Terms and Conditions

Last update: 21-11-2022 - 10:24:34

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

https://www.yucopia.com

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”).

1. 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.

2. 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.

3. 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.

4. Updates. We may offer
automatic or manual updates to the Yucopia Software at any time and without
notice to you.

5. 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.