TERMS AND CONDITIONS
General conditions of use and sale
Date of publication on the website and entry into force: 07/08/2024.
I) GENERAL CONDITIONS OF USE
- Introduction
Welcome to the website “www.ct-designer.com“ (hereinafter the “Site”), the online store of Yolo Enterprise S.r.l., with registered office at Via San Bernardino 120, 24126 Bergamo (BG), tax code, VAT number, and Bergamo Company Register registration number 04585280162, Economic and Administrative Index (REA) no. BG – 472016 (hereinafter “YOLO”).
Access to and use of the Site are governed by these General Terms and Conditions of Use (hereinafter the “Terms and Conditions”). Access to and use of the Site, as well as the purchase of products, presupposes that you have read, understood, and accepted these Terms and Conditions and the General Terms and Conditions of Sale.
If you do not agree, in whole or in part, with the Terms and Conditions of the Site, please do not use our website.
Anyone accessing and using the Site implicitly declares that they will not use the Site for any unlawful purposes or otherwise contrary to applicable law.
YOLO may modify or simply update these Terms and Conditions, in whole or in part. Changes and updates to the Terms and Conditions will be notified to users on the Site’s Homepage as soon as they are adopted and will be binding upon publication on the Site in this section.
If any provision of these Terms and Conditions of Use is deemed unlawful, void, or for any reason unenforceable, its invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions. - Site Content
Access to and use of the Site, including viewing web pages, communicating with YOLO, downloading product information, and purchasing products on the website, constitute activities conducted by our users exclusively for personal purposes, unrelated to any commercial, entrepreneurial, or professional activity.
The Site contains hyperlinks (hereinafter “links”) to other websites that are in no way connected to the Site itself. YOLO does not control or monitor these websites or their content. YOLO cannot be held responsible for the content of these sites or the rules they adopt regarding your privacy and the processing of your personal data while browsing. Therefore, we advise you to exercise caution when connecting to these websites via links on the Site and to carefully read their respective terms of use and privacy policies.
Indeed, these General Terms of Use and the Privacy Policy do not apply to websites operated by parties other than YOLO.
The Site provides links to other websites solely to facilitate its users’ searches and navigation and to facilitate hyperlinks to other websites on the Internet. The activation of links does not imply any recommendation or endorsement by YOLO to access and navigate these websites, nor any guarantee regarding their content, services, or the goods provided and sold by them to Internet users.
- Limitation of Liability
By accessing the Site, you are solely responsible for your use of the Site and its contents. YOLO cannot be held liable for any use of the Site and its contents by any of its users that does not comply with applicable laws, without prejudice to YOLO’s liability for willful misconduct and gross negligence. Specifically, you will be solely responsible for communicating information and data that is incorrect, false, or relating to third parties without their express consent, as well as for any improper use thereof.
Finally, since all material will be downloaded or obtained through the use of the service at the user’s discretion and risk, any liability for any damage to computer systems or loss of data resulting from downloading falls on the user and cannot be attributed to YOLO. YOLO declines all responsibility for any damage resulting from the inaccessibility of the services on the Site or from any damage caused by viruses, corrupted files, errors, omissions, service interruptions, deletion of content, problems related to the network, providers, or telephone and/or computer connections, unauthorized access, data alteration, or the failure and/or malfunction of the user’s electronic equipment.
The user is responsible for the safekeeping and correct use of his/her personal information, including the credentials that allow access to reserved services, as well as for any harmful consequences or damage that may arise to YOLO or third parties as a result of the incorrect use, loss, or theft of such information.
- Privacy Policy
We remind you to carefully read the Privacy Policy to understand how the Site collects and uses your personal data and for what purposes. This Privacy Policy also applies if you access the Site and use its services but do not purchase any products. - Intellectual Property Rights
All content, in any format, published on the Site, including web pages, graphics, colors, schemes, tools, fonts, website design, diagrams, layouts, methods, processes, functions, and software included on the Site, are protected by copyright and all other intellectual property rights of YOLO and other rights holders. Reproduction of the Site and its contents, in whole or in part, in any form, without the express written consent of YOLO is prohibited.
