GENERAL TERMS AND CONDITIONS OF SALE

 

Article 1 - Preamble

The general terms and conditions of sale (the "General Terms and Conditions of Sale" or "GTC") automatically apply to and form an integral part of all orders and sales made via the website www.kymas.com (the "Site") of the company KYMAS ("KYMAS" or the "Seller"), a simplified joint-stock company with a share capital of €1,000, whose registered office is located at 4 rue des Buis – 31170 Tournefeuille – France, registered with the Toulouse Trade and Companies Registry under number 980 519 334 RCS Toulouse.

KYMAS markets and distributes ready-to-wear textile articles, fashion accessories, shoes (the "Product(s)") worldwide.

For any questions, KYMAS customer service (the "Customer Service") can be reached by email at the following address: contact@kymas.fr.

 

Article 2 - Scope and acceptance of the General Terms and Conditions of Sale

The Site is reserved for retail sale to individual persons acting for personal purposes (the "Customer"). The Customer declares and warrants acting as the final consumer of the products they order. The Customer must review the GTC in force on the Seller's Site before placing any order by visiting the "General Terms and Conditions of Sale" section of the Site. Furthermore, with each purchase on the Site, the Customer will be asked to confirm the acceptance of these GTC in force at the date of placing their order. These GTC are made available beforehand and at the time the Customer is invited to confirm their acceptance. To consolidate their agreement, they must check the box "I accept the General Terms and Conditions of Sale."

KYMAS reserves the right to update the GTC at any time. The version of the GTC applicable to a sale is the one online on the Site at the time of the order.

The sales contract concluded between the Customer and KYMAS will incorporate the terms of their order as well as the General Terms and Conditions of Sale in force at the time of purchase, which will prevail over any other general or implied terms of trade, customer, or commercial practice.

If any provision of these GTC is deemed unwritten under a law, regulation, or a final judicial decision, the other provisions of the GTC shall be maintained and continue to produce their effects.

These GTC prevail over any other contractual document linking KYMAS and the Customer.

 

Article 3 - Products

The Products offered for sale and displayed in the catalog published on the Site are described, including their essential characteristics, in accordance with Article L. 111-1 of the Consumer Code. The photographs illustrating the Products are not contractual. The photographs accompanying the presentation of the Products may include goods not systematically offered for sale.

The Products comply with the French legal requirements in force regarding the safety and health of persons, the fairness of commercial transactions, and consumer protection at the time they are placed on the market.

 

Article 4 - Prices and Accepted Payment Methods

4.1 - Prices

The prices of the Products are indicated in the currency selected by the Customer on the Site. Additional customs fees may be required depending on the country of delivery and will be solely the responsibility of the Customer. For deliveries outside the European Union, additional customs fees may be requested upon delivery once the order has arrived at the customs of the delivery address country.

The delivery fees mentioned before the validation of the order are charged in addition to the sale price of the Products. The total amount due to KYMAS by the Customer is indicated on the order confirmation page, including delivery fees.

In case of a price promotion, KYMAS commits to applying the promotional price to any order placed during the promotion's advertised period.

The Products are billed based on the prices displayed on the Site at the time of the order placement, subject to availability.

4.2 - Accepted Payment Methods

The secure payment methods available on the Site are as follows:

  • payment by credit card: the accepted credit and debit cards are Visa®, MasterCard®, American Express®, Carte Bleue®, Maestro®;
  • payment via PayPal.

Payment must be made in full at the time of the order.

An invoice including VAT can be sent to the Customer upon their request to KYMAS.

 

Article 5 - Order Procedures

The Site allows ordering a selection of Products online via the internet from KYMAS for delivery under the conditions specified in Article 7 of these GTC (Delivery Modalities).

To place an order, the Customer, after filling their virtual basket indicating the selected Products and desired quantities, must click on the "Order" button then provide the information necessary for delivery (first name, last name, postal address, email address, and telephone number) and information related to the delivery and payment method. To validate the payment, they must click on "Validate my order."

An email acknowledging receipt of the order and its payment is sent to the Customer as soon as possible. KYMAS makes every effort to ensure that its communications are transmitted to the Customer promptly. The Customer must check the contents of the communication as soon as possible and immediately notify the Seller of any errors or omissions.

