Terms and Conditions

Effective from 2022: November, the 3rd

Intro – Terms and Conditions

From now on, the term “Site” identifies the following entities in this information:

• all domains of any level made accessible through the primary domain “yawclub.com”

• all websites published with the domain “yawclub.com” and related secondary level domains, including: “news.yawclub.com”, “store.yawclub.com”, “yawclub.com”, “yawclub. com “,” public.yawclub.com “,” private.yawclub.com “,” static.yawclub.com “and related domains.

• applications present within the App Store platforms (virtual store created by Apple available for iPhone, iPad and Macintosh that allows users to search and download applications) and Google Play (also known as Google Play Store and formerly Android Market, is a of digital distribution managed and developed by Google LLC) identified in them by the name “YawClub”. From now on we will denote with “YawClub iOS” the application present in the Apple Store (App Store) identified in it by the name “YawClub”. From now on we will denote with “YawClub Android” the application present in the Google Store (Google Play) identified in it by the name “YawClub”.

From now on, the term Owner (or Us or Seller) will indicate Sydea S.R.L., with registered office in Via Edith Stein, Castel Maggiore (BO) 40013 IT, Chamber of Commerce of Bologna, with VAT no. 08215181218 – (VAT IT08215181218)

These general conditions govern the use of the Site and any other legally binding or contractual relationship between the Owner and the user (or the natural person who has registered on the Site) governed by these General Conditions, or legal relationship with the Owner in binding manner.

Object

This disclosure deals with the articles that regulate the use of the Site and any sales activity presented therein. In particular, the sales areas will be as follows:

• Subscription plans: all the features included, the offers presented and the specific consents in these subscriptions are visible and described on the Site in the appropriate section, called “PREMIUM”. Where the “COMING SOON” item is present, the single functionality will not be present at the time of subscription, but will be added later by and no later than the calendar year in which the subscription is made. The subscription plans are divided into three categories:
  • Basic
  • Standard
  • Premium
    
    

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.

1.3 The General Conditions of Sale can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.

1.4 The applicable General Conditions of Sale are those in force on the date the purchase order is sent.

1.5 These General Conditions of Sale do not regulate the sale of products and / or services by parties other than the Seller who may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with these subjects, it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and / or for the sale of products by such subjects. On the websites accessible through these links, the Seller does not carry out any checks and / or monitoring. The Seller is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.

1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, even during the purchase procedure.

1.7 The forwarding of the purchase order constitutes acceptance of these General Conditions of Sale.

Art. 2. Purchases on the Site

2.1 The purchase on the Site can take place after registering on the Site and is allowed only to users who are consumers. Pursuant to art. 3, I comma, lett. a) of the Consumer Code, it is recalled that a natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out is a consumer.

2.2 In the case of orders, coming from anyone, which are anomalous in relation to the quantity and / or frequency of purchases, the Seller reserves the right to take all the necessary actions to stop the irregularities.

2.3 The Seller reserves the right to refuse or cancel orders that come from:

• by a user with whom the Seller has an ongoing legal dispute

• by a user who has previously violated the General Conditions of Sale

• by a user who has been involved in crimes

• by a user who has released false, incomplete or in any case inaccurate identification data or who has not promptly sent the documents requested by the Seller to the Seller or who has sent invalid documents.

2.4 Terminology – subscription plans:

• Subscription plan: Nominal purchase order that reflects a set of functions made available by the Site following a pre-sale or in any case a purchase by the user, or the natural person who has registered on the Site. Only the Site determines what will be the economic conditions applied to each subscription plan and they will not be subject to any negotiation.

• Subscription to a subscription plan: Moment in which the choice of the subscription plan and its selection takes place within the Site, followed by visual confirmation, always within the Site.

• Purchase of a subscription plan: Sending the purchase order relating to the subscription plan subscribed. The conditions for sending this order are governed by these Articles 6, 7, 8, 9 and 11.

• Renewal of a subscription plan: Each subscription plan will be automatically renewed at the purchase price available at the time of the end of validity of the subscription plan. If one or more discounts were applied by the Site at the time of the first subscription to the subscription plan, they may not be applied at the time of renewal.

• Cancellation of the subscription plan: Waiver of the set of functions made available by the Site, following the presale or in any case the purchase of the subscription plan by the user, or the natural person who has registered on the Site. cancellation of a subscription plan the set of functions made available by the Site (given the presale or in any case the purchase of the subscription plan by the user, or the natural person who has registered on the Site) will no longer be usable and / or visible to the user himself. Each subscription plan subscribed and purchased can be canceled or canceled. Canceling a subscription plan does not entitle you to any refund. The renunciation of the set of functions as described above takes place starting from the end of validity of the subscription plan itself and no automatic renewal will obviously be applied.

