Terms of service

GENERAL TERMS & CONDITIONS OF SALE

1. PREFACE

The present General Terms and Conditions of sale govern the offer and sale of products (hereinafter the "Products") packaged by the OTAMATAPAIO Station Limited (Tax ID and VAT n° 02749970022), a New Zealand law company, with registered office at Valdengo, Via Via Cristoforo Colombo 13/A, registered with the Companies Register of Biella n.BI – 305464 (hereinafter also “Otamatapaio” or “Company”) and marketed online through the website www.otamatapaio.com (hereinafter “the Site”) accessible to the end consumer (hereinafter also “Customer” or “User”) who intends to purchase such Products.

The Site is owned by Otamatapaio and is intended for retail sale of consumer Products, in compliance with the legislation on contracts concluded at a distance referred to in articles 50 and followings of Legislative Decree n° 206/2005 (Consumer Code) and Legislative Decree n° 70/2003 (Implementation of Directive 2000/31/EC on electronic commerce) and subsequent amendments and additions.

All purchases concluded by the Customer through the Site are governed by these General Terms and Conditions in accordance with Italian law. The Customer shall, before sending the order, read carefully these General Terms and Conditions that have been made available to him on the Site to allow him to reproduce and store them.

2) GENERAL INFORMATION

The Products and their prices presented on the Site constitute a distance sale made through the internet network. The e-commerce activity carried out by the Company is aimed exclusively at adult customers who purchase the Products for consumption purposes. Subjects holding a VAT number who intend to purchase products for purposes other than those indicated cannot place orders, without prior written authorization from the Company. Therefore, the Customer is prohibited from reselling the products purchased on the site.

Otamatapaio reserves the right at any time to modify, suspend or discontinue all or part of the Site's services, informing in advance those who have placed an order on the Site.

3) DESCRIPTION OF PRODUCTS AND PRICES

Each Product present on the Site and on any specific online offers is accompanied by an information sheet that illustrates its main features ("Product Sheet"). It is understood that the image accompanying the descriptive sheet of a product is purely indicative and may not perfectly represent its characteristics; the images and colors of the Products offered for sale on the Site or of the reproduced environments may not correspond to the real ones due to the Internet browser and the monitor used by the User.

The duration of any promotions and/or offers is indicated in correspondence to the Product or offer to which it is referred, as well as the applied prices. All Prices indicated on the Site are expressed in Euro and include VAT, taxes and duties.

The Price highlighted on the Site at the time of sending the order applies to the Products, without any consideration of previous offers or any subsequent price changes. The prices, characteristics and availability of the Products may vary without notice.

4) Purchase Order

At the time of ordering the Products on the Site, the Customer declares and guarantees that: a) he/she is legally capable of making the purchase on the Site; b) he/she orders the Products for exclusively personal use and undertakes not to market, resell and/or distribute the Products in any way to third parties for non-private and in particular non-commercial purposes unless expressly authorized in writing by Otamatapaio; c) he/she is not allergic and/or intolerant to the ingredients and substances contained in the Products.

The Company is exempt from any verification burden and responsibility, relying on what the Customer declares.

Before making the purchase, the User selects the Products (or any offers) that are automatically placed in the cart. To confirm his purchases, the Customer accesses the shopping cart session by clicking on the "SHOPPING CART" button and completes the indicated fields that appear on the screen and whose content (products or errors) can be modified by the Customer at any time before the conclusion of the order. Along with the contents of the shopping cart, the Customer will display the corresponding amount to be paid, which will be automatically updated if the customer changes the selected Products or quantities. The Purchase Order (hereafter "Purchase Order") consists of the summary page, which is accessed after pressing the "Complete the order" button, which the User will take care to print and keep.

The Customer correctly completes the Order Procedure if the Site does not show any error message (the system cannot detect errors in reference to the data entered by the Customer in the field dedicated to addresses and shipping data).

The Customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe in his transactions with Otamatapaio, the general terms and conditions as well as payment conditions indicated below, declaring to have viewed and accepted all the indications provided to him in accordance with the above-mentioned rules. The Customer also declares the truthfulness of the data entered during registration and exempts the Company from verifying the correctness of the same.

