TERMS AND CONDITIONS
1. INTRODUCTION
Welcome to KIBYS.
Thank you for visiting our online store. At KIBYS, we believe summer is more than a season—it's a way of life. These Terms and Conditions ("Terms") govern your access to and use of our international website, including all purchases made through the website, customer accounts, digital services, and any related features offered by KIBYS.
Please read these Terms carefully before using our website or placing an order.
By accessing, browsing, registering an account, or purchasing products through this website, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms, our Privacy Policy, Shipping Policy, Return & Exchange Policy, and any additional policies referenced herein.
If you do not agree with these Terms, you must immediately discontinue using this website.
These Terms constitute a legally binding agreement between you ("Customer", "User", "you" or "your") and KIBYS S.A.S. ("KIBYS", "we", "our", or "us").
KIBYS reserves the right to modify these Terms at any time. Any modifications become effective immediately upon publication on this website. Continued use of the website after such modifications constitutes acceptance of the updated Terms.
2. ELIGIBILITY
By using this website, you represent and warrant that:
· You are at least eighteen (18) years old, or the legal age of majority in your country of residence.
· You have the legal capacity to enter into binding contracts.
· All information provided to KIBYS is accurate, complete, and current.
· You will use this website solely for lawful purposes.
· If you are accessing this website on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
3. DEFINITIONS
For purposes of these Terms, the following definitions shall apply:
· Account means the personal profile created by a Customer to access certain features of the website.
· Customer means any individual or legal entity purchasing products through the website.
· Gift Card means any prepaid digital or physical gift certificate issued by KIBYS.
· Order means a purchase request submitted by the Customer through the website.
· Products means all merchandise offered for sale by KIBYS.
· Services means all services provided through the website, including customer support, newsletters, promotional campaigns, account management, and digital communications.
· Website means the official KIBYS international online store and all associated webpages.
4. USER ACCOUNT
Customers may create an account to facilitate future purchases and access certain features of the website.
When creating an account, you agree to:
· Provide truthful, accurate, and complete information.
· Maintain and promptly update your account information.
· Keep your username and password confidential.
· Accept full responsibility for all activities conducted through your account.
KIBYS is not responsible for unauthorized access resulting from your failure to protect your login credentials.
You must notify KIBYS immediately if you believe your account has been compromised.
KIBYS reserves the right to suspend, restrict, or permanently terminate any account that:
· Contains false or misleading information;
· Is used for fraudulent activities;
· Violates these Terms;
· Interferes with the proper operation of the website; or
· Is used in any manner that may harm KIBYS, its customers, or third parties.
5. PRODUCTS
KIBYS strives to ensure that all product descriptions, specifications, pricing, photographs, videos, measurements, colors, and other information displayed on the website are accurate.
However, KIBYS does not warrant that all descriptions, images, or other content are completely accurate, current, or error-free.
Because colors may appear differently depending on individual monitor settings, mobile devices, browsers, lighting conditions, and manufacturing variations, KIBYS cannot guarantee that the color displayed on your screen will exactly match the color of the delivered product.
Minor differences in color, texture, print placement, stitching, measurements, or other aesthetic characteristics shall not be considered manufacturing defects.
All measurements provided on the website are approximate and may vary slightly due to production processes.
Product availability is subject to inventory.
The inclusion of a Product in your shopping cart does not reserve inventory nor guarantee product availability.
6. PRODUCT AVAILABILITY
KIBYS makes every reasonable effort to maintain accurate inventory levels.
Nevertheless, due to simultaneous purchases, technical errors, inventory synchronization delays, or other unforeseen circumstances, certain Products may become unavailable after an Order has been submitted.
In such cases, KIBYS reserves the right to: Cancel the affected Order, in whole or in part; Offer an alternative Product; Issue a store credit; or Refund the amount paid using the original payment method.
KIBYS shall not be liable for any indirect or consequential damages arising from Product unavailability.
7. PRICING
All prices displayed on the Website are shown US Dollars (USD).
Prices do not necessarily include customs duties, import taxes, brokerage fees, local VAT, sales taxes, or any governmental charges imposed by the destination country unless expressly indicated during checkout.