KYMAS cannot be held responsible for the consequences of erroneous or incomplete data provided by the Customer, particularly concerning the quantities and types of Products ordered, the delivery address information, or the delivery time slot.

KYMAS advises checking the "Spam" folder if the Customer has not received the order confirmation email.

Any order modification by the Customer after confirming their order is subject to KYMAS's acceptance.

KYMAS reserves the right to refuse any order for legitimate reasons, including:

  • if the quantities of Products ordered are abnormally high for buyers who are consumers, or if there is a prior dispute regarding a default or returned damaged items.
  • when a technical error occurred during Payment.
  • when the Customer orders a Product that has become unavailable in the meantime. Product offers are valid while stocks last. Indeed, at the time of order validation, there may be a discrepancy between the available stock computationally and the actual physical stock. The sale is thus conditioned on the availability of Products in stock. KYMAS incurs no liability in case of stock shortage or unavailability of Products.

KYMAS reserves the right to change the Products offered on the Site at any time and without notice.

 

Article 6 - Sales Contract

The sales contract is formed at the moment the Customer sends the confirmation of their order. Except in the case of a manifest error on the part of KYMAS, the data stored in KYMAS's computer systems, under reasonable security conditions, have probative force concerning orders placed by the Customer. Data on electronic or computerized media constitutes valid evidence and is admissible in the same conditions and with the same probative force as any document that would be established, received, or kept in writing. The archiving of communications, order forms, and invoices is carried out on a reliable and durable medium so as to constitute a faithful and lasting copy in accordance with Article 1379 of the Civil Code.

 

Article 7 - Delivery Modalities

The Customer may choose among the following delivery methods:

  • pickup point delivery in France (Mondial Relay);
  • home delivery in France (Colissimo);
  • standard international home delivery (Colissimo, UPS);
  • express international home delivery (UPS).

Delivery fees are borne by the customer, and the amount depends on the chosen delivery method and the country of delivery.

Products are shipped to the delivery address indicated by the Customer during the order process. The address and postal code must be accurately indicated without any abbreviation. A signature and valid identification may be required upon delivery (e.g., passport or driving license).

For Mondial Relay shipments, delivery can be made upon presentation of a secure code communicated to the relay point. Without this code, Mondial Relay cannot hand over the package to the recipient, and the order will be returned to KYMAS's premises.

When the Product is delivered to the address indicated on the order form by a carrier, it is the Customer's responsibility to check the condition of the delivered Product in the presence of the delivery person and, in case of damage or missing items, to make reservations on the delivery note or on the transport receipt, and possibly to refuse the Product and notify KYMAS.

The risks of loss or damage to the goods are transferred to the Customer at the moment they, or a third party designated by them, physically takes possession of the goods, regardless of their nature.

At the time of the Product's delivery, the Customer is therefore required to verify:

that the number of packages delivered corresponds to the indications on the transport document and the invoice;

that the packaging is intact, undamaged, not wet, or altered in any way, including the materials used to close the package.

Whatever the conditions of sale retained and notwithstanding the retention of title clause provided for in Article 9 of these GTC (Retention of Title Clause), the Product is transported, from the exit from KYMAS's warehouses and/or the handover to the forwarding agent, at the Customer's risk. KYMAS cannot be held responsible for any problems or anomalies occurring during transport.

When the Customer orders products on the Site to be delivered outside the European Union, they may be subject to obligations and taxes on importation, which are levied when the package reaches its destination.

Customs policies vary significantly from one country to another; the Customer should contact the local customs office for more information. Furthermore, when ordering on the Site, as an importer, the Customer must comply with all laws and regulations of the country in which they receive the products.

When ordering, KYMAS will communicate to the Customer the delivery time, which will be confirmed in the order shipment confirmation. The indicated delivery time starts from the dispatch email of the Customer's order, and this period may be extended in case of exceptional circumstances.

Any order placed on a non-working day will result in the postponement of the delivery time to the next working day.

Any modification of the delivery terms must be made via the carrier's Site. Otherwise, KYMAS cannot be held responsible for non-compliance with the delivery terms.

KYMAS will not be responsible for non-compliance with delivery deadlines (delivery delay, impossibility of delivery, return of Products to KYMAS, etc.) resulting from erroneous and/or incomplete information provided by the Customer for delivery and/or their absence at the time of delivery.

