Legal Notice

Welcome to the website "www.kymas.com" (the "Site"). Access to the Site and use of its content are governed by the terms of use (the "Terms of Use") described below. Accessing and browsing the Site constitutes the user's unconditional acceptance of the Terms of Use.

1. Legal information

URL: www.kymas.com

Publisher: KYMAS, a Simplified Joint Stock Company (S.A.S) with a share capital of €1,000, registered with the Toulouse Trade and Companies Register (RCS) under number 980 519 334, with its registered office at 4 rue des buis, 31170 Tournefeuille (the "Company").

Contact: support@kymas.com

Intra-Community VAT number: FR34980519334

Hosting provider: Shopify – 150 Elgin Street, Suite 800, Ottawa, Ontario, K2P 1L4, Canada.

2. General terms of use of the Site

2.1 Access to the Site and registration for Services

Access to and use of the Site — including viewing web pages, downloading product information, and purchasing products — is carried out exclusively for personal purposes unrelated to any commercial or professional activity.

The Company offers Site users (the "User(s)") the ability to create an account and use the services linked to it (the "Services"). Users wishing to benefit from the Services must create an account using an email address and a password (the "Login Credentials"). Access to the Site and registration for the Services are free and optional. The Services are reserved for natural persons who are of legal age and have legal capacity.

2.2 Use of the Site

Users undertake not to:

• Provide false or misleading information; impersonate another person or use a third party's account without prior authorization;
• Use the Site in a way that interrupts or harms its operation, or impairs its availability or accessibility;
• Bypass or attempt to bypass the Site's security measures;
• Obtain or attempt to obtain information or documents not deliberately made available via the Site, by any means whatsoever;
• Violate any applicable law, or use the Site for unlawful purposes or in a manner that infringes third-party rights;
• Upload, post, or transmit content that is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, or otherwise inappropriate; that discloses personal or confidential information without authorization; that infringes third-party intellectual property rights; or that contains viruses or other malicious programs.

Each User is responsible for their use of the Site and the content they enter on it, including any incorrect, false, or third-party information or data, and for any inappropriate use of such information or data. Each User is responsible for the confidentiality and proper use of their personal information, including their Login Credentials, and is liable for any resulting damage from improper use, loss, or deletion of such information.

The Company reserves the right to cancel registration and/or block a User's account and/or refuse, restrict, suspend, or terminate access to the Site or the Services at any time, without notice and without liability, if the User's use of the Site violates these Terms of Use, without prejudice to any other remedies available to the Company.

3. Intellectual property

3.1 Intellectual property rights

The Site may contain elements protected by intellectual property rights. Unless otherwise stated, the intellectual property rights in the Site's documents, data, and individual elements (images, photographs, illustrations, drawings, logos, sounds, texts, videos, graphic elements, design guidelines, menus, colors, fonts, diagrams, layouts, methods, etc.), including software, databases, and newsletters (the "Content"), are the exclusive property of the Company, which grants no license or right other than the right to view the Site.

Reproduction of all or part of the Content is authorized only for informational purposes and personal, private use. Reproduction or use for any other purpose is expressly prohibited, including copying, modifying, creating derivative works, assembling, decompiling (except where permitted by law), selling, assigning, licensing, or transferring rights attached to the Content, or using modified versions of the software to obtain unauthorized access to the Services.

3.2 Hypertext links

Links to other websites: the Site contains hyperlinks to other websites unrelated to it. The Company does not control or monitor these websites and cannot be held liable for their content or practices, including regarding personal data and confidentiality. Users are asked to exercise caution and to read the terms and privacy policies of any linked website.

Links to our Site: Users are prohibited from publishing all or part of the Site or its Content on any third-party website, or from publishing a hyperlink to the Site, without the Company's prior written authorization. The Company disclaims any liability related to access to or content of any website that links to the Site.

4. Personal data

The Privacy Policy governs the use and processing of personal data that the Company collects from Users or that Users provide via the Site. Before downloading or providing personal data on the Site, each User must carefully read the Privacy Policy.

