery of the Products; references and geographical address and e-mail of the Seller; the date by which the Seller agrees to deliver the Products.

    The Seller shall also provide to the Buyer a summary of conditions and procedures for exercising the right of return, as well as the manner and the time frame for returning the purchased Products. The Buyer will also be informed of the circumstances in which the same can exercise its right to terminate the Contract. In any case, the Buyer is reminded of the existence of the legal guarantee of conformity of the Products and the post-sales customer service contact will be provided, in addition to the possibility of using the conciliation, independent and institutional service, which is termed "RisolviOnline", provided by the Chamber of Arbitration of the Chamber of Commerce of Milan (MI).

    When submitting the Order, the Buyer will be notified that such submission implies the obligation to pay the price quoted. Before submitting the Order, the Buyer will be required to identify and correct any errors related to personal details.

    The Buyer is informed that all communications connected to the Order are sent to the e-mail address given by the Buyer. Thus, if there is an error in the e-mail address or the Order confirmation message is not received, the Seller cannot be held liable.

    2.3 English is the language used for entering and executing Contracts with the Seller.

    2.4 Sending of the Order constitutes an offer with respect to the selected Products, regulated under these Terms and Conditions of Sale and binding for the Client; in light of the above, by placing an Order, the Buyer expressly and unconditionally accepts these Terms and Conditions of Sale (in particular, the fact that the Order implies an obligation of payment, and the prices, volumes, characteristics, quantities and delivery times of the products proposed for sale and ordered by the Buyer) and agrees to observe them during its relationship with the Seller.

    If Buyer does not agree with any of the terms in these Terms and Conditions of Sale, it is asked to refrain from forwarding the Order.

    Besides, by transmitting the Order, the Buyer expresses its acknowledgment and acceptance any further information of any kind contained on the Site even if referred to through links, by the way of example:, these Terms and Conditions of Sale, the Privacy Policy and Cookies and the information on the right of return as per the Return Policy.

    2.5 Once received by the Seller, the Order will be filed in the Seller’s database for the time required to process the Orders and, in any case, always in accordance with the Privacy Policy and Cookies in force at the time of the Order. The Buyer may access the Order, referring to "My order” section.

    2.6 The Contract between the Seller and the Buyer is deemed to be concluded upon receipt by the Buyer, through electronic e-mail, of a confirmation receipt of the Order, which will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, and a copy of these Terms and Conditions of Sale, and a summary on the right of return.

    The Seller recommends that the Buyer should keep this e-mail in printed or electronic form.

    2.7 With no prejudice to the above, the Seller may at its own discretion decide not to accept and process Orders that do not provide sufficient guarantees of solvency and / or which are incomplete or incorrect, or in the event that Products ordered are no longer available. In the above cases, the Seller will inform the Buyer by e-mail, that the Contract may not be fulfilled and therefore the Seller cannot carry out the Order, specifying the relevant reasons.

    In the event the Products displayed on the Site, are no longer available for sale at the time the Order is transmitted, the Seller must inform the Buyer promptly, and in any case within thirty (30) days from the day after the date of receipt of the Order, of the unavailability of the Products included in the Order.

    In these cases, the Order will be cancelled in full or partially accepted according to the available Products and if the Buyer had already paid the relevant price, the Seller will refund the Buyer the amounts paid for the unavailable Products. It remains understood that the Seller will not be required to reimburse any other amount to the Buyer, for any reason whatsoever.

    Finally, The Seller reserves the right to suspend or cancel the processing of an Order and/or delivery regardless of its nature or stage of processing, in the following cases: non-payment of any or all of the amount owed by the Buyer, a payment incident, fraud or attempted fraud relating to the use of the Seller Site, including on the occasion of previous Orders.

    3 - PRODUCT CHARACTERISTICS AND PRICE

    3.1 Only original Products are offered or sold on the Site.

    The Seller does note sell second hand Products on the Site, Products not in conformity or flawed and /or otherwise Products that fail to meet the quality standards applicable to similar products offered in the market.

