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These general terms and conditions govern the terms and conditions of sale of the products on this site.
The terms indicated below, when used with a capital letter, will have the following meanings (with it being understood that singular terms include plurals and vice versa):
Customer: the natural person registered on the Site who purchases the Products there and uses the elated services.
Parties: the Seller and the Customer as joint parties to the contract;
Products: movable property - such as linen, knitwear and the like, etc. branded Yamamay - displayed and retailed on the Site;
Site: the e-commerce site www.yamamay.com where the Products displayed can be purchased, with photographic images, price, colors, sizes, measurements and any other information useful to the Customer;
Seller: the company Inticom S.p.a., tax code and p. IVA 02649140122, REA number 274435, with registered and operational headquarters in Via Carlo Noè 22, 21013 - Gallarate (VA), P.E.C. email@example.com, producer of the Products and owner of the domain name of the Site and of the Yamamay brand, as well as of any other distinctive sign contained on the Site.
2. Conditions and limits of the sale of products
2.1 The Customer declares to act, in purchasing the Products, for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out and therefore as a "consumer" pursuant to consumer law, including Legislative Decree lgs. 206/2005 (hereinafter, "Consumer Code").
2.2 The Customer accepts that, where he cannot be qualified as a "consumer", but as a reseller, wholesaler or, in any case, as a person who intends to purchase the Products for the purpose of subsequent resale and / or who operates in the exercise of his own business, commercial , artisanal or professional (also as an intermediary), these general terms and conditions will still apply, with the exception of: - art. 7, for which the Customer will not be able to benefit from the guarantee indicated therein; - of art. 8, for which the Customer will not be granted the right of withdrawal regulated therein; - of art. 13 for which the Customer cannot invoke the mandatory provisions of the consumer protection legislation of the country in which he resides or appeal to the court of the place where the latter is located; - of any other protection provided in favor of the "consumer" Customer, which reflect mandatory provisions of the law. Furthermore, it is understood that if the Customer is not a "consumer", the application of the United Nations Convention on Contracts for the International Sale of Goods will in any case be excluded.
2.3 The Customer acknowledges and accepts that the Products can only be shipped to the countries on the list that appears during the purchase procedure referred to in art. 3.1. It is understood that if the Customer chooses the "cash on delivery" payment method (ie, payment on delivery), this purchase will only be possible in Italy.
2.4 The Customer, for the purpose of purchasing the Products, declares to be the person to whom the data entered on the Site (eg name and surname, e-mail address, shipping address, credit card, etc.) refer and / or to be entitled to confer them, guaranteeing their truthfulness and correctness and undertaking to hold the Seller harmless from any dispute, claim, action, claim by third parties in relation to the processing of said data carried out by the same.
3. How to purchase products and conclusion of the contract
3.1 To purchase the Product, the Customer, after having entered it in the appropriate virtual cart:
3. must choose one of the shipping methods among those indicated in the following art. 4.4;
4. must choose one of the payment methods and, unless he has chosen that of the "cash on delivery", make the payment, as better regulated by art. 5 and 6;
5. must check the accuracy of the data previously entered on the summary page and modify them in case of errors, and then click on "buy now", definitively sending the purchase order to the Seller (hereinafter, "Order").
3.2 By placing the Order, the contract between the Parties is considered concluded.
3.3 The Customer accepts that (i) where existing, the promotional codes offered on the Site are valid only for the Products and for the period of time indicated from time to time, (ii) the promotional codes are non-refundable and cannot be combined and that (iii) to take advantage of the discounts and / or offers linked to promotional codes, the Customer who is in possession of them must enter the promotional code in the appropriate space on the Site during the procedure referred to in art. 3.1 above. It is understood that an Order cannot be canceled or renewed to allow the use of a promotional code not previously entered by the Customer when placing the Order
3bis: E-gift Card.
3bis.1. Description and validity of the E-gift Card. The "E-gift Card", available in the fixed amounts provided on the Site, can be used by the Buyer or by a third party to purchase any Product on the Site, until its value is exhausted . The E-gift Card is not nominative. The Purchaser may purchase one or more E-gift Cards for himself or give it to a third party, by selecting the payment methods available on the site, with the exception of the cash on delivery method.
The purchased E-gift Card it cannot be recharged and can be used several times until the relative credit is used up exclusively for the purchase of Products - with the exception of additional E-gift Cards - through the Site.
