Terms of sale

www.kymas.com

Effective as of 07/06/2025

These general terms and conditions of sale (hereinafter the “GTC”) govern the conditions applicable to any online sale of products bearing the brand “KYMAS”, “KYMAS PRODUCTION” (hereinafter the “Products”) carried out on the official online sales website “www.kymas.com” (hereinafter the “Site”).

Online sales of the Products on the Site are carried out, under the terms and conditions set out in 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 (hereinafter 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

1.1

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 any intermediary acting in the name and on behalf of resellers (hereinafter the “Buyers” and each a “Buyer”).

1.2

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.

1.3

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) in any event, orders that do not comply with the terms and conditions of these GTC; and (iii) any abnormal request by a Buyer in terms of the quantity of Products ordered (for example, any order exceeding a quantity of five (5) items for the same Product in the same color reference may be considered abnormal), or (iv) in the event of 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.

1.4

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

1.5

Before placing any order for Products on the Site, the Buyer will be asked to accept unconditionally, among other things: (i) these GTC, (ii) the legal notices and the Site’s general terms of use (hereinafter the “Legal Notices”), and (iii) the privacy policy (hereinafter the “Privacy Policy”). All of these documents are available to the Buyer under the respective tabs provided for this purpose on the Site, in the “Legal Notices” section. The Buyer is therefore invited to read these documents carefully before placing an order. 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

2.1

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”; it will then be possible 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 by entering your password, or continue without registering by clicking “Continue as guest”;

  • Enter your delivery and billing addresses; choose the delivery method;

  • Choose the payment method.

Creating a customer account is not mandatory to place an order on the Site but allows you to: (i) enter your personal information to facilitate future purchases, (ii) view, modify, and update your personal information, (iii) identify yourself before placing an order, (iv) track current orders, and (v) view your purchase history and invoices for past orders.

If a Buyer orders as a guest, they will have access to order tracking by email via the “Track my order” link.

2.2

In accordance with Article L.221-5 of the French Consumer Code, before purchasing the Products the Buyer will be able to view a summary containing the following information: (i) the essential characteristics of each Product ordered and its unit price, (ii) the total price of the order (including applicable taxes or duties), (iii) the payment methods that may be used to purchase the Products, (iv) the delivery terms for the purchased Products, (v) shipping and delivery costs (including any additional costs the Buyer must incur if they have chosen a specific shipping and delivery method different from and/or faster than the one defined by the Seller as “standard”), (vi) the Seller’s address and contact details and those of its after-sales service, and (vii) the average delivery time for the ordered Products.

2.3

Submitting the order by the Buyer constitutes a firm offer to purchase the selected Products from the Seller, subject to these GTC, without prejudice to the Buyer’s right of withdrawal referred to in Article 6 below.
Placing the order entails an obligation for the Buyer to pay the price of the Products concerned. When submitting the order, the Buyer is invited to verify and correct any data entry errors in order to ensure processing of the order by the Seller.

2.4

Any Buyer order is subject to the Seller’s acceptance. The Seller reserves the right, after verification, not to accept all or part of an order, without liability. By way of example and without limitation, an order may be refused in whole or in part for a legitimate reason if: (i) a selected Product is no longer available, (ii) payment was refused, (iii) the personal data entered by the Buyer and required to process the order proves to be incorrect, (iv) the Buyer has failed to meet obligations arising from a previous sales contract concluded with the Seller, and/or (iv) an obvious error appears on a product page (for example, an error regarding the essential characteristics of the Product, or a manifestly incorrect price).
If an order is refused, the Seller will inform the Buyer by email and, where applicable, refund the corresponding amounts already paid.
The Seller also reserves the right to refuse to process orders in the cases described in Article 1.3.

2.5

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

2.6

The sales contract between the Buyer and the Seller will be deemed concluded only upon the Buyer’s receipt of the order confirmation email sent by the Seller (hereinafter the “Order Confirmation”).
The Order Confirmation will specify the order number, the essential information about the Products purchased, as well as the price and the selected delivery terms.

3. DESCRIPTION AND PRICE OF THE PRODUCTS

3.1

The Seller guarantees the authenticity of the Products sold on the Site.

3.2

The essential characteristics of the Products are presented on each product page on the Site.

3.3

Product prices are indicated on the Site and displayed inclusive of all taxes. Shipping costs, where applicable, will be added to the price of the ordered Products and communicated to the Buyer in the order summary before validation.

3.4

The Seller reserves the right to change Product prices at any time and without notice, it being understood that any change will not apply to orders that have been the subject of an Order Confirmation and are still being processed on the date prices are updated.

4. PAYMENT

4.1

Payment for the order is made online using the payment methods available, displayed according to the delivery country.