    3.2 The main characteristics of the Products are shown on the Site on each Product page. The images and colors of Products offered for sale on the Site may not correspond to the real ones for reasons which cannot be attributed to the Seller and, in any case, due to the Internet browser or any device used by the Buyer; thus the Seller expressly disclaims all responsibility in relation thereto.

    3.3 The Buyer can select one or several Products from among the various categories proposed on the Site.

    The Seller can change the selection of Products proposed for sale on its Site at any time, particularly due to constraints relating to its suppliers.

    3.4 The sales price of the Products sold on the Site, indicated in EUR, is that in force at the time at which the Buyer placed the Order. The sales price of the Products can be changed by the Seller at any time. Any changes will be indicated to the Buyer before the Order is completed. It remains in any case understood that it is responsibility of the Buyer to verify the final selling price of the Product to be purchased, prior to completing and forwarding the relevant Order.

    3.5 Prices do not include shipping costs, which are invoiced in addition to the price of the Products. Provided the above, Shipping costs and different methods of shipping will be indicated before the Order is confirmed to the Buyer. Terms and Conditions of Sale can be subject to amendment and changes at any time by the Seller, thus it is recommended to the Buyer to regularly consult the Terms and Conditions of Sale published on the Site. Orders are “Delivered duty Paid”.

    3.6 All Products come with an identification tag attached with a disposable seal. When trying on the Products the Buyer shall not remove or alter the tag or seal should he/she wish to return the Products.  Provided the above, in case of exercise of the right of return by the Buyer, the Seller has the right to not accept returned Products or to not fully repay the amounts paid by the Buyer for the Products that, upon return, lack the corresponding price tag and / or whose essential and / or qualitative characteristics were altered and / or that display any kind of damage due to the Buyer´s fault.

    3.7 All Products sold by the Seller on the Site are covered by a guarantee for lack of conformity, as provided by the applicable law. The Buyer shall inform the Seller of the existence of any such lack of conformity within a period of two (2) months from the day of receipt of the Products or from when detected the lack of conformity, if discovered after receipt, by contacting the Seller’s customer care.

    4 – PAYMENT

    4.1 For the payment of the prices of the Products and of the relevant shipping and delivery costs, the Buyer may choose between credit card (VISA, MASTERCARD, MAESTRO, AMEX) or Shop Pay, or Apple Pay, or Google Play or PayPal as indicated on the Site and before submitting the Order.

    To this regard, the Buyer warrants the Seller that it has the necessary authorizations to use the payment method chosen for the payment; it remains understood that the Seller do not take any responsibility whatsoever in relation to the illegitimate/fraudulent use of a method of payment by the Buyer.

    4.2 Payment are in EUR; any bank charges will be borne by the Buyer (including in the case of a refund).

    4.3 In case of payment by credit card, all financial information (for example, the credit card number or the expiration date) will be sent by encrypted protocol to third parties, which provide remote electronic payment services, without third parties to have any access thereto. This information will not be used by the Seller except for performing the procedure relevant to the proper fulfilment of the Order and for issuing refunds in case of any refunds of Products, as a result of exercising the right of return on the part of the Buyer, or if it becomes necessary to prevent or report to the police fraud on the Site. In any case, all personal data provided by the Buyer will be processed by the Seller in compliance with the applicable legislation, as provided in the "Privacy Policy and Cookies" section.

    4.4 The price for the purchase of Products and the shipping costs, as indicated in the Order, will be charged to the Buyer’s bank account upon shipment of the purchased Products.

    5 – DELIVERY AND ACCEPTANCE

    5.1 The Products ordered by the Buyer in pursuance of these Terms and Conditions of Sale are delivered to the address indicated by the Buyer in the Order (“Delivery Address”).