The sale agreed between Otamatapaio and the Customer is deemed to be concluded with the acceptance, even if only partial, of the Order by the Company, acceptance that, except as otherwise provided, may also be tacit.

The Customer undertakes, once the online purchase procedure has been completed, to print and/or keep these general conditions, which, moreover, he will have already viewed and accepted as a compulsory step during the purchase phase. This is in order to fully satisfy the condition set out in articles 52 and 53 of the Consumer Code and subsequent amendments and additions.

In the event of possible unavailability of one or more Products offered on the Site and selected by the Customer, Otamatapaio will communicate this to the same within 3 working days. The availability of the products can be checked by directly consulting the online catalog available on the Site. If the quantity indicated in the order is not currently available, or a product has been sold out due to the coincidence of multiple orders, the customer will be promptly contacted by Customer Service and can decide whether to wait for the arrival of the product, replace it with another product or, in the case of credit card payment, request a refund on such card of the value of the product.

Regardless of the method of payment selected, in any case, only the actual value of the goods that will be delivered to the Customer will be charged.

In any case, any form of compensation for damages and/or indemnity towards the Customer is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-fulfillment, even partial, of an order.

5) Payment methods

Payment must be made exclusively in Euro. Unless otherwise indicated, the payment methods available on the Site are as follows:

• advance bank transfer;
• credit card, Paypal or Satispay.

Advance bank transfer.

In case of purchase via bank transfer, it is necessary to make a transfer of an amount equal to that on the "order confirmation", received via E-Mail, following the instructions contained therein.

The payment must be made within 3 days from the date the order was placed. After this deadline, the order will be automatically cancelled.

Credit Card

In cases of purchase of the Products by Credit Card, the transaction may take place through the secure PayPal server. It will still be the Customer's choice at the time of order conclusion. The charge of the amount due, as resulting from the purchase order sent by the Customer and accepted by Otamatapaio, is made at the end of the purchase procedure only after verifying the credit card data used by the Customer and the authorization to charge issued by the credit card issuing company used by the same. Since Otamatapaio does not become aware of the payment card data, under no circumstances can the Company be held responsible for any fraudulent and undue use of credit cards by third parties, at the time of payment for the purchased products.

PayPal or Satispay

Once the order is confirmed, the Customer will be redirected to the PayPal/Satispay site where he/she can make the payment with his/her account or by using a card, even prepaid, or in any case according to the methods accepted by Paypal/Satispay and in compliance with their conditions. In case of order cancellation, both by the Customer and in case of non-acceptance of the same by Otamatapaio, at the same time as the cancellation, the amount related to the canceled goods will be re-credited to the customer's Paypal/Satispay account.

For every order placed on the Site, a fiscal document will be issued and sent to the subject in whose name the Order is placed, along with the Products purchased.

6) TERMS and Delivery Methods

The products purchased will be delivered to the address indicated by the customer in the Purchase Order.

The delivery times indicated on the Site are those agreed with the couriers we use. Otamatapaio cannot be held responsible for any possible delays due to the above-mentioned couriers, or caused by unforeseen events (for example but not limited to: strikes, roadblocks, pandemics, epidemics, wars) or due to periods of major congestion in certain months of the year.

Unless explicitly indicated by our Customer Service, delivery is understood to be at street level. At the time of delivery of the goods by the courier, the presence of the Customer or a trusted person is required to check that the packaging is intact and that the Products received correspond to what is reported on the Purchase Order.

The Customer is required to check:

• that the number of parcels being delivered corresponds to what is indicated in the transport document;
• that the packaging is intact, not damaged, neither wet nor otherwise altered, even in the closing materials (adhesive tape or metal straps).

