These terms and conditions apply to all orders and purchases made through Omatti Shop, which is available on www.Omatti.com (Website) and all subpages to the website. By ordering from the Website, you agree that these conditions apply between you and We . This website is hosted by Omatti, with registered office in Astano, Switzerland. This page, together with the documents referred, tells you the terms and conditions for which Omatti supplies any of the products listed on the Website and the terms for which you may use our Website. Please read these terms and conditions carefully before using and ordering any products from our Website. By ordering any of our products you hereby agree to be bound by these terms and conditions.
1. How the contract is formed between you and Omatti
1.1 After placing an order you will receive an e-mail from Omatti acknowledging that we have received your order. This does not mean that your order has been accepted. Placing an order only constitutes an offer to Omatti to buy a product.
1.2 All orders are subject to acceptance by Omatti and are subject to availability. Acceptance of an order will be confirmed via e-mail that confirms that the product has been dispatched (the Shipping Confirmation). The contract between you and Omatti is formed only when Omatti sends you the Shipping Confirmation.
1.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipping Confirmation.
1.4 In the event that Omatti is unable to determine your residential address your order will not be valid. Omatti claims the right in individual cases, to refuse orders.
2. Delivery and Shipping Charges
2.1 We will attempt to fulfill your order by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, within a reasonable time of the date of the Shipping Confirmation, normally within 2-3 days. Delivery dates are not guaranteed and delays may occur.
2.2 Omatti ships all orders using Swiss Post.
3. Unclaimed packages
3.1 If an order cannot be delivered or collected at a pick-up center, or if a shipment will be returned to us due to incorrect address, Omatti charges all cost related to the shipment.
4. Price and payment
4.1 The price of any Products will be as displayed on our website, except in the case of an error. Unless otherwise stated, these prices do not include delivery costs and payment fees, which will be added to the total amount due.
4.3 Prices are liable to change at any time at Omatti’s discretion, but changes will not affect any orders for which Omatti have already sent a Shipping Confirmation.
4.4 Omatti’s website contains a large amount of Products and it is always possible that, despite our best efforts, some of the Products listed on our website may be incorrectly priced. Omatti verifies all prices as part of our dispatch procedures so that, if a Product’s correct price is lower than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
4.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
5. Distance Selling Regulations
5.1 You reserve the right to return an order any time within 10 business days, beginning the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with Clause 6.
5.2 To cancel an order, you must inform Omatti in writing. You must also return the Product(s) to Omatti immediately, in the same condition in which you received them, and at your own cost and risk. You must not remove any of the security or other tags from the Product. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6. Returns and Refunds
14 Day Return Policy
6.1 Omatti offers a refund on most purchases if returned in the condition in which they were sold within 10 days beginning on the day after you received the Products. The refund is only offered if the Products are not used and returned to Omatti in their original condition as described in Clause 6.2.
6.2 If you decide to return the products for any reason, they products must not be used and must be handled with extreme care while they are in your possession. The goods must be returned to Omatti intact, undamaged, with their original packaging and as soon as reasonably possible. You must not remove any of the security or other tags from the Product. We will be unable to accept the return of any item where there is evidence that these instructions have not been followed.
Faulty or Incorrect Goods
6.3 If the item(s) you have received are faulty or if you have received an incorrect item to that which you ordered, please contact info@omatti.com quoting your order reference number, your name and address, contact phone and details of the product as well as the reason for return, and whether you request a refund or a replacement. We will then advise on how to proceed with the return. Once we have received the item, we will inspect the item and issue you a refund or a replacement (as requested) if appropriate, subject to our confirmation of the fault.
Return procedure
6.4 If you wish to return your item from Omatti you may do so within 10 days after delivery of your order by sending an email to info@omatti.com including your order number, which item(s) you want to return and why you want to return it. You will then receive the necessary information in order to proceed with your return and getting your refund or replacement.
7. Events outside our control
7.1 Omatti will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act, event, omission, non-happening, or accident outside our reasonable control, including (without limitation) industrial action, civil commotion, war, riot, terrorist act, fire, explosion, storm, flood, any natural disaster, impossibility of use of appropriate modes of transport, technological or communication problems (Force Majeure Event).
7.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
8. Privacy
8.1 Your personal information will only be used within Omatti and by those third parties engaged by us to assist in providing services, information and products to you. Omatti does not sell, rent, assign or give your information to any third party other than the aforementioned. You are entitled to see the personal information stored upon request. If you have any questions regarding data security or wish to change any personal information provided to us, please e-mailinfo@omatti.com.
9. Waiver
9.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Omatti of any default shall not constitute a waiver of any subsequent default. No waiver by Omatti of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Bedigliora 30 January 2016