Terms and conditions

TERMS AND CONDITIONS OF OISHIIPLANET.IT

The User is requested to read this document carefully. These Terms govern the access and use of www.oishiiplanet.it (this "Website") and any other Agreement or legal relationship with the Owner in a binding manner. By using our website, you agree to be bound by and comply with these Terms of Use.

In evidence

• The right of withdrawal applies only to European Consumers.
• Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
• By using any of our Services (even just by browsing one of our websites), you agree to the Terms and Conditions. If you disagree with the Terms, you must not access or use our Website.
• The use of this Website and the Service is reserved for Users of legal age in accordance with the applicable law .

The owner of this website is:
Cai Yucong
Via Cusago 29 - 20153 Milan
VAT number: 11315300969

Owner contact email : info@oishiiplanet.it

1. CONDITIONS OF USE

• By accessing or using the this Website, you agree to be bound by the terms of our Privacy and Cookie Policy, the Product Specific Terms and the following General Terms and Conditions and to the guidelines, restrictions or additional rules that may be published for specific sections or services of this Website.
• Unless otherwise specified, the conditions of use of this Website set out in this section have general validity. Additional conditions of use or access applicable in particular situations are expressly indicated in this document. By using this Website, the User declares to satisfy the following requirements:

1.1. Account and Registration

To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner. You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available. It is the responsibility of the Users to keep their login credentials securely and to preserve their confidentiality.

By creating an account, the User agrees to be fully responsible for any activity carried out with his or her login credentials. Users are required to inform the Owner immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, unlawfully disseminated or subtracted.

The User is free to close their account and cease using the Service at any time by contacting the Owner on info@oishiiplanet.it. The Owner reserves the right to suspend or cancel a User's account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation. The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.

1.2. Use of the site and its Content

1.2.1. Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors. The Owner takes the utmost care so that the content available on this Website does not violate the applicable legislation or the rights of third parties. However, this is not always possible. In such cases, without any prejudice to the rights and legally exercisable claims, Users are requested to address their complaints to the addresses specified in this document.

1.2.2. The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents. Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service. In particular, but without exclusions, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer / alienate to third parties or create works derived from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge. Where expressly indicated on this Website, the User is authorized to download, copy and / or share certain contents available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller. The limitations and exclusions provided for by the copyright law remain valid.

1.2.3. The Owner reserves the right, at its sole discretion, to refuse to accept content provided by users to this Website or to process an order at any time and for any reason. If the Owner identifies some users who use this Website for prohibited activities or to otherwise violate these Terms, he may interrupt the services and / or disable their accounts. The customer agrees to exempt the Owner from any liability of any kind towards you or towards third parties deriving from such refusal or cancellation.

1.3. Feedback on the site

Any User content (comments, suggestions, proposals, feedback and other information) uploaded to this Website in relation to the Products, operation or contents of the Website must be sent by the User and received by the Owner in a non-confidential form. When providing content to this Website, the User declares that he is legally authorized to do so and confirms that said contents do not violate the law and / or the rights of third parties. Such comments, suggestions and other information will become the exclusive property of the Owner. By submitting this information, users agree to transfer and assign, free of charge, all rights, ownership and interests in the information, including copyright and any other intellectual property rights. Users grant the Owner the freedom to use this information without restrictions.

2. TERMS OF SALE

2.1. Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice Although the Products on this Website are presented with the utmost accuracy technically possible, representation on this Website by any means (including, depending on the case, graphic materials, images, colors, sounds) is intended as a mere reference and does not imply any guarantee regarding the characteristics of the Product purchased.

2.2. The agreement between the User and the Owner is subject to the acceptance of the order and will come into force when you receive the order confirmation by e-mail.

2.3. The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of this Website. Promotions and offers are always granted at the sole discretion of the Owner. Repeated or periodic promotions or discounts do not constitute any claim or right that can be enforced by Users in the future. Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Owner's office, as indicated in the contact details in this document.

2.4. Promotions and discounts may be offered in the form of Coupons. In case of violation of the conditions applicable to the Coupons, the Owner can legitimately refuse to fulfill his contractual obligations and expressly reserves the right to act in the appropriate judicial offices in order to protect his rights and interests. Any additional or divergent provisions applicable to the use of the Vouchers shown on the relevant information page or on the Voucher itself prevail in any case, regardless of the following provisions. Unless otherwise specified, the following rules apply to the use of Vouchers:

• Each Voucher is valid only if used in the manner and within the time period specified on the website and / or on the Voucher;
• The voucher can only be redeemed in its entirety at the time of purchase - partial use is not allowed;
• Unless otherwise specified, single-use vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of purchases in installments;
• Coupons are not cumulative;
• The voucher must be used within the specified validity period. After the deadline, the voucher will be automatically canceled. Any possibility of claiming rights is excluded, including the reimbursement of the value of the voucher;
• The User is not entitled to any credit / refund / compensation if there is a difference between the value of the voucher and the redeemed value;
• The voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as well as any illegal activity related to the purchase and / or use of the Voucher.

2.5. The details of the accepted means of payment are highlighted during the purchase procedure. Some payment methods are linked to additional conditions or involve additional costs. All payments are managed independently by third party services. Therefore, this Website does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions arising from the failed or refused payment are charged to the User.

2.6. In the event that the User authorizes the PayPal function that allows future purchases, this Website will store an identification code linked to the User's PayPal account. In this way this Website will be able to automatically process payments for future purchases or for the payment of periodic installments of a previous purchase. The authorization can be revoked at any time by contacting the Owner or by changing PayPal's personal settings.

2.7. Until the payment of the full purchase price is received by the Owner, the User does not acquire ownership of the Products ordered.

