Terms of use

GENERAL TERMS OF USE

1. Information on the Website owner

This website www.yogago.it (hereinafter referred to as the “Website”) are owned and operated by LEMA S.N.C. DI PAOLA E SIMONA DE SIMONE company incorporated under Italian law, registered office in Via Caduti della Libertà 12 Cormano MI, R.E.A. MI-2621564, VAT number and tax code 11717830969 e-mail: hello@yogago.it (hereinafter, “YOGAGO ”).

2. Introduction

The Website is an e-commerce platform aimed at the online purchase of textile products (sportwear) and any ancillary services offered by YOGAGO to any user of the Website (hereinafter, the “User”). Access to and use of the Website by any User, regardless of the purpose of their visit, whether consultation or purchase, is governed by these General Terms of Use (hereinafter also referred to as the “GTU”). By accessing and using the Website, the User agrees to be bound by these General Terms of Use. If the User does not intend to accept the GTU, he/she must not use the Website. In the event of purchase of the products on the Website, the General Conditions of Sale will also apply (available at the following link link https://dev.yogago.it/v4/it/info/note-legali-condizioni-di-vendita. YOGAGO reserves the right to suspend or terminate a User's access to the Website at any time, without notice, in the event that YOGAGO (a) reasonably believes that these GTU and/or the General Conditions of Sale and/or any other rule on the Website are violated or (b) deems necessary to do so for security reasons.

3. Amendments to the GTU

YOGAGO can periodically make changes to the GTU. The User acknowledges and agrees that, in case of use of the Website after the date on which the GTU have been modified, such use will be considered as an implicit acceptance of the modified GTU. It is the responsibility of the User to periodically check the GTU to see if changes have occurred.

4. Personal data

For information regarding the processing of the User's personal data by YOGAGO during the visit and interaction with the Website, please consult the Website Privacy Policy, available at the following link www.yogago.it/it/info/privacy-policy.

5. Account

The User may decide to register their data via the Website and create a personal account (hereinafter, the “Account”). To create an account, the User needs to provide:
a) Name and surname;
b) Date of birth;
c) Phone number;
d) E-mail address;
e) Password to access the Account.
The processing of such data will take place in accordance with the Privacy Policy (available at the link www.yogago.it/it/info/privacy-policy).

The responsibility for maintaining the confidentiality of access information and controlling access to the personal account is solely and entirely up to the User. The User will be the one and only responsible for all the activities carried out through their Account (including, by way of example only, any purchase of products, even if made through their Account and/or any comment and/or review published on the Website, where there is the possibility for the User to publish comments and/or reviews). The User, as soon as he/she becomes aware, must immediately notify YOGAGO of any security breach or unauthorized use of the Account credentials. YOGAGO reserves the right to interrupt and close a User's Account at any time and without notice in the event that YOGAGO (a) deems, in its sole discretion, that the User is using their Account in breach of these General Terms of Use and/or of the General Conditions of Sale and/or any other rule provided by the Website, (b) has reason to believe that a third party is using the Account of another User without his/her consent, or (c) for security reasons or for maintenance of the Website.

6. Intellectual property

The User acknowledges and agrees that the Website contains confidential information protected by intellectual property laws. All intellectual property rights on the Website, including but not limited to software or HTML code, newsletters, texts, databases, drawings, photographs, images, design, video and/or audio material and any other material contained on the Website (hereinafter, the “Material”), are exclusive property of YOGAGO . All Material is made available to the User by YOGAGO, exclusively for personal and non-commercial use. By way of example only, the User must not: a) copy, reproduce, publish, transmit, distribute, play, display, communicate, modify, create derivative works, reverse engineer, sell, license or otherwise exploit the Website, or any part of the Material, including, by way of example, including or creating a link with the Website or any part of the Material, without prior written permission by YOGAGO ; b) access or use the Website or any part of the Material for commercial purposes or for any other purpose that competes with YOGAGO.

6.2. Trademarks

The User acknowledges and accepts that YOGAGO is the exclusive owners of the YOGAGO brand and logos, as well as any other brand and/or logo that appears on the Website (hereinafter, the “Trademarks”). Any use of the Trademarks by the User is strictly prohibited and constitutes a violation of the intellectual property rights owned by YOGAGO. YOGAGO reserves the right to take action to obtain compensation for damages in the event of counterfeiting of the Trademarks and/or in any case of violation of its intellectual property rights.

7. Social Media

L’Utente ha la possibilità di condividere sui social networks (come, a titolo esemplificativo Instagram, FacThe User has the possibility to share on social networks (such as, for example, Instagram, Facebook, Twitter, Pinterest, Google+, etc.) some information (product features, images, news) on the Website. This action will be accompanied by a message prepared by YOGAGO that can be customized by the User. For example, by clicking on the “Like” or “Share on Facebook” icon, the content will be uploaded to the User's Facebook profile. The contents shared on social networks will be subject to the terms and conditions of use of each of the social networks that, therefore, must be consulted in advance by the User. The User is exclusively responsible for the publication on the social networks of contents coming from the Website and YOGAGO cannot in any case be held responsible for its use once the content has been published on social networks. The User undertakes to indemnify YOGAGO from any harmful consequences deriving from the publication by the User on social networks of any content coming from the Website and/or its combination with any other content.

