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Terms & Conditions

1. INTRODUCTION

1.1 Welcome to www.yugen.world. Please read the following Terms and Conditions carefully before using this Site or opening an account on this Site (“Account”) so that you are aware of your legal rights and obligations with respect to [J&P Fragrances Co.,Ltd] (“J&P Fragrances”, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Site, (b) the services provided by the Site and by J&P Fragrances client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms and Conditions. These Terms and Conditions govern your use of Services provided by J&P Fragrances. For your own benefit, please read our Terms and Condition before engaging in the activities on this Site.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“User”, “you” or “your”) and J&P Fragrances. The contract for sale is directly between Buyer J&P Fragrances.

1.3 Before becoming a User of the Site, you must read and accept all of these Terms and Conditions and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 J&P Fragrances reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by applicable laws. J&P Fragrances may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. J&P Fragrances may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 J&P Fragrances reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING J&P FRAGRANCES SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THESE TERMS AND CONDITIONS, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. 

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 10, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS AND CONDITIONS ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2. PRIVACY

2.1 Your privacy is very important to us at J&P Fragrances. To better protect your rights, we have provided the Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how J&P Fragrances collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

(i) consent to J&P Fragrances’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and J&P Fragrances; and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without J&P Fragrances’s prior written consent.

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3. LIMITED LICENSE

J&P Fragrances grants you a limited and revocable license to access and use the Services subject to the provisions of these Terms and Conditions. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed on the Site are the property of J&P Fragrances and where applicable, third-party proprietors identified in the Site. No right or license is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title, or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site, and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site, or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

4. SOFTWARE

Any software provided by us to you as part of the Services is subject to the provisions of these Terms and Conditions. J&P Fragrances reserves all rights to the software not expressly granted by J&P Fragrances hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by J&P Fragrances.

5. ACCOUNTS AND SECURITY

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that J&P Fragrances, in its sole discretion, finds offensive or inappropriate, J&P Fragrances has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites, or services to which we have enabled access or with which we have tied up or collaborated. J&P Fragrances has not reviewed, and assumes no responsibility for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites, or services. If you do so, the terms of service for those products, websites, or services, including their respective privacy policies, if different from these Terms and Conditions and/or our Privacy Policy, may also apply to your use of those products, websites, or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your Account at the end of each session on the Site, (c) immediately notify J&P Fragrances of any unauthorized use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. J&P Fragrances will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

5.3 You agree that J&P Fragrances may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate or suspend your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that J&P Fragrances deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms and Conditions, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior, (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) failure to make timely payment of any outstanding amount owed to J&P Fragrances, or (g) behavior that is harmful to other Users, third parties, or the business interests of J&P Fragrances. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, J&P Fragrances may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify J&P Fragrances in writing (including via email at [info@yugen.world]) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact J&P Fragrances after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms and Conditions. J&P Fragrances shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive all claims based on any such action taken by J&P Fragrances.

5.5 You may only use the Services and/or open an Account if you are in one of our approved countries, as updated from time to time. 

6. TERM OF USE

6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms and Conditions or if you fail to comply with any provisions of these Terms and Conditions. In any such event, J&P Fragrances may effect such termination with or without notice to you.

6.2 You agree not to: 

(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, anti-money laundering, counter-terrorism, or third party rights; 

(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way; 

(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; 

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; 

(f) remove any proprietary notices from the Site; 

(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of J&P Fragrances; 

(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein; 

(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;

(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms and Conditions;

(k) access this Site, open a user account, or otherwise access your user account using any non-official J&P Fragrances hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software; 

(l) take any action that may undermine the feedback or ratings systems;

(m) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by J&P Fragrances with respect to the Services and/or data transmitted, processed or stored by J&P Fragrances;

(n) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;

(o) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(p) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(q) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;

(r) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(s) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(t) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(u) use the Services to violate the privacy of others or to “stalk” or otherwise harass another;

(v) infringe the rights of J&P Fragrances, including any intellectual property rights and any passing off of the same thereof;

(w) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; or

(x) direct or encourage another user to conduct a transaction other than on the Site.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not J&P Fragrances, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, under no circumstances will J&P Fragrances be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.4 You acknowledge that J&P Fragrances and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove, or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, J&P Fragrances and its designees shall have the right to remove any Content (i) that violates these Terms and Conditions; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by J&P Fragrances or submitted to J&P Fragrances on the Site.

