Terms and Conditions

 

TERMS AND CONDITIONS OF OISHIIPLANET.IT

 

The User is requested 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.

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

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

Owner's email address: info@oishiiplanet.it

1. TERMS OF USE

• By 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, as well as 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 apply generally. Further terms of use or access applicable in particular situations are expressly indicated in this document. By using this Website, the User declares that they meet the following requirements:

1.1. Account and Registration

To use the Service, the User may open an account by providing all the requested data and information completely and truthfully. The Service may also be used without registering or creating an account. In that case, however, certain features may not be available. Users are responsible for keeping their login credentials secure and maintaining their confidentiality. 

By creating an account, the User agrees to be fully responsible for all activities carried out using their access credentials. Users must immediately and unequivocally inform the Owner through the contact details indicated in this document if they believe that their personal information, such as their User account, access credentials, or personal data, has been compromised, unlawfully disclosed, or stolen.

 

The User is free to close their account and stop 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 prior notice if it considers the account inappropriate, offensive, or contrary to these Terms. The suspension or deletion of the account does not give the User any right to compensation, reimbursement, or indemnification. The suspension or deletion of an account for reasons attributable to the User does not release the User from paying any applicable fees or prices.

1.2. Use of the website and its 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 any legally enforceable rights and claims, Users are requested to direct the relevant complaints to the contact details specified in this document.

 

1.2.2. The Owner expressly retains and reserves all intellectual property rights in the aforementioned content. Users are not authorized to use the content in any way that is not necessary or implicit in the proper use of the Service. In particular, without limitation, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/disposal to third parties, or creating derivative works from the content available on this Website, or allowing third parties to carry out 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, provided that authorship attribution and any other relevant circumstance required by the Owner are indicated. The limitations and exclusions provided for by copyright law remain unaffected.

 

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 users who use this Website for unauthorized activities or otherwise violate these Terms, it may discontinue the services and/or deactivate the relevant accounts. The customer agrees to release the Owner from any liability of any kind toward you or any third parties arising from such refusal or cancellation.

 

1.3. Website Feedback

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

2. TERMS OF SALE

2.1. Product prices, descriptions, and availability 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 level of technical accuracy possible, their representation on this Website by any means (including, where applicable, graphic materials, images, colors, and sounds) is intended for reference only and does not imply any guarantee regarding the characteristics of the Product purchased. 

 

2.2. The agreement between the User and the Holder is subject to acceptance of the order and will enter into force when you receive the order confirmation by email.

 

2.3. The Holder may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and the terms and conditions set out in the relevant section of this Website. Promotions and offers are always granted at the Holder’s sole discretion. Repeated or periodic promotions or discounts do not create any claim or enforceable right for Users in the future. Depending on the circumstances, discounts and promotions are valid for a specified period or until stocks run out. Unless otherwise specified, the time limits for promotions and discounts refer to the time zone of the Holder’s registered office, as indicated in the contact details in this document. 

 

2.4. Promotions and discounts may be offered in the form of Vouchers. In the event of a breach of the conditions applicable to Vouchers, the Holder may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take action, including legal action, before the appropriate authorities to protect its rights and interests. Any additional or differing provisions applicable to the use of Vouchers set out on the relevant information page or on the Voucher itself shall prevail in all cases, regardless of the provisions that follow. Unless otherwise specified, the following rules apply to the use of Vouchers:

• Each Voucher is valid only if used according to the procedures and during the period specified on the website and/or on the Voucher;
• The Voucher may be redeemed only in full at the time of purchase—partial use is not permitted;
• Unless otherwise specified, single-use Vouchers may be redeemed only once per purchase and may therefore be redeemed only once even in the case of purchases paid in installments;
• Vouchers cannot be combined;
• The Voucher must be used within the specified validity period. Once this period has expired, the Voucher will be automatically cancelled. Any possibility of asserting rights, including the right to a refund of the Voucher’s value, is excluded;
• The User is not entitled to any credit, refund, or compensation if there is a difference between the value of the Voucher and the redeemed value;
• The Voucher is intended exclusively for non-commercial use. The reproduction, counterfeiting, and commercialization of the Voucher are strictly prohibited, as is any unlawful activity connected with the purchase and/or use of the Voucher.

