1. Definitions
YOKKO - Commercial Society YOKKO FASHION SRL , organized based on the Romanian law, with the headquarters in 42 Sapte Drumuri St., 031648 Bucharest , Romania, fiscal identification code RO 7137693, registered at the Trade Register under the no. J40/1195/1995, with 18200 lei subscribed capital, having the bank account in lei RO07 RZBR 0000 0600 0463 8322 at RAIFFEISEN BANK SMB, phone (021) 324-4814, email office@yokko.ro, EORI number RO7137693, temporary ANSPDCP registration number 2447.
SITE - The domain names yokko.ro, yokko.eu and their sub domains, including but not resumed to the public available sites www.yokko.ro and www.yokko.eu.
CONTENT has the following definition:
- all the information on the SITE that can be visited, visualized or otherwise accessed through the usage of a numerical equipment;
- the content of any news bulletin or e-mail sent to its USERS or CLIENTS by YOKKO through electronic and/or any other available communication means;
- any information communicated through any means by an employee of YOKKO to the USER or CLIENT, according to the contact information, specified or not by him/her;
- information regarding the products, services and/or tariffs practiced by YOKKO in a certain period;
- information regarding the products, services and/or tariffs practiced by a third party with whom YOKKO has closed partnership contracts, in a certain period;
- data regarding YOKKO, or any other YOKKO privileged data.
SERVICE - electronic trade service conducted exclusively on the available parts of the public SITE, in the sense of offering the possibility to the CLIENT to contract products and/or services using exclusively electronic means, including any other distance communication means (e.g. telephonic).
USER - Physical or juridical person of public or private right who has or obtains access to the CONTENT, through any means of communication (electronic, telephonic, etc) or based on usage agreement between YOKKO and him/her without requiring an ACCOUNT.
ACCOUNT - ensemble composed of an e-mail address and a password that allows a single USER to access restricted areas of the SITE through which the access to the SERVICE is permitted.
CLIENT - Physical or juridical person of public or private right who has or obtains the access to the CONTENT and to the SERVICE, through any means (electronic, telephonic, etc) or based on usage agreement between YOKKO and him/her, or the physical or juridical person who benefits from the products and or services offered by YOKKO and acquired by him/her by using the SERVICE.
DOCUMENT - the present Terms and Conditions.
Remote CONTRACT - according to the definition described in O.G. 130/2000 article 2 letter a.
NEWS BULLETIN / NEWSLETTER - the means of periodical informing, exclusively electronic, on the products, services and/or promotions under development by YOKKO in a certain period of time, without any engagement from YOKKO regarding the information contained by the newsletter.
TRANSACTION – cashing or reimbursement of a sum resulted from the sale of a product/service by YOKKO to the Client, by means of using the services provided by the bank card data processor agent to whom YOKKO has agreed, unaffected by the delivery method
2. General
2.1. The document establishes the terms and conditions of using the site/content/service by the user or client, in the case he/she doesn't dispose of another valid usage agreement, concluded between YOKKO and him or her.
2.2. The usage, including but not resumed to accessing, visiting or visualizing the content/service, implies joining the user or client to the present terms and conditions, excluding the case when the content does not have usage conditions distinctly stipulated.
2.3. The access to the service is done exclusively through accessing the public available site www.yokko.ro.
2.4. By using the site/content/service, the User or the Client is the only responsible for every activity that emerge by using it. Also, the User or the Client is responsible for any material, intellectual, electronic damage or any other damage produced to the site, content, service, YOKKO or any third party with whom YOKKO has closed contracts, according to the Romanian current legislation.
2.5. In case the User or the Client does not agree and/or accept and/or revokes the acceptance given for the document:
2.5.1. The User/Client renounces to: the access to the service, other services offered by YOKKO through the site, receiving the news bulletins and/or communications from YOKKO of any nature (electronic, telephonic, etc), without any subsequent guarantee from YOKKO.
2.5.2. YOKKO will erase all the data that makes reference to it from its database, without any subsequent mutual obligation of any of the parts or without the right of any of the parts to ask for damages-interests.
2.5.3. Can reconsider at any point its decision of not agreeing to and/or not accepting the document under the shape that it will be available in that moment.