2.8. Deliveries are made to the address indicated by the User and in the manner indicated in the order summary. At the time of delivery, Users must check the content of the package and promptly report any anomalies to the addresses indicated in this document or as described in the delivery note. Users may refuse to accept the package if visibly damaged.Delivery may take place in the countries or territories specified in the relevant section of this Website.Delivery times are indicated on this Website or during the purchase procedure.

2.9. The Owner is not responsible in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been instructed by the User.In the event that the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.Unless otherwise specified, any delivery attempt starting from the second will be borne by the User.

2.10. If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer.

3. RIGHT OF WITHDRAWAL

3.1. Unless there is an exception, the User may have the right to withdraw from the contract within the term specified below (usually 14 days). If one of the exceptions listed below does not occur, Users acting as European Consumers have the right by law to withdraw from contracts concluded online (distance contracts) within the time period specified below. Users who do not meet these requirements do not enjoy the rights described in this section.

3.2. To exercise the right of withdrawal, the User must send an unequivocal communication of their intention to withdraw from the contract to info@oishiiplanet.it. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

3.3. When does the withdrawal deadline expire?

• In case of purchase of goods , the withdrawal deadline expires after 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the goods.
• In the event of the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the last of the goods, lots or pieces

3.4. The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal. However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will be borne by the User.

The reimbursement takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract. The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.

The User is responsible for the decrease in the value of the goods resulting from the use of the goods other than that necessary to establish their nature, characteristics and functioning. The return shipping costs are charged to the User .

3.5. There is no right of withdrawal from contracts:

• for the supply of goods made to measure or clearly personalized;

• for the supply of goods that risk deteriorating or expiring rapidly;

• for the supply of sealed goods that cannot be returned for reasons of hygiene or related to health protection and have been opened after delivery;

• for the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
• of anyone acting for purposes related to a possible commercial activity, or rather who sends an order by entering a VAT number for billing.

4. LIMITATION OF LIABILITY AND INDEMNITY

4.1. The User undertakes to indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees from any claim or claim - including, without any limitation, charges and legal fees - advanced by third parties due to or in connection with negligent behavior such as use or connection to the service, violation of these Terms, violation of third party rights or laws by the User , its affiliates, officers, agents, co-owners of the brand, partners and employees, to the extent required by law.

4.2. Unless otherwise specified and without prejudice to the applicable legal provisions regarding product liability, any claim for compensation against the Owner (or any natural or legal person who act on your behalf).
If you live in a country that does not allow any exclusion or limitation of liability set out above or any disclaimer of the warranties set out in the previous section, such exclusions or limitations will not apply to 'User, but only where such exclusions or restrictions are not permitted.In this case, these exclusions or restrictions must be limited to the maximum extent permitted by applicable law.

In particular, within the limits indicated above, the Data Controller assumes no responsibility for:

• any loss of earnings or other losses, even indirect, that the User may have suffered (such as, but not limited to, commercial losses, loss of revenues, profits or estimated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);

• damages or losses deriving from interruptions or malfunctions of this Website due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example, failures o interruptions to telephone or electrical lines, Internet connection and / or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of third party products, services or applications;

• any losses that are not a direct consequence of a violation of the Terms by the Owner;

regardless of whether the Owner has been informed of the possibility of such damage, arising from or in connection with the use or performance of this Website or product or service sold through the Website or one of the offline methods or from the failure to supply the products or services ordered to the Owner or its affiliated companies, including, by way of example and not limited to, damages deriving from errors, omissions, viruses, delays or interruptions of the service.

5. COMMON PROVISIONS

5.1. Failure to exercise legal rights or claims deriving from these Terms by the Owner does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.

5.2. To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users. Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law. Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts etc.).

5.3. The information on the processing of Personal Data is contained in the privacy policy of this Website.

5.4. Without prejudice to any more specific provision contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and related models to this Website are held exclusively by the Owner or by its licensors and are protected under the legislation and international treaties applicable to intellectual property.All trademarks - word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to of the legislation and international treaties applicable to intellectual property

5.5. The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users. The changes will affect the relationship with the User only for the future. Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in the right of each party to withdraw from the Agreement.

The previous applicable version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller. If required by applicable law, the Data Controller will specify the date by which the changes to the Terms will come into force.

5.6. The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users. The provisions relating to the modification of these Terms apply. The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.

5.7. Should any of the provisions of these Terms be or become invalid or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective. , which therefore remain valid and effective.

5.8. Should a provision of these Terms be or become null, invalid or ineffective, the parties will endeavor to identify amicably a valid and effective provision replacing that null, invalid or ineffective. In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline. Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not lead to nullity of the entire Agreement, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.

6. “WORD OF MOUTH”

This Website allows Users to receive benefits if, thanks to their recommendation, a new User purchases a Product offered on this Website.
To take advantage of this opportunity, the User can invite friends to purchase Products on this Website by sending them a specific code provided by the Owner. Each code can only be redeemed once.
If one of the people invited by purchasing a Product on this Website decides to redeem an invitation code, the User who invited them will receive the advantage or benefit (such as, for example : a discount, an additional service, an upgrade etc.) indicated on this Website.
The invitation codes may be redeemable only for some Products among those offered on this Website.

The Owner reserves the right to terminate the offer at any time at its discretion.

Although there is no limit to the number of people who can be invited, the number of perks or benefits that each User can receive for an equal number of redeemed invite codes may be subject to a maximum limit

7. DISPUTE RESOLUTION

7.1. Users can report any disputes to the Owner, who will try to resolve them amicably. Although the right of Users to take legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the addresses indicated in this document. The User can address a complaint to the e-mail address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned. The Data Controller will process the request without undue delay and within 5 days of receiving it.

7.2. The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts. Therefore, every European Consumer can use this platform to resolve any dispute deriving from contracts concluded online. The platform is available here .

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