 

2.5. Details regarding accepted payment methods are provided during the purchase procedure. Some payment methods are subject to additional conditions or entail additional costs. All payments are handled 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 a payment made using one of the available methods fails or is rejected by the payment service provider, the Owner is not obliged to process the order. Any costs or fees arising from the failed or rejected payment shall be borne by the User. 

 

2.6. If the User authorizes the PayPal feature that allows future purchases, this Website will store an identification code linked to the User’s PayPal account. This will allow this Website to automatically process payments for future purchases or for the payment of periodic installments for a previous purchase. The authorization may be revoked at any time by contacting the Owner or changing the personal PayPal settings.

 

2.7. Until the Owner has received payment of the full purchase price, 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. Upon delivery, Users must check the contents of the package and promptly report any irregularities using the contact details provided in this document or as described in the delivery note. 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 shall not be liable in any way for 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 carrier if the latter was appointed by the User. If the goods are not delivered or collected at the scheduled 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, each delivery attempt from the second onward shall be borne by the User. 

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

3. RIGHT OF WITHDRAWAL

3.1 Shipping and delivery times

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

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

3. Package refusal or r:

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

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

• The refund, where applicable, will be issued less the outbound and return shipping costs.

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

 

3.2. Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (normally 14 days). Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the period specified below. Users who do not meet these requirements do not have 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 notice before the withdrawal period expires.

 

3.4. When does the withdrawal period expire?

• In the event of purchasing goods, the withdrawal period expires 14 days after the day on which the User or a third party—designated by the User and other than the carrier—takes possession of the goods.
• In the event of purchasing multiple goods ordered together but delivered separately, or in the event of purchasing a single good consisting of several lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the User or a third party—designated by the User and other than the carrier—takes possession of the last of the goods, lots, or pieces.

 

3.5. The Owner refunds all payments received, including, where applicable, those relating to delivery costs, to Users who have correctly exercised their right of withdrawal. However, any additional cost resulting from the choice of a particular delivery method other than the least expensive standard delivery offered by the Owner will be borne by the User.

The refund is made without undue delay and, in any event, within 14 days of 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 must return them to the Owner or to another person authorized by the Owner to receive them, without undue delay and, in any event, within 14 days of the day on which the User communicated their intention to withdraw from the contract. The deadline is met if the goods are delivered to the carrier or another authorized person before the end of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof that they have returned them.

The User is liable for any reduction in the value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning. The User is responsible for the return shipping costs.

 

3.6. 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 are liable to deteriorate or expire rapidly;

• for the supply of sealed goods that are not suitable for return for reasons of hygiene or health protection and were unsealed after delivery;

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

4. LIMITATION OF LIABILITY AND INDEMNIFICATION

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

4.2. Unless otherwise specified and without prejudice to the applicable legal provisions concerning liability for product damage, any claim for damages against the Owner (or any natural or legal person acting on the Owner’s behalf) is excluded.
If the User lives in a country that does not permit any exclusion or limitation of liability described above, or any disclaimer of the warranties indicated in the previous section, such exclusions or limitations will not apply to the User, but only to the extent that such exclusions or restrictions are not permitted. In that case, these exclusions or restrictions must be limited to the maximum extent permitted by applicable law.

