1. general provisions
These general conditions of sale (hereinafter, “General Conditions”) apply to all distance sales of “Yosono” products (hereinafter, “Products” or “Product”) carried out through the www.yosono website (hereinafter, “Website”).
Distance selling services described in these General Conditions are only available to consumers (hereinafter, “Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18 (or, if they are minors, duly authorized by their legal representative).
The language used to enter any contract through this Website is English.
Clients are required to carefully read the General Conditions, which have been made available on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions shall in any case be sent to the Client by email, as set out in Paragraph 7 of these General Conditions. Contracts with the Clients will be archived by Yosono with access for the Clients via the Website through their account.
Contracts entered into with Yosono (as defined below) through the Website are governed by English law.
2. identification of the vendor
The vendor is Never Vichi Srl, with registered office at Ascoli Piceno, Via Mutilati e Invalidi del Lavoro 102, Italia, VAT number 02368650442 (hereinafter, “Yosono”).
3. information on products and their availability
Information on Products, along with the relevant product codes, are available on the Website.
The Website does not contain every Product. The Products available on the Website are a selection of items normally available in stores such as bags, shoes, leather goods, luggage, clothing, jewellery, watches, sunglasses, accessories and luxury goods. Depictions of the Products displayed on the Website may not correspond to their actual appearance. For any further information, the Client may contact the nearest authorised Yosono store. Not all Products described on the Website are or will be available from all Yosono stores.
All the Products are subject to availability. Yosono reserves the right at any time to alter limits on quantities and/or types of Products available online from the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the transaction process, an automatic response will inform the Client when the order will be fulfilled or if the order cannot be processed due to the unavailability of the ordered Product.
The prices of the Products are indicated on the Website in Euro and are inclusive of all applicable taxes and charges. Delivery costs shall be added to the price of the Products and are indicated separately on the order form.
Yosono regularly verifies that all the prices displayed on the Website are correct, however, cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Yosono shall offer the Client the opportunity to purchase the Product at the correct price or to cancel the order.
The information displayed on the Website does not represent an offer by Yosono.
The essential characteristics and the price of each Product are provided for each Product displayed on the Website.
If Clients need to correct any errors in data they have entered, they should follow process provided on the Website, before sending their order proposal. In particular, Clients may alter the quantity of Products that they intend to purchase by adding or removing one or more Products from their “shopping bag”.
By sending an order proposal to Yosono, the Client acknowledges and declares that (s)he has read all the instructions provided during the purchase procedure and fully accepts these General Conditions.
6. method of payment
Clients may pay for the Products and the relevant delivery charges by credit card or by bank transfer.
Yosono also accepts payments made by bank transfer to the following IBAN code: IT53G0312424400000000231138, Banca Del Fucino F.le San Benedetto Del Tronto (AP) , BIC: BAFUITRRXXX. All costs and expenses (including bank charges) associated with the bank transfer, invoiced, as the case may be, to the Client by his/her bank, shall be borne by the Client.
In the event that, for any reason, it is impossible to debit amounts due from the Client, the transaction shall be stopped and the sale cancelled.
7. conclusion of the contract
The contract between Yosono and the Client shall be deemed to be executed at the moment that the Client receives confirmation from Yosono that his/her order proposal, sent through the process set out on the Website, has been concluded successfully, once the availability of the Product has been verified and the price for the purchase has been debited to the Client’s credit card or in the case of payment by bank transfer, confirmation of the receipt of the bank transfer in cleared funds has been received by Yosono. The Client’s order proposal shall be binding on Yosono when the Website purchase procedure is completed without error.
Yosono reserves the right to partially fulfil any order proposal in the event that one or more of the Products ordered by the Client is not available. In such cases, only the sum relating to the partially fulfilled order proposal shall be debited.
Yosono shall not be liable for errors due to the Client’s connection to the Website.
At the moment of confirmation of the order or execution of the contract, Yosono shall provide the Client, by email, a summary of the General Conditions, information on the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of cancellation, including information on the exclusion of the right of cancellation for personalised Products, the address to which complaints may be addressed, information on support services and on existing commercial terms. The Client should immediately review this communication and notify Yosono of any errors or omissions immediately.
8. invalidity of the order proposal
Notwithstanding the provisions of Paragraph 7 above, no order proposal shall be considered as accepted by Yosono nor shall any contract be concluded between Yosono and the Client if Yosono has reasonable reason to believe that the Client:
(i) intends to purchase the Products for commercial or professional purposes;
(ii) is not a bona fide Client; or
(iii) attempts to exercise a right of cancellation in any illegitimate manner.