The Site uses cookies to understand Users' browsing preferences. Users who have authorized the use of cookies should consult the Cookie Policy to learn what types of personal data the Company may process in this context.

5. Limitation of liability

The Company regularly updates the Site's content and features to allow access under the best possible conditions, but cannot guarantee that content is up to date, accurate, or complete; the content of the Site is purely informational.

The Company reserves the right to make changes to the Site at any time and cannot guarantee uninterrupted access, free of malfunctions or errors; the nature or scope of available services may change. The Company cannot be held liable for damage suffered due to network characteristics and/or technical configurations, nor for suspension, interruption, or discontinuity of access caused by the dynamic nature of the Internet or during updates. The Company also cannot be held liable for damage caused to a User by third parties who, through unfair techniques, have used information published on the Site.

6. Miscellaneous provisions

The Terms of Use may be amended at any time depending on changes to the Site and/or regulations. Any browsing of the Site from the publication of new Terms of Use will be fully subject to them.

If any provision of the Terms of Use is declared null or without effect, it will be interpreted so as to best reflect the parties' intentions, and the remaining provisions remain fully applicable. Failure by the Company to enforce any provision or right shall not be interpreted as a waiver of that provision or right.

These Terms of Use are governed by French law. Any difficulty or dispute concerning them that is not settled amicably shall fall under the exclusive jurisdiction of the French courts.

Terms & Conditions of Sale

These general terms and conditions of sale (the "GTC") govern the conditions applicable to any online sale of products bearing the brand "KYMAS," "KYMAS PRODUCTION" (the "Products") carried out on the official online sales website "www.kymas.com" (the "Site"). Online sales of the Products on the Site are carried out, under the terms of these GTC, directly by KYMAS, a Simplified Joint Stock Company (S.A.S) with a share capital of €1,000, registered with the Toulouse Trade and Companies Register (RCS) under number 980 519 334, whose registered office is located at 4 rue des buis, 31170 Tournefeuille (the "Seller"). The GTC may be amended at any time depending on changes to the Site and/or to regulations. In the event of any amendment, the GTC in force at the time your order is placed will apply to you.

1. Seller's commercial policy

The Seller offers for sale the Products available on the Site and carries out its online sales activity exclusively for customers who purchase Products through the Site as non-professional "consumers" — i.e., any natural person acting for personal purposes and not within the scope of their commercial, industrial, craft, liberal, or agricultural activity, thereby excluding any reseller or intermediary acting on behalf of resellers (the "Buyers" and each a "Buyer").

Only Buyers who have reached the age of majority and have full legal capacity to enter into the terms of these GTC may access the online sales service offered by the Seller on the Site.

The Seller reserves the right not to proceed with: (i) any order placed by a minor and/or by a person not meeting the required characteristics of a Buyer; (ii) orders that do not comply with these GTC; (iii) any abnormal request in terms of quantity ordered (for example, an order exceeding five (5) items for the same Product in the same color reference may be considered abnormal); or (iv) activity reported or suspected to be fraudulent, illegal, or unauthorized, including where a purchase is suspected to have been made for commercial rather than personal purposes.

These GTC exclusively govern the online sale of Products by the Seller to the Buyer through the Site.

Before placing any order, the Buyer will be asked to unconditionally accept: (i) these GTC, (ii) the legal notices and the Site's general terms of use, and (iii) the Privacy Policy. All of these documents are available under the respective tabs in the "Legal Notices" section of the Site. In the absence of agreement and acceptance of all provisions contained in these documents, the Buyer will not be authorized to place an order on the Site.

2. Order

To order a Product on the Site, the Buyer must complete the online order form by following the instructions provided:

• Click on the Product, select the size, and click "Add to cart";
• Click "View my cart" to change quantities and desired Products, or return to the product pages;
• Validate the cart by clicking "Checkout";
• Enter your email address to continue the order;
• Log in to your customer account, or continue without registering by clicking "Continue as guest";
• Enter your delivery and billing addresses, and choose the delivery method;
• Choose the payment method.

