YAZBUKEY GENERAL CONDITIONS OF SALES

 

 

www.yazbukey.com (hereinafter the “Website”) is published with love by Land of Goddesses, a French Société à Responsabilité Limitée (SARL), with a share capital of 200,000 euros, registered at the Paris RCS, SIRET 833 624 455 and Intra Community VAT no. FR74833624455. (hereinafter “Yazbukey” or the “Company”, also referred to by “We” and “Our”).

 

  1. General Provisions

 

These General Terms and Conditions of Sale (the “T&C”) define the rights and obligations of the Company and any physical consumer visiting or making a purchase (the “Order”) via the Website (hereinafter referred to as “the Customer” or “You”). The General Terms and Conditions of Sale detailed below apply to all orders placed by the Customer with the Company for all products and services offered on the Website (the “T&C”). The Customer can access them at any times on the Website. Please carefully read these T&C before accessing or using the Website. In case you do not accept the T&C, you shall not access the Website nor use its services, including the possibility of placing an Order.

 

Yazbukey reserves the right to adapt or modify the T&C at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C published at the date of the order. Consequently, any orders placed via the Website entails the unconditional acceptance by the Customer of these conditions.

 

  1. Benefits of registering on the Website

 

To enhance his/her experience on the Website, the Customer can create an account and register. The information submitted by the Customer at the time of registration implies full accuracy and truth, and the Customer is fully liable for the accuracy of the said information. In the event the information provided is not accurate and true, the Company shall not be held liable and reserve its full rights of claiming a compensation. Should any of your registration information change, please notify us immediately at the following e-mail address eshop@yazbukey.com . We may also change registration requirements from time to time.

 

2.1 Benefits of registering for a Yazbukey account:

– Track your orders and review past purchases

– Build a customized Wish List to create personalized outfits that you can email to friends and family

– Save your address and card details so you can shop even quicker next time

– Manage your account details, address book and email preferences

 

2.2 Account Management

– To create an account, simply click on SIGN IN and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify Yazbukey immediately of any breach of security or unauthorized use of your account.

– If you have forgotten your password follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. For security reasons we are unable to send your password via email.

Please refer to our Privacy Policy for information about how we use your data.

 

  1. Disclaimer – Website Information and Access

 

The Website is an e-commerce merchant owned and managed by the Company. It is made available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by the Company or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events” as recognised by the French courts. Yazbukey is not liable for any damage incurred by an unavailability of the Website. The information provided by the Website is non-binding and given for indicative reasons only. Therefore it can not be considered as the Customer’s only source of information. If the Customer decides to base his/her purchase decision based only on the content of the Website, it is done at the sole Customer’s responsibility and the Company shall not be held liable for any claim.

 

The Company does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, the Company may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, the Customer accepts any such technical interruptions.

 

Yazbukey reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.

 

  1. Products

 

The Products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of the Company.  The Company cannot be liable in case of an order cancellation because of stock depletion.

 

Elements such as images, text, graphics and all the information and characteristics illustrating and/or accompanying the products are not contractual, which the Customer acknowledges. As such, the Company does not incur any liability for error or omission of any of these items or in case of modification of said elements by suppliers and/or publishers. The Company makes its best efforts to make sure that the pictorial elements are as accurate as possible, and can not be held liable for the colours as displayed by your computer screen.

 

It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.

In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the client may either exercise his right of withdrawal, or implement the Company guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.

 

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

 

  1. Orders Placement & Eligibility

 

5.1 Eligibility

The Site is available only to individuals and others who meet the Yazbukey terms of Eligibility, who have been issued a valid credit/debit card by a bank acceptable to Yazbukey, whose applications are acceptable to Yazbukey and who have authorized Yazbukey to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Yazbukey reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. Article 6 of the T&C detail the acceptance process.

