Terms of service
1. INTRODUCTION
The following provisions regulate the commercial relationships between Yda di Optima Molliter and users of the e-commerce www.yda.it resident in Italy for the purchase and sale of products offered through the e-commerce. Any contractual conditions proposed by the User and in derogation of the following General Conditions will not be applicable, unless Optima Molliter has expressly accepted them in writing. The relevant provisions of the Legislative Decree also apply. 206/2005, “Consumer Code”, pursuant to article 7 of law 29 July 2003, n. 229", hereinafter for brevity "Consumer Code".
The information contained in this website is subject to change by Optima Molliter and contains only general information for the use and consumption of the User. Yda by Optima Molliter e-commerce uses cookies to monitor user preferences. The privacy document and cookie policy contain more information on the use of cookies. Neither Optima Molliter nor any third party guarantee the accuracy, completeness or updating of the information and material contained in the website. The User acknowledges and accepts that the information and material contained in this website may contain inaccuracies and/or errors and, in this regard and to the extent permitted by applicable law, any liability of Optima Molliter for such inaccuracies and /or errors.
The use by the User of the information contained in this website is the sole responsibility of the User and Optima Molliter will in no case be responsible for the use made by the User of such information. Furthermore, the User has the burden of verifying that the services and products offered within the E-Commerce are actually compliant and adequate to the User's needs, without this leading to any liability on the part of Optima Molliter.
This website contains material which is the property of Optima Molliter or which Optima Molliter uses under a specific licence. This material includes, by way of example and is not limited to, the design, graphics and final appearance of the website and is protected by copyright and/or other intellectual property rights. Reproduction of the site is therefore prohibited.
Unauthorized use of this website may give rise to claims for compensation for damages and/or constitute a criminal offence. This website may contain links to external websites. These links are provided solely for the convenience of the User in order to provide the User with further information. Optima Molliter assumes no responsibility for the content of external websites linked to its website www.yda.it. The mere inclusion of links does not imply recognition or approval by Optima Molliter of the linked sites or their contents, for which the operators of the linked sites remain solely responsible.
2. RIGHT OF WITHDRAWAL
The mere use of E-commerce by the User is not sufficient for the purposes of concluding the contract between the User and Optima Molliter YDA and therefore does not give rise to any claim of a contractual or non-contractual nature against Optima Molliter. The User can register on the website by indicating a "username" and "password". The registration of the User's data occurs for the sole purpose of Optima Molliter managing the purchase procedure and the related payment and does not constitute a final act of contact. To register correctly, you must indicate a "username" and a password. The User cannot enter false, and/or invented, and/or imaginary data in the registration procedure prior to using the E-commerce.
The User assumes responsibility deriving from any activity carried out, including by third parties, through the use of their Access Codes and has the obligation to promptly notify Optima Molliter of any violation or theft of their Access Codes by third parties .
The display of e-commerce Products does not constitute a contractual proposal from Optima Molliter but a mere invitation to propose. The order sent by the User constitutes a contractual purchase proposal. After receiving the Order from the User, Optima Molliter will send a communication via e-mail to the address indicated by the User, confirming receipt of the Order and specifying the details of the Order itself. This Order Receipt Confirmation does not constitute acceptance of the User's Order, but has the sole purpose of informing the User that Optima Molliter has correctly received the Order. The sales contract between the User and Optima Molliter Yda is concluded only when Optima Molliter communicates to the User via e-mail that the Order has been accepted and that the Product has been shipped.
3. CONSEQUENCES OF WITHDRAWAL
Where the right of withdrawal is validly exercised by the User, Optima Molliter will refund the User the price paid within 10 (ten) days of withdrawal. The deadline starts from the date of receipt of the notice of withdrawal. The Products must be returned by postal parcel. If the Products are not returned, in whole or in part, or are damaged, Optima Molliter Yda is entitled to ask the User for the damages suffered.