In case of a return of an order to KYMAS's warehouses due to the Customer's absence at the time of delivery or non-withdrawal of the package at the indicated relay point, KYMAS will issue a credit note for the amount of the ordered products, deducted by a penalty of 8.80 euros. This penalty corresponds to the internal logistics management fees incurred for the preparation of the package and the restocking of the returned items. The Customer will be informed of this credit note by email.

 

Article 8 - Return Procedures

The Customer has the option to return their ordered Product(s) to KYMAS within fourteen (14) days following delivery by scanning the QR code of the return slip included with the shipped order or by logging in via the delivery confirmation email of their order.

The Customer then has a maximum of seven (7) days from the registration of the return to send their package to the address provided by Customer Service.

The Products must be returned from the country of the delivery address of the order. KYMAS will not be responsible for losses, damages, and/or delays related to returns made from a country other than the delivery address country and/or not complying with the following conditions.

Any additional costs (taxes and/or customs duties) and/or possible formalities for customs clearance from a country outside the European Union will be exclusively the responsibility of the Customer.

The Products must be returned, accompanied by the return slip to the address:

Kuehne + Nagel CHÂTRES Building 1 [BIGBLUE]
Avenue Louis Renault - Building 1
ZAC du val Bréon
77610 CHÂTRES
FRANCE

To be eligible for return, the Product must meet the following conditions:

  • the Product must be new, with its original label and returned in its original packaging;
  • the Product must not have been worn and/or washed, must not be damaged or stained, and must not have an undesirable odor;
  • if it is an undergarment or a bathing suit, the hygiene protection must not have been removed.

A credit will be generated for the amount of the returned Product price once it has been received in the warehouse.  

If the Customer received the wrong item or a damaged Product, they must inform Customer Service and send photographs of the Products, the packaging references, and the packaging itself before returning it to KYMAS. Thus, A credit for the amount of the item, including delivery costs, may be issued if the Customer Service confirms it. If Products are returned without a photograph, a credit for the amount of the returned Product could be provided to the Customer.

The return costs will be borne by the Customer.

Credit stores are non-refundable.

Any purchase made in a physical store must be returned or exchanged only in the establishment where it was made. Similarly, a purchase made online cannot be returned or exchanged in a physical store.


Article 9 - Retention of Title Clause

KYMAS retains ownership of the sold Product until the full and effective payment of the price in principal and accessories. Until the full payment of the price, the Customer is prohibited from using the Products subject to retention of title as security or collateral and must individualize the Product coming from KYMAS.

These conditions do not prevent the transfer to the Customer, from the delivery of the Product under the conditions of Article 7 of these GTC (Delivery Modalities), of the risks of loss and damage of the goods subject to retention of title, as well as the responsibility for any damage or injury they could cause. The Customer must therefore take out insurance covering the risks arising from the Product from the time of its delivery.

 

Article 10 - Right of Withdrawal

In compliance with article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from Kymas, without having to give reasons for his decision. After this period of fourteen (14) days, the sale is binding and final.

The right of withdrawal may be exercised by using and sending the model withdrawal form in Appendix 1 of the General Terms and Conditions of Sale, by post, to the following address: Kymas, 4 Rue des Buis 31170 Tournefeuille, France, or by email to contact contact@kymas.fr.To be returned, the Product must meet the conditions outlined in Article 8 of these GTC (Return Procedures).

The Customer must return the Product(s) to KYMAS at the address Kuehne + Nagel CHÂTRES Building 1 [BIGBLUE], Avenue Louis Renault - Building 1, ZAC du val Bréon, 77610 CHÂTRES, FRANCE, without undue delay and, in any event, no later than 14 days after notifying Customer Service of their decision to withdraw and having shipped the package.

The Customer bears the direct costs of returning the goods.

In case of withdrawal, KYMAS will reimburse all payments received from the Customer, including delivery costs (except for additional costs arising if the Customer chose a type of delivery other than the least expensive standard delivery offered by KYMAS), without undue delay and, in any event, no later than 14 days from the day KYMAS is informed about the Customer's decision to withdraw. KYMAS may withhold the reimbursement until it has received the goods back.

KYMAS will carry out the reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer expressly agrees otherwise.


Article 11 - Legal Warranty of Conformity and Warranty Against Hidden Defects

All Products supplied by KYMAS benefit from the legal warranty of conformity provided for in articles L. 217-3 and following and articles L. 224-25-12 and following of the Consumer Code, or the warranty against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

In case of non-conformity or hidden defects, the Customer must return the Products to KYMAS by contacting Customer Service.

