Terms and Conditions - OhMy Snacks

1.Purpose

This Policy sets out the pre-contractual information relating to distance contracts made through the website https://ohmysnacks.net/, in accordance with Portuguese Decree-Law No. 24/2014 of 14 February (as amended). Browsing the website, its subdomains, and sub-websites, as well as the purchase of any product at these addresses, implies acceptance of the terms and conditions contained on this page. These terms and conditions do not apply to third-party websites. OhMy Snacks reserves the right to freely modify this policy to adapt it to applicable legislation without prior notice.

2.Definitions

Customer: Any individual or entity that purchases or intends to purchase products from OhMy Snacks through the website.
Company: Refers to Obviously Magic S.A., holder of the "OhMy Snacks" brand, corporate number 516315781.

3.Identity of the Goods Provider / Intellectual Property

Obviously Magic S.A. is the company responsible for supplying the goods and owns all content and information contained on the website. OhMy Snacks is not liable for damages resulting from computer viruses or any other unrelated situations that prevent access and proper functioning of the domain.

4.Product and Price Information

4.1 100% Personalisation Guarantee:

At OhMy Snacks, we are committed to providing a fully personalised experience for every customer. Our 100% Personalisation Guarantee ensures that every personalised box you receive is fully customised according to your preferences, with guidance from our expert dietitian.

If you believe that your box was not personalised as requested, you must contact us within 8 days of receiving your box and provide detailed evidence to support your claim. We will thoroughly review your case. If it is determined that the box was not customised as specified, we will offer a 100% refund.

This guarantee allows you to try our service completely risk-free. If you are not satisfied with the personalisation of your box, simply drop us a message. For more details on this guarantee, please refer to the specific conditions outlined below:

Evidence Required:
The customer is required to provide clear and detailed evidence showing that the box received did not match the preferences and specifications provided during the order process. This may include photos, order details, or other relevant information.

Refund Process:
Once your claim is reviewed and approved, the refund will be processed according to the payment method used for the original purchase. The refund will cover the full cost of the box and shipping.

Exclusions:

This guarantee applies exclusively to personalised boxes and does not cover gift boxes or any other pre-defined products. Additionally, this guarantee does not apply in cases where dissatisfaction is due to incorrect or incomplete information provided by the customer during the order process, nor does it cover changes in preference after the box has been shipped.

For further information on our 100% Personalisation Guarantee or to initiate a claim, please contact our customer service team.

4.2 Product Information:

OhMy Snacks has developed a new concept in healthy snacking. Based on the personal preferences and tastes of the Customer, we select the most suitable products and periodically send a box with a variety of healthy snacks. The snacks may contain traces of gluten, eggs, peanuts, soy, milk, nuts, among others. Labelling and essential characteristics of the products are available on the back of the packaging or via a QR code that leads to the product page included in the box.

4.3 Price Information:

OhMy Snacks reserves the right to change prices at any time, committing to inform the Customer of such changes in advance. Discount coupons are not cumulative.

5.Purchase Process

Browsing:

Browsing the OhMy Snacks site does not require registration. However, to proceed with a purchase, the Customer must register and subscribe to the service, providing their personal details.

Payment Options:

We accept payments via credit card (Visa, American Express, Mastercard), Google Pay, and PayPal.

6.Delivery Methods and Costs

Delivery:

Delivery is made to the address specified, and the Customer will be informed of the delivery day.

Costs:

There is no additional charge for home delivery as it is already included in the box price for the following countries: Germany, Ireland, the United Kingdom, Portugal (including the Azores and Madeira), Spain, the Netherlands, Austria, Belgium, France, Italy, Luxembourg, and Poland. Other islands are not included. For the other countries in the European Union, shipping costs will be shown on the checkout page before the Customer finalises the payment.

7.Exchange and Return Policy

Due to the perishable and personalised nature of our products, OhMy Snacks does not accept exchanges or returns. This policy is aligned with the stipulations set out in clause c of article 17 of Portuguese Decree-Law No. 24/2014, which excludes the right to free resolution in these cases.