2.6. The Client/User can reconsider at any point its decision to agree to and/or accept the document under the shape that it will be available at that moment.
2.7. In order to exercise the right foreseen in article 2.5., he/she can contact YOKKO or he/she can use the links in the content received from YOKKO for this specific purpose.
2.8. The Client cannot revoke his agreement that was expressed in favor of the document, during the period of the contract or until the moment when he/she pays the counter value of all the Contracts not honored to YOKKO.
2.9. In case the Client has paid the counter value of all the Contracts not honored to YOKKO and revokes his agreement expressed in favor of the document during the period of the Order, YOKKO will cancel the Order without any subsequent mutual obligation of any of the parts or without the right of any of the parts to ask for damages-interests.
3. Registered Brands
3.1. The YOKKO, KK and YOKKO - The Fashion Sore marks are registered trade marks of SC YOKKO FASHION SRL in Romania under the following numbers 54258, 118906, respectively 119849.
3.2 None of the registered brands of SC YOKKO FASHION SRL can be used totally, partially, transferred and/or modified under any form, electronic or written press without the previous written agreement of YOKKO.
4. Content
4.1. All the content, including but not resumed to static images, dynamic images, text and/or multimedia content presented on the site are the intellectual property of YOKKO or of third parties, case in which the content can be followed by the original property title and/or any other note requested by the rightful owner of the respective content for which YOKKO has the usage and/or publication license.
4.3. The User or the Client is not allowed to copy, transfer, modify and/or otherwise alter, use, link to, expose, include any of the content in another context than the original one intended by YOKKO, including any content outside the YOKKO site, removing the signs that signify the author right of YOKKO above the content as well as participating to the transfer, selling, distribution of the materials made by reproducing, modifying or publishing the content unless with the express approval of YOKKO.
4.3. Any content to which the User or the Client has and/or obtains access by any means, is under the incidence of the document, in case the content is not associated with a specific usage agreement that is valid, between YOKKO and he/she and without any guarantee implicitly or deliberately stipulated by YOKKO in regard to this content.
4.4. The User or the Client can copy, transfer and/or use the content only for personal or non-commercial purposes only in the case that these purposes do not enter in conflict with stipulations of the document.
4.5. In case YOKKO confers to the User or to the Client the right to use under the described form in a distinct usage agreement, a certain content that the User has or obtains access based on this agreement, this right extends only to that specific content in the agreement, only for the period of that agreement or the availability of that content on the site, according to the conditions defined in the agreement, and they do not represent a contractual agreement from YOKKO for that User, Client or any other third party that has/obtains access to this transferred content by any means and witch could be or is prejudiced in any way by this content during or after the expiration of the usage agreement.
4.6. No content transmitted by the User or Client through any means of communication (electronic, telephonic, etc) or obtained by him/her by accessing, visiting and/or visualizing does not represent a contractual obligation from YOKKO and/or employee of YOKKO who has mediated the content transfer, in case it exists, to the respective content.
4.7. Any usage of the content in other purposes than the ones distinctly permitted through the document or by the usage Agreement that follows it, in case it exists, it is forbidden.
5. Contact
5.1. YOKKO publishes on the site complete and correct identification and contact data for the User or Client.
5.2. By using the contact form or the present service on the site, the User or the Client permits YOKKO to contact him/her through any available means including electronic means.
5.3. Partial or total completion of the contact form and submitting it do not represent in any way an engagement from YOKKO to contact the User or the Client.
5.4. Accessing the site, using the information presented on the site, visiting the pages or sending e-mails or notifications addressed to YOKKO are done electronic, telephonic, or by any other communication means available to the User or Client and YOKKO, considering in this way that the User or Client permits to receive the notifications from YOKKO in the electronic and/or telephonic way, including communications through e-mail or announcements on the site.
5.5. YOKKO reserves the right not to answer to all the solicitations of any nature received through any means of communication (electronic, telephonic, etc).
6. News Bulletin
6.1. Receiving the news bulletin presumes the completion of a form by the User or Client and accepting unconditionally the document, in case he/she hasn't already expressed his agreement.
