Nyad Care & Beauty Inc. (hereinafter, with its affiliates, Nyad) is responsible for this website (the “Website”) and sale of products through the Website. Contact information for Nyad is located at www.yodeyama.us/contact. Telephone call service hours are Monday to Friday from 09:00 am to 5:00 pm CT.

These Website Use and Product Purchase Terms and Conditions (“Terms”) govern use of the Website well as purchase of product through the Website and constitute a binding contract between any user of the Website and Nyad. Nyad may change these Terms at any time without prior notice and use of the website or purchase of products after such change is your acceptance of the change. The applicable Privacy Policy for the Website is set forth below.

Use of the Website

Nyad grants you the limited license to access and use the Website only for your personal, non-commercial use, without the right to modify its content, terms or notices. This license terminates automatically if you breach any of these Terms. The Website allows you to navigate freely through its different pages to learn about product offerings, characteristics, prices and the conditions of the sale, without any type of cost or commitment.

You may not: copy, modify, distribute, download, display, transfer, post or transmit the Website or its content in any form without Nyad's written permission; use of any robot, spider, other automatic device, or manual process to monitor or copy a Website or any of its content; "mirror" the Website or any content on any other server; collect or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and take any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its functioning.

Disclaimer of Warranty and Limitation of Liability

Nyad will attempt to present the contents of the Website accurately, but additions, deletions and changes may occur. All content on the Website is provided "AS IS" and no representation or warranty is made regarding its content.

NYAD disclaims, to the fullest extent permitted by law, all warranties, express or implied, relating to the Website or its content, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, completeness, timeliness, correctness or noninfringement.

Under no circumstances will Nyad or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) because of your access or use of (or inability to access or use) the Website, even if they have been advised of the possibility of such damages. You access and use the Website at your own risk.

Ownership and Intellectual property

The Website and its graphic and textual elements, as well as the word, graphic or three-dimensional trademarks, designs and models, domain names, logos, fixed or moving graphic images are solely owned by the Nyad. Use of the Website or purchase of products does not imply any authorization or license to use the elements protected by intellectual property rights, which is strictly prohibited. Users are strictly prohibited from making copies, distributing, publishing, processing, manipulating, altering, modifying, making use of them in any manner that could imply there is a relationship or association between the customer and Nyad, or using them in any other manner not specifically granted by these Terms.

If you submit to Nyad any suggestions or other feedback relating to products, the Website or otherwise, you warrant that you have the right to do so and grant Nyad the unrestricted right and license to use those suggestions in Nyad’s business.

Purchase of Products

Requirements to buy on the Website.

Age. The person wishing to buy products on the Website (“Customer”) must be at least 18 years of age. Minors must have prior authorization from their parents, guardians or legal representatives, who will be held responsible for all acts performed by minors under their care.

Sign-up. Customer must enter their identification, form of payment and the address or post office box for delivery of products purchased.

Payment. Customer will receive information about the order and the amount to be paid prior to acceptance. Customer must agree to the price, the product and delivery conditions to validate the purchase. Before making the payment, Customer can choose the form of payment from those available on the Website.

Purchase process on the Website.

To purchase products on the Website, the following steps must be followed:

1. Consult the offerings of products on the Website, including the price, presentation, quantity or content and the main characteristics of product, delivery conditions and shipping cost. Some products are subject to certain additional conditions, such as the purchase of certain units or minimum quantity for each purchase. The price of the Products offered by Nyad in United States is indicated in US Dollars. Special offers are valid on the dates specified on the Website and will depend on available stock.

2. Choice of Products. Customer must select the Products by clicking on the "buy" button, so that the chosen product will be added to the shopping basket, which will show price information including taxes and shipping cost. Customer can choose to complete the purchase by selecting the option "go to checkout" or continue browsing to add other products to the shopping cart.

3. Acceptance of the Offer. The Customer must click the "confirm purchase" button to continue the process and place the order. The confirmation implies acceptance of the offer as shown on the Website, with the detail of the products chosen, the total amount to pay including the price of the product, taxes and the cost of shipping.

4. Website Registration. To complete the purchase, Customer must register by providing information to obtain an access key to use for future purchases without the need for a new registration.