Creating a customer account is not mandatory but allows you to enter personal information to facilitate future purchases, view and update your details, identify yourself before ordering, track current orders, and view your purchase history and invoices. If a Buyer orders as a guest, they will have access to order tracking by email via the "Track my order" link.

In accordance with Article L.221-5 of the French Consumer Code, before purchasing the Buyer can view a summary containing: the essential characteristics and unit price of each Product, the total price of the order (including applicable taxes), the available payment methods, the delivery terms, shipping and delivery costs, the Seller's contact details and those of its after-sales service, and the average delivery time.

Submitting the order constitutes a firm offer to purchase the selected Products, subject to these GTC and without prejudice to the Buyer's right of withdrawal (Article 6). Placing the order entails an obligation for the Buyer to pay the price of the Products concerned.

Any order is subject to the Seller's acceptance and may be refused in whole or in part for a legitimate reason — for example, if a Product is no longer available, payment was refused, the personal data provided proves incorrect, the Buyer has failed to meet obligations from a previous order, or an obvious error appears on a product page. If an order is refused, the Seller will inform the Buyer by email and, where applicable, refund amounts already paid.

Orders whose delivery address is not included in the list of countries offered for delivery on the Site's homepage cannot be accepted.

The sales contract is deemed concluded only upon the Buyer's receipt of the order confirmation email (the "Order Confirmation"), which will specify the order number, essential information about the Products purchased, the price, and the selected delivery terms.

3. Description and price of the Products

The Seller guarantees the authenticity of the Products sold on the Site. Essential characteristics are presented on each product page. Prices are displayed inclusive of all taxes; shipping costs, where applicable, are added and communicated before validation. The Seller reserves the right to change prices at any time without notice, though any change will not apply to orders already confirmed and still being processed.

4. Payment

Payment is made online using the methods available for the delivery country. Card details are transferred via an encrypted protocol to payment service providers; the Seller never has access to them. This information is used solely to process and pay for the order, issue refunds following a withdrawal, or report fraud to the competent authorities.

The order amount is debited only after the Order Confirmation has been sent. If payment is refused, the order is cancelled at no liability to the Seller, and the Buyer is informed by email without delay. Any fees applied by the card issuer, bank, or other payment institution are borne exclusively by the Buyer.

5. Shipping and delivery of the Products

Once prepared, the order is shipped to the postal address provided, according to the chosen delivery method; methods and prices vary by delivery country and are communicated before ordering. Once shipped, the Buyer receives a tracking number by email and may also track progress via "My order" in their customer account.

Ownership and risk of loss, damage, or destruction of the Products transfer to the Buyer upon delivery. The Buyer must check the order upon receipt; in the event of a damaged parcel or missing Product, reservations must be recorded on the delivery slip and the Seller contacted immediately via Customer Service with supporting documents. Failing such reservations and documents, the Seller reserves the right not to pursue the claim.

6. Right of withdrawal

In accordance with Article L.221-18 of the French Consumer Code, the Buyer has a right of withdrawal, exercisable without giving reasons within fifteen (15) days from receipt of the relevant Product (or, for orders delivered in several parcels, from receipt of the last parcel). Within that period, the Buyer must inform the Seller using the withdrawal form available under the "Return form" tab in the Customer Service section.

In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to personalized Products.

The Seller will accept the exercise of this right only where: (i) returned Products have not been worn, soiled, washed, or damaged in any way; (ii) the identification tag remains attached as originally affixed; and (iii) the Products are returned in their original, undamaged packaging or equivalent protective packaging. For shoes, the sole and any protective film must also be intact — it is strongly recommended to try shoes on over a rug or carpet.

Once withdrawal has been notified, the Buyer must return the Products within fifteen (15) days, in their original condition, unworn, unwashed, with tags and intact packaging. Return costs are borne by the Buyer, and initial delivery costs are not refunded. A secure shipment with a tracking number is recommended; the Seller cannot be held liable for loss or damage during transport.