8. General limitations on the use of the Website and User behaviour

The User is required to use the Internet in a responsible manner and in compliance with the rights of other Website users and, in general, of other Internet users. In particular, the User, by accessing the Website, must refrain from: a) upload on the Website or publish, send by e-mail or transmit by any other means content that is unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, indecent, damaging the private sphere of others, unpleasant, offensive or reprehensible from a racial, ethnic or other point of view; b) upload on the Website or publish, send by e-mail or transmit by any other means unsolicited or authorized advertising or promotional materials, false information, e-mail chains, or any other form of unauthorized commercial solicitation; c) upload on the Website or publish, send by e-mail or transmit by any other means materials containing viruses or other codes, files or programs created to destroy, damage, interrupt or limit the operation of any software and/or hardware or any electronic telecommunications networks; d) interfere with, or interrupt the operation of the Website or servers or networks connected to the Website, or violate the requirements, procedures, rules or regulations of networks connected to the Website; e) damage or attempt to damage the use of the Website by any User, host or network, including without limitation, through the introduction of viruses on the Website, the voluntary overload or saturation of the server and/or mailboxes or, furthermore, the falsification of the information of the TCP/IP protocol or any other information forming part of the headers included in any e-mail message; f) make or attempt to make changes or alterations to any part of the Website; g) access data that are not intended for the User or access a server/account to which the User is not authorized to access; h) try to ascertain or test the vulnerability of a system or a network or even try to violate security or authentication measures without having received authorization; i) usurp the identity of another person; j) carry out an activity or induce another person to carry out an illegal activity or any other activity that may violate the rights of YOGAGO , its suppliers, partners, distributors or its advertisers or any other User; k) circumvent or attempt to circumvent, disable or otherwise interfere with any element related to the security of the Website or elements that (i) prohibit or limit the use or copying of any Material or content and/or (ii) strengthen the limitations on the use of the Website or the content accessible on the Website; l) transmit or transfer (by any means) information or software derived from the Website to foreign Countries and/or to foreign citizens in violation of any national or international law or regulation. m) enter false and/or fictitious data; n) improperly use the Trademarks. The User undertakes to comply with all national and international rules and procedures relating to the conduct to be kept online and to the admissible contents, including all laws in force related to the transmission of technical data. At any time and for any reason, YOGAGO may, at its discretion, implement any system aimed to interrupt and terminate, without notice, the User's use of the Website, should the User be in breach , or should YOGAGO believe that User is in breach of this GTU and/or the General Conditions of Sale and/or any other rule present on the Website. YOGAGO reserves the right to request a compensation from the User for damages in the event of non-compliance with these GTU and/or the General Conditions of Sale and/or any other rule on the Website.

9. Website access and operation

The User is personally responsible for the IT and telecommunications means that allow him/her to access the Website. The connection costs and the equipment necessary to access the Internet and to use the Website shall be borne, in whole, by the User. The User acknowledges and accepts that the use of the Website is at his own risk and danger. YOGAGO cannot be held responsible for any damage that a User may suffer as a result of such use. YOGAGO declines any responsibility for indirect damages, regardless of the causes, origins and nature of the same, deriving from the use and/or non-use of the Website, as well as from having given credit to any information directly or indirectly coming from the Website, including by way of non-exhaustive example, the costs deriving from the imprudent purchase of products offered on the Website, loss of profit, of customers, of data or other losses of intangible assets.

10. Liabilities

YOGAGO does not give guarantees of any kind, whether express or implicit, concerning in particular the integrity, accuracy, timeliness, non-violation of rules, availability, reliability and completeness of information on the Website, including information on the products offered on the Website and/or their suitability for a particular use that the User intends to make of them. The suggestions presented on the Website or provided by YOGAGO customer service for informational and/or illustrative purposes can never be considered as substitutes for medical advice. In the event that the User intends to make a claim against YOGAGO regarding the Material of the Website and/or the products offered therein, this complaint must be made by sending a written communication to the following address: hello@yogago.it, no later than six months following the onset of the event from which the complaint originates. The foregoing does not affect the rights of the User acting as a Customer pursuant to the General Conditions of Sale applicable to actual purchases on the Website, recognized by the Consumer Code laws (Italian Legislative Decree 206/2005).

11. General clauses

11.1. Validity of the Contract

In the event that any provision of these GTU is declared invalid or ineffective due to a legislative change or following a ruling by a judicial authority, the remaining clauses of these GTU will remain fully valid and effective.

11.2. Governing Law and Court of Jurisdiction

These General Terms of Use are governed by the Italian Laws, without prejudice to any more favorable consumer protection rules provided by the laws of residence of the User. Any dispute related to the existence, interpretation and/or termination of these General Terms of Use shall be referred to the jurisdiction of the Courts of the place where the User’s domicile or residence is located, if in the Italian territory, otherwise the Court of Milan or the Court of residence or domicile of the User. The User also has the possibility to resolve disputes, without recourse to the Court, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.

Version of 13/05/2021