TERMS & CONDITIONS
These terms and conditions of use (together with the documents referred to in it) (the "Terms") govern your use of the (the “Website”) or mobile applications used by you privately. These Terms also apply to interactive features, widgets, applications, content or downloads that are owned or controlled by YOKI, are available through the Website or that interact with the Website and post these Terms.
These Terms apply to:
(1) all users of the Website; and
(2) all purchasers of the company’s products made through the Website.
1. Conditions of Use
1.1.1 shall ensure that your use of the Website is in accordance with all relevant legislation, regulations, codes of practice, guidance and other requirements of any relevant government, governmental or regulatory agency or other relevant body;
1.1.2 must not use the Website:
126.96.36.199 in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes;
188.8.131.52 in any way which causes or is intended to cause annoyance, inconvenience or needless anxiety;
184.108.40.206 for any unlawful purpose whatsoever, including fraud or terrorism;
220.127.116.11 in any way which is abusive, harmful, threatening or defamatory or any other way that may cause offence (including, but not limited to, uploading pornographic, obscene or indecent material onto the Website);
18.104.22.168 in any way which breaches or could potentially breach a legal duty to a third party (including a duty of confidentiality) or which infringes or could potentially infringe a person's right to privacy;
22.214.171.124 in any way which promotes discrimination or is likely to incite hatred;
126.96.36.199 in conjunction with any commercial purpose; or
188.8.131.52 in any way which may infringe the intellectual property rights of third parties or which promotes any unlawful act.
1.2 The company may delete or remove any content that has been uploaded in breach of these Terms and/or the company may refuse to process any order for products.
2. Accessing the Website
2.1 Access to the Website is permitted on a temporary basis and the company reserves the right to withdraw or amend the service the company provides without notice. The company will not be liable if for any reason the Website is unavailable at any time or for any period.
2.2 From time to time, the company may restrict access to some parts of the Website, or the company’s entire Website, to users.
2.3 You are responsible for making all arrangements necessary for you to have access to the Website.
3. Purchasing the company’s products
Please review the YOKI “Conditions of Sale” for your geographic territory, which apply to all purchases of the company’s products made through the Website. You expressly acknowledge that you have been advised of these Conditions of Sale upon entering the Website and have had access to the same. Consequently, by using the Website, you signify your assent and agreement to these Conditions of Sale and confirm that any purchases you make through the Website are governed by the same.
4. Suspension and termination
4.1 The company may suspend or terminate your use of the Website:
4.1.1 if the company believes that your use of the Website may cause us to be in breach of the company’s regulatory requirements;
4.1.2 if the company reasonably believes that you have violated or acted inconsistently with these Terms, or violated the company’s (or any third party's) rights;
4.1.3 if you are in breach of any of the material terms of these Terms and, where such breach is remediable, you have not remedied such breach within 30 days of receiving written notice from us; or
4.1.4 at any time on 14 days' written notice.
4.2 The provisions entitled "Warranties and disclaimers", "Liability and indemnity" and "Other general provisions" will survive termination of these Terms.
5. Events outside the company’s control
The Company shall not be liable for any delay or failure to perform any of the company’s obligations under these Terms insofar as the performance of such obligations is prevented by an event or by matters beyond the company’s reasonable control.
6. Warranties and disclaimers
6.2 Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. To the maximum extent permitted by applicable law, the company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
6.3 The Website is provided on an ‘AS IS’ basis and:
6.3.1 you acknowledge that the Website may not be free of bugs or errors and agree that the existence of minor bugs or errors shall not constitute a breach of these Terms;
6.3.2 you remain responsible for your own hardware, content and any other data uploaded onto the Website and you remain solely responsible for making back-ups to protect your content and any other data contained on your account;
6.3.3 The company accepts no responsibility for any liability that arises in connection with third parties unlawfully obtaining access to your account in order to abuse the nature and intent of the Website, provided always that the company will maintain security policies and procedures in accordance with good industry practice; and
6.3.4 The company accepts no responsibility for any liability that arises in connection with the theft of your username or password by unauthorized third parties.
7. Liability and indemnity
7.1 The material displayed on the Website is provided for general information purpose only without any guarantees, conditions or warranties as to its accuracy. Although strictly prohibited, content may be displayed on the Website which is unlawful or offensive. If you become aware of this please contact us without delay.
7.2 To the maximum extent permitted by law, the company and third parties connected to us hereby expressly exclude liability in either contract, tort, negligence, statutory duty or otherwise arising out of or in connection with the use of or access to the Website (which includes without limitation) any errors or omissions contained in the Website or if the Website is unavailable and the company shall not be liable for any direct or indirect:
7.2.1 economic losses (including without limitation loss of use, revenues, data, profits, contracts, opportunity, business, business interruption or anticipated savings);
7.2.2 loss of goodwill or reputation; or
7.2.3 special, incidental, indirect consequential loss or damage, suffered or incurred arising out of or in connection with your use of the Website.
