Terms of Use

Welcome to the Terms of Use! Please take a few minutes to read these important terms and conditions (Terms).

I. Introduction

These Terms govern the use of online services provided by A.M.U. INVESTMENTS SIM S.P.A. and its affiliates (We), including websites, mobile applications, photography services, Auto-Reorder and Save, recipe reminders, in-store wifi, A.M.U. Content (as defined in Section 2) and other services (Services). The Services are intended for users residing in Italy who are 18 years of age or older (or 13 years or older, with the consent and supervision of a parent or guardian). If you do not fall within the target audience or do not agree with these Terms, you cannot use our Services. These Terms constitute a binding agreement between you and us, and by accessing any Service in any way, you agree to be subject to all of them, including, among others, dispute resolution through binding arbitration, execution of this transaction electronically, waiver of warranties, exclusion and limitation of damages and remedies, and the choice of Italian law.

From time to time, we may update the Services and these Terms, and such changes will apply prospectively. Your use of the Services after we publish any changes to these Terms constitutes your acceptance of such changes. You agree to review these Terms periodically to ensure you are familiar with the most recent version. We will notify you of any important updates to the Terms. We may, at our sole discretion and at any time, discontinue the Services or any part thereof, with or without notice, or prevent your use of the Services with or without notice. You agree that you have no rights to the Services and that we will have no liability to you if the Services are discontinued or if your ability to access the Services (including any content you have posted) is deleted.

II. Information We Display

We own or license all content within the Services, including, among others, text, images, icons, data, software, registered trademarks, trade dress and User Content (as defined in Section 3) (collectively, A.M.U. Content), and you may access and use it exclusively for your personal, non-commercial purchasing and informational purposes. A.M.U. Content may be protected by copyright, patents, trademarks and other national and international rights, and all rights, titles and interests are reserved by their respective owners. Copying, publishing, disseminating, modifying, distributing or transmitting any A.M.U. Content in any way without our prior written consent is strictly prohibited.

Although we work hard to provide a superior customer experience, we cannot guarantee that all A.M.U. Content we display is correct, complete or up-to-date, including product prices, images, information and availability.

We may display or allow users to create User Content, or link to third-party sites and materials. We do not supervise, verify or endorse User Content or third-party sites or materials, and we hereby disclaim any liability regarding them. Use of any third-party site is subject to the terms of use and privacy policies applied by said third party. Any health-related information is provided to enhance your experience, but is not intended to constitute medical advice or diagnose, treat, cure or prevent any medical condition. If you have questions about your health or treatment, contact your pharmacist or other medical professional.

III. Your Actions

To ensure a positive experience for all users, you agree not to: (i) use or exploit the Services for any illegal, defamatory, libelous, false, deceptive, harassing, abusive, obscene, vulgar, pornographic, intrusive into another person's privacy, harmful to our interests or those of our users, or inappropriate regarding race, gender, sexuality, ethnicity or other intrinsic characteristic; (ii) upload, post, reproduce, distribute, transmit, transfer or use in any way information, software or other material protected by intellectual property, advertising or privacy rights (including our trademarks and trade dress) without first obtaining permission from the owner of such rights; (iii) collect or store personal data of other users; (iv) reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works, impersonate or otherwise exploit any part of the Services (including any software we make available) for any purpose, unless we expressly approve it in writing; (v) upload, post, email or otherwise transmit any advertising or promotional material, or any other form of unauthorized solicitation or communication; (vi) undertake or facilitate any effort to disrupt, modify, limit, interfere, commercially exploit or negatively impact the functionality of the Services, nor use or exploit the Services in any way not expressly permitted by these Terms; (vii) delete, alter, obscure or render unintelligible any proprietary notice; (viii) implement or use any automated method of content collection from our site, such as robots, crawlers and data extraction mechanisms. (Sections (i) to (viii) collectively referred to as "Prohibited Use"). To protect our interests and those of our users, we may monitor, modify, terminate and disclose to third parties (including authorities) your use of the Services (including User Content) at any time.

You may create or submit designs, photos, product reviews, written posts and other content ("User Content"). You agree that: (i) you will not display or provide User Content that contains personal information or the image of another person, that violates the privacy or publicity rights of any person or entity, or any content that is under a contractual obligation to keep private or confidential; (ii) you will not impersonate any person or organization (including us) nor misrepresent your affiliation with another person or organization; (iii) you will not post or upload any User Content that constitutes Prohibited Use. Notwithstanding the above, these Terms in no case limit your rights under applicable consumer review transparency legislation.

