Contents

1. About These Terms

These Terms and Conditions govern your access to and use of genyx.store, including all purchases made through the website.

The website is operated under the trading name GENYX Store. References in these Terms to “GENYX,” “GENYX Store,” “we,” “us” or “our” mean the legal trader operating the website and identified in the Legal Information or Contact section of the website.

References to “you” or “your” mean any person who accesses the website, creates an account or places an order.

GENYX Store is an online retailer offering clothing, activewear, fashion accessories and related lifestyle products. These Terms apply exclusively to products and services offered through genyx.store.

By accessing the website or placing an order, you agree to be bound by:

• these Terms and Conditions; • our Privacy Policy; • our Cookie Policy; • our Shipping Policy; • our Returns and Refunds Policy; and • any specific conditions displayed on the relevant product or promotional page. Nothing in these Terms limits any mandatory rights that you may have under applicable consumer law.

2. Trader Information

The legal identity of the trader operating GENYX Store, together with the legally required contact and registration information, is displayed in the Legal Information or Contact section of the website.

Questions concerning the website, an order, a return or these Terms may be submitted through the official customer-service email address or Contact page displayed on genyx.store.

3. Eligibility to Purchase

You must be at least eighteen years old and legally capable of entering into a binding agreement to place an order through the website.

A person under eighteen may use the website only with the knowledge, supervision and authorisation of a parent or legal guardian.

By placing an order, you confirm that:

• the information provided by you is complete and accurate; • you are authorised to use the selected payment method; • you are purchasing the products for lawful purposes; and • you have the legal capacity to enter into the purchase contract. We may refuse or cancel an order where we reasonably believe that these requirements have not been satisfied.

4. Website Accounts

You may be permitted or required to create an account to access certain website features.

You are responsible for:

• keeping your login details confidential;
• maintaining accurate account information; • restricting unauthorised access to your account and device; and • notifying us promptly if you suspect unauthorised account activity. We may suspend or close an account where we reasonably believe that it has been used fraudulently, unlawfully, abusively or in breach of these Terms. Closing an account does not affect any rights or obligations arising from orders placed before closure.

5. Clothing and Product Information

We take reasonable care to ensure that product descriptions, photographs, specifications, materials, prices and sizing information are accurate.

However, you acknowledge that:

• colours may appear differently depending on your device, screen settings and lighting; • minor variations may exist between photographs and the physical product; • measurements are approximate unless expressly stated otherwise; • the position of prints, embroidery, patterns or distressed details may vary slightly; • fit may differ depending on the garment’s cut, fabric, construction and intended style; and • product packaging or minor design details may occasionally be updated without materially changing the product. These minor variations will not constitute a defect where they do not materially affect the product’s quality, function, appearance or essential characteristics. This section does not limit your rights where a product is faulty, materially misdescribed or otherwise not in conformity with the purchase contract.

6. Sizing and Fit

Sizing information and size guides are provided for guidance.

GENYX garments may have different intended fits, including fitted, compression, regular, relaxed or oversized fits. You should review the description and size guide for the individual product before purchasing.

Sizing may vary between different products, fabrics and collections.

Where our customer-service team provides a sizing recommendation, the recommendation will be based on the measurements and information supplied by you. Such assistance is provided in good faith but does not guarantee that a particular size will fit every individual.

7. Prices, VAT and Additional Costs

Product prices are displayed in the currency shown or selected on the website.

Where legally applicable, prices displayed to customers in the European Union include value added tax.

Delivery costs and any other applicable charges will be clearly displayed before you place the order.

For deliveries outside the European Union, the recipient may be responsible for:

• import duties; • customs charges; • local taxes; • brokerage charges; • clearance fees; or • other governmental or courier-imposed charges. Unless expressly stated otherwise during checkout, these international charges are not included in the product price or delivery fee and remain the responsibility of the recipient. We may change our prices at any time. A price change will not affect an order that we have already accepted, except in the case of an obvious and unmistakable pricing error.

8. Pricing and Website Errors

We take reasonable steps to ensure that prices and product information are correct. However, administrative, technical or typographical errors may occasionally occur.

Where a product has been listed at an obviously incorrect price, we may contact you before accepting or dispatching the order and offer you the option to:

1. proceed with the purchase at the correct price; or

2. cancel the affected product and receive a full refund.

