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Terms and Conditions
1. OWNER.
KYRIOS SUIT LLC is a company legally incorporated under the laws of the United States of America, identified with FILE No. 804047778, with registered address at PO Box 33343 San Antonio Texas, 78265, which for the purposes of these terms shall be referred to as THE COMPANY.
This document governs the terms of access, browsing, and use of this website and purchases made through authorized distributors by THE CUSTOMER (or CUSTOMERS) and comprises an agreement with THE COMPANY that includes access to the website, access to information, and the availability of carrying out a commercial transaction.
Any person who registers on the Portal and/or completes a commercial transaction on it or through an authorized distributor declares that they know and accept each and every one of the provisions established in these Terms and Conditions. Consequently, all acts and contracts entered into on or through the website or with the authorized distributor shall be subject to the provisions contained in this document and in the applicable current legislation.
Any person who does not accept these Terms and Conditions and THE COMPANY’S Data Processing Policy, which are mandatory and binding, must refrain from using, accessing, registering, or carrying out any commercial act on or through the website.
This document incorporates the terms of additional documents, amendments, or modifications thereof.
2. GENERAL DEFINITIONS:
CUSTOMER means any individual who enters the website (https://www.kyriossuit.com/) with the intention of accessing, joining, browsing, and carrying out a commercial transaction, or any person who enters into a commercial transaction with any of our authorized distributors worldwide listed on the website. THE CUSTOMER shall act on their own behalf or on behalf of a legal entity, as applicable, and for such purpose must have full legal authority to carry out any contractual action (purchase).
WEBSITE means the digital place where all content that may be acquired by the user is hosted, including everything found thereon, the articles available for sale, and the informational and reference material; the website is operated by THE COMPANY.
This document contains all the parameters of use, rights, and obligations regarding the content of the website; it includes the provisions, parameters, and prohibitions for the proper use of all services and products marketed and made available to the user according to the specifications set forth in these terms and conditions.
3. PURPOSE
These terms and conditions shall be deemed read and accepted in their entirety by THE CUSTOMER, who acknowledges and agrees that they use the website and its services through authorized distributors at their own responsibility and risk, subject to the terms and conditions of this agreement.
4. PRODUCT OFFER AND COMMERCIAL TERMS
THE COMPANY offers through the website (https://www.kyriossuit.com/) and through authorized distributors, the commercialization of the KYRIOS suit and other items belonging to THE COMPANY.
At the time of selecting a product, THE CUSTOMER must choose and select the size thereof on the website or must indicate it to their distributor according to the size guide displayed on the website. THE CUSTOMER declares that they understand and accept that the size indicated on the product(s) and packaging may vary or differ from the size they normally wear, given that the manufacturer uses its own sizing and, many times, such sizing is based on the international measurement standards of the manufacturer’s or producer’s country of origin.
It is the responsibility of THE CUSTOMER to carefully review the information provided on the website, and in case of any doubt may request any information deemed necessary through THE COMPANY’S Customer Service area or directly from the authorized distributor. Product exchange for a different size shall proceed in accordance with the provisions of numeral 8 “Size Exchange.”
THE COMPANY has made an effort to ensure that the colors of the products shown in the photos are as close as possible to reality. However, product colors may vary due to factors such as lighting, contrast, the quality of the computer monitor on which they are viewed, among others; therefore, it cannot be guaranteed that the colors displayed on the website correspond exactly to the actual colors of the Products.
4.1 Out of Stock Inventory.
THE CUSTOMER declares that they understand and accept that situations may arise in which the product(s) become out of stock within the time period in which the transaction is completed once the order has been placed through the website. Under this circumstance, THE COMPANY is authorized to reverse the transaction and consequently refund the money paid for the out-of-stock product, or place the order on a waiting list, under a priority sequence according to the order of entry of new orders; in such case, this situation shall be informed to the customer immediately so that they may determine which option best suits them.
