Conditions d’utilisation
TERMS OF SERVICE
1. Overview
This website is operated under the OH MY BLOCK brand by:
MUGO Sàrl
Chemin en Budron E3
1052 Le Mont-sur-Lausanne
Switzerland
Email: info@ohmyblock.com
Throughout these Terms of Service, the terms “OH MY BLOCK”, “we”, “us” and “our” refer to MUGO Sàrl.
These Terms govern your use of the OH MY BLOCK website and your purchase of physical products and digital content made available through it.
By accessing our website or placing an order, you agree to be bound by these Terms and by the other applicable policies available on our website.
Nothing in these Terms excludes, restricts or otherwise affects any mandatory statutory rights you may have as a consumer.
2. Use of Our Website
You may use our website only for lawful purposes and in accordance with these Terms.
You must not use the website in any way that:
- breaches any applicable law or regulation;
- infringes the rights of OH MY BLOCK or any third party;
- introduces viruses, malware or other harmful material;
- interferes with the security, integrity or operation of the website;
- attempts to gain unauthorised access to the website, its systems or related services;
- collects, extracts or exploits website data or content without authorisation where such authorisation is required.
We reserve the right to restrict or suspend access to the website where we reasonably believe it is being used fraudulently, unlawfully or abusively.
3. Products and Product Information
We take reasonable care to ensure that product descriptions, characteristics, dimensions, colours, content, photographs and other information displayed on our website are as accurate as reasonably possible.
Minor differences may occur as a result of screen displays, photography, manufacturing tolerances, materials or other reasonable variations.
Nothing in this section affects your statutory right to receive goods that conform to their description and meet the standards required by applicable consumer law.
Products and offers are subject to availability.
4. Orders and Formation of the Contract
Products displayed on our website constitute an invitation to place an order and do not constitute an obligation on OH MY BLOCK to accept an order.
Before submitting your order, you will have the opportunity to review the information provided and correct any errors.
By placing an order, you acknowledge that the order carries an obligation to pay.
After receiving your order, we may send you an email acknowledging receipt.
A contract for the sale of goods is formed when we accept your order in accordance with our applicable order process.
We reserve the right to reject or cancel an order where we have a legitimate reason to do so, including where:
- a product is unavailable;
- there is an obvious error in the price or product information;
- payment cannot be authorised or processed;
- we reasonably suspect fraud, misuse or unauthorised activity;
- we are unable to deliver to the address provided.
Where we cancel a paid order before fulfilment, the relevant amounts will be refunded in accordance with applicable law.
5. Prices and Payment
The prices applicable to your purchase are those displayed on the website at the time you place your order.
Applicable taxes, delivery charges and any other mandatory charges will be disclosed before you complete your purchase, as required by applicable law.
Available payment methods are displayed during checkout.
Payment must be successfully authorised before an order can be processed.
We may change our prices at any time. Changes will not affect an order that has already been accepted, except where a correction is permitted by applicable law.
6. Delivery
Available delivery options, charges and estimated delivery times are displayed during the ordering process or otherwise made available on our website.
Delivery dates and times are estimates unless a specific delivery date has expressly been agreed.
We will take reasonable steps to deliver orders within the timeframe communicated to you.
Where applicable UK consumer law requires delivery within a particular statutory period and no alternative timeframe has been agreed, we will comply with that requirement.
You are responsible for providing a complete and accurate delivery address when placing your order.
Delivery delays and other delivery-related matters will be handled in accordance with applicable law and our Shipping Policy.
7. Risk in the Goods
Risk in physical goods passes in accordance with applicable law.
Where the relevant UK consumer rules apply, risk will generally pass to you when you, or a person identified by you to take possession of the goods, physically receives them.
Nothing in this section affects your statutory rights.
8. Cancellations, Returns and Refunds
The terms applicable to cancellations, returns and refunds are set out in our Returns & Refunds Policy, which forms part of these Terms.
OH MY BLOCK does not provide a general voluntary satisfaction or money-back guarantee.
This does not affect any statutory cancellation rights that may apply to your purchase or your statutory rights in relation to faulty, damaged or non-conforming goods.
9. Faulty, Damaged or Non-Conforming Products
We are required to supply products that conform to the contract and meet the standards required by applicable law.
If you believe that a product you have received is faulty, damaged or does not conform to its description, please contact:
info@ohmyblock.com
We may reasonably request your order number, a description of the issue, photographs and/or other information necessary to assess your claim.
Any remedies available to you will be determined in accordance with your statutory consumer rights, including applicable rights under the Consumer Rights Act 2015 where relevant.