6.5 You acknowledge, consent to and agree that J&P Fragrances may access, preserve, and/or disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over J&P Fragrances, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of J&P Fragrances, its Users and/or the public.

7. VIOLATION OF OUR TERMS AND CONDITIONS

7.1 Violations of these terms and conditions may result in a range of actions, including, without limitation, any or all of the following:

(a) Limits placed on Account privileges; 

(b) Account suspension and subsequent termination;

(c) Criminal charges; and/or 

(d) Civil actions, including without limitation a claim for damages and/or interim or injunctive relief.

7.2 If you believe a User on our Site is violating these Terms and Conditions, please contact [info@yugen.world].

8. PURCHASE GOODS FROM J&P FRAGRANCES

8.1 Use this Site as a catalogue to choose the product with the condition that you are not allowed to modify anything in this Site and abide by the condition on copyrights and proprietary specified in the substantive issue.

8.2 You are allowed only to view and order the products in this Site but not allow to copy, paste, distribute, download, re-advertised, disseminate the substance that is shown in this Site through internet of e-mail or other means of communication or photocopy or copy without written permission from J&P Fragrances.

8.3 You may order the products in this Site by following these instructions:

(1) Register or log in to fill in the information such as name and delivery address.

(2) Select the product you want to order by clicking “SHOP” and customize the quantity, then click “Add to Cart.”

(3) Check the discount code from the “SHOP” page. There is a pop-up notification for monthly promotions for you.

(4) Add a discount code by clicking the button. ‘’View Cart’’ then add the discount code at “Enter a promo code” and click “Apply.”

(5) Click “Checkout” to fill in shipping details. (Please check that the recipient’s name, address, zip code, and telephone number are correct.)

(6) Process the payment via PayPal and/or other available payment channels listed on the Site.

8.4 You may only change their preferred mode of payment for their purchase prior to making payment.

8.5 J&P Fragrances takes no responsibility and assumes no liability for any loss or damages to you arising from shipping information and/or payment information entered by you or wrong remittance by you in connection with the payment for the items purchased. We reserve the right to check whether you are duly authorized to use a certain payment method and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

9. SHIPPING POLICY

9.1 For shipping in Thailand

(a) Process and ship the products on business days (Monday-Friday). If the order is placed on Friday night, Saturday, Sunday, holidays, or outside company business hours, it will be shipped the next business day.

(b) If the order is placed after 8:30 a.m., it will be delivered by Kerry Express within the next business day.

(c) The product delivery within Bangkok and surrounding areas takes approximately 1-3 business days.

(d) The product delivery for provincial areas takes approximately 3-5 business days.

(e) We reserve the right to ship orders that have completed the payment process only.

9.2 For international shipping

(a) Process and ship the products on business days (Monday-Friday). If the order is placed on Friday night, Saturday, Sunday, holidays, or outside company business hours, it will be shipped the next business day.

(b) If the order is placed after 8:30 a.m., it will be delivered by DHL Express within the next business day.

(c) Shipping time depends on the destination country.

(d) We reserve the right to ship orders that have completed the payment process only.

(e) You are responsible for all import taxes or fees that may occur for importing products into your destination country.

(f) In case that the product has already arrived in the destination country and you (or your designated recipient) cannot be contacted within 14 days (starting from the date the product reaches the destination country), we reserve sole right to authorize DHL to destroy the product immediately in which the cost of the product and shipping costs will not be refundable to you.

10. CANCELLATION DUE TO ERRORS

10.1 J&P Fragrances has the right to cancel an order at any time due to typographical or unforeseen errors that result in the product(s) on the Site being listed inaccurately (having the wrong price or descriptions etc.). In the event a cancellation occurs and payment for the order has been received, J&P Fragrances shall issue a full refund for the product in the amount in question.

10.2 Once the buyer purchases, the order cannot be cancelled via the Site.

11. RETURN & REFUND POLICY (applicable to domestic orders in Thailand only)

11.1 Any returns will be handled on a case-by-case basis. Within reason, J&P Fragrances will do what we can to ensure customer satisfaction. Unless there is something wrong with the purchase, we are generally unable to offer refunds. 

11.2 Upon receipt of the product package, we recommend you take a video while unpacking the package and test the product usage for consideration in the case that the product is defective or damaged.

11.3 After unpacking, if you find the product is in the following condition:

(a) Due to manufacturing defect, you shall notify J&P Fragrances within 14 days from the date of product receipt via [info@yugen.world] and submit the receipt that clearly states the order date and product list.

