TERMS AND CONDITIONS
Article 1
Ownership of the Site and premises
These General Terms and Conditions of Contract and Supply, drawn up in accordance with Legislative Decree no. 70/2003 and Legislative Decree 206/2005, regulate the sales services present on the site www.getmeyellow.com and are stipulated between Cartoon srl, Corso Milano 38, Monza VAT number 12719160967, (hereinafter called also " Company "), and he/she (henceforth also called " User ") who consults the pages of the website www.getmeyellow.com (hereinafter: " Site ") and who uses the services for the purchase of Products by telematics on the same made available.
The Cartoon srl Company and the User jointly understood are also called " Parties ".
The Site is managed by the Company and allows the purchase of the Products marketed on the Site itself.
These Terms and Conditions are binding between the parties indicated above and apply to all Users who purchase one or more Products offered on this Site.
Users who use the Services offered on this Site affirm that they know and accept these Terms and Conditions, declaring, under their own exclusive responsibility, that they are 18 years of age.
With the exception of mandatory legislation, for the purposes of these Terms and Conditions, the User agrees that all contracts, notifications, information and other communications provided in electronic form meet the requirement of written form, when required by law.
Article 2
Object of the contract
The contract regulates and has as its object the sale of the Products offered on the Site.
These Terms and Conditions bind the Parties and have as their object the purchase of the Products offered for sale on the Site.
The Company sells photographic prints and digital portraits (hereinafter also " Product / s ") through the Site.
Article 3
Prices and shipping costs
The prices on the Site are clearly indicated and include VAT.
Shipping costs are borne by the Company.
Prices may vary over time, but will not affect the price charged to the User at the time of purchase, nor will they give rise to any new price rights for the User.
Exceptions to the above point are cases where the prices entered are disproportionate to the normal market value as a result of clerical errors.
Article 4
Method of purchase
The User, to purchase the Products referred to in art. 2, must add the selected Products to the cart, then must enter their data for the shipment of the Products ordered, accepting these Terms and Conditions and the Privacy Policy of the Site and making the payment within the terms provided therein.
Payment will necessarily be made in a single solution with the methods available on the Site, including payment via PayPal or by credit card.
If the User chooses payment by credit card, this circumstance is subject to verification that the issuing bank is authorized to make purchases on the web.
The payment procedure is to be considered as a purchase proposal.
The purchase will be considered completed upon receipt of a specific e-mail to the address provided by the User during the purchase phase.
In case of problems with the purchase procedure and/or errors in filling in the data, the User can write to the e-mail address info@getmeyellow.com.
In case of errors in the compilation, the same must be communicated within 24 hours of payment, in order to allow the Company to modify the order according to the correction requests made by the User.
The Company will verify compliance with the procedure referred to in the preceding points and, in the absence of justified reasons, will complete the purchase.
The Product takes on average between 7 and 10 business days to run. Once the Product is ready, the Company will send an email to the User in order to receive his approval or a request for revision.
Review requests are unlimited.
The purchase contracts concluded and perfected will be stored electronically on special devices owned by the Company.
Article 5
Conditions of sale and use of the Site
The purchase by the User implies the total knowledge and acceptance by the latter of these Terms and Conditions.
There will be no commitment between the User and the Company and, therefore, no purchase contract can be considered concluded, in the event that errors are made during the Order compilation procedure, for facts attributable to both the User and the Company. or obvious and recognizable inaccuracies, such as - by way of example and not limited to - errors or inaccuracies relating to the User's data (including the address indicated for delivery) or relating to the identification and/or selection of the Products and/or of the relative quantities and/or the relative price.
Before shipment, the Company reserves the right to verify the correctness of the prices of the Products added to the cart and ordered by the User and, in the event of an error in the prices, reserves the right to cancel the order.
Furthermore, in the event of delivery difficulties at the address indicated for delivery, the User will be advised to make direct contact and find an alternative method of delivery of the Product or to obtain a full refund of the amounts paid.
The User undertakes to indemnify the Company and its suppliers from any loss, damage, liability, negative consequence or expense in any way connected to claims against the User due to the fact that the latter has in any way used materials on the Site, in violation of any applicable legislation, the rights of third parties or the terms of these Terms and Conditions.
The User is solely and exclusively responsible for any consequence (legal or non-legal) that may derive from the improper use of the Products sold by the Company. No grievance, charge of liability or request for compensation can be made by the User to the Company and its suppliers as a result of the service offered.
The Company guarantees that the Products delivered meet the legal requirements of use, reliability and durability.
The User undertakes to check the Product or Products once received and, in the event of one or more Products not conforming to the order placed, the User must inform the Company via the email info@getmeyellow.com within 14 days from the date of receipt of the order.
Article 6
Shipping of orders
The digital photographic portraits will be sent by the Company, once approval has been received by the User, by e-mail. The file containing the Product will be in high resolution and will allow the User, after downloading it, to print it in good quality on any support.
The photographic prints, on the other hand, will be shipped by the Company, once approval has been received by the User, within a maximum of 5 working days from the date of purchase in the case of shipments to Italy.
