Terms and conditions of sale

Terms and conditions of sale

These are the terms and conditions on which we supply products to you, whether these are goods or services on the https://yumbohammer.com/ website (hereinafter “Site”).

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to our e-mail address: info@yumbohammer.com.

1.Contacts

The Company is Italpunte s.r.l., a company incorporated under Italian law and registered in the Italian Business Register with the number TO/685892. In these sales terms, we refer to us as the “Company,” “us,” “we,” and “our”, which includes any of affiliates. Our registered office address is: Via S. Maurizio, 23   – 10072 Caselle (TO) Italy. We are a private limited liability company. We operate in Italy.

You can contact us using the following email address: info@yumbohammer.com or by telephone using the following number: +39 011 991.41.90.

If the Company needs to contact you, it will do so by telephone or by writing to you at the email address or postal address you provide to us with your order. When we use the words “writing” or “written” in these sale terms, it includes communications by email.

2.Creating an online account

An account on our Site offers you a safe, easy and fast way to order. It also serves as a way to track your order and receive e-mails about your order. You need to provided to us with your name and email address to open an account on the Site. Any information you provide is kept secure and will never be sold to outside parties. Please see our Privacy Policy section if you have further questions [inserire link alla privacy policy].

If you forget your password, you can click on the “Forgot your Password?” button at the login section and follow the instructions to set a new one.

By creating an online account you accept and declare to be a professional business user (meaning reseller or professional user) and not a consumer.  If the Customer is a Reseller before submitting the purchase order it shall upload the exemption certificate on its personal profile, proving exemption from payment of the sales tax.  In case the Customer does not upload the exemption certificate, he will be automatically deemed as Professional User and sale tax will be applied.

3.Using a promotional code

From time to time we may have special offers that can be applied to your order by using a promotional code that the Company may provide at its sole discretion. In order to take advantage of these promotions, you must enter the promotional code in the space provided on the Checkout page and hit the “apply” button. If your code qualifies, the value of the promotion will be applied to your order. Only one code per order will be accepted. Codes that have a period of use will only be able to be used during the stated period. Codes may not be used after you have placed your order.

4.Order Confirmation

The Company will acknowledge your order by email (“Order Confirmation”). At that point a sale contract will come into existence between you and the Company.

If the Company is unable to accept your order for any reason, the Company will inform you of this and will not charge you for the Product. This could happen because the product is out of stock, because of unexpected limits on our resources that we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline or because the product cannot be shipped to the destination indicated in your order.

The Company will assign an order number to your order. This number will be indicated in the Order Confirmation that we send you by e-mail. Please keep the order number and refer to it whenever you contact us about your order.

Our Site is primarily for the sale or supply of our products in the USA, European Union and UK – except Norther Ireland. We do not deliver Products in the following Countries or Areas: Spain; Romania; Norway; Hungary; Northern Ireland; Belgium; Portugal; Australia (South Cost).

We only provide information in English language.

5.Order Status

You may check the status of your order by logging into your account. Your most recent order and its status will be shown. You cannot check your order’s status (nor submit a purchase order) unless you have an online account.

6.Delivery

The term of Delivery shall be CPT (ICC Incoterms 2020) meaning that the Company is responsible for costs and risks of transportation to destination, but insurance and custom duties are not included. In case the Purchaser wants to insure delivery of the Products, the Incoterm chosen shall be CIP (ICC Incoterms 2022). The Company is therefore responsible for complying with any and all import regulations and in the country of destination and for paying any import duties, and also to pay possible additional insurance.

The date of delivery indicated in the Order Confirmation shall be indicative. Conditions of shipping and transport are not guaranteed. Terms of delivery shall only commence upon the Confirmation of Order’s receipt.

Once the Products will be dispatched, you will receive a tracking number in order to monitor the delivery process.

Customers are obliged to accept partial deliveries at the discretion of the Company.