3bis.2. The E-gift Card is valid for 12 (twelve) months from the receipt by the recipient of the email containing the E-gift Card code. The amount paid for the purchase of the E-gift Card will be transferred to the seller. in non-interest bearing deposit, it cannot be converted into cash, is not subject to the right of return, nor can it be credited to a credit card or bank account. The purchase of the E-gift Card is not subject to the application of VAT pursuant to art. 2, co. 3, lett. a), Presidential Decree 633/1972.
3bis.3. How to purchase the E-gift Card. In the form relating to the E-gift Card, the Purchaser will be asked to indicate: sender's name, sender's e-mail, recipient's name, recipient's e-mail, confirmation of - recipient email, text of the accompanying message (optional) .Before sending it, the Buyer will see a preview of the email that will be sent to the recipient of the gift-card, who can then add to the cart along with any other products to acquire. In the event that the Purchaser intends to purchase an E-gift Card as a gift to a third party, he must communicate the name and e-mail address of that third party during the related purchase process. These data will be processed exclusively to allow the Seller to send the E-gift Card to the third party via e-mail and to allow the Seller to fulfill the resulting services and obligations. These data (name and email address of the third party) will be kept only until the email with the details of the E-gift Card is sent, and then the data relating to the third party processed for the purposes indicated here will be deleted. The Purchaser is warned and declares to be aware that the incorrect indication of the e-mail address of the third party to whom the E-gift Card is to be sent, indicated by the Purchaser during the purchase process of the E-gift Card, will make it impossible for the third party to receive and use the E-gift Card itself, without any responsibility being attributed to the Seller.
3bis.4. How to use the E-gift Card. The E-gift Card can be used for the purchase of any Product present on the Site, also to cover shipping costs and, if present and available on the Site, promotional items and / or gift boxes. . The E-gift Card cannot be used to purchase additional E-gift Cards. Several E-gift Cards may be used for the same order of Products on the Site. In order to purchase Products using an E-gift Card, it is It is necessary to enter the code of the E-gift Card in the appropriate field on the virtual cart page. The E-gift Card can be used for multiple purchases on the Site until the credited amount is exhausted, within the period of validity of the same. . In the event that the total amount of the order is greater than the credit available in the E-gift Card, the remaining amount must be paid by the Buyer with one of the payment methods available on the Site, in order to complete the order. After the expiry of the relevant term of validity (12 months), the E-gift Card cannot be further used and any remaining credit in the E-gift Card will not be refunded.
3bis.5. The Buyer is expressly warned and declares to be aware that knowledge of the E-gift Card code allows it to be used by anyone through the Site: this code must, therefore, be diligently kept and guarded by the recipient of the email. With reference to the use of the E-gift Card, it is understood that between the Buyer or the third party to whom the E-gift Card was given and the Seller, the information resulting from the records, including electronic records, of the Seller's sales system will be valid.
3bis.6. Right of withdrawal from the purchase of Products using an E-gift Card.In case of purchase of one or more Products using an E-gift Card, the Buyer will have the right to exercise the right of withdrawal, with the exclusion of orders of purchase including one or more customized Products. In case of exercise of the right of withdrawal by the Buyer relating to the purchase of Products paid for, partially or totally, with credit deriving from an E-gift Card, if the conditions set out in these conditions of sale exist, the amount paid in relation to the purchase order for which the right of withdrawal is exercised will be re-credited, for the amount paid by E-gift Card, on the E-gift Card itself, while any remaining sum paid with another means of payment will be returned through the same payment method selected by the Buyer at the time of order confirmation. the Buyer or the third party has the opportunity to check the balance of their E-gift Cards (residual credit) in the virtual cart section, in the appropriate field, after entering the E-gift Card code.
4. Execution of the contract and delivery of the product
4.1 Upon receipt of the Order, the Seller will send a summary communication via e-mail, including a detailed indication of the price, shipping costs and applicable taxes, the essential characteristics of the chosen Product, as well as the link to these contractual conditions in downloadable and storable format.
4.2 Once the purchased Product has been shipped, the Customer will receive an e-mail confirming the shipment and can check the status of the shipment in the "my account" section on the Site.
4.3 The Seller ships BRT dpdgroup to Italy, which provides for delivery in about 1-3 working days throughout the national territory / in most Italian locations and with flexible methods (on Saturdays, in the evening, by appointment, delivery to the neighbor, etc. .). In any case, the Seller undertakes to carry out the delivery within a maximum time of 30 (thirty) days from the day of sending the confirmation e-mail referred to in art. 4.1. above, without prejudice to the provisions of art. 61 of the Consumer Code.
4.4 The Customer may request the delivery of the Product to its own address (e.g. residence), or, if available, to a nearest Seller's point of sale.
