By using Yucopia Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Yucopia Services, and sometimes additional terms may apply. When you use a Yucopia Service you also will be subject to the guidelines, terms and agreements applicable to that Yucopia Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of Yucopia Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Yucopia Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Yucopia Services, such as our
Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Yucopia Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Yucopia or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any Yucopia Service is the exclusive property of Yucopia and protected by international copyright laws.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Yucopia or its content providers grant you a limited, non-exclusive, nontransferable, non-sublicensable license to access. The implementation of a fee for the use of this license due to market circumstances or implementation of extra features and software upgrades is at the sole discretion of Yucopia. Yucopia or its content providers grant you a personal and non-commercial use of the Yucopia Services. This license does not include any resale or commercial use of any Yucopia Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Yucopia Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Yucopia or its licensors, suppliers, publishers, rightsholders, or other content providers. No Yucopia Service, nor any part of any Yucopia Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Yucopia. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yucopia without express written consent. You may not use any meta tags or any other “hidden text” utilizing Yucopia’s name or trademarks without the express written consent of Yucopia. You may not misuse the Yucopia Services. You may use the Yucopia Services only as permitted by law. The licenses granted by Yucopia terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own Yucopia account to use Yucopia Services, you need to be at least 18 years of age, and you may be required to be logged in to the account and have a valid payment method associated with it if necessary. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Yucopia does not sell products. Yucopia facilitates the ordering and administration process for its suppliers. The relationship between buyer and supplier is direct and supplier is responsible for product, delivery and payment follow up. Validating an order is equal to signing a contract and means you are obliged to fulfil this agreement. If you are under 18, you may use the Yucopia Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Yucopia Household. Alcohol listings on Yucopia are intended for adults. You must be at least 18 years of age to purchase alcohol, or use any site functionality related to alcohol. Yucopia reserves the right to refuse service, terminate accounts, terminate your rights to use Yucopia Services, remove or edit content, or cancel orders in its sole discretion.
PAYMENT
Yucopia’s invoices must be paid within 15 days from the invoice date. For every unpaid invoice, interest on arrears will be charged, ipso jure and without notice of default, from the invoice date, in accordance with the law of 2/8/2002 on combating late payment in commercial transactions, with a minimum of 12% per year. In addition, damages will be charged, ipso jure and without notice of default. This compensation will never be less than 12% of the amount of the invoices and will be at least € 100.00. In the event of non-payment or partial payment of an invoice on the due date, all outstanding invoices shall become immediately payable by operation of law and without notice of default.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Yucopia reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Yucopia a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Yucopia and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Yucopia for all claims
resulting from content you supply. Yucopia has the right but not the obligation to monitor and edit or remove any activity or content. Yucopia takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY
COMPLAINTS
Yucopia respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please send an email to laura@yucopia.com
RISK OF LOSS
All purchases of physical items from Yucopia are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Yucopia does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Yucopia does not take title to the refunded item.
PRODUCT DESCRIPTIONS
Yucopia attempts to be as accurate as possible. However, Yucopia does not warrant that product descriptions or other content of any Yucopia Service is accurate, complete, reliable, current, or errorfree. If a product offered by Yucopia itself is not as described, your sole remedy is to return it in unused condition.
PRICING
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Yucopia and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Yucopia.
With respect to items sold by Yucopia, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the
correct price of an item sold by Yucopia is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
APP PERMISSIONS
When you use apps created by Yucopia, such as the Yucopia App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Yucopia Service if you are the subject of Belgian sanctions or of sanctions consistent with Belgian law imposed by the governments of the country where you are using Yucopia Services. You must comply with all Belgian or other export and re-export restrictions that may apply to goods, software (including Yucopia Software), technology, and services.
OTHER BUSINESSES
Parties other than Yucopia operate stores, provide services or software, or sell product lines through the Yucopia Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Yucopia. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Yucopia does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE YUCOPIA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YUCOPIA SERVICES ARE PROVIDED BY YUCOPIA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YUCOPIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE YUCOPIA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YUCOPIA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE YUCOPIA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, YUCOPIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YUCOPIA DOES NOT WARRANT THAT THE YUCOPIA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE YUCOPIA SERVICES, YUCOPIA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM YUCOPIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, YUCOPIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY YUCOPIA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY YUCOPIA SERVICE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any Yucopia Service, or to any products or services sold or distributed by Yucopia or through Yucopia.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim
proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
In the absence of an amicable settlement, the courts and tribunals of Antwerp shall have exclusive jurisdiction to settle the dispute.
APPLICABLE LAW
By using any Yucopia Service, you agree that federal law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Yucopia.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your use of Yucopia Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Yucopia
Walemstraat 72B
2570 dUFFEL
Belgium
ADDITIONAL YUCOPIA SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Yucopia Services (the “Yucopia Software”).
- Use of the Yucopia Software. You may use Yucopia Software solely for purposes of enabling you to use the Yucopia Services as provided by Yucopia, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Yucopia Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Yucopia Software in whole or in part. All software used in any Yucopia Service is the property of Yucopia or its software suppliers and is protected by United States and international copyright laws.
- Use of Third Party Services. When you use the Yucopia Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Yucopia Software, whether in whole or in part.
- Updates. We may offer automatic or manual updates to the Yucopia Software at any time and without notice to you.
- Conflicts. In the event of any conflict between these Conditions of Use and any other Yucopia or third-party terms applicable to any portion of Yucopia Software, such as open-source license terms, such other terms will control as to that portion of the Yucopia Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR
OTHER LEGAL PROCESS
Yucopia accepts service of subpoenas or other legal process only through Yucopia’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:
Yucopia
Legal department
Walemstraat 72B
2570 Duffel
Belgium
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint sending an email to laura@yucopia.com
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.