11.1 - Implementation of the Warranty of Conformity

KYMAS is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing upon delivery in accordance with article L.217-4 of the Consumer Code.

To conform to the contract, the goods must be fit for the use usually expected of similar goods and match the description given by KYMAS. If the Product is not in conformity with the order, the Customer must submit a claim to Customer Service and provide photos as mentioned in Article 8.

The Customer may request the replacement of the Product, subject to availability, in which case KYMAS may provide a credit note to the Customer or suggest an equivalent Product in terms of quality and price.

The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the goods.

11.2 - Implementation of the Warranty Against Hidden Defects

KYMAS is liable for the warranty due to hidden defects in the sold item that render it unfit for its intended use or that impair its use to such an extent that the Customer would not have acquired it or would have paid a lower price for it if they had been aware of the defects.

The Customer may decide to invoke the warranty against hidden defects of the sold item under article 1641 of the Civil Code. In this case, they can choose between the annulment of the sale or a reduction of the sales price in accordance with article 1644 of the Civil Code.

KYMAS is not liable for apparent defects that the Customer could have noticed themselves.

The action resulting from redhibitory defects must be brought by the Customer within two years from the discovery of the defect.

 

Article 12 - Limitation of Liability

KYMAS's liability in connection with the Product purchased on the Site is strictly limited to the purchase price of that Product. Photographs, graphics, and descriptions of the Products are for illustrative purposes only and do not bind KYMAS's responsibility.

KYMAS cannot be held liable for consequences arising from incorrect or incomplete data provided by the Customer, particularly regarding the quantities and types of Products ordered or the delivery time slot.

KYMAS's liability cannot be engaged in case of non-performance or poor execution of the contract due, either to the act of the Customer, the insurmountable and unforeseeable act of a third party to the contract, or force majeure.

Similarly, KYMAS's liability cannot be engaged for any inconvenience or damage inherent to the use of the Internet network, including a service interruption, external intrusion, the presence of computer viruses, or any other issue of force majeure.

KYMAS declares it is insured with a reputable insurance company for its operational civil liability.

 

Article 13 - Intellectual Property

The elements reproduced on the Site, including but not limited to photographs, videos, logos, graphics, texts, and data, are the exclusive property of KYMAS and are protected by copyright, trademark law, competition law, and database rights.

Any reproduction or dissemination of these elements, without the prior express permission of KYMAS, may lead to legal prosecution.

The Products marketed by KYMAS are also protected by intellectual property rights and cannot be copied. KYMAS reserves the right to take any appropriate legal action against any third party that infringes on these rights.

 

Article 14 - Confidentiality and Personal Data

For information regarding privacy protection and personal data, KYMAS invites the Customer to consult the "Personal Data Protection" page.

 

Article 15 - Applicable Law, Alternative Dispute Resolution, and Jurisdiction

These General Terms and Conditions of Sale are governed by and construed in accordance with French law.

In the event of a dispute relating to the application and/or interpretation of these General Terms and Conditions of Sale (the "Dispute"), the Customer may contact Customer Service.

The Customer may also resort to conventional mediation or any other alternative dispute resolution method to resolve the Dispute. In accordance with Ordinance No. 2015-1033 of August 20, 2015, and the implementing decree No. 2015-1382 of October 30, 2015, any consumer dispute may be subject to an amicable settlement by mediation.

The Customer always has the option to bring the matter before the competent courts to resolve the Dispute. The competent court will be that of the defendant's place of residence or the place of actual delivery of the Product.

 

Appendix 1: Model withdrawal form

(Please complete and return this form and your order number only if you wish to withdraw from the contract. We recommend that you also state your order number)

For the attention of Kymas - 4 Rue des Buis 31170 Tournefeuille, France

E-mail: contact@kymas.fr.

I hereby notify you of my withdrawal from the contract for the sale of the following goods: (identification of the product(s) for which the right of withdrawal is being exercised)

Ordered on .................(date of order) and/or received on .................(date of delivery)

Customer name :

Customer address :

Signature of Customer :

Date :

For further information, please contact Customer Service at contact@kymas.fr.

 

 

 

 

 

 

 

 

 

 

Uptated  May 3, 2024