6.2. The data taken from the User or Client for the purpose of sending the bulletin can and will be used by YOKKO under the limits of the confidentiality Policy.
6.3. Renouncing to receive the news bulletin by the User or Client can be done at any time:
6.3.1. Using the special link in any news bulletin.
6.3.2. By modifying his agreement of receiving the bulletin and using pages in the restricted areas by using the account.
6.3.3. By contacting YOKKO according to the contact information and with no subsequent obligation of any of the parties or without the right of any of the parts to ask for damages-interests.
6.4. Renouncing to receive the news bulletin does not imply renouncing the approval given for the document.
6.5. YOKKO reserves the right to select persons to whom it will send the news bulletin and the right to eliminate from the database any User or Client who has previously expressed their consent to receive the news bulletin, without any subsequent engagement or previous notification from YOKKO.
6.6. YOKKO will not include in its news bulletins that are sent to the User or to the Client any advertising material under the form of content referring to a third party that is not a YOKKO partner at the time of sending the bulletin.
7. Confidentiality Policy
7.1. YOKKO collects data with a personal character and data with a special character (CNP) on the pages of its site only with the voluntary approval of the User or Client, for the following purposes:
- validation, sending and invoicing the orders to the User or Client;
- solving the cancellations or the problems of any nature referring to an order or to a contract, to the services or products acquired by the User or Client;
- in order to ensure the access to the service;
- sending periodic news bulletins exclusively in electronic format;
- contacting the User or Client at his/hers voluntary request;
- contacting the User or Client for Client Service matters;
- statistics purposes;
7.2. YOKKO can involuntary collect other data (IP address, visit hour, access place, name and Internet browsers, operating system, including other parameters) provided by the internet browsers by means of which the access to the site is made and can be used by YOKKO in order to improve the services offered to the Clients or Users, or for a statistics purpose; there is an exception represented by the case when stipulations of the document are broken, for the eventuality of the case when the result of the User's/Client's actions is against the YOKKO’s interests or produces to YOKKO damages of any nature, or for the potential third parties with whom YOKKO has partnership contracts at that moment.
7.3. The Client has the right to refuse the collecting of his/hers personal data and to request their deletion, consequently revoking the approval given for the document and renouncing at any implicit right specified in the document without any subsequent mutual obligation of any of the parts or without the right of any of the parts to ask for damages-interests, but only in accordance with the article 2.8.
7.5. Using the forms available on the site, the Client or the User has the right to modify the data that he/she has declared, to reflect any modifications that had happened, in the case they exist.
7.6. In case the Client decides to pay the counter value of the order, the contract and/or the contracts with a credit card, the processing of the bank card data is done exclusively on the GECAD ePayment International SRL servers.
7.7. YOKKO does not ask for, nor stores any kind of information regarding the bank card or cards of the Client.
7.8. YOKKO's confidentiality policy refers only to the data voluntary provided by the Client or User exclusively on the site. YOKKO is not responsible for the confidentiality policy practiced by any other third party that can be reached through links, no matter their nature, outside the site.
7.9. YOKKO obliges itself that the data collected from the Client/User to be used only in accordance with the purposes stated and not to make public, to sell, to rent, license, transfer, etc, the data base containing information regarding the data with a personal or special character of the User/Client to any third party not involved in accomplishing the declared purposes.
7.10. There is an exception represented by the situation where the transfer/accessing/visualizing/etc is requested by an authority that has this guaranteed right offered by the Romanian current legislation at the date of the event occurrence.
7.10’. The bank card data processor agent agreed to by YOKKO has the right to access / visualize any kind of data / documents resulted from an Order, cancelled Order, Contract, cancelled Contract or honored Contract, in order to investigate any Transaction, in case it exists.
7.11. YOKKO guarantees that the personal data of the User, collected through the contact form, will be used only for solving the communicated problem, after which they will become data with an exclusive statistics character.
7.12. YOKKO is not responsible for the malfunctions that could damage the server security that hosts the data base that contains these data.