10. Digital Content
OH MY BLOCK may provide digital content, including e-books, guides, recipes and other downloadable or electronically supplied resources.
The relevant content, format and, where applicable, key compatibility requirements will be described in connection with the digital product.
Digital content purchased from OH MY BLOCK is supplied for personal, non-commercial use only, unless we expressly agree otherwise in writing.
Specific rules may apply where you request immediate access to digital content during a statutory cancellation period.
Where required by applicable UK law, supply of digital content in circumstances that result in the loss of a statutory cancellation right will begin only after the required express consent and acknowledgement have been obtained.
Nothing in these Terms affects statutory rights relating to digital content that is faulty or does not conform to the contract.
11. Digital Content Licence
Purchasing OH MY BLOCK digital content grants you a personal, limited, non-exclusive, non-transferable licence to use that content for your own personal purposes.
Unless expressly authorised by us in writing or permitted by applicable law, you must not:
- reproduce or distribute the content to third parties;
- sell, resell, sublicense or commercially exploit the content;
- share the files publicly or privately with unauthorised third parties;
- upload the content to file-sharing services, platforms, groups, communities or networks;
- use the content, in whole or in part, for commercial purposes;
- remove, obscure or alter copyright, trade mark or other proprietary notices.
Purchasing digital content does not transfer ownership of any intellectual property rights to you.
12. Intellectual Property and Proprietary Rights
The OH MY BLOCK brand, name, logos, visual identity, distinctive signs and associated brand assets are protected by applicable intellectual property laws.
Where the relevant registrations have been obtained, OH MY BLOCK® is a registered trade mark. Any unauthorised use of a registered trade mark, an identical or confusingly similar sign, or any other material capable of creating confusion as to the origin, affiliation, sponsorship or endorsement of products or services may constitute an infringement of the rights of the relevant owner.
OH MY BLOCK products, including their design, configuration, appearance, technical characteristics, functional elements and/or individual components, may also be protected by patents, patent applications, registered designs and/or other intellectual property rights, depending on the product and jurisdiction concerned.
Unless otherwise stated, intellectual property rights in materials owned or used by OH MY BLOCK, including but not limited to:
- our products and product designs;
- protected product features and technical elements;
- inventions and innovations;
- trade marks, logos and visual identity;
- packaging and graphic elements;
- photographs and videos;
- written content and illustrations;
- guides, e-books and digital publications;
- original recipes and editorial content;
- advertising creatives and marketing materials;
- website graphics, layouts and original visual elements; and
- other original OH MY BLOCK content,
are owned by MUGO Sàrl, its licensors or their respective rights holders.
The purchase of an OH MY BLOCK product or digital content does not transfer to the purchaser any intellectual property right or proprietary interest in the underlying design, invention, trade mark, content or other protected material.
All rights not expressly granted are reserved.
13. Counterfeiting, Copying and Unauthorised Use
OH MY BLOCK actively protects its brand, products, original content and intellectual property.
Unless expressly authorised in writing by MUGO Sàrl or otherwise permitted by applicable law, you must not reproduce, copy, imitate, adapt, modify, manufacture, distribute, publish, market, sell or otherwise commercially exploit any protected OH MY BLOCK material.
This prohibition includes, without limitation, attempts to:
- manufacture, source, distribute, advertise or sell counterfeit or imitation OH MY BLOCK products;
- reproduce, copy or commercially exploit a protected product design, feature, invention or technical element;
- copy, reproduce or republish our photographs, videos, written content, illustrations, e-books or advertising creatives;
- reproduce, redistribute, resell or commercially exploit our digital content without authorisation;
- use the OH MY BLOCK name, trade marks, logos or confusingly similar signs without authorisation;
- use our brand identity, product images or other materials to falsely represent third-party goods as genuine OH MY BLOCK products;
- imply an affiliation, partnership, sponsorship, authorisation or endorsement by OH MY BLOCK where none exists;
- create, operate or promote a website, domain name, online store, marketplace listing, social media account, advertisement or other digital presence that falsely represents itself as OH MY BLOCK or is likely to create confusion as to its association with OH MY BLOCK;
- use OH MY BLOCK intellectual property in connection with fraudulent, counterfeit, misleading or unauthorised commercial activity;
- remove, conceal, alter or circumvent any copyright notice, trade mark notice, patent notice, proprietary notice or other intellectual property identifier.
MUGO Sàrl expressly reserves all rights and remedies available to it.