4.5 The Parties acknowledge that: - if the customer is absent at the time of delivery at the address indicated by the same, a further delivery attempt is ensured; in this case, the courier will leave a notice to inform the Customer that a second delivery attempt will be made the next working day; - in case of absence of the Customer even on this day (second attempt), the Customer will be contacted by the carrier in order to organize a new delivery attempt of the Product object of the Order. If this attempt is also unsuccessful, the Product will be placed in cd. "Storage" for 10 days in the carrier's branch closest to the shipping address indicated by the Customer. During this period, the Customer will be contacted by the Seller's customer service in order to release this stock. If the Product is not collected within the storage period, the Order will be considered canceled and the carrier will return the Product to the Seller, who will refund any sums already paid by the Customer using the same payment method (net of the costs of returns incurred by the Seller).
4.6 The Customer undertakes to promptly check and no later than 8 (eight) days from delivery that the latter includes all and only the Products purchased and to promptly inform the Seller of any defect in the products received or of their discrepancies with the Order. . Should the packaging and / or wrapping of the Products ordered by the Customer reach their destination clearly damaged, the Customer is invited to refuse delivery by the carrier or to accept delivery "with reserve". Once the aforementioned term has elapsed without the Customer having formulated any objections, the Products delivered will be considered definitively accepted, without prejudice to the provisions of the following articles. 7 and 8.
4.7 The Customer acknowledges and accepts that the stocks of Products are limited and that, therefore, the information reported on the Site about the availability of the Products are purely indicative and that some Products may not be available (eg because they are out of stock). In case of impossibility to execute the Order due to the unavailability, even temporary, of the Product, the Seller will notify the Customer within 30 days of receiving the Order, providing for the reimbursement of any sums already paid by the latter using the same means of payment.
4.8 The Seller reserves the right not to execute the Order where the Customer is a person with whom the same has or has had a legal dispute, who has been involved in fraud of any kind (including those relating to payments by credit card and / or the release of identification data that prove to be false / incomplete), in any case by providing for the reimbursement of any sums already paid by the latter using the same means of payment.
5. Price and any customers clearance cost
5.1 The Parties agree that the price of the Product is that indicated on the page of the Site referred to in art. 3.1 point 6 (the "summary" page) and includes standard packaging costs, VAT. (at the VAT rate applicable on the day of the Order) and any additional taxes (if applicable), to which are added the shipping costs which are calculated based on the place where the Product must be delivered and the payment method chosen based on the provisions of art. 6 - in particular, the "cash on delivery" method referred to in art. 6 lett. c involves the additional cost of Euro 3 (three) - which the Customer undertakes to pay to the Seller in addition to the price of the Product.
5.2 The Customer therefore undertakes to pay the total price referred to in the previous paragraph to the Seller, as reported in the order referred to in art. 3.1 point 6 and in the Order confirmation sent by e-mail to the Customer pursuant to art. 4.1 (hereinafter, "Price").
6.1 The Customer can pay the Price to the Seller using one of these payment methods: to. credit card, as better indicated in the following art. 6.2; b. PayPal or Amazon Pay (after choosing this payment method, the Customer will be redirected to the relevant website, where he will have to enter his data, which will be processed only by the companies that provide these services, and proceed with the payment); c. CD. "Cash on delivery", ie payment in cash upon delivery of the Product (this payment method is available only for shipments in Italy and for non-personalized products; at the time of delivery, payment can only be made in cash; the Customer must prepare the exact amount in cash as the carrier may not be able to give change).
6.2 With regard to the form of payment referred to in art. 6.1, lett. a., the Customer acknowledges that the Seller accepts Visa, MasterCard, American Express, Maestro and PostePay credit cards, as well as additional ones that may be introduced on the Site and that the Customer can view and select at the stage indicated in art. 3.1, no. 4. The Seller will do everything possible to ensure maximum security for the Customers thanks to the most widely used encryption solution on the market. the Customer will be directed to the supervised payment site of the Adyen company which implements the SSL security standard. Confidential data is transmitted encrypted to the Adyen company. For more information, you can visit www.adyen.com. As part of the fight against fraud, the Seller uses 3D Secure payment for orders paid by Visa and MasterCard cards. 3D Secure (also called “Verified by Visa” or “MasterCard SecureCode”) is a payment system through authentication that allows you to strengthen security during online purchases. At the time of payment, the Customer's bank verifies the identity of the cardholder before confirming the transaction. After entering the details of his card, the Customer will be transferred to the website of his bank on which he will be asked to identify himself (according to his own procedure: e.g. confirmation via app). The Customer's payment data (credit card number, credit card expiration date, etc.) will be processed exclusively by the Adyen company and will never reach the Seller's possession and / or knowledge.