8. Online Selling Policy
8.1. Access to the service
8.1.1. The access to the service is allowed to any user who has or creates an account.
8.1.2. In order to have access to the service, the User has to accept the stipulations of the document.
8.1.3. YOKKO can restrict the Client's access to the service, depending on his/hers previous behavior.
8.1.4. It is forbidden to split an account between several clients.
8.1.5. When such situations occur, YOKKO reserves the right to cancel or suspend the Client's access to the content or the service.
8.2. Products and services
8.2.1. YOKKO can publish on the site information regarding the products, services and/or promotions practiced by YOKKO or by any third party with whom YOKKO has closed partnership contracts, in a certain period of time and in the limit of the available stock.
8.2.2. The products and/or services acquired through the service are exclusively for the personal use of the Client.
8.2.3. YOKKO can restrict the acquisition capacity of some products or services available on the site at a certain moment for one or several Clients.
8.2.4. All the products' or services' tariffs presented on the site include VAT.
8.2.5. The tariffs of the products and services can be posted on the site in another currency than RON, depending on the interface language, voluntary chosen by the Client or User.
8.2.6. The products and/or services tariffs posted on the site in another currency than RON have a purely informative character and can be different when equivalent expressed in RON, depending on the exchange rate used by YOKKO.
8.2.7. The invoicing of the acquired products is done exclusively in RON.
8.2.8. In the online payment cases, YOKKO is not/can not be made responsible for any of the additional tariffs handled by the Client, including but not resumed to the exchange commission applied by the bank that provided the card, in case it’s currency is different from RON. The responsibility for this situation belongs only to the Client.
8.2.9. All the information used for the description of the products and/or services available on the site (texts/static images/dynamic/multimedia presentations/etc) do not represent a contractual obligation from YOKKO, they are only with a presentation title.
8.2.10. Regarding the description of the products and/or services, YOKKO reserves the right to use other products (accessories/etc) that may not be included in the products' costs.
8.3. The validity of the offer
8.3.1. YOKKO reserves the right to modify the tariffs practiced for the products and/or services available on the site/sites without the previous notification of the User or Client.
8.3.2. The acquisition price of the products and services is the one from the moment of placing the order, in the limit of the available stock.
8.3.3. The acquisition price of the promotional products and services is the one from the moment of placing the order, in the limit of the available stock and/or the promotion period, in case it is defined.
8.3.4. The acquisition price of the products and services from a placed order cannot be modified at a later time than the one of the order placement unless there is a mutual agreement.
8.3.5. The acquisition price of the products and/or services acquired through a contract honored according to the article 8.6.3. cannot be modified.
8.3.6. The Client can renounce at the products or services acquired by order, only in the period of time between the placing of the order and its transformation into a contract according to the article 8.4.8, only when the chosen payment method is repayment.
8.3.7. The Client can renounce at the products or services acquired by order, only in the period of time between the placing of the order and its transformation into a contract according to the article 8.4.8, when the client is contacted (contacts) by YOKKO according to the article 8.4.2. and the chosen payment method is bank card.
8.3.8. The client can renounce at the products and/or services acquired through a contract, according to the article 8.9.
>8.4. Online Order
8.4.1. The Client can place products orders sold at a certain moment, exclusively on the YOKKO site.
8.4.2. By accomplishing the order, the Client confirms that all the provided data, the necessary data to proceed with the purchase, are correct, complete and true at the placement of the order (named in this document and the placed order).
8.4.3. By accomplishing the order, the Client confirms that YOKKO may contact him/her in the following purposes/situations, through any available means/approved by YOKKO depending on the purpose/situation:
- 8.4.3.1. Rejection of the transaction from the bank that issued the card, in case of a bank card payment;
- 8.4.3.2. Invalidation of the transaction by the card processing agent approved by YOKKO, in case of a bank card payment;
- 8.4.3.3. Validation of the product availability and the quantities acquired by the Client.
- 8.4.3.4. Validation by the Client of the counter value of the placed order according to the article 8.4.3.3. depending on the situation and other services with VAT (e.g. Transport, etc);
- 8.4.3.5. Establishing common agreed product delivery details.
