Terms and Conditions

 

TERMS AND CONDITIONS OF OISHIIPLANET.IT

 

The User is kindly asked to read this document carefully. These Terms govern access to 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.

    Highlighted

      • The right of withdrawal applies only to European Consumers.
      • Please note that certain provisions of these Terms may only apply to some 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 relevant clause. If not mentioned, the clauses apply to all Users.
      • By using any of our Services (even just browsing one of our websites), you agree to the Terms and Conditions. If you do not agree 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 according to applicable law.

      The Owner of this Website is:
      Cai Yucong
      Via Cusago 29 - 20153 Milan
      VAT Number: 11315300969

      Email address of the Owner: info@oishiiplanet.it

          1. TERMS OF USE

            • Accessing or using the this Website, you agree to be bound by the terms of our Privacy and Cookie Policy, the Specific Product Terms, and the following General Terms and Conditions and any additional guidelines, restrictions, or rules that may be published for specific sections or services of this Website.
            • Unless otherwise specified, the terms of use of this Website set out in this section have general validity. Additional terms of use or access applicable in particular situations are expressly indicated in this document. By using this Website, the User declares to meet the following requirements:
            - There are no restrictions regarding Users based on whether they are Consumers or Professional Users.
            - The User is of legal age according to applicable law.

            1.1. Account and Registration

            To use the Service, the User can open an account by providing all the requested data and information completely and truthfully. It is also possible to use the Service without registering or creating an account. In such cases, however, certain functions may not be available. It is the responsibility of the Users to keep their access credentials secure and maintain their confidentiality. 

            By creating an account, the User agrees to be fully responsible for any activity carried out with their access credentials. Users are required to immediately and unequivocally inform the Owner through the contacts indicated in this document if they believe that their personal information, such as User account, access credentials, or personal data, has been compromised, unlawfully disclosed, or stolen.

               

              The User is free to close their account and cease using the Service at any time by contacting the Owner at info@oishiiplanet.it. The Owner reserves the right to suspend or delete a User's account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms. Suspension or deletion of the account does not entitle the User to any compensation, refund, or indemnity. Suspension or deletion of an account due to reasons attributable to the User does not exempt the User from paying any applicable fees or prices.

              1.2. Use of the site and related Content

                 

                1.2.1. Unless otherwise specified or clearly recognizable, all content available on this Website is owned by or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable laws or third-party rights. However, it is not always possible to achieve this result. In such cases, without prejudice to the rights and claims legally exercisable, Users are requested to address related complaints to the contacts specified in this document.

                 

                1.2.2. The Owner holds and expressly reserves all intellectual property rights on the aforementioned content. Users are not authorized to use the content in any way other than what is necessary or implied by the proper use of the Service. In particular, but without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Website, or allowing 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 content available on this Website exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstance required by the Owner is observed. The limitations and exclusions provided by copyright law remain in force.

                 

                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 unauthorized activities or otherwise violate these Terms, it may suspend services and/or deactivate the related accounts. The customer agrees to release the Owner from any liability of any kind towards you or third parties arising from such refusal or cancellation.

                 

                1.3. Website Feedback

                Any User's own content (comments, suggestions, proposals, feedback, and other information) uploaded to this Website in relation to the Products, the operation, or the content of the Website must be sent by the User and received by the Owner in a non-confidential form. By providing content to this Website, the User declares that they are legally authorized to do so and confirms that such content does not violate laws and/or third-party rights. Such comments, suggestions, and other information will become the exclusive property of the Owner. By sending such information, users agree to transfer and assign, free of charge, all rights, ownership, and interest in the information, including copyright and any other intellectual property rights. Users grant the Owner the freedom to use such information without restrictions.


                2. TERMS OF SALE

                2.1. Prices, descriptions, and availability of 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 highest technically possible accuracy, the representation on this Website by any means (including, as applicable, graphic materials, images, colors, sounds) is to be understood as mere reference and does not imply any warranty regarding the characteristics of the purchased Product. 

                   

                  2.2. The agreement between the User and the Holder is subject to order acceptance and will come into effect when you receive the order confirmation via email.

