General conditions of use and sale (valid from 01.02.2020)
The general conditions define and regulate the use of the website www.yspot.co (hereinafter, the “Website”) and the sale of the products offered on the Website by Yspot (hereinafter, the “Product” and/or “Products”) Yspot srl, registered office in Saluzzo (CN),via Spielberg 89, tax code/VAT 03881650042 (hereinafter, the “Company” or “Yspot”) to the customer (hereinafter, the “Customer”).
The Customer unconditionally accepts the following general conditions of use and sale (hereinafter, the “General Conditions”) when using the Website and/or purchasing Yspot Products.
ARTICLE 1: Purchasing process
Yspot offers the Customer the opportunity to purchase the Products directly from the “Shop” section of the Website (hereinafter, the “Shop”). The Customer can only purchase the Products available in the online catalogue of the Shop, as described in their respective information sheets.
1.1 Purchase of Products and Pre-ordered Products
The Customer can view all the Products available for purchase in the Shop, as well as select the desired Products and add them to the shopping cart (hereinafter, the “Cart”). By accessing the shopping cart, the Customer can:
- check the selected Products;
- verify the price of the Products, their shipping costs, and the total price;
- add or remove the selected Products by clicking on the relative symbols;
- enter any promotional codes.
The Customer is informed about the availability of the Product at the time of purchase.
Products not immediately available are marked with the wording “Pre-order”.
The Customer can purchase Pre-ordered Products; in this case, he or she acknowledges and accepts that the delivery time of said Products might be different from the ordinary delivery time and, in any case, within four weeks from the date on which the Product has been made available for purchase on the Website.
1.2 Purchase Order
After selecting the Products, the Customer, following the instructions provided by the Website, proceeds to:
- enter personal details and the shipping information (hereinafter, the “Customer Data”);
- select one of the order payment methods accepted by Yspot
- confirm the data and send the order to Yspot (hereinafter, the “Order”).
1.3 Order Summary
After completing the procedure referred to in the above section 1.1.2, the Customer can view and assess, on the reference web page, the accuracy of the Order summary data, the Product price and the shipping costs (hereinafter, the “Order Summary”).
If the Customer finds an error, he or she must immediately notify Yspot, in accordance with the procedures provided for in article 14 below.
1.4 Purchase Order Acceptance
The Order will be processed by Yspot only if the entire purchase procedure has been completed correctly and regularly, without the Website highlighting any error message.
Yspot acceptance of the Product purchase order is considered verified when the Order reaches the Yspot server and determines the charged amount of the expense (including shipping costs) through the payment method chosen by the Customer.
1.5 Confirmation of Order
The correct receipt of the Order will be confirmed by Yspot through an Order Confirmation e-mail, sent to the e-mail address indicated by the Customer during the purchase phase (hereinafter, “Order Confirmation E-mail”). The Order Confirmation E-mail indicates:
- the Customer Data;
- the selected Product or Products and their essential features;
- the final price, including VAT and shipping costs.
The Customer shall verify the correctness of the data contained in the Order Confirmation E-mail, and promptly notify Yspot of any errors or inaccuracies, according to the procedures described in these General Conditions.
1.6 Notification of the non-acceptance of incomplete, inaccurate Orders or unsuccessful payments
Yspot will notify the non-acceptance of the Order due to error in the procedure and/or in the execution of the payment transaction, by sending an e-mail to the address indicated by the Customer.
1.7 Tracking Number
Yspot – the carrier chosen by the Customer – will proceed to send the shipping number (the so-called “Tracking Number”) to the Customer’s e-mail address, in order to check the delivery status with the procedures and the terms set by the carrier.
Article 2: Prices
2.1 Each Product is sold at the price – inclusive of VAT – indicated in the Shop at the moment of the Order Confirmation of the Customer (hereinafter, the “Price”).
2.2 The Customer will be charged of the Product shipping costs, which are shown before the Order confirmation in the “order summary” section (hereinafter, the “Shipping Costs”).
