INTRODUCTION
These general terms and conditions apply to all sales of products on the website www.ohmyfoody.com property of the company Oh My foody S.r.l.
All purchases on the website are regulated by the provisions in the D. Lgs 206/05, while privacy protection is regulated by the provision in the D. lgs. 196/03. These general terms and conditions are valid from the 01/03/2021. They might be updated or modified by Oh My Foody S.r.l. at any time, without notice, and will be valid on the data of publication on the website www.ohmyfoody.com. The consumer accepts the obligation, every time a modification is brought to the present general conditions, of reading and if necessary printing and conserving a copy. By online sale contract, we mean the contract between a supplier, Oh My Foody S.r.l. and a consumer customer, under a purchasing system organized by the supplier that is the Online Store concerning goods and services that for this contract uses exclusively the communication technology system called internet.
By consumer, we mean any physical person who buys goods and services for purposes not directly related to their professional activity.
Art.1: ACCEPTANCE OF THE SALES TERMS
•1.1 The conditions set out in the introduction are an integral and essential part of this contract.
•1.2 All contracts will be concluded through direct access by consumer and/or customer to the website corresponding to www.ohmyfoody.com
Then the Customer can enter into a contract for the purchase of the desired product carefully following the instructions and procedures provided.
•1.3 The present general conditions of sale must be read on-line by the Customer before completing the purchase procedure. The submission of the confirmation order implies the total knowledge of these general conditions of sale and their full acceptance.
•1.4 By sending the order, the Customer unconditionally accepts and undertakes to observe, in its relations with Oh My Foody S.r.l, general terms payment conditions described below, declaring to have read and accepted all the indications provided in accordance with the rules described above. It also note that it consider itself bound by the agreement, unless previously agreed upon written notice.
•2.2 The total cost of the shipment to the home is at the expense of the Customer, unless otherwise specified. That cost will be disclosed to the Customer prior to order confirmation.
•2.3 The purchase agreement is executed by the exact compilation and the consensus expressed by the accession data of purchase on-line, after the registration.
•2.4 The Customer may pay for the goods ordered through the payment services indicated on-line at the time of the purchase.
Art. 3: DELIVERY METHOD
•3.1 Oh My Foody S.r.l. will provide to deliver to the address specified by the Customer all products purchased, in the ways set out by the previous article and by courier.
•3.2 The goods purchased will be delivered within the time allowed by the art. 6 D. Lgs 206/05. No liability can be attributed to the supplier for delayed or non-delivery due to force majeure or fortuitous events. In detail: verified the availability, Oh My Foody S.r.l. will provide to immediate shipment of the order to the address provided on the form. Some products may require a few days for availability. The delivery normally takes 6/10 working days (weekends and public holidays do not have to be taken into account). In special cases. For the islands and suburban areas, delivery times should be extended to 24/48 hours. To a foreign country, delivery times may vary depending on the region, starting from a minimum of 6/10 working days from the time of shipping.
•3.3 Upon receipt, the Customer must check the conformity of the delivered products with the order. The Customer must proceed with the signing of the delivery documents only after this verification, with prejudice to the right of withdrawal at point n.8
•3.4 Upon delivery, the Customer is required to check the integrity of the package as well as the amount and its quality as indicated in the transport document. In case of discrepancy, the same should be reported on the same document and confirmed within seven day by registered mail to the following address: Oh My Foody S.r.l. Via Pietro Mascagni 33 – 72019 San Vito dei Normanni (BR). Even on presence of an intact packaging, the goods are to be checked within seven days of receiving. Any hidden defects must be notified in writing by fax or registered mail and documented by a photo that can be forwarded by email. Any notification beyond the previously mentioned terms and/or notified by different means is not valid and will not be taken into consideration. Customer assumes full responsibility for each declaration.
•3.5 Unless otherwise agreed, the shipment includes only delivery to ground floor, during business hours: form 8.00 a.m. to 1 p.m. and from 2 p.m. to 8 p.m. Monday to Friday.
