Terms of Sales on www.ya-be.it internet site
The present terms of sale rule the access to the products and services offered through the www.ya-be.it internet web site (hereinafter the “Site”), including registration, navigation and purchase of products offered on the Site and/or offered remotely via the Site to Italian and foreign users. This Site is a property of WYM S.r.l. with headquarters in Castelnuovo Rangone, Montale, Via Nicola Fabrizi, 2, P. IVA: 03854740366 (hereinafter simply “YA.BE”).
YA.BE reserves the right to modify, or add to these Terms of Sale at any time in its sole discretion. Any changes to the Terms of Sale will be effective for all orders placed after the change is posted on the Website.
Only registered users can purchase on the Site. To register you must create an account by filling in the form on the Site and choosing a password.
From your reserved area you can:
1) see the order history;
2) manage your orders;
3) use the services associated with the products purchased
4) manage the subscription to the newsletter.
To register you have to accept these general conditions and the information on the processing of personal data. By registering you guarantee that the information provided during the registration process is true and complete. The authentication credentials indicated at the time of registration must be used exclusively by you and cannot be transferred to third parties. We invite you to keep these credentials confidential and ensure that no one has access to them by committing to inform us of any suspected misuse and/or unauthorized disclosure.
Order placement and purchase
All registered users can place an order in the Site to purchase the offered products.
The products offered on the Site can be purchased only by consumer users pursuant to the Consumer Code (e.g. only users who purchase for purposes not related to commercial, craft, entrepreneurial or professional activity). Any purchase for resale activity is forbidden, so resellers, wholesalers are not allowed to place orders on the site.
Orders are placed through the order form present on the Site, by clicking on the product you want to order and following the steps illustrated in the Site. All orders are subject to acceptance by YA.BE: the contract is concluded only upon receipt of confirmation of the order placed by YA.BE. The order confirmation will show information on the characteristics of the product purchased, price, method of payment chosen, shipping costs and how to use the services eventually associated with the product purchased as well as an indication of how to contact the customer service and the link to these general conditions that we suggest to you to download and archive.
Products, prices and shipping costs
Before placing an order you are required to check the characteristics of the goods described in the product data sheets at the time of selection. The products being sold are the cosmetics and boxes detailed and illustrated in the electronic catalog published on the Site and displayed at the time your order is placed.
All prices are in euros and include VAT.
Shipping costs are charged to the client based on the rates specified during the purchase process and in the order summary before proceeding to purchase and reported in the order confirmation e-mail.
Each product is described through a product sheet which illustrates its main characteristics and features. YA.BE uses reasonable effort to ensure that product and/or service descriptions are accurate and complete. However, dimensions, colors, and other descriptions are provided only for reference purposes, the images published on the Site reproduce as closely as possible the real characteristics of the products and it is understood that these images and descriptions must be considered as indicative and with tolerances of use.
Services associated with the purchased products, such as podcasts, are available directly in your personal area according to the instructions contained in the package you will receive with the product.
Only the products indicated as available in the Site at the time the order is placed can be purchased. Should it happen that the product ordered is no longer available you will be promptly informed by YA.BE and you are given the opportunity to choose (i) whether to cancel the order and get a refund of any sum already paid (ii) accept, as an alternative to the unavailable product, the delivery of an equivalent product by type, quality and price (iii) wait until the product is available.
Payment methods accepted are displayed in the Site on the checkout page (credit card via Paypal and Stripe).
In order to guarantee maximum level of security, secure payment systems are used, through the payment gateway owned by the main payment circuits or platforms (Paypal and Stripe). The confidential data associated with the payment are not in any way recorded or known by YA.BE, it is transmitted directly in encrypted form (SSL) and only the payment platform or circuit will receive specific payment data. YA.BE is not responsible for any error or other incident caused by or attributed to the payment card processor.
In case of payment through PayPal, at the time of payment you will be redirected directly to the site http://www.paypal.it/it. In case of cancellation of the order and in all cases of refund, for any reason, the amount paid will be credited to your PayPal account.
Invoice will be sent via email upon payment.
Shipping and Delivery
Deliveries will be made to the address specified in the order form by express courier from Monday to Friday (delivery on weekend and/or holidays is excluded) in ordinary office hours in the terms indicated in the order summary and in any case within thirty days from order acceptance. Shipping details and costs will be indicated in the Site before completing the purchase. In case of late delivery, please inform us as soon as possible by e-mailing us at firstname.lastname@example.org.