Article 3: Invoices
3.1 For each accepted Order, Yspot will send an invoice, at the Customer’s request, to the e-mail address of the person who placed the Order (hereinafter, the “Invoice”).
3.2 The data and information provided by the Customer at the time of the order will be used to issue the Invoice.
3.3 After invoicing, no variation of the data and information included in the Invoice will be allowed.
Article 4: Shipping and Delivery
4.1 The shipment and delivery of the Products is intended for the territory of the Member States of the European Union.
4.2 The Products will be shipped to the address indicated by the Customer – it being understood that the Customer, from that moment on, will exempt Yspot from any liability related to an incorrect delivery due to entering incorrect data.
4.3 Yspot uses third-party companies to ship and deliver the Products. Yspot will not be held responsible under any circumstances for any delays attributable to the carrier in delivering the Product to the Customer.
4.4 The Customer’s report regarding the non-delivery by the carrier, of the totality or part of an Order, must be issued no later than 10 (ten) days from the date of execution of said Order.
4.5 In no case can Yspot be held responsible for any loss, damage, incorrect or non-delivery of the Product to the Customer, caused by events, reasons due to force majeure or unforeseeable circumstances, such as, for merely and purely indicative purposes: natural disasters, epidemiological risks, adverse weather conditions (such as heavy snow), potential strikes (personal or from other employees), accidents to means of transport, explosions, or any other similar or different cause.
Article 5: Payment methods
5.1 To proceed with the purchase of the Product, the Customer must select one of the following payment methods accepted by Yspot:
- credit card, from one of the circuits allowed by Yspot and indicated on the Website;
5.2 The information relating to the customer’s credit card is transmitted, via secure connection, directly to the Customer’s bank or credit institution that manages the transaction. Therefore, Yspot will not store such data in its computer archives.
5.3 Without prejudice to the aforementioned, in the context of the fight against Internet fraud, information regarding the Order may be transmitted to third parties authorised by law or designated by Yspot for the sole purpose of verifying the Customer’s identity, the validity of the Order, the method of payment used and the place of delivery.
5.4 Yspot also reserves the right to request a photocopy of the Customer’s ID for each payment made by credit card, and/or any other information relating to the identity of the Customer that is necessary for identification and age verification, in order to guarantee the security and the success of all transactions made through the Website.
Article 6: Right of Withdrawal
6.1 Pursuant to article 52 and following of Legislative Decree no. 206/2005 (hereinafter, the “Consumer Code”), the Customer, in his/her capacity as consumer, has the right to withdraw from the purchase contract of the Products without providing any reason and without paying any penalty (hereinafter, the “Withdrawal”), without prejudice to the conditions listed below.
6.2 The right of Withdrawal lapses after 14 (fourteen) days from the day on which the Customer or a Third Party – other than the carrier and designated by the Customer – receives and acquires physical possession of the Product.
6.3 To exercise the right of Withdrawal, the Customer must send a written communication to Yspot containing the notification of his/her decision to withdraw, within the abovementioned terms set out in article 6.2. This notification must be sent to the e-mail address firstname.lastname@example.org.
6.4 Once the Withdrawal notice has been received, Yspot will provide the Customer via e-mail with all the instructions on how to return the Product.
6.5 The Customer shall send, using a carrier of his choice, within 14 (fourteen) days from the date of receipt of the abovementioned notification as provided for by article 6.4, the purchased Products to the address indicated in the e-mail sent by Yspot.
6.6 It is understood that, pursuant to article 57, section I of the Consumer Code, the costs and risks associated with returning the Products are at the Customer’s expense.
6.7 Without prejudice to the foregoing, the right of Withdrawal is subject to the following conditions:
- the Product must be returned intact, in its entirety and completeness, in its original packaging and accompanied by all its accessories;
- the use of labels or adhesive tapes directly on the original packaging of the Product must be avoided;
- the Customer is entirely in charge of the return shipping costs of the Product.
