''

YAKORI TERMS AND CONDITIONS

Yakori Corporation operates this Website (yakori.com). All inquiries may be directed to:

Yakori Corporation

909 3rd Avenue

New York, NY, 10022

These terms and conditions explain your rights and obligations in relation to this website and any products purchased through this site. Your use of the yakori.com Website constitutes your agreement to follow these rules and be bound by them. If you do not agree with any of these Terms of Use, do not use the yakori.com Website.

  1. General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

All contracts concerning Products on behalf of Yakori Corporation to third parties (Customers) are regulated by the present General Conditions, an integral and substantial part of every proposal, order, and purchase order confirmation relating to the same products. The sales conditions regulating orders are those in force at the date of the same order confirmation.

We may change the Terms at any time by posting such changes on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms. 

You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site.  If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site.  This Site is not directed to children under 13 years old.  By accessing or using the Site, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.

  1. Privacy

Please review our Privacy Policy so that you may understand our privacy practices.

  1. Your Account & Personal Information

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, but in order to make a purchase with us, you need to register an account with us. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate, and truthful information on your account. 

You agree to accept responsibility for all activities that occur with your permission or authorization under your account, username, and/or password or because you fail to maintain sufficient security over your account, username, and/or password.

 If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent, you do not have such authority, you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. 

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so. ```  

We ask the Customer for all personal information indispensable for order processing, invoicing, and shipment handling. This information may be communicated to our partners solely for the above-mentioned purpose. To avoid fraud, Yakori Corporation can ask for proof of identity and residence.

  1. Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information, or other content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability. We reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

The photos of products are indicative and not binding. Yakori Corporation is not responsible for any differences due to the graphic resolution of the Customer's monitor, given that the color on the PC monitor or tablet can differ slightly from the real Product.

  1. Copyright Notice

 

All of the content you see on this Website, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Yakori Corporation and/, or it’s manufacturers and is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Yakori Corporation by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Yakori Corporation. The entire Content of the yakori.com Website is copyrighted as a collective work under the U.S. and other applicable copyright laws. Yakori Corporation owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. The Content of the yakori..com Website, and the Website as a whole, are intended solely for the personal and non-commercial use of the users of our Website. As such a user, you may download, print, and store selected portions of the Content, but only if (1) you use any such copies of the Content solely for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you appropriately credit any intellectual property rights to Yakori Corporation. 

  1. Pricing 

Except when differently indicated, the prices of Products published on Yakori Corporation’s website are in Euro (€) and Dollar($) and exclude VAT and shipping costs. Shipping costs are indicated after having added the articles to the basket and after having chosen the country of delivery among those available for direct online purchases.

All prices of products published on Yakori Corporation’s website are subject to confirmation. Prices may change at any time before (but not after) acceptance of your order. Yakori will notify you by email or phone within three business days of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or your purchase order. If you do not receive an email within three business days of completing a purchase order, Yakori is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with a confirmation of your intention to purchase the item at the confirmed price. We cannot accept your order until you have paid for the product in accordance with the Payment and Deposit section.

Even though the operators of Yakori Corporation can provide indications of your Product characteristics, the Customer is responsible for the choice of the Products ordered. That specification indicated by each manufacturer matches their requirements.

In the unlikely event that the price of an item has been incorrectly advertised on our Site, we will contact you by email or telephone to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. We cannot accept your order until you have paid for the product in accordance with the Payment and deposit section.

  1. Payment & Ownership

Yakori Corporation requires 50% of the order amount upon order confirmation in order for it to be valid and the remaining 50% when the Products are ready for shipment. 

Acceptable forms of payment are Credit Card. or Bank transfer. Upon ordering, the customer agrees to settle the cost of the product ordered, including all delivery and shipping, VAT, and tax fees of the products.  If Yakori Corporation does not receive a payment within 30 days of the products being ready for shipment, we reserve the right to cancel the order and withhold the down payment made by the Customer. 

The products ordered belong to Yakori Corporation until the final payment has been made by the Customer. Furthermore, Yakori reserves the faculty of claiming the right of Products ordered in case of non-payment, therefore the Customer shall not receive reimbursement of the down-payment.