YOLO has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any manner or form, in whole or in part, of the Site and its contents. With regard to the use of the Site, you are solely authorized to:
(i) view the website and its contents;
(ii) carry out all other temporary reproduction acts, devoid of any economic significance of their own, which are considered transitory or incidental, an integral and essential part of the very visualization of the site and its contents;
(iii) all other browsing operations on the website that are performed only for a legitimate use of the website and its contents.
Any further reproduction must be authorized from time to time by YOLO or, where applicable, by the authors of the individual works contained on the website. Such reproduction must in any case be performed for lawful purposes and in compliance with the copyright and other intellectual property rights of YOLO and the authors of the individual works contained on the website. The authors of individual works published on the Site have the right, at any time, to claim authorship of their works and to object to any distortion, mutilation, or other modification of the works themselves, including any act damaging to the works that is prejudicial to their honor or reputation. You undertake to respect the copyright of the artists who have chosen to publish their works on the Site or who have collaborated with the latter in the creation of new expressive and artistic forms intended for publication, even if not exclusively on the website, or which form an integral part thereof.
Furthermore, you are not, under any circumstances, authorized to use, in any way or form, the contents of the website and any individual work protected by copyright and any other intellectual property right.
By way of example, you may not alter or otherwise modify the content and protected works without the consent of YOLO and, where applicable, of the individual authors of the works published on the Site.
- Applicable Law
These Terms and Conditions are governed by and construed in accordance with Italian law, including, but not limited to, any dispute concerning the existence, validity, and effectiveness of the Terms and Conditions and any other agreements that refer to them.
If you are a consumer, for the legal relationships governed by these Terms and Conditions, please refer in particular to Legislative Decree No. 206 of September 6, 2005, containing the “Consumer Code,” as subsequently amended. - Information
For assistance and/or information regarding orders and shipments, refunds and returns of products purchased on the Site, suggestions, and other general information about the services provided by the Site and YOLO, you can always contact YOLO by email at ordini@ct-designer.com. For any other legal information, please see the General Terms and Conditions of Sale and the Privacy Policy. - Referral Clause
For any matters not covered by these General Terms and Conditions, please refer to the General Terms and Conditions of Sale, where applicable.
II) CONDIZIONI GENERALI DI VENDITA
Art. 1 Ambito di applicazione – Caratteristiche dei prodotti
1.1 Le presenti condizioni generali di vendita (di seguito, le Condizioni Generali di Vendita) si applicano a tutti gli acquisti di prodotti (di seguito, i Prodotti e al singolare Prodotto) eseguiti tramite il sito www.ct-designer.com (hereinafter, the Site) by users who qualify as “Consumers” pursuant to Article 1.2 below. The Site is owned and managed by Yolo Enterprise srl, Via San Bernardino 120, 24126 Bergamo (BG), tax code, VAT number and registration number in the Bergamo Companies Register no. 04585280162, REA no. BG – 47201 (hereinafter, the Seller).
1.2 Purchases of Products made through the Site will be between the Seller, on the one hand, and the person purchasing one or more Products for purposes not related to his or her entrepreneurial, commercial, artisanal or professional activity, as the purchaser pursuant to art. 3, paragraph 1, letter a) of the Consumer Code (Legislative Decree 6 September 2005, no. 206) (hereinafter the “Consumer”), on the other hand (the Seller and the Consumer will hereinafter be collectively referred to as the “Parties”).
The Site is dedicated to retail sales and, as such, is intended for the exclusive use of Consumers. Persons who are not Consumers are advised not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions will apply, but, notwithstanding their provisions:
a) the buyer will not be granted the right of withdrawal referred to in Article 7;
b) the buyer will not be able to benefit from the guarantee on the Products indicated in article 8;
c) the buyer will not be granted any other protections, provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of law;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.3 The Products are sold with the characteristics described on the Site and in accordance with the General Conditions of Sale published on the Site at the time the order is placed by the Consumer, excluding any other conditions or terms. Prices, Products for sale on the Site and/or their characteristics may be subject to change without notice. Such changes apply only to orders not yet confirmed on the date of the change. In any case, before sending the purchase order pursuant to Article 2 below, the Consumer is invited to verify the final sale price.
1.4 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective upon their publication on the Site and will apply only to sales concluded from that date. You are therefore invited to regularly access the Site and consult the most up-to-date version of the General Conditions of Sale before making any purchase.
