Terms and conditions & Privacy Policy
Terms and Conditions for the return and reuse of Yamamay Club Bags
1. DEFINITIONS
Unless otherwise provided in these Terms and Conditions, the terms used with a capital letter shall have the meaning indicated below.
Customer: the consumer who uses the Yamamay Club Bag (as defined below) as part of a purchase of one or more Products (as defined below) at a Store (as defined below).
Delivery: the physical provision of the Yamamay Club Bag to the Customer, carried out by Yamamay (as defined below) through its staff or appointed subjects, in order to allow its use in accordance with these Terms and Conditions.
Privacy Policy: document drafted by Movopack (as defined below), as data controller, pursuant to Regulation (EU) 2016/679 (“GDPR”) which describes the methods and purposes of the processing of the Customer’s personal data, as well as the rights recognized to them by the current legislation on personal data protection.
Movopack: Movopack SB S.r.l. Store: each physical Yamamay point of sale, whether direct or franchised, where the Yamamay Club Bags are made available for use by Yamamay to the Customer at the time of the purchase of one or more Products, under the Terms and Conditions of this document.
Parties: Movopack and the Customer jointly.
Reward: 30 Yamamay Club points (as defined below), awarded to the Customer in case of Return or Reuse (as defined below).
Products: goods sold by Yamamay to the Customer at the Stores and packaged using the Yamamay Club Bags.
Return: the return to Movopack of the Yamamay Club Bag through one of the methods governed by Articles 4 and 5 of these Terms and Conditions.
Reuse: the use by the Customer of one or more Yamamay Club Bags already in their possession to make a new purchase of Products at a Store without a new Delivery, pursuant to Article 6 of these Terms and Conditions.
Terms and Conditions: this contractual document governing the methods and conditions of Return and Reuse of the Yamamay Club Bags.
Web App-Poste: the Movopack web application accessible at the address https://yamamay.movopack.com which allows the Customer to register the Return of the Yamamay Club Bags directly according to Article 4.
Web App-Store: the Movopack web application accessible at the address store-yamamay.movopack.com which allows the registration of the Return of the Yamamay Club Bags at the Stores according to Article 5.
Web Apps: the Web App-Poste and the Web App-Store jointly.
Yamamay: Inticom S.p.A.
Yamamay Club: the Yamamay loyalty program that allows points to be accumulated for access to increasing benefits based on acquired status, such as discounts, promotions, services, and dedicated initiatives.
Yamamay Club Bag: personalized and reusable packaging and transport unit, owned by Movopack and made available to Yamamay under the supply contract in place between the two, and by Yamamay to the Customer under these Terms and Conditions.
2. PURPOSE AND SCOPE OF APPLICATION
These Terms and Conditions regulate the Return and Reuse of the Yamamay Club Bags, that is, the personalized reusable packaging granted for use by Movopack to Yamamay and by the latter to the Customer within the sustainable packaging service offered by Movopack.
3. OPTION TO USE YAMAMAY CLUB BAG
3.1 At the time of purchasing Products at a Store, the Customer has the option to choose, for packaging and transport of the purchased Products and as an alternative to traditional packaging, the use of one or more Yamamay Club Bags.
3.2 Should the Customer opt to use the Yamamay Club Bag, they will be informed by Yamamay’s appointed staff about the essential information on how the reverse logistics packaging service works, including the option to return or reuse the Yamamay Club Bags as outlined in Articles 4, 5, and 6 below.
3.3 Information on the methods of Return and Reuse of the Yamamay Club Bag can also be viewed by scanning the QR code displayed at the Store, which links to these Terms and Conditions and the Privacy Policy – the latter also made public on Movopack’s website at the following address: https://movopack.com/it/privacy-policy-yamamay/
3.4 The Return or Reuse of the Yamamay Club Bags contributes to the sustainability program and the environmental initiative promoted by Yamamay in collaboration with Movopack and therefore constitutes a condition for the awarding of the Reward to the Customer.
