YOHJO TERMS AND CONDITIONS FOR PURCHASERS OF ARTS & CRAFTS PRODUCT

Welcome to the Yohjo site which allows you to purchase arts and crafts products online. The services of the site are outlined below and your use of the service to purchase goods is subject to your acceptance and compliance with the Terms and Conditions as set-out hereafter and in other related documents contained on the Yohjo site. The Terms and Conditions may be updated by us from time to time without prior notice to you. When you access and use Yohjo services, you accept and agree to be bound by these Terms and Conditions, and other guidelines which may also be amended from time to time, without prior notice.Terms and Conditions relate to goods which you offer to purchase from artists and craftworkers registered with Yohjo.com. Please read carefully these terms and conditions as they govern your use of this website and the agreements you enter into when making a purchase of arts or crafts products on Yohjo.com and the supply of goods to you. You will not be able to order from Yohjo.com unless you accept the Terms and Conditions.You must be 16 years or older to register for the service and your acceptance of the Terms and Conditions will be taken as confirmation that you are at least 16 years of age

1.  Overview of the Yohjo Service

Yohjo provides artists and craftworkers with an online service to display and sell a range of arts and crafts products online. The arts and crafts products are presented in image format online to provide users with the most accurate representation of the art, which is being shared or sold on the site. The image of the artwork can be accompanied by data and video upload which allows the artist to further explain and provide background details to the user about the artwork on display. It is the responsibility of the artist to ensure that the images, data and video uploaded provide a fair and accurate representation of the actual art or craft product which has been created for display and/or sale. The site resources allow the artist to upload, share, personalise, brand, and sell their art online. The service may include paid advertising and other sponsored content which supports Yohjo in providing the service to users.

2.  Member Account, Password and Security

Upon completion of the Yohjo registration form, you will designate a username and password for secure access to your account. It is your responsibility to maintain the confidentiality of your password and account details. You are fully responsible for all activities which occur under your password and account. Should any unauthorised access be made to your account, you agree to immediately notify Yohjo at This e-mail address is being protected from spambots. You need JavaScript enabled to view it It is also your responsibility to ensure that you exit from your account at the end of each user session and Yohjo accepts no responsibility for any losses or damage resulting from your failure to do so.

3.  Pricing and Payment for Products Purchased

Payment can be made using Paypal services as detailed on the website. All prices are quoted in Euros and are inclusive of sales tax, where applicable. Acceptance of your offer to purchase goods (arts and crafts products) is subject to their availability. An acknowledgment of your order acceptance from the Yohjo site or by e-mail is not a guarantee of availability. You will be informed by the artist if they are unable to deliver the goods which you have offered to purchase. When you offer to purchase art and or crafts products online using Yohjo, your money is placed in an escrow account managed by Yohjo.com. The money will be released from the escrow account when you have received the goods and have confirmed that the goods received are as presented on the site and are in good condition. If the goods are not as presented or are not in good condition, you have the right to return the goods to the artist in the condition received within 21 days of delivery and receive a full refund for the monies lodged to the Yohjo.com escrow account.

Where goods purchased are delivered to you and where the artist confirms delivery of the goods purchased by you using a valid tracking method and where you fail to confirm within 21 days that the goods are as presented and are in good condition, it will be taken that you are satisfied with the goods received and your payment for these goods will be released from the escrow account to the artist in respect of the goods purchased.

You acknowledge that Yohjo.com is not a bank or other licensed financial institution and the escrow service is a means of providing a safe service to the purchaser of art and craftwork via the site. As such, the amounts showing in the escrow account represent the unsecured obligations of Yohjo.com. You agree that you will not receive any interest or other earnings for funds that Yohjo.com holds on your behalf.

4. Delivery and Returns Policy

Yohjo provides carrier services with tracking support to facilitate the efficient and safe delivery of products ordered on Yohjo.com. Where carriers are used via the site, a signature will be required on delivery of the goods to you. The costs of delivery will be shown as you proceed through the checkout process when purchasing products online.

You will have the option to have products delivered to a separate address to your invoice/billing address.

5.  Disputes

Yohjo Disputes Resolution Process Users are encouraged to resolve disputes between themselves in the first instance. Once logged-in, registered buyers and artists/craftworkers should contact each other directly via the site regarding any problems/disputes arising from a purchase. If the problem/dispute cannot be resolved through this process, Yohjo.com offers a disputes resolution process as an alternative of last resort. Yohjo.com’s dispute resolution services is only available to registered users as described below.

Where Yohjo.com’s dispute resolution process is expressly sought and initiated, you agree and acknowledge that Yohjo.com is not providing legal services and will not advise you regarding any legal matters. Where legal counsel is required you understand and agree that it is your responsibility to seek independent legal counsel at your own cost. You agree to indemnify and hold harmless Yohjo.com and any of its affiliates against any damages or liability you may suffer as a result of using Yohjo.com services including its disputes process.

