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These general terms and conditions govern the registration on the Site and the use of the same by the Customer.
The terms indicated below, hereafter used with a capital letter, will have the following meanings, it being understood that singular terms include plurals and vice versa: - "Account": the Customer's personal profile on the Site (called "my account"); - "Customer": the natural person who browses the Site and uses the Services, whether registered or not; - "Inticom": 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; - "Parties": Inticom and the Customer jointly, as parties to the contract; - "Products": movable property - such as linen, knitwear and the like, etc. branded Yamamay - displayed and retailed on the Site; - "Services": the services described in art. 6.1 which the Customer can use on the Site; - "Site": the e-commerce site www.yamamay.com
Duration and Withdrawal
Mode of registering and accessing the site
Guarantee and Declaration Of the Client
4.1. The Customer declares to register in his own name and not on behalf of third parties and, therefore, to be the subject to whom the data - entered as part of the registration or when integrating the Account, or in any case during the use of the Services - refer and that they have not already registered in advance (the Customer cannot activate more than one user on the Site connected to the e-mail address referred to in art. 3). 4.2. It is understood that if the Customer does not comply with one or more of the conditions indicated in the previous paragraph and / or provides false, not current, incomplete personal data, based on Inticom's discretionary assessment, the latter reserves the right to prevent the Customer from accessing to the Site, by deactivating and / or deleting the Account, without prejudice to Inticom's right to resort to any further remedy provided by law.
Obligation of the Client
5.1 The Customer undertakes to keep the data entered in the Account updated. 5.2 The credentials referred to in art. 3 cannot be transferred to third parties. The Customer is required to keep them with the utmost diligence and to keep them confidential in order to prevent their use by unauthorized third parties. 5.3 For security reasons, the Customer is required to choose a password that is not easy to identify and to change it periodically. 5.4 The Customer will be responsible for any use of the credentials, made by authorized or unauthorized third parties, as well as for any damage caused to Inticom and / or third parties, depending on the failure to comply with the above, committing as of now to indemnify and hold harmless Inticom from any and all requests, including for damages, deriving, directly or indirectly, from the aforementioned use or abuse. 5.5 The Customer undertakes to promptly notify Inticom in the event that it becomes aware of unauthorized access to the Account (or suspects that the credentials have been stolen) or known anomalies in the Site's systems. 5.6 The Customer undertakes to use the Site and the Services in accordance with the provisions of these general contract conditions and in full compliance with all applicable regulations, thus refraining from any conduct contra legem (by way of example, carrying out behaviors that could compromise safety systems and / or equipment of third parties, damage the functionality of the Site, interrupt its operation, allow unauthorized access, provide untrue or inaccurate data). 5.7 It is forbidden for the Customer to carry out any data mining activity (e.g. scraping) or the use of similar automatic data extraction techniques to steal the contents of the Site, without the prior written authorization of Inticom, without prejudice to the action automatic of the "spiders" of general search engines (eg Google). The Customer, even without the use of automatic data extraction techniques, cannot create and publish its own database that reproduces the contents of the Site without the prior written authorization of Inticom.
6.1 The Customer, by registering on the Site, can: - purchase the Products, subject to acceptance of the relative general conditions of sale; - keep track of their product orders; - pre-register payment methods for placing orders for Products; - create cd. "Wishlist". 6.2 It is also understood that the Customer who browses the Site, even without having previously registered, can view the Products and purchase them, as better governed by the relative general 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 firstname.lastname@example.org.
Availability of Services
7.1 The Customer acknowledges that the Site, except as required by law, is made available by Inticom and accepted by the Customer in the state in which it is located ("as is" and "as available"). 7.2 The Customer acknowledges and accepts that the use of the Site and therefore the use of the Services may be subject to suspension or interruption, in whole or in part, for reasons beyond any control by Inticom - such as, by way of example and not exhaustive, slowdown, congestion and / or overload of the system, of the internet access network, of the telephone lines and of the computers that manage the telematic traffic; tampering or illegal interventions by third parties on the Site, malfunction / incorrect configurations of the connection equipment used by or tampering with or interventions on such equipment, carried out by the latter or by third parties; incorrect use of the Site by the Customer; exceptional events, force majeure or unforeseeable circumstances - without this entailing any responsibility on the part of Inticom, nor that the Customer is owed anything in any way. 7.3 The Customer acknowledges that the services referred to in art. 6 may be suspended - even without notice, if necessary - in order to guarantee both corrective maintenance interventions aimed at remedying faults, defects, malfunctions in one or more elements of the infrastructure or to correct errors in the Site (eg. bugs), and those of evolutionary maintenance, aimed at improving its functioning and usability, adding new functions and features, adapting it to the evolution of legislation and the reference context (update), as well as in the event of emergencies or threats relating to security. 7.4 Without prejudice to the foregoing, Inticom will in any case take care to restore the functionality of the Site as quickly as possible, to minimize the risk of inconvenience of any kind. 7.5 It is understood that Inticom does not undertake any commitment with respect to the availability and speed in responding to the Customer's requests for technical support.
Responsibility of the Client and Limitation of Inticom's Liability
8.1 The Customer acknowledges that he will be held responsible for all activities on the Site attributable to him, including those carried out with his credentials pursuant to art. 3.2, within the limits permitted by law. 8.2 In case of violation of the obligations referred to in Articles. 4, 5 and 9, the Customer will remain solely responsible, with express indemnity towards Inticom or the holders of the rights, in relation to any claim made by third parties due to the aforementioned violation. 8.3 It is understood that, in the hypothesis referred to in the preceding paragraph, Inticom may undertake, at its discretion and without prior notice, any action it deems necessary or even only appropriate to protect its interests, including blocking access to the Account, without prejudice to the right to terminate the contract as provided for by art. 10 and / or to request compensation for damage suffered. 8.4 Inticom declines all responsibility, to the fullest extent permitted by law and with the sole exclusion of cases attributable to willful misconduct or gross negligence of the same, for any and all damage, direct or indirect, that the Customer suffers as a result or in connection with the use of the Site and Services.
Direction of intellectual and industial property
The Customer acknowledges and accepts that: a) all intellectual and industrial property rights relating to the Site and the contents, logos, trademarks and any distinctive markings (hereinafter, "Material") published therein are owned by Inticom; b) it is only allowed to browse the Site, view the Material and use the Services, being prohibited the reproduction and / or reuse, in whole or in part, in any form, of the Site and the Material, without the express consent in writing of Inticom, also through links (eg framing or in line linking), without prejudice to the provisions of art. 5 with regard to cd techniques. "Data mining"; c) Inticom's failure to exercise the right to act or any form of tolerance of the same in relation to any conduct contrary to this article, as well as to the law on intellectual and industrial property, does not represent a waiver to act to protect the position of Inticom itself.
Termination Express Clause
IntInticom reserves the right to terminate the contract pursuant to art. 1456 of the Italian Civil Code, by simple written communication to the Customer, if the latter defaults on even one of the obligations provided for in Articles 4, 5 and 9, lett. b).
Provision of legal documentation