•3.6 The Customer is required to make himself available at the time described in point 3.5, to avoid paying extra charges due to failure to deliver.
•3.7 Oh My Foody S.r.l. is not responsible for any damage caused by the currier to the products purchased.
Art. 4: PRODUCTS AVAILABILITY
•4.1 The Customer can buy only products in the electronic catalogue of Oh My Foody S.r.l. visible on-line at the following address www.ohmyfoody.com
If the request through an on-line order exceeds the available amount for a given item, Oh My Foody S.r.l. will accept the purchase as far as what is actually available in the virtual store. Oh My foody S.r.l. Customer Service will be responsible to inform the Customer (by phone or e-mail) whether the products will be available or not in the future. (These conditions are valid also for temporarily unavailable products).
Art. 5: RESPONSABILITY
•5.1 Oh My Foody S.r.l does not assume any responsibility for disservices or delays due to force majeure such as accidents, strikes, explosions, earthquakes, floods, and similar events that in whole or in part may cause the failure to execute the contract.
•5.2 Oh My Foody S.r.l. will not be responsible with respect to any party regarding damages, losses and expenses incurred following a failure to execute the contract due to the abovementioned causes, as the Customer is only entitled the restitution of any amount paid.
•5.3 Oh My Foody S.r.l.in not responsible for any fraudulent or unlawful use by third parties of the credit cards, checks or other payment methods used by the Customers when purchasing the products on www.ohmyfoody.com. At any time during the purchasing procedure is in a position to know the Customer’s credit card numbers, since the latter is transmitted directly to the administrator of the banking service via a secure connection.
Art. 6: WARRANTIES AND ASSISTANCE
INTRODUCTION
The quality of our products has a top leading position in the market and the storage and shipping methods have been designed in order to guarantee the preservation over time. The products delivered may differ slightly form the photo.
•6.1 Oh My Foody S.r.l. is the sole supplier for the web site www.ohmyfoody.com, it manufactures and markets high-quality level products.
Art. 7: OBLIGATIONS OF THE PURCHASERS
•7.1 The Customers accepts the obligation, once completing the on-line purchasing procedure, to print and keep a copy of the present general conditions, which the Customer must have accepted as a mandatory step during the purchase of the products, and specification of the product being purchased in accordance with the conditions as per art. 3 e 4 of Legislative Decree 206/05.
•7.3 It is strictly forbidden for the Customer to enter false and/or invented and/or fantasy names in the on-line order procedure and in further communications. The data entered when purchasing must exclusively be the user’s actual personal data and email address, not that of third parties or invented data.
•7.4 It is expressly forbidden to effect multiple registrations for the same person ore enter third parties’ data. Oh My Foody S.r.l reserves the right to legally pursue every violation or abuse, in the interests of and for the protection of all consumers.
•7.5 The Customer relieves Oh My foody S.r.l. of any responsibility coming from the issue of tax records that are incorrect due to mistakes in the data provided by the Customer, being the Customer the sole responsible for the incorrect inclusion.
Art. 8: RIGHT TO WITHDRAW
•8.1 The Customer may exercise the tight of withdraw and obtain a refund for the amount paid.
•8.2 The Consumer who is not satisfied with the purchase may exercise the right of withdraw and return the goods received without any penalties and without having to specify the reason, within 14 working days form receipt of the goods.
•8.3 All return shipping costs of products are assumed by Oh My Foody S.r.l. The Customer shall return the goods to our address directly with our currier. All items must be returned in their original conditions, with their original packaging, no other modality is allowed.
•8.4 To exercise the right of withdraw, the Customer shall send a registered mail to the following address: Oh My Foody S.r.l. Via Pietro Mascagni 33 – 72019 San Vito dei Normanni (BR) or else fill out the form on our website, in the Contact section. Then, we will provide refund in the shortest possible time, and in any case within 30 days from the date of receipt of the request, as mentioned above. The right of withdraw can be applied only if returned goods are integral and cannot be extended for products that, due to their nature, cannot be returned or risk rapid alteration or deterioration.
