Terms And Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Article 1: Designation of the seller
These General Terms and Conditions of Sale (hereinafter "GTC") are concluded between, on the one hand, Parlain Co. Ltd. (hereinafter referred to as "Parlain"), having its registered office at 11/F Katherine Centre, 53-55 Chatham Rd S, Tsim Sha Tsui, Hong Kong, and on the other hand, any person having made a purchase on the site https://yonka.com.hk/, hereinafter referred to as "the Customer".
Article 2: General provisions relating to the T&Cs
1. Purpose of the T&Cs
The purpose of these T&Cs is to define the conditions under which Customers can access the Site and order Yonka Paris products, and to detail the rights and obligations of Yonka Paris and Customers.
2. Scope of application of the T&Cs
The T&Cs govern the relations between Customers and Yonka Paris. Any Customer placing an order undertakes to comply without reservation with these T&Cs.
3. Modification of the T&Cs
These T&Cs were updated on March 18, 2024. Yonka Paris reserves the right to modify its T&Cs at any time. In the event of modification of the applicable T&Cs, those in force at the time of the order placed by the Customer remain.
4. Clauses of the T&Cs
The nullity of a contractual clause does not entail the nullity of the T&Cs. The temporary or permanent non-application of one or more clauses of the T&Cs by the professional seller cannot be considered a waiver on its part of the other clauses of the T&Cs which continue to produce their effects.
Article 3: Price
1. Sales price
The sales prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each of the products appearing in the electronic catalog, in euros including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the consumer is indicated on the order confirmation page.
The sale price of the product is that in effect on the day of the order.
The sale price of the products does not include shipping costs invoiced in addition to the price.
2. Modification of sales prices
Yonka Paris reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in effect on the day of the order.
3. Costs
Additional transport, delivery or postage costs (to which must be added any other costs incurred by the seller), which the customer may have been aware of before ordering, are set out on the order form.
Article 4: Products
1. Presentation of the articles
The products offered for sale presented in the catalog published on the site are each the subject of a description mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
2. Use of the products
Yonka Paris offers for sale cosmetic products allowing Customers to carry out treatments. These products are only available to individuals. Yonka Paris undertakes to provide Customers with all the elements necessary for the proper use of its cosmetic products. Yon-Ka Paris cannot be held responsible for damage caused by improper use of the products sold on its site or by failure to comply with the precautions for use.
3. Conformity
The products sold by Yon-Ka Paris comply with the requirements of French law in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time they are placed on the market.
4. Availability
The products are offered and delivered within the limits of available stocks. In the event of unavailability of the products ordered, Yon-Ka Paris undertakes to inform the Customer immediately, and to offer them equivalent products or a refund of the price of the unavailable product. Apart from the refund of the price of the unavailable product, Yon-Ka Paris is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
5. Resale of products
The Customer is required not to resell the products ordered on the site without the written consent of Yon-Ka Hong Kong.
Article 5: Order
1. Order process
The Customer fills a virtual basket with the products he has selected. He can then check the details of his order. The Customer can then click on the "Place order" or "Order" button and add the information relating to the delivery method and the payment method. The Customer will then receive an email confirming receipt of the order by Yon-Ka Paris.
2. Modification of an order
Yon-Ka Paris reserves the right to accept or not the modification of a Customer's order after its confirmation. Yon-Ka Paris reserves the right to make modifications to the ordered product that are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
3. Validation of an order
Yon-Ka Paris reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers. Yon-Ka Paris may also refuse or delay the processing of an order if any fraud is suspected, such as identity theft or theft of means of payment.
Article 6: Contract
1. Conclusion
The sales contract is formed at the time the consumer sends the confirmation of his order.
2. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code (former C. civ., art. 1348). These communications, purchase orders and invoices may be produced as proof of the contract.
Article 7: Payment
1. Due date
Once the order has been validated, the Customer automatically accepts the General Terms and Conditions of Sale. The price is due in full after confirmation of the order. Payment is made immediately upon ordering by credit card.
2. Payment methods
The Customer then pays on the site https://yonka.com.hk/ by credit card (CB, Visa, Mastercard, American Express, Apple Pay, Paypal).
3. Secure payment
The Yonka Paris site is equipped with an online payment security system that allows the Customer to encrypt the transmission of their banking data via the electronic payment server of the secure payment platform. At no time will the consumer's banking data pass through the Yonka Paris computer system.
4. Verified payment
In the event of abusive practices and/or fraudulent appearance, Yon-Ka Paris reserves the right to carry out checks on orders, and to request certain documents and information concerning the Customer in order to validate the order.
Article 8: Delivery
1. Delivery costs
Delivery costs are explicitly specified on the website https://yonka.com.hk/pages/delivery.
2. Delivery time
The delivery time depends on the delivery method chosen by the Customer, as indicated on the website at the time of the order. The delivery times of an order include its preparation, shipping and delivery to the delivery address indicated by the Customer.
Under normal conditions, Yon-Ka Paris will process the order as soon as possible from Monday to Friday, excluding public holidays.
3. Place of delivery
The products are delivered to the delivery address indicated by the Customer on their order form.
4. Delay in delivery
In the event of a delivery delay of more than 5 working days, the Customer must inform Yon-Ka Paris customer service, which will implement the necessary and appropriate actions.
5. Product conformity
If the product does not conform to the order, the consumer must submit a complaint to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale.
6. Transfer of ownership
From the delivery date indicated in the order form, ownership of the product is transferred to the Customer, except in the case where full payment of the price has not been collected upon ordering.
Article 9: Return and right of withdrawal
The Customer has a right of return of fifteen days from the receipt of his order to return any item that does not suit him and request an exchange or a refund.
The right of withdrawal can be exercised with the customer service of Yon-Ka Paris, by email (info@yonka.com.hk).
Returns must be made in their original condition and complete allowing their remarketing in new condition. Any product opened or damaged by the consumer will not be taken back. Yon-Ka Paris reserves the right to judge whether the product can be remarketed or not, according to its quality standards.
In the event of withdrawal, Yon-Ka Paris will reimburse all payments received. Either by re-crediting the consumer's bank card or Paypal account, or by bank transfer depending on the method of payment of the order.
Yon-Ka Paris will only refund returned products once they have actually been received and their intact condition has been verified.
Article 10: Intellectual Property
All visual, audio, or textual elements visible on the site are the exclusive property of Yonka-Paris. Any reproduction or representation of the Yon-Ka Paris brand is prohibited.
Article 11: Personal data
Yon-Ka Paris processes information concerning consumers in accordance with its Privacy Policy.
Article 12: Disputes and claims
In the event of a dispute, the Customer must contact Yon-Ka Paris customer service by email (info@yonka.com.hk) in order to attempt to resolve the dispute informally.
Yon-Ka Hong Kong cannot be held liable for damages resulting from improper use of its products.
Article 13: Applicable law
This contract and the General Terms and Conditions governing it are subject to Hong Kong law.