General Conditions of Sale
The present general conditions of sales regulate the sale of products and, where applicable, of services through the website in the time when Omnia Salute & Servizi srl operates as a seller (“General Conditions of Sale”).
We encourage you to read carefully these “General Conditions of Sales” before proceeding with any purchase. By carrying out any purchase, you fully accept these “General Conditions of Sales”.
1. OUR CONTRACT OF SALE
If you wish to buy one or more products, you can select them one by one, adding them to your shopping cart. When you have selected all the items you wish to buy, you may can close your cart and submit the order. At this point, you will see the summary page of your selected products, their price and delivery options (with the relevant costs).
To submit the order, you will click on the “Confirm Order” button at the bottom of the same page.
Now, your order (with the products listed) is considered as your purchase contract proposal directed at Omnia Salute & Servizi srl, in which each product is considered individually.
Upon receiving your order, we will automatically send a message to you to take charge of the order (“Order Receipted”). “Order Receipted” does not mean that we accepted your purchase contract proposal but we only confirm that we received your order and we submitted it to verification process for the availability of the products. The sales contract with Omnia Salute & Servizi srl will end when we will send a separate e-mail to you in which we accepted your purchase proposal. This e-mail will also contain information about the shipment and the estimated delivery time (“Shipment Confirmed”). In the event that your order is fulfilled through multiple shipments, you may receive different “Shipments Confirmed”. The debit will be made only when the items, included in your order, will be shipped. See the dedicated help page for further information on payment authorisation. You will be able to cancel your order before receiving the “Shipment Confirmed”, on condition that the order has not been prepared for the shipping. In this case you will not be charged for any cost. However, the right of withdrawal is subject to the terms and conditions in the following Article 2.
You agree to receive electronic invoices. These documents will be available in PDF within the website section My account. The order electronic invoice will be communicated to you together the “Shipment Confirmed”.
All orders placed on the website must correspond with the normal consumption needs. This requisite is applied both in relation to the number of products purchased with a single order and in the case of different orders relating to the same product, even if each order includes a quantity of products corresponding to normal consumption needs.
2.1 RIGHT OF WITHDRAWAL, EXCEPTIONS AND RETURN POLICIES OMNIA SALUTE & SERVIZI SRL
Subject to the exceptions set out below, you have the right to withdraw from the order, without providing any justification within 14 days of the day in which you received the product ordered (or last product, batch or piece in the case of goods, batch or multiple pieces delivered separately). If you have entrusted the pick up to a trusted person, the right of withdrawal starts on the delivery day of the product to the trusted person, different from the courier.
You must notify Omnia Salute & Servizi srl – Via Pietro Gobetti 2, 63839 Servigliano (FM) – that you want to exercise the right of withdrawal (i) using the function Contact us or (ii) using this form. In case of use the Return Center, we will send a confirmation of receipt to you.
In order to exercise the right of withdrawal, it is necessary to send the relative communication before the expiry of that 14 days period and the product must be returned to Omnia Salute & Servizi srl.
2.2 EFFECTS OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL
We refund all payments received in relation to the product for which you have decided to exercise the right of withdrawal. This includes shipping costs in relation to the cheapest condition of the shipment offered by Omnia Salute & Servizi srl, within 14 days of the day in which we received your decision to exercise the right of withdrawal. We will repay the amount on the same payment method that you used to make the order, unless otherwise agreed. In any case, for the refund you will not receive any extra cost. We will hold the refund until we have received the product and we have ensured the integrity of the product itself. You will have to bear the direct cost of returning the goods. You could be consider the responsible of the decrease in the value of the goods resulting from a handling goods themselves (different from a necessary handling to establish the nature, features and operation of the goods).
2.3 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in the case of:
– supply of sealed goods which are not suitable for the return because they have been opened (after delivery) and there is a problem with hygiene or for reasons relating to the health protection. Or supply of goods which have been mixed with other goods after delivery;
– supply of goods which must be save in a cool and dry place, protected from the light and the heat sources, in a undamaged packaging;
– supply of goods which are made to measure or personalised;
– supply of goods which risk deterioration or which have short deadline.
2.4 RETURN POLICIES OMNIA SALUTE & SERVIZI SRL
In addition to your rights deriving from the law, you can return the products sold by Omnia Salute & Servizi srl to Omnia Salute & Serivizi srl within 30 days of the delivery, subject to the exceptions to the right to withdraw, provided that they are intact and under the same conditions in which they were delivered.
In these cases, we will only refund the cost of the purchase. We will not refund delivery charges to send the products back to Omnia Salute & Servizi srl. You will be curating the delivery charges and the risks concerning the transport. These previsions are additional and they do not compromise neither your rights (deriving from the law) nor the right of withdrawal within 14 days above-mentioned.
3. PRICES AND AVAILABILITY
All prices include VAT applicable in accordance with the law.
