Conditions of Promo

The Conditions of Promo herein regulate the offer and Promo at a distance of the products of the company U.G.A. Nutraceuticals Srl (henceforth the Company).

1) You must be of legal age to make a purchase. Purchases made by telephone, e-mail, by fax or on the website www.omegor.com are governed, to the extent not expressly provided for in the following terms and conditions of purchase, by Legislative Decree No. 206/2005 Consumer Code on the protection of consumers in respect of distance contracts.

2) The supplier of the products is U.G.A. Nutraceuticals Srl, with registered office in via Leonardo da Vinci, 129/C 06024 Gubbio (PG), P.I. 02801680543 and operating office in via A.Varisco 2, 20900 Monza (MB), R.E.A. n. 241871 Tel. 039 9000200 Fax. 039 6775846.

3) Prices (inclusive of VAT and any other fees and taxes) are indicated from time to time through the channels of Promo indicated next to the volumes of product you intend to order. The Company charges as a fee for nationwide shipping service an amount determined according to the purchase volume including VAT and any other taxes and fees.

4) The Company reserves the right to change product prices and shipping charges without notice. Any new amounts will be effective from the time they are posted on www.omegor.com and will be applied to sales made from that time.

5) The Company will send, after the conclusion of the order, an e-mail with the order confirmation. The consumer is invited to print the e-mail and keep it. In case he/she does not receive it, the consumer is invited to contact the Company.

6) In case of any impossibility, even temporary, to fulfill the order in a partial or total way, the Company will promptly send an e-mail to make arrangements with the consumer, without prejudice to the possibility for the consumer to request the cancellation, even partial, of the order and the refund of the corresponding amount that may have already been paid by credit card.

7) In the event that the user's information is incomplete or otherwise inaccurate (so as to make it impossible to deliver the package), the Company will contact the user before processing the order and reserves the right to request payment upon delivery or by credit card.

8) The Company currently provides for the following methods of prepayment when the order is sent:

Payment by credit card VISA, VISA Electron, MasterCard, PostePay; American Express, Diners, Paypal
by bank transfer to BANCA INTESA IBAN: IT89M03069031101000013518 and BIC: BCITITMM
The postal bulletin and transfer should be made out to U.G.A. Nutraceuticals Srl, via A. Varisco 2, 20900 Monza (MB). In the reason for the Transfer, enter the number of the order confirmation.

9) Payment by Bank Transfer and Postal Bulletin must be made before sending the goods. . In order to expedite the completion of the procedure of sending the goods you can anticipate the receipt of the bank transfer by fax +39 03906775846. This allows us to minimize any errors and inaccuracies, often due to overlapping payments from the same user, thus simplifying the management of invoices.

10) Inside the package will be included the tax receipt or accompanying invoice for the order, detailing the products purchased and their prices.

11) The Company, except in cases of force majeure, will promptly deliver the purchased products by express courier, which guarantees delivery, throughout the country, in 24/96 hours on average, starting from the day following the day of payment of the order.

12) Delivery is made Monday through Friday during normal business hours (9 a.m. to 1 p.m.; 2 p.m. to 6 p.m.). In the event that the courier is unable to make the delivery due to the absence of the recipient, after two attempts it will leave a notice of attempted delivery with the details of the address to contact to arrange delivery. The Company will make every effort to have the products delivered to the consumer within the specified time. The consumer is encouraged to contact the Company in case of delay in delivery and in any case to report any inefficiency detected.
Passing of risk.The risk of loss of or damage to the goods due to causes not attributable to the seller shall pass to the consumer only at the time when the consumer, or a third party designated by the consumer and other than the carrier, takes physical possession of the goods.
However, the risk transfers to the consumer already at the time of delivery of the goods to the carrier if
the latter was chosen by the consumer and such choice was not proposed by the trader, without prejudice to the consumer's rights against the carrier.

13) Warranty. The customer shall enjoy both the ordinary warranty provided by the Civil Code, set forth in this article, and the warranty for any lack of conformity provided by the Consumer Code, set forth in the following article.
U.G.A. Nutraceuticals warrants that the Products are free from defects in materials and workmanship for a period of 12 (twelve) months from delivery, subject to the limitations set forth in Article 15 ("Warranty Exclusions and Limitations").
During the warranty period, the Products and their accessories (if defective under the preceding paragraph) will be repaired or replaced by U.G.A. Nutraceuticals without charge for either parts or labor (where applicable). Inactivity of the Products caused by the repair periods will not extend the warranty period.