Where you notify Yohjo.com of a dispute and where you expressly request dispute resolution services to be initiated, Yohjo.com will then notify both the buyer and the artist/craftworker that the matter will be addressed through the dispute resolution services. Yohjo.com disputes resolution service for registered users is described below:


Procedure
Step 1: Yohjo.com assists with the dispute process A buyer can lodge a dispute by logging-in to the site and clicking on the ‘Contact Yohjo’ link beside the disputes/problems heading. This will allow a buyer to register the dispute with Yohjo.com. Each party will be notified that the Yohjo.com Dispute Resolution Process has been initiated. Both parties can then recommend a solution to the dispute, which the other party can agree or disagree with or lodge an alternative solution. Failure to respond to solutions proposed by either party within a seven day period is deemed acceptance of the offer. If after fourteen days, agreement has still not been reached through this process, then Yohjo.com representatives will examine the case in detail and propose a solution.

Step 2: Yohjo.com provides a solution to the dispute which both parties agree is final and binding Yohjo.com’s examination of the case will require the parties to submit complete background material related to the dispute within 7 days of the commencement of Step 2. Yohjo.com representatives will review the case in detail and decide on an outcome. All decisions are final and binding.

6.  Taxes

You acknowledge and accept that you are responsible for the payment of all duty, custom costs and other taxes, including any sales or value added taxes and any additional administration costs associated with the collection of taxes and duties, which may be due to the appropriate authorities depending on the jurisdiction of the services resulting from the purchase of art and/or craftwork by you on the Yohjo site.

7.  Business Dealings with Other Site Advertisers/Supporters/Contributors

Your business dealings, correspondence and contact with others to the site are solely between you and such suppliers, advertisers, supporters and contributors. You agree that Yohjo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such suppliers, advertisers, supporters and contributors on the Yohjo site.

8.  Yohjo Links

The Yohjo site may include links to other websites or resources. You acknowledge and agree that Yohjo does not endorse and is not liable for the availability, content or resources available on such sites. You further agree that Yohjo is not responsible or liable either directly or indirectly for any loss or damage resulting from the use of such sites, their content and resources.

9. Privacy Policy

Your Registration Data and other information about you are subject to Yohjo’s privacy policy and you hereby understand and accept that through your use of the Yohjo site, you consent to the collection, use and storage of this information as set out in the Yohjo privacy policy.

10.  Security

Our system is designed to provide a secure order and payment process for all users and Yohjo does not seek or have access to your secure payment details. Your user information may be provided securely to third party service providers purely for the purpose of processing your orders and your email will only be used to provide you with service updates where you have agreed to receive such information and to provide you with communication and updates regarding any goods purchased on the site.

11. Modifications to the Yohjo Service

Yohjo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Yohjo services (or any part thereof) with or without prior notice. You agree that Yohjo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Yohjo services (or any part thereof).

12. Termination

You may terminate your Yohjo account, and any associated information or content by submitting a termination request to Yohjo at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

You agree that Yohjo may, without prior notice, terminate, limit your access to or suspend your Yohjo account if it:

- becomes aware of any breaches to the Terms and Conditions and/or other related documents contained on the Yohjo site;

- receives a request to do so by legal enforcement or other government agencies;

- becomes aware of security issues or problems, due to long periods of inactivity, engagement by you in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with the Yohjo Services.


You agree that all terminations, limitations of access and suspensions are at Yohjo’s sole discretion and that Yohjo shall not be liable to you or any third party for any termination of your account. Termination of your Yohjo account will include the removal of all registration details and other related information.

13. Proprietary Rights of Content

You acknowledge and agree that the Yohjo site and the software used in connection with the provision of the service contains proprietary and confidential information protected by intellectual property and other laws. You further acknowledge and agree that the site structure and content provided by Yohjo and other advertiser and sponsors is protected by copyrights, trademarks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorised by Yohjo or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Yohjo site, software and services provided therein. Yohjo does not claim ownership of content you upload including images, graphics, audio or video and all intellectual property associated with such content is in your full ownership.

14. Trademark Information

You agree that all of Yohjo’s trademarks, trade names, service marks and other Yohjo logos, brand features, and product and service names are trademarks and the property of Yohjo.com. You also agree not to display or use the Yohjo marks in any form or manner without Yohjo's prior permission.

15. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

- YOUR USE OF THE YOHJO SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE YOHJO SITE, SERVICES AND SOFTWARE ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOHJO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSLY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT

- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

- ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YOHJO OR THROUGH OR FROM THE YOHJO SERVICES OR SOFTWARE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITONS.

- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOHJO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: THE USE OR THE INABILITY TO USE THE YOHJO SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE YOHJO SERVICE; OR (e) ANY OTHER MATTER RELATING TO YOHJO.

16. General Information

The Terms and Conditions: is the full agreement between you and Yohjo and governs your use of the Yohjo site. This agreement supersedes all prior versions of the Terms and Conditions between you and Yohjo.


Choice of Law and Forum: You and Yohjo each agree that the Terms and Conditions and the relationship between the parties shall be governed by Irish Law.

 

Non-Transferability: You agree that your Yohjo account is non-transferable.


Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Yohjo site or Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.


Last updated July 2010


Please contact Yohjo.com to report violations of terms and conditions.