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Terms & Conditions
DEFINITIONS:
The terms and expressions used in the General Conditions of Use with a capital have the meaning given below:
« GCU »: refers to these general terms and conditions of use;
« Content »: refers to all the information supplied to Users by Yaphones.
« Personal Data »: refers to the personal information which the User provided on registration when signing up for the Services offered by Yaphones (namely, access to an interface enabling the price of used telephones to be assessed and the printing of certain PDF type documents) and/or supplied in the context of using the Services;
« Username »: covers the information necessary to identify a User on the Site to access the Service.
« Hyperlink »: refers to the system of referencing materialized by a word, icon or logo which allows movement, at the click of a mouse, from one document to another on the Site or from one page on a website to another page on another Site. Yaphone is not liable for the Content of any Websites accessed through the hyperlinks;
« Password »: refers to confidential information (which the User must keep secret) which when used in conjunction with his Username enables him to prove his identity and access the Service;
« Services »: refers to all the services offered to Yaphone through the intermediary of its Site;
« Site »: refers to the Website supplied to the User by means of the Internet at the URL address https://yaphones.shop
« User »: means the private individual using the Services offered by Yaphones.
In these GCU:
(a) terms in the singular may include their plurals and vice versa.
(b) titles are used for the sake of convenience and should not affect interpretation.
(c) any reference to an agreement, title, deed, contract, general condition of any nature or any other instrument is understood also by reference to any amendment, rewording, addition or any other alteration made to the said agreement, title, deed, contract, general condition of any nature of any other instrument.
PURPOSE
The purpose of these GCU is to define the terms and conditions in which first Yaphones makes the Site available to Users and the Services available on the Site and second, the way in which the User accesses the Site and uses the said Services.
Any connection and/or access to the Site assumes the User’s full and unconditional adherence and acceptance as well as their compliance with all the terms of the GCU.
The User acknowledges that he has read the whole of the GCU displayed and declares that he accepts them unconditionally.
He further acknowledges that he has the capacity to contract.
The GCU will prevail over all other conditions stated in any other document unless an express written derogation provides otherwise. In the case where the User does not wish to accept all or part of the GCU, he is asked to waive all use of the Service.
ACCESSING THE SERVICE
The Service is accessible free-of-charge to any User having Internet access. All costs pertaining to accessing the Service, whether related to hardware, software or Internet access, are exclusively at the User’s charge. He is solely liable for the proper operation of his computer equipment (such as but not limited to, computers, telephone, tablet, software, means of telecommunication, etc.) as well as of his Internet access.
The User declares that he accepts the features and limits of the Website and, in particular, acknowledges:
- his use of the Site is entirely at his own risk and liability; the Site is accessible “as is” and depending on availability;
- any material downloaded by the User or obtain by any other means when using the Site is at his risk and liability; the User is solely liable for any damage suffered by his computer equipment or for any loss of data following downloading this material or visiting the Site;
- it is thus his responsibility to take all appropriate measures so as to protect his own data and/or software from being infected by any viruses that may be circulating on the Site;
- no advice and no information, whether verbal or written, obtained by the User when using the Site is capable of constituting any warranties not expressly provided under the GCU; the User is solely liable for the use he makes of the Contents present on the Site and, accordingly, Yaphones shall not be liable for any direct or indirect harms arising from use of these Contents;
- he is solely liable for the use of the Site Content containing any hyperlink, Yaphones declining all liability as to this Content in accordance with the provisions below;
- he is aware of the nature of Internet connection and in particular its technical performance and response times for accessing, searching for or transferring data;
- disclosure of these access codes or generally speaking of any information judged confidential is made at his own liability;
- it falls to him to take all necessary measures to satisfy himself that the technical specifications of his equipment allow him to access the Site Content.