Should such a situation arise, the customer shall be informed promptly, without such circumstance generating any liability whatsoever for THE COMPANY, nor the right for THE CUSTOMER to request compensation for damages.
5. VALUE OF THE PRODUCT(S)
The prices established and published on the website are expressed in dollars and correspond to the unit price of each product. They do not include additional shipping charges, nor any other additional costs.
Additional charges, such as taxes or shipping costs incurred as a result of the purchase, shall be indicated and informed in the Order Summary prior to acceptance of the Order.
The prices established and informed by the authorized distributor vary and depend on the country where the commercial transaction takes place, and the currency of the transaction also varies accordingly; this value shall be informed previously to the final CUSTOMER.
THE COMPANY reserves the right to change at any time the price established on the website and/or by authorized distributors for the product(s), and to correct pricing errors that may occur inadvertently.
By purchasing the product(s), you agree that: (i) you have full legal capacity to carry out the transaction, (ii) you are entering into a legally binding agreement, and (iii) you commit to purchasing the product(s) and completing the purchase process through the payment platform established on the website and/or with authorized distributors.
6. SHIPPING AND DELIVERY
Once the purchase transaction has been completed and confirmed, THE COMPANY shall begin the process of preparing and shipping the product to the address or domicile provided by THE CUSTOMER, for which an approximate period of thirty (30) calendar days is established.
It is the obligation of THE CUSTOMER to inspect the Product(s) immediately after delivery.
In the event that THE CUSTOMER detects that the packaging of the Product(s) is damaged or open, they must proceed to open it and verify the condition of the product(s), leaving written evidence of such situation in the presence of the representative of the transportation company. Likewise, in the event of any failure, defect, or damage to the Product, THE CUSTOMER must contact the customer service area and report such situation and deliver and make the product available to THE COMPANY, in good condition, by virtue of their right as a consumer to proceed with the exchange.
Once the product(s) has/have been received by THE CUSTOMER or the person designated by them, THE COMPANY shall not be responsible for the loss or destruction of the delivered Product.
In the event that delivery cannot be made to THE CUSTOMER under the following circumstances:
i) Because THE CUSTOMER refuses to receive it without any justification;ii) Because THE COMPANY’S carrier cannot find the address or domicile provided by THE CUSTOMER. THE COMPANY (without prejudice to exercising any other available right or remedy) shall be authorized not to deliver the Product, for which it must first notify the Customer of the cancellation of their order and then proceed with the refund of the net value of the product(s).
The shipping cost of the Product(s) shall be set at an approximate value depending on the state or country to which it must be shipped, as well as other considerations such as weight, dimensions, and the transportation company’s own guidelines established for each case. Such value shall be informed to the Customer in the summary reflected in the shopping cart at the time of the transaction on the Portal or shall be informed directly by the authorized distributor.
7. INVOICE
The sales invoice with the details of the electronic transaction carried out by THE CUSTOMER shall be issued and sent electronically to the email address provided through the website. Additionally, it may be downloaded directly by THE CUSTOMER on the Portal by logging into their account under “My Orders,” or through our customer service channel when the purchase has been made through the WEBSITE.
If THE COMPANY detects a fraudulent or suspicious order carried out by dealers, resellers, or distributors, THE COMPANY reserves the right to reject such order. THE COMPANY also reserves the right to limit or cancel the units of product(s) purchased by THE CUSTOMER under the same transaction and destined for the same billing and/or shipping address.
In the event of such a situation and THE COMPANY decides to cancel or change an order, the customer shall be notified by email.
THE CUSTOMER agrees to provide truthful and complete information at the time of carrying out an electronic transaction through the website or through an authorized distributor. Therefore, THE CUSTOMER shall voluntarily provide their personal information, contact information, email address, address or domicile, card number, expiration date, solely for the purpose of completing the electronic transaction, proceeding with the shipment, and being contacted if necessary.