•8.5 Oh My Foody S.r.l. will take on consignment the returned products reserving the right to check that these were returned in the original conditions and with the original packaging; only in that case will proceed with the reimbursement.
•8.6 The shipping costs sustained to return the items to Oh My Foody S.r.l. are free of charge.
Art. 9: PERMISSION
•9.1 By filling out the dedicated form on the website, the Customer authorise Oh My Foody S.r.l. to use his/her credit card, or other credit card in substitution, and to charge his/her bank account the whole amount of money resulting at the end of the purchase procedure. The whole procedure is carried out through secure link, directly connected to the banking institute who is the owner and managing of the on-line payment service PayPal, to which Oh My Foody S.r.l. has not access.
•9.2 Should the Customer exercise the right withdraw as explain in point 8 of these general conditions, the amount to be refunded will be credited to the same credit card.
Art. 10: CONTRACTUAL RESOLUTION AND EXPRESSED RESOLUTIVE CLAUSE
• 10.1 Oh My Foody S.r.l has the faculty to resolve the stipulated contract giving simple communication to the Customer with the and justified motivations: in such case the Customer will have the right exclusively to the restitution of the eventual sum already corresponded.
•10.2 The obligation assumed from the Customer (Obligation of the purchaser), and the guarantee of the good aim of the payment that the Customer carries out as per art. 2, have essential character, so that for expressed pact, the non-compliance by the Customer of one sole obligation will determine the resolution of the contract ex art. 1456 c. c., without necessity to have a pronunciation of the Judge for the compensation of the further damage.
•10.3 Oh My Foody S.r.l. has total respect for your privacy. All your data will be processed through electronic system and will be used solely to allow the handling of the orders and shipments. Customer data will be treated in strict compliance with Legislative Decree 196/03 Code on the protection of personal data. All information related to personal data, orders and payments are strictly confidential. We assure that in no other case and for no other reason we disclose personal information to third parties, but to Oh My Foody S.r.l. All details related to personal data handling in accordance with the Italian law are available on the website www.garanteprivacy.it
Art. 12: JURISDICTION AND PLACE OF JURISDICTION
•12.1 Any dispute over the application, execution, interpretation and violation of the present purchase contract is to put through Italian jurisdiction; these general terms and conditions are in compliance with the Legislative Decrees D. Lgs. n. 50 15.1.1992 and D. Lgs 206/05.
•12.2 The place of jurisdiction for all disputes arising from this contract is Brindisi.
Shipping costs
Shipping costs (except for special offer and other commercial agreements) are fully charged to the Customer and will be calculated automatically by the system depending on the price.
What to do upon delivery of the product
When the currier delivers the goods, you will need to check:
1) the package is intact, neither damaged nor wet and, at any rate, in compliance with the standard characteristics of a package.
2) the number of parcel (number of packages) reported on the invoice correspond to the number of parcels which have been actually delivered.
Possible claims must be addressed immediately to the carrier, failing this, the product can be considered correctly delivered.
What to do in case of TRANSPORT damage
If the package is damaged when delivered, the Customer must express a reservation by writing it in the transport document and refuse the damaged goods.
Payment methods
Oh My Foody S.r.l. accepts the following payment methods:
Paypal, Credit cards e Postepay, advance bank transfer.
Paypal and credit cards payments:
The user pays directly through the Paypal portal.
Please note:
· The account holder must be the owner of the Paypal account.
· You need to provide a landline or mobile number.
· The goods will be shipped to the address of the individual who placed the order.
Payments by bank transfer
It is understood that, if you chose to pay by bank transfer, the goods will only be shipped after payment has been received. The reason for the bank transfer should include the order number, the name and surname of the purchaser. At present time, the amount paid through bank transfer is credited to the bank account of the beneficiary after 3/5 working days form the date of payment. If within 8/10 working days from the order date we do not receive the payment, the order will be considered as cancelled.