All our products are carefully packed in order to avoid and / or reduce accidents and damage during transport. Should you receive the package with wet, broken, tampered cardboard or with packaging obviously different from ours, we invite you to accept the package “with reserve” or not accept it in order to start a dispute with the courier. By accepting the package without reserve, you assume responsibility for the integrity of the content without possibility to claim anything from YA.BE as a refund.
In case the outer package is intact but one or more products are damaged or broken, or the products delivered do not correspond to those ordered, we invite you to immediately send an email to email@example.com specifying the anomalies found and the relevant product and order. All complaints sent later than 14 (fourteen) working days after delivery of the products will be rejected and YA.BE will not be held responsible.
In case of non-delivery due to the absence of the recipient, further delivery attempts will follow; in case all attempts should fail, you will be contacted and / or the courier will leave a notification to certify the failed delivery. The notification will show the courier contact to schedule an appointment for the delivery. In the absence of contact within 15 days, the contract will be terminated and the purchase order canceled with consequent reimbursement in case of already executed payment.
If you unsatisfied with your purchase you can exercise the right of withdrawal pursuant to and for the purposes of articles 52 and following of the Dgls 206 of 2005 within the term of fourteen days (14) days from receipt of the product, without penalty and without specifying the reason why, provided that the product is intact, with the original packaging and in conditions such as to allow its resale.
The right of withdrawal applies to the product purchased in its entirety (it will not be possible to exercise withdrawal only on part of the product purchased) and the purchased product must be intact, returned at your care and expense, in the original packaging, sealed and intact, complete in all its parts (including packaging and any documentation and accessory equipment). To limit damage to the original packaging, we recommend to put it in a second box for shipping.
To exercise the right of withdrawal, simply send an email to firstname.lastname@example.org with the following information:
- Name and surname;
- Order reference, date and number;
- Statement on the will to exercise the right of withdrawal
- Detail of items to withdraw (code and quantity);
- Bank details (IBAN and account holder) in case the order has been paid via wire transfer.
The return must be made within 14 days from receipt of the goods and must be addressed to the following address: WYM S.r.l. – Via Nicola Fabrizi, 2 Castelnuovo Rangone, fraz. Montale, 41051 Modena – Italy.
In the case exercise of the right of withdrawal in the proper terms, YA.BE will refund the total amount paid, excluding shipping costs, by crediting the same payment instrument used for the purchase or by bank transfer within 14 days from the date on which YA.BE receives the goods subject to the right of withdrawal.
In the case of late exercise of the right of withdrawal, the goods will remain at the headquarters of YA.BE, at your disposal for collection or, at YA.BE’s choice, will be returned charging the shipping costs.
YA.BE provides a 2 years warranty on products as per the Consumer Code article 128 and following articles for end users only.
YA.BE is liable to you for any lack of conformity of the product at the time of delivery and which occurs within two years from delivery. The lack of comformity must be reported to YA.BE under penalty of forfeiture within two months from the date on which it was discovered.
Lack of conformity means the purchased product is not suitable for the use for which it is intended, does not conform to the description given by the seller and does not possess the usual qualities and performances that the consumer can reasonably expect from a good of the same type.
Products under warranty are repaired or replaced free of charge. Products subject to negligence, misuse or tampering are not covered by the guarantee. In any case all the aesthetic parts, those subject to wear and all the parts for which the proper use cannot be verified are expressly excluded from the warranty.
Intellectual Property rights
All intellectual property rights, including trademarks and distinctive signs, relating to the Site, to the platform connected to it, to its structure and to all the functions present on the Site are property of YA.BE, its partners and/or suppliers and/or licensees and are subject to copyright law.
It is strictly forbidden to use, copy, reproduce, transmit, sell, license or, in any case, any use of the structure of the Site, its functionalities, trademarks and distinctive signs, metatags and hidden text for purposes other than those provided for in these general conditions.
Applicable Law and Dispute resolution
Contracts concluded between users and YA.BE are governed by the Italian law.
Without prejudice, in any case, to the user’s right to appeal to the ordinary judge, in the event of disputes between YA.BE and the user arising from the present general conditions, YA.BE informs you that you can pursue the procedure provided by the European platform online dispute resolution that can be reached at https://ec.europa.eu/consumers/odr, a platform that offers a quick and inexpensive service to resolve all commercial disputes arising from the purchase of products and / or services online.
Customer Service and Complaints
You can contact the YA.BE customer service for any information, notice, assistance request or complain, via e-mail, at the address email@example.com.
Publication date: 2nd August 2019