8. PRODUCT EXCHANGE
Because our product is considered a personal or intimate-use garment, the possibility of returning the product is established for health and safety reasons; therefore, THE COMPANY determines a return and refund policy (WITHDRAWAL RIGHT, validate terms and conditions).
The product(s) may only be exchanged for a different size under the condition that it HAS NOT BEEN USED, and/or has not deteriorated due to causes external to the customer. The customer shall have a period of five (5) days after receipt of the product(s) to inform THE COMPANY of the situation and proceed with the shipment through a transportation company.
For this purpose, THE CUSTOMER must contact Kyrios Suit customer service at contact@kyriossuit.com and/or via WhatsApp at +1 (210) 478-0294 or directly with the distributor authorized by Kyrios, where the current processes in force as of the date of the issue regarding the return process of the product shall be communicated, and the following shall also be required:
The use of a photo and/or video identifying the user’s measurements with a measuring tape, which must be accurate and governed by the recommended size chart.
These items must be in perfect condition, clean, complete, with the tags and labels still attached and in their original packaging.
Exchange of the garment is not valid when it has been used or does not meet any of the conditions described above.
Kyrios Suit LLC reserves the right to accept exchanges and returns upon prior analysis of the case.
To make a return, please contact our Customer Service Area through our Website https://www.kyriossuit.com, by email: contact@kyriossuit.com, or via Customer Service WhatsApp +1 (210) 478-0294, or through the authorized distributor when the purchase has been made through that channel. You must have the following information: Full name of the purchaser. Purchaser’s identification number. Contact WhatsApp number. Reason for exchange.
The customer service area shall contact you to indicate the exchange procedure, based on the conditions described above.
The Kyrios Suit is a garment that acts as a second skin, and as such is considered a support garment and therefore must fit snugly on the body; the properties of the fabric will cause the suit to stretch according to the suggested size chart. If you have doubts regarding use, we recommend consulting a specialist and/or physical rehabilitation professional, along with the recommendations and precautions for use. If you prefer and do not have an expert professional available, consider requesting a virtual appointment with one of our Kyrios Suit customer service advisors through our Customer Service WhatsApp communication channel +1 (210) 478-0294.
IMPORTANT: KYRIOS shall not assume shipping costs or customs duties when an exchange is requested by THE CUSTOMER; these must be assumed by the customer if it is a size exchange.
8.2. PAYMENT REVERSAL
THE CUSTOMER may request reversal of payment for a product purchased on the website and/or directly through the authorized distributor when the purchased product(s) is/are not received for reasons beyond their control, or the delivered product does not correspond to what was ordered or is defective.
THE CUSTOMER must notify KYRIOS THE COMPANY through the customer service area via email: contact@kyriossuit.com or via WhatsApp at +1 (210) 478-0294 or through the authorized distributor, within five (05) business days following the presumed date on which they should have received the product(s), of the issue concerning a defective product or a product they did not order. In the latter case, THE CUSTOMER must return the Product in accordance with the procedure established to exercise the right of withdrawal.
8.2.1 Returns under the right of withdrawal
To make a return or exercise your right of withdrawal (product DID NOT ARRIVE WITHIN THE STATED TIME AND/OR DELIVERY TIME PROMISE BY KYRIOS SUIT or ARRIVED DAMAGED) and receive your money back, you have up to 5 business days after receiving your purchase; after this period, such right is extinguished.
You must return the product to the transportation company, assuming the costs for return shipping.
The cost of returning the order and the new shipping cost must be borne by the buyer. When we receive your return and validate that the suit is in perfect condition, we will send you an email to arrange the payment corresponding to the shipping of the new garment.
Deadlines for money refunds
If the purchase was made with a credit card, the reversal or refund of the money will be made to the same payment method, that is, reversed to the credit or debit card within 10 business days.
Refund mechanism
If the payment method used was a credit or debit card through our website, the money is credited back to that payment method within 10 business days.