By displaying, posting or sharing any User Content in the Services, or expressly accepting our request to use your User Content, you grant us a perpetual, non-exclusive, sublicensable (through multiple levels), global, fully paid and royalty-free license to use said User Content (including, among others, modifying it, publicly performing it, publicly displaying it, reproducing it, creating derivative works and distributing it for any purpose) in any medium known or developed in the future, without the need for payment to third parties, without requiring third-party authorization or without the need for attribution. You retain all ownership rights to your User Content and can use it as you wish, subject to these Terms and the license described here, although for the purposes of this Section, you waive all moral rights to said content. You declare and warrant that: (i) you own the User Content you provide, post or share in the Services, or have the right to grant the license set forth herein; (ii) the publication, provision or display of any User Content you provide, and our use of said content in accordance with these Terms, will not violate any applicable law nor any privacy, publicity, copyright, trademark, patent, contract or other rights of any person or entity. Furthermore, you understand and agree that you have no ownership rights to any account you may have with us, nor to access to the Services or their features. We may delete and terminate any account or User Content at any time without notice. We assume no responsibility for the deletion of information from our Services and we reserve the right to permanently restrict access to the Services or any user account.

If the Services require you to create an account or provide personal information, you agree to submit accurate and complete information, and to update it as necessary. You are solely responsible for the security and activities of your account and you must notify us if you suspect unauthorized use. We are not responsible for any loss you may suffer as a result of the use of your account or password by another person, either with or without your knowledge, nor for any delay in deactivating your account after you report a security breach.

IV. Specific Service Terms

The Services we provide may be subject to additional policies, such as a return policy, gift card policy, myA.M.U. Terms and Conditions, or other terms. You can get more information about those services and policies here.

If you make a purchase, you declare that we and our service providers are authorized to use the information you provide (including payment method information) to complete the transaction. YOU DECLARE AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD USED IN ANY TRANSACTION. Our confirmation of an order means that we have received your order request, but not that your order has been accepted, shipped or that the price or availability of an item has been confirmed. We reserve the right to change the price of an item until the time of shipment. Title and risk of loss transfer to you when we deliver the order to the carrier. Notwithstanding the above, we reserve the right to cancel or limit any order for any reason. Prices, promotions, offers and product availability are subject to change without notice.

If you participate in the myA.M.U. program, such participation is governed by the myA.M.U. Terms and Conditions.

If you choose to upload images and create products to purchase through our photography services, you agree that you are solely responsible for said User Content and that you will notify us regarding any content you consider to be Prohibited Use. To facilitate the use of photography services, we may offer reasonable temporary storage space to active users, as we determine at our sole discretion.

If you create an automatic recurring order through our Auto-Reorder and Save program, the additional terms of this paragraph apply. Your initial order will be delivered by the shipping method you select, and all automatic orders will be sent via free standard shipping. Your initial order will cost the amount shown at the time of purchase, and all automatic orders will be charged according to the prevailing sale price at that time or the current Auto-Reorder and Save discount, whichever is lower. Your orders will continue to be shipped until you cancel or modify them. Your payment method will continue to be charged until you cancel or change it. The price of your initial order is not guaranteed for automatic orders. If the advertised price of one of your items changes, such price change will also apply to items scheduled for Auto-Reorder. You will not be notified of price changes before your automatic orders are processed and shipped. myA.M.U. Cash rewards may be earned on any order, subject to the myA.M.U. Terms and Conditions, but cannot be redeemed on automatic orders. To view and manage your automatic orders, log into your account and click on Auto-Reorder Manager. You can cancel or skip an automatic order at any time before the deadline indicated in the Auto-Reorder Manager. For more information, click here or contact us here or at +39 06 1234567.

If you choose to access in-store wifi services that we may provide, you agree that you are responsible for all activities that occur on your device.

If you download one of our mobile applications, these Terms constitute an end user license agreement, and you agree to act in accordance with the end user license agreements and policies applied by your wireless service provider and the operating system provider (including the terms set forth in their respective app stores). You agree to be solely responsible for any costs incurred to access our mobile applications. You may need to send and receive, at your expense, electronic communications related to the Services offered through our mobile applications, including, among others, administrative messages, service announcements, diagnostic data reports and updates. If you do not have an unlimited mobile data plan, you may incur additional costs from your wireless service provider in relation to your use of these Services. You are solely responsible for obtaining any additional subscription or connectivity services, or equipment necessary to access these Services, including, among others, payment of all third-party fees associated, including fees for information sent through these Services. We may, at our discretion, automatically download updates to our mobile applications to your device from time to time. You agree to receive these updates and pay the costs associated with them. Our mobile applications may not be compatible with all devices or all mobile service providers.

