GENERAL TERMS AND CONDITIONS
PAYMENT AND REFUND POLICY
These Terms and Conditions contained herein, govern your access, use, and purchase in any Website controlled by Oryhon Sas regardless of purchase method and your use of the website, including:
- theultimatetooling.com, its related subdomains and microsites, and eventual mobile applications (collectively referred to herein below to as “Site” and/or “Website” and/or “Portal”);
- any product, functionality, and services offered on or through the Site (collectively referred to herein below as “Products” or “Services”).
For these Terms, Oryhon Sas di Carniel Carlo & C. will also be referred to as the “Provider”, “our”, “we”, “Oryhon” or “us”.
Point 1 – Your Acceptance of The Terms
Any interaction you have with the Site through the use of browsers, applications, programs, or other tools, whether installed by you or a third party, shall be deemed to be your use of this Site.
- You must not use this Site if you have any objection to any of these Terms And Conditions.
These Terms, including any legal notices and disclaimers contained on the Portal, constitute the entire agreement between the Provider and the User of the Website and supersede all prior agreements and understandings concerning the same.
- Certain products may be subject to additional terms and conditions presented to you at the time of the purchase.
- This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Provider services. If you do not meet all of these requirements, you must not access or use the Site without the supervision of an adult.
- By entering these terms, you expressly acknowledge you have read and understood all of the terms included herein and have taken time to consider the consequences of this important decision.
Point 2 – Intellectual Property Ownership
- Oryhon grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Site.
Our Products contain copyrighted material, inventions, know-how, potentially patentable material, design, logos, phrases, names, shapes, and styles (collectively “Intellectual Property Content”).
- Unless otherwise indicated and/or provided according to a third-party license, our Intellectual Property Content is our sole property, and we retain all appurtenant rights, interests, and title thereto.
- The Provider also claims ownership rights under the copyright and trademark laws concerning the “look”, “feel”, “appearance” and “graphic function” of the Website, including but not limited to its color combinations, sounds, layouts, and designs.
- The User may not, except with the Provider express written permission, distribute or commercially exploit any materials.
The User may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site unless explicitly authorized in these Terms.
- The violation of any of the clauses expressly provided in this Terms, or other Terms And Conditions under this Site is a blatant violation of the Provider’s IP.
All Project-related intellectual property invented, created, conceived or developed, as a direct result of the development of any Provider materials, or ideas, without a specific contract that transfer the ownership, shall be owned exclusively by the Provider.
- These Terms are part of the Provider’s IP.
If the user is aware that, through our site, materials that constitute a copyright infringement have been published by third parties and wishes to bring it to the knowledge of Oryhon, the user is required to send his report to the following email: firstname.lastname@example.org giving the following information:
- an electronic or autograph signature of the person authorized to act on behalf of the owner of the copyrighted work;
- the identification of the copyrighted work and the location, within the Site, of the work, allegedly infringed;
- a written statement stating that the user believes in good faith that the contested use has not been authorized by the owner, his agent, or the law;
- his name and contact information, including, but not limited to, the telephone number and e-mail address;
- a statement that the above information is accurate and truthful and that the sender is the owner of the copyright or a person authorized to act on behalf of the owner.
Point 3 – Products
- While the Provider strives to provide accurate product and pricing information, unintentional pricing, or typographical errors may occur. The Provider reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability, and product descriptions) at any time without notice (including after you submitted your order and confirmation was received).
- If an item is listed at an incorrect price, with incorrect information, or discounted in error, the Provider shall have the right, in its sole discretion, and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card or account has been charged for any order subsequently canceled, the Provider will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law. We apologize for any inconvenience this may cause you.
- Prices and availability are subject to change without notice.
- You agree that you are responsible for all charges incurred in connection with any purchase on our Site or our Stores, including, without limitation, all taxes, shipping, handling and processing charges, or other fees.
- Oryhon to provide an extremely efficient service may use third-party services to manage products and orders. The Provider may share, in the manner and with the guarantees of those Terms, all the User information with such entities as better specified on these Terms and Conditions.
- We exclude immediately, where it is not otherwise agreed in writing, any further guarantee than those of law for Products sold as ‘used’.
- The risk of loss and title to items passes to the purchaser upon delivery.