In such cases, the order proposal sent by the Client shall be void and have no effect. Yosono shall notify the Client, by email, of its non-acceptance of the order proposal and the failure to conclude the contract and shall also cancel any debit and/or charge against the Client.
9. transport and delivery
For security reasons, Products purchased from the Website shall be delivered to the address registered on the credit card unless otherwise indicated by the Client. The signature of the Client or of a nominated adult over 18 years of age will be required at the time of delivery. Yosono cannot deliver to PO boxes.
In case of payment by bank transfer, deliveries shall be sent once the transfer has been received in cleared funds by Yosono.
For each order, Yosono shall invoice the Products by email or by post to the Client. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after it has been issued.
Delivery charges shall be borne by the Client and are indicated separately on the order form and invoice.
All purchases shall be delivered by a selected courier service (e.g. UPS Express) (hereinafter, “Courier”) between Monday and Friday excluding Saturdays, Sundays and local or national holidays, from the day after order proposal confirmation, on the basis of the indicated availability. Yosono is not responsible for delays that are unforeseeable and/or attributable exclusively to the Courier.
In all cases, except those of events beyond the reasonable control of Yosono or unforeseeable circumstances, Products shall be delivered within 30 (thirty) days from the day following that of the contract conclusion as per Paragraph 7.1 above , unless Yosono notifies the Client, including by email, within the same term or by the last date agreed for delivery, of the ordered Products being unavailable, including temporarily unavailable. In this event, Yosono shall reimburse any sums paid by the Client in respect of the order.
In the event that, in response to Yosono’s notification of a delay in the delivery, the Client wishes to cancel the order, any amount already paid by the Client shall be reimbursed as soon as possible, in all cases no later than 30 (thirty) days of the date of receipt of the Client’s notification of cancellation of the order, with the exception of personalised Products, which are subject to Paragraph 12 below.
The Client or his/her nominated representative must be present at the delivery address indicated on the order for delivery of the Products. At the time of delivery of the Products by the Courier, the Client is required to verify:
(i) that the number of items being delivered corresponds to that indicated on the delivery note; and
(ii) that the packaging and its seals are intact, undamaged, not wet or altered in any manner. Any damages to the packaging and/or the Product, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the consigned parcel.
10. dispatching and delivery confirmation
Yosono shall send the Client a confirmation email once the Products are dispatched and a further communication once the Products have been delivered.
11. wrapping or packaging
Products purchased from the Website are delivered with the same Yosono standard packaging as provided in Yosono stores.
12. personalised products
In accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000, subject to Paragraph 15 below, the right to cancel, which would otherwise be available, does not apply to orders for personalised Products, such as, for example, those with the Client’s initials engraved on the Product. The Client is aware that images on the Website do not necessarily correspond to reality: images and photographs of the engraving may not reflect the actual appearance of the final product.
13. right of cancellation of orders
Yosono seeks the complete satisfaction of its Clients. The Client has the right to cancel the contract without specifying any reason, by returning the Products purchased from the Website within 10 (ten) working days of the date the Products were received. This applies to all Products other than the personalised ones, which are subject to Paragraph 12.
To exercise the right of cancellation, the Client should email the following to info@yosono
- an indication of his/her intention to exercise the right of cancellation;
- an indication of the products for which the client wishes to exercise the right of cancellation;
- the order number; and
- in the event that the client purchased the products by bank transfer, the client’s bank details to which the reimbursement is to be made.
Upon exercising the right of cancellation, Yosono shall reimburse the full price of the Products provided that they are returned by the Client unworn, unused and undamaged, accompanied by the relevant original invoice and the original Yosono packaging. Yosono shall accept returns and exchanges of Products that have been delivered with a return/exchange label or adhesive or seal only if the instructions for return indicated above are fully complied with and the label or adhesive or seal is intact and attached to the Product.
Yosono reserves the right to refuse returns of Products that do not comply with these requirements. In cases of defective Products, the provisions of Paragraph 15 “Lack of conformity” shall apply. Reimbursements shall be made by the same method of payment used for purchase. Products purchased online cannot be reimbursed or exchanged for money at Yosono stores. However, such Products may be exchanged for other Products at stores operated directly by Yosono, with the exclusion of outlet stores, corners, franchisees and duty free and subject to availability.
The cost of returning the Products shall be borne by the Client. Any cost sustained by the Client in the return of Products is not refundable.
Each delivery shall contain simple instructions for the return of the Products.
Yosono undertakes to reimburse the Client within 30 days of the date of receipt of the Client’s notification of cancellation of the order.
Yosono shall send a notification email once the reimbursement has been made.
It is recommended that the Products be returned using a courier, insuring the entire value of the item and using a tracked delivery service. Yosono cannot be responsible for reimbursement or compensation of Products returned but not received by Yosono due to loss, theft or damage that is not attributable to Yosono.