KIBYS reserves the right to modify prices at any time without prior notice.
The applicable price shall be the one displayed at the time the Customer submits the Order.
In the event of typographical errors, pricing inaccuracies, technical malfunctions, system failures, or obvious pricing mistakes, KIBYS reserves the right to cancel any affected Order before shipment, even if payment has already been authorized or captured.
If payment has already been processed, KIBYS will promptly issue a full refund.
Price adjustments will not be made for Products purchased prior to any promotional event or subsequent price reduction.
8. PROMOTIONAL OFFERS
From time to time, KIBYS may offer promotional campaigns, discount codes, early-access events, seasonal sales, loyalty benefits, or exclusive offers.
Unless expressly stated otherwise:
· Promotional offers cannot be combined.
· Promotional codes are valid only during the advertised period.
· Promotional codes may not apply to selected collections or limited-edition Products.
· Promotions have no cash value.
· Promotional benefits are non-transferable.
KIBYS reserves the right to cancel or modify any promotion without prior notice in cases of fraud, technical errors, or circumstances beyond its reasonable control.
Any abuse of promotional campaigns, including the creation of multiple accounts, unauthorized resale, automated purchasing, or any attempt to circumvent promotional restrictions, may result in cancellation of the Order and suspension of the Customer's account.
9. ORDER ACCEPTANCE
Once you place an Order through the Website, you will receive an email acknowledging that your Order has been received. This acknowledgment does not constitute acceptance of your Order and does not create a binding sales agreement.
All Orders are subject to review and acceptance by KIBYS.
KIBYS reserves the right, at its sole discretion, to refuse, reject, limit, or cancel any Order before shipment, including but not limited to the following circumstances:
Product unavailability or inventory discrepancies; Errors in pricing, product descriptions, images, or technical information; Suspected fraudulent activity; Payment authorization failure; Orders placed for unauthorized resale or commercial purposes; Violation of these Terms and Conditions; Requests made through automated purchasing systems, bots, or similar technologies; Circumstances beyond KIBYS' reasonable control.
If an Order is cancelled after payment has been processed, KIBYS will issue a refund using the original payment method.
The sales agreement is considered concluded only when the Products have been shipped and the Customer receives the corresponding shipping confirmation.
10. PAYMENT METHODS
KIBYS accepts the payment methods displayed during the checkout process.
Payments are securely processed through authorized third-party payment providers. KIBYS does not collect or store complete payment card information.
By submitting payment information, you represent and warrant that:
· You are legally authorized to use the selected payment method;
· All payment information provided is accurate and complete;
· The payment method has sufficient funds or credit available.
KIBYS reserves the right to refuse any transaction that cannot be properly verified.
11. FRAUD PREVENTION AND PAYMENT VERIFICATION
To protect both our Customers and KIBYS against fraudulent transactions, all Orders may be subject to security verification.
KIBYS may request additional information before approving an Order, including but not limited to:
Government-issued identification; Proof of address; Confirmation from the payment card holder; Verification of billing information; Additional documentation reasonably necessary to validate the transaction.
Failure to provide the requested information within a reasonable period may result in cancellation of the Order.
KIBYS reserves the right to report suspected fraudulent activities to financial institutions and the appropriate authorities.
12. PRE-ORDERS AND EXCLUSIVE RELEASES
From time to time, KIBYS may offer Products for pre-order or limited-edition releases.
Estimated shipping dates provided for pre-orders are approximate and may change due to production schedules, customs procedures, supplier delays, or circumstances beyond KIBYS' reasonable control.
Customers purchasing pre-order Products acknowledge that delivery times may differ from standard shipping times.
If an Order contains both pre-order and in-stock Products, KIBYS may ship all Products together or separately, at its discretion.
For exclusive product launches, KIBYS reserves the right to limit the quantity of Products available per Customer, household, shipping address, payment method, or account in order to ensure fair access and prevent unauthorized resale.
Orders identified as using bots, automated purchasing software, or similar technologies may be cancelled without prior notice.
13. SHIPPING
KIBYS ships internationally to selected countries.
