Terms and conditions
By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
These Terms and Conditions (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Kyamit.es Stores.
When these Terms mentions “Kyamit.es,” “we,” “us,” or “our”, it refers to the Kyamit.es company. If you use any of our services, we will refer to you using the terms “user”, “visitor”, “you”, “your”, “yours” in these Terms.
This website is owned and run by Kyamit.es, a brand of duly incorporated private limited company under the laws of Ireland, having a registration number of 633751 and registered office at 71 Lower Baggot Street, Dublin 2, Ireland. Kyamit.es is exempt for VAT in the Republic of Ireland, and pays on reception VAT in other EU countries.
Please read through these Terms in conjunction with our other policies prior to using this Website.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of this site’s owner or its content suppliers and protected by United States, European and international copyright laws. The compilation of all content on this site is the exclusive property of this site’s owner and protected by U.S., European and international copyright laws. All software used on this site is the property of this site’s owner or its software suppliers and protected by United States and international copyright laws. All photos representing people are automatically generated and do not represent real customers or models.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SITE’S OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE’S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE’S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
We do not sell your email address to anyone anywhere. We may occasionally send emails to you about new products or sales, including partners and our other sites offers. If you would not like to receive emails from us, just email us click the link on the email at the bottom of the email. If that doesn’t work, email us.
Kyamit.es is not responsible for typographical errors. All typographical errors are subject to correction. All orders will be reviewed. If any changes are needed Kyamit.es will contact you.
HOW THE CONTRACT IS FORMED
After placing an order, you will receive an email from Kyamit.es acknowledging that we have received your order (the “Order Confirmation”).
Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by Kyamit.es, and we will confirm such acceptance to you by sending you an email that confirms that the products have been dispatched (the ‘Dispatch Confirmation’). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Dispatch Confirmation.
The present conditions of sale aim to define the contractual relationship between Kyamit.es and the buyer and the conditions applicable to any purchase made through the Kyamit.es website, whether the buyer is a professional or a consumer.
The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these terms and conditions of sale.
These conditions of sale shall prevail over any other general or special conditions not expressly approved by Kyamit.es.
Kyamit.es reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The prices on the Website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.
Please note that certain large items of furniture will be delivered separately from non-furniture items.
You may pay using Visa, MasterCard credit/debit cards, Maestro cards, PayPal and Kyamit.es gift card. Your credit/debit card payment will be made through a secure Website. All payments are subject to authorisation by the card issuer. Card payments are subject to validation checks and authorisation by your card issuer. If your card issuer fails to authorise the payment to us, we will not be liable for any delay or non-delivery, and may not be able to form a Contract with you or we will not be able to proceed with your order. Kyamit.es must receive full payment for the order at the time the order is processed and before the product is dispatched. A Dispatch Confirmation email will then be sent you.
The Website may contain inaccuracies, typographical errors or other errors and may not always be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
Kyamit.es reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only one applicable to the buyer.
The prices indicated do not include transport and delivery costs provided that they take place in the geographical areas provided for below.
For all orders to French, Dutch, or other EU overseas departments and territories and countries outside the European Union, the possibility of a tax to be paid at the time of customs clearance cannot be excluded. To find out the rate in force, we invite you to check with your customs office.
The prices are firm and final when the order is validated. The buyer must imperatively check that the total price of the order corresponds to his expectations, otherwise the buyer should not place his order. No discount or credit note related to transport, VAT, customs duties or the price of the items will be made after validation of the order.
Upon receiving your order the payment process, Stripe Ltd. Carries out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Personal information provided during the order and registration process as a DunnesStores.com customer should be true, accurate, current and complete in all respects. If any information changes, please contact our Customer Service team or update your online account details accordingly.
3. STOCK AVAILABILITY
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we will send you an email advising you that we are unable to fulfil your order or one of our Customer Service team will contact you.
4. REFUSAL OF ORDER
Kyamit.es reserves the right to withdraw any products from this Website at any time and / or remove or edit any materials or content on this Website. Whilst we will use our reasonable endeavours to authorise payments submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an acknowledgement of receipt, which we reserve the right to do at any time, at our sole discretion. Kyamit.es will not be liable to you or any other third party by reason of our withdrawing any product from this Website, removing or editing any materials or content on this Website or for refusing to process or accept an order after we have received it or sent you an acknowledgement of receipt..
The online sale of the products and services presented in the site is reserved for buyers who reside in the European Community, any other order will be refused.
The buyer, who wishes to purchase a product or service, must obligatorily :
– Fill in the online form giving all the references of the products or services chosen;
– Validate his basket to transform it into an order;
– Fill in the identification form on which he will indicate all the requested details;
– Validate the order after checking it;
– Carry out the payment in accordance with the conditions provided;
Confirmation of the order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation of the right to invoke one’s own terms and conditions of purchase or other conditions.
All the data provided and the recorded confirmation will be considered as proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out.