6.3 The Customer acknowledges and accepts that, for purposes of security, fraud prevention and / or protection of the Seller's credit, the latter may request information and / or justifications from the Customer (e.g. request a copy of the identity card and / or some identification numbers of the credit card used) and to apply the measures deemed necessary (eg cancellation of the Order or deactivation of "my account" personal profile) and that, after 10 (ten) days from the invoice date or from the notification of refusal of bank payment or any unsuccessful payment attempt will be applicable to the amount due at the statutory interest rate plus three points and, consequently, the shipment of any other new Order may be suspended until the payment is successful. of the previous Order.
7. Legal guarantee of conformity of the Seller, reporting of conformity defects and interventions under guarantee
7.1 The Parties acknowledge that the Products are covered by a legal guarantee of conformity in application of articles 128 and ss. of the Consumer Code and, in particular, that the Customer has the right - in case of non-conformity of the Product (e.g. any defects), in compliance with what is specified in the following paragraph - to restore the conformity of the same, without costs for the Customer, by repairing or replacing the Product or by refunding the Price.
7.2 Under penalty of forfeiture, the Customer has the duty to report any non-compliance within and no later than 2 (two) months from the discovery of the lack of conformity, by writing to firstname.lastname@example.org, indicating in the subject of the 'email "Product damaged, non-compliant or incorrect sending", reporting the non-compliance found and attaching (i) at least 1 (one) photograph of the Product in which the defect is clearly visible and (ii) the Order confirmation and / or the tax receipt. Subsequently, the Customer will receive an e-mail communication with instructions to proceed with the shipment of the Product for the Seller to verify the actual existence of the non-compliance. Where the latter is ascertained by the Seller, the latter will proceed to repair or replace the Product or refund the Price with the same payment method used by the Customer (in the case of cash on delivery, by bank transfer to the coordinates indicated by the Customer).
7.3 It is understood that the action aimed at asserting the defects not intentionally concealed by the Seller is prescribed, in any case, within the term of 26 (twenty-six) months from the delivery of the Product, without prejudice to the Customer's right to assert the defects of compliance promptly reported.
8. Right to withdrawal - conditions for the returns of Products
8.1 Subject to the exceptions referred to in art. 59 of the Consumer Code, the Customer is granted the right to withdraw from the contract (as per articles 52 et seq. Of the Consumer Code), without having to provide any reasons and without any penalty, within the term of 14 (fourteen) days from the date of delivery of the Product, following the instructions published on the Site in the "Returns" section.
8.2 It is understood that the right of withdrawal from the contract can be exercised provided that: - the Products to be returned have not been worn, ironed, washed or treated in any way; - the Products are returned in the same conditions in which they were shipped to the Customer and, in particular, are packaged and packaged appropriately and the Product labels, both in fabric and pending, intact; - the Product to be returned must be physically delivered to the courier for the purpose of the return no later than 30 days from the date of delivery of the Product; - the return instructions referred to in the preceding paragraph are correctly followed.
8.3 Once the product has been returned by the Customer, the Seller will assess the condition of the Product and, if it ascertains that one or more of the above conditions have not been respected, it reserves the right not to accept the returned Product and to send it back to Customer at the expense of the latter, or to charge him the costs that may be necessary to ensure the relisting.
8.4 It is also understood that the return shipment of the Product is at the Customer's risk and, therefore, the Seller cannot be held responsible for loss or damage attributable to the Customer (eg inadequate packaging).
8.5 In the event of withdrawal, to the extent that the Customer has complied with the return instructions and the conditions specified respectively in the previous articles. 8.1 and 8.2, the Seller will send the latter a confirmation e-mail and will refund the Price - net of any duties or taxes applied to the return shipment or any costs for returning the product - within 30 days from sending this e-mail with the same payment methods (in case of cash on delivery, by bank transfer to the coordinates indicated by the Customer). It is understood that, as better indicated in the "Returns" section of the Site, in the event of a so-called withdrawal. "Partial" - that is when the Customer, having placed an Order for several Products, decides to return only a part of them (for example by returning a Product out of three overall purchased) - the delivery costs will be reimbursed in proportion to the number of Products returns.