Shipping availability may vary depending on the destination country and applicable import regulations.
Estimated delivery times are provided for informational purposes only and should not be considered guaranteed delivery dates.
Delivery times may be affected by:
Customs inspections; Weather conditions; National holidays; Transportation disruptions; Carrier delays; Force majeure events; Government restrictions.
Once an Order has been delivered to the shipping carrier, ownership and risk of loss transfer to the Customer to the extent permitted by applicable law.
KIBYS is not responsible for delays caused by shipping carriers, customs authorities, or events beyond its reasonable control.
Customers are solely responsible for providing a complete and accurate shipping address.
Additional shipping costs resulting from incorrect or incomplete addresses may be charged to the Customer.
If a shipment is returned because the Customer refused delivery, failed to provide required customs documentation, failed to pay applicable import charges, or supplied an incorrect shipping address, KIBYS reserves the right to deduct all shipping, return shipping, customs, handling, and administrative costs from any refund.
14. CUSTOMS DUTIES, TAXES AND IMPORT CHARGES
International shipments may be subject to customs duties, import taxes, value-added taxes (VAT), brokerage fees, clearance charges, and other governmental assessments imposed by the destination country.
Unless expressly indicated during checkout, these charges are not included in the purchase price or shipping fees.
The Customer is solely responsible for paying all applicable customs duties, taxes, governmental fees, and import charges.
KIBYS has no control over these charges and cannot predict their amount, as they vary by country.
Failure to pay applicable customs charges may result in shipment delays, refusal of delivery, return of the shipment, or destruction of the Products by customs authorities.
KIBYS shall not be responsible for any losses arising from such circumstances.
15. RETURNS AND EXCHANGES
Returns and exchanges are governed by the KIBYS International Return & Exchange Policy, which forms an integral part of these Terms.
Products returned must: Be unused; Be unworn; Be unwashed; Contain all original tags; Include original hygienic protection where applicable; Be returned in their original packaging.
For hygiene reasons, swimwear, bodysuits, underwear, and similar intimate garments may only be returned or exchanged if the hygienic protection remains fully intact and the Product has not been worn or altered.
KIBYS reserves the right to reject any return that does not comply with these conditions.
Refunds will be processed using the original payment method unless otherwise agreed.
Shipping costs, customs duties, taxes, and governmental fees are generally non-refundable unless required by applicable law.
Unless otherwise required by applicable law, Customers are responsible for all shipping costs associated with returns. In the case of an exchange, the Customer shall bear the cost of shipping the original Product back to KIBYS, and KIBYS shall bear the cost of shipping the replacement Product to the Customer.
16. DEFECTIVE PRODUCTS
If you believe a Product has a manufacturing defect, you must contact KIBYS Customer Service as soon as reasonably possible after receiving the Product.
Customers may be required to provide photographs, videos, or additional information to facilitate the evaluation process.
KIBYS reserves the right to inspect the returned Product before determining whether the reported issue qualifies as a manufacturing defect.
Normal wear and tear, accidental damage, improper care, misuse, alterations, or failure to follow care instructions shall not be considered manufacturing defects.
If KIBYS determines that the Product contains a manufacturing defect, KIBYS may, at its discretion:
Repair the Product; Replace the Product; Issue store credit; or Provide a refund.
17. GIFT CARDS
KIBYS may offer physical or digital Gift Cards.
Gift Cards may only be redeemed through the KIBYS Website; Cannot be redeemed for cash except where required by applicable law; May not be reloaded unless expressly stated; Are not refundable after purchase; May not be resold without prior authorization.
KIBYS is not responsible for lost, stolen, unauthorized, or fraudulently used Gift Cards.
Gift Cards remain subject to any additional terms published at the time of issuance.
18. PROMOTIONAL CODES
Promotional codes are intended solely for the purposes described in the applicable promotion.
Unless expressly stated otherwise:
· Only one promotional code may be applied per Order.
· Promotional codes cannot be applied retroactively.
· Promotional codes may not be exchanged for cash.
· Promotional codes may exclude selected collections.
· Promotional codes cannot be transferred or sold.