(2) Due to incomplete, missing, damaged during delivery, faulty, or wrong products, you shall notify J&P Fragrances within 3 days from the date of product receipt via [info@yugen.world] and submit the receipt that clearly states the order date and product list.

11.4 J&P Fragrances reserves the right to judge and decide whether the product is within the warranty conditions as specified in Section 11.3 or not. J&P Fragrances’s decision is the final decision.

11.5 The product is not applicable to return or replacement in the event of:

(a) change of mind; 

(b) not directly ordering from J&P Fragrances;

(c) damage due to your negligence or misuse; or

(d) exceeding the notification period as indicated in Section 11.3. 

12. DISCLAIMER

12.1 You fully understand and agree as follows: All material provided in this Site is “as is” and may contain inaccuracy, in term of content and spelling. You hereby understand and agree that material and data you obtain and use from the Site will be at your own discretion. We reserve the right to modify any errors or omissions on this Site at any time. Thus, any Site materials, details and description of the product, service program, and prices shown in the Site may be modified without prior notices.

12.2 By using this Site, please complete your details and personal information for registration process. Moreover, you must set up your own password by yourself, and are responsible for maintaining the confidentiality of your account and password.

12.3 Any order placing for goods and services on this Site by you, your representative or the unauthorized third parties who use your password in order to buy goods and services with your consent or by your improvident/ negligence action, you, as the owner of the password, agree to accept responsibility for all activities in all respects that occur under your Account and password without any dispute or claim.

12.4 Under the Terms and Condition of this Site, if you make a payment for goods and services by using credit card that belongs to others without their authorization, including any payment on goods and services that does not correspond with the credit card’s owner intention, and we are disclaimed by the owner or the bank/issuer of the credit card resulting in goods and services unpaid, you must take full responsibility for the goods or services and other damages that may occur and the company reserves the rights to file a lawsuit.

13. INDEMNITY

You agree to indemnify and hold J&P Fragrances (and its employees, directors, suppliers, subsidiaries, joint ventures, and legal partners) against from any claim or demand. Including reasonable attorneys’ fees, from and against all losses, expenses, damages and costs resulting from any violation of these Terms and Condition or any activity related to your Account due negligent or wrongful conduct.

14. USE OF SITE

J&P Fragrances does not make any warranty or representation that information on the Site is appropriate for use in any jurisdiction (other than Thailand). By accessing the Site, you warrant and represent to J&P Fragrances that you are legally entitled to do so and to make use of information made available via the Site.

15. GENERAL PROVISIONS

15.1 Entire Agreement. This Site’s Terms and Condition constitute the sole record of the agreement between you and J&P Fragrances in relation to your use of the Site. Neither you nor J&P Fragrances shall be bound by any expressed or implied representation, warranty, or promise not recorded herein. Unless otherwise specifically stated, this Site terms and condition supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and J&P Fragrances in respect of your use of the Site.

15.2 Alteration. J&P Fragrances may at any time modify any relevant terms and condition, policies or notices. You acknowledge that by visiting the Site from time to time, you shall become bound to the current version of the relevant Terms and Condition and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the current version each time you visit the Site.

15.3 Conflict. Where any conflict or contradiction appears between the provisions of this Site’s Terms and Condition and any other relevant terms and condition, policies or notices, the other relevant terms and condition, policies or notices which relate specifically to a particular section or module of the Site shall prevail in respect of your use of the relevant section or module of the Site.

15.4 Waiver. No indulgence or extension of time which either you or J&P Fragrances may grant to the other will constitute a waiver of or, whether by law or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

15.5 Cession. J&P Fragrances shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms and Condition, policies and notices to any third party.

15.6 Severability. All provisions of any relevant Terms and Condition, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and condition, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non-script and the remaining provisions of any relevant terms and condition, policies and notices shall remain in full force and effect.

15.7 Applicable Laws. Any relevant Terms and Condition, policies and notices shall be governed by and construed in accordance with the laws of Thailand without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Thailand in respect of any disputes arising in connection with the Site, or any relevant terms and condition, policies and notices or any matter related to or in connection therewith.

15.8 Comments or Questions. If you have any questions, comments or concerns arising from the Site, the privacy policy or any other relevant terms and condition, policies and notices or the way in which we are handling your personal information please contact us via [info@yugen.world].

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