                   

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

                   

                  2.4. Promotions and discounts may be offered in the form of Vouchers. In case of violation of the conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate forums, including judicial ones, to protect its rights and interests. Any additional or divergent provisions applicable to the use of the Vouchers reported 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 according to the methods and within the time period specified on the website and/or on the Voucher;
                    • The Voucher can only be redeemed in full at the time of purchase – partial use is not allowed;
                    • Unless otherwise specified, single-use Vouchers can be redeemed only once per purchase and therefore can only be redeemed once even in the case of installment purchases;
                    • Vouchers cannot be combined;
                    • The Voucher must be used within the specified validity period. After the deadline, the Voucher will be automatically canceled. Any possibility of claiming rights, including a refund of the Voucher value, is excluded;
                    • The User is not entitled to any credit/refund/compensation in case there is a difference between the value of the Voucher and the redeemed value;
                    • The Voucher is intended exclusively for non-commercial use. Reproduction, counterfeiting, and commercialization of the Voucher are strictly prohibited, as is any illegal activity related to the purchase and/or use of the Voucher.

                     

                    2.5. Details regarding accepted payment methods are highlighted during the purchase procedure. Some payment methods are subject to additional conditions or involve extra 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 has been successfully completed. If the payment made with one of the available methods fails or is rejected by the payment service provider, the Owner is not obliged to fulfill the order. Any costs or fees resulting from failed or rejected payments are the responsibility of the User. 

                     

                    2.6. If 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 can automatically process payments for future purchases or for the payment of periodic installments of a previous purchase. Authorization can be revoked at any time by contacting the Owner or by changing the personal PayPal settings.

                     

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

                     

                    2.8. Deliveries are made to the address indicated by the User and in the manner specified in the order summary. At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contacts provided in this document or as described in the delivery note. Delivery can 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 resulting from inaccuracies or omissions made by the User when completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter was appointed by the User. If 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, every delivery attempt from the second one onwards will be at the User's expense. 

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

                    3. RIGHT OF WITHDRAWAL

                    3.1 Shipping and delivery times

                    1. Delivery times:
                      The delivery times indicated on the site are estimated and not binding, and generally range from 1 to 6 working days depending on the destination area and the courier used. Any delays attributable to the courier do not entitle the customer to an automatic refund.

                    2. Shipping costs:
                      Shipping costs are clearly indicated at the time of purchase. In case of promotions or free shipping above a certain threshold, this condition will be specified.

                    3. Refusal or return of the package:

                    • Once the order has been processed, it cannot be canceled or modified.

                    • In case of refusal of the package upon delivery, the return shipping costs will be charged to the customer.

                    • The refund, if applicable, will be made net of the outbound and return shipping costs.

                    • For hygiene or perishability reasons, some food products cannot be returned after delivery, as indicated in the product sheet.

                     

                    3.2. Unless an exception applies, the User may enjoy the right to withdraw from the contract within the specified period (usually 14 days). If none of the exceptions listed below apply, Users acting as European Consumers are legally entitled 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.

                     

                    3.3. 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. To comply with the period within which the right must be exercised, the User must send the withdrawal declaration before the withdrawal period expires.

                     

                    3.4. When does the withdrawal period expire?

                    • In case of purchase of goods, the withdrawal period expires 14 days after the day the User or a third party – appointed by them and different from the courier – takes possession of the goods.
                    • In case of purchase of multiple goods ordered together but delivered separately or in case of purchase of a single good composed of several batches or pieces delivered separately, the withdrawal period expires 14 days after the day the User or a third party – appointed by them and different from the courier – takes possession of the last of the goods, batches, or pieces.

                     

                    3.5. The Owner refunds all payments received including, if made, those related to delivery costs to Users who have correctly exercised the right of withdrawal. However, any additional 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 refund is made without undue delay and in any case within 14 days from the day 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 must return them to the Owner or another person authorized by them without undue delay and in any case within 14 days from the day they communicated their intention to withdraw from the contract. The deadline is met if the goods are delivered to the courier or another authorized person before the expiration 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 use other than what is necessary to establish their nature, characteristics, and functioning. Return shipping costs are the responsibility of the User.

                     

                    3.6. There is no right of withdrawal from contracts:

                    • supply of goods made to measure or clearly personalized;
                    • supply of goods that are likely to deteriorate or expire rapidly;
                    • supply of sealed goods that are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
                    • supply of goods that, after delivery, are inseparably mixed by their nature with other goods;
                    • of anyone acting for purposes related to a possible commercial activity, or rather anyone who sends an order by entering a VAT number for invoicing.