14) Additional legal warranty for the Customer. In addition to the warranty provided for defects in the thing sold under the provisions in force, up to two (2) years from delivery of the Products, U.G.A. Nutraceuticals is liable to Consumer Customers, pursuant to Articles 130 and 132 of Legislative Decree 206/2005, for any lack of conformity of the products existing at the time of delivery. A lack of conformity shall be deemed to exist if: (i) the product is not fit for the use for which goods of the same type are ordinarily used; or (ii) it does not conform to the description or does not possess the qualities referred to in the sample or model possibly shown by U.G.A. Nutraceuticals; or (iii) does not offer the usual qualities and performance of goods of the same type that the Consumer may legitimately expect; or (iv) is not suitable for the particular use intended by the Consumer if brought to the knowledge of the Seller at the time of purchase and accepted by U.G.A. Nutraceuticals.
The Customer forfeits the rights recognized to him/her by Article 130, paragraph 2 of Legislative Decree 206/2005 if he/she does not report to U.G.A. Nutraceuticals the lack of conformity within the term of two (2) months from the date on which he discovered the defect.
U.G.A. Nutraceuticals will make every diligent effort to replace at its own care and expense, with other products of the same quality and title available at its warehouses, those Products delivered that are damaged or defective, provided that the same have been returned by the Client in the original packaging (complete with all its parts). If replacement with the same product is not possible, U.G.A. Nutraceuticals will refund the Customer the amount paid for the product found to be defective, excluding any further liability of U.G.A. Nutraceuticals in any capacity whatsoever.
The cases of exclusions and limitations of the warranty are explained in Article 15 ("Exclusions and limitations of the warranty").

15) Warranty Exclusions and Limitations. The shipping costs of sending by the Customer to U.G.A. Nutraceuticals for service shall be borne entirely by the Customer, while those related to the return shall be borne entirely by U.G.A. Nutraceuticals.
The warranty set forth in Articles 13 ("Warranty") and 14 ("Additional Legal Warranty for the Customer") is excluded if the Customer has damaged the Products through its own willful or negligent conduct, or otherwise if, through its own negligence and/or carelessness and/or for other reasons not attributable to U.G.A. Nutraceuticals, has damaged and/or rendered the Products defective, and/or exposed them to natural events, and/or used them improperly and/or without following the technical instructions set forth in any manuals, and/or performed and/or had performed by personnel not authorized by U.G.A. Nutraceuticals repairs, interventions or tampering, and/or has omitted the necessary maintenance, and/or has stored them improperly. The warranty is also excluded if the defects and/or faults and/or malfunctions result from use of the Products other than that referred to in the Contract and/or for which they were designed and manufactured, or in cases of normal wear and tear or deterioration of consumable parts.
Should U.G.A. Nutraceuticals finds that any defects or faults in one or more of the Customer's Products are attributable, directly or indirectly, to the Customer itself, the latter shall be required to pay the costs of verification incurred for this purpose, as well as, notwithstanding paragraph 1 of this article, the out-of-pocket expenses for the return thereof; U.G.A. Nutraceuticals, on its own initiative or at the Customer's request, may also send the Customer an estimate for repair (where applicable).

16) Conventional manufacturer's warranty. Notwithstanding statutory warranties, certain products enjoy, in addition to the statutory warranty provided, a conventional warranty offered by the individual manufacturer to the purchaser. U.G.A. Nutraceuticals, where possible or not unduly burdensome, makes mention of this in the data sheet of each product. Conditions and terms of such warranties are defined by each manufacturer, which is a third party to U.G.A. Nutraceuticals.