3.5 In the event that, at the time of the Return, the Customer is not yet enrolled in the Yamamay Club, it will still be possible to register. To this end: in the case of Return via Web App-Poste, the Customer can register by following the instructions accessible by scanning the QR code present on the Yamamay Bag, which links to the registration procedure for the Yamamay Club (as well as to the Return procedure via Web App-Poste); in the case of Return via Web App-Store, the Customer may complete registration to the Yamamay Club with the support of Yamamay staff at any Store before proceeding with the Return
3.6 In any case, the Customer may proceed with the Return or Reuse even without registration in the Yamamay Club, without however being able to enjoy the assignment of the Reward.
4. DIRECT RETURN VIA WEB APP – POST
4.1 The Customer may return the Yamamay Club Bag to Movopack independently via the Web App-Poste application. To this end, the Customer must scan the QR code present on each Yamamay Club Bag to access the Web App-Poste and follow the guided procedure to deliver the Yamamay Bag at an authorized post office.
4.2 The successful completion of the Return pursuant to this Article 4 will entitle the Customer to the crediting of the Reward.
5. RETURN AT POINT OF SALE VIA WEB APP – STORE
5.1 As an alternative to the Return method described in the previous Article 4, the Customer may return the Yamamay Club Bag to Movopack by personally visiting any Store. To this end, by accessing the Web App-Poste it will be possible to identify the Store closest to the Customer’s location.
5.2 For the purpose of Return via Web App-Store, the Customer must provide the Store staff with a valid email address, necessary for tracking the Return and for sending the relevant confirmation.
5.3 The Return will be recorded by the Store staff via the Web App-Store and the Customer will receive a confirmation email accordingly.
5.4 The Yamamay Club Bag must be returned at the Store intact and without contents.
5.5 Also in this case, the Return will entitle the Customer to the crediting of the Reward.
6. REUSE OF THE YAMAMAY CLUB BAG FOR NEW PURCHASES OF PRODUCTS AT THE STORES
6.1 As an alternative to Return under the previous Articles 4 and 5, the Customer may reuse the Yamamay Club Bag to make a new purchase of Products at a Store.
6.2 To this end, the Customer must go to any Store with the previously received Yamamay Club Bag, in conditions suitable for reuse (intact and without contents).
6.3 At the time of the new purchase of Products at the Store, the Yamamay Club Bag will be scanned by the Store staff through the barcode on it or another enabled technical method.
6.4 The system will recognize the Yamamay Club Bag as already in use and will enable the use of the Yamamay Club Bag for the new purchase.
6.5 Like the Return, the Reuse will entitle the Customer to the crediting of the Reward.
6.6 The Customer has the right to reuse the same Yamamay Club Bag for multiple subsequent purchases, in accordance with the provisions of these Terms and Conditions.
6.7 The possibility of reusing the Yamamay Club Bags is subject to compliance with the conditions of integrity and suitability of the Yamamay Club Bags. In case of damage, deterioration or improper use, Movopack shall have the right to refuse Reuse.
7. OBLIGATIONS OF MOVOPACK AND THE CUSTOMER
7.1 Movopack undertakes to:
ensure the proper functioning and operability of the technologies made available for Return and Reuse operations (Web Apps, QR codes, etc.);
intervene promptly and possibly collaborate with Yamamay in case of malfunctions, interruptions or service disruptions attributable to Movopack in order to restore the technologies involved;
keep the operating instructions regarding the methods of Return and Reuse updated and easily accessible;
7.2 The Customer is required to return the Yamamay Club Bag in conditions suitable for reuse, without prejudice to the normal wear resulting from compliant use.
8. OWNERSHIP OF THE YAMAMAY CLUB BAGS AND RELATED TRANSFER
8.1 Without prejudice to the provisions of the following Article 7.2, the Yamamay Club Bag remains the exclusive property of Movopack.
8.2 In order to simplify the operational and environmental management of the reusable packaging system, 12 months after the delivery of the Yamamay Club Bag to the Customer and in the absence of Return or Reuse, the ownership of the Yamamay Club Bag shall be considered automatically transferred to the Customer, without any economic charge to them and without the need for further acts, communications, or formalities.
