Legal Notice
LEGAL NOTICE
1.Company Information
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
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).
VIKENIAS is responsible for the contents of the website www.yodeyma.uk
2. Contact details
E-mail address UK: united_kingdom@yodeyma.com
Freephone UK: 0800 021 1983
Rest of the year: Monday to Thursday from 08:00 am to 5:00 pm CET and Friday from 8:00 am to 1:00 pm CET.
3. Website
The YODEYMA Website (hereinafter the Website) is an electronic commerce platform accessible via the Internet at the URL address: https://www.yodeyma.uk, which allows access to any person without the need for prior registration or any other condition.
The YODEYMA Website allows you to navigate freely through its different spaces in order to know the product offer, the main characteristics, the price and the conditions of the sale, without any type of cost or commitment.
4. 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.
5. Pre-contractual Information
5.1 Requirements to buy on the Website
Age. The person wishing to buy on the YODEYMA Website must be at least 18 years of age. Minors must have prior authorization from their parents, guardians or legal representatives, who will be held responsible for all acts performed by minors under their care.
Important: the placing of an order requires registration on the Website and the obligation of payment.
Sign-up. The Customer must enter their personal details and the address or post office box of the place where YODEYMA must deliver the Products purchased.
Payment. The Customer will receive the information of his order and the detail of the amount to be paid prior to acceptance. The Customer must agree with the price, the product and delivery conditions to validate the purchase. Before making the payment, the Customer can choose the form of payment from those available on the Website.
5.2 Purchase process on the Website. In order to purchase products on the YODEYMA Website, the following steps must be followed:
Consult the offer of Products that VIKENIAS markets on the Website, indicating the price, presentation, quantity or content and the main characteristics of each product, delivery conditions and shipping cost. Some products are subject to certain conditions, such as the purchase of certain units or minimum quantity for each purchase.
Choice of Products. The Customer must select the Products by clicking on the "buy" button, in this way, the chosen product will be added to the shopping basket and the application will show the price information including taxes and shipping cost. The Customer can choose to finish with the purchase by selecting the option "go to checkout" or continue browsing to add other products to the shopping cart.
Acceptance of the Offer. The Customer must click on the "confirm purchase" button to continue the process and place the order. The confirmation implies acceptance of the offer as shown on the Website, with the detail of the products chosen, the total amount to pay which includes the price of the product and the cost of shipping, as shown on the Website.
YODEYMA Website Registration. In order to complete the purchase, it is necessary that the Customer registers, providing his data in the application that he will find in the Website through which he will obtain an access key that will identify him as a costumer and that he will be able to use in his next purchases without the need for a new registration.
Payment The customer will be able to choose between the options that are presented in the Website and to pay the total amount of the purchase, the price of the Product and the cost of the shipment where applicable.
Confirmation of the Contract. Once the payment has been made, the Customer will receive an e-mail with the details of the order, the price paid for the purchase and a copy of the Sales Contract, which will include the withdrawal form.
Delivery of the product. VIKENIAS will proceed to deliver the product within the period indicated on the Website.
6. Offered Products
VIKENIAS offers for sale perfumery products manufactured by the company, duly identified with the registered trademarks owned by YODEYMA.
The products offered by VIKENIAS 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 VIKENIAS may undergo some stock variations at certain times. If VIKENIAS runs out of stock of any product offered and this situation affects a customer, VIKENIAS 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, VIKENIAS will immediately refund the full amount paid by the customer for the purchase made.
7. Price
The Price of the Products offered by VIKENIAS in United Kingdom includes value added tax (VAT) and is indicated in Pounds Sterling. The special offers are valid on the dates specified on the Website and will depend on available stocks.
VIKENIAS 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.
8 Shipping cost of the products
Before confirming the purchase, VIKENIAS 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 VIKENIAS.
Please note that our delivery services does nor cover the Channel Islands.
9. 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.
10.Payment
The customer can make the payment by choosing from among the various methods available on the YODEYMA Website: Paypal and with credit or debit cards.
Payment by the Customer is a pre-requisite for the formation of the contract and must take place before the delivery of the product. VIKENIAS will not deliver any product that has not been paid for in full and in pound sterling, for the amount accepted by the Customer in the order form.
The customer guarantees toVIKENIAS 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.
11. Product delivery
Subjet to matters outside its control,VIKENIAS will Aaim deliver the products to the address specified by the customer within the term stated on the Website, which may range from 48 and 72 hours, counted from the calendar day following the approval date and payment of the order. However, time is not of the essence.At the time of delivery, the customer must receive the products and check that they are in accordance with the order.
We´re not responsible for delays outside our control.