8.4.4. YOKKO can automatically denounce the order placed by the Client without any subsequent mutual obligation of any of the parts or without the right of any of the parts to ask for damages-interests, in the following situations:
- 8.4.4.1. Rejection of the transaction from the bank that issued the card, in case of a bank card payment;
- 8.4.4.2. Invalidation of the transaction by the card processing agent approved by YOKKO, in case of a bank card payment;
- 8.4.4.3. the data provided on the site by the Client are incomplete and incorrect;
- 8.4.4.4. the Client's activity on the site and/or produces damages of any nature to YOKKO and/or its partners.
- 8.4.4.5. without any justification.
8.4.5. The Client can renounce at the placed order when he/she is contacted according to 8.4.3.
8.4.6. In case the Client renounces at an online payment order and if the bank that issued the card authorizes the transaction, in the sense of blocking the counter value of the acquired products and services in the Client's bank account, the amount of money will be unblocked by YOKKO in maximum 48 hours from the date that YOKKO was informed about this aspect.
8.4.7. In case some of the products ordered by the Client through an online payment order are not available on stock, YOKKO will inform the Client regarding this fact and will dispose the unlocking of the product counter value in the Client's account, in maximum 48 hours from the date when YOKKO was informed about this aspect.
8.4.8. In case the Client has chosen the payment method through a bank card, and the counter value of the ordered products/services was blocked on his card, he/she has the right to modify the content of the order, when contacted by YOKKO according to the article 8.4.3., in the limit of the value blocked on the card.
8.4.8’. In case the Client has modified its Order in respect to art 8.4.8, and the counter value of its new Order is smaller than the counter value of the Initial Order, YOKKO will dispose the unlocking of the value resulting from the difference between the Initial Order counter value and the New Order counter value, in maximum 48 hours from the date when YOKKO was informed about this aspect.
8.4.9. When the Client validates the counter value of the placed order or when YOKKO informs the Client about its validated Order, the order becomes a Contract at long Distance, and as consequence become valid the definitions described in O.G. 130/2000 article 2, presented in this document Contract, to which is annexed, but not limited to, the present Terms and Conditions.
8.4.10. The products delivery details, including but not resumed to the required delivery time do not become a contractual obligation from YOKKO, without any of the parts to be able to claim to the other part damages-interests, in case any of the parts can be or already is prejudiced in any way as a consequence to breaking them.
8.4.11. In case a Client modifies his personal data, using the forms available on the site, all the present valid contracts maintain the data presented/accepted by the Client prior to the modification time.
8.5. Telephone Order
8.5.1. The Client/User cannot make telephone orders.
8.6. Contract and Termination
8.6.1. YOKKO will include in the package shipped to the Client all the required documents that will prove the products/services acquisition by the Client.
8.6.2. YOKKO will facilitate the Client's informing regarding the termination stage of the order or contract.
8.6.3. The Contract and the documents that state the delivery of the ordered products to the Client, from YOKKO, becomes an honored Contract.
8.7 Delivery methods
8.7.1. The Client can choose only for one of the products/services delivery methods, available on the site at the moment of the order placement, no matter the order type.
8.8. Quality and guarantees
8.8.2. The quality and the conformity of any product or service provided by YOKKO, but acquired after contracting it from a third party, becomes totally to the third party.
8.8.3. YOKKO does not guarantee the availability on stock of any of the available products/services that are for selling on the site.
8.9. Returning the products
8.9.1. A YOKKO Client can return the products acquired through a Contract, in the following situations:
- 8.9.1.1. The product is not according to the site specifications.
- 8.9.1.2. The packages that have severe damages.
- 8.9.1.3. The products were incorrectly delivered.
- 8.9.1.4. The products that have incorrect ordered shapes (sizes).
- 8.9.1.5. "The Consumer has the right to denounce unilateral the distance contract, without penalties and without invoking a reason, in 10 working days time from receiving the product or, in case of service performance, from the contract closing. The only costs that may belong to the consumer are the direct costs for returning the products" according to the O.G. 130/2000, for physical persons who purchase products from the sites, using the long distance communication techniques, being valid at this point the definitions in O.G. 130/2000 article 2, letter e.
8.9.2. The Client is obliged to notify YOKKO the intention to return the products, through any means of written communication (e-mail/fax/etc) in term of maximum 10 working days from receiving the products and/or services, in case of article 8.9.1.5.
