Terms of Sale

The Conditions of Sale reported here regulate the offer and remote sale of the products of the company UGA Nutraceuticals Srl (hereinafter the Company).

1) To make a purchase you must be of legal age. Purchases made by telephone, e-mail, fax or on the website www.omegor.com are regulated, for anything not expressly provided for in the following purchase conditions, by Legislative Decree no. 206/2005 Consumer Code relating to the protection of consumers in matters of distance contracts.

2) The supplier of the products is UGA Nutraceuticals Srl, with registered office in via Leonardo da Vinci, 129/C 06024 Gubbio (PG), PI 02801680543 and operational headquarters in via A.Varisco 2, 20900 Monza (MB), REA n. 241871 Tel. 039 9000200 Fax. 039 6775846.

3) Prices (including VAT and any other tax and duty) are indicated from time to time through the sales channels indicated next to the volumes of product that you intend to order. The Company charges as a contribution for the shipping service throughout the national territory an amount established based on the purchase volume including VAT and any other tax and duty.

4) The Company reserves the right to change the prices of the products and the contribution of shipping costs without notice. Any new amounts will be effective from the moment they are published on the website www.omegor.com and will be applied to sales made from that moment.

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. If the consumer does not receive it, he is invited to contact the Company.

6) In the event of any impossibility, even temporary, to process the order partially or totally, the Company will promptly send an email 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 possibly already paid by credit card.

7) If the user's data is incomplete or in any case inaccurate (so as to make delivery of the package impossible), 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 the following methods of advance payment upon sending the order:

Payment by credit card VISA, VISA Electron, MasterCard, PostePay; American Express, Diners, Paypal
by bank transfer to BANCA INTESA IBAN: IT89M0306903110100000013518 and BIC: BCITITMM
The postal order and the bank transfer must be made out to UGA Nutraceuticals Srl, via A. Varisco 2, 20900 Monza (MB). In the reason for the bank transfer, enter the order confirmation number.

9) Payment by bank transfer and postal order must be made before shipping the goods. In order to speed up the procedure for shipping 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 by the same user, thus simplifying the management of invoices.

10) Inside the package you will find the receipt or accompanying invoice relating to the order, with the details of the products purchased and their prices.

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

12) Delivery takes place from Monday to Friday during normal working hours (9-13; 14-18). In the event that the courier is unable to make the delivery due to the recipient's absence, after two attempts he will leave a notice of attempted delivery with the contact details to contact to arrange delivery. The Company will do everything possible to have the products delivered to the consumer within the indicated timeframes. The consumer is invited to contact the Company in the event of a delay in delivery and in any case to report any disservice detected.
Passage of risk. The risk of loss or damage to the goods for reasons not attributable to the seller is transferred to the consumer only when the latter, or a third party designated by him and other than the carrier, physically takes possession of the goods.
However, the risk is transferred to the consumer already at the moment of delivery of the goods to the carrier if
the latter has been chosen by the consumer and such choice has not been proposed by the professional, without prejudice to the consumer's rights against the carrier.

13) Warranty. The customer enjoys both the ordinary warranty provided by the Civil Code, referred to in this article, and the warranty for any defects of conformity provided by the Consumer Code, referred to in the following article.
UGA 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 art. 15 (“Warranty Exclusions and Limitations”).
During the warranty period, the Products and their accessories (if defective pursuant to the preceding paragraph) will be repaired or replaced by UGA Nutraceuticals without charge for either spare parts or labor (where applicable). Inactivity of the Products resulting from repair periods does not entail an extension of the warranty period.

14) Additional legal guarantee for the Customer. In addition to the guarantee provided for defects in the item sold pursuant to the provisions in force, up to two (2) years from delivery of the Products, UGA Nutraceuticals is responsible towards 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. The lack of conformity is considered to exist if: (i) the product is not suitable for the use for which goods of the same type are normally used; or (ii) does not conform to the description or does not possess the qualities indicated in the sample or model possibly shown by UGA Nutraceuticals; or (iii) does not offer the usual qualities and performances of a good of the same type that the Consumer can legitimately expect; or (iv) is not suitable for the particular use desired by the Consumer if brought to the attention of the seller at the time of purchase and accepted by UGA Nutraceuticals.
The Customer loses the rights recognized to him by art. 130, paragraph 2 of Legislative Decree 206/2005 if he does not report the lack of conformity to UGA Nutraceuticals within two (2) months from the date on which he discovered the defect.
UGA Nutraceuticals will make every diligent effort to replace, at its own expense, with other products of the same quality and title available in its warehouses, those delivered Products that are damaged or defective, provided that they have been returned by the Customer in the original packaging (complete with all the parts that compose it). If replacement with the same product is not possible, UGA Nutraceuticals will refund the Customer the amount paid for the defective product, excluding any further liability of UGA Nutraceuticals, for any reason.
The cases of exclusion and limitation of the guarantee are explained in art. 15 (“Exclusions and limitations of the guarantee”).