Point 4 – Fees and Payment
- After placing your order and expressly or tacitly accepting these Terms, the contract will be concluded. We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person or order.
If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
If, on the other hand, we have accepted your order, you will receive a confirmation e-mail.
- All services are billed in EUR. Please, be informed that in case the User’s local currency is different from EUR, it will be automatically converted into the above-mentioned currency.
For the Users’ convenience, the Provider offers several payment methods. The variety of payment methods that are accepted may not be available or limited, as reflected in the purchase tool. The Provider reserves the right, in its sole discretion, to accept only some of the services offered.
When purchasing a Product, you may have the option to pay through an External Service, such as PayPal (“your External Service Account”), and your External Service Account will be charged for the purchase under the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account.
Some External Services may charge you a sales tax, depending on where you live, which may change from time to time.
- Before you can submit your order you may be required to provide a valid payment card number and associated information for a payment card that you are authorized to use, including any or all of the following:
- your name as it appears on the card;
- the credit or debit card type;
- the card, expiration date;
- any activation numbers or codes needed to charge your card;
- the billing address or Sp code or postal code associated with the card.
- You authorize the Provider and our payment processor as applicable, to use information you submit to charge your card or other payment methods for the price you submitted, in addition to any taxes, fees, and charges as described in these Terms.
- You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
- Generally, all purchases are final and non-refundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
- Prices may or may not include shipping costs. Any costs will be indicated in the appropriate section of the offer. If shipping costs are not included in the sale price (and this will be properly and clearly indicated), these costs will be reported separately and added to the total amount before you complete your order.
Point 5 – Refund Policy
All sale items are final sale and therefore not eligible for a return, exchange, or store credit.
- Under European law, no provision of these Terms affects your right to withdraw from orders within 14 calendar days from the day on which you, or a third party indicated by you, receive the Products. If you have ordered multiple Products with a single order, or if the delivery of your Products consists of several pieces, the withdrawal period begins from the receipt of the last item or piece.
- If you wish to withdraw from your order, you can do so in the following ways:
- by post at Oryhon Sas – Via Mazzini 13 – 33170 Pordenone (PN)- Italy;
- by hand delivery.
- Care must be taken to ensure that the Goods are properly packaged to prevent damage to them during transport. Original sales receipts must be attached to all returns. Unfortunately, we cannot take responsibility for shipping costs and lost packages.
- Please keep a record of your tracking number when shipping the package.
- Returned Product(s) must be in perfect physical condition (not physically broken or damaged). All accessories originally included with your purchase must be included with your return. Otherwise, the refund will not be processed.
- We reserve the right to refuse the refund and to ask you for the shipping costs of your return if it should appear:
- that the Goods have suffered damage after delivery to your address;
- that the Goods have been used incorrectly or not in accordance with the instructions or for inspection purposes;
- if the problem with the Goods is due to normal use.
- Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. The refund will be made, through the cancellation of the charge relating to the price paid, within 14 days from the date of receipt of the product.
- Please note that if you exercise your right to withdrawal from your purchase, you must return the goods to us no later than 5 calendar days after exercising such withdrawal.
Point 6 – Disclaimer of Warranty
- Oryhon provides access to its Stores and Site to customers and prospective customers “as is” and “as available” and without any representation or warranty of any kind, whether express, implied, or statutory, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement on all uses/purchases.
- The Provider may not be held responsible for any content of the Website or any service or product obtained through the Website or any eventually sponsored portals. These limitations include any direct, indirect, special, incidental, consequential damage, etc., including but not limited to, personal injury, biological damage, emotional distress, loss of income, etc.
- To the fullest extent permissible by applicable law, all such representations and warranties are hereby expressly disclaimed. without limiting the foregoing and to the fullest extent permissible by applicable law, the Provider disclaims any warranties, express or implied, for any merchandise and/or gift card(s) utilized to purchase merchandise offered.
- Without limiting the foregoing and to the fullest extent permissible by applicable law, the Provider does not represent or warrant that the information in Store or on this Site is accurate, complete, or current or that the site will operate without interruption, without error or defects, bugs, viruses, or other harmful components. without limiting the foregoing and to the fullest extent permissible by applicable law.
- Without limiting the foregoing and to the fullest extent permissible by applicable law, the Provider further disclaims any liability, responsibility, or damage for any theft or loss of, unauthorized access or damage to, or interception of any data or communications sent to, from or stored on this site.