KIBYS reserves the right to cancel any promotional code or refuse any Order if it reasonably believes that the promotion has been abused or used contrary to its intended purpose.
19. WEBSITE USE
The Website and all of its content are intended solely for lawful personal, informational, and shopping purposes.
By accessing the Website, you agree to use it responsibly and in accordance with these Terms.
You agree not to Use the Website for any unlawful or fraudulent purpose; Interfere with or disrupt the operation or security of the Website; Attempt to gain unauthorized access to any portion of the Website, servers, databases, or connected systems; Introduce viruses, malware, ransomware, spyware, or any other malicious software; Use automated systems, bots, scripts, crawlers, or scraping technologies to access, monitor, copy, or purchase Products from the Website; Circumvent any security measures implemented by KIBYS; Engage in any activity that could overload, damage, disable, or impair the Website or its infrastructure; Impersonate another person or entity; Submit false, misleading, or inaccurate information.
KIBYS reserves the right to restrict or terminate access to the Website for any User who violates these Terms.
20. INTELLECTUAL PROPERTY
All content available on the Website is the exclusive property of KIBYS or its licensors and is protected by applicable intellectual property laws.
This protection includes, but is not limited to:
The KIBYS name; Trademarks; Logos; Trade dress; Product names; Textile prints; Original artwork; Product designs; Photographs; Videos; Campaign imagery; Editorial content; Website design; Graphic elements; Icons; Illustrations; Text; Software; Source code; Databases; Marketing materials.
Nothing contained on the Website shall be interpreted as granting any license or right to use any intellectual property owned by KIBYS without prior written authorization.
21. RESTRICTIONS ON USE OF KIBYS CONTENT
Except as expressly permitted by applicable law, Users may not:
Copy; Download; Reproduce; Publish; Modify; Translate; Reverse engineer; Sell; Distribute; Commercialize; Create derivative works from; Publicly display; Publicly perform; Exploit any Website content without prior written authorization from KIBYS.
In particular, the use of KIBYS photographs, videos, campaign images, editorial content, product descriptions, textile prints, graphic assets, or branding for commercial purposes is strictly prohibited.
Unauthorized use may result in legal action, including claims for damages and injunctive relief.
22. THIRD-PARTY SERVICES AND LINKS
The Website may contain links to third-party websites, applications, payment providers, logistics providers, or social media platforms.
These third-party services operate independently from KIBYS.
KIBYS does not control and is not responsible for:
Their content; Their privacy practices; Their availability; Their security; Their terms and conditions; Their products or services. Accessing third-party websites is entirely at the User's own risk.The inclusion of any third-party link does not constitute an endorsement by KIBYS.
23. SOCIAL MEDIA
KIBYS maintains official profiles on various social media platforms.
Any communication, promotion, contest, campaign, giveaway, or interaction conducted through social media remains subject to these Terms, unless additional rules are expressly published.
Users may not create fake profiles impersonating KIBYS or use the KIBYS name, trademarks, logos, or visual identity in a manner likely to cause confusion.
KIBYS reserves the right to report fraudulent accounts and take appropriate legal action.
24. WEBSITE AVAILABILITY
Although KIBYS strives to maintain uninterrupted access to the Website, continuous availability cannot be guaranteed.
The Website may be temporarily unavailable due to:Scheduled maintenance; Software updates; Security improvements; Technical failures; Internet outages; Cybersecurity incidents; Third-party service interruptions; Force majeure events.
KIBYS shall not be liable for temporary interruptions, delays, errors, or inability to access the Website resulting from circumstances beyond its reasonable control.
25. FRAUDULENT ACTIVITY
KIBYS actively monitors transactions and Website activity to detect fraudulent behavior.
KIBYS reserves the right to:Suspend Customer accounts; Cancel Orders; Refuse future purchases; Block IP addresses; Limit Website access; Report suspicious activity to payment providers, financial institutions, shipping carriers, and governmental authorities.
Examples of prohibited conduct include: Identity theft; Credit card fraud; Chargeback fraud; Account takeover; Promotional abuse; Unauthorized resale; Automated purchasing; False refund claims; Submission of false documentation.
