Terms of Use and Website Registration

These general contractual terms and conditions govern registration on the Website and the use of the Website by the Customer.

1. Definitions

The terms indicated below, when used with a capital letter hereinafter, shall have the following meanings, it being understood that singular terms include the plural and vice versa:

• "Account": the Customer’s personal profile on the Website;
• "Customer": the natural person who browses the Website and uses the Services, whether registered or not;
• "Inticom": Inticom S.p.a., tax code and VAT no. 02649140122, REA no. 274435, with registered and operational office at Via Carlo Noè 22, 21013 – Gallarate (VA), certified e-mail address inticomspa@certimprese.it, manufacturer of the Products and owner of the Website domain name and of the Yamamay trademark, as well as of any other distinctive sign contained on the Website;
• "Parties": Inticom and the Customer jointly, as parties to the contract;
• "Products": movable goods - such as lingerie, knitwear and similar items, etc. under the Yamamay brand - displayed and sold retail on the Website;
• "Services": the services described in art. 6.1 that the Customer may use on the Website;
• "Website": the e-commerce website https://www.yamamay.com/it_it/

2. Duration and withdrawal

The contract has an indefinite duration, without prejudice to the Customer’s right to withdraw at any time by writing to Inticom at yamamayhelp@yamamay.com or by requesting deletion directly through the functions available on the Website.

It is understood that deletion of the Account may not be immediate and may require a maximum technical processing time of 4 (four) weeks from receipt of the request.

3. Methods of registration and access to the Website

3.1. In order to register on the Website, after having read the Privacy Notice pursuant to art. 13 of Regulation (EU) 2016/679 (“GDPR”), the Customer:

1. must enter their e-mail address;
2. must enter the code received to confirm the e-mail address, which constitutes an OTP (i.e. one time password);
3. must click on “confirm”, thereby accepting these general contractual terms and conditions;
4. once authenticated, may provide, within the Account, further personal data (name and surname, address, etc.) which will complete their profile, also for the purpose of purchasing the Products.

3.2. Once registered, the Customer may authenticate exclusively by entering their e-mail address and the OTP (one time password) code received at the indicated e-mail address.

3.3. The use of traditional passwords is not provided for. Access to and security of the Account are managed through the authentication system with an OTP code sent to the Customer’s e-mail address. The Customer is required to diligently protect access to their e-mail inbox and not to disclose the OTP codes received to third parties.

4. Customer warranties and declarations

4.1. The Customer declares that they are registering in their own name and not on behalf of third parties and, therefore, that they are the subject to whom the data - entered during registration or when completing the Account, or in any case during the use of the Services - refer, and that they have not already registered previously (the Customer may not activate more than one user profile on the Website connected to the e-mail address referred to in art. 3).

4.2. It is understood that if the Customer fails to comply with one or more of the conditions indicated in the previous paragraph and/or provides false, outdated or incomplete personal data, at Inticom’s discretionary assessment, Inticom reserves the right to prevent the Customer from accessing the Website by deactivating and/or deleting the Account, without prejudice to Inticom’s right to resort to any further remedy provided by law.

5. Customer obligations

5.1 The Customer undertakes to keep the data entered in the Account up to date.

5.2 Access to the Account takes place through the Customer’s e-mail address and the OTP code received. The Customer is required to protect access to their e-mail inbox with the utmost diligence and to keep OTP codes confidential in order to prevent their use by unauthorized third parties.

5.3 The Customer undertakes not to disclose the OTP codes received to third parties and to adopt every reasonable measure to avoid unauthorized access to their Account.

5.4 The Customer shall be responsible for any use of the Account, carried out by authorized or unauthorized third parties, as well as for any damage caused to Inticom and/or third parties as a result of failure to comply with the above, hereby undertaking to indemnify and hold Inticom harmless from any and all claims, including claims for damages, arising directly or indirectly from the aforementioned use or abuse.

5.5 The Customer undertakes to promptly notify Inticom if they become aware of unauthorized access to the Account (or have reason to suspect that the OTP code has been used by unauthorized third parties) or notice anomalies in the Website systems.

5.6 The Customer undertakes to use the Website and the Services in accordance with these general contractual terms and conditions and in full compliance with all applicable laws, therefore refraining from any conduct contrary to law (by way of example, engaging in conduct that may compromise the security of third-party systems and/or equipment, damage the functionality of the Website, interrupt its operation, allow unauthorized access, or provide untrue or inaccurate data).

5.7 The Customer is prohibited from carrying out any data mining activity (e.g. scraping) or using similar automated data extraction techniques to remove content from the Website without Inticom’s prior written authorization, without prejudice to the automatic action of the “spiders” of general search engines (e.g. Google). Even without using automated data extraction techniques, the Customer may not create and publish their own database reproducing the contents of the Website without Inticom’s prior written authorization.