  1. Acceptance of Order

The order can only be confirmed when Yakori Corporation has confirmed the order. The Customer will receive an order confirmation by email with all the contract details (products ordered, prices, delivery date, shipping costs, etc.).

Once the order is confirmed by Yakori Corporation, if it is for customized products, the Customer shall not be able to cancel or modify anything, as the items have already entered the production process.

The price of the products is fixed only where we expressly state in this written acknowledgment that it will so be fixed and covers the period only stated also in this acknowledgment. In all cases, the prices are subject to variation, and it is a condition of the acceptance of the order that the prices to be charged shall be that ruling on the date of dispatch.

  1. Ordering 

Product orders may be placed through our website or by emailing us at yourorder@yakori.com. The product order is seen as a request until Yakori Corporation processes the order, meaning it is confirmed.  Yakori Corporation has the right to decline your order for any reason and will not be liable. 

Fiscal documentation concerning the Products ordered shall be issued by Yakori Corporation. upon payment receipt and when the products are shipped to the Customer, who must provide all invoice and order handling details.

The overall order process from ordering until delivery takes approximately 120 working days for anywhere in the USA. Generally, order processing is as follows:

- 8-12 weeks for the MANUFACTURE of the furniture: from the order confirmation until the goods are available in our warehouse (August and from December 25-January 10 excluded);

- 1 week for QUALITY CONTROL: at this stage, we verify product compliance with the order, integrity of the goods and prepare items for shipping to the specified address;

- 1 week for DELIVERY in Italy or European Union Countries;

- 2-5 weeks for DELIVERY in non-European Union Countries (according to the place of delivery).

Yakori Corporation is not responsible for any delay due to the production process or to the transport company.

  1. 10.Product Delivery

The Products are delivered to the address provided by the Customer. The customer is responsible to unload all the products immediately upon receiving it otherwise, there will be additional charges for wait time.  Shipping will only take place after receiving the final payment confirmation.

If the order includes several articles, unless otherwise agreed, only one shipping will be carried out, 7ytv after all products arrive at the warehouse and after quality control. For shipping, we only collaborate with leading furniture carriers having branches worldwide. We always include all-risk insurance that covers all damage caused by transportation, guaranteeing maximum safety.

Most of our products, complete with assembly technical sheets, are usually delivered already partly assembled. Final mounting is generally very simple. Our customer service is always available for any clarification or help you may need by emailing yourorder@yakori.com

Delivery can be considered as completed from the moment in which the Product is delivered to the Customer. The delivery note provided by the courier, dated and signed by the Customer, attests to product delivery.

  1. 11.Representation & Warranties 

Upon delivery the Customer must check the content and  condition of the received Products, therefore we recommend before signing the delivery note, to verify that:

- the number of boxes delivered corresponds to that indicated in the delivery note;

- packaging is perfect, undamaged, not damp, dirty, or in any way modified, and to check the conditions of the content.

If the Customer discovers any abnormality, he/she must refuse the Product delivery, or put in writing their reserves, detailed and dated (e.g. “I accept the delivery with a reserve of verification, even if a box is dirty on one side, date, signature”). If the document of the courier is signed without “reserve”, the Customer cannot complain about the condition of the boxes at a later date. Any problems concerning the physical integrity, correspondence, or totality of the Products received, should be communicated within 1 day from the date of delivery.

The buyer will be responsible for ascertaining and checking that the Products as ordered, accepted, and used are suitable for the purpose for which they are required.   We give no warranties on these matters, and if any of the Products are found to be defective for whatsoever, we shall have no liability for any damage or loss of any kind, whether caused by negligence or otherwise or whether direct or consequential or occasioned thereby, apart from our liability in below.

Our liability is limited to a replacement free of charge.  We may, in our opinion, make a fair cash allowance, the amount of which will not, in any event, exceed our invoice value for the Products.

In accepting delivery of the Products supplied by us, the Buyer acknowledges that no representation whether oral or in writing has been made by us or by anyone in our company which has led the Buyer to enter into the contract for the purchase of these Products.  No representation or warranty is implied or given except as expressly stated in these conditions or the appropriate quotation given in writing.

  1. 12.Damaged or Defective Products

It is our responsibility to provide an insurance agent to inspect the Products for shipping damage immediately upon accepting the delivery. Buyers who sign for the delivery and do not notate "damage" assume responsibility if merchandise is damaged.