- The Provider shall not be liable for any delay, error, interruption, or failure to perform any obligation under these General Terms, where the delay or failure is directly or indirectly resulting from any cause beyond control, including but not limited to:
- acts of God, nature, court, or government;
- failure or interruption in public or private telecommunication networks, communication channels, or information systems;
- acts or omissions of acts of a party for whom we are not responsible;
- delay, failure or interruption in, or unavailability of, third-party services;
- strikes, lockouts, labor disputes, wars, terrorist acts, and riots.
- In no event shall the Provider, its affiliates, service providers, employees, agents, officials, or administrators be liable for damages of any kind, arising out of or in connection with, the use, or inability to use, the Website.
- The Provider and the other parts as soon as specified can be held responsible, according to the applicable law, exclusively for wilful misconduct or gross negligence.
Point 7 – Violations and Indemnities
- The User agrees to indemnify and hold harmless the Provider for any damages arising out or in connection with a breach of these Terms.
- You acknowledge and agree that, in the event of a breach or threat of breach of any provision relating to these Terms, the damage suffered by the Provider will not be offset against monetary damages alone, and as a result, We shall be entitled to reimbursement of any non-financial damage suffered.
- All charges or amounts paid by the Provider as a result of the User’s breach, will not be in any way charged by the Provider but will be chargeable exclusively to the User.
Point 8 – Disclosure of Risks
- The User is solely responsible for his conscious choice of the use and/or purchase of any of the Services and Products offered on the Website.
- The Provider may be required to suspend or modify, without notice and for any reason, any product offered by a third party or on behalf of a third party if required by the appropriate bodies or the applicable law.
- You understand and agree to use the Products sold by the Provider at your own risk. This section is not exhaustive and does not cover all the risks associated with the use of the Website and purchase of the Products.
Point 9 – User Content and Prohibited Conduct
- “User-Generated Content” and/or “User Content” refers to the content added by users as opposed to content created by the Provider.
- The Website may offer Users the opportunity to submit or post feedback regarding this Site, as well as reviews, comments, photos, videos, audio, and other content that are submitted through or to the Site by the User. The Provider does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights, or violations.
- We are not a publisher of User Generated Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your User-Generated Content.
- We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Point 10 – General Limitations
- The Supplier reserves the right to refuse or discontinue any transaction, even after the funds have been withdrawn from the accounts, in the following situations:
- when the Supplier suspects that the Operation involves (or is likely to result in) money laundering, terrorist financing, fraud, or any other criminal offense;
- in response to the law’s order or other judicial order;
- where the Supplier reasonably suspects that the transaction is the result of an error in electronic devices;
- when the Supplier suspects that the transaction is made in violation of any terms and conditions governing the use of the Website;
- when the transaction is carried out by a resident of a country excluded from the use of the Website.
- The provider reserves the right to monitor, review, store or disclose to authorized persons any information necessary to comply with the applicable legal provisions, including in particular the prevention of money laundering and terrorist financing.
Punto 11 – General Terms
- Certain areas of this Website have limited access and the Provider may further restrict access to it at any time at its sole and absolute discretion.
- The navigation and the information available on the Portal are available free of charge. Some information contained in the site is purely informative and, unless otherwise provided, does not constitute a contractual proposal or an offer to the public (art. 1336 Italian ‘Codice Civile’).
- If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
- The Provider may make changes to its Terms of Service from time to time. When these changes are made, the Provider will make a new copy of the Terms available on this page. Using this Site the User is expected to review such Terms on a regular basis to ensure he/she understands all Terms And Conditions.
Point 12 – Governing Law
- The Provider controls this Site and its Stores from its corporate offices within the Italian jurisdiction.
- The terms of this site, solicitations, advertising, and purchases shall be governed by the laws of the state of Italy, without giving effect to its conflict of laws provisions.
- Any disputes inherent and/ or consequent to them must be resolved exclusively by the Italian court identifying, as competent, the Court of Pordenone. If the Member is a ‘Consumer’, any disputes must be resolved by the Consumer’s domicile or residence court according to the applicable law.
These conditions are effective from 01/01/2020
Oryhon Sas di Carniel Carlo & C.
Via Mazzini 13
33170 Pordenone (PN)