                    4. LIMITATION OF LIABILITY AND INDEMNITY

                    4.1. The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the trademark, partners and employees from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with negligent behaviors such as the use or connection to the service, violation of these Terms, infringement of third-party rights or laws by the User, its affiliates, officers, agents, co-owners of the trademark, partners and employees, to the extent permitted by law.

                    4.2. Except where otherwise specified and without prejudice to the applicable legal provisions regarding liability for product damage, any claim for compensation against the Owner (or any natural or legal person acting on its behalf) is excluded.
                    If the user lives in a country that does not allow any exclusion or limitation of liability previously illustrated or any disclaimer of warranties indicated in the previous section, such exclusions or limitations will not apply to the User, but only where such exclusions or restrictions are not permitted. In such case, these exclusions or restrictions shall be limited to the maximum extent permitted by applicable laws.

                    In particular, within the limits set out above, the Owner assumes no liability regarding:

                    • any lost earnings or other losses, including indirect ones, that the User may have suffered (such as, by way of example, commercial losses, loss of revenue, profits or expected savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.);
                    • damage or losses resulting from interruptions or malfunctions of this Website due to force majeure or unforeseen and unpredictable events and, in any case, independent of the will and beyond the control of the Owner, such as, by way of example, faults or interruptions of telephone or electrical lines, Internet connection and/or other transmission means, inaccessibility of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of products, services or third-party applications;
                    • any losses that are not a direct consequence of a breach 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 provide the ordered products or services to the Owner or its related affiliated companies, including, by way of example and not limited to, damages resulting from errors, omissions, viruses, delays, or service interruptions. 

                      5. COMMON PROVISIONS

                      5.1. The failure to exercise legal rights or claims arising from these Terms by the Owner does not constitute a waiver of such rights. 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, providing appropriate notice to Users. Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In case of Service termination, the Owner will make efforts to allow Users to extract their Personal Data and information according to legal provisions. Furthermore, the Service may be unavailable due to causes beyond the reasonable control of the Owner, such as force majeure events (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

                       

                      5.3. 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, the intellectual and industrial property rights, such as copyrights, trademarks, patents, and designs related to this Website are exclusively owned by the Owner or its licensors and are protected under the applicable intellectual property laws and international treaties. All trademarks – whether word marks or figurative marks – and any other distinctive signs, trade names, service marks, illustrations, images, or logos appearing in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under the applicable intellectual property laws and international treaties.

                       

                      5.5. The Owner reserves the right to modify the Terms at any time. In such case, the Owner will give appropriate notice of the changes to the Users. The changes will affect the relationship with the User only going forward. Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, they must cease using the Service. Failure to accept the updated Terms may result in either party having the right to terminate the Agreement.

                      The previous applicable version continues to govern the relationship until acceptance by the User. This version can be requested from the Owner. If required by applicable law, the Owner will specify the date on which the changes to the Terms will take effect.

                       

                      5.6. The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract some or all rights and obligations under these Terms, taking into account the legitimate interests of the 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. If any of the provisions of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of that provision does not cause the ineffectiveness of the remaining provisions, which therefore remain valid and effective.

                       

                      5.8. If any provision of these Terms should be or become null, invalid, or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the null, invalid, or ineffective one. In case of failure to reach an agreement within the specified terms, if permitted or provided by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal regulation. Without prejudice to the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions within the Agreement are essential or of such importance that the parties would not have concluded the contract had they known the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on 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 be redeemed only once.
                        If one of the invited people, by purchasing a Product on this Website, decides to redeem an invitation code, the User who invited them will receive the benefit or advantage (such as, for example: a discount, an additional service, an upgrade, etc.) indicated on this Website.
                        Invitation codes may only be redeemable for certain Products offered on this Website.

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

                        Although there is no limit to the number of people who can be invited, the number of benefits or advantages each User can receive for an equal number of redeemed invitation 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. Without prejudice to the Users' right to take legal action, in case of disputes concerning the use of this Website or the Service, Users are asked to contact the Owner at the contact details provided in this document. The User can send a complaint to the Owner's email address indicated in this document, including a brief description and, if applicable, the details of the order, purchase, or account involved. The Owner will respond to the request without undue delay and within 5 days of receipt.

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

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