1.5 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.
1.6 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hypertext links.
1.7 Before carrying out commercial transactions with these entities, it is necessary to verify their conditions of sale.
1.8 The Seller is not responsible for the provision of services and/or the sale of products by such parties.
1.9 The Seller does not carry out any checks and/or monitoring on the websites accessible via these links. The Seller is therefore not responsible for the contents of these sites nor for any errors and/or omissions and/or violations of law by them.
1.10 Unless otherwise agreed with the Seller, orders cannot be placed via email on the Site. The Seller does not accept orders by telephone, unless otherwise agreed with the customer.
1.11 Upon transmission of the purchase order, the Consumer accepts that confirmation of the information relating to the order placed and these General Conditions of Sale will be sent to him via email to the address declared by the same during registration on the Site or during the purchase process.
1.12 To make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.13 Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
1.14 The Consumer declares to be informed that all elements of the Site, such as trademarks, names, as well as any distinctive signs, denominations, images, photographs, written text or graphics used on the Site or relating to the Products, are the exclusive property of the Seller or third parties, without access to the Site and/or the purchase of the Products conferring any rights on the Consumer. Unless specifically permitted in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify, or sell all or part of the content of the Site.
1.15 Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site will not be accessible or viewable by unauthorized third parties.
Art. 2 Purchases on the Site – Finalization of each individual purchase contract
2.1 The presentation of the Products on the Site, which is not binding on the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not an offer to the public.
2.2 To make purchases on the Site, you must follow the procedure on the Site itself, entering the data requested from time to time. The purchase order sent by the Consumer to the Seller via the Site is considered a contractual proposal and is governed by these General Conditions of Sale, which constitute an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Consumer will be asked to carefully read these General Conditions of Sale and the information on the right of withdrawal. The Consumer’s purchase order is accepted by the Seller by sending the Consumer an order confirmation email to the email address provided to the Seller when placing the order. The email will contain a link to these Conditions, a summary of the order placed, including a detailed price, shipping costs and applicable taxes, and a description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation, and the General Conditions of Sale applicable to the relationship between the Parties will be electronically archived by the Seller in its computer systems, and the Consumer may request a copy by sending an email to the Seller at info@ct-designer.com. Each sales contract is concluded when the Consumer receives the Seller’s order confirmation by email.
2.3 The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and adding them to the appropriate virtual shopping cart. Once the Products have been selected, to purchase the Products placed in the cart, the Consumer will be asked to provide their data in order to complete the order and allow the contract to be finalized. The Consumer will view a summary of the order to be placed, the contents of which can be modified: therefore, the Consumer, after carefully reading, must expressly approve these General Conditions of Sale by checking the appropriate checkbox on the Site and finally, by clicking the “Confirm and pay” button, the Consumer will be asked to confirm their order, which will then be definitively sent to the Seller and will produce the effects described in the previous paragraph 2.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method from those available and the Consumer will be required to provide the relevant credit card or PayPal details via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal details provided by the Consumer.
2.4 The Consumer guarantees that the personal information provided when placing the order is complete and truthful and undertakes to indemnify and hold the Seller harmless from any damage, compensation obligation and/or penalty arising from and/or in any way connected to the violation of this undertaking.
2.5 The Seller reserves the right to refuse orders from users who have previously violated these General Conditions of Sale or any regulatory provision.
2.6 The Site can be accessed from anywhere in the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the countries listed in Article 6.1 below.
Art. 3 Product Availability
3.1 The Products offered on the Site are limited in number. Therefore, due to the possibility of multiple users purchasing the same Product at the same time, the ordered Product may no longer be available after the purchase order has been submitted.
3.2 If the Product ordered by the Consumer, displayed on the Site, is no longer available or on sale at the time of receipt or processing of the Consumer’s purchase order proposal, the Seller will promptly notify the Consumer of the unavailability of the Product, and in any case within 10 (ten) days from the day following the transmission of the order proposal to the Seller. If the Consumer has already paid the price for the unavailable Product, the Seller will refund the Consumer, without undue delay and in any case no later than 10 (ten) days from the notification of the unavailability of the Product, all amounts already paid using the same payment method selected by the Consumer for the previous transaction, and the sales contract will be deemed terminated.