8bis. Right of withdrawal from the purchase of an E-gift Card. The Purchaser has the right to withdraw from the purchase contract for an E-gift Card, without any penalty, within 14 (fourteen) days from the purchase of the relative E-gift Card, i.e. from the date of receipt of the e-mail. The right of withdrawal referred to in this paragraph is expressly excluded and it will not be possible to exercise it with reference to an E-gift Card partially or fully used for the purchase of Products on the Site.
To exercise the right of withdrawal , if the term referred to in the previous par. and the E-gift Card has not been used, in whole or in part, for the purchase of Products on the Site, the Buyer must inform the Seller of his decision to withdraw by sending an explicit declaration to the following [Form] (https: //www.yamamay.com/it_it/contacts) of contact.
Following the provisions of the previous paragraph, the Buyer will receive an e-mail confirming the withdrawal and deactivation of the E-gift Card, containing:
(i) the order number from which one is withdrawing,
(ii) the code of the E-gift Card subject to withdrawal and deactivation - with the last characters obscured in case of purchase of an E-gift Card given to a person third;
(iii) the expiry date and the value of the E-gift Card.
In the case of withdrawal exercised in reference to an E-gift Card purchased to give it to a third party, the latter will receive an e- e-mail informing him of the deactivation of the E-gift Card as a result of the Buyer's exercised right of withdrawal.
In the event of withdrawal pursuant to this paragraph, the payment made for the purchase of the E-gift Card will be refunded to the Purchaser, no later than 14 (fourteen) days from the communication of the desire to exercise the right of withdrawal. This refund will be made using the same payment method used by the Buyer when purchasing the E-gift Card.
9. Personal Products
9.1 As indicated in art. 3.1, n. 1 and in the appropriate section on the Site, the Customer can take advantage of the Product customization service.
9.2 The Customer acknowledges that, where he personalizes the Product object of the Order: - your right of withdrawal is excluded, in accordance with the provisions of art. 59, lett. c), of the Consumer Code; - "cash on delivery" payment is not allowed.
10. Characteristicsof the product
10.1 The Customer acknowledges and accepts that the images of the Products shown on the Site must be considered indicative since, although the Seller takes measures to do everything possible so that the photographs are faithful reproductions of the Products, variations are possible due to the technical characteristics (eg. color resolution) of the device used by the Customer to browse the Site and that, therefore, the images of the Products shown may not correspond to the real ones. Therefore, the Seller will not be held responsible for any mismatches between images and the delivered Product due to the aforementioned reasons.
10.2 The prices, the Products for sale on the Site and / or their characteristics are subject to change without notice and it is therefore the Customer's responsibility to check this information again before proceeding with the Order.
11. Customer Care
The Customer can use the customer care services in relation to his Order (request for further information on the Products, reports of disservices or aspects of the Site to be improved, questions on how to return, complaints, etc.), using the "contact us" service on the Site, without prejudice to the right to contact the Seller at the references indicated in article 1.
12. Direction of intellectual property
12.1 The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of the Seller and / or of its successors in title, without any rights on the same deriving from access to the Site and / or from the purchase of the Products.
12.2 It is understood that the contents of the Site cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.
13. Applicable law, competent court and attempted conciliation
13.1 The contract is governed by Italian law and will be interpreted according to it, without prejudice to the applicability of the mandatory rules of the legislation of the country in which the Customer, as a consumer, has his residence. 13.2 In the event of disputes between the Parties, the Customer has the right to (i) make use of the joint conciliation procedure (which can be used after 45 days from the date of sending a written complaint) by sending the request to the e- mail email@example.com or fax number 02/87181126 (for more information see the relevant website) or (ii) access the European Online Dispute Resolution platform, developed and managed by the European Commission, in compliance with Directive 2013 / 11 / EU and Regulation (EU) 2013/524, in order to facilitate the out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer residing in the European Union and a professional established in the European Union through the intervention of an ADR ("alternative dispute resolution") body that has joined it, which can be selected from a specific list available there. For more information on this platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to the contract, the Customer can access the following link: http://ec.europa.eu/odr (the address e-mail address of the Seller to be indicated is PEC firstname.lastname@example.org). 13.3 For all disputes relating to the contract between the Parties, the Customer may act before the judge of the place of residence or domicile or, at his choice, at the Court of Milan.
14. Provision of legal documents.
14.1 These general terms and conditions can always be consulted via the footer of the Site and can be downloaded in PDF format, as well as being made available to the Customer at the time of purchase pursuant to art. 3.1 and in the e-mail communication referred to in art. 4.1.
14.2 The legal documentation is drawn up in all the languages of the countries in which a translated version of the Site exists.