4.2

In the case of payment by credit/debit card, all information (for example, the credit/debit card number or expiration date) will be transferred via an encrypted protocol to payment service providers supplying services related to remote electronic payment, and the Seller will not, in any event, have access to it. This information will be used solely to carry out procedures relating to processing and paying for the order, or to issue refunds in the event of Product returns following the Buyer’s exercise of the right of withdrawal, or if it proves necessary to report fraud occurring on the Site to the competent authorities.

4.3

The order amount will be debited only after the Seller has sent the Order Confirmation to the Buyer. If, for any reason, payment is refused, the order will be cancelled, without any liability on the part of the Seller. The Seller will inform the Buyer without delay by email.

4.4

Any fees applied by the card issuer, bank, or any other payment institution related to processing payment for the order are borne exclusively by the Buyer.

5. SHIPPING AND DELIVERY OF THE PRODUCTS

5.1

Once the order has been prepared by the Seller, it is shipped to the postal address provided by the Buyer when placing the order, according to the delivery method chosen by the Buyer. Delivery methods and prices vary depending on the delivery country and are communicated to the Buyer prior to ordering.
Once the parcel has been shipped, the Buyer will receive an email containing a tracking number. The Buyer may also track the progress of the order in their customer account via the “My order” area.

5.2

Ownership of the Products, as well as the risk of loss, damage, or destruction of the Products, is transferred to the Buyer upon delivery to the agreed address. Upon receipt of the order, the Buyer must carry out all necessary checks. In the event of a damaged parcel or missing Product, the Buyer must record reservations on the delivery slip presented by the carrier and immediately contact the Seller via Customer Service, providing supporting documents evidencing the anomaly observed. An investigation will be opened with the carrier. Failing such reservations and supporting documents, the Seller reserves the right not to pursue the Buyer’s claim.

6. RIGHT OF WITHDRAWAL

6.1

In accordance with Article L.221-18 of the French Consumer Code, the Buyer has a right of withdrawal.

Accordingly, the Buyer may exercise this right of withdrawal, without having to give reasons, within fifteen (15) days from the date of receipt of the relevant Product by the Buyer. If the order concerns several Products delivered separately, the period runs from the date of receipt, where applicable, of the last parcel received, covered by the Order Confirmation.

Within the above period, the Buyer must inform the Seller of their intention to exercise this right of withdrawal. To do so, the Buyer must use the withdrawal form available under the “Return form” tab in the Customer Service section.

6.2

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

6.3

The Seller will accept the Buyer’s exercise of the right of withdrawal only subject to strict compliance with the following conditions: (i) returned Products must not have been worn, soiled, washed, and/or damaged in any way, (ii) the identification tag must still be attached to the Products as originally affixed, (iv) the Products must be returned in their original undamaged packaging or equivalent packaging ensuring protection of the Product. For shoes, the sole and any protective film must also be intact; in this respect, it is strongly recommended to try on shoes on a rug or carpet.

6.4

Once the Buyer has notified the Seller of the exercise of their right of withdrawal, the Buyer must then return the purchased Products within fifteen (15) days from the withdrawal:

Items must be returned in their original condition, unworn, unwashed, with their tags and in intact packaging.

Please note that return costs are borne by the Buyer. Initial delivery costs are not refunded.

We recommend choosing a secure shipment with a tracking number. Furthermore, in the event of loss or damage to Products during transport, the Seller cannot be held liable.

7. REFUND TIMEFRAMES AND TERMS

7.1

Once the Seller has received the returned Products and verified that all the return conditions described in Article 6 are met, the Buyer will receive an email confirming that the return has been accepted and that the Seller will issue a refund or a store credit for the purchase price of the Products. The return of all Products ordered in a single order will result in a refund/store credit of the amounts paid by the Buyer, i.e., the purchase price of the Product(s). However, if only part of the Products from the same order is returned, only the purchase price of the returned Product(s) will be refunded/credited by the Seller, the initial delivery costs remaining at the Buyer’s expense.

Regardless of the payment method used by the Buyer, the refund or store credit will be issued by the Seller as soon as possible and in any event no later than fourteen (14) days from receipt of the returned Products or from the Buyer providing proof that the return has been shipped.

7.2

In the case of a refund, the Seller will refund via the payment method used by the Buyer to purchase the returned Products. If the recipient of the Products indicated in the order form is not the person who made payment for those Products, then in the event of withdrawal the refund will be made by the Seller to the payment method of the person who paid for the Products.

7.3

The time required to refund the amount paid for the returned Products depends on the payment method used by the Buyer.

  • Purchase by credit/debit card: the refund time depends on the company that issued the card, but will normally occur within two billing cycles. The value date of the credit will be the same as the original debit.

