General Conditions of Sale
These general conditions of sale (hereinafter the “General Conditions”) are intended to regulate every purchase of Y-DRY brand products (hereinafter the “Y-DRY Brand”) that will be made on the site Y-DRY.com (hereinafter the “Site”), therefore each individual user of the Site (hereinafter the “User”) is invited to read them
1) SELLING COMPANY
1.1 All purchases made by the User on the Site of Y-DRY Brand products are concluded with the company C.A.V. S.R.L. Unipersonale with headquarters in Bologna in Via Corticella 72, with the following VAT number/Tax Code 04334740372, R.E.A. 167447/1997 (hereinafter the “Company”), which is the exclusive licensee of the Site and the Y-DRY Brand.
2) CONTENTS AND LEGAL NOTES OF THE SITE
2.1 The Company has the right to modify the contents of the Site at its own discretion, such as the description of the products and the legal notes at any time without notice.
2.2 It is the User’s responsibility to check any updates to the contents and legal notes of the Site before each purchase.
3) ONLINE PURCHASE – SENDING THE ORDER
3.1 The Company specifies that the descriptions of the products and the relative price indication on the Site do not constitute any offer to the public pursuant to art. 1336 of the Civil Code, but for the purposes of concluding the relevant sales contract it is necessary to follow the procedures described in the following articles
3.2 In order to make purchases on the Site, the User must be of legal age.
3.3 To make a purchase on the site, the User must send a specific purchase order. The sales contract for the product chosen by the User will be considered concluded upon receipt by the User of a specific communication via email from the Company containing the acceptance of the order sent (hereinafter the “Acceptance”)
3.4 The Company reserves the right to refuse Acceptance of a purchase order in the following cases:
- a) the requested items are not available at the time the user sends the purchase order.
- b) the Company ascertains that there has been an error in the price indicated on the Site for the product selected by the User.
- c) the Company deems it impossible to comply with specific delivery times for the product expressly requested by the User.
4) PRICES
4.1 All prices shown are in EURO and include VAT.4.2 All prices indicated on the Site are in euros and include VAT.
4.2 If the user requests an invoice, this must be requested at the same time as the order, specifying all the tax data such as company name, address, city, VAT number, tax code, Email address.
5) PRICE ERROR
5.1 If, following the sending of the purchase order by the User, the Company finds the presence of a price error relating to the selected product, the Company will send a specific email communication to the User in which it represents the non-acceptance of the purchase order.
5.2 In this communication, the Company will also offer the User the selected product at the correct price. Following this communication, the User will have 7 days to provide, always via email, for the acceptance of the new proposal and the related payment of the price.
6) PAYMENTS
6.1 Payment can be made using one of the options on our site: Credit Card, PayPal, Bank Transfer and Satispay.
6.2 If the User selects the “Bank Transfer” payment method, he/she must make, within 3 days of Acceptance, a bank transfer in favor of the company C.A.V. S.R.L. Unipersonale to the current account identified by IBAN IT 51 O 03069 02504 100000000608 BIC BCITITMM
6.3 The Company retains ownership of the goods sold until payment for the goods is received.
6.4 If the bank transfer has not been made or the payment authorization has not been received within 3 days of acceptance, the sales contract concluded with the Acceptance between the Company and the User will be considered terminated and the Company will owe nothing to the User.
7) SHIPMENTS AND DELIVERIES
7.1 The Company declares that it uses only suitable carriers of proven reliability for its shipments, in possession of all the requirements set forth by current legislation.
7.2 The Company will notify the User of the shipment of the products subject to the purchase order via a specific email communication in which the data necessary for tracking the shipment will be provided.
7.3 Shipping costs:
CODE | COUNTRY | COST | FREE DELIVERY |
D1 | Italy | €9.90 | From €49 included |
D2 | Europe (France, Germany, Belgium, Luxembourg, Austria, Netherlands, Albania, Slovenia) | €15.90 | – |
D3 | Europa others (Croatia, Denmark, Spain, Finlandi, Sweden, Poland, Switzerland, Hungary, Great Britain, Ireland, Greece, Portugal) | €24.90 | – |
7.4 In the event of failure to arrive of the shipment within the established deadline, the Company undertakes to assist the User upon notification by the latter via email to shoponline@y-dry.com or to the telephone number +39-334-9273188 from 9.30-13.00 and from 14.00 to 17.00 CET from Monday to Friday, specifying the order number.
7.5 In any case, after 15 days from the expiry of the delivery deadline without the delivery having taken place, the User has the right to withdraw from the sales contract concluded with the receipt of the Acceptance. In this case, the Company will provide a full refund of the amount spent by the User.
7.6 For the delivery to be carried out within the established deadline, the User must communicate the correct shipping address. In the event of communication by the User of an incorrect address, any delay in delivery will be attributable exclusively to the User himself, excluding the existence of any type of liability on the part of the Company.
7.7 In the event of the User’s absence at the indicated address at the time established for delivery, it will be the User’s responsibility to contact the carrier again to arrange a new delivery.