If you download and use one of our mobile applications available through the Apple platform, you, the end user of these Services, acknowledge that this agreement is entered into between A.M.U. INVESTMENTS SIM S.P.A. and its subsidiaries and affiliates, and you, and not with Apple, Inc. Apple, Inc. is not responsible for the Services. Notwithstanding the above, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation to maintain or provide support for the Services. Furthermore, you acknowledge that you have reviewed and accepted the App Store Terms and Conditions (located online at https://www.apple.com/legal/internet-services/itunes/it/terms.html), including the Rules of Use established therein. This agreement incorporates by reference the Licensed Application End User License Agreement (EULA) published by Apple, Inc. (located online at https://www.apple.com/legal/macapps/devstdeula). For the purposes of this Agreement, our mobile application-based Services are considered the Licensed Application as defined in the EULA, and A.M.U. INVESTMENTS SIM S.P.A. is considered the Application Provider as defined in the EULA. If any of the Terms set forth herein conflict with the terms of the EULA, these Terms shall prevail. In the event that the Services do not comply with any applicable warranty set forth in this document, you acknowledge that, to the maximum extent permitted by applicable law, Apple, Inc. will have no other warranty obligation regarding the Services, and any other claim, loss, liability, damage, cost or expense attributable to any warranty failure will be your responsibility. Furthermore, you acknowledge and agree that in no event shall Apple, Inc. be liable for any claim relating to the Services (including, without limitation, a claim by a third party that the Services infringe said third party's intellectual property rights) nor for your use or possession of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services do not comply with any applicable legal or regulatory requirement; and (iii) claims that arise under consumer protection or similar legislation.

V. Privacy

By providing the Services, you may provide, and we may automatically collect, information about you and your use of the Services, including, without limitation, your real-time location, MAC address and IP address. Our collection and use of such information is governed by our Online Security and Privacy Policy and our Privacy Practices Notice.

VI. Disclaimers, Limitation of Liability and Indemnification

We provide the Services (including, without limitation, all A.M.U. Content, User Content and any other content) as a service to you. THESE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR LEGAL, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. THIS DISCLAIMER INCLUDES, AMONG OTHERS, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY, SECURITY, AVAILABILITY, ACCURACY, QUALITY, ADEQUACY, INTEGRITY, NON-INFRINGEMENT OR THAT THE SERVICES ARE FREE FROM ERRORS OR DEFECTS. BEFORE USING ANY PRODUCT, YOU MUST CONFIRM ANY INFORMATION IMPORTANT TO YOU ON THE PRODUCT PACKAGING. WE ARE NOT RESPONSIBLE AND DISCLAIM ANY LIABILITY REGARDING ALL USER CONTENT, ANY USER AND ANY THIRD PARTY. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, ADEQUACY AND LEGALITY OF ANY INFORMATION YOU PROVIDE TO US. YOU AGREE TO USE THESE SERVICES AT YOUR OWN RISK.

THESE SERVICES ARE AVAILABLE FOR USERS IN ITALY, AND WE DO NOT OFFER ANY WARRANTY OR REPRESENTATION THAT ANY OF THE SERVICES IS APPROPRIATE FOR YOUR USE IN OTHER LOCATIONS. NO PART OF THE SERVICES SHOULD BE INTERPRETED AS AN OFFER OR SOLICITATION TO OR FROM ANY PERSON TO WHOM IT IS NOT POSSIBLE TO MAKE SUCH OFFER OR SOLICITATION LEGALLY.