7.3 To the maximum extent permitted by law, the company’s maximum aggregate liability under or in connection with your use of the Website, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to the value of the products that you purchase from us through the Website.
7.4 Nothing in these Terms shall limit the company’s liability for death or personal injury arising from the company’s negligence, nor the company’s liability for fraud or fraudulent misrepresentation or willful misconduct, nor any other liability which cannot be excluded or limited under applicable law.
7.5 As a user, you agree to indemnify us against all costs, liabilities, expenses, losses or damages which the company may sustain or incur in connection with:
7.5.1 any claim of any nature that any of the content or other materials uploaded by you or on your behalf infringes the intellectual property rights of any third party; and
7.5.2 any claim of any nature that any of the content or other materials uploaded by you or on your behalf infringes the privacy of any individual.
8. Intellectual property rights
YOKI has the exclusive rights, title, and interest (unless stated otherwise) to the Website’s Intellectual Property Rights, including but not limited, to its content.
8.1 YOKI has created this Website to provide information about its company and products for your personal use. You may download one computer copy or print one copy of the material on this Website for your own non-commercial, educational, private use only, provided that proprietary notices such as copyright© or trademark™ are neither modified, nor deleted or changed. You should assume that everything you see or read on the Website (such as images, photographs, illustrations, icons, texts, video clips, audio clips, design, drawing, artwork, code and supporting documentation, registered and unregistered design rights, written and other materials (whether registered or not) ("YOKI Material") is copyrighted and protected under copyright laws worldwide, unless otherwise noted.
8.2 You are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare or use any derivative or second hand works based on YOKI Material in any way for any public or commercial purpose. Furthermore, the YOKI Material may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use YOKI Material will automatically terminate and any copies made of YOKI Material must be immediately destroyed. Any unauthorized use of YOKI Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
8.3 Any communication or material that you transmit to YOKI via the Website or by electronic mail or otherwise, excluding personally identifiable data about yourself, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by YOKI. By sending communications to YOKI, you automatically grant YOKI a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit may be used by YOKI and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
8.4 Furthermore, YOKI enjoys a reputation for the design of high quality jewelry. To this end, it possesses its own sources of creativity, in particular highly skilled designer who conceives and perfects YOKI’s creations. As a result, YOKI cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that YOKI may already be working on similar ideas. Consequently, you are advised that YOKI is not interested in receiving ideas or other proposals that you may wish to submit.
8.5 The company is the owner or the licensee of all intellectual property rights in the Website and YOKI Materials, including but not limited to:
8.5.1 patents, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information;
8.5.2 all other rights of a similar nature or having an equivalent effect which currently exist anywhere in the world, or are recognized in the future; and
8.5.3 applications, extensions and renewals in relation to any of these rights.
8.6 All trademarks, logos and service marks (collectively the "Trademarks") which appear on this Website are registered and unregistered YOKI trademarks or are licensed for use by YOKI and by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without the written permission of YOKI or such third party who owns the trademark. Misuse of any trademark displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
8.7 The company’s status (and that of any identified contributors) as the authors of YOKI Material on the Website must always be acknowledged.
8.8 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at the company’s option, return or destroy any copies of the materials you have made.
9. Counterfeit Warning
YOKI merchandise is available exclusively from www.yokicollections.com Buyers should be wary of purported YOKI product sold through unauthorized channels.
10. The Website changes regularly
10.1. YOKI reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that the company may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the home page of the Website, and that your use of the Website after the company has posted the Updated Terms (or engaging in such other conduct as the company may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Website from that point forward.
10.2 The content of the Website may contain inaccuracies or typographical errors. YOKI reserves the right to make changes, corrections, and/or improvements to such content at any time without prior notice but does not assume any responsibility to do so.
10.3 The style, drawing and colors of YOKI products featured on the Website may be modified without prior notice.
11. Availability of Products and Services
11.1. The products featured on the Website are representative of YOKI’s collection.
11.2. The Website may contain information on YOKI’s products and services, not all of which are available at all times and are rather made-to-order. A reference to a product or service on the Website does not imply that such product of service is or will be available.
11.3. While every effort is taken to try to ensure that the color, design, style, reference number, description and size of the products featured on the Website are representative of the original products, variation may occur. Neither YOKI nor its affiliated companies shall be liable for any error or inaccuracy in the description, reference and in the photographs or graphical representations of products displayed on the Website. YOKI will not be liable for such errors and is under no obligation to deliver the products and/or pay any damages whatsoever. Any questions about products can be directed to email@example.com.
