1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of www.mykemet.com (the “Site”) operated by Kemet, a brand of Frostify Ventures, LLC (California, USA) for US customers and Kemet Inc. (Ontario, Canada) for Canadian customers (collectively, “Kemet,” “we,” “us,” or “our”). By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Site.

2. Eligibility

You must be at least 18 years old to place an order on the Site. By placing an order, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

3. Products and Availability

  • All products displayed on the Site are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse service at any time.
  • Product descriptions, images, and specifications are provided for informational purposes. We strive for accuracy but do not guarantee that all details are error-free.
  • Colors may appear slightly different on your screen than in person due to monitor settings and lighting conditions.
  • All products are unisex and sized according to the size chart provided on each product page.

4. Orders, Pricing, and Payment

4.1 Order Acceptance

When you place an order, you are making an offer to purchase. Your order is accepted when we send you an order confirmation email. We reserve the right to refuse or cancel any order, including for reasons such as product unavailability, pricing errors, or suspected fraud. If we cancel your order after payment has been processed, we will issue a full refund.

4.2 Pricing

  • All prices on the Site are displayed in US Dollars (USD) for US customers and Canadian Dollars (CAD) for Canadian customers, as determined by your billing address or geographic location.
  • Prices are subject to change without notice. The price charged will be the price displayed at the time your order is placed.
  • We make every effort to ensure pricing accuracy. If a pricing error is discovered after an order is placed, we reserve the right to cancel the order and issue a full refund.
  • Applicable sales tax, HST, GST, and PST will be calculated and added at checkout based on your shipping address.

4.3 Payment

  • Payment is processed securely via Stripe. We accept major credit and debit cards (Visa, Mastercard, American Express, Discover) and, where available, Apple Pay and Google Pay.
  • US orders are processed and settled through Frostify Ventures, LLC and its US bank account.
  • Canadian orders are processed and settled through Kemet Inc. and its Canadian bank account.
  • You represent that you have the legal right to use any payment method you provide.
  • We do not store your full credit card information. Payment details are handled directly by Stripe in accordance with PCI DSS standards.

5. Shipping and Delivery

  • We ship to addresses within the United States and Canada only. We do not currently ship internationally.
  • Standard shipping times: 3–7 business days within the US, 5–10 business days within Canada. Processing time (1–2 business days) is separate from shipping time.
  • Free standard shipping on orders over $75 (USD for US customers, CAD for Canadian customers). Standard shipping rates apply to orders below this threshold and are displayed at checkout.
  • Once your order ships, you will receive a tracking number via email.
  • Risk of loss and title for products pass to you upon delivery to the carrier.
  • Kemet is not responsible for shipping delays caused by the carrier, customs, weather, or other factors outside our control.
  • Canadian customers may be responsible for any import duties, taxes, or customs fees not collected at checkout.

6. Returns and Exchanges

We offer returns and exchanges within 30 days of delivery for unworn, unwashed items in original condition with tags attached. Full details, including how to initiate a return, are on our FAQ and Shipping & Returns pages. Summary:

  • Eligible returns: 30 days from delivery, unworn, unwashed, original condition with tags
  • Refunds: Full purchase price refunded to original payment method within 5–7 business days of receiving the return. Original shipping is non-refundable unless the item was defective or incorrect.
  • Exchanges: Accepted within 30 days for a different size. Customer pays return shipping.
  • Defective or wrong items: Full refund or replacement at no cost. Report within 7 days with photo evidence.
  • Sale items: Exchange or store credit only.

7. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, images, product designs, and the Kemet name and K-shield mark, are the property of Frostify Ventures, LLC and Kemet Inc. and are protected by United States, Canadian, and international copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our express written permission.

You may view, download, and print content for personal, non-commercial use only.

8. User Conduct

When using the Site, you agree not to:

  • Use the Site for any unlawful purpose or in violation of these Terms
  • Attempt to gain unauthorized access to any part of the Site or our systems
  • Use bots, scrapers, or automated tools to collect data from the Site
  • Interfere with or disrupt the Site or its servers
  • Impersonate any person or entity
  • Use the Site to transmit viruses, malware, or harmful code
  • Resell products purchased from the Site without our express written permission

9. Disclaimers and Warranties

Except as expressly provided in these Terms or required by applicable law, the Site and all products are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Kemet disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Site itself. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

Statutory Warranties Preserved.

Nothing in this Section disclaims, limits, or modifies any non-waivable warranty or consumer right provided to you under applicable law. In particular, for California consumers, the implied warranties of merchantability and fitness for a particular purpose under the Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790 et seq.) apply to the extent required by law. For Ontario consumers, the implied conditions and warranties of acceptable quality under the Ontario Consumer Protection Act, 2002 and the Sale of Goods Act (Ontario) apply to the extent required by law, and any attempt to waive those rights is void pursuant to section 9 of the Consumer Protection Act, 2002.

If a product is defective, damaged, or does not conform to its description, contact us within the return period specified on the Site (see FAQ → Returns) and we will repair, replace, or refund it at our option, in addition to any remedies available to you by law.