By placing an Order you expressly authorize us to perform credit checks and when Yazbukey feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

 

5.2. Placing an Order

To place an Order, the Customer shall be at least 18 years of age and to have the legal capacity or hold parental permission allowing themselves to place an order on the Website. Furthermore, the Customer has the obligation to create a personal account by filling its personal data (the “Personal Account”). The Customer undertakes to provide the Company true, accurate and real information needed to perform the intended service of the present condition as requested online and relevant to their situation, including a valid first name, last name, full postal address, phone number and email address. We may also change registration requirements from time to time. . The information submitted at the time of registration implies full accuracy and truth. The Customer is held fully liable for the accuracy of the information provided. In the event the information provided is not accurate and true, the Company shall not be held liable and reserves its full rights of claiming a compensation. Should any of your registration information change, please notify us immediately at eshop@yazbukey.com.

A confirmation email will be sent by the Company to the Customer at completion of the Registration process, as well as at each Order placed

 

5.3. Other ways to place an order

To ensure a faster and easier connection or registration, you may also use the Facebook Connect functionality, which enables to pre-fill automatically the form.

 

  1. Orders Processing

 

All orders are to be performed exclusively on the Website, according to the procedure defined by Yazbukey. Any fee or cost related to the connection and access to the Internet are exclusively at the Customer’s charge.

 

Acceptance of an order placed via the Website is (i) subject to availability – the permanent or temporary unavailability does not in any way engage the responsibility of the Company, nor does it imply any right to compensation or damages in favour of the Client, (ii) subject to acceptance of payment, and (iii) subject to compliance with the procedure put in place, expressed by a succession of different stages that the Customer shall follow in order to validate their Order.  The Company reserves the right to cancel or refuse and order in case of dispute with the Customer on a previous order.

 

Any Order validated by the customer is considered as final and includes the acceptance of all T&C without reserve. An email confirmation summarizing the order (products, prices, product availability, quantity etc.) will be sent to the client by Yazbukey. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the Company. In any event, the invoices are available in the ‘my account’ section.

In case of a Shopping Basket not validated by the Customer, items in your basket are not reserved and may be purchased by other customers. In case you have registered your email address for notification of the arrival of a specific product featured on our Website, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period, and the Company can not be held liable for unvailability in such case.

Yazbukey will store a record of your transactions for a minimum of one year.

 

  1. Product Display Disclaimer

 

The Company reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of the Company to satisfy the client expectations, the Company may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.

 

The Company cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.

 

  1. Prices

 

Prices shown on the Website are expressed in Euros and are inclusive of French VAT, exclusive of Shipment fees, Customs duties and other taxes.

 

All prices and offers remain valid as advertised from time to time. The Euros price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error. From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

 

8.1 EU Customers:

Price displayed on the Website inclusive of French VAT is considered as final, and will be different from Final Cost of Purchase in the Order as the Shipping Costs are not displayed in the Products pages. Final cost of purchase in the Order will include Shipping cost that remains at the Customer’s charge.

 

8.2 Non-EU customers:

Price indicated inclusive of French VAT will be invoiced net of VAT. Customer will have to pay additional relevant import Duty and Tax, via direct invoicing by DHL or import broker appointed by you, according to the local legislation. These costs are not included in the final purchased price.  We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. Furthermore, Shipping costs remain at the Customer’s charge.

 

If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

 

  1. Payment

 

We accept Credit Cards (Visa, MasterCard), and any other methods which may be clearly advertised on the Site from time to time including PayPal.  You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Yazbukey, we will not be liable for any delay or non-delivery. No sending of cash on delivery will be accepted, whatever the reason.

 

The communication by the Customer of his or her credit card number is authorization for the Company to debit its account by the amount of the order.

 

The Company retains ownership of the Product until full payment by the Customer has been made. Purchases are made in a secure manner. Payment solutions adopted by the Company are 100% secure. All credit/debit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Yazbukey user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

 

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

 

  1. Delivery

 

Deliveries (the “Delivery” being understood as the transfer of the product’s physical possession to the Customer) are carried out by DHL, Monday to Saturday. Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in this section. The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the customer’s residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.