9. CUSTOMER SERVICE
Movopack provides the Customer with a support service accessible through the channels indicated on its website or in the Web App Poste in order to assist the Customer during the Return and Reuse phases of the Yamamay Club Bag.
10. DATA PROCESSING
The processing of personal data relating to Final Customers shall be carried out in compliance with the privacy policy of the applicable personal data protection legislation, with particular reference to Regulation (EU) No. 2016/679 (“GDPR”), to Legislative Decree No. 196/2003, and to the measures adopted by the Data Protection Authority.
11. FEES AND ADDITIONAL PAYMENTS
Any shipping costs for the return via postal service remain the responsibility of Movopack.
12. DURATION AND TERMINATION OF THE RELATIONSHIP
The relationship between Movopack and the Customer lasts for the period during which the latter holds the Yamamay Club Bag and is considered terminated at the time of Return or, in the event of non-return, at the time of the transfer of ownership of the Yamamay Club Bag to the Customer in accordance with the provisions of the previous Article 8.2.
13. LIMITATION OF LIABILITY
13.1 The Customer agrees not to use the Yamamay Club Bag improperly, unlawfully, or in a way contrary to its intended use and to return it in a condition suitable for reuse, except for normal deterioration resulting from compliant use.
13.2 The Customer remains responsible for any improper or non-compliant use of the Yamamay Club Bag for the entire period in which it is materially in their possession, holding harmless and indemnifying Movopack from any claims arising from the improper or unlawful use of the Yamamay Club Bag that occurred while it was in the Customer’s possession.
14. EXCLUSION OF WARRANTIES
The Yamamay Club Bag is provided in the condition in which it is found (“as is”) without warranties and/or liabilities of any kind. All express and implied warranties are expressly excluded to the maximum extent permitted by law.
15. FORCE MAJEURE
15.1 Events such as strikes, natural disasters, pandemics, measures by authorities, or other force majeure circumstances that prevent the collection or reuse of the Yamamay Club Bags suspend the performance of the related obligations for the duration of the event.
15.2 Movopack is not liable for any service disruptions caused by force majeure or by factors beyond its reasonable control.
16. INTELLECTUAL PROPERTY
16.1 Trademarks, logos, software, databases, and any other content related to the service of use, return, and reuse of the Yamamay Club Bags remain the exclusive property of Movopack.
16.2 It is prohibited to copy, decompile, modify, or create derivative works from the Web Apps unless previously authorized in writing by Movopack.
17. APPLICABLE LAW AND COMPETENT COURT
17.1 These Terms and Conditions are governed by Italian law.
17.2 For any dispute arising from the interpretation, execution, or validity of this relationship, the Court of Milan has exclusive jurisdiction.
18. GENERAL PROVISIONS
18.1 These Terms and Conditions do not regulate nor create any relationship between Movopack and the Customer concerning the sale of Yamamay Products. Movopack is therefore unrelated to such sales relationship and assumes no responsibility regarding the content, conditions, quality, delivery, or any claims relating to the Products.
18.2 Any modification to these Terms and Conditions must be made in writing and signed by the Parties.
18.3 These Terms and Conditions do not create any relationship of subordination, agency, association, representation, intermediation, partnership, employment, or franchising between the Parties.
18.4 None of the clauses contained in these Terms and Conditions shall be deemed to constitute, create, give effect to, or otherwise recognize a company, agency, joint venture, or any formal business entity of any kind, nor to establish a fiduciary relationship between the Parties.
18.5 The rights and obligations of the Parties shall be limited to those expressly provided for in this document, without prejudice to the provisions of the Supply Contract.
18.6 In the event that any of the clauses of these Terms and Conditions is declared null, invalid, or ineffective, such defect shall not affect the remaining provisions of the Terms and Conditions, which shall remain valid and effective.
