- Terms and Conditions of Service
Terms and Conditions of Service
Yokomoda US Terms and Conditions
Thanks for choosing to browse and shop with Yokomoda US. Please read these Terms and Conditions, which contain important information about your relationship with Yokomoda US, including mandatory arbitration of disputes between us, instead of class actions or jury trials. You will become bound by these provisions once you accept these Terms and Conditions.
The Yokomoda US Web site located at www.Yokomoda US.com is a copyrighted work belonging to Yokomoda US, LLC (“Yokomoda US”). Yokomoda US provides an online store.
By clicking “sign in” and entering or otherwise using our Web site or mobile applications (the “Web site”), you agree to and accept these Terms and Conditions. You also agree to and accept our Notice of Privacy Practices , which describes how we use the information you provide Yokomoda US and is incorporated into these terms and conditions by reference. Please read the Terms and Conditions and our Notice of Privacy Practices carefully as you are agreeing to be bound by them.
TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH YOKOMODA US. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE, UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.
YOKOMODA US RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE ANY WEB SITE OR ANY WEB SITE FEATURE WITH OR WITHOUT NOTICE. YOU AGREE THAT YOKOMODA US WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEB SITE.
1 Terms of Sale
1.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 1.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
Unless otherwise noted, the strike-through price displayed for products on our Web site is based on the suggested retail price for the product. The strike-through price is not a price at which Yokomoda US previously sold the product. Because we sell our products over the Internet nationwide and internationally, the strike-through price may or may not represent the prevailing price at any particular time or in every location, and we make no promises about the reliability or accuracy of any such information. Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.
For international sales of products from the U.S. to a foreign jurisdiction, the strike-through price reflects the exchange rate conversion from the U.S. strike-through price plus, if applicable, an adjustment for additional international surcharges that cover items such as taxes, duties, and shipping. As a result, the strike-through price you see may be different than what you see at another retailer that uses a different methodology for calculating international surcharges or for which no surcharges apply.
Nothing can replace your own comparison shopping, and notwithstanding the strike-through price information provided, if this is an important factor for you in your purchasing decision, we recommend you conduct your own individual research as well.
1.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). Yokomoda US will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Yokomoda US’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Yokomoda US. All payments are non-refundable (except as expressly set forth in Section 2.1 and 2.3).
1.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.
1.4 PayPal Purchases. Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order as defined in Sections 1.1 and 1.3. This Section does not alter or amend any other Sections of this Agreement.
1.5 Shipping Policy Any delivery dates provided by Yokomoda US are estimates. Yokomoda US reserves the right to make deliveries in installments. Yokomoda US will send you an email when your order has shipped. We ship within the US (including Alaska, Hawaii, Puerto Rico and APO/FPO/DPO addresses), and to Ecuador. Legal title to, right of possession, and risk of loss or damage to or destruction of the products purchased shall transfer to customer upon Yokomoda US’s delivery to carrier at shipping point. Yokomoda US will provide refunds for damaged product as described in Section 1.6(c).
1.6 Return Policy
(a) Return Policy. Yokomoda US will only accept returns on products that are identified on the Product information page as eligible for return or as provided in Section 2.6(c). Once Yokomoda US confirms that your Product was returned in accordance with Section 2.6, your sole and exclusive remedy is credit against the original form of payment in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee (if applicable), which is nonrefundable.
(b) Exchanges. We do not accept any Product exchanges.
(c) Damaged Products. If the Product arrives damaged (“Damaged Product”), Yokomoda US will accept returns for a full refund only in accordance with the Return Procedures below. Once Yokomoda US confirms that you received a Damaged Product that was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card or PayPal account in the amount charged for the Damaged Product (if your credit card or PayPal account has already been charged for the Product) or (b) we will not charge your credit card or PayPal account for the Damaged Product. The refunded amount will include the applicable Delivery Fee.
(d) Return Procedures All returns must be made within 14 days after the Product shipment date. All returned Products must be unused (e.g., not worn, washed, damaged, or altered) and returned in accordance with the instructions received from contacting customer service at Yokomoda2@Yokomoda.us. You are solely responsible for the cost of shipping & handling the returned Product. Unauthorized returns will not be refunded or credited to your account, and we may handle or dispose of those products as we see fit in our sole discretion.
You agree that any dispute or claim relating in any way to your Yokomoda US purchase, use of any Product, will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. You agree that the Federal Arbitration Act and federal arbitration law apply to this agreement.
For all disputes whether pursued in small claims court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Yokomoda US, LLC, attn.: Legal, 2601 Elliott Avenue, Suite 200, Seattle, WA 98121. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.
Either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, to begin arbitration. Please find below the Washington address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website):
Yokomoda US, LLC
3564 Catskill St.
Waldorf, MD, 20603
Attn: Legal Department
The dispute will be arbitrated by a neutral arbitrator mutually agreeable to both of us. If we cannot agree on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by Corporation Service Company, the dispute will be arbitrated by JAMS arbitration services. The arbitrator will use the applicable JAMS arbitration rules unless we agree to use a different set of rules. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-JAMS. Upon filing of the arbitration request, we will pay all filing, administration, and arbitrator fees for the arbitration proceeding. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys' fees and costs regardless of whether they would have been available in a court.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
3.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Web site. These changes will be effective immediately.
3.2 Governing Law. This Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Maryland.
3.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the purchase of any Products on our Web site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is deemed to be illegal or unenforceable, the remainder of this Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Yokomoda US’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
4 Offers, Promotions, and Customer Credits
Yokomoda US may from time to time and in its sole discretion make available special offers and promotions to its customers, including offers and promotions that provide an opportunity for members to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to Yokomoda US). Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Referral credits cannot accrue until or unless the referred customer completes a purchase on the Web site and all other conditions of the relevant promotion have been met.
Credits are only for use on Products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits.
Yokomoda US reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct. You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Yokomoda US reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Yokomoda US. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Yokomoda US terminates your account, for any reason, any credit balances in your account will be cancelled, except as prohibited by law. Account balances are determined by Yokomoda US and such determination is final.
Original: July 30, 2016
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