 

Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to the Company which reimburse the Customer within fifteen (15) days of the products’ receipt by the Company.

 

Orders are shipped within 7 (seven) business days at most for a delivery in metropolitan France and International, from the first business date after the confirmation of the Order. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and from November 23 to December 31, considering the significant increase of the orders volume.

 

Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery. Yazbukey  undertakes to inform the Customer of the evolution of the order processing and cannot be held responsible for consequences due to delayed delivery that are not of their making,  any delays caused by destination customs clearance processes and a case of force majeure (as defined below). If the delivery time is exceeded and is not justified by a case of force majeure, the Customer may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the Order. The Company cannot be liable of any direct or indirect damage resulting from delay of delivery.

 

Unfortunately, the Company cannot deliver to the following countries for legal reasons: Morocco, Brazil, Taiwan, South Korea, United Arab Emirates.

 

Delivery prices are indicated below. In the event your country of shipment does not appear, please drop us an email at eshop@yazbukey.com and we will gladly send you the quotation.

 

Price in EUR Up to 2,0 kg Up to 5,0kg More than 5,0kg
France 9,9 9,9 Price will be indicated at Order Confirmation
Belgium, Italy, Luxemburg, Netherlands, Spain, UK 13,8 16,3
Austria, Denmark, Finland, Greece, Ireland, Portugal, Sweden 14,3 17,3
Bulgaria, Croatia, Cyprux, Czech Rep, Estonia, Hungary, Latvia, Lithuania, Matla, Poland, Romania, Slovakia, Slovenia, 14,6 17,6
Albania, Andorra, Bosnia, Gibraltar, Jersey, Liechenstein, Macedonia, Norway, Serbia, Switzerland, Turkey 19 24
US, Canada, Mexico 19 24
Algeria, Egypt, Hong Kong, India, Indonesia, Japan, Korea, Malaysia, Morocco, Phillippines, Singapore, South Africa, Taiwan, Thailand, Tunisia 20 26
Belarus, Ukraine, UAE, Russian Federation 26 34
Rest of the World 27 35

 

  1. Withdrawal rights

 

11.1 General provisions

Pierced products (such as earrings), hosiery, and cosmetic products cannot be returned for hygiene reasons. Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns will not be accepted if this strip has been removed or if items are soiled, and will be sent back to the customer.

 

We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and may, at our discretion, lead to the closure of your Yazbukey account or future orders being refused.

 

11.2 France and Europe

Any non-professional French and European customer could use its withdrawal right during a period of fourteen (14) days from the Delivery. In such case, the client must send a request via mail at Yazbukey -Customer Service – eshop@yazbukey.com. The return request will be confirmed by the Company to the client by email. The client must follow the procedure mentioned into the email confirmation.

 

In case of the use of the withdrawal right, the products must be returned to the Company within 14 days from the use of the withdrawal right by the client. After such 14 days, the sale is final. The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it. Return of the product(s) is the responsibility of the customer if the order was placed from abroad and is at their own risk.  Return is free-of-charge if the order was placed from France and Europe. In such case, the customer must use the prepaid shipment label in order to facilitate the reimbursement of the order.

 

In all cases, the expenses of returning the product are covered by Yazbukey if the product delivered is damaged or different from the product ordered. If the client does not adhere to these terms and conditions, including conditions of return or exchange, the Company cannot proceed to refund the products in question.

 

11.3 Non EU customers

In the case of a Customer based out of France and Europe, the Company reserves the right to accept the return or not, on a case by case basis, and Customer will need to justify the Return request.

 

  1. Liability

 

The Company only has, for all stages of access to the site, the ordering process for the shipping of the package or subsequent services, an obligation of means. The responsibility of Yazbukey cannot be engaged for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or presence of computer viruses or any other incident of force majeure, according to law and jurisprudence.

 

  1. Legal guarantees

 

Yazbukey, with a registered office located at 61 rue Réaumur, 75003 Paris, France, acting as a “guarantor” with the meaning mentioned in articles L217-5 and seq. French Code de la Consommation and articles 1641 and seq. of the French Code Civil.