We will not rely on this provision to avoid honouring a price that a reasonable customer could legitimately have understood to be genuine.

9. Placing an Order

Products placed in your shopping cart are not reserved and may remain available for purchase by other customers until checkout has been completed.

Before placing an order, you will be given an opportunity to review and correct:

• the selected products; • sizes and colours; • quantities; • delivery information; • delivery method; and • payment information. By selecting the final payment or order-confirmation button, you submit an offer to purchase the selected products under these Terms. An automated order acknowledgement confirms that we have received your order. It does not necessarily mean that the order has been accepted.

10. Order Acceptance

A binding purchase contract is formed when we send you a dispatch confirmation or otherwise expressly confirm that the order has been accepted.

We may refuse or cancel an order before acceptance for legitimate reasons, including:

• product unavailability; • unsuccessful payment authorisation; • incomplete or inaccurate information; • suspected fraud or unauthorised payment use; • an obvious pricing or product-information error; • delivery restrictions affecting the destination; • breach of a stated product-purchase limit; • suspected abuse of promotions or returns; or • circumstances in which fulfilling the order would be unlawful. Where payment has already been collected for an order that we do not accept, the amount collected will be refunded through the original payment method.

11. Product Availability and Limited Drops

All products are subject to availability.

Certain GENYX collections may be released as limited-edition products or limited-stock drops. Adding a limited product to your shopping cart does not reserve it.

We may impose reasonable purchase limits per:

• customer; • account; • household; • payment method; or • delivery address. These limits are intended to protect product availability and prevent fraudulent or unauthorised commercial purchasing. Where part of an order becomes unavailable, we may:
• cancel and refund the unavailable product; • contact you to offer an alternative; or • dispatch the remaining available products separately. We will not substitute a product without your agreement.

12. Pre-Orders

Products clearly marked as “Pre-Order” are not available for immediate dispatch.

The estimated dispatch or release date will be displayed on the relevant product page. Such dates are estimates unless expressly stated to be guaranteed.

Payment for a pre-order may be collected when the order is placed.

Where a pre-order is materially delayed, we will provide updated information where reasonably possible. You may retain any statutory cancellation rights available under applicable law.

Where a pre-order product and an immediately available product are purchased together, the products may be dispatched separately or once all products are available, depending on the delivery information displayed at checkout.

13. Payment

Payment must be made through one of the payment methods offered during checkout.

Payment processing may be provided by independent banks, payment gateways or payment-service providers. Your use of those services may also be governed by the relevant provider’s terms and privacy policy.

By submitting payment information, you confirm that:

• the payment details are accurate; • you are authorised to use the payment method; • sufficient funds or credit are available; and • the payment is not being made fraudulently or unlawfully. We may carry out reasonable security, identity, fraud-prevention and payment-verification checks before accepting or dispatching an order. We do not guarantee that every payment method will remain available for every customer, country or transaction.

14. Promotional Codes and Offers

Promotional codes, discounts, free-delivery offers and other promotions are subject to any conditions displayed when they are issued.

Unless expressly stated otherwise:

• only one promotional code may be used per order; • promotional codes cannot be exchanged for cash; • promotional codes cannot be applied retrospectively; • promotions cannot be combined; • excluded products and collections may not qualify;
• promotional codes do not apply to delivery charges; and • offers expire at the end of the stated promotional period. We may reject or cancel a promotional code where it has been obtained, distributed or used fraudulently, unlawfully or contrary to its conditions. Where a discounted order is partially returned, the refund will reflect the actual price paid for the returned product after the relevant discount was allocated. Purchasing an item at a reduced or promotional price does not remove any statutory cancellation or faulty- product rights.

15. Delivery

The available delivery methods, estimated delivery periods and charges will be displayed during checkout.

Unless a different delivery period has been agreed, orders will be delivered within the period required by applicable law.

Delivery estimates are not guaranteed unless we expressly confirm otherwise. Delays may occur because of:

• customs procedures; • courier disruption; • public holidays; • extreme weather; • transport interruption; • high-demand product launches; or • other circumstances outside our reasonable control. You are responsible for providing a complete and accurate delivery address. Where an order is returned because of an incorrect address, failure to collect the parcel, refusal of delivery or repeated unsuccessful delivery attempts, we may require you to pay reasonable redelivery costs. We may dispatch an order in separate parcels. You will not be charged additional delivery fees solely because we choose to split the shipment.

