VIKENIAS UK LIMITED
TERMS AND CONDITION FOR THE SUPPLY OF GOODS
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Acceptance of terms and condition. By using our website and/or ordering products throughour website , you expressly confirm acceptance of these terms and conditions.
2.1 Who we are. We are Vikenias UK Limited a company registered in England and Wales. Our company registration number is 10162784and our registered office is at New Bridge Street House, 30-34 New Bridge Street, London, United Kingdom, EC4V 6BJ. Our headquarters are at address is C/ Felix Boix nº 7, 1ª planta, 28036 Madrid. Our registered VAT number is 8548423214.
We are members of theYodeyma Group. Yodeyma Parfums S.L.U is a company registered in Spain, with address at Cno. De Noblejas, S/N 45311 Dos barrios, Toledo; and registered in the Commercial Registry of Toledo, Volume 948, Sheet 60, Section 8, Page TO 13858, 1st Entry.
2.2 How to contact us. You can contact us by telephoning our customer service team on 0800 021 1983or email us at firstname.lastname@example.org or via post at C/ Felix Boix nº 7, 1ª planta, 28036 Madrid.
3.1 Our site is accessible through the internet by entering www.yodeyma.com and managed by us (the Site). The Site allows you to surf freely through its pages, without having to place an order.
3.2 Through this Site, we sell cosmetic products and perfumes of Yodeyma brand (the Products).
3.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
3.4 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
3.5 If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us.
3.6 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources.
3.7 The Site is made available free of charge.
3.8 We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
3.9 You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and conditions and other applicable policies, and that they comply with them.
3.10 We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Site. You should use your own virus protection software.
3.11 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
3.12 You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and/or the Criminal Damage Act 1991. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
3.13 You must be over 18 years of age to use our Site, if you are under the age of 18 you must obtain prior permission from your parents, guardians or legal representatives, who will be held responsible for all acts carried out by you.
3.15 We may update and change our Site from time to time to reflect changes to our Products, our users' needs and our business priorities.
4.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because the Product is out of stock; because of unexpected limits on our resources which we could not reasonably plan for; because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
4.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8.- Your rights to end the contract).
7.2 More significant changes to the Products and these terms. In addition, we may inform you in the description of the Products on our Site, that we may make the changes to these terms or the Products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
8.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. We will deliver the Products to you as soon as reasonably possible and in any event within 24 to 48 [A2] hours after the day on which we accept your order.
8.3 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
8.4 If you are not at home when the Products are delivered. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the Products from a local depot.
8.5 If you do not re-arrange delivery. If you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11.2 will apply.
8.6 Your legal rights if we deliver Products late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any Products then you may treat the contract as at an end straight away if any of the following apply:
8.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
8.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 8.6 or clause 8.7, you can cancel your order for any of the Products or reject Products that have been delivered. If you wish, you can reject or cancel the order for some of those Products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled Products and their delivery. If the Products have been delivered to you, you must post them back to us. We will pay the costs of postage. Please call customer services on 0800 021 1983or email us at email@example.com a return label.
8.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, the correct delivery address. We will contact you to ask for this information if you have not completed all of the required information on our Site. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.13 Your rights if we suspend the supply of Products. We will contact you in advance to tell you we will be suspending supply of the Products, unless the problem is urgent or an emergency. If we have to suspend the Products they will no longer be available to view on our Site.
8.14 We may also suspend supply of the Products if you do not pay. If the payment is not authorised online when you place your order and you do not pay us for the Products when you are supposed to (see clause 13.4) and you still do not make payment within 5 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. As well as suspending the Products we can also charge you interest on your overdue payments (see clause 13.5).
9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Products repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12;
(c) If you have just changed your mind about the Product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of returning any goods;
9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
9.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
9.5 How long do I have to change my mind? How long you have depends on how it is delivered. You have 14 days after the day you (or someone you nominate) receives the goods, unlessthe Productsare split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
9.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 9.1), you can still end the contract before it is completed, but you may have to pay us compensation. The contract is completed when the Products are delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
(a) Phone or email. Call customer services on 0800 021 1983or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where possible, your phone number and email address.
(b) Online. Complete the form [ ] [A3] on our website.
(c) By post. Print off the form [ ] [A4] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
10.2 Returning Products after ending the contract. If you end the contract for any reason after Products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at DPDGroup UK, Roebuck Lane, Smethwick, West Midlands B66 1BY. Please call customer services on 0800 021 1983or email us at email@example.com a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
(b) if you are ending the contract because we have told you of an upcoming change to the Products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
(a) We may reduce your refund of the Products price (excluding delivery costs) to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted. See our Returns page [INSERT HYPERLINK][A5] for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Products within 3-5 days at one cost but you choose to have the Products delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(a) If the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Products back from you or, if earlier, the day on which you provide us with evidence that you have sent the Products back to us. For information about how to return the Products to us, see clause 9.2.
11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for Products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.1 How to tell us about problems. If you have any questions or complaints about the Products, please contact us. You can telephone our customer service team on 0800 021 1983or email us at firstname.lastname@example.org.
12.2 Summary of your legal rights. We are under a legal duty to supply Products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Products your legal rights entitle you to the following:
See also: Exercising your right to change your mind (Consumer Contracts Regulations 2013).
12.3 Your obligation to return rejected Products. If you wish to exercise your legal rights to reject Products you must post them back to us. We will pay the costs of postage or collection. Please call customer services on 0800 021 1983or email us at email@example.com a return label.
13.1 Where to find the price for the Product. The price of the Products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the Products advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the Products you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Products correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Products provided to you.
13.4 When you must pay and how you must pay. We accept payment with debit/ credit cards and PayPal. You must pay for the Products before we dispatch them. We will not charge your credit or debit card until we dispatch the Products to you.
13.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process via email or telephone prior to submitting you order.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products as summarised at clause 12.2.
14.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
16.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.4 If a court finds part of this contract illegal, the rest will remain in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
[A1]Please insert link
[A2]You may wish to amend this to 30 days which is the usual practice for B2C contracts in the UK. The consumer will have certain rights if the delivery is late- see 8.6
[A3]Insert link to the model form – web version
[A4]Insert link to the model form –print version