Certain sections of the Site are reserved to Users after identification with the help of their Username and Password. These access codes are personal and confidential; the User undertakes to keep them secret and agrees not to disclose them in any form whatsoever to third parties. Unless proven to the contrary, any connection to the Site or transmission of data made using the User’s access codes will be deemed to have been made by the User. In this respect, it is possible for the User to satisfy himself that when the session is finished, he is able explicitly to log off. In case of loss, theft or accidental disclosure of his access codes, the User must inform Yaphones at the earliest opportunity at the following address: leila@yaphones.shop
Yaphones reserves the right to deny access to the Service, unilaterally and without prior notice, to any User failing to abide by these GCU published on the Site.
Yaphones implements all reasonable means at its disposal to ensure quality access to the Service 24/7, except in cases of force majeure or an event outside its control but is not bound by any obligation to do so.
Yaphones therefore cannot guarantee the availability of the Site and/or Services, reliable transmission and performance in terms of response time or quality. There is no provision for technical assistance with respect to the User, whether electronically or by telephone.
Moreover, Yaphones cannot be liable for any malfunction of the network or its servers or for any other event outside of its reasonable control which might prevent or degrade access to the Service.
Yaphones reserves the right at any time and without prior notice to interrupt, momentarily suspend or modify access to all or part of the Service and Site, in order to carry out maintenance or for any other reason, without such interruption being entitled to any obligation with regard to or compensation for the benefit of the User. The User acknowledges and agrees that Yaphones not liable for interruptions and the consequences that may result for the User or any third party.
CONSENT
When the User browses the Site, the installation and reading of cookies allow in particular, but not limited to, the User to log onto the Site, to restore the data where the User has not confirmed his basket, to manage the mobile application, enable the chosen language to be retained, etc.
The User also has the option of managing the cookies used on the site by configuring his browser as detailed below.
TERM AND CANCELLATION
The GCU are agreed to for an open-ended period from the time the User uses the Services and the Site.
CHANGES TO THE GCU
Yaphones reserves the right to modify the conditions and information in the GCU at any time and without notice, in order to adapt them to developments on the Site and/or its operation.
Users are thus advised to check regularly for the latest version of the GCU available on the Site.
RULES OF INTERNET USE
The User declares that he accepts the features and limits of the Internet and, in particular, acknowledges:
- That data circulating on the Internet is not protected, especially against possible diversions.
- The disclosure of any information judged by the User to be sensitive or confidential is done at his risk and liability;
- That data circulating on the Internet may be regulated in terms of use or may be protected by a property right;
- That he is solely liable for the use of the data that he views, researches and transfers over the Internet, in particular his Personal Data;
- That Yaphones has no way of controlling the content of services accessible on the Internet.
PARTIAL INVALIDITY
If any of the provisions of these GCU is ruled void or invalid in regard to any current legislation or regulation and/or a final decision of a court, it will be deemed not written and will not entail the invalidity of the other provisions.
The fact of Yaphones or of the User not insisting in one or more cases on the strict performance of one or more provisions in the GCU shall not be interpreted as a relinquishment or a waiver thereof or to rely on the application of such provisions in future.
FORCE MAJEURE
The liability of yaphones.shop may not be incurred in case of force majeure or events outside of its control.
GOVERNING LAW
THE SITE, THE TERMS AND CONDITIONS OF ITS USE AND ITS CONTENT ARE GOVERNED BY CHINESE LAW TO THE EXCLUSION OF ANY RULE ON THE CONFLICT OF LAWS REGARDLESS OF THE PLACE OF USE. IN CASE OF ANY DISPUTE AND AFTER ALL ATTEMPTS TO FIND AN AMICABLE SOLUTION HAVE FAILED WITHIN A REASONABLE PERIOD, THE CHINESE COURTS WITHIN THE JURSIDCTION OF THE SHENZHEN COURT OF APPEAL SHALL BE SOLELY COMPETENT TO HEAR THIS DISPUTE.
IN THE EVENT THE GCU ARE TRANSLATED INTO ONE OR MORE LANGUAGES, ONLY THE CHIENSE TEXT SHALL PREVAIL IN THE EVENT OF DISPUTE.
For any query relating to these GCU, the User may write to the following address: leila@yaphones.shop
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