6. Services

6.1 Through registration on the Website, the Customer may:

• purchase the Products, subject to acceptance of the relevant general terms and conditions of sale;
• monitor their Product orders;
• use the Account functions made available by the Website to manage their data, addresses, orders and preferences, in accordance with the Shopify Plus platform;
• create so-called “wishlists”, where this function is available on the Website.

6.2 It is also understood that the Customer who browses the Website, even without having previously registered, may view the Products and purchase them, as better governed by the relevant general terms and conditions of sale, purchase gift cards, subscribe to the newsletter or request information or technical support from Inticom through the “chat” function or by writing to the e-mail address yamamayhelp@yamamay.com.

7. Availability of services

7.1 The Customer acknowledges that the Website, except as mandatorily provided by law, is made available by Inticom and accepted by the Customer in the state in which it is found (therefore “as is” and “as available”).

7.2 The Customer acknowledges and accepts that use of the Website and therefore enjoyment of the Services may be suspended or interrupted, in whole or in part, for causes beyond any control of Inticom - such as, by way of example and without limitation, slowdown, congestion and/or overload of the system, of the internet access network, of telephone lines and of the processors that manage telematic traffic; tampering or unlawful interventions by third parties on the Website, malfunction/incorrect configurations of the connection equipment used by the Customer or tampering or interventions on such equipment carried out by the Customer or by third parties; incorrect use of the Website by the Customer; exceptional events, force majeure or fortuitous events - without this entailing any liability on the part of Inticom, nor any amount being due to the Customer on any grounds whatsoever.

7.3 The Customer acknowledges that the services referred to in art. 6 may be suspended - even without notice, where necessary - in order to ensure both corrective maintenance interventions aimed at remedying failures, flaws, defects, malfunctions of one or more elements of the infrastructure or correcting errors of the Website (e.g. bugs), and evolutionary maintenance interventions, aimed at improving its operation and usability, adding new functions and features, adapting it to regulatory developments and to the relevant context (updates), as well as in the event of emergencies or security threats.

7.4 Without prejudice to the above, Inticom shall in any case take care to restore the functionality of the Website as quickly as possible, in order to minimize the risk of inconvenience of any kind.

7.5 It is understood that Inticom does not assume any commitment with respect to availability and speed in responding to the Customer’s technical support requests.

8. Customer liability and limitations of Inticom’s liability

8.1 The Customer acknowledges that they shall be held responsible for all activities on the Website attributable to them, including those carried out through their Account referred to in art. 3.2, within the limits permitted by law.

8.2 In the event of breach of the obligations set out in arts. 4, 5 and 9, the Customer shall remain solely liable, with express indemnity in favor of Inticom or the rights holders, in relation to any claim made by third parties as a result of the aforementioned breach.

8.3 It is understood that, in the case referred to in the previous paragraph, Inticom may undertake, at its own discretion and without prior notice, any action it deems necessary or even merely appropriate to protect its interests, including blocking access to the Account, without prejudice to the right to terminate the contract as provided for in art. 10 and/or to request compensation for damages suffered.

8.4 Inticom declines all liability, to the fullest extent permitted by law and with the sole exclusion of cases attributable to its own wilful misconduct or gross negligence, for any and all direct or indirect damage suffered by the Customer as a result of or in relation to use of the Website and the Services.

9. Intellectual and industrial property rights

The Customer acknowledges and accepts that:

1. all intellectual and industrial property rights relating to the Website and to the contents, logos, trademarks and any distinctive signs (hereinafter, “Material”) published therein are owned by Inticom;
2. it is permitted only to browse the Website, view the Material and use the Services, while reproduction and/or reuse, in whole or in part, in any form, of the Website and the Material is prohibited without Inticom’s express written consent, including through links (e.g. framing or in-line linking), without prejudice to the provisions of art. 5 regarding so-called “data mining” techniques;
3. the failure by Inticom to exercise its right to take action or any form of tolerance by Inticom in relation to any conduct contrary to this article, as well as to the law on intellectual and industrial property, does not constitute a waiver of the right to act to protect Inticom’s position.

10. Express termination clause

Inticom reserves the right to terminate the contract pursuant to art. 1456 of the Italian Civil Code, by simple written notice to the Customer, if the latter is in breach of even only one of the obligations provided for in arts. 4, 5 and 9, letter b).

11. Privacy

Inticom processes the Customer’s personal data as Data Controller in compliance with privacy legislation, including the GDPR and Italian Legislative Decree 196/2003 as amended, and in accordance with what is indicated in the Privacy Notice pursuant to art. 13 of the GDPR and in the Website privacy policy, as well as in any other detailed information document that may be published on the Website in relation to a specific processing activity (e.g. newsletter).

12. Availability of legal documentation

These general contractual terms and conditions, as well as the Privacy Notice, are always available through the Website footer and downloadable in PDF format, as well as being made available to the Customer at the time of registration referred to in art. 3 and in the Account. The legal documentation is drawn up in all the languages of the countries in which a translated version of the Website exists.