2.5 The Site includes In-app Purchases that allow you to buy yearly Subscriptions. In-app payment to purchase content is included in the application, and payment methods depend on the app store provider. For more information about how you can disable and/or manage in-app purchases, please refer to the terms and conditions of the corresponding app stores.
You acknowledge and agree that all billing and transaction processes are handled by the Application Store from where you downloaded the Application and are governed by that Application Store’s own terms and conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
End-User’s are responsible for paying all taxes and fees associated with your In-App purchases.
All In-App Purchases may be used within the Site only and cannot be redeemed outside of the Site, exchanged for cash or other consideration, or be transferred to any other user or person.
All In-App Purchases made through the Site are your responsibility.

• Introductory price: All subscription plans have a launch price lower than the basic price of the single subscription. The introductory price is only valid for the first subscription of any subscription plan. All subsequent purchases will have the base price of the subscription plan.

• Change of a subscription plan: The change of a subscription plan is always possible within the Site. If you upgrade to a lower subscription plan than you already have, you will continue to use the functionality of the higher offer until the end of your previous subscription plan. If you switch to a higher subscription plan than the one you already have, you can immediately take advantage of the features provided in the chosen subscription plan.
  For the management of subscription plans via your device, please refer to the terms and conditions of the respective Application Store.
  
  

Art. 3. Registration on the Site

3.1 To register on the Site, you must fill out the appropriate form, entering the following data (not necessarily in this order):

name (mandatory data for registration purposes): Name of the user or of the natural person who makes the registration.

surname (mandatory data for registration purposes): Surname of the user or of the natural person who makes the registration.

username (mandatory data for registration purposes): string chosen in preference by the user or by the natural person who makes the registration intended as a single word with a length between 4 and 20 characters, containing only letters and numbers.

email (mandatory data for registration purposes): email address belonging to the user or to the natural person making the registration. The site will only verify the format of the string of characters that the user enters in the appropriate field, if the address is subsequently invalid, non-existent or in any case not reachable due to technical / administrative disruptions of both mail providers, both outgoing and in entry, this address will not be considered valid for registration purposes. The registration procedure will therefore be interrupted and the Site will reserve the right to delete the registration data associated with this email address.

password (mandatory data for registration purposes): string chosen according to the preference of the user or of the natural person who makes the registration intended as a single word with a minimum length of 8 characters containing at least one capital letter, one lowercase letter and one number .

birthday (mandatory data for registration purposes): Date of birth of the user or of the natural person who makes the registration. The date of birth will be considered valid only if the difference between the registration date and the date of birth is greater than or equal to sixteen years. In particular, the minimum age required for registration on the Site is sixteen.

country (mandatory data for registration purposes): nationality of the user or of the natural person who makes the registration.

phone number (optional data for registration purposes): mobile phone number of the user or of the natural person who performs the registration.

region/province (optional data for registration purposes): region or province of the user or of the natural person who makes the registration.

3.2 You undertake to immediately inform the Seller in the event that you suspect or become aware of an improper use or undue disclosure of your login credentials to the Site.

3.3 The registered user of the Site guarantees that the personal information provided by him is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by part of the user of the rules on registration on the Site or on the conservation of registration credentials and / or the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the right of the Seller to disable the user’s account. In particular, each user during registration will confirm that they have read this information together with the information on the regulation of personal data (privacy). Furthermore, each user declares to have a minimum age of 16 years.

Art. 4. Information aimed at the conclusion of the contract

4.1 In accordance with the Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:

• to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site

• the contract is concluded when the order form reaches the Seller’s server.

• once the order form has been received, the Seller will send you the order confirmation to the e-mail address indicated, containing:

  1. information relating to the characteristics of the purchase

  2. the price indication

  3. the indication of the payment method used

  4. (if applicable) information on the right of withdrawal

  5. (if applicable) the standard withdrawal instructions and the standard withdrawal form.
     
     

Art. 5. Services Description

5.1 The description of the Services rendered by the Site is for illustrative purposes and therefore must be understood as indicative and with the tolerances of use.

Art. 6. Prices

6.1 All the prices of the Products published on the Site are inclusive of the Value Added Tax.

6.2 The Seller reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that it will not be held. account of any changes (increase or decrease) subsequent to the transmission of the same.