AS PARTIAL CONSIDERATION FOR YOUR ACCESS TO OUR SERVICES (INCLUDING A.M.U. CONTENT), YOU AGREE THAT WE ARE NOT LIABLE TO YOU IN ANY WAY FOR THE DECISIONS YOU MAY MAKE OR YOUR ACTIONS OR INACTIONS BASED ON SUCH SERVICES. YOU ALSO AGREE THAT OUR TOTAL LIABILITY ARISING FROM OR RELATED TO YOUR USE AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE PURCHASE PRICE OF ANY ITEM YOU HAVE PURCHASED FROM US IN THE APPLICABLE TRANSACTION, IF IT EXISTS. IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, NOR SHALL WE BE LIABLE FOR ANY DAMAGE THAT RESULTS FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING, AMONG OTHERS, NATURAL DISASTERS, COMMUNICATION LINE FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, SERVICES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE NOT SATISFIED WITH THESE TERMS OR OUR SERVICES (INCLUDING A.M.U. CONTENT), YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRECEDING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS A.M.U. INVESTMENTS SIM S.P.A., INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.

VII. Dispute Resolution

If a dispute ever arises between us, contact us. If we cannot resolve the problem informally, you and we agree that any dispute or claim that has arisen or may arise between you and us will be resolved exclusively through final and binding arbitration, instead of a trial in court, except that you may file claims in a small claims court if your claims qualify ("Arbitration Agreement"). Italian arbitration law governs the interpretation and application of this Arbitration Agreement, which will be conducted according to the rules and procedures of the National Arbitration Chamber, modified by these Terms. Arbitration will take place in the province where you reside. If the value of the relief requested is €10,000 or less, you or we may choose to conduct the arbitration by telephone or based only on written submissions, an option that will be binding on both parties, subject to the arbitrator's discretion to require an in-person hearing if circumstances justify it. Participation in an in-person hearing may be conducted by telephone, unless the arbitrator rules otherwise.

The arbitrator will decide the merits of all claims according to the laws of the Italian state, including recognized principles of equity, and will respect all claims of privilege recognized by law. The arbitrator's award will be final and binding, and any judgment on the award issued may be recorded in any competent court.

You and we agree that each of us may file claims against the other only in individual form and not as a plaintiff or member of a class action, representative or joint proceeding. Unless both parties consent otherwise, the arbitrator may not consolidate or join more than one claim and may not preside over any proceeding of a collective or representative nature. The arbitrator may only grant relief (including monetary compensation, injunctive measures and declarations) in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim. Any relief granted will not affect our other users.

You may choose to reject the Arbitration Agreement by sending us a signed opt-out notice ("Opt-Out Notice") within 30 days of the first time you access the Services or accept any subsequently published version of these Terms. The Opt-Out Notice must include a statement that you do not agree with this Arbitration Agreement, your name, address, telephone number and any email address used to access the applicable accounts to which the opt-out applies. You must send the Opt-Out Notice by mail to: A.M.U. INVESTMENTS SIM S.P.A., Viale Ennio, 15, 70124 Bari (BA), Italy. This procedure is the only way to opt out of the Arbitration Agreement. If you choose to opt out of the Arbitration Agreement, all other parts of these Terms, including all other provisions of this Section, will continue to apply. Opting out of this Arbitration Agreement will not affect any other previous, current or future arbitration agreement you may have with us.

To the extent permitted by applicable law, any claim that arises in relation to the use of these Services or these Terms must be filed within one (1) year from the date of the event that gave rise to such action.

VIII. Copyright Law

If you believe that any Content violates your copyright, click here for instructions on how to notify us.

IX. Additional Terms

These Terms, including all other terms and policies referenced herein, constitute the complete agreement between you and us regarding the Service, and shall be interpreted according to the laws of the Italian State, without considering its conflict of law rules. In case of any inconsistency between these Terms and the policies referenced in them, these Terms shall prevail. Our failure to exercise or enforce any term set forth herein shall not constitute a waiver, and if we do not act in relation to your breach or that of any other person on any occasion, we are not waiving our right to act regarding future similar breaches. If you breach any provision of these Terms, you may no longer use the Services. If these Terms or your permission to use the Services are terminated by us for any reason, the agreement formed by your acceptance of these Terms will continue to apply and be binding on you regarding your previous use of the Services and anything related to such use. If you are not satisfied with the Services or these Terms, your sole and exclusive remedy is to stop using the Services.

These Terms, including all rights and obligations mentioned herein, may be freely assigned or transferred by us, but not by you. The section headings are included for convenience only and will not affect the interpretation of the Terms. You agree that any electronic notice we send you will satisfy any requirement for written notice. If any part of these Terms is deemed illegal, void or for any reason unenforceable, that part shall be deemed separable from these Terms and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised part, shall remain in full force and effect.

These Terms were last updated on October 15, 2024.