Art. 4 Prices – Shipping Costs
4.1 The price of the Products is the one indicated on the Site at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable). They do not include shipping costs, which are calculated before the order is confirmed by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
4.2 Shipping costs for the Products are borne by the Consumer for orders less than or equal to a specific amount (indicated from time to time on the Site): for higher amounts, shipping is free.
4.3 The Consumer shall pay the Seller the total price, as reported in the order and in the order confirmation sent by email by the Seller to the Consumer.
Art. 5 Payment Methods
5.1 The Consumer expressly accepts that the execution of the contract by the Seller will begin upon crediting the price of the purchased Product(s) to the Seller’s current account.
5.2 On the Site it is possible to make purchases using the PayPal payment solution and by credit card, via the PayPal payment gateway, Apple Pay and Google Pay, via Satispay and by bank transfer.
If you choose to make purchases by credit card, you are not required to create a PayPal account.
If you choose PayPal as your payment method, you will be redirected to www.paypal.it where you will make the payment according to the procedure established and regulated by PayPal and the terms and conditions agreed upon between you and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller therefore has no access to, and does not store in any way, the payment card details linked to your PayPal account or the details of any other payment instrument connected to that account.
If paying via Satispay, the Customer is redirected to the Satispay app to authorize the transaction. The charge occurs upon payment confirmation.
The Seller does not have access to the payment data managed by Satispay, which are processed directly by the relevant payment service provider.
In caso di mancata autorizzazione del pagamento, l’ordine non verrà preso in carico.
5.3 It is not possible to pay by cash on delivery on the Site.
5.4 The Seller may allow additional payment methods, indicating them in the payments section of the Site.
Art. 6 Product Delivery
6.1 Product delivery is expected in: Italy, excluding the territories of the Vatican City State and the Republic of San Marino.
6.2 The delivery obligation is fulfilled by transferring to you the material availability or in any case the control of the Product.
6.3 The Seller undertakes to do everything within its power to comply with the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day following the day on which the Consumer placed the order. In the event of failure by the Seller to fulfill the order due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will refund any sums already paid by the Consumer for the Product pursuant to the following paragraph 6.4.
6.4 The Products ordered by the Consumer will be shipped using the method selected by the Consumer, among those available and indicated on the Site at the time the order is placed. Upon shipment, the Consumer will receive an email from the courier containing the tracking code to monitor the shipment. The Consumer undertakes to promptly check, as quickly as possible, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or any discrepancies from the order placed, according to the procedure set out in Article 8 of these Conditions. Failure to do so will result in the Products being deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives at its destination clearly damaged, the Consumer is invited to refuse delivery from the carrier/shipper or to accept delivery “with reservations.” If the packaging shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller.
6.5 With reference to the possibility of requesting delivery of the Products to a “collection point”, the Seller informs you that the Site does not offer the possibility of collecting the Product from a “collection point” other than the address you provided during the purchase process. However, you are invited to access the Site regularly to verify whether this delivery option is subsequently made available on the Site.
Art. 7 Right of Withdrawal
7.1 The Consumer is invited to carefully read this article, which governs the right of withdrawal.
7.2 Without prejudice to the exceptions set out in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded pursuant to these General Conditions of Sale, without having to provide any reason and without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last product was delivered (Withdrawal Period).
7.3 To exercise the right of withdrawal, the Consumer must inform the Seller of his or her decision to withdraw before the expiration of the Withdrawal Period. To this end, the Consumer may write to the Seller by email at ordini@ct-designer.com, or use the contact form available on the Site. The Consumer will have exercised his or her right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by the Consumer before the expiration of the Withdrawal Period. Following the above, the Consumer will receive an email confirming the exercise of the right of withdrawal, containing the instructions for returning the product, to be sent no later than 14 days from receipt of the email confirming the exercise of the right of withdrawal, to: Yolo Enterprise srl – Via San Bernardino 120, 24126 Bergamo (BG). The deadline is met if the Consumer returns the goods before the expiration of the 14-day period indicated above, including a printout of the confirmation email sent by the Seller confirming the exercise of the right of withdrawal. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Consumer.