26. DISCLAIMER OF WARRANTIES
The Website, its content, and all Products and services made available through it are provided on an "as available" and "as is" basis, to the fullest extent permitted by applicable law.
While KIBYS makes every reasonable effort to ensure the accuracy, reliability, and availability of the Website, KIBYS does not warrant that:
The Website will always operate without interruption; The Website will be error-free or free of viruses or harmful components; Any defects or technical issues will be corrected immediately; Information displayed on the Website will always be complete, accurate, or current; The Website will meet every Customer's individual expectations or requirements.
Nothing in these Terms excludes or limits any warranty that cannot legally be excluded under applicable consumer protection laws.
27. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, KIBYS shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to:
Use of or inability to use the Website; Delays in delivery caused by shipping carriers or customs authorities; Product unavailability; Pricing or typographical errors; Website interruptions; Internet outages; Third-party services; Loss of profits; Loss of business opportunities; Loss of goodwill; Loss of data.
Nothing contained in these Terms shall limit or exclude liability for fraud, willful misconduct, gross negligence, death, personal injury, or any liability that cannot legally be excluded under applicable law.
Where liability cannot be excluded, KIBYS' liability shall be limited to the maximum extent permitted by law.
28. FORCE MAJEURE
KIBYS shall not be liable for any delay or failure to perform its obligations when such delay or failure results from events beyond its reasonable control.
Force majeure events include, without limitation: Natural disasters; Floods; Fires; Earthquakes; Pandemics; Epidemics; Government actions; War; Terrorist acts; Civil unrest; Labor strikes; Transportation disruptions; Supply chain interruptions; Cyberattacks; Power outages; Telecommunications failures; Customs restrictions; Acts or omissions of governmental authorities.
KIBYS will make commercially reasonable efforts to resume normal operations as soon as circumstances permit.
29. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless KIBYS, its affiliates, directors, officers, employees, agents, contractors, licensors, distributors, successors, and assigns from and against any claims, losses, liabilities, damages, costs, expenses, or legal fees arising from:
Your violation of these Terms; Your misuse of the Website; Your violation of applicable laws; Your infringement of any third-party rights; Any fraudulent, negligent, or unlawful conduct committed by you.
This indemnification obligation shall survive termination of these Terms.
30. PRIVACY
Your privacy is important to us.
The collection, processing, storage, transfer, and protection of your personal information are governed by the KIBYS Privacy Policy, which forms an integral part of these Terms.
By using the Website, you acknowledge that you have read and accepted the Privacy Policy.
31. ELECTRONIC COMMUNICATIONS
By using the Website or communicating electronically with KIBYS, you consent to receive communications electronically.
These communications may include: Order confirmations; Shipping notifications; Customer service responses; Promotional communications (where permitted by applicable law); Legal notices; Updates regarding these Terms.
Electronic communications satisfy any legal requirement that communications be made in writing.
32. MODIFICATIONS TO THESE TERMS
KIBYS reserves the right to amend, update, modify, or replace these Terms at any time.
The most current version will always be published on the Website.
Material changes may be communicated through the Website or by other reasonable means when appropriate.
Continued use of the Website following publication of updated Terms constitutes acceptance of those modifications.
33. SEVERABILITY
If any provision of these Terms is determined by a court or competent authority to be invalid, unlawful, or unenforceable, such provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
34. NO WAIVER
Failure by KIBYS to enforce any provision of these Terms shall not constitute a waiver of any rights or remedies available to KIBYS.
Any waiver shall be effective only if made expressly and in writing.
35. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, Shipping Policy, Return & Exchange Policy, and any additional policies expressly incorporated by reference, constitute the entire agreement between KIBYS and the Customer regarding the use of the Website and the purchase of Products.
They supersede all prior communications, understandings, negotiations, or agreements relating to the same subject matter.
36. CONTACT INFORMATION
Questions regarding these Terms and Conditions may be directed to KIBYS through the official contact channels available on the Website:
Website: https://shop.kibys.com.co
Or email: mvallejo@kibys.com.co
Customer Service contact information published on the Website shall be considered the official communication channels for purposes of these Terms.