8.9.3. The Client is obliged to notify YOKKO the intention to replace the products according to the article 8.9.1.4. through any means of communication (e-mail/fax/etc) in term of maximum 10 working days from receiving the products and/or services, according to article 8.9.1.5.
8.9.4. The Client who has notified YOKKO according to the art 8.9.2 / art 8.9.3, has the responsibility to ensure that the products that are in discussion will be returned to YOKKO in maximum 10 working days from the notification date, otherwise YOKKO considers the request groundless/invalid.
8.9.5. The Client cannot exercise the rights specified in article 8.9.1 inside a YOKKO store
8.9.6. The YOKKO Client cannot return the products acquired through a Contract and/or can not claim any other damages-interests in the following situations:
- 8.9.6.1. Replacing the purchased product with another product with different specifications or of another type, excepting the situation foreseen in article 8.9.1.4.
- 8.9.6.2. The return request in case of article 8.9.1.2. or 8.9.1.3. caused by any situation described in article 8.9.1. has the shipment date that exceeds the 10 working day period according to article 8.9.1.5., from the working day following the date of the honored contract.
- 8.9.6.3. In case of returning of the product based on one of the causes stated in art.8.9.1., the returned product is not in the same condition that it was delivered (in the original package with all the intact labels and documents that were accompanying it).
8.9.7. In case of the reimbursement of the product counter value, it will done in no more than 14 days from the reimbursement confirmation.
8.9.8. In case of replacing the product with an identical one, according to article 8.9.1.4., the replacement will be done in the conditions and limits of a regular order.
8.9.9. In case the Client who has returned the product has done it in accordance with the statements of article 8.9.1.4., and YOKKO does not have an identical product for the replacement, it will offer the counter value of the product and in accordance with article 8.9.7.
8.9.10. The counter value of the supplementary services including but not limited to the transport of the products, paid by the Client, will not be reimbursed.
8.9.11. In all cases, the reimbursement/re-shipment costs will be handled by the Client.
9. Fraud and SPAM
9.1. YOKKO does not request from its Clients or Users by any means of communication (e-mail/telephone/SMS/ etc) information regarding confidential data, bank accounts/cards or personal passwords.
9.2. Exception to article 9.1. are the Clients that are juridical persons, in the sense of obtaining the account number, Client's bank, to which the invoicing will be done for the order, in the case of the telephone order.
9.3. The Client/User assumes the entire responsibility for the divulgation of its confidential data to a third party.
9.4. YOKKO declines any responsibility, in the situation where the User/Client might have/is prejudiced under any form by a third party that claims to be/represent YOKKO's interests.
9.5. The Client or User will inform YOKKO regarding such attempts, using the contact details.
9.6. YOKKO does not promote SPAM.
9.7. Any User/Client who has explicitly provided his e-mail address on the site can choose to delete it.
9.8. The communication done by YOKKO through electronic long distance communication means (e.g. e-mail) contains complete identification data of the sender or links to it, at the date of sending the content.
9.9. The following reached or not reached purposes will not be considered fraud attempt of the site/content and/or YOKKO will start the penal investigation against the one or the ones who have tried or already reached the purpose/s:
9.9.1. to access any kind of data of another Client/User by™ using an account or any other method.
9.9.2. to alter or any other how modify the content of the site or the Content that is sent by any method by YOKKO to the User/Client.
9.9.3. to affect the server/s performances that sustain the site/s.
9.9.4. to access or disclose to any third party that does not have the necessary legal authority, the sent content by any means by YOKKO to the Client/User when he is not the legitimate addressee of the content.
10. Responsibility limitation
10.1. YOKKO can not be held responsible in the face of any physical or juridical person who uses or relies on the content.
10.2. YOKKO can not be held responsible for any kind of prejudice (direct, indirect, accidental or not/etc) that results from using or from the incapacity to use the content information presented or not on the site or for any type of errors or omissions in the content presentation that could lead to any kind of loss.
10.3. In case the User/Client considers that the Content sent by YOKKO through any means, violates the copyrights or any other rights, it can contact YOKKO for further details, according to the contact details, so that YOKKO can take the appropriate decision.