    The Seller delivers worldwide with the exceptions of   Aland Islands;Bouvet Island;British Indian Ocean Territory; Christmas Island; Cocos (Keeling) Islands; Cuba ;Falkland Islands (Malvinas);French Guiana; Heard Island And Mcdonald Islands;Iran ;Isle Of Man; Nauru ;Netherlands Antilles; Niue ;Norfolk Island; Occupied ;Palestinian Territory; Pitcairn ;Saint Helena; Saint Pierre And Miquelon; Somalia ;South Georgia And The South Sandwich Islands ;South Sudan; Sudan ;Syria ;Tokelau ;United States Minor Outlying Islands; Western Sahara.

    5.2 Delivery of the Products shall be performed by UPS with standard delivery – or with express delivery, if provided by the Seller for that specific territory and chosen by the Buyer - or  by the other courier which will be indicated in the Order.

    The Products are your responsibility from the time they are delivered to the address indicated in the Order.

    If delivery is delayed by any event outside of the Seller’s control, the latter will contact the Buyer as soon as possible to let him/her know and the Seller will take steps to minimize the effect of the delay. Provided the above, the Seller shall not be deemed liable for delays caused by the any such event.

    6 – RETENTION OF OWNERSHIP

    6.1 The Seller retains full ownership of the products sold until the full price has been completely paid, including the principal, expenses, taxes and compulsory contributions.

    7 – CUSTOMER SERVICE

    7.1 For all additional information, the Seller’s customer care can be reached by email at kocheonline@staffinternational.com.

      8 – LIABILITY

      8.1 By placing the Order, the Buyer declares that he/she has full legal capacity to contract in pursuance of these Terms and Conditions of Sale. The Seller cannot under any circumstances be held liable for checking the legal capacity of the Buyers. As a result, if a person without the legal capacity to contract orders goods on the Site, the person’s legal guardians (parents, etc.) shall assume entire responsibility for the Order and pay the corresponding costs.

      8.2 The Seller shall not be held liable in the case of non-performance of any of the obligations resulting from these Terms and Conditions of Sale due to third party negligence even when foreseeable, negligence on the part of the Buyer, force majeure or any other event which could not reasonably be kept under the exclusive control of the Seller.

      9 – GOVERNING LAW AND DISPUTES RESOLUTION

      9.1 The Terms and Conditions of Sale are governed by the Italian law and in particular by Legislative Decree no. 206 of 6 September 2005 on consumer code in Chapter I "Rights on consumer contracts” with specific reference to legislation on distance selling contracts, and by Legislative Decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.


      9.2 In the event of disputes between the Seller and the Buyer, arising from the Terms and Conditions of Sale, the Seller guarantees full approval and acceptance of the conciliation service “RisolviOnline”.

      "RisolviOnline" is an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan (MI), which allows one to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a peaceful and safe manner, via the Internet. For more information on the "RisolviOnline" rules or to submit a request for conciliation, access "RisolviOnline.com".

      9.3 Furthermore, it is acknowledged that the European Commission provides a platform for the out-of-court alternative resolution of disputes, accessible on http://ec.europa.eu/odr.

      10 – AMENDMENTS AND UPDATES

      10.1 The Seller reserves the right to edit these Terms and Conditions of Sale at any time without notice. To be kept informed of any changes, the Seller recommends that the Buyer and, generally speaking, any user of the Website, should regularly reread the Terms and Conditions of Sale and the Privacy Policy and Cookies.

      The new Terms and Conditions will be effective ad of the date of publication on the Site. The Order will be governed by the Terms and Conditions of Sale in force at the time of the Order.

      RETURN POLICY

      The aim of Staff International S.p.A. ("the Seller") is to ensure complete satisfaction to the Buyer in regard to products carrying the brand name "KOCHÉ’" on the Site https://koche.fr/ (hereinafter referred to as "Buyer" and "Products", respectively).

      If for any reason the Buyer is unsatisfied with the Products, according to article 49. par. 4 of the Italian legislative decree 206/2005 “Codice del Consumo”, the former may exercise its right of return, without penalty, within fourteen (14) days from the day when the Products have been received

      The Products may be returned by the Buyer by shipping using the services of the courier indicated by the Seller or through other shipping means only after having filled out the return form https://koche.fr/pages/contact (the "Return Form") and sent it to the Seller.  