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

• any loss of earnings or other losses, including indirect losses, that the User may have suffered (such as, merely by way of example, business losses, loss of revenue, profits, or anticipated savings, loss of contractual or business relationships, loss of goodwill, or damage to reputation, etc.);

• any damage or loss arising from interruptions or malfunctions of this Website due to force majeure or unforeseen and unforeseeable events that are, in any event, beyond the Owner’s control and independent of the Owner’s will, such as, merely by way of example, failures or interruptions of telephone or power lines, the Internet connection and/or other transmission means, the inaccessibility of websites, strikes, natural disasters, viruses and cyberattacks, or interruptions in the supply of third-party products, services, or applications;

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

regardless of whether the Owner had been informed of the possibility of such damage, arising from or in connection with the use or performance of this Website or any product or service sold through the Website or by any offline method, or from the failure to provide the products or services ordered from the Owner or its affiliated companies, including, by way of example and without limitation, damage arising from errors, omissions, viruses, delays, or service interruptions. 

5. GENERAL PROVISIONS

5.1. The Owner’s failure to exercise legal rights or claims arising from these Terms does not constitute a waiver of them. No waiver may 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, system updates, or any other modification, providing Users with appropriate notice. To the extent permitted by law, the Owner reserves the right to suspend or terminate the Service entirely. In the event of termination of the Service, the Owner will endeavor to ensure that Users can extract their Personal Data and information in accordance with legal provisions. Furthermore, the Service may be unavailable due to causes beyond the Owner’s reasonable control, such as force majeure events (e.g., strikes, infrastructure malfunctions, blackouts, etc.).

 

5.3. Information on the processing of Personal Data is contained in this Website’s privacy policy.

 

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 relating to this Website are held exclusively by the Owner or its licensors and are protected under the laws and international treaties applicable to intellectual property. All trademarks—word or figurative—and any other distinctive sign, trade name, 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 under the laws and international treaties applicable to intellectual property.

 

5.5. The Owner reserves the right to amend the Terms at any time. In such case, the Owner shall duly notify the Users of the amendments. The amendments shall affect the relationship with the User only prospectively. Continued use of the Service constitutes the User’s acceptance of the updated Terms. If the User does not wish to accept the amendments, they must cease using the Service. Failure to accept the updated Terms may entitle either party to terminate the Agreement.

The previous applicable version shall continue to govern the relationship until the User’s acceptance. That version may be requested from the Owner. Where required by applicable law, the Owner shall specify the date on which the amendments to the Terms will enter into force.

 

5.6. The Owner reserves the right to transfer, assign, dispose of, novate, or subcontract some or all of the rights and obligations under these Terms, taking into account the legitimate interests of the Users. The provisions concerning amendments to these Terms shall apply. The User is not authorized to assign or transfer their rights or obligations under the Terms without the Owner’s written consent.

 

5.7. If any provision of these Terms is or becomes void or ineffective under applicable law, the nullity or ineffectiveness of that provision shall not affect the validity or effectiveness of the remaining provisions, which shall therefore remain valid and effective.

 

5.8. If any provision of these Terms is or becomes void, invalid, or ineffective, the parties shall endeavor to amicably identify a valid and effective provision to replace the void, invalid, or ineffective provision. If no agreement is reached within the aforementioned period, where permitted or provided for by applicable law, the void, invalid, or ineffective provision shall be replaced by the applicable statutory provisions. Without prejudice to the foregoing, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms shall not result in the invalidity of the entire Agreement, unless the provisions that are void, invalid, or ineffective within the framework of the Agreement are essential or of such importance that the parties would not have entered into the contract had they known that 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 may invite friends to purchase Products on this Website by sending them a special code provided by the Owner. Each code may be redeemed only once.
If any of the invited people purchases a Product on this Website and decides to redeem an invitation code, the User who invited them will receive the advantage or benefit (such as a discount, an additional service, an upgrade, etc.) indicated on this Website.
Invitation codes may be redeemable only for certain Products among those offered on this Website.

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

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

7. DISPUTE RESOLUTION

7.1. Users may report any disputes to the Owner, who will attempt to resolve them amicably. Without prejudice to Users’ right to bring legal proceedings, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner using the contact details provided in this document. The User may submit a complaint to the Owner’s email address indicated in this document, including a brief description and, where applicable, the details of the relevant order, purchase, or account. The Owner 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 facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts. Therefore, any European Consumer may use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.