7. Refund timeframes and terms

Once the Seller has received the returned Products and verified the conditions in Article 6 are met, the Buyer receives confirmation that the return is accepted and that a refund or store credit will be issued for the purchase price. Returning all Products from a single order refunds/credits the full amount paid; returning only part of an order refunds/credits only the returned Product(s), with initial delivery costs remaining at the Buyer's expense. The refund or store credit is issued as soon as possible, and no later than fourteen (14) days from receipt of the returned Products or proof that the return has been shipped.

Refunds are made via the payment method used for the purchase. If the recipient named on the order is not the person who paid, the refund is made to the payer's payment method.

For card payments, the refund normally occurs within two billing cycles, with a value date matching the original debit. For PayPal, refunds are credited to the Buyer's PayPal account and visible immediately; the effective refund to any linked card depends on the card issuer.

8. Warranties

The Buyer must ensure delivered Products correspond to the order. Beyond the right of withdrawal, Products benefit from the legal warranty of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).

The legal warranty of conformity applies when a Product does not function in accordance with its usual use or does not match its description. The warranty against hidden defects covers defects not apparent at the time of sale that make the Product unfit for its intended use or significantly reduce that use. Neither warranty applies in the event of misuse or failure to follow the Product's care instructions.

Under the legal warranty of conformity, the Buyer has two (2) years from delivery to act; may choose between repair or replacement, subject to Article L.211-9 of the French Consumer Code; and is not required to prove the lack of conformity for twenty-four (24) months following delivery (six (6) months for second-hand Products). The Buyer may instead invoke the warranty against hidden defects under Article 1641 of the French Civil Code, choosing between rescission of the sale or a price reduction under Article 1644. The Buyer must contact Customer Service to arrange the return of damaged, defective, or incorrect Products.

9. Personal data

All information relating to the processing of the Buyer's personal data is available in the Privacy Policy on the Site.

10. Force majeure

Any event of force majeure within the meaning of Article 1218 of the French Civil Code suspends the obligations affected by it, and the affected party will not be held responsible for its inability to perform. That party must inform the other party within fifteen (15) days of the event's occurrence.

11. Disclaimer of warranty and limitation of liability

These GTC set out all obligations and liabilities of the Seller regarding the online sale of Products. The Seller does not guarantee that Products are suitable for specific uses intended by the Buyer, who remains solely responsible for assessing whether Products meet their needs, and cannot be held liable for use inconsistent with a Product's intended purpose.

The Seller takes great care in posting information, Product descriptions, and regular updates online, but cannot be held liable for non-substantial errors. Product images are not contractual, as colors, fabrics, or textures may differ from the actual Products for reasons not attributable to the Seller, including the Buyer's browser or equipment.

The Seller cannot be held liable for: interruptions or delays on the Site or Customer Service due to maintenance, technical failures, force majeure, or other circumstances beyond its control; or the Buyer's temporary inability to access the Site or Customer Service due to events beyond the Buyer's control (computer breakdowns, network interruptions, etc.). The Seller is likewise not liable for loss, alteration, or fraudulent access to personal data, or accidental transmission of viruses or other harmful elements from internet access or email. In any event, the Seller's liability is limited to direct damages only.

12. Miscellaneous provisions

These GTC do not govern the provision of services or sale of products by third-party companies present on the Site via links, banners, or other hyperlinks. Buyers are advised to review such third parties' own terms before ordering; the Seller cannot be held liable for services or transactions between Site users and third parties.

Each provision of these GTC is separate and independent from the others. If any provision is found null, invalid, or unenforceable, the validity and enforceability of the remaining provisions is unaffected. If the Seller does not require performance of a provision at any time, this is not a waiver of the right to invoke it later.

13. Applicable law and dispute resolution

These GTC are governed by French law. In the event of a dispute, and before any referral to the consumer mediator, the Buyer must contact the Seller by letter or email via Customer Service to attempt an amicable resolution.