 Yakori will make provision for an Insurance agent to inspect the product at the point of delivery. During the inspection, if the insurance agent determines that the product is defective. The Buyer should follow the recommendations of the agent to imitate a refund claim. 

  1. 13.Product Warranty

Yakori guarantees only product integrity upon delivery (below, “Yakori Warranty”).

13.1 Any fault covered by Yakori Warranty must be reported by the Customer within and not after 3 (three) days from the date of delivery, otherwise, the Warranty is not valid. If the Yakori Warranty is implemented, the Customer has the right only to the substitution of the damaged product/s (after Yakori has received the faulty item /s back) and has no right to compensation for any other kind of damage. Shipping costs due to the substitution of product/s are free of charge.

13.2 Apart from that mentioned in article 11.1, Yakori does not grant further guarantee from that of the single manufacturers. Technical assistance and interventions under guarantee on Products are carried out, were provided, by the single manufacturers, according to the terms and modalities stated in the documentation attached to the same products. In particular, Yakori does not guarantee the Product compatibility with other products or appliances used by the Customer, nor does it guarantee the suitability of Products for the specific use that the Customer desires.

13.3 Apart from possible misconduct or serious negligence by Yakori, it is hereby agreed, in the case that responsibility of Yakori towards the Customer for any reason is ascertained – including total or partial non-fulfillment of obligations on behalf of Yakori towards the Customer for the execution of an order – the responsibility of Yakori cannot be higher than the price of the Products purchased by the Customer and for which the claim arose.

Warranty Disclaimer: All products sold by Yakori are offered without any warranty except for passing on the warranties of the manufacturer of the product. Without limiting the generality of the foregoing, Yakori makes no warranty, either expressed or implied, as to the merchantability, fitness, or suitability of any product sold. All merchandise and products are provided "As Is" without warranty of any kind, express or implied by Yakori. Yakori specifically disclaims any and all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness or suitability for a particular purpose, title, and non-infringement.

  1. 14.Return Policy

Furniture, as displayed on our sites, are built-to-order or customized as per Buyers’ requirements. All built-to-order and customized items are strictly non-returnable and non-cancellable once the order has been placed. Please confirm prior to placing your order.

All furniture is built-to-order from the manufacturer which has been made to your specification unless found to be damaged or faulty on delivery to you by insurance personnel. 

Your right to return and be eligible for refunds will be determined by the recommendation of the insurance agent.

Claims of order non-conformity of the products delivered must be received in writing directly by Yakori Corporation., immediately, and not after 3 (three) days from the day the customer receives the goods.

We recommend that the Customer preserves the original packing and delivery note for at least 3 (three) days.

  1. 15.Limitation of Liability 

YAKORI CORPORATION DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. YAKORI WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF YAKORI WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. BUYER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, YAKORI IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY BUYER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR TORT, INCLUDING NEGLIGENCE).

  1. 16.Applicable Law

The validity and interpretation of this Agreement and the legal relations of the Parties shall be governed by the laws of Delaware, United State of America. In any action brought under or arising out of this Agreement, the parties hereby consent to the jurisdiction of the Courts of the State of Delaware, United State of America and any lawful service of process in further to the Rules of Court of the Courts of the State of Delaware, United State of America. The parties further agree no other federal, provincial, or state court may entertain any suit, action, or proceeding relating to or arising out of this Agreement. This section is intended to constitute a separate and binding agreement without further or separate consideration notwithstanding any actual or purported invalidity of this Agreement or any provision hereof.

  1. 17.Availability

 All items are subject to availability. We will inform you as soon as possible if the Products you have ordered are not available by email or telephone.

We would be happy to provide you with a quotation for manufacturing a standard design to your size specifications. These Special-Order items will be subject to extended delivery times and attract additional cost.

Special Orders cannot be processed on this website and inquiries should be directed to our Sales Team by sending a mail to yourorder@yakori.com.

  1. 18.Territorial Restrictions

We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, or our Content, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any of our Content to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.

  1. 19.Export Control

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. 20.Amendments to the Condition of Sale 

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies, and Conditions of Sale in force at the time that you order products from us, unless any change to these terms and conditions, policies, or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.