General Terms of Use of the Site

The website https://www.yumay-beauty.com (the “Site”) is published and operated by ELM MANAGEMENT, a company incorporated under Belgian law, with its registered office at Avenue Louise 428 box 34, 1050 Brussels, Belgium, registered with the Belgian Crossroads Bank for Enterprises under number 0801 623 440 (“ELM”).

The use of the Site, as well as the use of its content and its functionalities, is subject to these General Terms of Use (the “GTU”). Using the Site (i.e. accessing, browsing and using the functionalities of the Site) constitutes your unreserved acceptance of the provisions described below, which you acknowledge having previously read.

These GTU may be updated at any time by ELM. The GTU in force at the time of use of the Site are the ones enforceable against you. We recommend that you regularly keep yourself informed of the GTU in force. You may consult the version of the GTU in force at any time during your visit to the Site by going to the “General Terms of Use” section at the bottom of the Site.

The Site’s personal data protection policy (the “Privacy Policy”) governs any collection and use of the personal information and data of the user of the Site communicated to ELM in the context of the use of this Site.

You may consult it by clicking on the “Privacy Policy” section accessible at the bottom of the Site. ELM may amend its Privacy Policy at any time, in accordance with the arrangements provided for in that document.

All elements constituting the Site (in particular, and without limitation, designs, models, illustrations, images, soundtracks, texts, logos, trade marks, etc.) are the exclusive property of ELM. The “YUMAY” trade mark, all other ELM-related trade marks and logos, whether registered or not, displayed on the Site, as well as the domain name “https://www.yumay-beauty.com”, are and shall remain the exclusive property of ELM. Any reproduction, distribution, transmission, modification or use of these trade marks without ELM’s prior express written consent, for any reason whatsoever, is prohibited.

Save for the exceptions expressly provided for in the GTU, you are not permitted to reproduce, in whole or in part, by any means whatsoever, to distribute, publish, transmit, modify or sell all or part of the content of the Site, or to create derivative works based upon it.

The use of all or part of the Site, in particular by downloading, reproduction, transmission, representation or distribution for purposes other than your personal and private use, whether for commercial purposes or not, is strictly prohibited. Any breach of these provisions shall subject you to the penalties provided for by applicable law.

The Site may contain URL links to third-party websites that are not published or controlled by ELM. Such links are provided solely for convenience; they cannot and must not be interpreted as an express or implied endorsement of those sites, their content or any product or service offered on them.

You may only set up a link to the website https://www.yumay-beauty.com with ELM’s prior, express written authorisation.

You undertake not to use or allow the use of the Site in an abusive manner, for unlawful, fraudulent or malicious purposes, including but not limited to: (i) hacking the Site or introducing malicious code, including viruses, or harmful data, into the Site or any operating system; (ii) using a spider or any other system, device or program (whether automated or otherwise) to extract data or information from the Site or from ELM’s servers; (iii) sending or storing on the Site documents containing viruses, worms, Trojan horses or other harmful code, files, scripts, agents or computer programs; (iv) interfering with, or undermining the integrity or performance of, the Site and the data it contains; (v) attempting to obtain unauthorised access to the Site or to its systems or associated networks; (vi) attempting to gain unauthorised access to the accounts or personal information of other users of the Site.

ELM will use its best endeavours to maintain a reasonable level of operation and availability of the Site. ELM reserves the right at any time, without notice, to limit user access to and use of the Site in order to carry out maintenance operations or to make changes. ELM cannot be held liable for any interruption of access due to such maintenance or update operations, to the extent permitted by applicable law.

ELM shall in no event be held liable to you or to any third party for any indirect, incidental, special or consequential damage — including, without limitation, any loss of profit or other indirect loss — resulting from your use of the Site or your inability to use it.

This limitation of liability applies to the extent permitted by applicable law.

ELM endeavours to ensure as far as possible that the information accessible via the Site is accurate and up-to-date. However, ELM does not in any way guarantee that this information is accurate, complete or up-to-date. ELM gives no warranty, whether express or implied, with respect to all or any part of the Site.

ELM cannot warrant or guarantee that:

• the Site is free from viruses, data-overwriting programs, Trojan horses or any other destructive material; and
• the information contained in the Site is accurate, complete or up-to-date.

The Site may contain technical inaccuracies or other defects. ELM does not warrant the correction of such defects, but ELM will use its best endeavours to ensure that the Site does not contain any. The Site and the content of the Site are provided “as is” and “as available”. ELM expressly disclaims any form of warranty, in particular any implied warranty as to the usual conditions of use of the Site or the fitness of the Site for ordinary use or for a specific use, its quality or its compliance with any legal provisions. This limitation of liability applies to the extent permitted by applicable law.

The provisions relating to the protection of your personal data are described in the “Privacy Policy” section accessible at the bottom of the Site.

The provisions relating to information on cookies used on the Site are described in the “Cookie Information” section accessible at the bottom of the Site.

ELM informs you that these GTU may be amended at any time. Such amendments shall be published by being posted online on the Site and shall be deemed accepted without reservation when you access the Site after they have been posted online. ELM recommends that you regularly consult this page.

In the event that any clause of these GTU is held to be void due to a change in legislation, regulation or by a court decision, this shall in no way affect the validity and observance of the other clauses of the GTU.

These GTU are governed by and construed in accordance with French law. However, the application of French law shall not deprive the user of the level of protection afforded by the applicable mandatory provisions of law of their country of habitual residence.

In the event of any dispute relating to the application and/or interpretation of these GTU and/or an order, the user may contact our Customer Service in order to seek an amicable solution.

In addition, the user may also resort to a conventional mediation procedure or any other alternative dispute resolution procedure, with a qualified entity, in order to attempt to resolve their dispute amicably.

The user remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator. Failing an amicable solution or recourse to mediation, all disputes to which the GTU and/or a user’s order may give rise shall be submitted to the competent French court in accordance with the rules laid down by applicable law.

The fact that one of the parties does not avail itself of the other party’s breach of any of its obligations referred to in these GTU shall not be interpreted in the future as a waiver of the obligation in question.

In the event of a dispute, if you reside outside France, in accordance with the provisions of Regulation (EU) No. 1215/2012 of 12 December 2012:

• you may bring proceedings before the court of the place where you are domiciled;
• ELM may bring proceedings before the court of the place where you are domiciled.