8. Subscription and Cancellation Policy

Subscription:

By choosing a subscription plan, the Customer agrees that it has an initial and recurring cost, according to the current rate, and will be automatically renewed until it is modified or cancelled by the Customer.
After registration and subscription to the service, a purchase confirmation will be sent via email. The box will be delivered periodically, depending on the frequency chosen by the Customer, to the provided address. If the Customer is absent and the order is returned to the sender, the associated costs of return will be the responsibility of the Customer and will not be refundable. If the Customer wishes the box to be resent, the corresponding costs will also be the responsibility of the Customer, as stipulated in clause b of article 13 of Portuguese Decree-Law No. 24/2014.

Cancellations:

To proceed with cancellation, the Customer must access their account on the OhMy Snacks website and follow the indicated procedures that are explained here.

The cancellation must be requested at least one business day before the renewal date to avoid additional charges.

Cancellations made online are processed immediately, while requests via email, chat, social media, or WhatsApp may take up to two business days.

Refunds:

1. No Charge Scenario: If the cancellation is requested at least one business day before the renewal date, the client's card will not have been charged, and therefore, no refund is necessary.

2. Partial Refund: If the cancellation occurs after the renewal date but before the order has been processed, the customer is eligible for a partial refund. This refund will deduct transaction costs from the total amount paid by the customer. The costs include 1.8% + €0.30 for credit card payments, and  4% if the payment was made via PayPal. The customer will be notified by email once the order is generated and remains in an "Unfulfilled" state on the company platform.

3. No Refund Possible: If the customer wishes to cancel an order that is already ready for dispatch ("Fulfilled" status), no refund will be issued. The customer will receive an email notification indicating that the order is ready to be sent. Since the products are personalised and have already entered the distribution process, refunds are not feasible, as justified by clause c of article 17 of Portuguese Decree-Law No. 24/2014.

4. Order was returned and you still want your box: Since the box is personalised and a delivery attempt was already made, we cannot offer a refund. If you'd like us to send the box again, please contact us. You'll need to pay for the second delivery attempt.

9.Customer Support Throughout the process before, during, and after the purchase, the Customer can rely on OhMy Snacks via the email hello@ohmysnacks.net.

9. Alternative Dispute Resolution
In the event of a consumer dispute, the consumer may resort to one of the following Dispute Resolution Entities:

CNIACC - Centro Nacional de Informação e Arbitragem de Conflitos de Consumo	Faculdade de Direito da Universidade Nova de Lisboa - Campus de Campolide www.arbitragemdeconsumo.org
CIMAAL - Centro de Informação, Mediação e Arbitragem de Conflitos de Consumo do Algarve	Edifício Ninho de Empresas - Estrada da Penha 8005-131 Faro www.consumidoronline.pt
Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra	Av. Fernão Magalhães, n.º 240, 1º 3000-172 Coimbra www.centrodearbitragemdecoimbra.com
Centro de arbitragem de Conflitos de Consumo de Lisboa	Rua dos Douradores, 116, 2º 1100-207 Lisboa www.centroarbitragemlisboa.pt
Contratos celebrados na Região Autónoma da Madeira	Rua da Figueira Preta, n.º 10, 3.º andar 9050-014 Funchal centroarbitragem.sras@gov-madeira.pt
Centro de Informação de Consumo e Arbitragem do Porto	Rua Damião de Góis, 31 – Loja 6 4050-225 Porto www.cicap.pt
Centro de Arbitragem de Conflitos de Consumo do Vale do Ave	Rua Capitão Alfredo Guimarães, n.º 1 4800-019 Guimarães www.triave.pt
Centro de Informação, Mediação e Arbitragem de Consumo (Tribunal Arbitral de Consumo)	BRAGA Rua D Afonso Henriques, nº 1 (Ed Junta de Freguesia da Sé) | 4700 - 030 Braga VIANA DO CASTELO Av. Rocha Paris, nº 103 (Edifício Vila Rosa) | 4900 - 394 Viana do Castelo www.ciab.pt

In the event of an online consumer dispute, the consumer may also resort to an online dispute resolution system (ODR), the ODR Platform, with the sole and exclusive competence to resolve consumer disputes relating to contracts concluded at a distance. More information on the Consumer Portal (www.consumidor.pt).