5. Payment. Customer will be able to choose between payment options that are presented on the Website and to pay the total amount of the purchase, including the price of the Product and the cost of the shipment where applicable. Payment by the Customer is a pre-requisite for delivery of the product. Nyad will not deliver any product that has not been paid for in full and in dollars, for the amount accepted by the Customer in the order form. Customer guarantees that it has obtained the required authorization to use the payment method chosen. Customer’s full or partial breach of the payment obligation will result in cancellation of the agreement.

6. Confirmation. Once the payment has been made, the Customer will receive an e-mail with the details of the order, the price paid for the purchase and a copy of the Sales Contract, which will include a withdrawal form.

7. Delivery of the product. Nyad will proceed to deliver the product within the period indicated on the Website, subject to Customer having provided accurate information related to Customer and purchase of products.

Offered Products

Nyad offers for sale perfumery products manufactured by or for the company, duly identified with the registered trademarks owned by Nyad. The products we may provide to a Customer are for personal use only. Products may not be resold. Nyad reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided because Nyad believes, in its sole discretion, there may be a violation of our Terms.

The products offered by Nyad are displayed on the Website, where detailed information can be found about them, their main features, presentation, contents and price, as well as the minimum number of units that must be purchased of certain products. Customer must read this information before placing an order.

The products may undergo stock variations at certain times. If an ordered product is out of stock, Nyad will contact the Customer. The Customer may choose to cancel the order, select a different product or wait for the product to be re-stocked, in such case the customer will be informed of the approximate waiting time. If the order is cancelled, Nyad will refund the full amount paid by the Customer for the purchase.

Product delivery

Nyad will deliver the products to the address specified by the Customer within the term stated on the Website, which may range from 3 to 15 days, counting from the calendar day following the approval date and payment of the order. At the time of delivery, the customer must receive the products and check that they are in accordance with the order.

Withdrawal of Purchase/Product Return

Customer has the right to withdraw from a purchase and return the product within 30 calendar days without justification. The withdrawal period will expire 30 calendar days from the day the Customer received the product.

To exercise the right of withdrawal, the Customer may use the withdrawal form sent by email at the time of order confirmation and return it to the following email address: contactus@yodeyma.us or print it and send it by post to the postal address of Nyad. Nyad will send the Customer an email confirming receipt of the withdrawal document and that it has been received within 30 days.

Customer must proceed without delay to promptly return the Products, as soon as it receives confirmation from Nyad and, in any case, within 30 calendar days from the date of communication to Nyad of the withdrawal. Customer shall send to Nyad at Customer’s expense, by post or any other means of its choice, the products subject to withdrawal.

The return address is as follows:

912 Flustern Road
Suite 200
San Marcos, TX 78666

Customer must return products without unsealing and without having made any use or test, in perfect condition for its commercialization, in its original packaging and with all informational documents. Otherwise, the Customer will be responsible for the depreciation of the product.

Customer shall bear all costs of returning product. Nyad will not accept any package where the Customer has not paid the cost of shipping to Nyad.

Nyad will return to Customer the full amount paid for the purchase of product without any undue delay and in any event within 30 calendar days from the date on which it receives the returned products, using the same means of payment used by the Costumer for the initial transaction unless prevented from doing so. In the case of cash on delivery orders, the amount will be refunded to the bank account indicated as held by the Customer.

Product Warranty

Nyad agrees to replace defective product if it is returned to Nyad within two years of purchase. Customer can make a request or complaint directly to Nyad by sending an email to the following email address: contactus@yodeyma.us, explaining the reasons for the complaint and the request the Customer wishes to make. NYAD HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT.

Limitation of Liability

THE WEBSITE AND ITS CONTENT ARE PRESENTED "AS IS." NYAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE ITS TERMS OR ITS CONTENT. YOU AGREE THAT NYAD WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF LINKS TO OR FROM OTHER SITES; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH USE OF THE WEBSITE (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

NYAD WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR USE THEREOF, EVEN IF NYAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL NAYAD’S MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

Applicable law

These Terms are governed by the laws of the state of Delaware, USA, excluding any conflict of laws rules.

Dispute resolution

Nyad states its intention to settle any disagreement or dispute that could arise with the Customer by reaching either an amicable or out-of-court agreement. Any dispute related to these Terms or a product shall be resolved by the American Arbitration Association. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms more than one year after the cause of action has arisen. Customer agrees it has no right to participate as a representative or member of any class of claimants pertaining to any claim against Nyad. YOU AGREE THAT NO CLAIMS OR ACTION RELATED TO THE WEBSITE OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY.