Condizioni generali di vendita

Seller identification

The website yamamotonutrition.com is owned by IAF Network S.p.A., with capital of 200,000.00 euros, registered office in Via Flero 46 Torre sud - 25125 Brescia - Italy.

Article 1 - Application of the general conditions of sale

These General Terms and Conditions of Sale do not regulate the B2B business relationships of IAF Network S.p.A. The General Conditions of Sale reserved for the B2B sales channel can be found here [create redirect link].
 The confirmation of the order implies for the Customer the acceptance of these general conditions.

IAF Network S.p.A. reserves the right to amend these General Terms and Conditions of Sale at any time by posting a new version on this website. The applicable General Terms and Conditions of Sale are those published on this website at the time the order is placed. We therefore recommend that you review these General Terms and Conditions of Sale periodically as they may be amended over time.

Article 2 - Validity of Offers

The items visible on the site are available while stocks last.

Product availability refers to the actual availability at the time the Customer places the order. Therefore, it is to be considered purely indicative since, given the simultaneous presence on the site of several users, the chosen products could be sold to other Customers before the confirmation of the order.
 In the event that a product turns out to be out of stock after the purchase, in the case of prepayment YAMAMOTONUTRITION undertakes to offer a voucher or refund the Customer within 15 days.

Article 3 - Presentation of Products

 The products for sale are described and presented as accurately as possible
 in the event of errors or omissions in such presentation, YAMAMOTONUTRITION declines any responsibility, for this reason and for the safety of consumers:
 Please note that product images are purely indicative and illustrative; packaging may vary without affecting the properties of the product

Customers are urged to check the correspondence with the information given online before opening the package; if they find any differences, please contact Customer Service promptly.

All catalog products are stored in our temperature-controlled warehouses.

During the summer period (May-September), the bars are shipped in special thermal packs.

However, our couriers do not ship in refrigerated vehicles; therefore, such heat-sensitive products may deteriorate during transport.

IAF NETWORK S.p.A. will not be responsible for such events.

Article 4 - Product

Prices Prices are presented in the current currency of the country selected during registration.

The VAT amount appears when the customer selects the product.

In case of changes in VAT rates, such changes may affect the final price of the items without the need to notify the Customer.
 YAMAMOTONUTRITION reserves the right to change its prices at any time; however, products will be invoiced at the price in effect at the time the order is registered.

Article 5 - Non-EU Countries

Prices for non-EU countries are shown excluding VAT.

Direct shipment to countries outside the EU it may be subject to any taxes or customs duties that are not the will of YAMAMOTO NUTRITION, but rather external entities.

Also, please note that duties/taxes and/or necessary documentation associated with the delivery of a shipment are totally the responsibility of the customer, as he/she is considered to be the official importer, resulting in acceptance of the laws and rules in force in the country of importation (country where you will receive the goods).

YAMAMOTO NUTRITION is not required to verify customs fees, applicable taxes, or any documentation that may be required.

Customs reserves the right to inspect parcels without prior notice nor prior notification to the sender and/or consignee.

Article 6 - Order

The Customer validates the order through the instructions presented on the shopping cart page. Validation of the order implies acceptance of these general conditions of sale.

After confirmation of the order, the Customer will receive a confirmation e-mail to the e-mail address indicated.

Article 7 - Use of discount codes and store credits

On the summary page of your shopping cart you can enter any active discount codes, received via newsletters or displayed in our social networks, to obtain additional discounts.

Store credits are, on the other hand, credited by Customer Service in agreement with the customer following any misunderstandings.

If you have store credit, to take advantage of it, simply place the products you want in your shopping cart, it will automatically deduct from your order total.

Article 8 - Treatment of packages not delivered by our courier

This refers to packages that were not delivered to the final consignee and were returned to the sender.

●                  Cause  of package return: unknown consignee or nonexistent/incomplete        address

 

These are the packages that were not delivered to the recipient because there is a discrepancy between the address or call sign entered in the order and the real one.

In this case, you should verify the delivery data you entered and, if necessary, correct it in your account so as to facilitate subsequent deliveries.

If different from the recipient's call sign, it is important to specify the call sign on the intercom and, if it is a business, indicate it.

YAMAMOTO NUTRITION reserves the right to proceed with a refund, if due, within approximately 10/15 from the return of the shipment, a timeframe that may vary depending on the technical and logistical timing of the warehouse.

●                  Cause  of return of the parcel: "ABSENT / NOTIFIED"

 

These are the packages that were not delivered to the recipient because the recipient was absent in all delivery attempts.

YAMAMOTO NUTRITION reserves the right to proceed with a refund, if due, within approximately 10/15 from the return of the shipment, a timeframe that may vary depending on the technical and logistical timing of the warehouse.

- Cause for return of the package: "REFUSED"

These are the packages that were not delivered to the recipient because the recipient refused them.

YAMAMOTO NUTRITION reserves the right to proceed with a refund, if due, within approximately 10/15 from the return of the shipment, a timeframe that may vary depending on the technical and logistical timing of the warehouse.

- Cause of return of neck: "DAMAGED"

These are the packages that were not delivered to the recipient because the recipient rejected them as damaged.

In this case you must inform our Customer Service Department specifying whether you would prefer to receive a refund, if due, or reshipment of the products, if available.

If, on the other hand, you wish to receive the shipment damaged, you must accept the package by making sure that the courier makes the specific reservation, i.e. "damaged/wet package" etc., and take photographs of the package and products to forward to our Customer Service Department.

This procedure is required to make sure that the anomaly/damage file is opened correctly.

Article 9 - Liability

On all stages of access to the site, consultation, filling out forms, order execution, delivery of items or on any other service, the company IAF Network S.p.A. assumes only an obligation of intermediation. Therefore, IAF Network S.p.A. disclaims any responsibility for inconveniences or damages derived from the use of the Internet and totally unrelated to the obligations and precautions taken by IAF Network S.p.A. and cannot be held responsible for any errors on the Site. In particular, all contingencies related to the provision of the service, external intrusions or the presence of computer viruses will not be attributable to IAF Network S.p.A.

Likewise, IAF Network S.p.A. shall not be held responsible for interruptions, delays or unavailability of the website due to maintenance work, Internet network interruptions, technical failures, force majeure, actions of third parties or other circumstances of any kind.

Force majeure

IAF Network S.p.A. shall not be liable in any way for failures or delays in the performance of any of its contractual obligations caused by events that are beyond its reasonable control ("Force Majeure Events").

Force Majeure Events means any act, event, failure to occur, omission, or accident beyond reasonable control; this expression includes but is not limited to the following:

1. Strikes, lockouts or other labor unrest.

2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared and undeclared), or threats of war.

3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics, or other natural disasters.

4. Inability to use railways, shipping by sea, air, motor transport, or other means of public or private transportation.

5. Inability to use public or private telecommunications networks.

6. Acts, decrees, laws, regulations or restrictions of any government.

7. Any strike, disaster, or accident by sea, mail, or other major means of transportation.

It is understood that the performance of contractual obligations will remain suspended for the duration of the Force Majeure Events. IAF Network S.p.A. will be granted an extension for performance equal to the duration of this period.

Article 10 - Guarantees

The provisions of this article shall apply exclusively to Customers who have the status of consumer within the meaning of Article 3, 1st paragraph, letter a), Consumer Code. IAF Network S.p.A. undertakes to sell to the Customer its products marketed in accordance with the purchase order transmitted by the latter, it being understood that there is no lack of conformity if at the time of receipt by the Customer of confirmation of the order, the Customer was aware of such defect or could not ignore it using ordinary diligence or if the lack of conformity derives from instructions or materials provided by the Customer. In the event of conformity defects found in the products purchased from IAF Network S.p.A., the Customer must contact Customer Service immediately and in writing - and in any case within 60 days - in the manner indicated in point 15, in order to report the conformity defect found, providing Customer Service with documentary evidence (by which is meant also photographic surveys) of the conformity defect found. IAF Network S.p.A.-in compliance with legal and warranty obligations-will proceed with verification of the truthfulness of the purchaser's statements. Upon ascertainment of the defect, the Customer has the right, at its option and within the limits of the provisions of the Consumer Code, to the restoration, without charge, of the conformity of the Products by repair or replacement, or to an appropriate price reduction. It is also recognized that the Customer, as an alternative to the remedies described herein, has the right to request from the Seller the issuance of a voucher of an amount equal to that of the Products purchased non-conforming and of the validity that the Customer can use for Nutrii subsequent purchases made through the site of IAF Network S.p.A. Repair or replacement of the product will take place within 30 days of receipt of the defective product. To this end, the Customer may use the model withdrawal form (downloadable by clicking here[create redirection link]); the Customer, in the attached form, must imperatively indicate one of the following reasons given for the return: product not conforming to what was ordered; damaged product; defective/not correctly functioning product; product arrived in addition to what was ordered; product with missing parts; other causes. The products marketed by IAF Network S.p.A. are covered by the legal warranty of 24 months from delivery if used by the Customer in accordance with the indications given on the Product Sheets; it remains understood that the Customer shall forfeit the rights referred to in this Article if he/she does not report the conformity defect to the Seller within the term of 2 months.

Application of warranty

Consumers can enforce their legal warranty rights by contacting YAMAMOTONUTRITION directly.

In case of conformity defect you should contact YAMAMOTONUTRITION at: info@yamamotonutrition.com

Article 11 - Deliveries

The indication of the order processing time is not binding for IAF Network S.p.A. but absolutely indicative. The Customer receives information at the beginning of the order process, and before the validation of the order, on the estimated delivery time.

Each package shipped will be delivered by courier to the address indicated by the Customer. It is therefore essential to take care to accurately fill out the shipping form by entering the recipient's data in a unique manner. The Invoice must be requested at the same time as the order by flagging the appropriate wording during purchase and will be available on the Customer's tax drawer. For the protection of the consumer, as prescribed by art. 63 Cod. Cons., as amended by Legislative Decree 21/2014, it is recalled that in contracts that place on the professional the obligation to provide for the shipment of goods, the risk of loss or damage of goods, for reasons not attributable to the seller, is transferred to the consumer only at the time when the latter, or a third party designated by him and different from the carrier, materially takes possession of the goods.

Delivery times are calculated in working days and are relative to the courier delivery time, net of order preparation time.

Generally, except for delays that cannot be attributed to IAF Network S.p.A. itself, to which reference is made in Article 9 of these General Terms and Conditions of Sale, orders are processed within 1-2 business days from the time of order confirmation[2] .

There may, however, be cases where the indicated delivery time is delayed by a few hours due to technical/logistical needs.In case of delayed delivery, contact Customer Service at info@yamamotonutrition.com.

Article 12 - Complimentary Products

 Compliments included in the order are subject to availability and may be removed in the event that they are out of stock during pickup.

For free products, there is no option to request an exchange.

Article 13 - Last Minute

Last Minute items are short expiration products sold at an advantageous price
 In view of the short expiration date, indicated in bold as for all products in the catalog, and the special product price conditions YAMAMOTONUTRITION reserves the right not to accept returns, exchanges or anomalies on these specific products.

Article 14 - Intellectual Property

All elements of the YAMAMOTONUTRITION website, whether visual or aural[3] , including the technology that supports them, are protected by copyright, trademark or patent law.

You acknowledge and agree that all copyrights, trademarks, and any other intellectual property rights in the materials and content on the site are the exclusive property of YAMAMOTONUTRITION and that YAMOTONUTRITION does not grant any license to use them with the purchase of the products.

All hyperlinks that refer to the YAMAMOTONUTRITION site and that specifically use framing, deep-linking, in-line linking, or other direct linking techniques are strictly and formally prohibited.[4]

Without exception, all connections, though tacitly authorized, shall be withdrawn upon request of YAMAMOTONUTRITION.

Article 15 - Named Data

YAMAMOTONUTRITION, for service needs, reserves the right to collect named data related to users of the site.

In addition, YAMAMOTONUTRITION reserves the right to transfer, for commercial purposes, the data collected on its site.[5]

In any case, and in accordance with the Law, all users or customers of the site may at any time object to the commercial use of their data and also avail themselves of the right to access, rectify and delete their personal data.

Article 16 - Returns and Refunds
Articles 52 et seq. of Legislative Decree 206/2005 (Consumer Code).
Right of withdrawal

You have the right to withdraw from the contract, without giving reasons, within 14 days.

The withdrawal period expires after 14 days from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the goods.

To exercise the right of withdrawal, you are required to inform us:

Administrative headquarters

IAF NETWORK S.p.A.

VIA FLERO 46 SOUTH TOWER

25125 BRESCIA ITALY

VAT 02424060982

email: info@yamamotonutrition.com

of your decision to withdraw from this contract by an explicit statement (e.g., by e-mail to info@yamamotonutrition.com). You may use the attached model withdrawal form for this purpose (download form), but it is not mandatory.

It can also electronically send any other explicit statement to info@yamamotonutrition.com

The notice must specify the items you intend to return and whether you want a replacement or refund.

Should you choose said option, we will promptly send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g., by e-mail).
 To comply with the withdrawal period, it is sufficient for you to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period
 The Right of Withdrawal does not apply to users who are not purchasing as consumers (retailers).

Effects of withdrawal

If you withdraw from this contract, you will be refunded all payments you have made to us, including delivery costs (except for additional costs resulting from your possible choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day we are informed of your decision to withdraw from this contract.

Such refunds will be made using the same means of payment you used for the initial transaction, unless you have expressly agreed to other means of refund; in any case, you will not incur any costs as a consequence of such a refund.

Refunds may be suspended until receipt of the goods or until the consumer demonstrates that he or she has returned the goods, whichever is earlier.

If the consumer has received the contracted goods, he/she is requested to return the goods to us

Logistics Headquarters

IAF NETWORK S.p.A.

MARCO POLO AVENUE 3

25030 COCCAGLIO (BS) ITALY

VAT 02424060982

email: info@yamamotonutrition.com

without undue delay and in any case within 14 days from the day you notify us of your withdrawal from this contract. The deadline is met if you return the goods before the expiration of the 14-day period.

You will be responsible for the direct cost of returning the goods.

You are responsible only for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics, and operation of the goods.

Exclusions

According to Article 59 of the Consumer Code (Legislative Decree No. 206 of September 6, 2005), withdrawal is excluded for the following items:

- custom-made, personalized goods

- Goods that are likely to deteriorate or expire quickly, such as organic food with a short shelf life or products sold on offer for short shelf life

- Perishable goods if opened from their original packaging, and where applicable the warranty seal has been removed

According to Article 47 of the Consumer Code (as amended by Article 1, c. 1, Legislative Decree No. 21 of February 21, 2014, effective June 13, 2014.), withdrawal is also excluded for the following items:

- complimentary products

- drugs, homeopathic medicines and medical devices[SN6].

Article 17 - Applicable Law - Dispute

The Parties agree that these general conditions of sale are subject to Italian law. The language to be considered for this contract is Italian.

In the event of a dispute, the parties agree to seek an amicable settlement before taking any legal action.

Any disputes arising out of or relating to the use of the Site or these Terms shall be subject to the exclusive jurisdiction of the courts of the Customer's place of residence or domicile.

Article 18 - Mediation of consumer disputes

Legislative Decree No. 130 of August 6, 2015, which transposed Directive 2013/11/EU of the European Parliament of May 21, 2013, on the out-of-court settlement of consumer disputes, allows consumers the option of turning to the mediation tool to facilitate the amicable resolution of disputes with a professional in connection with a sale made by yamamotonutrition.com

Likewise, Article 14 co.2 of EU Reg. 524/13 provides that: "Traders established in the Union, acting through online sales or service contracts, who have committed or are obliged to use one or more ADR entities to resolve disputes with consumers, shall inform consumers about the existence of the ODR platform and the possibility of using the ODR platform to resolve their disputes. They shall provide an electronic link to the ODR platform on their websites."

Therefore, for any dispute that has not been resolved directly with the Company, the Client is informed that he/she can have free recourse to the mediation service established by the European Commission, through the European online dispute resolution platform.

Website address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT

Before turning to the above mediation service, the consumer must have already attempted to resolve the dispute directly with the trader through a written complaint or have filed a complaint under the terms of the contract with the trader.

Missing a "Affiliated entities" section, as pointed out by Antony, insert paragraph: "For affiliated entities, please refer to the following page: link affiliated conditions"

Working days, so instead of 24-48 hours it would be better to write "1-2 working days"

Shall we add "textual" as well?

I would leave users free to link for SEO purposes, then revise text to that effect

Is this formally correct? Without explicit permission, we cannot give away any customer data for commercial purposes. It should also be specified to whom they are shared and for what purpose

Right of withdrawal

From the day of delivery of the goods, the customer has a period of fourteen (14) days to withdraw from the contract, without having to provide any reasons.

After these fourteen days have passed, the withdrawal period expires and cannot be renewed.

The right of withdrawal is exercised by sending within the period of fourteen (14) days an explicit written notice to the e-mail address info@yamamotonutrition.com, indicating the order code and the product(s) you wish to return, specifying whether you would prefer a refund or replacement (in the case of clothing).

For this purpose, you may attach the model withdrawal form (download form) to the communication, but it is not mandatory.

Following such communication, we will send you an acknowledgement of receipt of your withdrawal request as soon as possible, along with a return number to place on your package; if you do not receive it, please contact us again.
 The Right of Withdrawal does not apply to users purchasing as resellers.

Effects of withdrawal

Within fourteen days after receiving the confirmation, it can proceed to reship the goods to the address of our logistics center:

IAF NETWORK S.p.A.

MARCO POLO AVENUE 3

25030 COCCAGLIO (BS)

ITALY

The direct cost of returning the goods is the responsibility of the customer; therefore, they can rely on the courier company of their choice and are not obliged to use the original box.

Returned products must meet the following conditions:

Dietary supplements: intact, well preserved, unopened and complete with seal

clothing: tag attached to the garment

In the event that these conditions are not met YAMAMOTO NUTRITION reserves the right not to accept the return and to send the goods back to the customer by informing them by e-mail.

The customer is required to keep the tracking that will be assigned to him by the chosen courier so that, if necessary, he can check the progress of the shipment and provide more details.

No refunds will be made for returned packages that are not properly delivered to our address and for which, upon request, proof of delivery is not provided.

Once the returned package is received, the goods will be verified as quickly as possible and a refund will be made to the same payment method you used in the initial transaction.

In the event that an item of clothing has been returned and an exchange for another size and/or color is desired, it will be returned at Yamamoto Nutrition's expense to the original order address.

There is no replacement with a different model than the one purchased.
 In the event that the desired replacement is unavailable it will be refunded or a store credit of the same amount will be credited to your account, should you prefer it.

If the stated terms and conditions are not met, the customer will not be entitled to a refund or replacement of the item, which will be sent back to the customer's original order address, which will be informed by e-mail.

Exclusions

According to Article 59 of the Consumer Code (Legislative Decree September 6, 2005, No. 206), withdrawal is excluded for the following items:

- custom-made, personalized goods

- Goods that are likely to deteriorate or expire quickly, such as organic food with a short shelf life or products sold on offer for short shelf life

- Perishable goods if opened from their original packaging, and where applicable the warranty seal has been removed

According to Article 47 of the Consumer Code (as amended by Article 1, c. 1, Legislative Decree No. 21 of February 21, 2014, effective June 13, 2014.), withdrawal is also excluded for the following items:

- complimentary products

- drugs, homeopathic medicines and medical devices

Brescia, or look up the consumer forum what does it say

So: do we keep or take away?

Mediation is mandatory or optional in consumer law matters

Pursuant to Art. 14 EU Reg. 524/13 co.2 : "Traders established in the Union, acting through contracts of sale or online services, who have committed or are required to use one or more ADR entities to resolve disputes with consumers, shall inform consumers about the existence of the ODR platform and the possibility of using the ODR platform to resolve their disputes. They shall provide an electronic link to the ODR platform on their websites."