  • Payment by PayPal: refunds will be credited to the Buyer’s PayPal account and will be visible immediately. The effective refund to the credit card linked to the Buyer’s PayPal account will depend on the card issuer.

8. WARRANTIES

8.1

The Buyer must ensure that the Products delivered correspond to the order. In addition to the right of withdrawal, Products are subject to the warranty conditions provided by law.

8.2

All Products sold by the Seller benefit from the legal warranty of conformity provided for in Articles L.217-4 et seq. of the French Consumer Code and the warranty against hidden defects under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

The legal warranty of conformity applies when a Product has a lack of conformity, for example when the Product does not function in accordance with the usual uses of such a Product, or when it does not correspond to the description given.

The warranty against hidden defects covers Buyers where a Product has a hidden defect, i.e., a defect not apparent at the time of sale that makes the Product unfit for its intended use or significantly reduces that use.

The legal warranty of conformity and the warranty against hidden defects do not apply in the event of misuse of the Products by the Buyer or failure to comply with the Product care instructions (shown on the labels).

It is recalled that when acting under the legal warranty of conformity, the Buyer:

  • has a period of two (2) years from delivery of the Product to act;

  • may choose between repair or replacement of the Product, subject to the cost conditions provided for by Article L.211-9 of the French Consumer Code;

  • is not required to prove the existence of the lack of conformity for twenty-four (24) months following delivery of the Product, except for second-hand Products for which the period is six (6) months.

The Buyer may also decide to invoke the warranty against hidden defects within the meaning of Article 1641 of the French Civil Code. In that case, the Buyer may choose between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

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 available on the Site.

10. FORCE MAJEURE

Any event of force majeure within the meaning of Article 1218 of the French Civil Code will result in the suspension of the obligations in these GTC that are affected by the force majeure event, and the party affected by the force majeure event will not be held responsible for its inability to perform those obligations. That party must inform the other party of such an event within fifteen (15) days of its 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 via the Site.

In particular, the Seller does not guarantee that the Products are suitable for specific uses intended by the Buyer, who remains solely responsible for assessing whether the Products meet their needs.

The Seller cannot be held liable in the event of use of the Products that is not consistent with their intended purpose.

Furthermore, the Seller takes the greatest care and accuracy in posting information online, Product descriptions, and their regular updating. However, the Seller cannot be held liable for non-substantial errors that may occur. Likewise, images of Products offered for sale on the Site cannot be considered contractual, as they may differ from reality—for example, colors, fabrics, or textures may differ from the actual Products for reasons not attributable to the Seller, including, among other things, the internet browser and/or characteristics of the equipment used by the Buyer.

The Seller cannot be held liable for:

  • interruptions or delays on the Site or Customer Service due to maintenance work, technical failures, force majeure, or any circumstances beyond its control;

  • the Buyer’s temporary inability to access the Site or Customer Service due to events beyond the Buyer’s control, such as computer breakdowns, interruptions of the telephone network, the internet network, failure of internet reception equipment, etc.

The Seller cannot be considered liable for (i) loss, alteration, or fraudulent access to the Customer’s personal data, (ii) accidental transmission of viruses or other harmful elements resulting from internet access or email transmissions.

In any event, the Seller’s liability is limited to direct damages only.

12. MISCELLANEOUS PROVISIONS

12.1

These GTC do not govern the provision of services or sale of products by third-party companies, different from the Seller, that may be present on the Site via links, banners, or other hyperlinks. Before placing orders and purchasing any products or services offered by such third parties, Buyers are advised to carefully review the general terms and conditions of sale applicable to those products and services. The Seller cannot in any case be held liable for the provision of services and/or the execution of electronic transactions between Site users and third parties.

12.2

Each provision of these GTC must be considered separately and independently of the others. If any provision of these GTC is considered null, invalid, or unenforceable for any reason, this will not affect the validity and enforceability of the other provisions.

12.3

If the Seller does not require performance of a provision of these GTC at any time, this may not be interpreted as a waiver of the right to invoke that provision later.

13. APPLICABLE LAW AND DISPUTE RESOLUTION

13.1

These GTC are governed by French law.

13.2

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 in order to attempt to resolve the dispute amicably.

Failing amicable settlement, the Buyer may refer the matter free of charge to CMAP (Centre de Médiation et d’Arbitrage de Paris) to request mediation:

  • via the following form: 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 so that it can be handled as quickly as possible.

13.3

The European Commission also provides a platform for out-of-court dispute resolution, accessible at http://ec.europa.eu/odr.

13.4

Any difficulty or dispute concerning orders and/or these GTC that is not resolved through mediation will fall under the exclusive jurisdiction of the French courts.