Terms of Services Youmody
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Terms & Conditions

INTRODUCTION


The Terms and Conditions of Use stated herein govern the contractual agreement established between Youmody S.r.l. with headquarters registered in Via E. Petrolini, 8/10, Florence; Codice Fiscale and Partita IVA 06438860485 (hereafter known as 'Youmody'), and clients that make purchases through the website accessible at the address www.youmody.com (hereafter known as the 'Website').


1. DEFINITIONS

In addition to the definitions included in the Introduction, the conditions stated herein include the following expressions (without distinction between singular and plural, or masculine and feminine forms), which signify the definitions as indicated beside each:

a) 'Consumer Code' refers to Legislative Decree 6th of September 2005 No. 206, including subsequent modifications and additions;

b) 'Client' refers to any natural person (a Consumer or Professional, in accordance with the definitions below) or legal entity that purchases Products available on the Website;

c) 'Parties' refers to Youmody and the Client;

d) 'Product' refers to the goods offered for sale on the Website that the Client may purchase remotely, by online procedures, through the Website;

e) 'Consumer' refers to any natural person who purchases Website Products acting for purposes that are outside his trade, business or profession, as indicated by Article 3 of the Consumer Code;

f) 'Professional' refers to any natural person or legal entity who is acting for purposes related to his trade, business or profession, or his intermediary, as indicated by Article 3 of the Consumer Code;

g) 'Purchase' refers to a purchase agreement with a Product as its subject, which is concluded between the Client and Youmody according to the conditions indicated herein.


2. OBJECTIVE

2.1 Through the Youmody Website, directly and in its name, Products are offered for sale selected from the best products available at commercial businesses throughout the city of Florence.

2.2 By completing the Purchase process available on the Website, the Client may submit a Purchase order through Youmody. The conclusion of each Purchase is subject to: a) the Client's prior acceptance of the conditions stated herein; b) the success of the payment of the amount due by the Client; c) confirmation by Youmody of the feasibility of customisation requested by the Client, where applicable.

2.3 The version of the conditions stated herein applicable to each Purchase is that which is in effect when the Client submits his order to Youmody through the Website.

2.4 Youmody will send a confirmation to the email address provided by the Client communicating the success of payment, and containing a summary of the Product purchased, price paid, conditions of withdrawal, and modes and conditions of delivery.


3. CLIENT INFORMATION

3.1 The following information is offered in adherence to the Consumer Code upheld by Youmody with reference to its relationship with Consumers, in compliance with Legislative Decree 9th of April 2003 No. 70. The same information is available to the Consumer via email upon request, and may also be printed from the version available on the Website.

3.2 Products are offered for sale by Youmody S.r.l., with headquarters registered in Via E. Petrolini, 8/10, Florence; Partita IVA 06438860485, R.E.A registration number FI-628518. To contact Youmody quickly and directly, in case of complaint or other requirements, the Consumer may send written communication to headquarters or make contact by the following means: Email: customercare@youmody.com, fax: +39 055 616 1230, telephone: +39 055 610 646.

3.3 Product characteristics may be viewed on the Website, within a dedicated Product profile that includes photographs and measurements. Each profile indicates the final price applicable to the Client before tax but not including contingent customs duty or similar import tariffs that may be applied in locations where Products are to be delivered.

3.4 Moreover, the aforementioned price is inclusive of shipping costs (except for the application of customs duty or similar tariffs applicable to the importation of the Product, as previously outlined), while the cost of customisation will be communicated to the Client in each individual circumstance, according to his demands.

3.5 The technical procedure used by the Client to place an order and make a payment is described in detail on the Website. In order to avoid typographical errors and make corrections accordingly, the Website provides a summary of the data entered and requests confirmation before proceeding, highlighting possible omissions in required fields in order to ensure a successful transaction.

3.6 The delivery of purchased Products will take place during the period specified at the time of Purchase, except in cases where the Client has requested customisation that requires extra time. In cases where the Product is not immediately available, Youmody reserves the right to communicate the Product dispatch date within 48 (forty-eight) hours, which will take place within 30 (thirty) days from the date of Purchase. In this case, the estimated delivery time necessary for the customisation and shipment of the Product will be provided as soon as possible, and communicated personally to the Client via email. At any time prior to the dispatch of the Product, the Client is entitled to exercise the right of withdrawal by sending written notice via registered post ('raccomandata A/R' for those posting within Italy) to the Youmody headquarters.

3.7 The Client has both English and Italian at his disposal in order to finalise the contract.


4. RIGHT OF WITHDRAWAL

4.1 The provisions of this Article are applicable only to Purchases made by the Consumer.

4.2 The Client is entitled to exercise the right of withdrawal and thereby annul the Purchase order, without penalty or needing to provide an explanation, within the time period, subject to forfeiture, 14 (fourteen) days effective from the delivery of the Product to the location indicated at the time of Purchase.

4.3 The right of withdrawal is exercised through written communication on behalf of the Client (within the period stated in the aforementioned Paragraph 4.2) to the Youmody headquarters by means of registered post with a receipt. In order to comply with the aforementioned deadlines, the date is that of the date of postage at the post office.

4.4 Following receipt of the registered letter, Youmody will communicate to the Client the process by which the Product may be returned, which is handled by the Client at the Client's expense. Within 14 (fourteen) days from the effective return of the Product, the Client will receive a refund of the Purchase price of the Product (after any additional expenses have been deducted, such as charges applied by the payment system used by the Client, where incurred at Youmody's expense), on condition that the Product is returned in pristine condition. Failing that, Youmody reserves the right to deduct an amount equal to that required in order to restore the Product to pristine condition.

4.5 The right of withdrawal cannot be exercised in relation to Products that have been customised according to Client requests, or Products that are no longer intact or have been used improperly or modified by the Client.


5. GUARANTEE

5.1 For Purchases made exclusively by a Consumer, in the event that the Product purchased fails to comply with the characteristics stated on the Website – according to Article 129 of the Consumer Code – the Client has the right to have the Product reinstated without charge, by means of repair or replacement, an appropriate price reduction or a termination of the contract within the limits cited by the Consumer Code.

5.2 It is understood that a small lack of conformity – for which the remedies of repair or return are either not possible or would be excessively costly – does not entitle the Client to terminate the contract but only entitles him to a reduction in price.

5.3 Lack of conformity, subject to forfeiture, must be declared in writing and addressed to Youmody by means of registered post ('raccomandata A/R' for those posting within Italy), within two months of the date from which the Client became aware of it, and within two years of the delivery of the Product. In order to comply with the aforementioned deadlines, the date is that of the date of postage at the post office.

5.4 It is understood that the possible defect is not considered a lack of conformity according to that provided for by the Consumer Code if, at the point of Purchase, the Client was aware of the defect, couldn't ignore it with a reasonable degree of diligence, or if the defect derives from instructions or materials supplied by the Consumer or the customisation of the Product.


6. APPLICABLE LAW AND COMPETENT COURT

6.1 These conditions have been drawn up and must be interpreted in accordance with Italian law.

6.2 The Parties agree that the application of this contract is expressly excluded from the United Nations Convention on Contracts for the International Sale of Goods.

6.3 For civil disputes arising from these conditions that relate to the Consumer, the court of the Consumer's domicile or place of residence, if located in Italy, shall have territorial jurisdiction. For all other civil disputes, Court of Florence shall have territorial jurisdiction.

6.4 There is no provision for alternative instruments or systems for the settlement of civil disputes.