17) Right of Withdrawal. The Customer has the right to withdraw from the contract, without stating reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by him, acquires physical possession of the products.
In the case of a contract for multiple products ordered by the Customer, in a single order and delivered separately, the withdrawal period shall expire after 14 (fourteen) days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the last product.
In order to exercise the right of withdrawal, the Customer must inform U.G.A. Nutraceuticals at one of the addresses transcribed below: U.G.A. Nutraceuticals Srl, via A. Varisco 2, 20900 Monza (MB), Fax. 039 6775846. e-mail servizio.clienti@omegor.com or to uganutraceuticals@legalmail.it (P.E.C. address).
The Client must notify U.G.A. Nutraceuticals of its decision to withdraw from the contract entered into with U.G.A. Nutraceuticals by means of an explicit statement by sending a letter by mail, fax or e-mail to the addresses in the preceding paragraph. To this end, the customer may download here an example of a Sample Letter for communicating withdrawal but that it is not mandatory.

In order to comply with the withdrawal period, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
Pursuant to Article 54, paragraph 4, of the Consumer Code, the burden of proof regarding the exercise of the right of withdrawal is on the Customer, so it is advisable that such communication be sent to U.G.A. Nutraceuticals by registered letter with acknowledgment of receipt to the following address: U.G.A. Nutraceuticals S.r.l., Via A. Varisco 2, 20900, Monza (MB); or by P.E.C. to uganutraceuticals@legalmail.it; or by any other means suitable to prove with certainty the mailing and receipt of the communication by U.G.A. Nutraceuticals.

18) Effect of withdrawal. If the Customer withdraws from the contract entered into with U.G.A. Nutraceuticals, he/she shall be refunded all payments he/she has made, including delivery costs (with the exception of additional costs resulting from his/her choice of a type of delivery other than the least expensive type of standard delivery offered by U.G.A. Nutraceuticals), without undue delay and in no event later than 14 (fourteen) days after the day on which U.G.A. Nutraceuticals was informed of the Client's decision to withdraw from the contract.

Said refunds will be made using the same means of payment used by Customer for the initial transaction, unless Customer has expressly agreed otherwise; in any event, Customer shall not incur any costs as a result of such refund. Refunds may be suspended until receipt of the goods, or until Customer demonstrates that it has returned the goods, whichever is earlier.

The Customer shall return the goods or deliver them to U.G.A. Nutraceuticals at the following address: U.G.A. Nutraceuticals, Via A. Varisco 2, 20900, Monza (MB); without undue delay and in any case within 14 (fourteen) days from the day on which you notified U.G.A. Nutraceuticals its withdrawal from the contract. The deadline is met if the Customer returns the goods before the expiration of the 14 (fourteen) day period.

The direct costs of returning the goods will be borne by U.G.A. Nutraceuticals.

The Customer is liable only for the decrease in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics, and operation of the goods.

19) Applicable Law, Alternative Dispute Resolution, and Jurisdiction. Relations arising from the Contract shall be governed by Italian Law. U.G.A. Nutraceuticals informs the Consumer Customer, pursuant to Article 141-sexies, third paragraph, Consumer Code, that in the event that a dispute cannot be resolved between the Customer and U.G.A. Nutraceuticals as a result of a complaint filed directly by the Consumer Customer, U.G.A. Nutraceuticals will inform him/her about the Alternative Dispute Resolution (ADR) bodies competent to settle such disputes out of court, stating whether or not he/she intends to use the aforementioned bodies to resolve the dispute.
U.G.A. Nutraceuticals informs the Client that, pursuant to Regulation (EU) No. 524/2013, a European ODR platform (so-called ODR platform) has been established to facilitate the out-of-court resolution of disputes, arising between consumers and professionals, concerning contractual obligations arising from Promo or online service contracts between a consumer residing in the Union and a professional established in the Union. This ODR platform, to which the Client may resort to resolve disputes that may have arisen with U.G.A. Nutraceuticals, can be accessed via the Internet address http://ec.europa.eu/consumers/odr/.
Regardless of the outcome of the out-of-court dispute resolution procedure that may have been established, the Client's right to bring the matter before the Judicial Authority of his or her place of residence or domicile shall remain unaffected in all cases.
Disputes with Consumer Customers residing outside the Italian territory are devolved to the jurisdiction of the Court of Milan.
For any dispute that may arise regarding the application, interpretation and execution of the Contract, the Court of Milan shall have exclusive jurisdiction if the Contract is concluded with a Professional Customer.