10. Limitation of Liability

Subject to the carve-outs in Section 10.2 and the preservation of non-waivable consumer rights in Section 14, and to the fullest extent permitted by applicable law:

10.1 Excluded Damages and Cap

IN NO EVENT SHALL KEMET, FROSTIFY VENTURES, LLC, KEMET INC., OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR PRODUCTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR YOUR PURCHASE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

10.2 Carve-Outs (Non-Limitable Liability)

Notwithstanding anything to the contrary in these Terms, nothing in this Section 10 or elsewhere in these Terms excludes or limits our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation;
  • willful misconduct or gross negligence;
  • any liability that cannot be excluded or limited under the laws of the jurisdiction in which you reside (including, for California residents, liability of the type described in California Civil Code § 1668; for Ontario residents, liability for matters protected by sections 7 and 9 of the Consumer Protection Act, 2002);
  • any statutory private right of action under the California Consumer Privacy Act / California Privacy Rights Act (Cal. Civ. Code § 1798.150) for certain data security incidents;
  • remedies available under the California Consumers Legal Remedies Act (Cal. Civ. Code §§ 1750 et seq.) and the Song-Beverly Consumer Warranty Act; or
  • remedies available under the Ontario Consumer Protection Act, 2002 or the federal Personal Information Protection and Electronic Documents Act (PIPEDA).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions and limitations may not apply to you. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

11. Indemnification by You

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Kemet, Frostify Ventures, LLC, Kemet Inc., and their respective officers, directors, employees, and agents from and against any third-party claims, damages, losses, and reasonable out-of-pocket expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your willful misconduct or fraudulent conduct; (c) your violation of any applicable law; or (d) any content you submit to the Site that infringes a third party’s intellectual property or privacy rights. This indemnity does not apply to claims arising from our own negligence, willful misconduct, or breach of these Terms, and is not intended to waive any non-waivable rights you have as a consumer.

12. Governing Law

The governing law applicable to your purchase and use of the Site depends on where you reside when you place your order:

12.1 United States Customers

If you reside in the United States, these Terms and any dispute arising out of or related to them or your use of the Site are governed by the laws of the State of California, without regard to its conflict-of-law principles. Nothing in this choice of law deprives you of the protection afforded to you by provisions of the laws of the U.S. state in which you reside that cannot be derogated from by agreement.

12.2 Canadian Customers

If you reside in Canada, these Terms and any dispute arising out of or related to them or your use of the Site are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. If you reside in a Canadian province or territory whose consumer-protection laws apply mandatorily to your transaction (including, without limitation, Quebec), those laws continue to apply and nothing in this choice of law is intended to deprive you of their protection. In particular, for Ontario residents, section 7 of the Consumer Protection Act, 2002 is acknowledged and preserved.

12.3 United Nations Convention Excluded

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

13. Dispute Resolution and Venue

13.1 Informal Resolution First

Before filing any claim, you agree to contact us at support@mykemet.com and give us thirty (30) days to attempt to resolve the dispute informally. Most issues can be resolved quickly this way.

13.2 Venue — United States Customers

If informal resolution fails, you and Kemet agree that any judicial action shall be brought in the state or federal courts located in the County of Los Angeles, California, and you consent to personal jurisdiction there; provided, however, that (a) nothing prevents you from bringing an individual action in small-claims court in the jurisdiction where you reside; and (b) this venue provision does not apply to the extent it would deprive you of a non-waivable right to bring an action in the courts of your home state. We do not require pre-dispute binding arbitration, and you retain the right to a jury trial.

13.3 Venue — Canadian Customers

If informal resolution fails, you and Kemet agree that any judicial action may be brought in the courts of the Province of Ontario sitting in the City of Toronto, and each party attorns to the jurisdiction of those courts. Notwithstanding the foregoing, and consistent with the Supreme Court of Canada’s decision in Douez v. Facebook, Inc., 2017 SCC 33 and section 7 of the Ontario Consumer Protection Act, 2002, if you are a consumer you retain the right to commence a proceeding in the courts of the Canadian province or territory in which you reside, and nothing in this Section is intended to require you to litigate outside your home province. We do not require pre-dispute binding arbitration, and class proceedings are not waived for Canadian consumers.

13.4 Injunctive Relief

Notwithstanding Sections 13.2 and 13.3, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

14. Preservation of Non-Waivable Consumer Rights

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy available to you under mandatory consumer-protection, privacy, product-safety, or data-protection laws that cannot lawfully be waived, including, without limitation: (i) the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA), the California Consumers Legal Remedies Act, the California Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.), and the Song-Beverly Consumer Warranty Act; (ii) the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and the Ontario Consumer Protection Act, 2002; and (iii) any analogous statute of your home state, province, or country. If any provision of these Terms would, in the absence of this Section, be construed to waive such a right, that provision is modified to the minimum extent necessary to preserve the right, and the remainder of the provision continues in effect.

If you are a California resident and these Terms operate to release any claim in our favor, you hereby acknowledge that you understand the meaning and effect of California Civil Code § 1542 only to the extent any such release is expressly agreed in writing in a separate signed release document; these Terms alone do not constitute a general release of unknown claims.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email (if you have an account) or a notice on the Site. The “Last Updated” date at the top will reflect the most recent revision. Continued use of the Site after changes become effective constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Kemet regarding your use of the Site and supersede all prior agreements and understandings.

18. Contact Us

If you have questions about these Terms, contact us at:

Email: support@mykemet.com

US Entity: Frostify Ventures, LLC — California, USA

Canadian Entity: Kemet Inc. — Ontario, Canada