6.3 The use of discount vouchers is governed on the Site according to the following principles:

• If the value of the discount voucher is lower than that of the order, the remaining sum can be completed according to the payment methods provided on the Site

• Discount vouchers cannot be combined with each other for a single purchase

• Discount vouchers can also be used for payments of expense amounts lower than their value; in this case the remaining discount amount cannot be re-credited and is considered lost

• Each discount code can be used for one purchase only

• In no case do discount vouchers entitle you to change in the case of purchases of a lower amount

• Any products for which it will not be possible to use the discount vouchers will be duly reported on the Site

• In the event of cancellation, for any reason, of an order for which a discount code has been used, the relative amount will be credited back to the customer in the form of a new discount code.

• In no case can discount vouchers be redeemed for cash.
  
  

Art. 7. Purchase orders

7.1 The Service you have chosen will be carried out only after the payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.

7.2 The purchase contract is subject to an express termination condition; therefore, failure to pay the Total Amount Due determines its immediate cancellation. Unless otherwise agreed in writing with you, the order will consequently be canceled

7.3 In order to send a purchase order, it is necessary to read and approve these General Conditions of Sale by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.

Art. 8. Terms of payment

8.1 The following payment methods are allowed on the Site:

• Payment card

• PayPal

8.2 The Seller accepts the credit cards of the circuits:

• VISA

• MasterCard (Cirrus Maestro)

• PostePay

• American Express

They are, in any case, indicated in the footer of each page of the Site.

The charge will be made only after:

1. the details of your payment card used for payment have been verified

2. the company issuing the payment card you used will have issued the debit authorization.

In application of Directive 2015/2366 / (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution in charge of manage the online payment transaction. The authentication criteria refer to the user’s identity (to satisfy this criterion the user must be registered on the Site during the purchase operation) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may result in the impossible finalization of the purchase on the Site.

The confidential data of the payment card (card number, holder, expiration date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller, therefore, never has access to and does not store, even if you choose to store such data on the Site, the details of your payment card used to pay for the Products.

The charge will be made at the time of order transmission.

8.3 On the Site it is also possible to make purchases through the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected with this account.

In the case of payment by PayPal, the Total Amount Due will be charged to you by PayPal at the same time as the conclusion of the contract through the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of the refund due to you will be credited to your PayPal account. The credit times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.

Art. 9. Right of withdrawal

9.1 In the event of a purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal in accordance with the combined provisions of the articles. 52 and 55 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site they are:

• provided digital content through a non-material support (e.g. sale of gamepasses)

• sold contracts for services already fully performed, with the express agreement of the consumer, and started before the expiry of the 14-day term for withdrawal.

9.2If you are a consumer, you have the right to withdraw from the service purchase contract without giving any reasons and without incurring costs other than those provided for in this article within the term of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days from the conclusion of the purchase order for the Service. To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw. You have exercised your right of withdrawal within the Withdrawal Period, if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent using one or more of the contacts on the Site. It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with you, it is in the Your interest in using a durable medium when communicating your withdrawal to the Seller. If you withdraw from the contract, the Seller will refund the Total Amount Due without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give the right to any refund. The request to withdraw from the contract will therefore be rejected.

Art. 10. Legal Guarantee

All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by Articles. 128-135 of the Consumer Code (Legal Guarantee).

The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.

The Seller is liable to the consumer for any lack of conformity of the Product which occurs within two years of such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the guarantee, within two months from the date on which it was discovered.

Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the consumer’s responsibility to prove that the lack of conformity already existed at the time of delivery of the same.

In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It will therefore be appropriate for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the bank statement of the payment card) and the date of delivery.

In case of termination of the contract, the Seller will return the total amount paid to the consumer, consisting of the purchase price of the Product and any shipping costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Seller is not liable in the event of damage, of any nature whatsoever, deriving from the use of the Product improperly and / or not in accordance with the instructions provided by the manufacturer as well as in the event of damage deriving from unforeseeable circumstances or force majeure.

Art. 11. Purchase Contracts

11.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.

11.2 Please note that in the case of a consumer user, the Court of Bologna is competent for any dispute relating to the application, execution and interpretation of this document.

11.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who holds the status of consumer referred to in art. 3, paragraph 1, lett. a) of the Consumer Code, which, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the body or to Alternative Dispute Resolution bodies for the out-of-court resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether intends to use these bodies or not to resolve the dispute.

11.4 The Seller also informs the user who holds the status of consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.

11.5 In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale, whatever the outcome of the out-of-court settlement procedure of disputes relating to consumer relationships through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

11.6 The user who resides in a member state of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.

Art. 12. Customer service and complaints

It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:

by filling in and sending the form available at the following link ” https://yawclub.com/static/docs/r/claim_en.pdf” by email, to the following address: complaint@yawclub.com

The Seller will respond to complaints submitted within 2 days of receiving them