18.7 All communications addressed to the Customer shall be sent to the email address provided via Web App-Poste or Web App-Store. Messages and notifications are deemed received 24 hours after the sending of the email, unless a notification is received indicating the invalidity or non-functionality of the address provided.
INFORMATION NOTICE ON THE PROCESSING OF PERSONAL DATA pursuant to Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016
Movopack SB S.r.l. (hereinafter also referred to as the “Company,” “Movopack,” “Data Controller,” or simply the “Controller”), in its capacity as Data Controller of personal data and in compliance with current legislation—namely EU Regulation 2016/679 of 27 April 2016 concerning the processing and free movement of personal data of natural persons (General Data Protection Regulation, hereinafter also referred to as the “GDPR”)—is required to provide you with information regarding the processing of your personal data as a “data subject.”
Personal data processing refers to any operation or set of operations performed with or without the aid of automated processes and applied to personal data, such as, by way of example, collection, recording, storage, extraction, consultation, restriction, erasure, or destruction.
1. SOURCE AND NATURE OF PERSONAL DATA
We inform you that we will collect your personal data as described in this notice. Specifically, we will acquire your email address.
2. DATA CONTROLLER
The Data Controller is Movopack SB S.r.l., with its registered office at Via Sardegna 19, 20146 Milan. You may contact the Controller by writing to the above address or via certified email (PEC) at: movopack@legalmail.it.
3. DATA PROTECTION OFFICER (DPO)
The Controller has evaluated the nature, scope, and purposes of the data processing and determined that the conditions for mandatory appointment of a Data Protection Officer under Article 37 of the GDPR do not apply. Therefore, no DPO has been appointed at this time. The data subject may contact the Controller at info@movopack.com for information or to exercise their rights.
4. PURPOSE AND LEGAL BASIS OF PROCESSING
Your personal data will be processed by the Company for the following purposes:
a) Operational, managerial, administrative, and accounting obligations related to the management of the return and reuse operations of reusable packaging created and provided by the Company, such as the registration and tracking of packaging returns and the assignment of benefits associated with returning the packaging.
b) Technical management of the web apps used for returning the packaging, technical support, and customer care. (Legal basis: performance of a contract to which the data subject is a party and the legitimate interest of the Controller)
c) Marketing, commercial information, and promotional activities, including the sending of newsletters and advertising material via email or through messaging applications and/or advertising banners or pop-ups within the web apps dedicated to the reverse logistics service. (Legal basis: data subject’s consent)
d) Statistical and environmental sustainability analyses aimed at measuring the positive impact of the reusable packaging service. (Legal basis: legitimate interest of the Controller)
Regarding the above purposes, please note that:
Providing data for contractual purposes under points a) and b) is essential for participation in the initiative (without it, the reusable packaging service contract cannot be carried out);
You may object at any time to the processing of data for the purposes under points b) and d), as provided in Article 8 of this notice. Specifically: The legitimate interest under point b) lies in ensuring the proper functioning and technical support needed for the use of our web apps for the reverse logistics service. The legitimate interest under point d) lies in measuring the environmental impact of the reusable packaging service and drafting internal and external sustainability reports, with the goal of communicating the environmental benefits to customers and stakeholders.
For marketing purposes under point c), your explicit consent will be requested. You retain the right to revoke your consent at any time (without affecting the lawfulness of the processing carried out prior to the revocation). In any case, the collection of these data will follow the principle of necessity.
5. SPECIFIC CATEGORIES OF PERSONAL DATA (SO CALLED “SENSITIVE DATA”) AND DATA RELATED TO CRIMINAL CONVINCTIONS AND OFFENSES (SO CALLED “JUDICIAL DATA”)
In carrying out its activities and for the purposes outlined above, the Company informs you that it will not process special categories of personal data, i.e., “sensitive data,” such as personal data revealing: “racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership,” as well as “genetic data, biometric data intended to uniquely identify a natural person, data concerning health, or data concerning a person’s sex life or sexual orientation” (Article 9 of the GDPR). Should sensitive personal data be processed outside of the legal or regulatory allowances, your specific consent will be required. Furthermore, the Company will not process any of your judicial data (Article 10 of the GDPR).