Purchases on the Site are shipped by FedEx, which we will arrange on your behalf and cost. For security reasons, the Company may require a signature upon delivery. Orders are processed and delivered by the Company to FedEx Monday through Friday, excluding holidays. Please note that estimated delivery dates are estimates only and are not guaranteed. The Company cannot be responsible for unanticipated delays.

Our Company does not deliver Products in the Countries and Areas listed in art. 4 par. 4 above.

7.Return policy for online purchases

In consideration of the following paragraphs, the Company shall remedy defects in the products or error in the manufacturing – with express exclusion of any kind of warranty for defects deriving from normal wear and tear and/or incorrect storage – which appear within a period of two (2) years from purchase date or within 1000 (a thousand) hours of work, whichever term comes first. You shall communicate to the Company the defects of the goods and the nature of the defect within 8 (eight) calendar days from the discovery of the defect for latent defects and within 8 (eight) calendar days from delivery for patent defects.

For any defect that you identify, you are required to notify the Company immediately. We are not responsible for any liability that results from your use of a product that you have identified as defective. If you identify a defect, you must stop using the product immediately. If you fail to notify the Company about any defect within the above-mentioned periods, you will lose the right to have the defect remedied.

The notice of defects in any of the products to the Company shall contain the description of the defect and pictures of the defects and shall be transmitted to the Company by e-mail. On receipt of the e-mail, the Company, once it has ascertained the claimed defects, shall at its sole discretion either issue a credit note or replace the Product.

The Company shall not be held responsible towards you and towards any third party for any defect, malfunctioning or damage to the Products caused by an incorrect use of the Products.

In case the pictures and/or information provided in the notice of defects are not sufficient for the Company to determine whether there is an actual defect in the products supplied or the alleged defect is related to incorrect use of the product, the Company may contact the Customer via e-mail or by phone in order to agree with him possible further modalities of evaluation on distance (including, but not only, requests of sending videos or videocall by webinar platforms).

For further warranty conditions, please refer to the Use and Maintenance Manual delivered with each Product.

8.Limitation of Liability

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, AND/OR TRADE PRACTICE.

THE COMPANY IS NOT LIABLE FOR LOSS OF PROFITS, USE, AND/OR ANY OTHER DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND/OR EXEMPLARY DAMAGES — FOR ANY REASON. ANY AND ALL CLAIMS AGAINST THE COMPANY OR ANY AFFILIATES OF THE COMPANY – REGARDLESS OF THE LEGAL REASON – SHALL BE BARRED AND EFFECTIVELY WAIVED SIX (6) MONTHS AFTER DISCOVERY.

We will not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability or delays in procuring or shipping product or obtaining permits and licenses, inability in procuring supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of us in the conduct of its business.

You acknowledge, agree and warrant that the purchase of the Companies good(s) and product(s) is for your sole benefit and not the benefit or any third party.

You agree that you will not divert, use, export or re-export the products contrary to United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes North Korea, Cuba, Iran, Sudan, Russia and Syria. You also expressly acknowledge and agree that you will not export, re-export, or provide the products to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List.

9.Product Disclaimers

Product specifications may reflect accepted industry terminology and standards used in Italy that could vary from commonplace meanings or may reflect the manufacturers best estimates of power, capacity and other usage capabilities and limitations or may reflect the capabilities of a product only under specific circumstances. Product specifications are not independently tested by the Company in every circumstance. Parameters provided in datasheets and/or specifications may vary in different applications and performance may vary over time. Product specifications do not expand or otherwise modify these sales terms, including but not limited to the warranty.

10.Restitution of the Products

The Company does not accept restitution or exchanges of products, unless:

– for defects in the Products subject to the existence of the conditions set under the warranty provision.
– in particular cases such as special offers, special direct agreements, for which will be specified restitution terms.

11.Payments

The price of the product (which includes sales tax if applicable, insurance and delivery costs as per art. 4 above) will be the price indicated in respect of the t the time of checkout and payment, and when it is further confirmed in the Order Confirmation. The Company will take all reasonable care to ensure that the price of the product advised to you is correct.

