Terms & Conditions
Please read these terms carefully and print them and keep a copy of them for your reference.
By using Yanacosmetics.com or any other website owned or operated by Yana Cosmetics Ltd ('Yana website'), you agree to be bound by these Terms and Conditions of use. If you do not agree with this policy, please do not use the Yana website. We reserve the right to change these Terms and Conditions, in whole or in part, at any time with or without notice. You should always check these Terms and Conditions prior to using the Yana website. Your continued use of the Yana website following the posting of changes to these Terms and Conditions will signify your acceptance of those changes.
This website is owned by Yana Cosmetics Ltd, 9a Brockley Cross, London, SE4 2AB. If you need to contact us please email us at info@yanacosmetics.com or call customer services on 0871 200 3478. Our registered company Number is 5171143.
When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order.
Once we have checked the price and availability of the goods, we will e-mail you again to confirm that we accept your order and that a contract has been made between us. We will not take payment from you until we have accepted your order.
In the unlikely event that the goods are no longer available or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order and there will be no contract between us.
If the goods are not available then we will not place an order or we may telephone you to suggest an alternative product.
To place an order click on the icon and add to the shopping cart, following the online instructions and prompts to complete your order as desired via the facilities available through the PayPal system as promoted. Postal and delivery charges are as stated on the website. All orders are sent as ‘signed for’ using the Royal mail 2nd class service. If goods arrive broken in transit, please inform us immediately. We will deal with the matter in accordance with your legal rights.
Restricted uses
The Yana website is owned and operated by Yana Cosmetics Ltd (referred to as 'YANA', 'we', 'us' and 'our'). The contents of the Yana website are copyrighted under UK copyright and may also be copyrighted under the laws of other countries. Except as stated herein, none of the material on the Yana website may be copied reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. However, you may download material for your own personal, non-commercial use. This is provided that you agree to abide by any copyright notice or other restrictions contained in any material included in or accessed through the Yana website and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such downloaded material for any commercial purpose. Modification of the materials or use of the materials for any other purpose is a violation of Yana's copyright and other proprietary rights. 'Yana' and the other Yana trademarks, and logos appearing in the Yana website are proprietary trademarks of Yana Cosmetics Ltd. The use of any of our trademarks or any other content on the Yana website, except as expressly provided in these Terms and Conditions of Use, is strictly prohibited.
Intended audience
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United Kingdom. Yana controls and operates this website from its offices located in the United Kingdom. Yana makes no representation that materials contained in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Disclaimer
The Yana website is provided 'as is' without warranties of any kind, either express or implied, including, but not limited to, implied warranties of title, satisfactory quality and fitness for a particular purpose. Yana makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through the Yana website. Any reliance on or use of such material shall be at your sole risk. Yana makes no representation or warranty that the Yana website will be available on a timely basis or will be uninterrupted or error free, that defects will be corrected, or that the Yana website or the servers that makes them available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
In no event shall Yana be liable for any direct, indirect, incidental, special or consequential damages, arising out of the use of or inability to use the Yana website, even if Yana or an Yana authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Yana's total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for using or accessing this site.
Indemnification
You will indemnify and hold Yana, and its subsidiaries, affiliates, directors, officers, agents, contractors or other partners, and employees, harmless from and against any claim or demand, including reasonable professional advisor's fees, made by any third party due to or arising out of material or information you submit, post to or transmit through a Interactive Medium, your use of the Yana website, your connection to the Yana website, your violation of the Terms and Conditions of Use, or your violation of any rights of another.
Miscellaneous
These Terms and Conditions of Use shall be governed by and construed in accordance with English law, without regard to its conflicts of laws principles. You agree that any lawsuit arising out of or relating to these Terms and Conditions of Use shall be filed only in the courts located in England and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such lawsuit. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Shop Online - acceptance of orders
the debit or credit card details you give to us will be validated before your order can be accepted. Once this is done, we will send you an e-mail to confirm that your order has been accepted. Our acceptance of your order brings about a legally binding agreement between us. All orders are subject to availability and if your order cannot be fulfilled our Substitution Policy comes into effect. Payment is due immediately before dispatch of your order. We accept payment by most debit or credit cards. All cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment we will not be liable for delay or non-delivery.
Shop Online - pricing
Yana has taken care to ensure prices shown in the Shop Online section of the website are accurate.
However, prices may change from time to time and the correct price will be applied when you select an item, add it to your shopping basket and proceed to the checkout. Prices shown include VAT, where applicable.
Shop Online - your right to cancel
The Yana guarantee offers a 100% satisfaction promise, so if you don't like any of your purchases for whatever reason, simply return them and we'll give you a replacement or your money back if products are opened or seal is broken no exchange or return can be made. If you need to see a product colour then requests a sample to be sent to you prior to purchasing product). The Yana guarantee is in addition to your statutory rights and provides you with the right of cancellation and withdrawal from the contract. Products can be returned free of charge (see our Returns Policy in Shop Online for details).
Shop Online - substitutions policy
In the event that the products you have ordered are not available, we will contact you as quickly as possible either by telephone, e-mail or post, depending on what information you have supplied to us and your preferred method of communication.
We will ask you to select one of the following ways to proceed with your order: Accept an alternative product, which we have recommended because it is similar in style, properties, ingredients and price, as a substitute for the missing product. This product will then be added to your order in place of the unavailable item. Under the Yana guarantee, you can return this product and receive a replacement or a refund it is unsuitable for whatever reason. Allow the remainder of your order to be processed and despatched, including payment for the missing product.