Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.shopyonkausa.com website (the "Service") operated by Multaler Inc. a.k.a Yon-Ka Paris USA ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
All trademarks, logos, service marks and trade names are proprietary to shop.yonkausa.com, Yon-Ka Paris USA and, Multaler Inc. or other respective owners that have granted shopyonkausa.com the right and license to use such intellectual property.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Yon-Ka Paris USA.
Yon-Ka Paris USA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Yon-Ka Paris USA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Shop.yonkausa.com Electronic Communications to You
You agree that shopyonkausa.com is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the shopyonkausa.com site or shop.yonkausa.com's products or services, or for such other lawful purpose(s) as shop.yonkausa.com deems appropriate.
All reviews, comments or other submissions provided to shopyonkausa.com on or about this site, or otherwise submitted in connection with your use of the website, shall be and remain shop.yonkausa.com's property. Such disclosure, submission or offer of any comments shall be deemed an assignment to shopyonkausa.com of all worldwide rights in all intellectual properties relating to the comments.
These Terms shall be governed and construed in accordance with the laws of The United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 90 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
• signs up to receive one or more SMS or MMS messages from Yonka Paris ( "us", "we" and "our")
• sends us messages via SMS or MMS
Mobile Account Owner: If you are not the mobile account owner, you represent that you have the permission of the mobile account holder to use the Services and to enter into this Agreement.
Age and Permission: You represent that you are of legal age to enter into this Agreement, or are at least 13 years of age and have your parent's permission to use the Services.
Yonka Paris Alerts:
What We Will Send You When You Sign Up for Yonka Paris Text Messaging:
When you sign up for Yonka Paris Text Messaging you are expressly consenting to receive approximately 5 messages per month containing information about Yonka Paris, its products, promotions, events, news, and similar material. If you reply to any of these messages, such as texting in a vote, you may receive additional response messages. If you join another of our mobile campaigns, you will receive additional messages for that campaign.
Sign Up: Text YONKA PARIS to 41928 to receive text messages from Yonka Paris. If you agree to receive text messages from us, we may use an automatic telephone dialing system to contact you. You are not required to consent to receive text messages in order to obtain product and services from Yonka Paris. Message and data rates may apply.
Yonka Paris Order Alerts:
What we will send you when you sign up for Yonka Paris Order Text Messaging:
When you sign up for Yonka Paris Order Text Messaging you are expressly consenting to receive recurring messages containing information about orders you place on shop.yonkausa.com. If you reply to any of these messages, you may receive additional response messages. If you join another of our mobile campaigns, you will receive additional messages for that campaign.
Stopping Our Messages:
Yonka Paris Alerts:
You may opt out of the Services at any time by texting the word STOP to 41928 from the enrolled mobile device. If you do that, you will receive one additional message confirming that you will no longer receive messages from any of our mobile campaigns on short code 41928.
Message and Data Rates May Apply - Your Carrier May Charge You For These Messages. We do not charge a fee for the Services; however, depending on your messaging plan, your mobile carrier may charge you for each message we send you or that you send us. It is your responsibility to know whether your carrier will charge you per message costs (for instance, if you do not have an unlimited texting plan, or have exceeded your monthly quota of free messages). We assume no responsibility for charges incurred by your using the Services.
Help: Text HELP to 41928 or call 973-983-1334.
Delivery Not Guaranteed: The Services may not be available in all areas at all times. SMS/MMS messages are distributed via a complex system of service providers and we cannot guarantee their availability or performance. This means we may not be able to successfully transmit SMS/MMS messages to you, and we have no liability for any such transmission delay or message failure. The Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. T-Mobile® is not liable for delayed or undelivered messages.
Your Wireless Service: You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service. The list of carriers is subject to change. In the event that you attempt to receive multimedia content on an unsupported carrier or handset, a text message with an alternate viewing experience will be provided.
No Resale: You may not use, sell or otherwise exploit the Services for any commercial purposes.
Hacking and Similar Activity: You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on the infrastructure of our systems or networks, or any systems or networks connected to the Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or with any other person's use of the Services. You may not attempt to gain unauthorized access to any systems or networks connected to the Services.
Changes to the Services: The Services may be changed or discontinued without notice to you. We and our suppliers and affiliates are not responsible to you or any third party for any damages arising from your use of the Services or its modification, suspension, or cancellation.
General Disclaimer: the Services are provided "as is" with all faults without warranty of any kind, either expressed or implied. We disclaim all warranties, expressed or implied including, without limitation, those of merchantability, fitness for a particular purpose and non infringement or arising from a course of dealing, usage, or trade practice. We shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the services, even if we have been advised of the possibility of such damages.
Indemnification: You agree to defend, indemnify, and hold us, our affiliated companies, employees, representatives and agents harmless from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of the Services.
Dispute Resolution: Except for disputes that can be brought in small claims court, all disputes between you and Yonka Paris arising out of, relating to or in connection with text, SMS, MMS, recorded or other telephone messages or calls and these terms and conditions shall be exclusively settled through binding arbitration through the American Arbitration Association ("AAA") pursuant to the AAA's then-current rules for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND YONKA PARIS AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator's award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these terms to the contrary, we agree that if Yonka Paris seeks to delete the agreement to arbitrate from this dispute resolution provision, any such deletion will not apply to any individual claim(s) that you had already provided notice of to Yonka Paris. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If you wish to opt-out of the agreement to arbitrate, within 30 days of when you first request to receive a text, SMS, MMS, recorded or other telephone message, messages, call or calls from Yonka Paris you must send Yonka Paris a letter stating "Request to Opt-Out of Agreement to Arbitrate" at the following address: Yonka Paris, 200 Commons Way, Rockaway, NJ 07866, United States. In the event you opt out of the arbitration provision, you agree to exclusively litigate in a court of competent jurisdiction in New Jersey. These terms and conditions are governed by the laws of the State of New Jersey without regard to conflict of law provisions. If the arbitration in this section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in New Jersey. This section applies to persons who request to receive a text, SMS, MMS, recorded or other telephone message, messages, call or calls from Yonka Paris after November 1st 2019, and will survive termination of your participation in any Yonka Paris messaging program.
• refuse to transmit and/or delete any message,
• restrict or prohibit your use of the Services, and/or
• seek all remedies available by law and in equity for such violations