Information about availability of the products that we sell are listed on the website and on the presentation page of each product. In addition, we can give more detailed information regarding the availability of products. Please consider that the estimated time of dispatch and delivery of the products are indicative and we can not rely on them. Once we have received your order, by e-mail we will notify you if some ordered products are not available.
Despite all reasonable efforts, it may happen that in our catalog there will be wrong price or wrong storage of the products. In any case, we will check everything in the verification process of the order and before the shipment. If, due to mistakes or other inconveniences, the sales price indicated in our website is lower than the real sales price, we will contact you to know if you still want to buy the product but at the real price. Instead, if the sales price indicated is higher than the real sales price, you will pay the real price and we will send product to you.
4. CUSTOMS
If the goods ordered from srl Salute & Servizi srl will be deliver out of Italy, you could be taxable for the importation, payable when the package reaches the specified destination. Any additional cost of customs clearance will be your charge. That is because we are not in control of these costs and we can not predict them. The customs policies vary enormously from country to country and you should take further information from the local customs office. Please keep in mind that you are an importer when you make an order on our website, therefore you have to be conformed with the legislation of the country in which you will receive the goods. Your privacy is important to us and we certainly know that you care about how your personal information are use and share. We would like to see that our international customers, and the one that ship the goods overseas are aware because the cross-border deliveries could be subjected to opening and inspection on the part of customs authorities.
5. ASSURANCES ABOUT THE PRODUCTS SOLD BY OMNIA SALUTE & SERVIZI SRL AND LIMITS OF LIABILITY
The assurance about the products sold by Omnia Salute & Servizi srl discriminates between the purchaser as a “consumer” or a “professional”, in accordance with the Directive 1999/44 / CE concerning “aspects of sales contracts and assurances about the consumer goods”.
If you buy as a “consumer”, you legally benefit from the guarantee of conformity for any goods sold (“Legal Guarantee”).
The Legal Guarantee – which is held by Omnia Salute & Servizi srl as a seller – guarantees the good from lack of conformity compared to the contract of sale.
In accordance with the law, in the case of applicability of the Legal Guarantee, you will be entitled to the restoration without charges of the conformity of the goods by repair or replacement, or, if this is not possible, a reduction of the purchase price or a resolution of the contract. Omnia Salute & Servizi srl answers lack of conformity if they will show as non-compliant. You will still have the commitment of reporting the lack of conformity within two months of the discovery date.
During the period of validity of the Legal Guarantee, if you find a lack of conformity on the goods bought from Omnia Salute & Servizi srl please contact Customer Service.
Within the constraint of the law, Omnia Salute & Servizi srl declines all responsibility if the delivered product does not respect the legislation of country of consignment other than Italy.
Omnia Salute & Servizi srl will not be responsible in case of delay in delivery of goods due to insufficient stocks at the publisher or supplier.
We will not be responsible in case of no substantial differences between the purchased goods and their illustrative images and the descriptions posted on our website.
Except for fraud or grave fault, we are only responsible for direct and foreseeable damage at the time of conclusion of the sales contract. Therefore, we will not be responsible for any losses suffered, loss of earnings or any other damage which is not an immediate and direct consequence of our non-fulfilment or which it could not be foreseen at the time of conclusion of the sales contract. Omnia Salute & Servizi srl is in no way be responsible for the fulfillment of the obligations on the third parties who may offer commercial guarantees in relation to the products sold on our website.
6. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are regulated and must be interpreted in accordance with the laws of the Italian Republic and the application of the United Nations Convention on Contracts of the international sale of goods is expressly excluded. You accept, and we also accept, to submit to the non-exclusive jurisdiction of the Courts of Fermo. As a consumer, you can act in front of the Courts of Fermo or the Member State of the European Union in which you are resident or domiciled to promote a dispute against these General Conditions of Sale. If you are a consumer and you have your habitual residence in the European Union, you could benefit from the additional protection provided by the rules of your country of residence.
7. CHANGES TO THE GENERAL CONDITIONS OF SALE
We reserve the right to modify our website, our policies and these General Conditions of Sale at any time to offer new products or services, or to conform ourselves to legal or regulatory disposition. When you order in our website, you will be subject to the policies and terms of the General Sales Conditions in force, unless the changes to these policies and terms are required by applicable law or competent authorities. In this case, these changes will also apply to your previous orders. If any prevision of these conditions is believed to be invalid or for any reason inapplicable, this condition will not compromise the validity and efficacy of the other previsions.
8. WAIVER
In the event of your non-compliance with these General Conditions of Sale, our failure to act towards you it will not represent a our waiver, because you have violated your commitment.
9. MINORS
We do not sell products to minors. We sell products for children which can be bought by adults. If you are under 18 years of age, you can use Omnia Salute & Servizi srl only together a parent or guardian.
10. OUR CONTACTS
Omnia Salute & Servizi Srl
Via Pietro Gobetti n. 2
63839 Servigliano (FM) – Italy
Doctor Tirabassi Monia
VAT registration number: 02246540443
Phone number: 0734 710137
E-mail: ordini@omniasalute.com