6.8 The Customer forfeits the right of withdrawal if the conditions set out in article 6.7 are not met.
6.9 The right of withdrawal is excluded, pursuant to article 59 letters c) and e) of the Consumer Code, in the case of customised, personalised or sealed goods that are not suitable to be returned for hygiene or health reasons. Therefore, Yspot reserves the right not to refund the Products, if the seal on the packaging of the Product has been opened and/or tampered with in any way, or if the Product has been used in any way, in order to guarantee the customers’ health and hygiene conditions.
6.10 Without prejudice to what stated in article 6.9 above, Yspot will refund and re-credit the full purchase amount to the Customer – excluding the Shipping Costs – within 14 days from the date of receipt of the returned Product.
Article 7: Warranty and Return Policy
7.1 All Products sold by Yspot.co are subject to the 24-month legal warranty of conformity (hereinafter, the “Warranty”).
7.2 The Warranty applies to a Product that lacks conformity, provided that the Product itself is used correctly, in compliance with its intended use and according to what described in the Product User Manual (as defined below).
7.3 To benefit from the Warranty, the Customer shall:
- save the Order Confirmation E-mail and/or, if required, the Invoice;
- submit a request to Yspot within 2 months from the discovery of the defect, by sending an e-mail in the ways described by article 14 below.
7.4 Once the request has been received, Yspot will send an e-mail to the Customer, containing:
- a request confirming that the Customer intends to benefit from the Warranty;
- some indications regarding how to return the Product.
7.5 After receiving the indication referred to in article 7.4, section (ii) above, the Customer will return the Product to Yspot; in this case, the shipping costs for the re-delivery are paid by Yspot.
7.6 In case of ascertained lack of conformity, Yspot will, with no expense for the Customer whatsoever, restore the conformity of the Product by repairing or replacing it.
7.7 In the event that, for any reason, it is not possible to repair or replace the Product under Warranty, Yspot may, at the request of the Customer:
- proceed with the refund of the Price;
- replace it with another Product.
7.8 In the event that Yspot does not find the lack of conformity of the Product, and/or if the Product is not covered by Warranty, Yspot may proceed – upon notification to the Customer – to charge the Customer for any verification and restoration costs, as well as for shipping costs, if incurred by Yspot.
7.9 The Warranty does not apply in the event of:
- aesthetic deterioration caused by wear and use of the Product;
- incorrect, improper and/or contrary uses to those indicated in the User Manual;
- any alteration, repair, tampering with the Product.
Article 8: Product User Manual and Methods of Use
8.1 The Customer shall use the Product by accurately following the instructions, the procedures and the warnings contained in the Product user manual (hereinafter, the “User Manual”).
8.2 Yspot cannot be held responsible for any and all damages deriving from the Customer’s incorrect, improper or inappropriate use of the Product.
8.3 The User Manual is available and free to read on the Website, on the Shop page of each product.
Article 9: Customer Statements
9.1 The Customer states and guarantees:
- to have read and understood the General Conditions;
- to be of legal age according to the local jurisdiction, and to be able to act and sign legally binding contracts;
- to acknowledge that Yspot Products are intended for an adult-only audience, and that the use of Yspot Products is allowed only to people over the age of 18 or, in any case, over the age of majority according to their local jurisdiction.
- not to deliver, assign, loan or use the Product, on whatever basis and/or for any reason, to persons under the age of 18 or, in any case, to minors according to their local jurisdiction;
- to read the User Manual before using the Product;
- to use the Product in accordance with the procedures and the precautions described in the User Manual;
- to take on the role of consumers and, pursuant to article 3, section I, letter a) of the Consumer Code, the consumer represents the natural person who acts for purposes unrelated to any business, commercial, artisanal or professional activity that may be carried out;
- to refrain from reproducing, duplicating, copying, selling, reselling and, in any case, exploiting the Website for commercial purposes, as well as from reproducing or using in any way the Yspot trademarks and logos including, among others, the Website;
- not to publish or use false, slanderous or defamatory data;
- to refrain from any form of direct and/or indirect use of the Products and of the Website, contrary to the law or not in compliance with what stated in these General Conditions and/or on the Website;
- to refrain from entering in the Website any obscene, offensive, violent, defamatory, blasphemous, detrimental content to personal dignity, which, in particular, does not contain: racist statements praising the inferiority or superiority of a race, of a community or of a culture with respect to others or to minorities; crimes against humanity; incitement to hatred or violence; sexually explicit, pornographic or pedo-pornographic content; threats or harassment; information or messages that favour illegal activities, lead to illegal activities or that may cause injury to third parties; incitement to dangerous behaviour and to the risk of emulation by minors, to drug use or cruelty to animals; promotional and/or advertising messages, including hidden messages; images not suitable for minors;
- not to spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar cyber threats;
- not to use software or other automatic or manual tools to copy or access the pages of the Website or their contents.