If a Client wishes to amend or cancel an order already made, he/she must immediately send an email to info@yosono. This e-mail must be sent before the Client receives confirmation of dispatch by Yosono.
Yosono shall make every effort to satisfy the Client’s request. However, once the Product has been dispatched, the order cannot be cancelled or amended. Dispatched Products can however be returned as set out in these General Conditions. This Paragraph does not affect your statutory rights as a consumer.
14. replacement of products
Yosono allows Clients to replace Products purchased on the Website.
To replace a Product purchased on the Website, Clients should follow the procedure set out below.
Clients who are not fully satisfied, or who believe there is a discrepancy in their order must keep all the documentation relating to the delivery and the Product itself in its original packaging, and immediately contact Yosono by email at info@yosono, following the procedure set out in Paragraph 13 above.
The Product to be replaced must be received by Yosono in its original conditions as when delivered, as provided in Paragraph 13.3.
Under the replacement procedure, the amount paid by the Client shall firstly be reimbursed, through the payment system used by the Client for the purchase, as set out in Paragraph 6, before the new transaction can be made.
To replace a Product, Clients must fill in the form provided with each delivered Product, clearly indicating the code and the size of the new Product that the Client wishes to receive.
The placement of the new order is subject to the availability of the Products requested.
Delivery costs for the return of the Product are borne by the Client.
In the event that the Client is seeking replacement due to lack of conformity pursuant to Paragraph 15 below, the replacement Product shall be sent to the Client by courier without any additional delivery charge.
15. lack of conformity
If a Product sold by Yosono has manufacturing defects or in any case of alleged lack of conformity of Products sold by Yosono, the Client must immediately contact Online Support by email to info@yosono, or by post to the following address:
Never The Same Srl
Via Mutilati ed Invalidi del Lavoro, 53
63100 Ascoli Piceno
Attn.Online Sales Assistant
The Client has the right to have the Products brought into compliance free of charge by repair or replacement, or, in case of failure of one of the remedies above, to have an appropriate reduction made in the price of the Products, or the contract cancelled.
16. errors or inaccuracies
Yosono undertakes to provide up to date information in the sections of the Website relating to the description and/or sale of the Products. However, Yosono cannot guarantee the Website will be error free. The Website in question may contain typing errors, inaccuracies or omissions, for example relating to the price or availability of the Product or in the information provided on the Product. Yosono reserves the right to correct such errors, inaccuracies or omissions, even after an order proposal has been sent, and also reserves the right to change or update information at any time without prior notice.
17. guarantee of authenticity and intellectual property rights
Yosono guarantees the authenticity of all Products purchased on the Website. Products bearing the Yosono trademark are produced with the best materials, are manufactured by artisans, and are all rigorously and fully MADE IN ITALY.
The “Yosono” trademark, together with the set of figurative and non-figurative trademarks, service marks, present in the Products, the relevant accessories and/or packaging, marks consisting of shapes of goods, that are subject to registration or otherwise, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive use of the company of Yosono Srl.
18. Yosono’s liability
Subject to Paragraph 18.2, Yosono will not be liable under these General Conditions for any loss or damage caused by Yosono or its employees or agents in circumstances where:
there is no breach of a legal duty of care owed to the Client by Yosono or by any of Yosono’s employees or agents;
such loss or damage is not a reasonably foreseeable result of any such breach and so is an indirect or consequential loss, and
any increase in loss or damage results from breach by the Client of any term of these General Conditions.
Nothing in this agreement excludes or limits Yosono’s liability for:
death or personal injury caused by Yosono’s negligence;
fraud or fraudulent misrepresentation;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
defective products under the Consumer Protection Act 1987; or
any other matter for which it would be illegal for Yosono to exclude or attempt to exclude its liability.
19. applicable law and competent jurisdiction
These General Conditions are governed by English law and shall be interpreted in accordance with English laws.
Any disputes arising from the interpretation, validity and/or execution of these General Conditions shall be subject to the mandatory territorial jurisdiction of the competent court of the place of residence or domicile of the Client/consumer.
For assistance in purchasing online or more information about Yosono products on yosono, you may contact the Yosono Client Assistance team at the following e-mail address:
info@yosono or call +39 0276025820
Our Client Assistance team is available by phone between 9 AM and 6 PM, Monday through Friday.
You can reach yosono by mail at:
Via Mutilati ed Invalidi del Lavoro, 108
63100 Ascoli Piceno
Attn.Online Sales Assistant
All other information requests in Europe can be sent to the following address info@yosono
For other regions, please contact the nearest Yosono boutique.