8) LEGAL GUARANTEE OF CONFORMITY
8.1 If the User is a consumer pursuant to Legislative Decree. N- 206/2005 (so-called “Consumer Code”), the provisions of the Consumer Code for the legal guarantee of conformity defined in the following articles apply to the contract concluded with the Acceptance.
8.2 The Company is liable to the Consumer User for any lack of conformity existing at the time of delivery of the ordered product that becomes apparent within 2 years of delivery.
8.3 The action of the Consumer User aimed at asserting defects not fraudulently concealed by the Company expires within 26 months of delivery.
8.4 It is presumed that, unless proven otherwise, any lack of conformity that becomes apparent within one year of delivery of the product was already present at the time of delivery: beyond this term, it will be the responsibility of the Consumer User to prove that the lack of conformity was already present at the time of delivery.
8.5 A lack of conformity of the product means:
a) unsuitability for the use for which goods of the same type are normally used;
b) non-compliance with the description made by the Company on the Site and non-possession of the qualities of the goods that the Company has presented to the Consumer User as a sample or model;
c) non-presence of the usual qualities and performances of a good of the same type, which the Consumer User can reasonably expect, taking into account the declarations made in advertising or labelling;
d) unsuitability for the particular use desired by the Consumer User that was brought to the attention of the Company at the time of conclusion of the contract.
8.6 The legal guarantee of conformity does not apply to defects or malfunctions resulting from accidental events or from acts of the Consumer User or from a use of the product that does not comply with its intended use and/or as provided in the documentation attached to the product.
8.7 In the event of a lack of conformity during the validity of the legal guarantee, the Consumer User may:
- a) request, at his choice, the repair or free replacement of the ordered product, unless the requested remedy is objectively impossible or excessively expensive compared to the other;
- b) if the solutions provided for in the previous 8.7 a) are excessively expensive / not carried out within appropriate terms / repair or replacement previously carried out have caused significant inconvenience to the consumer User, the latter may request, at his choice, a reduction in price or termination of the contract.
8.8 In the event of a lack of conformity, the consumer User may contact the Company by email to shoponline@y-dry.com or by telephone at +39-334-9273188 from 9.30 to 13.00 from 14.00 to 17.00 CET from Monday to Friday.
8.9. If the User cannot be defined as a consumer, the provisions for the guarantee of defects provided for by articles 1490 of the civil code and the following shall apply.
9) RIGHT OF WITHDRAWAL
9.1 The User has the right to withdraw from the contract without any penalty and without specifying the reason, within 14 (fourteen) days from delivery of the product.
9.2 The right of withdrawal referred to in the previous 9.1 is excluded, in compliance with current legislation, for products on which customization has been requested by the User.
9.3 The integrity of the products to be returned is an essential condition for exercising the right of withdrawal. More specifically, the User is only responsible for the decrease in value of the goods resulting from manipulation of the goods, other than that necessary to establish the nature, characteristics and functioning of the goods pursuant to art. 57 paragraph 2 of the Consumer Code.
9.4 If the User decides to exercise his right of withdrawal, within 14 days of the communication made pursuant to the following articles, the User must return the ordered products to the Company with shipping costs at his expense to the address C.A.V. Srl Unipersonale – Via di Corticella, 72 – 40128 Bologna (BO) – Italy.
9.5 If the User decides to exercise his right of withdrawal, within 14 days of the communication made in accordance with the following articles, the Company will refund the amount paid by the User, including shipping costs (excluding costs incurred for returning the products), using the same payment method used by the User.
9.6 To exercise the right of withdrawal, the User must send a specific written communication to the address C.A.V. Srl Unipersonale – Via di Corticella, 72 – 40128 Bologna (BO) – Italy, specifying the order data and the User’s data. The Company will respond to this communication within 2 working days by providing the necessary information for returning the products.
9.7 This procedure is valid exclusively for orders placed by the User on the Site.
10) LIMITATION OF LIABILITY
10.1 Except as provided for by the consumer code for consumer protection, the Company assumes no responsibility for any damage resulting from the use of the site, from difficulties in accessing it or in using its functions, contents or links to other sites.
11) COPYRIGHT, LIMITATIONS OF USE and INTELLECTUAL PROPERTY RIGHTS
11.1 All trademarks, product names, logos and trade names used on the Site are covered by copyright and intellectual property rights
11.2 The User is not authorized to use, publish, transmit and participate in the transfer of files and/or reproduce such trademarks, logos and names and/or names, as this could constitute a violation of the rights of the respective owners.
11.3 The User is authorized to copy the material of the Site only when it is necessary to be able to place an order. The User who wishes to use material and information on the Site is required to obtain prior written authorization from the Company.
12) PRIVACY AND COOKIE POLICY
12.1 With regard to the privacy policy and the use of cookies on the Site, the User is required to read the specific “Privacy and Cookie Policy” available on the Site, which is an integral part of these general conditions.
13) APPLICABLE LAW AND JURISDICTION
13.1 These conditions of use are governed by Italian law and must be interpreted by applying such legislation
13.2 Any disputes that may arise in relation to these conditions of use are subject to the jurisdiction of the Italian courts and the competent Court will be that of Bologna, Italy, except in cases where the User can be defined as a consumer pursuant to the Consumer Code.
v1.1 – 03/09/2024