Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE WEBSITE
Please read these general terms and conditions of sale and use of the website www.ogm-plant.com ("website") carefully. This document contains important information on the rights and obligations of the user.
These terms and conditions ("terms and conditions of sale") shall apply in the event of the purchase of OGM brand products offered on the website (“products”).
The products contained on the website are manufactured and sold by E.M. Industries srl ("seller").
1.1 Products sold on the www.ogm-plant.com website can be purchased and delivered only in the countries indicated on the order form.
1.2 Orders may be placed only by individual customers (end consumer); products purchased are intended solely for personal use and not for resale. Any resale or distribution of products purchased on the website is strictly prohibited.
1.3 While every effort has been made to ensure the colours, design and style of the products shown on the website are reproduced as accurately as possible, there may be differences due to the characteristics of the computer used by the user. Therefore the seller cannot be held liable for any errors or inaccuracies in the photographs or graphical representations of the products displayed on the website.
1.4 Offers on products and prices are valid subject to availability. Information on product availability is provided at the time of ordering; in the event of a product being unavailable after an order has been placed, the user will be informed as soon as possible with the option either to order another product on the website or to cancel the order. In the event of cancellation, a refund will be issued immediately.
1.5 Before placing an order, the customer will receive an order summary message with details of the items selected as well as the quantities and prices. It is important to read this summary carefully before confirming the order.
1.6 The seller shall not be liable in the event of stock not being available or there being a shortage of products.
1.7 The seller reserves the right to modify the products offered on this website at any time and without notice.
2. ORDER CONFIRMATION – BINDING AGREEMENT
2.1 All orders are subject to written acceptance by the seller and will be confirmed by the seller via email.
2.2 Before completing the order, you will be asked to confirm that you have read the general terms and conditions of sale including the information on the right of cancellation and the processing of your personal data.
2.3 Confirmation of the order by the seller and these terms and conditions of sale will be taken to be a final and concluded agreement between the seller and the user with regard to the points contained in these terms and conditions of sale.
2.4 The order may not be changed or cancelled except as provided for herein or in accordance with the applicable legislation.
2.5 The data recorded by the website constitutes proof of all the transactions concluded between the seller and customer. In the event of a dispute between the seller and one of its customers about a transaction carried out on the website, the data recoded by the website shall be deemed irrefutable proof of the transaction and of its contents.
3.1 All prices shown on the website and in the order are in EURO and are inclusive of VAT.
3.2 The seller reserves the right to modify the prices of products at any time and without notice to the user, who, however, will be charged the prices displayed on the website at the time of confirmation of the order.
4. PAYMENT METHODS
4.1 Payment of the product price and applicable shipping and delivery costs can be made using the methods indicated on the order form, which are summarised below:
4.1.1 PayPal (PayPal account or Credit/Debit card accepted by PayPal)
4.1.2 Bank transfer to “E.M. INDUSTRIES srl” using the following bank details:
BCC Villafranca di Verona branch, Via Rensi 8, 37069 Villafranca di Verona (VR), ITALY
IBAN: IT 81 K 08454 599600 0000 0450 051
For points 4.1.1 (PayPal) and 4.1.2 (Bank transfer), the order will be processed as soon as payment is received.
5. SHIPPING AND DELIVERY
5.1 Products will be sent by a carrier nominated by the seller to the shipping address specified during the order process. In the event of changes to the address, the company will not be held liable for orders not delivered to the correct destination.
5.2 Standard shipping will be free. If, however, during checkout, express shipping is selected, the user must bear the shipping costs for delivery of the products purchased on the website. The user will be informed of the express shipping costs before completing the order and this amount will be payable by the user together with the price of the products ordered, including VAT.
5.3 Delivery dates are for guidance only.
5.4 Non-delivery or late delivery (over eight  working days) must be reported to the customer service department as soon as possible.
5.5 In any case, the seller shall not be held liable for any direct, indirect, incidental, consequential damages, or any other kind, due to incomplete orders or delays or errors in placing the order or for delivery delays. In the event that it can be shown that non-delivery is due to the seller, the user will have only the right to request, at their discretion, delivery of the same product at no additional cost or a refund of the purchase price.
5.6 Upon receipt, you must verify the integrity of the parcels at the time of delivery by the carrier. In the event of problems (an opened package, damaged items, etc.) you must make sure these are pointed out to and recorded accurately by the carrier and refuse the delivery. Otherwise the user will forfeit the ability to exercise their rights in this regard.
6. RIGHT OF CANCELLATION AND REFUND
6.1 This right (pursuant to and for the purposes of Italian Legislative Decree no. 206 of 6 September 2005, known as the “Consumer Code”), which can be exercised only if the customer is a Consumer (meaning by this definition any natural person using the website for purposes unrelated to any business or professional activities), consists of the right to return the goods purchased to the supplier without penalty and without specifying the reason, as well as the right to obtain a refund of the purchase price.
6.2 The consumer may exercise their right of cancellation within fourteen (14) working days of receiving the products, following the procedure below:
6.2.1 Before returning products, please refer to the relevant information page on returns and refunds containing all the necessary information.
6.2.2 Complete the Cancellation and refund form.
6.2.3 Return the products together with the “Cancellation and refund form” contained in the package (or download it here) within the aforementioned period of fourteen (14) working days to: E.M. Industries srl – Via Mantovana 28/C, 37069 Villafranca di Verona, ITALY.
6.3 You must check that the shipment is correct at the time of delivery. In the event of any discrepancies with the order once the products have been delivered, the nature of any potential discrepancy (an opened package, damaged items, etc.) must be recorded in the appropriate section of the Cancellation and refund form.