The seller will send a confirmation of the registered order by e-mail.
The buyer authorises Kyamit.es to use his/her personal data (surname, first name, delivery address, telephone number, e-mail address) and to provide his/her delivery details to our transport partners in order to proceed with the delivery of the order.
In the event of an out-of-stock condition, the items concerned will be refunded.
7. Return of goods
All apparel and clothing, including and not limited to accessories, are made as a on-demand articles. As to Irish law related to goods make upon explicit request, no return is allowed.
For all other items, excluding items upon which use void their value, such as one use items, general return conditions accepted in the Republic of Ireland are admitted. If you are contracting online as a consumer and are an EU resident, the EU Consumer Rights Directive provides that you may cancel a Contract at any time within 14 days, beginning on the day after you received the products.
If you have purchased products from the Website and if you decide to cancel your order, the Directive provides that you must advise us within 14 days of receipt of the products. A template cancellation form is available on demand.
You must return the items to us at the above address. You will be responsible for any cost incurred or risk in returning products. You have a legal obligation to take reasonable care of the products while they are in your possession and you will be responsible for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning.
Under the Directive if you fail to inform us within the 14 day period you will not have a right to cancel the Contract and return the products. This does not affect your statutory rights and you may still be able to return products under our General Refund Policy.
Please note: Items that have been marked are not affected by the withdrawal period and therefore cannot be returned. All items to be returned must be returned in their original packaging under the same conditions as those in which they were shipped. The right of withdrawal does not apply to goods that have been unsealed and cannot be returned for reasons of hygiene.
Other than aformentioned cases, refunds/exchanges cannot be given by statutory law and this contract (save as otherwise provided) on:
- Face masks/coverings either sealed or unsealed.
- Underwear – if the items are returned unsealed or not in the original packaging (if applicable) or without the swing tags or hanger (if applicable).
- Swimwear, lingerie (for hygiene reasons if seal opened/removed after delivery)
- Pierced jewellery (for hygiene reasons if seal opened/removed after delivery)
- On demand books.
- Personal grooming products or cosmetics (for hygiene reasons if seal opened/removed after delivery)
- Bedding – sheets, duvet covers, pillowcases, duvets, pillows, etc. (for hygiene reasons if seal opened/removed after delivery)
- Curtains ((in packaging opened or damaged) (Note – this does not affect your right to return curtains)
- Other sealed goods which are not suitable for return for health protection and hygiene reasons and which were unsealed after delivery.
- Gift cards (Note – this does not affect your right to return gift cards under Clause 8 – Cooling-Off period)
- On demand books
- Perishable goods, fresh food and Christmas hampers containing perishable items.
This does not apply in respect of faulty, damaged or incorrectly supplied goods where your statutory rights are unaffected.
Please not a stamp fee of at least 1€50, meant to cover transaction costs, as provided by the law of Ireland, will be withhold on each return by us the seller.
8. Enforcement of intellectual property rights
In the case of an order for articles to be marked, the buyer assures KYAMIT.ES that the visuals and texts used are free of third party rights.
In the event of a claim for the violation of third party rights, the purchaser will release KYAMIT.ES from all liability. The purchaser is fully liable and will have to reimburse KYAMIT.ES for all damages incurred.
Purchasers, non-professional individuals, benefit from a 14-day retraction period from the delivery of their order to make a request for a return for a refund without penalty, except for the cost of return. For professional customers, 15% of the amount for handling costs will be deducted.
Return requests are to be made from the customer area, “My Orders” section.
Products that are subject to a marking requested by the buyer are not affected by the withdrawal period and therefore cannot be taken back.
10. After-Sales Service and Guarantees
10.1 Complaints concerning an order must be made from your customer area in the “My Orders” section within 14 days of the date of receipt of the package.
10.2 For a return-to-workshop guarantee, the appliance is sent for repair by the customer, carriage paid, in accordance with the manufacturer’s instructions.
11. Payment terms
Payment by credit card or bank transfer, is due at the time of order. If payments are made by credit card, they will be made through a secure system that uses SSL (Secure Socket Layer) protocol so that the information transmitted is encrypted by software and no third party can read it during transport on the network.
An invoice is available from the customer area, “My Orders” section as soon as the order is dispatched.
Deliveries are made to the address indicated in the order form, which can only be within the agreed geographical area.
In the event of damage during transport, a reasoned protest must be made to the carrier within three days of delivery.
Delivery times are only given as an indication; if they exceed thirty days from the order, the contract of sale may be terminated and the buyer reimbursed.
Any order for unprocessed items not claimed by the customer within 3 weeks after the seller has made them available (date of dispatch) will be considered as abandoned and will be cancelled by the seller; 15% of the amount for administration costs will be deducted.
Any marked order not claimed by the customer within 3 weeks after it has been made available by the seller (date of dispatch) shall be deemed to have been abandoned and shall be destroyed by the seller.
