Legal Notice

1. Information about the Company

YODEYMA PARFUMS S.L. (hereinafter YODEYMA) is the company responsible for this website. YODEYMA was incorporated on October 29, 1998 and registered in the Madrid Mercantile Registry, Section 8, Page 635144, with CIF no .: B45441953 and registered office in Madrid, calle Félix Boix number 7, 1º (28036).

The company responsible for the sale of products online in the territory  of  Uunited Kingdom  is VIKENIAS UK LTD hereinafter VIKENIAS.  VIKENIAS UK LTD was incorporated on 04/05/2006 and registered in Registrar of companies for England and Wales, having  VAT  number GB278402391 and registered office on 6th Floor 2 London Wall Place, Barbican LONDON  EC2Y 5AU  United Kingdom

2. Contact details

Email: United_Kingdom@yodeyma.com

Tel: +44 0800 021 1983

Call service hours: Monday to Thursday from 8 am to 5 pm and Friday  from 8 am to 1 pm.

 

3. Website

 

The YODEYMA Website (hereinafter referred to as the Website) is an e-commerce platform accessible through the Internet at the URL address: http://pro.yodeyma.com/united-kingdom/en/ which enables anyone to access it without needing to previously sign-up or fulfil any other conditions.

 

The YODEYMA Website enables people to browse freely through its different spaces in order to find out about the products offered, their main features, price and terms and conditions of the purchase, absolutely free of charge and with no commitment whatsoever.

 

4. Professional Website Area

 

The YODEYMA website has a space specifically created for professionals (hereinafter referred to as Customers) that can be accessed through this URL address: http://pro.yodeyma.com/united-kingdom/en/ and that is used to receive orders and provide personalised support to our professional customers.

 

Professionals are natural or legal persons that acquire YODEYMA’s products manufactured by the company for their subsequent re-sale.

 

In order to provide a personalised service, access to the Professional Website Area is reserved solely for professionals. Professional customers must request access by calling: +44 0800 021 1983. Access enables them to manage their orders, make payments and request refunds through the application.

 

5. Requirements for accessing the Professional Website Area

 

The customer must hold the required legal standing to perform business and must know and accept the General Contractual Terms and Conditions and the Privacy and Data Protection Policy before signing up in the professional area.

 

6. Acceptance of the General Terms and Conditions and Conditions for Use of the Professional Website Area

 

The exclusive use of the Website by Customers is regulated by the General Contractual Terms and Conditions and Conditions for the Use of the Professional Website Area (hereinafter referred to as the GENERAL TERMS AND CONDITIONS), which are provided below. Please read them carefully since accessing this Website and using its contents imply the full acceptance of these terms and conditions.

 

Access to the Professional Website Area and the information contained there is absolutely free of charge, apart from the costs incurred for telephone connection and other means used to establish connection.

 

Customers that use the Professional Website Area state the following:

 

a)         They are persons of legal age with the required legal standing to enter into contract, according to the general contractual laws of the State where they live and that they have sufficient legal standing to undertake these terms and conditions, which they expressly accept with no exceptions under their responsibility.

b)        They have previously read, understand and accept the GENERAL CONTRACTUAL TERMS AND CONDITIONS and the PRIVACY AND DATA PROTECTION POLICY.

c)         By using the Professional Website Area, they fully and expressly accept these clauses provided below, accepting full liability for the entire and/or partial breach thereof and they understand the consequences that could arise due to any breach thereof.

 

7. GENERAL CONTRACTUAL TERMS AND CONDITIONS

 

7.1   Requirements to make a purchase on the Professional Website.

 

Professionals. The Professional Website Area is reserved for natural/legal persons that are normally involved in business or for professionals who acquire the products manufactured by YODEYMA for their subsequent marketing (hereinafter referred to as the Customer).

 

Age. The person who wishes to make a purchase on the YODEYMA website must be over 18 years of age and he/she must hold full legal standing to carry out commercial transactions.

 

Sign-up. The customer must request access to the Professional Website Area by calling: +44 0800 021 1983 in order to sign-up in the Professional Area on the Website and must provide his/her identification details, address or post box, along with all the details required to locate the place where YODEYMA must deliver the products that the customer purchases as well as all the details required to bill and pay for the goods.

 

Acceptance of the offer. When placing an order, the customer will receive information about the price of the products, including details of the amounts payable, prior to accepting such order. The customer must accept the price, product and delivery terms and conditions in order to confirm the purchase. Before making payment, the customer may choose from among the payment methods available on the Website.