The photographic prints will be shipped by the Company, once approval has been received by the User, within a maximum of 7 working days from the date of purchase in the case of international shipments.
Shipments will be managed by third party carriers with respect to the Company, with the possibility for the customer to trace their order.
Article 7
Right of withdrawal
The Parties jointly agree on the absence of any right of withdrawal in the event that the User is not a consumer.
The User-consumer can exercise the right of withdrawal within 14 days from the date of purchase by writing to the following e-mail address info@getmeyellow.com .
The User declares to waive the right of withdrawal with regard to the supply made to measure or clearly personalized , as governed by art. 59 lett. c of d. lgs. no. 206 of 2005.
In all other cases, in order to exercise the right of withdrawal, the relative communication must be sent before the expiry of the 14-day period.
In the event that the User has chosen to have the Products requested in a single Order delivered in several shipments, the deadline for exercising the withdrawal will start with the delivery of the last Product.
Within 14 days following the date of communication of the withdrawal, the User must return the Product by registered mail or traceable delivery to the address indicated by the Company.
The User bears the shipping costs resulting from the withdrawal.
Once the Product has been received by the Company, the Company will refund it using the payment method chosen by the User when placing the Order.
Finally, it should be noted that the User does not have the right to withdraw in the following cases:
- the delivered Products have been exposed to abnormal circumstances;
- the buyer has not used the Product in a prudent and careful manner;
- the Products have been exposed to the occurrence of circumstances not dependent on the Company, such as, by way of example but not limited to, damages resulting from force majeure or caused by the carrier during transport.
Article 8
Obligations of the Company
The Company is not responsible for any damage that is not an immediate and direct consequence of the breach of contract.
The Company is in no way responsible for the fulfillment of the obligations of third parties who may offer commercial guarantees in relation to the Products for sale on the Site.
Furthermore, the Company is not responsible in the event of delays or breaches of contractual obligations, nor in the event of delays, disservices or suspensions of the Site if one or more of these problems derive from unforeseeable circumstances or force majeure.
Among the causes that could lead to suspension, delay or in any case breach of contractual obligations, for which the Company does not fall under the responsibility of the Company, the following causes are listed, by way of example only: malfunction of telephone and/or electricity lines and/or the internet; malfunction of software, hardware and/or hosting services; interruptions and/or suspensions due to provisions of the law, even of an exceptional nature or by acts of Italian or foreign authorities; tampering or interventions by third parties on services or equipment used by the Company during the production of the Products; incorrect use of the platform by Users; malfunction of the connection devices used by the Users; non-conformity and/or obsolescence of devices or programs used by Users; malfunction of the services, loss of data, accidental disclosure of personal or sensitive data not attributable to the behavior of the Company, and any other type of damage occurring as a result of attacks by computer pirates, thieves, hackers and/or viruses.
The Company reserves the right to prevent access to the Site, in case of violation of the applicable legal provisions and/or violation of these Terms and Conditions.
Article 9
Privacy policy
For information and regulations relating to the processing of personal data by the Company, please refer to the page on the privacy information, present at the foot of the home page of the Site.
Article 10
Language, Applicable Law, Dispute Resolution and Jurisdiction
These Terms and Conditions are written in Italian.
Without prejudice to the rights due to Consumers, the Court of Monza will have exclusive jurisdiction for any dispute.
The User/Consumer habitually resident in the European Union can benefit from the additional protections provided for by the mandatory regulations of the country of residence.
The User/Consumer has at his disposal a platform, set up by the European Commission, for the resolution of online disputes, which can be accessed via the following link: https://ec.europa.eu/consumers/odr/ .
Article 11
Links to external websites
The links and links to external sites made available on the Site are for information only.
No responsibility can be attributed to the Company regarding the use of external sites.
The inclusion of external links does not imply any connection with them, nor any responsibility for the correct processing of data according to the privacy legislation or any other information provided by the User/Client to external websites.
Article 12
Duration and modifications
These Terms and Conditions will remain valid and effective until they are modified and/or integrated by the Company.
Any changes to these Terms and Conditions will take effect and become binding for the User from the moment of publication on the Site and will apply to sales made after that date.
Changes to these Terms and Conditions, arising from regulatory needs and/or updates, will be published on the Site in order to inform the User.
Article 13
Final provisions
The clauses that for whatever reason are to be considered wholly or partially null and/or ineffective, do not affect the remaining provisions of this contract, which will remain valid and effective between the parties.
The Company may at any time and without notice deactivate the User's access to the Site or suspend the sale of the Products, if the User does not comply with one or more of the present contractual clauses or voluntarily violates, with incorrect conduct, this agreement, without that the User can claim damages and/or compensation of any kind and/or refund of sums.
In the event of breach by the User of this contract, failure by the Company to act does not in any case represent a waiver of action.
Article 14
Communications and Complaints
All communications and/or any complaints from the Customer against the Company must be sent to the e-mail address: info@getmeyellow.com.