Terms of Service

Yola Terms & Conditions Policy (valid as of 9th Oct 2024)

Terms & Conditions

BACKGROUND:

This agreement applies as between you, the User of this Website and Yolasnus Ltd, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Content”	means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Yola”	means Yolasnus Ltd. Registered office: 3rd Floor, 86-90 Paul Street, London, England, United Kingdom, EC2A 4NE. Registered number: 16006952
“Service”	means collectively any online facilities, tools, services or information that Yola makes available through the Website either now or in the future;
“System”	means any online communications infrastructure that Yola makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”	means any third party that accesses the Website and is not employed by Yola and acting in the course of their employment; and
“Website”	means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1	All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Yola, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2	Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Yola.
2.3	Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Yola or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

4. Links to this Website

Those wishing to place a link to this Website on other sites may do so.

5. Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link on the website.

6. Disclaimers

6.1	Yola makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2	No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
6.3	Whilst Yola uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

7. Availability of the Website and Modifications

7.1	The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
7.2	Yola accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
7.3	Yola reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

8. Limitation of Liability

8.1	To the maximum extent permitted by law, Yola accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
8.2	Nothing in these terms and conditions excludes or restricts Yola’s liability for death or personal injury resulting from any negligence or fraud on the part of Yola.
8.3	Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

9. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

10. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

11. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Yola.

12. Communications

12.1	All notices/ communications shall be sent to us either by post to our Premises (see address above) or by email which should be sent to info@yolasnus.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12.2	Yola may from time to time send you information about our products and/or services. If you do not wish to receive such information, please contact us.

13. Law and Jurisdiction

These terms and conditions and the relationship between you and Yola shall be governed by and construed in accordance with the Law of England and Wales and Yola and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

Privacy Policy

We promise to meet the conditions of the Data Protection Act 2018.

Your privacy and the security of your personal information is our highest priority. Yola does not disclose your information to third parties. Any and all the information collected on this site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. Our aim is to provide you the best online shopping experience possible. In order to do this, we need to gather certain pieces of information from you.

Data required to make purchases from our site – Section 1

All users are prompted to enter a date of birth for age verification purposes in order to comply with the Tobacco Products Directive associated UK and EU Legislation of 2016. Unlike your account data, this is not stored along with any other personal data. A copy of your confirmation will be stored in your own web browser as a cookie so that you do not have to repeat this step every time your shop with us. This is to ensure confirmation that any particular user of our website is over the age of 18 years and therefore legally entitled to be able to purchase goods containing Nicotine from: www.yolasnus.com.

We ask for your email address and password when you register on the site. You will not need to re-enter your name and address when you return to the site at a later date. We use your email address to confirm your order and to keep you informed of the progress of your order. We also require a contact number as an alternate means of contacting you in the event that you are not contactable via email.

We require a billing address to forward to our payment gateway provider for payment security purposes and fraud prevention. Users will be re-directed via the checkout button to the payment gateway portal. The portal will be supplied by our database with Billing address and Shipping address information as per the user’s store account. Only at that point will you enter any payment details. Your payment details are not stored at the yolasnus.com domain for any reason. Our Payment gateway provider will only store information required to resolve disputes or refund transactions. Additionally, card data is required to be stored by our Payment gateway provider for the purposes of “one click” checkout functions.

You are free to supply an alternative delivery address for your convenience for your goods to be dispatched to on your account page, but this is optional.

Browser Cookies

This website uses browser cookies in order to verify the age of its users prior to logging in. Cookies are also used for smoother page loading performance. You can remove our cookies from your browser at any time by clearing your browser’s cache. However, if you choose to visit our site again, these cookies will be re-installed to ensure the smooth operation of our site in your chosen browser. As part of our security measures, your IP address will be collected and stored once you place an order with ourselves. This is used to verify that the payment originates from the same geographical location as the billing address supplied to us in the account.

Marketing and Our Newsletter – Section 2

The only other occasion when Yola will use your e-mail address is, with your permission, to send you from time to time further information on products and special offers. You do have the option to opt out of receiving our email newsletter at any time. When signing up to our newsletter, you will be required to confirm at each stage your consent to provide your full name , consent and email address.

The Newsletter sign up is operated completely independently from the account page. So, by having an account with us, you are not signed up to our newsletter. Only by consenting to our newsletter at the bottom of the Home Page will you be signed up to our email marketing campaigns. These campaigns are operated directly by Yola using the Mailchimp email plugin platform. Your email address and name are handled in the strictest of confidence. If you wish to opt out of the newsletter you can do so directly from the newsletter email or by visiting out opt out forms below.

Opting out of any of our services and Data storage

You have the right to opt out of any of our data storage platforms at any time. You have the right to request deletion of any and all personal data as pertaining to your customer account and or Newsletter marketing request. If you wish to opt out of any of our services that require data storage, then please contact our customer services team by email.

Email: info@yolasnus.com

Requesting access to all storage information

You have the right to request at any time all information that we have stored about you on any of our platforms whether they are in store or online at any time. To request a full list of data held by Yola relating to you as a user of any of our platforms or marketing avenues such as the Newsletter, then please contact our customer services team by email.