Failing amicable settlement, the Buyer may refer the matter free of charge to CMAP (Centre de Médiation et d'Arbitrage de Paris) — via the form at www.cmap.fr/consommateurs, or by post at CMAP – Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris. Any mediation request must indicate the subject of the dispute and include supporting documents.

The European Commission also provides a platform for out-of-court dispute resolution at ec.europa.eu/odr. Any difficulty or dispute concerning orders and/or these GTC not resolved through mediation falls under the exclusive jurisdiction of the French courts.

Privacy Policy

KYMAS places particular importance on the processing, confidentiality, and security of your personal data. It is important to us to offer you personalized services while respecting your personal choices and your privacy. By using our website "www.kymas.com" (the "Site"), you acknowledge that you have read this Privacy Policy, which governs the use and protection of your personal data collected when using our Site or in our Boutiques — meaning any information that directly or indirectly identifies you ("Data," "Personal Data," or "Personal Information"), such as your last name, first name, postal address, email address, and customer number.

1. Who is the data controller?

The data controller determining the purposes for collecting your Data is KYMAS, a Simplified Joint Stock Company (S.A.S) with a share capital of €1,000, registered with the Toulouse Trade and Companies Register (RCS) under number 980519334, with its registered office located at 4 rue des buis, 31170 Tournefeuille (the "Company" or "We").

For any questions regarding your Personal Data, you may contact us by email at support@kymas.com or by completing the contact form available on the dedicated page of the Site and selecting the subject "Privacy Policy."

2. What data do we collect?

Different categories of personal data may be collected by the Company during your in-store experience or while browsing the Site. Personal Data refers to any information that allows you to be identified either directly (for example, by your name) or indirectly (for example, through a unique customer number). Under this Privacy Policy, the Personal Data that We collect directly from you includes:

• Your identification and contact details (last name, first name, email address, phone number, postal address, nationality);
• Your gender and date of birth;
• Your purchase history in-store and on the Site;
• Your contact and purchasing preferences (size, style, colors);
• Your browsing data on our Site (for example, the date and time of your connection and/or browsing, pages visited), the type of device and browser, your location, browser language, internet service provider, IP address, and, where applicable, your social media identifiers; and
• Your communications with our customer service department.

Personal data required to fulfill the purposes described in Section 3 are indicated on the various pages of the Site. If you do not complete these mandatory fields, We will not be able to respond to your requests and/or provide you with the requested products and services. Other information is optional and allows us to better understand you and improve our communications and services toward you.

3. For what purposes do we use your data?

We may use your Personal Data for purposes defined according to the nature of our relationship. Your Personal Data is collected only when the Company has a legal basis for doing so.

4. How long do we keep your personal data?

We retain your Personal Data for a limited period depending on the purpose for which it was collected. To determine retention periods, We apply the following criteria:

• Data collected when placing an order on the Site: as long as you remain a customer and up to three (3) years from the last interaction between us. Billing data will be retained for ten (10) years from the invoice date;
• Data collected when creating a customer account: until you request deletion of your account or after three (3) years from the last interaction between us;
• Data collected when using services offered in-store or on the Site: until the service ends, you unsubscribe, or three (3) years from the last interaction;
• Data related to Customer Service requests: until the request has been processed.

If you consent to cookies being placed on your device, We retain them for the duration provided by applicable regulations. For more information, please refer to our Cookie Policy.

Some of your Data may be archived with restricted access strictly for compliance with legal, accounting, and tax obligations, and for managing complaints and warranty claims within statutory limitation periods. After these periods, Data will be deleted or irreversibly anonymized.

Your banking details are retained by our payment service providers. When making purchases on the Site, you must enter your banking details in the designated fields. If you consent, you may allow our payment provider to securely retain your banking details for future purchases by checking the box "Save your payment details."

5. What are your rights?

In accordance with applicable personal data regulations, you have the following rights, which you may exercise at any time:

• Right to information
• Right of access and rectification
• Right to erasure / right to be forgotten
• Right to object
• Right to data portability
• Right to define the fate of your Data after death

To exercise these rights, you may access your customer account on the Site or contact Customer Service at support@kymas.com. We may request additional information to verify your identity. We undertake to respond as promptly as possible after receiving your request.