16. Delivery Responsibility, Risk and Ownership

GENYX remains responsible for delivery until you, or a third party nominated by you other than the carrier, takes physical possession of the products.

Risk of loss or damage passes to you at that point.

Where you independently appoint a carrier that was not offered by us, risk may pass when the products are handed to that carrier, to the extent permitted by law.

Ownership of the products passes to you when:

• payment has been received in full; and • delivery has taken place.

17. Checking Your Order

You should inspect your order as soon as reasonably possible following delivery.

Please contact customer service promptly if:

• a product is missing; • the wrong product, size or colour was delivered; • the parcel arrived materially damaged; • the product is faulty; or • the product materially differs from its description. We may request photographs of the product, packaging and delivery label to help us investigate. Providing reasonable supporting information does not reduce your statutory rights.

18. Fourteen-Day Right of Withdrawal

Where you purchase as a consumer through the website, you will generally have the legal right to withdraw from the purchase without providing a reason within fourteen days.

For an order delivered in one shipment, the withdrawal period expires fourteen days after the day on which you, or a person nominated by you other than the carrier, receives the products.

Where products from one order are delivered separately, the period may begin when the final product is received, as provided by applicable law.

To exercise this right, you must send a clear statement communicating your decision to withdraw before the withdrawal period expires.

You may contact us through the official customer-service email address or Contact page displayed on the website.

You may use the model withdrawal form at the end of these Terms, but using the form is not compulsory.

19. Returning Products After Withdrawal

After notifying us that you wish to withdraw, you must return the relevant products without undue delay and no later than fourteen days from the date of your withdrawal notification.

Return instructions and the appropriate return destination will be provided through our customer-service channel.

Unless GENYX agrees to cover the return cost, you are responsible for the direct cost of returning products where you have changed your mind.

You should use a secure and traceable return method and retain proof of dispatch.

Responsibility for the return remains with you until it is received by GENYX or its authorised returns facility, except where GENYX arranged the return carrier.

20. Condition of Clothing Returns

You may inspect and try on clothing to the same reasonable extent that would normally be permitted in a physical retail store.

You may be responsible for a reduction in value caused by handling beyond what is reasonably necessary to establish the product’s nature, characteristics, appearance and fit.

Where reasonably possible, returned clothing should be:

• unworn other than for a reasonable fitting; • unwashed; • unaltered; • clean and undamaged; • free from perfume, smoke, deodorant, makeup, stains and other marks; • returned with its original labels and tags attached; and • accompanied by its original accessories and packaging. The absence of packaging or a detached tag does not automatically remove a statutory withdrawal right. However, we may make a lawful deduction where unnecessary handling has genuinely reduced the product’s resale value.

21. Products Excluded From Change-of-Mind Returns

The statutory cooling-off right may not apply to:

• products made to your personal specifications;
• clearly personalised or customised products; • sealed products that are genuinely unsuitable for return for health or hygiene reasons after the seal has been broken; and • any other products lawfully excluded from withdrawal rights. Where applicable, hygiene-sealed products may include certain underwear, intimate garments or similar products sold with a protective hygiene seal. The hygiene exception will be applied only where the product’s nature and packaging legally justify the exclusion. Ordinary clothing will not automatically become non-returnable simply because it has been tried on appropriately. These exclusions do not affect your rights where a product is faulty, damaged or not as described.

22. Refunds

Where you validly exercise your legal right of withdrawal, we will refund:

• the price actually paid for the returned products; and • the cost of the least expensive standard delivery method offered for the original order, where legally applicable. Additional delivery costs arising because you selected an express, premium or non-standard delivery method are not refundable unless required by law. Refunds will be issued without undue delay and no later than fourteen days after we are informed of your decision to withdraw. We may withhold the refund until:
• the returned products have been received; or • you provide satisfactory evidence that the products have been dispatched, whichever occurs first. Refunds will normally be issued through the original payment method unless another method is expressly agreed. Your bank or payment provider may require additional processing time before the refunded amount appears in your account.

23. Voluntary Return Policy and Exchanges

Where GENYX offers a return period extending beyond the statutory fourteen-day withdrawal period, that additional period constitutes a voluntary commercial return policy.