12. Changes in Products and Pricing
The Company constantly reviews and revises its products. The Company makes an effort to be as accurate as possible with product descriptions and prices however in the event that a product description and or price is listed incorrectly due to typographical error or error in pricing or product description, changing market conditions, product discontinuation, manufacturer price changes, pricing received from suppliers, errors in advertisements, and other events outside the Company’s control, the Company reserves the right to make adjustments to its products and pricing.
All pricing for the products is subject to change. If the price of an order changes after your credit card has already been charged, the Company reserves the right to refuse or cancel any order whether or not the order has been confirmed, the Company will issue a refund to your credit card account in the amount of the charge made and advise you accordingly.
13. Order Acceptance and Cancellation
Your receipt of an electronic or other form of, order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If applicable, your order will be refunded in the original form of payment. If your credit card has been charged and your order is canceled, we will immediately issue a refund to your credit card account in the amount of the charge and notify you that your order was canceled. You may cancel your website order online.
14. Return Policy
All Items are considered Final sale.
15. Defects/Faulty Products
Items that are received damaged are considered faulty. The Company will determine, in its sole judgment and discretion, whether the damage is as a result of normal wear and tear or some other reason. Damaged or faulty products will be replaced or repaired, where possible and subject to availability. Where possible we will offer to repair the faulty item. If a product cannot be replaced or repaired, you are entitled to a full refund within six (6) month period.
16. Payment Terms
16.1 Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing shall be as follows:
You will be required to pay the full amount due plus, shipping fees and any taxes with the product at the time you place your order. Expected shipment is five to ten business days. If an item is made-to-order, please be aware that because of the “make to order” nature of such transactions, you should expect a wait period of approximately six to twelve weeks between the date you place your order and the date that the product is ready for shipment.
17. Order Status & History
The Company will send you an update regarding the status of your order, including when your item(s) ship, to the email address you provided when placing your order.
18. Sales Taxes
If your shipping address is within the United States of America, sales tax will be charged at the time you place your order for the product in accordance with Virginia state regulations.
19. Shipping Policy
For your convenience, the Company offers shipping options to include FedEx or UPS within United States of America. The shipping methods displayed at checkout will be the only ones available. Please note that shipping time frame may vary from item to item. You will be informed of the Shipping cost for your selected shipping method at checkout. This amount will be payable in addition to the price of the items ordered including taxes.
20. Information about you and your visits to the Website
20.2. Viruses, hacking and other offences
20.3 You must not misuse the Website by knowingly introducing viruses, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
20.4 By breaching this provision, you may be committing a criminal offence. The company will report any such breach to the relevant law enforcement authorities and the company will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
20.5 The company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile device data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any Website linked to it.
21. Linking to the Website
21.1 You may link to the company’s home page, provided you do so in a way that is fair and legal and does not damage the company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the company’s part where none exists.
21.2 You must not establish a link from any Website that is not owned by you.
21.3 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. The company reserves the right to withdraw linking permission without notice.
22. Links from the Website
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only and do not imply endorsement by YOKI of those sites. The company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
23. Jurisdiction and applicable law
To the maximum extent permitted by law, these Terms shall be governed by and construed in accordance with the laws of State of Virginia in the United States of America without regard to its conflicts of law provisions. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction.
24. Other general provisions
24.1 Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of YOKI. YOKI makes no representation that the YOKI Material is appropriate or available for use in every country of the world. You use this Website at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to YOKI Material may not be legal by certain persons or in certain countries. The company’s products are available in the United States. However, this Website is accessible worldwide.
24.2 Any cause of action you may have with respect to this Website must be commenced within two years after the claim or cause of action arises.
24.3 You may not transfer or assign your rights or obligations in relation to your use of the Website without the company’s prior written permission. The company may transfer or assign the company’s rights and/or obligations. If the company does so, the company will provide you with written notice of the transfer or assignment.
24.4 The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms or by law shall not constitute a waiver of that right, power or remedy.
24.5 If any provision, or part of a provision, of these Terms, is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms, and the legality, validity or enforceability of the remainder of the provisions of these Terms shall not be affected, unless otherwise required by operation of applicable law.
24.6 These Terms represent an agreement between you as user of the Website and us as service provider, and no other person can enforce any of its provisions.
24.7 These Terms constitute the entire agreement between you and us in relation to the use of the Website, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
25. Contact or Complaints
25.1 If the company need to contact you, the company will do so by post or e-mail sent to the address or e-mail address provided by you. You must notify us if you change your address or e-mail address.
25.2 If you have any concerns about material which appears on the Website or wish to contact us for any other reason, please contact us at firstname.lastname@example.org.
How to Contact us
If you have any questions or comments about our policy or if you would like us to update information we have about you or your preferences, please contact us by email at email@example.com