 

7.2   Description of the purchasing process on the Website. The customer must take the following steps in order to purchase products on the YODEYMA Website:

 

1. View the products that YODEYMA offers and sells on its Website, where the price, presentation, amount or contents and the main features of each product are shown, along with the delivery terms and conditions and the shipping cost. Some products are subject to certain terms and conditions, such as acquiring a certain number units or a minimum amount for each purchase.
2. Selecting the products. The customer must select the products by clicking on the “buy” button, in this way, the selected product will be added to the shopping basket and the application will display information about the price including taxes and shipping costs. The customer can choose to complete the purchase by selecting the option “go to check-out” or can continue browsing to add other products to the shopping basket.
3. Acceptance of the offer. The customer must click on the “confirm purchase” button in order to continue with the process and place the order. Confirmation implies the acceptance of the offer as specified on the Website, with the details of the products chosen, the total amount payable including the price of the product and the shipping costs, as specified on the Website.
4. Payment. The customer may choose from among the payment options available on the Website and must pay the total amount of the purchase, the price of the product and the shipping cost, when applicable.
5. Confirmation of the Agreement. After making the payment, the customer will receive an email with the details of the order, the price paid for the purchase and a copy of the purchase agreement.
6. Delivery of the product. YODEYMA will deliver the product within the term specified on the Website.

 

8. Offered products

 

YODEYMA sells perfume and cosmetic products manufactured by the company, duly identified with the registered trade marks owned by YODEYMA.

 

The products offered by YODEYMA are displayed on the Website, where detailed information can be found about these products, their main features, their presentation, the contents and price, as well as the minimum number of units that must be purchased of certain products. The customer must read this information before placing an order.

 

The products offered by YODEYMA may undergo some stock variations at certain times. If YODEYMA runs out of stock of any product offered and this situation affects a customer, YODEYMA will immediately contact this customer to inform him/her about the situation. The customer may choose to cancel the order, select a different product or wait for the product to be re-stocked, in such case the customer will be informed of the approximate waiting time. If the order is cancelled, YODEYMA will immediately refund the full amount paid by the customer for the purchase made.

 

9. Price

 

The price of the products offered by YODEYMA does not include taxes and is expressed in British Pound. The special offers are valid on the dates specified on the Website and will depend on available stocks.

 

YODEYMA will inform the customer of the total amount payable for the order before the purchase is confirmed, providing a breakdown of the price of the products acquired, the amount for taxes and the shipping cost so that the customer knows all the details of the purchase before confirming the order.

 

1. Shipping cost of the products

 

Before confirming the purchase, YODEYMA will inform the customer of the shipping cost for the products acquired and the minimum purchase amount required to obtain free shipping.

 

The shipping cost information is provided automatically on the website. The application will specify the price of the product and the shipping cost when selecting one of the products offered by YODEYMA.

 

1. Acceptance of the offer

 

The customer’s confirmation of the order implies acceptance of the offer and the obligation to Sign-Up and Pay on the YODEYMA Website. When this process has been completed, YODEYMA will send the customer an email confirming the order, which will provide the details of the products purchased, the broken-down price and a copy of the purchase agreement. The customer will receive the invoice for the purchase of the products when the goods are delivered.

 

2. Payment

 

The customer can make the payment by choosing from among the various methods available on the YODEYMA Website:PayPal or with credit or debit cards.

 

Payment by the customer is a pre-requisite for delivery of the products. YODEYMA will not deliver any product that has not been fully paid in British Pound for the amount accepted by the customer it the order form.

 

The customer guarantees to YODEYMA that it has obtained the required authorisation to use the payment method chosen. The customer’s full or partial breach of the payment obligation will result in cancellation of the agreement.

 

3. Delivery of the products

 

YODEYMA will deliver the products to the address specified by the customer within the term stated on the Website, which may range from 24 to 48 hours, counted from the calendar day following the approval date and payment of the order.

 

At the time of delivery, the customer must receive the products and check that they are in accordance with the order. If the customer refuses to accept the goods for no justified reason, YODEYMA may cancel the agreement and the customer will be obliged to cover any damages or impairment caused to the goods due to the delay in receiving them.

 

The return address for United Kingdom is as follows: Roebuck Lane, Smethwick, West Midlands, B66 1BY (United Kingdom)

4. Inspection of the products by the customer

 

When the goods are delivered, the customer must check that the products are in accordance with the order regarding the quantity and quality and that they are have no defects or faults. If the goods have any of the aforementioned defects, the customer is allowed a term of 4 days to submit a claim to YODEYMA, which may sent by email to the following email address: [United_Kingdom@yodeyma.com] or by calling the toll-free number: [+44 0800 021 1983], the call service hours for which are as follows: [Monday to Thursday from 8 am to 5 pm and Friday from 8 am to 1 pm].