      PROVISIONS ON THE RIGHT OF RETURN

      The right to return Products will be deemed to have been exercised once the following conditions have been fully fulfilled:

      a. the Return Form or any other form indicating explicitly the decision of the Buyer to withdraw from the Contract must be properly completed and submitted to the Seller within fourteen (14) days from receipt of Products;

      b. the Products must not show signs of use, wear, wash, or damage in any way;

      1. the identification tag must still be attached to the Products in its original state;
      2. the Products must be returned in their original packaging intact;
      3. the returned Products must be shipped back to the Seller within fourteen (14) days from the time the Buyer informed the Seller of its decision to terminate the Contract.


      If all the above required conditions are fulfilled so as to proceed to the return, the Seller will refund the Buyer fully for the price of the returned Products (with express exclusion of the shipping and delivery cost as well as of the Return Expenses as defined below).

      The Buyer shall bear the cost incurred to return to the Seller the Products (the “Return Expenses”), unless the Seller has expressly exempted the Buyer from this cost at time of purchase and, in any case, upon the condition that the Buyer uses the shipping carrier indicated by the Seller in the Return Form.

      It remains understood that in any case if the Buyer decides to use a shipping carrier different from that indicated by the Seller, the Buyer will be fully responsible for the overall return cost.


      The Buyer will be notified by e-mail both if the returned Products are accepted and if they cannot be accepted due to a lack of conformity with the abovementioned conditions. In this case, the Products will be returned to the Buyer. In the event that the Buyer refuses this shipment, the Seller reserves the right to retain the Products and the amount corresponding to the purchase price of the same.

      REFUND TIME FRAME AND PROCEDURE

      After the Seller received the return and checked that all the requirements were met, the Buyer will receive an e-mail confirming acceptance of the return, or, in case of a decrease in the value of the returned Products occurred, the Buyer will receive an e-mail communicating the amount subtracted by way of deduction of the refund. Notwithstanding the payment method used by the Buyer (e.g. credit card or PayPal, or Shop Pay, or Apple Pay, or Google Play), the refund will be processed by the Seller as soon as possible and within fourteen (14) days from date when the Buyer makes known its exercise of the right of return, once it is asserted that the return was carried out in observance of the relevant terms and conditions.

      The time frame to credit the amounts owed or to return the sums paid by the Buyer for the purchase of Products is contingent upon the payment methods used, as specified below:


      - purchase by credit card: the repayment time depends on the management company of the credit card, but occurs within fourteen (14) days.

      It is acknowledged that the value date of the re-crediting shall be the same with that of the direct debit, thus no losses will be incurred in regards to bank interest.


      - purchase through PayPal or Shop Pay, or Apple Pay, or Google Play: refunds will be credited to the PayPal account and will be immediately visible. The actual refund to the credit card connected to the account of PayPal, or Shop Pay, or Apple Pay, or Google Play depends on the institution that issued the card and will occur within fourteen (14) days.

      PRODUCT IDENTIFICATION TAG

      All Products offered sold by the Seller bear an identification label, which is part of the Products. Products must be tried on without removing the tag, as Products returned to the Seller without this label will not be accepted.

      SHIPPING CARRIER SERVICE

      The Products retuned can be dispatched using the shipping carried indicated by the Seller, using the printed adhesive label included in the packaging of the Products delivered. This method allows the Seller to pay, on behalf of the Buyer, the delivery and tracking fees incurred for the shipment, tracking the parcel containing the Products throughout its delivery route. The Buyer can contact the shipping carrier to arrange the return of Products. In any case it is reminded that If the Buyer decides to return the Products using a shipping carrier other than those indicated by the Seller, the Buyer must pay for the return fees and will be fully liable for loss or damage of Products during the transport.