If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay.As long as we do this, we won´t compensate you for the delay, but if the delay is likely to be substantial you can cancel the contact and receive a refund for any products you have paid for in advance , but not received
12. Cancellation
Cancellation. The Customer has the right to cancel his purchase within 14 calendar days without justification. The withdrawal period will expire 14 calendar days from the day the Customer received the products or the last of the products where there were multiple goods under one order.
To exercise the right of withdrawal, the Customer may use the withdrawal form that VIKENIAS has sent by email at the time of order confirmation and return it to the following email address: united_kingdom@yodeyma.com or you can print it and send it by post to the postal address of VIKENIAS.
The Customer may also use the withdrawal form available on the Web by clicking on the link below:
Confirmation. VIKENIAS will send the Customer an email confirming receipt of the withdrawal document and that it has been produced within the 14 days period provided by the Consumer Contracts (Information,Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134)
Product Return. The Customer shall proceed without delay and promptly to return the Products, as soon as it receives confirmation from VIKENIAS and, in any case, within 14 calendar days from the date of communication to VIKENIAS of the cancellation. The term will be considered fulfilled if the Customer returns the order before the end of that period.
The Customer shall send to VIKENIAS to the address notified to him at its own expense, by post or any other means of its choice, the products subject to cancellation.
To return any items, please contact our call centre 0800 021 1983, or email united_kingdom@yodeyma.com and VIKENIAS will provide the Customer with a "return address"
The Customer must return the products without unsealing and without having made any use or test, in perfect condition for its commercialization, in its original packaging and with all the information documents. Otherwise the Customer will be responsible for the depreciation of the product.
Cost of return. The Costumer shall bear the costs of returning the products. For information purpose only, the cost of postage for the returns can be calculated by reference to https://www.dpd.co.uk/ . VIKENIAS will not accept any returns delivered to any address other than the return address notified to the Customer and in no circumstances will accept returns for collection form a third party address.
Refund of the amount paid. VIKENIAS shall return to the Customer the full amount paid for the purchase of the Products without any undue delay and in any event within 14 calendar days from the date on which it receives the returned Product(s). Subject to the Customer being entitled to a full refund of the standard delivery costs. VIKENIAS may deduct the lost value (which may be as much as the contract price) form the sums it is obliged to reimburse to the consumer.
VIKENIAS will refund using the same means of payment used by the Customer for the initial transaction unless one of the means prevents it. In the case of cash on delivery orders, the amount will be refunded to the bank account indicated and held by the Customer. The Customer will not incur any expenses as a consequence of the refund. Reimbursement will be made within 14 calendar days of receipt of the returned package.
The Customer should keep a receipt or other evidence form the delivery service that proves they have sent the product(s) back and when they sent them to demonstrate that the product(s) were returned without undue delay and in any event not later than 14 days after the day on which the Customer informed Vikenias of their decision to cancel the contract.
13. Product Warranty
VIKENIAS shall be held liable for any defect arising in the Product for a two year term.However, in the event that or products cause injury , any claim must be brought within 3 years of the date of that injury.
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 VIKENIAS’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 VIKENIAS to replace the product, lower the price or terminate the agreement.
Replacement of the product. If the customer opts for replacement of the product, VIKENIAS 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.
Our liability to you is limited to the price you have paid for the products.
We shall not be liable to you , whter in contract, tort (including negligence ) , breach of statutory duty, or otherwise , for any loss of profit , or any indirect or consequential loss arising under or in connection with any contract between us.
Losses we never limit or exclude. However, nothing in these terms shall limit or exclude our liability for :
- Death or personal injury caused by our negligence , or the negligene of our employees,agents or subcontractors (as applicable);
- Fraud of fraudulent misrepresentation;
- Breach of the terms implied by section 12 of the Sale of Good Act 1979 or section 2 of the Supply of Goods and Services Act 1982 ; or
- Defective products nder the Consumer Protection Act 1987 (provided that such claims are brought within 10 years from the date that specific product was put into market circulation) ; or
- Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14. Claims Form
VIKENIAS informs the Customer that it has Complaint Forms in its offices, which are located at 6th Floor 2 London Wall Place,Barbican,London EC2Y 5AU, to which the Customer can have access free of charge, during opening hours: Monday to Thursday from 10 am to 7 pm and Fridays from 9 am to 2 pm.
Without prejudice to the fact that the Customer may address his claim, using any other format and addressing the competent consumer protection bodies, associations or authorities located in his place of residence.
15. Applicable law
These Terms are governed by the laws of England and Wales. Any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the English courts.
16. Dispute resolution
YODEYMA states its intention to settle any disagreement or dispute that could arise with the Customer throught either voluntary mediation or expert determination the process whereby an independent body considers the facts of a dispute and produces a written solution binding on YODEYMA. However, provided that the parties have tried to settle their dispute by a method of alternative dispute resolution then they are free to pursue any claim throught the English Courts as they see fit.