9.2 Yspot disclaims all liability, and the Customer renounces to hold Yspot responsible for any and every damage deriving from the non-compliant use of the Product and/or from the violation of the obligations pursuant to article 9.1 above.
Article 10: Privacy and Confidentiality
Yspot respects and protects the privacy of its Customers by adopting every appropriate and necessary measure of protection for their personal data.
10.2 Customer’s confidentiality
Yspot respects and protects the privacy of its Customers. Therefore, the Product will be shipped to the Customer in a suitable packaging to guarantee confidentiality.
Article 11: Contractual Changes
11.1 Yspot reserves the right to modify, update or correct, at any time, these General Conditions (hereinafter, the “Modifications”).
11.2 These Modifications will be immediately valid and effective from the day of publication on the Website, and the Customer will automatically accept them. The Customer acknowledges and accepts that it will be their responsibility to periodically check for any Modification on the Website page containing the General Conditions.
Article 12: Miscellaneous
12.1 Any partial or total nullity of one or more clauses from the General Conditions will not affect the validity of the other agreements; in the event that the nullity of one or more clauses should be declared, the same will be supplemented by the statutory provisions provided for by the Consumer Code.
12.2 The Customer cannot transfer the rights and obligations arising from these General Conditions to third parties, neither as a whole nor in part.
12.3 Except as provided by article 33 letter h) of the Consumer Code, the Customer, pursuant to article 1407 of the Italian Civil Code, agrees that Yspot can assign to third parties, as a whole or in part, the rights and obligations arising from these General Conditions.
Article 13: Suspension/Termination
13.1 The Customer acknowledges and accepts that, in the event of a Customer’s violation of law, of the rights of third parties or of these General Conditions, Yspot may at its complete discretion close the Customer’s account, prevent access to the Website and/or take any other action to protect the current or potential rights and interests of Yspot.
13.2 Without prejudice to the provisions of article 13.1 above, Yspot reserves the right to decline or cancel any Order made by: (i) a Customer with whom it has a legal dispute in progress; (ii) a Customer who has previously violated these General Conditions; (iii) a Customer who has been involved in fraud of any kind and, in particular, in fraud related to credit card payments; (iv) a Customer who has provided false, incomplete or in any case incorrect data.
13.3 The access to the Website may also be temporarily suspended in the event of technical problems or in order to guarantee its maintenance. These interruptions will be notified on the Website in a timely manner. At any time Yspot may make improvements and/or changes to the Website if this is necessary for technical reasons or to comply with current legislation.
Article 14: Notices and Complaints
14.1 All complaints and communications between the Customer and Yspot, including those related and/or dependent on these General Conditions, shall be sent exclusively via e-mail to the following addresses:
(i) for Ypspot:
– e-mail address: email@example.com
(ii) for the Customer:
– e-mail address: the one used when checking out on the Website.
Article 15: Law and Jurisdiction
15.1 The General Conditions are fully regulated by Italian law.
15.2 For any other matters not specifically provided for in the General Conditions, please refer to the Italian Civil Code, insofar as compatible and applicable.
15.3 Without prejudice to what said in the Consumer Code regarding the protection of consumers and the Code of Civil Procedure on Jurisdiction (the so-called “Consumer Jurisdiction”), in the event of a dispute deriving from the interpretation, validity and execution of these General Conditions, or in the event of subordinate and/or connected disputes, the Court of Milan has exclusive jurisdiction.