The applicable period and conditions will be stated in the Returns and Refunds Policy.

Exchanges are subject to product, size and colour availability.

Where operationally necessary, we may process an exchange as:

1. a return and refund of the original product; and

2. a separate new order.

Any voluntary returns policy is provided in addition to, and does not replace, your mandatory consumer rights.

24. Faulty or Non-Conforming Products

GENYX clothing and accessories must conform to the purchase contract and possess the quality, durability, functionality and characteristics that a customer may reasonably expect from the product description.

Where a product is faulty, damaged before delivery, materially misdescribed or otherwise not in conformity with the contract, you may be entitled to an appropriate legal remedy, including:

• repair; • replacement;
• a proportionate reduction in price; or • termination of the contract and a refund. The appropriate remedy will depend on the circumstances and applicable law. GENYX will bear the reasonable return cost for products that are faulty or non-conforming. Consumer goods benefit from the legal guarantee and conformity protections required by applicable law. This legal protection does not cover deterioration or damage caused by:
• ordinary wear and tear; • misuse or neglect; • accidental damage after delivery; • failure to follow the care instructions; • incorrect washing or drying; • exposure to unsuitable chemicals; • unauthorised alteration; or • use for a purpose for which the product was not reasonably intended.

25. Product Care

Customers should follow all washing, drying, ironing and storage instructions displayed on the garment label or relevant product page.

GENYX is not responsible for deterioration caused solely by:

• washing at an incorrect temperature; • tumble drying where prohibited; • bleaching or unsuitable chemical treatment; • incorrect ironing; • improper storage; • excessive friction or abrasion; • misuse; or • failure to follow clearly provided care instructions. This section does not exclude liability for an inherent manufacturing defect or other lack of conformity.

26. Product Safety and Recalls

GENYX may contact customers where reasonably necessary to provide:

• product-safety information; • updated care or usage instructions; • corrective action; • product withdrawal information; or • recall notices. Where a product is subject to a safety recall, customers should follow the instructions supplied by GENYX and stop using the product where directed. This clause does not limit any statutory product-safety rights or remedies.

27. Intellectual Property

All intellectual-property rights relating to GENYX Store, the website and its contents are owned by, licensed to or lawfully used by GENYX.

Protected materials include:

• the GENYX name and logos; • trademarks and brand elements;
• garment designs; • product and collection names; • photographs and videos; • graphics and artwork; • written content; • marketing materials; • packaging designs; • website layout; and • website software and code. You may access and use the website for personal, non-commercial shopping purposes. Without prior written permission, you may not:
• copy or reproduce website content; • commercially exploit GENYX content; • manufacture or distribute counterfeit GENYX products; • use GENYX branding in a way that suggests an unauthorised affiliation; • remove copyright or trademark notices; • systematically scrape website content; • interfere with website technology; or • use our content to promote a competing commercial business. No intellectual-property right is transferred to you when you purchase a GENYX product.

28. Reviews and Customer Content

Where you submit a review, photograph, video, comment or other material, you confirm that:

• it reflects your genuine experience; • it is truthful and not deliberately misleading; • you own the content or have permission to submit it; • it does not infringe another person’s rights; • it is not defamatory, unlawful or abusive; and • it does not disclose another person’s confidential information without permission. By submitting content, you grant GENYX a non-exclusive, worldwide and royalty-free licence to reproduce, display, format and use that content for operating, promoting and improving GENYX Store. We may moderate or remove content that breaches these requirements. We will not remove a genuine negative review merely because it is unfavourable.

29. Prohibited Use

You must not use the website:

• unlawfully or fraudulently; • to impersonate another person; • to submit false account, payment or delivery information; • to interfere with the website’s security or operation; • to introduce malicious software; • to gain unauthorised access to systems or information; • to abuse promotions, chargebacks or return procedures; • to place orders through prohibited automated purchasing tools; or • to infringe the rights of GENYX or another person. We may restrict access, suspend accounts or cancel affected orders where reasonably necessary to protect our customers, the website or our legal rights.

30. Website Availability

We aim to keep the website secure, accurate and available.

However, we do not guarantee that access will always be uninterrupted or error-free.

We may temporarily suspend, restrict or modify the website for:

• maintenance; • technical updates; • security reasons; • operational requirements; or • legal and regulatory compliance. Nothing in this section excludes liability that cannot lawfully be excluded.