 

Therefore :

– The client may introduce an action resulting from lack of conformity lapses two years after delivery of the Product ;

– In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery;

– In the event of lack of conformity, the buyer shall choose between repair and replacement of the product, subject to the costs according to Article L217-9 of the French Code de la Consommation.

 

The legal guarantee of compliance applies regardless the commercial guarantee described below.

The client may also introduce an action based on the latent defect as the meaning of Article 1641 and seq. of the French Code Civil. Such legal guarantee of latent defect allows the client to ask for the repayment of a product which is not compliant with the use which may reasonably be expected of it, within 2 years from the discovery of the latent defect.

The client has the choice between two options: keep the Product and ask for a price discount or return the Product and ask for the complete repayment of the price paid, according to the Article 1644 of the French Code Civil.

 

Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:

 

Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”

 

Art. L. 217-5. of the Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”

 

Art. L. 217-12 of the Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”

 

Art. 1641 of the Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the customer would not have purchased it, or would only have offered a lower price for it, had they known of them.”

 

Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”

 

Force Majeure

Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event, in addition to those regularly cited by the jurisprudence of the French courts and tribunals, are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.

 

All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the contract concerned shall be terminated automatically without indemnity to one or other of the parties.

 

  1. Intellectual Property

 

In no case the customer can download or modify all or part of the Site and its contents (listed products, descriptions, images, videos …).

This Site or any portion of this Site shall in no case be reproduced, copied, sold or exploited for commercial purposes without the express written permission of Yazbukey. In general, all copyrights, trademarks and other distinctive signs and property rights or intellectual property appearing on the Site, will remain the full property of Yazbukey.

The Customer is therefore obliged to respect intellectual property rights and will not in any way use the trademarks appearing on the Website and on the Products in any eventuality, or deposit a trademark that would prejudice the rights of the owner, unless otherwise stated by contract.  You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising

revenue generation activity on your own Site.

 

It is the same for any other right of intellectual property.

 

  1. Partial Invalidity

 

If any provisions of this T&C are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.

 

  1. Applicable Law

 

These General T&Cs are governed by the laws of France.

In the event of a dispute between the Client and the Company concerning the interpretation, performance or termination of this T&C, the Company strongly encourages the Client to contact the company in the first instance to attempt to resolve the disagreement amicably. Yazbukey hereby notifies Clients that there are alternative dispute settlement options such as mediation or arbitration.

If no amicable solution to the dispute is found, the Company and the Client agree to refer the dispute to the French courts. The terms of this article do not deprive consumers of their right to take legal action, or to defence in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.

Clients might also contact the platform of amicable solution to the dispute of the European Commission available at http://ec.europa.eu/consumers/odr/.

 

  1. Updates

 

These general conditions can be modified at any time without notice by Yazbukey, the applicable conditions are those in effect on the date of the order by the Customer.

 

These general conditions of sale are available permanently at the following address: https://www.yazbukey.com in a digital format modified for printing and/or downloading, so the Customer may reproduce or save them at any time.

 

  1. Access to Personal Information

 

Yazbukey agrees to only use the confidential information of its Customers in the case of operation of its website.

 

In order to effectuate the successful processing of an order, the nominative data collected will be subject to a data processing, of which the Customer acknowledges having knowledge. As such, the information may be disclosed to the technical providers of Yazbukey.

 

Moreover, Yazbukey is able to apply technical means in order to obtain non-personal information about users in order to improve the functionality of the site, for example by plotting the number of visitors to certain pages.

 

According to the law of 6 January 1978 amended by the Act of 6 August 2004, the Customer has a right to access and correct personal data in the files of Yazbukey. All requests must be sent by email to: eshop@yazbukey.comor by mail to the following address: Yazbukey, 61 rue Réaumur, 75003 Paris, France

 

This computer processing has been declared to the Commission Nationale Informatique et Libertés (CNIL) that issued the receipt No. 1517135 v 0 on 29 June, 2011.