4. PAYMENT METHODS, PRICES AND SHIPPING COSTS
The prices shown on the E-commerce site include VAT. The final price is the one indicated at the time the order was placed. The amount of VAT is specified separately in the accompanying invoice which is sent together with the Product.
Shipping costs are borne by the User within the terms indicated in the E-commerce. The Product is delivered exclusively within Italian territory and it is not possible to make deliveries to a post office box address. As highlighted in section I of these General Conditions, the presentation of the Products in E-commerce is aimed exclusively at Users resident in the territory of the Italian Republic who indicate a delivery address within this territory. Users residing outside the Italian territory must access the E-commerce through the specific section reserved for the country of their residence.
Payment for the Order must be made using the methods made available in the online store.
If you buy with Klarna you receive your order immediately and pay in 3 instalments. You acknowledge that the installments will be assigned to Incremento, related parties and their assignees, and that you authorize such assignment.
5. RETENTION OF TITLE
Until full payment of the price and any further credit of Optima Molliter towards the User, the delivered Product remains the property of Optima Molliter and the User will not be able to dispose of or use it.
6. LIABILITY FOR DEFECTS
1. Where the User believes that the Product does not comply with the Contract or is affected by defects, he must promptly notify this via the appropriate return form (found inside the package) specifying the Product object of dispute and the defects or the discrepancies found. The disputed Product must be returned to Optima Molliter together with the return form.
2. Optima Molliter will examine the Disputed Product and communicate via email to the User whether or not he is entitled to a refund of the price or replacement of the Product. The refund or replacement will take place within 15 (fifteen) days of the email notice with which Optima Molliter communicates to the User that he is entitled to a refund or replacement of the Product.
3. Optima Molliter is not responsible for defects in the Products that have been caused by delivery by third parties, except in the case referred to in Article VII.
4. Optima Molliter is not responsible for damages resulting from improper use of the Product, alteration of the same, normal wear and tear or negligence in the care of the Product.
5. The foregoing in numbers 1, 2, 3 and 4 must not be considered as prejudicial to the User's rights as provided for by applicable laws.
7. FINAL PROVISIONS
1. Without prejudice to the limits established by law, any claim by the User due to breach of contractual obligations and/or other obligations by Optima Molliter is excluded in the event of force majeure events, such as, but not limited to, , mobilization, war, revolt and similar events such as fire, accidents, strike, blockade or export restrictions or other events in any case not attributable to Optima Molliter.
2. Failure by Optima Molliter to exercise the rights deriving from these general conditions does not imply a waiver of such rights and does not compromise Optima Molliter's right to exercise such rights subsequently. The User is therefore not relieved from his commitments to punctually and fully fulfill his obligations set out in these General Conditions.
3. Disputes arising from these General Conditions are subject to the jurisdiction of the courts of the User's place of residence or, at the User's choice or on his initiative, to the jurisdiction of the Court of Macerata. If the User, contrary to his declarations during the order process, is not resident in the Italian Republic or if, after the conclusion of the contract, he moves his residence outside the Italian territory, or in the event that at the time of 'establishment of legal action against Optima Molliter, the exact residence is unknown, the competent court for any dispute arising out of or in connection with these General Conditions is Macerata.
4. These General Conditions of Sale are governed by Italian law, including the Consumer Code and the E-Commerce law referred to in Legislative Decree 9 April 2003, n. 70 which transposes Directive 2000/31/EC. In any case, without prejudice to the rights provided for by the necessary application rules, provided for by the law of the User's country of residence.
5. The nullity or ineffectiveness of one of these clauses will not lead to the nullity or ineffectiveness of the General Conditions of Sale as a whole which will therefore continue to be fully effective and binding. The parties undertake to negotiate in good faith and to replace the null or ineffective clauses with clauses not affected by nullity or ineffectiveness and whose content complies with the previous one.
6. Modifications and additions to these General Contract Conditions must be made in writing; communications and any declaration relating to the contractual relationship must be made in writing and sent to the Optima Molliter address as indicated above and to the User's address indicated for delivery of the Products.