31. Third-Party Services

The website may contain links to or integrations with:

• payment providers; • courier-tracking services; • social-media platforms; • external websites; or • other third-party services. These services operate independently and may be governed by their own terms and privacy policies. A third-party link does not necessarily mean that GENYX endorses the third party. This section does not exclude responsibility where a third party acts on behalf of GENYX in performing our obligations under a purchase contract.

32. Privacy and Cookies

Personal information is processed in accordance with our Privacy Policy and Cookie Policy.

Those policies explain:

• what information we collect; • why it is collected; • the legal grounds for processing; • who may receive the information; • how long it may be retained; and • your data-protection rights. You should review these policies before creating an account or placing an order.

33. Electronic Communications

By using the website, you agree that order confirmations, invoices, contractual information and other notices may be provided electronically where legally permitted.

You are responsible for ensuring that the email address associated with your account or order is accurate and accessible.

34. Liability

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence; • fraud or fraudulent misrepresentation; • breach of mandatory consumer rights;
• liability arising from defective products where it cannot legally be excluded; or • any other liability that cannot lawfully be excluded or limited. Subject to those protections, GENYX will not be responsible for losses that:
• were not reasonably foreseeable when the contract was formed; • arose from misuse of a product; • resulted from inaccurate information supplied by you; • arose from failure to follow the product-care instructions; • were caused by circumstances outside our reasonable control; or • relate to commercial or business activity where you purchased as a consumer.

35. Events Outside Our Reasonable Control

GENYX will not be responsible for delay or failure caused by circumstances outside our reasonable control, including:

• natural disasters; • extreme weather; • war or civil disturbance; • epidemics or public-health restrictions; • governmental or customs action; • transport or courier disruption; • industrial action; • widespread payment or telecommunications failure; • significant cyberattacks; or • interruption to essential infrastructure. We will take reasonable steps to minimise the effects of such an event. Where fulfilment becomes impossible or is delayed beyond a reasonable period, the affected order may be cancelled and any legally required refund will be issued.

36. Complaints

Complaints may be submitted through the official customer-service email address or Contact page displayed on the website.

Please provide:

• your full name; • order number; • a description of the problem; • the resolution requested; and • relevant supporting photographs or documentation. We will attempt to investigate and resolve complaints fairly and within a reasonable period. Where a complaint cannot be resolved directly, consumers may contact the relevant consumer-protection authority or an appropriate alternative dispute-resolution entity.

37. Governing Law and Jurisdiction

These Terms and all GENYX Store purchase contracts are governed by the laws of Malta.

Where you are a consumer residing in another country, this choice of law does not deprive you of any mandatory consumer protection available under the laws of your habitual country of residence.

The courts of Malta will have jurisdiction, subject to any mandatory right allowing a consumer to bring or defend proceedings before the courts of another competent country.

38. Changes to These Terms

We may update these Terms to reflect changes in:

• applicable law; • website functionality; • payment or delivery arrangements; • our products and operations; • security requirements; or • regulatory obligations. The latest version will be published on the website with an updated revision date. Changes will not retrospectively alter the terms applicable to an order accepted before the updated version took effect, unless required by law or expressly agreed with you.

39. Transfer of Rights

You may not transfer your rights or obligations under a purchase contract without our prior written agreement, except where applicable law permits otherwise.

GENYX may transfer its rights or obligations as part of a genuine restructuring, merger, sale or transfer of the GENYX Store business, provided that the transfer does not reduce your mandatory rights or materially prejudice performance of your contract.

40. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, it will be modified or limited only to the minimum extent necessary.

The remaining provisions will continue in full force.

41. No Waiver

A delay or failure to enforce a right under these Terms does not constitute a waiver of that right.

Any waiver applies only to the specific circumstances in which it was given.

42. Entire Agreement

These Terms, together with the relevant order confirmation and the policies incorporated into them, constitute the agreement relating to your purchase from GENYX Store.

Nothing in this section excludes liability for fraud, fraudulent misrepresentation or the failure to provide mandatory consumer information.

43. Contact

Questions concerning these Terms, an order, a delivery, a return or a complaint may be submitted through the official customer-service email address or Contact page displayed on genyx.store.

A. Model Withdrawal Form