Suspected infringement, counterfeiting, impersonation, unauthorised copying or misuse of OH MY BLOCK intellectual property may result in appropriate enforcement action.
Such action may include, where appropriate, submitting infringement or takedown notices to marketplaces, hosting providers, domain registrars, search engines, social media platforms, advertising platforms, payment providers and other relevant intermediaries, as well as pursuing any other remedies available under applicable law.
Where legally available and appropriate, MUGO Sàrl may seek measures including cessation of the infringing activity, removal or destruction of infringing materials, injunctive relief, recovery of losses or damages and other remedies available under applicable law.
Any failure or delay by MUGO Sàrl to enforce a right does not constitute a waiver of that right.
14. User Reviews and User-Submitted Content
Where you voluntarily submit a review, comment, photograph, video or other content for publication or promotional use, you confirm that you have the rights necessary to provide that content and to permit its agreed use.
You remain responsible for content you submit.
We may refuse to publish or may remove content that we reasonably believe is unlawful, fraudulent, misleading, abusive or infringes the rights of another person.
Any commercial use by OH MY BLOCK of customer-generated content remains subject to applicable rights and permissions.
15. Promotions and Discount Codes
Promotions, special offers and discount codes may be subject to additional terms communicated in connection with the relevant offer.
Unless otherwise stated, promotional offers and discount codes have no cash value and cannot be applied retrospectively to orders already placed.
We may reject or cancel the use of a promotional code where we reasonably believe it has been obtained, reproduced or used fraudulently or contrary to the applicable promotional terms.
16. Third-Party Services
Certain features of our website and order fulfilment process may rely on third-party service providers, including payment processors, delivery providers, hosting services and technology providers.
The use of certain third-party services may also be subject to the relevant provider’s own terms and policies.
To the extent permitted by applicable law, we are not responsible for acts or omissions of independent third parties that are outside our reasonable control.
Nothing in this section excludes any responsibility that cannot lawfully be excluded.
17. Website Availability
We take reasonable steps to keep our website accessible and operational.
However, we do not guarantee uninterrupted or error-free availability at all times.
We may temporarily suspend, restrict or modify website functionality for maintenance, security, technical updates or other reasonable operational purposes.
18. Limitation of Liability
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.
In particular, nothing in these Terms is intended to exclude or restrict any mandatory statutory rights or remedies available to consumers.
Subject to the above and to the extent permitted by applicable law, OH MY BLOCK will not be responsible for losses that were not a reasonably foreseeable consequence of a breach by us.
OH MY BLOCK products are intended for domestic and personal use unless otherwise stated. To the extent permitted by law, we are not responsible for business losses arising from products purchased by you as a consumer.
19. Food, Recipe and Nutritional Information
Recipes, guides, suggestions and other food-related content provided by OH MY BLOCK are supplied for general informational and practical purposes.
You are responsible for determining whether particular ingredients, recipes or preparation methods are suitable for your individual circumstances, including any allergies, intolerances, dietary requirements or restrictions.
Information provided by OH MY BLOCK is not intended to constitute medical, nutritional or dietary advice from a qualified healthcare professional.
Nothing in this section excludes or limits liability where such liability cannot lawfully be excluded.
20. Personal Data and Privacy
Our collection and processing of personal data is described in our Privacy Policy.
Our use of cookies and similar technologies is governed by the information and choices made available through our website in accordance with applicable requirements.
21. Changes to These Terms
We may update these Terms where reasonably necessary, including to reflect changes to our business, services, website or applicable law.
The Terms applicable to a particular order are generally those in force when the relevant contract is entered into, unless a subsequent change is expressly agreed or otherwise applies as a matter of law.
22. Governing Law and Consumer Rights
These Terms are governed by Swiss law, subject to any mandatory consumer protection provisions that apply to you.
If you are a consumer resident in the United Kingdom, the choice of Swiss law does not deprive you of any mandatory consumer protections to which you are entitled under the law applicable to your circumstances.
Nothing in these Terms is intended to restrict any right you may have under mandatory applicable law to bring proceedings before a competent court.
23. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by law.
24. Entire Agreement and Related Policies
These Terms should be read together with the other applicable policies published on our website, including our:
- Returns & Refunds Policy
- Shipping Policy
- Privacy Policy
Where any provision of these Terms conflicts with mandatory applicable law, the mandatory legal requirement will prevail.
25. Contact
For questions regarding these Terms, our products or an order, please contact:
OH MY BLOCK
Operated by MUGO Sàrl
Chemin en Budron E3
1052 Le Mont-sur-Lausanne
Switzerland
Email: info@ohmyblock.com