Important:
Money refunds are only made through the mechanisms described above.Refund timelines begin once the product is at our company’s facilities.To return the shipment, you must use the same packaging in which your order was delivered, or use packaging of your preference; however, it is important that the packaging be appropriate according to the nature of the product so that it is not affected during the transportation process.
8.3. TAXES
All applicable customs and import duties, taxes, and any other charges and fees are the responsibility of the customer (even if they reject any shipment at the time of delivery).
We ship your package DDU, “duties and taxes unpaid,” duties and/or taxes, and we cannot predict what your particular charges may be. If your order requires these additional charges, they must be paid by you so that your package can clear customs again.
The refund of money, regardless of the payment method, whether credit card or payment through debit card, shall be made through the same portal with which the purchase was originally made, to the account provided by THE CUSTOMER at the time of purchase.
9. PRODUCT WARRANTY
The product(s) marketed through the website shall have a warranty of thirty (30) calendar days counted from the receipt of the Product(s) by THE CUSTOMER.
If during this time any quality issue arises, you must report it to the customer service email contact@kyriossuit.com or to our Customer Service WhatsApp +1 (210) 478-0294 so that the procedure to follow may be indicated.
Depending on the reported issue, if the garment can be repaired, it shall be repaired and delivered fully functional to the customer.
Admission of a warranty claim is not synonymous with immediate replacement of the garment; this shall be determined by the quality process and/or customer service after reviewing the claim, in order to identify that the damage IS NOT THE RESULT OF MISUSE OR IMPROPER HANDLING OF WASHING INSTRUCTIONS.
Once the warranty coverage period has passed, it is not possible to address such issue.
The warranty may be claimed for defective conditions of the product(s) (stitching, finishes, quality of materials) when the product presents defects in quality or suitability; that is, when it has manufacturing or production deficiencies, and/or is not entirely fit for the intended use.
The repaired product or its replacement with a new one shall be sent to the customer at the address provided during registration or to the place indicated in writing to the KYRIOS customer service area.
If the product can be repaired, this process shall be carried out within thirty (30) business days following the day after the Product is received at the domicile of THE COMPANY producing KYRIOS. If it takes longer due to the complexity of the repair, the customer shall be informed accordingly.
If the Product cannot be repaired or the initial fault persists, the product shall be replaced with an identical one or one with similar characteristics. Repairs performed on the products shall have no cost, and transportation shall be assumed by KYRIOS.
If it is decided to replace the good with another equal or one with similar characteristics, the exchange shall be made within twenty (20) business days following the date on which the product subject to exchange is received at KYRIOS’ warehouses, and the warranty period shall begin to run again.
To request the effectiveness of the warranty, THE CUSTOMER must contact the Customer Service area (contact@kyriossuit.com - +1 (210) 478-0294) or directly the authorized distributor, inform the damage to the Product(s), and make it available to KYRIOS within fifteen (15) business days following the date on which the warranty request was filed.
Once the request has been filed by THE CUSTOMER, THE COMPANY shall proceed with the request to the transportation company so that a return shipping label may be generated, of which the customer shall be notified by email so that they may know the procedure to follow according to the shipping company’s instructions. It is important to note that THE CUSTOMER is solely responsible for sending the Product(s) to KYRIOS’ warehouses at its principal domicile or the address indicated by its authorized distributor; likewise, THE CUSTOMER must exhaust all resources within the indicated term in order to exercise their warranty right.
10. PERSONAL DATA PROCESSING POLICY
The PERSONAL DATA PROCESSING POLICY created by KYRIOS SUIT LLC is published at the bottom of the website https://www.kyriossuit.com/, where it may be clicked to learn in greater depth all aspects of collection and handling of the information provided by THE CUSTOMER.