 

Moreover, if any of the products are damaged or broken during shipping, the customer can request free replacement of the product in optimal conditions for their sale, which can be processed through Yodeyma’s Professional Website Area. If the products for which replacement is requested are out of stock, the customer can opt for a refund of the amount paid for the products that YODEYMA is unable to supply.

 

5. Product warranty

 

YODEYMA shall be held liable for any defect arising in the products for a term of two years.

 

If the customer expresses his/her dissatisfaction with the products acquired, either because they do not fit the description or conditions and quality specified in YODEYMA’s offer, including those that are unfit for use or because they contain any defect or anomaly in quality, presentation or for any other circumstance that differs from the product information provided in the offer on the website, the customer can request YODEYMA to replace the product, lower the price or terminate the agreement.

 

Replacement of the product. If the customer opts for replacement of the product, YODEYMA will collect the product that the customer was not satisfied with and replace it with the one specified by the customer with free shipping.

 

The customer can make a request or complaint directly to YODEYMA by sending an email to the following email address: United_Kingdom@yodeyma.com , explaining the reasons for the complaint and the request he/she wishes to make.

 

6. Intellectual property

 

The YODEYMA Website and all the graphic elements included therein, as well as the registered word, graphic or three-dimensional trade marks, registered designs and models, logos, fixed or moving graphic images are solely owned by the company. The use of the website by the customer does not imply any authorisation or licence being granted to use the elements protected by YODEYMA’s industrial and intellectual property rights. The customer is strictly prohibited from making copies, distributing, publishing, processing, manipulating, altering, modifying or making any other use of the protected contents.

 

The purchase of YODEYMA products by the customer for their subsequent sale and distribution does not authorise nor grant the customer any permit or licence to use the company’s registered trade marks and distinctive signs nor the designs and other contents protected by the industrial and intellectual property rights, including the domain name.

 

The customer must abstain from using the elements protected by the industrial and intellectual property rights and from copying, manipulating and altering them in any manner that could imply there is a relationship or association between the customer and YODEYMA.

 

The use of YODEYMA’s registered trade marks, both its word elements and its graphic representation or logo, is strictly prohibited; the customer may not directly or indirectly use YODEYMA’s distinctive marks in any way. The customer may neither use the registered trade marks nor any other sign that resembles them in order to apply for domain name registrations, nor may YODEYMA’s distinctive signs be used as an identifying element by the customer on its website, its shop sign, in its promotional brochures or advertisements or in company documents (invoices, delivery notes, receipts, etc.).

 

Unless the customer has obtained YODEYMA’s prior written authorisation, he/she may not use any of the elements protected by YODEYMA’s industrial and intellectual property rights, such as: trade marks, designs, models or logos, images, domain name, texts, videos or any of the company’s elements. The customer can neither copy nor use the elements protected by the industrial and intellectual property rights in a manner that implies the exploitation of YODEYMA’s prestige and reputation.

 

Breach of this obligation will imply an infringement of YODEYMA’s industrial and intellectual property rights, the result of which is the termination of the commercial relationship and legal actions being filed due to infringement of the exclusive rights and unfair competition. The customer will be held liable for any damages caused to YODEYMA, including the payment of sufficient compensation and that resulting from unjust enrichment.

 

 

7. Place of conclusion of the contract

 

Pursuant to the provisions in Article 29 of Act 34/2002, agreements entered into by electronic means in which a consumer is a party are presumed to be concluded in the place where the consumer’s normal residence is located. Agreements entered into electronically by Entrepreneurs or Professionals shall be presumed to be concluded in the place where the service provider’s establishment is located.

 

8. Applicable law

 

Spanish law is applicable and specifically Royal Decree of 22 August 1885, which published the Spanish Commercial Code; the General Contractual Terms and Conditions Act 7 of 13 April 1998; Act 34 of 11 July 2002 on Information Society Services and E-commerce; the Spanish Unfair Competition Act 3 of 10 January 1991 and the Spanish and European Union regulations on industrial and intellectual property applicable to this agreement.

 

9. Applicable jurisdiction

 

YODEYMA states its intention to settle any disagreement or dispute that could arise with the customer by reaching an amicable out-of-court agreement. If such agreement cannot be reached, the customer accepts to submit the dispute to the Courts and Tribunals of Madrid, expressly waiving any other jurisdiction that may be applicable.