As a result of recent changes in the law, orders to be to the United States, you will be         charged sales tax on purchase price (unless you submit the exemption certificate for being qualified as a Reseller) and the extra charges of insurance, as you have elected.

It is always possible that, despite the Company’s best efforts, some of the products may be incorrectly priced. Product prices, specifications and availability are subject to change without notice. Prices do not include insurance or applicable sales tax. The custom duties will be borne by you. The Company will check prices before accepting your order so that, where the product’s correct price at your order date is different than as indicated on the Site, the Company will contact you and give you instructions before we accept your order. If the Company will be unable to contact you, the Company will treat the order as cancelled.

The Company accepts payment with Visa, MasterCard and American Express credit and debit cards or by Stripe. You are responsible and must pay for the products insurance, if requested by you, and sales tax before the Company accepts your order and dispatches any products ordered. The separate charges for insurance that we may charge will be shown on your invoice.

12. Copyright

Materials appearing on our Site are copyrighted by the Company unless otherwise noted, and may not be used without the written permission of the copyright owner. The Site is presented for commercial use. Materials presented at the Site may be downloaded and printed exclusively for private, noncommercial use, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of the Company. Trademarks appearing at the Site may be owned and/or registered by us or parties other than the Company, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of the Company or other parties. We will enforce our intellectual property rights to the full extent of the law.

The Company uses reasonable efforts to include accurate and up-to-date information on the Site, but does not warrant that it is free of errors or omissions. The Company will not be liable for any damages to the end-user, whether direct, consequential or incidental, arising from the end-user’s use of, or reliance upon, material presented at the Site. The Company will not be liable for any damages to, or viruses that may infect, your computer or related equipment as the result of your access to, use of, or downloading material from, the Site. The Company is not responsible for the contents of any off-site pages or any other sites linked to the Site.

IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.

13.Product availability

The products are crafted in Italy. Items for purchase online are subject to availability. As necessary, the Company reserves the right to limit the quantity of products supplied, supply only part of an order or divide up orders. The Company also reserves the right to alter the terms or duration of any special offers or sale promotion. The Company will inform you in case of unavailability to fill your order.

Please note that while you might have an item in your shopping bag, it is still available to other customers until your purchase has been completed.

14.Termination

The Company may end the contract of sale, under these sales terms, if you breach any of its terms. The Company may end the contract for a product at any time by writing to you if:

(a) you do not, within a reasonable time after we ask for it, provide us with information that is necessary for us to provide the products process the order, and arrange for the delivery of the products to you;

(b) you do not, within a reasonable time, allow us take any action that would prevent us from delivering the ordered products to you.

15.Applicable law and jurisdiction

The laws of Italy will govern these Terms & Conditions, without giving effect to any principles of conflicts of laws.

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. Seat of arbitration shall be Milan, Italy. Language of arbitration shall be English. The award shall be final and binding between the Parties. Costs of arbitration shall be finally borne by the losing Party.

13.Miscellaneous

The Company may transfer this agreement to any third party.

This contract is between you and the Company. No other person or entity shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Any delay in enforcing this contract shall not be considered as a waiver of the rights provided for the Company under these Terms and conditions of sale.

Certain links on the Site will allow you to leave the Site. These linked sites are not produced by the Company, and the Company is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by the Company as a service to its customers, and the links do not necessarily imply endorsement by the Company.

The videos provided on the Site, as well as all content in the “Knowledge Center” are for informational, educational and promotional purposes only (the “Informational Content”). It is your responsibility to ensure compliance with all applicable laws, rules, codes and regulations and the Company assumes no responsibility for the accuracy of the information contained in the Informational Content and disclaims any liability for omissions, errors or outcomes. If there is any question or doubt in regard to any element contained in the Informational Content, please consult a licensed professional. You may not rely on any information and opinions expressed in the Informational Content for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Informational Content. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on any Informational Content.