6.4 The right of cancellation is subject to the following conditions:
- The products must not have been used, worn or damaged, and must be returned intact and in their original packaging at the Customer’s expense;
- Returns will not be accepted and refunds will not be given for articles if the products returned have been opened, used or are not in their original packaging;
- Any products that smell of smoke, perfume, lotions or washing detergent will not be eligible for a refund;
- Items to be returned must be sent in their original packaging using strong, thick cardboard packaging (not a bag). Failure to comply will result in a 15% restocking fee.
6.5 Upon receiving the return, the seller will verify the integrity of the items and will determine, at their sole discretion, if the products being returned are in their original condition.
6.6 The seller shall not be held liable in the event of address errors, late delivery or loss of the items being returned.
6.7 The right of cancellation cannot be exercised in the case of bespoke products.
6.8 There will be no cost for returning products if the customer uses the pre-paid consignment note sent with the products. The consumer, if they so wish, may also use the shipping method that they deem most appropriate; however, in this case, the cost for returning the products will be borne entirely by the customer.
6.9 Refunds – Once the returned products have been received, all reasonable commercial efforts will be made to ensure that any refund due is made within fourteen (14) working days of receipt of the items being returned. In this case, a full refund of the original purchase price of the items will be issued, including any shipping charges paid. If a refund is requested for part of the order (partial return), the shipping costs, if incurred, will not be refunded. Refunds will be issued via a credit transaction (if payment was made by Credit Card or PayPal) or by Bank Transfer (if payment was made by Advance Bank Transfer). In the case of the latter, the consumer will be responsible for providing the bank details to which the refund will be issued (IBAN and name of the account holder). Where the customer makes a return for a refund under false terms, the seller reserves all rights not to issue such a refund.
6.10 Replacements – We do not offer product replacements. If an item is returned we can only issue a refund for the total amount paid. Therefore it is not possible to replace the product with another model, size or colour. In this case, a new order must be placed.
6.11 Refused delivery – Purchases refused at the time of delivery will be refunded, minus the shipping costs and a 10% restocking fee.
7. EXEMPTION FROM LIABILITY
7.1 Under no circumstances will the seller be held liable for any special, indirect, consequential or incidental damages of any kind resulting from product defects or failures, violation of any warranty, whether expressed or implied, breach of contract, unlawful acts (including negligence), product liability, strict or otherwise, even if the seller has been made aware of the possibility of such damages. Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the aforesaid limitation may not be applicable to the specific user.
7.2 Notwithstanding any other provisions set forth herein, the seller’s total liability relating to or related to the products, whether by contract, warranty, unlawful acts (including negligence), product liability, strict or otherwise, shall, under no circumstances, exceed the actual amount paid by the user for the products resulting in this liability.
8. FORCE MAJEURE
The seller will not be held liable for any damages due to delays in the delivery of products or for failure to provide immediate notification, where such delay is due to force majeure, acts by the purchaser, acts by civil or military authorities, wars, riots, organised industrial action, the unavailability of materials or any other causes beyond the company’s reasonable control. The anticipated delivery date shall be understood as delayed by a period of time equal to the time lost due to the delay justified under this provision.
10. INTELLECTUAL PROPERTY
10.1 The website, including any information and material contained therein, is the exclusive property of the seller. Any reproduction, whether in whole or in part, by any means (with the exception of that which is explicitly provided for herein) as well as any distribution, publication, transmission, modification or sale of information and materials contained on the website, is to be considered expressly prohibited.
10.2 The “OGM” trademark and all other registered or unregistered trademarks and logos displayed on the website as well as the domain name www.ogm-plant.com are and remain the exclusive property of the seller. Any use of these trademarks for any purpose without the prior express consent of the manufacturer is considered to be prohibited.
10.3 You may not delete or alter any copyright, trademark or other proprietary notices appearing on the website or in its contents. You may access or view the contents of the website on a computer or other devices and you may make a single copy of the web pages published on the website for private, personal and non-commercial use, provided that each copy of such web pages contains all the copyright notices and other terms of protection contained on the site.
11. EXTERNAL LINKS
The website may contain links to third-party websites that are not directly used or controlled by the manufacturer or seller. These links are provided for your information only and should not be interpreted as approval, whether express or implied, of such websites operated by third parties or the products or services they offer. The user acknowledges and agrees that the company is not liable for the information, contents, products, services, advertisements, codes or other materials that may or may not be provided by such third-party websites. A web link can only be provided where expressly authorised in writing by the manufacturer.
12. LIMITATION OF LIABILITY
The seller shall not be held liable to users or other third parties for any direct, incidental, special or consequential damages including, without restriction, product losses or other non-tangible losses resulting from or related to the use of or inability to use the website, even if the company has provided information on the possibility of such damages.
13. DISCLAIMER OF WARRANTY
13.1 The seller does not warrant or represent that the website is free of viruses or other harmful material, or that the information contained on the website is accurate, complete or up to date.
13.2 There can be no guarantee that the website or the services, contents, functionalities or materials provided by the website are accurate, secure, lasting or free of errors, or that such defects can be corrected.
13.3 The website and its contents are provided on an “as is” and “available” basis. The seller cannot issue a warranty of any kind, whether express or implied, relating to the website.
14. APPLICABLE LAW AND JURISDICTION
This agreement, including the “terms and conditions of sale” and the “terms and condition of use of the website”, is governed by Italian law, regardless of any conflict or choice of legal provisions. The user acknowledges and agrees that any disputes will be settled in Italy and that the Italian courts will have jurisdiction over this agreement and the user.