Terms and conditions
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.