Under the PERSONAL DATA PROCESSING POLICY, THE CUSTOMER declares that they understand and accept that once they supply and/or register on the Website or indicate information to the respective authorized distributor, they accept receiving blog notifications, offers, and information through their email; likewise, THE CUSTOMER has full authority to cancel their subscription or request deletion of their personal data at any time, in order not to receive further communications relating to THE COMPANY; under that understanding, KYRIOS shall deactivate or delete their data as applicable.
11. FREEDOM OF MODIFICATIONS
KYRIOS SUIT LLC, at any time and without authorization or prior notice, may modify the information contained on the website; with respect to prices, this information shall remain in effect until the moment of validation of the transaction made by THE CUSTOMER, thus obligating THE COMPANY to maintain the conditions initially offered and in force at the time of the transaction.
THE COMPANY reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice at any time.
12. ACCURACY AND TRUTHFULNESS OF INFORMATION
Through this website, excerpts of opinions and concepts formulated by knowledgeable persons in the field of physiotherapy and other related professions are shared; however, notwithstanding the expertise of the persons participating in the BLOG, KYRIOS THE COMPANY is not responsible for inaccuracies or the truthfulness of the information available on the website.
The content or material presented on this website is only of a general informational nature; therefore, it is the responsibility of the website user regarding the handling and use they make of such information. It should not be relied upon or used as the sole basis for making decisions without consulting other sources of information that are more accurate, more complete, or more timely.
In no event shall THE COMPANY, our directors, officers, employees, brand ambassadors, suppliers, service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, among others, loss of profits, loss of profits, loss of savings, loss of data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from the use of the services and product(s) established on the website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any error or omission in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our our liability shall be limited to the maximum extent permitted by law.
13. PROTECTION OF INTELLECTUAL PROPERTY
All visual content, design, functionality, user experience, metadata, programming code, animations, graphics, writings, photographs, etc., belong to THE COMPANY. Likewise, it is established that the product(s) are protected through a Utility Model Patent title in favor of THE COMPANY.
All content hosted and the product(s) established on the website are protected by Intellectual Property Rights.
The company KYRIOS SUIT LLC has authorization for the use of image rights over photographs or analogous and/or digital photographic procedures, or audiovisual productions (videos), from the guardians or persons responsible for the minors who have been part of the COMPANY’S advertising campaigns.
If you believe that the content available through the website infringes copyright or your Intellectual Property, please notify THE COMPANY following the guidelines established under the Digital Millennium Copyright Act of 1998 ("DMCA") through the email contact@kyriossuit.com with the subject line DMCA.
14. PROHIBITED USES
When THE CUSTOMER makes improper use of and/or fails to comply with the terms and conditions set forth in this agreement, they shall be solely responsible for the damages caused to THE COMPANY.
The content of the website may not be used for or related to the following actions: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, state, or local regulation, rule, law, or ordinance; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by THE COMPANY on this website constitute the entire agreement and understanding regarding the offer, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against THE COMPANY.
16. APPLICABLE LAW
This agreement shall be interpreted in accordance with the laws of THE UNITED STATES OF AMERICA, without giving rise to conflicts of law (Private International Law). If any statement of these Terms and Conditions is incomplete, unenforceable, declared null, nonexistent, or ineffective, it shall be interpreted within the framework of the same and in any case shall not affect the validity and enforceability of the remaining provisions.
17. CONTACT
The Customer Service area shall handle users’ requests, complaints, claims, and inquiries through the following channels: via WhatsApp +1 (210) 478-0294 or by email at contact@kyriossuit.com, during business hours: Monday through Friday from 07:00 a.m. to 4:00 p.m. in the GMT-6 time zone, or directly with the distributor authorized by the COMPANY.
18. GENERAL TERMS AND CONDITIONS OF USE FOR PAYPAL PAYERS
THE CUSTOMER declares that they understand and accept that, in the event they use the payment gateway (PayPal), the general terms and conditions of use for buyers shall apply, which may be reviewed directly on the website www.payu.com.co.
These conditions become effective as of August 1, 2021.