15) Warranty Exclusions and Limitations. The shipping costs for sending the Customer to UGA Nutraceuticals for assistance will be entirely borne by the Customer, while those related to the return will be entirely borne by UGA Nutraceuticals.
The warranty referred to in articles 13 (“Warranty”) and 14 (“Additional legal warranty for the Customer”) is excluded if the Customer has damaged the Products through his own willful or negligent conduct, or in any case if, through his negligence and/or carelessness and/or for other reasons not attributable to UGA Nutraceuticals, he has damaged and/or made the Products defective, and/or exposed them to natural events and/or used them improperly and/or without following the technical instructions indicated in any manuals, and/or carried out and/or had carried out by personnel not authorized by UGA Nutraceuticals repairs, interventions or tampering, and/or omitted the necessary maintenance, and/or stored them incorrectly. The warranty is also excluded if the defects and/or faults and/or malfunctions arise from a use of the Products other than that indicated 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.
If UGA Nutraceuticals finds that any faults or defects in one or more of the Customer's Products are attributable, directly or indirectly, to the Customer himself, the latter will be required to pay the costs of verification incurred for this purpose, as well as, in derogation of paragraph 1 of this article, the out-of-pocket expenses for the relative return; UGA Nutraceuticals, on its own initiative or at the request of the Customer, may also send the latter a quote for the repair (where applicable).

16) Conventional manufacturer's warranty. Without prejudice to the legal guarantees, certain products benefit, in addition to the legal guarantee provided, from a conventional warranty offered by the individual manufacturer to the purchaser. UGA Nutraceuticals, where possible or not excessively onerous, mentions this in the sheet of each product. The terms and conditions of such warranties are defined by each manufacturer, who is a third party with respect to UGA Nutraceuticals.

17) Right of withdrawal. The Customer has the right to withdraw from the contract, without indicating the 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 relating to multiple products ordered by the Customer, in a single order and delivered separately, 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 last product.
To exercise the right of withdrawal, the Customer is required to inform UGA Nutraceuticals at one of the addresses listed below: UGA Nutraceuticals Srl, via A. Varisco 2, 20900 Monza (MB), Fax. 039 6775846 .  e-mail servizio.clienti@omegor.com or at uganutraceuticals@legalmail.it (PEC address).
The Customer must communicate his decision to withdraw from the contract stipulated with UGA Nutraceuticals through an explicit declaration, sending a letter by post, fax or email to the addresses indicated in the previous paragraph. For this purpose, the customer can download here an example of a Standard Letter to communicate the withdrawal but it is not mandatory.

To comply with the withdrawal deadline, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.
Pursuant to art. 54, paragraph 4, of the Consumer Code, the burden of proof relating to the exercise of the right of withdrawal lies with the Customer, therefore it is advisable that such communication be sent to UGA Nutraceuticals by registered letter with acknowledgement of receipt to the following address: UGA Nutraceuticals Srl, Via A. Varisco 2, 20900, Monza (MB); or by certified email to the address uganutraceuticals@legalmail.it ; or by any other means suitable to demonstrate with certainty the sending and receipt of the communication by UGA Nutraceuticals.

18) Effects of withdrawal. If the Customer withdraws from the contract stipulated with UGA Nutraceuticals, all payments made will be refunded, including delivery costs (with the exception of additional costs resulting from the Customer's possible choice of a type of delivery other than the least expensive type of standard delivery offered by UGA Nutraceuticals), without undue delay and in any case no later than 14 (fourteen) days from the day on which UGA Nutraceuticals was informed of the Customer's decision to withdraw from the contract. Any customs costs or import costs applied by third-party authorities, for which UGA Nutraceuticals is not responsible, are excluded from the refund.

Such refunds will be made using the same means of payment used by the Customer for the initial transaction, unless he has expressly agreed otherwise; in any case, the Customer will not have to bear any costs as a consequence of such refund. The refund may be suspended until the goods are received, or until the Customer has demonstrated that he has sent back the goods, whichever is earlier.

The Customer must return the goods or deliver them to UGA Nutraceuticals at the following address: UGA Nutraceuticals, Via A. Varisco 2, 20900, Monza (MB); without undue delay and in any case within 14 (fourteen) days from the day on which he communicated to UGA Nutraceuticals his withdrawal from the contract. The deadline is respected if the Customer returns the goods before the expiry of the period of 14 (fourteen) days.

The direct costs of returning the goods will be borne by the Customer, unless UGA Nutraceuticals has expressly offered free returns.

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

19) Applicable law, alternative dispute resolution, and competent court. The relationships arising from the Contract are governed by Italian law. UGA Nutraceuticals informs the Consumer Customer, pursuant to art. 141-sexies, third paragraph, Consumer Code, that in the event that it is not possible to resolve a dispute between the Customer and UGA Nutraceuticals following a complaint submitted directly by the Consumer Customer, UGA Nutraceuticals will inform him/her of the competent Alternative Dispute Resolution (ADR) bodies to resolve such disputes out of court, specifying whether or not it intends to avail itself of the aforementioned bodies to resolve the dispute itself.
UGA Nutraceuticals informs the Customer 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 online sales or service contracts between a consumer resident in the Union and a professional established in the Union. This ODR platform, which the Customer can use to resolve any disputes that may arise with UGA Nutraceuticals, can be consulted via the internet address http://ec.europa.eu/consumers/odr/ .
Regardless of the outcome of the out-of-court settlement procedure of any dispute that may be initiated, the Customer retains the right to appeal to the Judicial Authority of his place of residence or domicile.
Disputes with Consumer Customers residing outside of Italy are subject to the jurisdiction of the Court of Milan.
For any dispute that may arise in relation to the application, interpretation and execution of the Contract, the Court of Milan will have exclusive jurisdiction if the Contract is concluded with a Professional Client .