General terms & conditions

The present terms and conditions shall apply to each and every offer, tender and agreement between Kymare and you, to which Kymare has declared the present terms and conditions applicable, insofar as parties have not explicitly deviated from the present terms and conditions in writing. By visiting Kymare.com, you are accepting and consenting the terms and conditions of Kymare.

Delivery
We do our best to dispatch all orders within 24 hours, however, please allow up to 7 days for delivery as external factors may cause delays.

Guarantee
Kymare shall guarantee that the goods to be delivered shall meet the usual requirements and standards that can be set for and made upon them and that they shall be free of any defect whatsoever.

The guarantee mentioned shall be valid for a period of 3 months following delivery.

Kymare shall give you a written order note. The order note apply as proof with respect to the guarantee.

If the good to be delivered does not comply with said guarantee, Kymare shall, at his discretion, replace or see to the repair of the good, within a reasonable period of time following receipt thereof, or, if the good cannot be returned in reason, following notification of the defect by you. In the event the good is replaced, you shall already now undertake to return the replaced good to Kymare and to transfer ownership of it to Kymare.

The guarantee mentioned for this purpose shall not apply when the defect originated as the result of injudicious or improper use or when you or third parties have introduced changes or tried to introduce changes to the good without Kymare's consent in writing or if they have used it for purposes for which the good was not intended.

Inspection & Complaints
You shall be held to inspect the delivered goods (to have the delivered goods inspected) the moment of delivery (handing over), but in any case in as short a period of time as possible. In this respect, you must examine whether the quality and the quantity of the delivered goods comply with what was agreed upon, or at least whether they meet the requirements applying to said goods in normal (business) transactions.

Possible visible shortcomings must be communicated in writing to Kymare within 7 days following delivery and this together with the simultaneous submission of the note of purchase and the defect good, unless the latter is impossible or unreasonably onerous.

You must inform Kymare of a non-visible defect within 7 days following its detection, but in any case before the guarantee period expires, observing the stipulations of the previous paragraph of the present article. When the guarantee period has expired, Kymare shall be entitled to charge you for all repair or replacement costs, including administration and shipment costs as well as call-out charges.

Payment / copy
Unless agreed upon otherwise, payment must be made net in Euro, US Dollar or British Pounds upon delivery.

We accept two payment methods:
-Paypal and credit card (worldwide)
-Ideal (Netherlands)
After receiving your payment at Kymare's account orders will be dispatched.

Returns
If you wish to return an item, you have to contact Kymare within 7 days of receiving your order.

You must enclose the 'order note' that came with the item and note that unidentified
returns / exchanges may returned to sender.

We may refuse to accept items returned more than 30 days after they have been delivered to you.

Kymare will not accept returns for any non-faulty items that have been worn and tags removed. Returns of swimwear will only be accept if the hygienic strip is in place.

Returns receives outside the above time frames are accepted at the discretion of Kymare
and can only be refunded as a 'store credit'.

Sale items can be exchanged for a different size or colour or be refunded as a 'store credit'.

Intellectual Property and Copyrights
Without prejudice to the other stipulations of the present general terms and conditions, Kymare shall reserve the rights and authorities to which user is entitled under the Copyright Act.

All documents, such as designs, drawings, films, trademarks and all other intellectual property and material rights including Kymare software and all HTML etc., must not be reproduced or copied by you without prior consent from Kymare, unless the nature of the documents provided dictates otherwise.

Disputes
The Court in Kymare's place of business shall have exclusive jurisdiction to hear actions, unless the District Court is the competent Court. Kymare shall nevertheless be entitled to submit the dispute to the Court deemed competent by the law.

Parties shall only refer the matter to the court if they have done their utmost to solve the dispute in mutual consultations.

Applicable Law
Dutch law shall apply to each and every agreement between Kymare and you. The Vienna Sales Convention shall be explicitly excluded.

Changes to the Terms and Conditions, interpretation and their location
The present terms and conditions have been filed at the office of the Chamber of Commerce in Central Gelderland.

The most recently filed version shall always apply, or, the case ensuing, the version valid at the time the agreement was concluded.