Any damages to the packaging and/or the Product(s) or the mismatch of the number of packages or indications, must be immediately contested, indicating the mention "WITHDRAWAL WITH RESERVATION" on the courier's proof of delivery specifying the reason for the reservation (e.g. crushed, damaged, wet packaging, etc.). The Customer is obliged to communicate via e-mail to Otamatapaio the occurrence of "withdrawal with reservation", also attaching photographs proving the defect. Once the courier's document has been signed, the Customer cannot contest the external characteristics of what has been delivered. Any problems regarding the physical integrity, correspondence or completeness of the Products received must be reported within 2 (two) working days from delivery, according to the procedures set out in these conditions.

7) Delivery charges

The delivery charges (hereinafter "Delivery Charges") are always excluded and are borne by the Customer. Delivery Charges and any other possible additional cost, including VAT and expressed in Euro (€), are adequately highlighted and indicated in the Purchase Order before the User proceeds to transmit the same. They are calculated based on the weight/volume/destination shipment of the Products ordered, as indicated on the Site.

8) RIGHT OF WITHDRAWAL

In accordance with the provisions of Article 59, lett. d), e) of the Consumer Code, the Customer cannot exercise the right of withdrawal (products that risk deteriorating or changing rapidly; sealed products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery) from the purchase of the Products.

9) Warranties and conformity defects

The legal guarantees provided by art. 129 of the Consumer Code apply to the sale of the Products. The Customer loses the warranty if he does not report the lack of conformity to the Company within two months from the date on which he discovered it, provided that it is not a Product that by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within a reduced term.

The guarantee of compliance and quality of goods shipped offered by the Company is strictly limited to compensating the Customer in the form of a refund, excluding any other indemnity. In particular, Otamatapaio will not be responsible for any direct or indirect damage, due to a defect in the Products.

10) Errors and limitations of liability

In no case can Otamatapaio be held responsible if the failure to perform or the delay in performing one or more obligations contained in these conditions arises from chance or from an unforeseen and unpredictable fact caused by third parties or from cases of force majeure (including, by way of example only: natural disasters, floods, fires, wars, terrorist acts, epidemics, pandemics, embargoes, network blackouts).

Otamatapaio takes the utmost care in representing and describing as accurately as possible the characteristics of the Products on the Site. However, all responsibility is declined in case of non-substantial difference between the reproduction of the Products on the Site and the Products delivered.

Otamatapaio's liability cannot also be invoked for any inconvenience or damage related to the use of the Internet network, in particular for service failures, external intrusions or the presence of computer viruses.

The information related to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which the Company therefore cannot be held responsible, except in case of intentional misconduct or gross negligence.

Otamatapaio reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notification, without prejudice to the Customer's rights under these General Terms and Conditions and the law.

Except in cases of fraud or gross negligence, any right of the Customer to compensation for damages or to the recognition of an indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or execution, even partial, of an order.

11) Intellectual property

The images of the Products on the Site are to be considered purely illustrative and non-binding. The images of the products for sale on the Site are to be considered the exclusive property of the respective owners and any copying or reproduction of the same for any type of use without the express consent of the Company is strictly prohibited.

All elements of the Site, whether visual or auditory, including the underlying technology, are protected by copyright, trademarks or patents. Any reproduction or representation, global or partial, of the elements of the Site constitutes infringement that may entail the civil and criminal liability of the author. It is strictly prohibited to insert a hyperlink that leads to the Site using the so-called technique of "framing" or "deep linking".

12) Applicable law and competent jurisdiction

The sales contract between the Customer and Otamatapaio is considered concluded in Italy and governed by Italian law, with the exception of rules of private international law.

As for what is not expressly provided by these General Conditions, the Consumer Code will apply if the Customer is a consumer.

For any dispute relating to the interpretation, execution or resolution of these General Terms and Conditions or individual purchase orders, under the Consumer Code, the court of the Customer's place of residence or domicile will have exclusive jurisdiction; in all other possible cases, territorial jurisdiction is exclusively that of the Court of Biella, any other competent court excluded.

Under Articles 1469 bis and following of the Civil Code, the Customer declares to have read, understood and specifically accept the following articles of these General Conditions: 4) Purchase Order; 6) Delivery terms and methods; 8) Right of withdrawal; 9) Guarantees and conformity defects; 10) Errors and limitations of liability; 12) Applicable law and competent court.