7.4 If the right of withdrawal is applicable, the Seller will refund the Consumer all payments made, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction, unless the Consumer requests the refund using a different payment method, in which case the Consumer will be responsible for any additional costs arising from the different payment method. If the Products were shipped using a carrier chosen by the Consumer and at the Consumer’s expense, the Seller may withhold the refund until receipt of the Products or until the Consumer demonstrates having returned the Products, whichever is earlier.
7.5 The Consumer is solely responsible for any diminished value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must, in any case, be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and instruction leaflets, with identification tags, labels, and the disposable seal, if present, still attached to the Product and intact and untampered with, as well as perfectly suitable for its intended use and free from signs of wear or dirt. Furthermore, the right of withdrawal applies to the Product in its entirety. It therefore cannot be exercised in relation to parts and/or accessories of the Product. To this end, the Consumer is therefore advised not to handle the goods beyond what is strictly necessary to establish their nature, characteristics, and functioning, and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels. In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will communicate this circumstance and the resulting reduced refund amount, providing, if the refund has already been paid, the bank details for the payment of the amount owed by the Consumer due to the decrease in value of the Product. If the right of withdrawal is not exercised in accordance with the provisions of this Article 7 and applicable law, it will not result in termination of the contract and, consequently, will not give rise to any right to a refund.
Art. 8 Legal Guarantee of Conformity
8.1 Pursuant to and for the purposes of European Directive 771/2019/EC and the Consumer Code, the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Any warranty does not apply in the event of use or washing of the Product that is not in accordance with the Product’s intended use and the instructions/warnings provided by the Seller, or reported in the relevant illustrative documentation, tags, or labels. The Seller also guarantees that the product is of the quantity, quality, durability, functionality, compatibility, and safety normally found in a product of the same type.
8.2 The Consumer may report any defects or non-conformities by sending the Seller an email to ordini@ct-designer.com, specifying the defect and/or non-conformity found, as well as at least one photograph of the Product, the order confirmation sent by the Seller, and/or the receipt. Any action to assert defects not fraudulently concealed by the Seller shall, in any case, expire twenty-six months after delivery of the goods to the Consumer.
8.3 Upon receipt of the Consumer’s notification and related documentation, the Seller will assess the defects and non-conformities reported by the Consumer and, after carrying out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products, providing the Consumer with feedback via email to the address provided by the latter during the order process. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be verified after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization communication, within 14 (fourteen) days of reporting the defect or non-conformity, to the following address: Yolo Enterprise srl, Via San Bernardino 120, 24126 Bergamo (BG).
8.4 In the event of a lack of conformity of the goods, the Consumer has the right to have the goods restored to conformity through repair or replacement, or to receive a proportional price reduction, or to terminate the contract based on the conditions established by art. 135-bis et seq. of the Consumer Code. If the Seller has undertaken to refund the price paid to the Consumer, the refund will be made, where possible, using the same payment method used by the Consumer to purchase the Product or by bank transfer. It will be the Consumer’s responsibility to communicate to the Seller, again via email to the address indicated above, the bank details for making the transfer in his favor and to ensure that the Seller is in a position to refund the amount due.
8.5 The Seller is not liable for any damages of any nature whatsoever resulting from improper use of the Product and/or use that does not comply with the instructions provided by the manufacturer, nor for any damages resulting from unforeseeable circumstances or force majeure.
8.6 In the event of a purchase by a person who does not qualify as a “Consumer,” the previous paragraphs of this article do not apply and, in this case, the legal guarantee is governed by Articles 1490 et seq. of the Civil Code; in particular, the deadline for reporting any defects is 8 days from discovery, and the right to bring an action expires one year after delivery.
Art. 9 Manufacturer’s Warranty
The Manufacturer’s Warranty is a supplemental guarantee to the Legal Guarantee of Conformity provided by the Seller on the Products. Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). The Consumer may assert this warranty only against the manufacturer. The duration, scope, including territorial scope, conditions and methods of use, types of damage/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Warranty.
Art. 10 Applicable law and competent court – Out-of-court dispute resolution – Alternative Dispute Resolution/Online Dispute Resolution – European ODR Platform
10.1 Purchase contracts concluded through the Site are governed by Italian law.
10.2 The application of any more favorable and mandatory provisions established by the law of the country in which they have their habitual residence to consumer users who do not have their habitual residence in Italy remains unaffected.