KYAMIT.ES does not offer the management of a delivery to a forwarding agent and therefore does not carry out any export formalities for a planned delivery in Europe.
KYAMIT.ES does not offer delivery to trade fairs, events and concerts.
KYAMIT.ES does not offer delivery to military addresses.
In case of marking by Kyamit.es of the products ordered :
13.1 The buyer undertakes not to supply any elements to be marked whose content does not contravene the laws in force in the countries concerned in terms of intellectual property, defamation, pornography, breach of morality, child protection, incitement to racial hatred and any other subject relating to respect for the human person; in general, the buyer undertakes not to infringe the rights of third parties, whatever they may be.
13.2 An order is not definitively taken into account until all the marking elements have been validated by our services. If this is not possible, the buyer will be contacted by Kyamit.es to find a solution or to cancel the order.
13.3 The marking dimensions are given as an indication and may be modified, at the discretion of the manufacturing operator, according to the visual provided, the cut and size of the products.
13.4 Under no circumstances does Kyamit.es guarantee a perfect match between the marking colours and the visual supplied by the buyer. For orders of several products, it is strongly recommended to order in advance to check that the item is in line with the final requirement.
13.5 Kyamit.es does not under any circumstances guarantee the functioning of QR codes and other bar codes.
13.6 Orders for textile marking are for one visual per personalisation surface. Mixing of visuals is only possible by placing several orders.
14. Lack of waiwer of intellectual property
All elements of the website are and remain the intellectual and exclusive property of Kyamit.es. No one is authorised to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound.
Any simple link or hypertext link is strictly forbidden without the express written consent of Kyamit.es.
15. Personal data
In accordance with the Irish law relating to data processing and the EU General Data Privacy Regulation (GDPR), data files and liberties of information of a personal nature relating to buyers may be subject to automated processing.
Kyamit.es reserves the right to collect information on buyers, including by using cookies, and, if it so wishes, to transmit the information collected to commercial partners after anonymisation.
Buyers may object to the disclosure of their details by notifying Kyamit.es. Similarly, users have the right to access and rectify data concerning them, in accordance with the GDPR.
The buyer authorises Kyamit.es to use his personal data (surname, first name, delivery address, telephone number, e-mail address) and to provide his delivery details to our transport partners in order to proceed with the delivery of the order.
16. Archiving – Proof
Kyamit.es will archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Irish Law
Kyamit.es’s computerised registers shall be considered by the parties as proof of communications, orders, payments and transactions between the parties.
17. Settlement of disputes
The present terms and conditions of online sale are subject to Irish law.
In the event of a dispute, jurisdiction is attributed to the competent courts of Dublin, notwithstanding plurality of defendants or appeal in warranty.
The total and cumulative liability of KYAMIT.ES , whatever the cause, is limited to the amount paid by the buyer to KYAMIT.ES for the order concerned. Under no circumstances will KYAMIT.ES be entitled to compensation for indirect and/or immaterial or moral damage, in particular financial or commercial damage such as loss of profit, loss of orders, operating loss, loss of data, loss of profit, damage to image, interruption of service, as well as damage of the same nature resulting from a claim against KYAMIT.ES by the purchaser due to damage suffered by a third party. Furthermore, KYAMIT.ES cannot be held liable for any damage to the customer’s data, as the customer is obliged to save this data at his own expense. KYAMIT.ES will under no circumstances reimplant this data on the equipment in the event of loss. In any case, PANICOSIM Pis released from all liability and cannot be held liable for compensation in cases of force majeure.
19. DISCLAIMER OF LIABILITY
Due to the nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this Website unless otherwise expressly set out on this Website.
All product descriptions, information and materials posted on this Website are provided “as is” and without warranties express, implied or otherwise howsoever arising.
We warrant to you that any product purchased from us through this Website is of satisfactory quality and reasonably fit for all of the purposes for which products of the kind are commonly supplied. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind, whether express or implied, in relation to the products.
Our liability in connection with any product purchased through our Website is strictly limited to the purchase price of that product. Nothing in this Clause will affect your statutory rights as a consumer or your Contract cancellation rights.
20. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. You agree that e-mail can be used as a long-distance means of communication.
Kyamit.es will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you have a complaint about Kyamit.es, please contact our Customer Service team here:
• via email to [email protected]
25. GOVERNING LAW & JURISDICTION
These Terms shall be governed by and constructed in accordance with the laws of the Republic of Ireland.
26. ENTIRE AGREEMENT
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Kyamit.es. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of Kyamit.es.
27. OTHER DECLARATIONS
Other declarations not present on this webpage named “Term and Conditions” , made by Kyamit.es, especially regarding grants to third parties and donations to third parties cannot be opposed as a contract or a specific contractual obligation against Kyamit.es, nor as any guararantee, waiwer or any other sort of legal statement, and do not have any legal binding force. Those declarations are made without consideration as a general good faith statement with the business beliefs.