10.4. YOKKO does not guarantee the User or the Client access to the site or to the service and does not confer the right to download or modify partially and/or totally the content, to reproduce the content partially or totally, to copy, or to exploit any content in any other way, or to transfer to any third party any content over which has and/or has obtained access, on a usage agreement, without YOKKO's previous written approval.
10.5. YOKKO is not responsible for the content, quality or nature of other sites that one can access through content links, no matter the nature of these links. The responsibility for these sites belongs totally to the sites owners.
10.6. YOKKO is free of any fault in case of the accessing of the sites and/or contents sent to the User or Client by any means (electronic, telephone, etc) through the sites, e-mails or any employee of YOKKO, when he uses the content in order to produce damages of any nature to the User, Client and/or any other third party involved in this content transfer.
10.7. YOKKO does not offer any kind of direct or indirect guarantees such as:
- 10.7.1. the service will be suitable for the client's requests
- 10.7.2. the service will be constant, certain or without any errors of any kind
- 10.7.3. the products/services obtained free of charge or with a cost through the service will correspond to the client's requests and expectations.
10.8. The operators, administrators and/or owners of the site are not under any circumstance held responsible for their relations or consequences resulted from, but not limited to, acquisitions, special offers, promotions, promotions, or any other type of relation/connection/transaction/collaboration/etc that might appear between the Client or User and any of those who make direct or indirect promotion through the site.
11. Force Majeure and the fortuitously case
11.1. Excepting the cases where it was not expressly stipulated in a different way, none of the parties of a contract closed according to article 8.4.8 or 8.5.4. that is still under development, will not be held responsible for the non-execution on time and/or accordingly, totally or partially, of any of the obligations that obliges them through the contract, if the non-execution of that specific obligation was caused by a force majeure event.
11.2. The party or the legal representative of the party that invokes the event above mentioned is obliged to announce the other party, immediately and in a complete manner, the occurrence of the event and to take any measures that are at his/her disposal in order to limit the event's consequences.
11.3. The party or the legal representative of the party that invokes the event above mentioned is free of this obligation only if the event prevents it to finalize it.
11.4. If in 15 days time from the occurrence of the event, the respective event does not stop to exist, every party will have the right to notify the other party the rightful closure of this contract without any of the parties to be able to claim for damages-interests.
11.5. The party that invokes the force majeure event must prove the impossibility of performing its obligations in 30 days time from the date of the event occurrence but in the limits of article 11.3.
12. Litigations
12.1. By using/visiting/visualizing/etc the sites and/or any content sent by YOKKO to the User/Client through the accessing and/or sending by any means (electronic, telephone, etc), he agrees at least with the present "Terms and Conditions of usage".
12.2. Any dispute regarding the present "Terms and Conditions" that might appear between the User/Client and YOKKO will be solved in a friendly manner.
12.3. YOKKO is not responsible for any loss, costs, law suites, pretensions, expenses or any other responsibilities, in case they are directly caused by not respecting the Terms and Conditions.
12.4. Any dispute of any kind (exclusively art.12.2.) that might appear between the User and YOKKO or its partners will be solved in a friendly manner. If this is not possible, the conflict will be solved in a court of law in accordance with the valid Romanian laws.
12.5. If any of the above mentioned stipulations will be found null or not valid, no matter the cause, this stipulation will not affect the validity of the other stipulations.
12.6. The present document was written and will be interpreted in accordance with the Romanian law.
13. Final stipulations
13.1. YOKKO reserves the right to make any modifications to these stipulations, as well any other modifications to the site/its structure/service, including modifications that might affect the site and/or any content without previously notifying the User or Client.
13.2. YOKKO can not be held responsible for eventual errors that appear on the site due to any cause, including the cause of modifications, set-ups, etc that are not being operated by site administrator.
13.3. YOKKO reserves the right to introduce advertising banners of any nature and/or links on any page of the site, respecting however the current legislation. Exceptions are the pages where there are presented the partner firms or their offers, where there will not be introduced banners of a competitive nature.
TCC changes summary
Revision | Date | Changes |
Revision 1 | 29-MAY-2013 |
|
Revision 0 | 25-OCT-2007 | Initial revision |