10.3 Please remember that in the case of a Consumer user, any dispute relating to the application, execution and interpretation of these General Conditions of Sale shall be subject to the jurisdiction of the court of the place where the user resides or has elected domicile.
10.4 In the case of a user who cannot be classified as a “Consumer”, the Court of Bergamo shall have jurisdiction over any dispute relating to the application, execution and interpretation of this document.
10.5 The Seller informs the user who qualifies as a Consumer that, in the event that he has submitted a complaint directly to the Seller, following which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the Alternative Dispute Resolution body or bodies for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Conditions of Sale (ADR bodies), specifying whether or not he intends to avail himself of such bodies to resolve the dispute itself.
10.6 As an alternative to the provisions of paragraph 10.5 above, the Consumer also has the right to access the European platform for the online resolution of consumer disputes (so-called ODR platform). The ODR platform, available at the following address http://ec.europa.eu/consumers/odr, is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) entity that has joined it, selectable from a specific list available there. Through the ODR platform, Consumers can consult the list of ADR bodies, find the link to each of their websites, and initiate an online dispute resolution procedure. The Seller’s email address to be provided on the European ODR Platform is: info@ct-designer.com
10.7 If the conciliation attempt referred to in the previous paragraphs 10.5 or 10.6 is not accepted or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.
Art. 11 Customer Service
11.1 You may request information, send communications, request assistance, or submit complaints by contacting the Seller at the contact details provided in the contact section, or using the contact form available on the Site.
11.2 The Seller responds within an indicative time of 7 days.
Article 12 Customer Reviews
12.1 The Consumer who sends, via the specific form received via email, a review on a Product purchased through the Site:
(a) guarantees that he or she is the sole author of the review and any related content (images, videos, etc.) and that he or she holds the related rights, and acknowledges that he or she, and not Yolo Enterprise S.r.l., is responsible for the review and any related content submitted;
(b) undertakes not to submit reviews and content:
(i) false, inaccurate or misleading;
(ii) in violation of any copyright, patent, trademark or other right of any third party;
(iii) contrary to any law, statute, ordinance or regulation (including, without limitation, laws relating to consumer protection, unfair competition, anti-discrimination or false advertising);
(iv) which are, or may reasonably be considered to be, defamatory, libelous, racially or religiously offensive, threatening or harassing to any person, company or business;
(v) that includes information about other websites, home addresses, email addresses, contact information, or telephone numbers;
(vi) that contain computer viruses or other programs or files that are even potentially harmful to computers;
(c) undertakes to indemnify and hold Yolo Enterprise S.r.l. harmless from any action, claim or request for damages, of any nature and kind, including any legal fees, arising from the Consumer’s failure to comply with the declarations and undertakings indicated above and/or from his violation of laws and/or third-party rights in relation to the reviews and content submitted.
12.2 For each review sent to the Seller, the Consumer grants Yolo Enterprise S.r.l. the perpetual, irrevocable, transferable and free right and license, without territorial limits, to use, copy, modify, completely delete, adapt, publish on the Site or other channel selected by Yolo Enterprise S.r.l. (by way of example and not limited to, the official social pages of the Seller and/or the Site) and translate the review itself and its contents (images, videos, etc.), in any form and through any medium or technology and expressly authorizes Yolo Enterprise S.r.l., in the event of publication of the review on the Site or other channel selected by Yolo Enterprise S.r.l. (by way of example and not limited to, the official social pages of the Seller and/or the Site), to also use and publish the data provided by the Consumer at the time of sending the review to the Seller (name and/or surname, nickname).
12.3 All reviews and related content submitted by the Consumer to the Seller may be used and/or published on the Site or other channel selected by Yolo Enterprise S.r.l. (for example, but not limited to, the official social media pages of the Seller and/or the Site) at the Seller’s sole discretion. The Seller reserves the right to modify or delete any review on the Site or other channel selected by Yolo Enterprise S.r.l. (for example, but not limited to, the official social media pages of the Seller and/or the Site) if it believes, at its sole discretion, that the review violates the provisions of this Article 12 or any clause of the Site’s General Conditions.
Data Controller: Yolo Enterprise S.r.l., with registered office in Via San Bernardino 120, 24126 Bergamo (BG), tax code and VAT number 04558280162, email: info@yolo-enterprise.com, telephone: +39 035 1977 1014