4. METHODS OF PROCESSING
The processing of data will be carried out on paper and/or using electronic and/or telematic tools and, in any case, in ways and using tools suitable to ensure the security and confidentiality of the data, in accordance with applicable regulations. Specifically, all technical, IT, organizational, logistical, and procedural security measures required by current legislation will be adopted to guarantee the minimum level of data protection required by law, allowing access only to individuals authorized to process the data by the Data Controller or by Data Processors appointed by the Controller.
5. SCOPE OF DATA COMMUNICATION
The Data Controller may share data with third parties, either as independent data controllers or as data processors appointed pursuant to Article 28 of the GDPR. In particular, your data may be communicated, within the limits of their specific responsibilities, to:
companies involved in the sale of products packaged using the reusable packaging developed by Movopack, for the purpose of recording and tracking usage, return, and reuse of the packaging;
companies that manage software and/or hardware for the Controller, or that maintain IT archives on its behalf;
parties to whom data communication is necessary or functionally connected to the management of the contractual relationship;
entities, including public bodies, who are granted access to data by legal, regulatory, or EU provisions (e.g., judicial authorities and law enforcement agencies, regulatory authorities, audit firms, rating agencies, etc.);
entities used by the Controller for packaging transportation or shipping activities, or for promotional, advertising, marketing, and communication activities.
For the same purposes listed above, the data provided may also be shared with authorized personnel (individuals acting under the authority of the Data Controller and individuals acting under the authority of Data Processors appointed by the Controller).
6. TRANSFER OF DATA ABROAD
Your personal data will be processed by the Controller within the European Union and will not be disseminated. If necessary for technical or operational reasons, or due to specific contractual agreements, the Controller reserves the right to transfer your personal data to countries outside the European Union that are covered by an adequacy decision of the European Commission or on the basis of appropriate safeguards or specific derogations as provided by applicable law.
7. DURATION OF DATA PROCESSING
The Company will retain your personal data for the time necessary to achieve the purposes specified in this notice, after which the data will be deleted in accordance with legal requirements. Specifically, in the event of termination of the relationship, the personal data will be retained from the date of the event to fulfill legal obligations regarding accounting records retention, as well as any additional retention requests for legal or tax audit purposes.
8. DATA SUBJECT RIGHTS
With respect to the processing described in this notice, and pursuant to Articles 15–22 of the GDPR, the data subject is informed that they have the right to:
request from the Controller access to personal data concerning them and information about how the data is being processed;
request correction or deletion of their data in the cases outlined in Article 17 of the Regulation, provided this does not conflict with the Controller’s legal obligations to retain data; withdraw previously given consent;
request restriction of processing in the cases provided under Article 18 of the Regulation;
request data portability, meaning the right to receive personal data concerning them in a structured, commonly used, and machine-readable format and to transmit such data to another controller without hindrance, where the processing is based on consent, a contract, or is carried out by automated means;
not be subject to a decision based solely on automated processing that produces legal effects or significantly affects them in a similar way. Any corrections, deletions, or restrictions requested by the data subject—unless impossible or requiring disproportionate effort—will be communicated by the Controller to all recipients to whom the personal data was disclosed. The Controller may provide the data subject with a list of such recipients upon request.
In addition to the rights described above, the data subject has the right to object at any time to the processing of personal data concerning them if such processing is carried out to pursue the legitimate interest of the Controller. In that case, the Controller will refrain from further processing unless it demonstrates compelling legitimate grounds that override the interests, rights, and freedoms of the data subject or are necessary for the establishment, exercise, or defense of legal claims.
The data subject also has the right to file a complaint with the Data Protection Authority if they believe their rights have been violated, following the procedures and guidance available on the official website of the Authority at: www.garanteprivacy.it.
11. UPDATES TO THE PRIVACY NOTICE
This privacy notice is published on the Controller’s website. Any updates will be posted in the same section, which we recommend checking regularly.