6. Who can access your personal data?

Your Personal Data is primarily processed internally by relevant Company departments. Access is limited to authorized personnel when necessary. We may share your information with:

• Other entities within the Company's group;
• Trusted third-party service providers acting on our behalf (Site operators, payment providers, IT service providers, logistics companies, marketing agencies, market research and data processing companies).

These recipients are carefully selected and provide adequate guarantees regarding data security and confidentiality. Personal Data may also be transferred:

• For processing consistent with the original purpose and subject to your consent;
• As required by law or legal proceedings;
• In connection with mergers, acquisitions, or asset transfers.

7. Where do we transfer your data?

Your Personal Data may be transferred outside the European Economic Area to countries with different data protection laws. Such transfers are carried out securely and in compliance with applicable regulations. We require recipients to implement appropriate safeguards, such as standard contractual clauses or binding corporate rules.

8. Security and confidentiality of your personal data

We protect your Personal Data through appropriate technical and organizational security measures to prevent loss, alteration, destruction, or unlawful use. We ensure that our partners maintain equivalent protection standards and implement anti-fraud and secure transaction measures.

9. Miscellaneous

This Privacy Policy may be updated at any time to reflect regulatory changes or updates to our data practices. The updated version will be available on the Site under "Legal Notice."

If you have a complaint regarding the protection of your Personal Data, you have the right to lodge a complaint with the CNIL (French Data Protection Authority) at www.cnil.fr.

10. Specific appendix for U.S. residents

A. Information for California residents

This section applies only to California residents under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA).

Categories of Personal Information collected (past 12 months):

• Identifiers (name, postal address, IP address, email, passport number)
• Additional personal information under Cal. Civ. Code § 1798.80 (phone number)
• Protected classification characteristics (gender)
• Commercial information (purchase history)
• Internet activity information (browsing and search history)
• Professional/employment information
• Sensitive information (signature, physical characteristics including size preferences, known child data)

Categories of sources: directly from you; from your devices.

Business purposes: providing services; security and integrity; customer account management; payment processing; marketing and advertising (as permitted by law); research and development; service improvement.

We do not knowingly sell or share personal information of consumers under 16 years old.

California residents have rights including:

• Right to know
• Right to delete
• Right to correct
• Right to opt-out of sale or sharing
• Right to limit use of sensitive information
• Right to non-discrimination

To exercise these rights, contact support@kymas.com or use the Site contact form.

B. Information for Texas residents

Effective July 1, 2024.

Texas residents have rights including:

• Right to confirm processing and access data
• Right to rectification
• Right to deletion
• Right to obtain a portable copy
• Right to opt-out (targeted advertising, sale, profiling)
• Right to appeal

To exercise your rights, contact support@kymas.com or use the Site contact form and select "Privacy Policy."

Return & Refund Policy

The Customer has the option to return their ordered Product(s) to KYMAS within fourteen (14) days following delivery 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 conditions below.

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 provided.

Conditions of eligibility

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.

Return costs and credit

The return costs will be borne by the Customer.

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

Wrong or damaged item

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. A credit for the amount of the item, including delivery costs, may be issued if Customer Service confirms it. If Products are returned without a photograph, a credit for the amount of the returned Product could still be provided to the Customer.

Additional conditions

• 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.

Cookie Policy

This Cookie Policy explains how we use cookies and similar technologies to recognize you when you visit our Services.

1. What are cookies

Cookies are small data files placed on your device that allow us to recognize your browser and remember certain information.

2. Types of cookies we use

• Essential cookies — required for the Services to function properly.
• Performance cookies — help us understand how visitors interact with the Services.
• Preference cookies — remember your settings and choices.

3. Managing cookies

Most browsers allow you to control cookies through their settings. Disabling certain cookies may affect the functionality of the Services.

4. Changes to this policy

We may update this Cookie Policy periodically to reflect changes in technology, regulation, or our practices.

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