The goodandberg.com platform is owned by Infomed Store SRL with the following identification data:
FISCAL CODE: RO43317526
Bdul. Decebal 11 cam 2 bl.S14, Bucharest, Romania.
Seller: Infomed store SRL owner of goodandberg.com
Buyer: natural person / legal entity or any legal entity that places an order by logging in or without logging into the account.
Client – the natural or legal person who has or obtains access to the content of the site, through any means of communication provided by goodandberg.com or based on an existing use agreement between goodandberg.com and it and which requires the creation and use of an account .
Account – the section of the site consisting of an e-mail address and a password that allows the buyer to send the order and which contains information about the customer and the buyer’s history on the site (Orders, tax invoices, etc.).
Website – www. goodandberg.com and its subdomains.
Order – an electronic document that intervenes as a form of communication between the seller and the buyer through which the buyer transmits to the seller, through the site, his intention to purchase goods and services from the site.
Goods and Services – any product or service, including the documents and services mentioned in the order, which are to be provided by the seller, to the Buyer as a result of the concluded contract.
Campaign – the action of exhibiting for commercial purposes, a finite number of goods and / or services with a limited and predefined stock, for a limited period of time set by the seller.
Contract – represents the distance contract concluded between the seller and the buyer, without the simultaneous physical presence of the seller and the buyer.
Courier – any person under public or private law who provides express courier services.
Specifications – all specifications and / or descriptions of goods and services as specified in their description.
Content – all information on the site that can be visited, viewed or otherwise accessed by using electronic equipment;
The content of any e-mail sent to buyers by the seller by electronic means and / or any other available means of communication;
any information communicated by any means by an employee / collaborator of the seller, the buyer, according to the contact information, specified or not by him;
information related to the goods and / or services and / or tariffs practiced by the seller in a certain period;
information related to the goods and / or services and / or tariffs practiced by a third party with which the Seller has concluded partnership contracts, in a certain period;
data regarding the seller, or other privileged data of the seller.
By registering an order on the site, the buyer agrees with the form of communication (telephone or e-mail) through which the seller carries out its commercial operations. It is not a promise of sale, however.
The notification received by the buyer by email or sms, after placing the order, has the role of information and does not represent the acceptance of the order. This notification is made electronically (e-mail) or by telephone.
For justified reasons, the seller reserves the right to change the quantity of goods and / or services in the order. If you change the quantity of goods and / or services in the order, it will notify the buyer at the e-mail address or telephone number provided to the seller when placing the order and will return the amount paid (in case of card payments).
The contract is considered concluded between the seller and the buyer at the moment of receipt by the buyer from the seller, by e-mail and / or SMS of the notification of sending the order
goodandberg.com does not guarantee that the site, the servers on which it is hosted, or the e-mails sent from goodandberg.com are free of viruses or other computer components with a potentially harmful character, that it does not contain errors, omissions, defects, delays or interruptions. in operation or transmission, line drops or any other similar factors. The user uses the site at his own risk, goodandberg.com being free of any liability for any direct or indirect damages caused by using or accessing / visiting the site or as a result of using the information on the site. goodandberg.com is not responsible for errors or omissions that may occur in the drafting or presentation of materials on the site.
The information included on goodandberg.com is informative and is made available in good faith, from sources that the seller considers reliable. If any of the published articles or any other information falls under the law on copyright and related rights, the user is asked to inform the seller at firstname.lastname@example.org, in order to take the necessary legal action. .
goodandberg.com reserves the right to cancel orders for products and services that are displayed on the site due to technical errors, or which, due to technical errors, have obviously erroneous / derisory prices for products (prices that you may appreciate as being erroneous / derisory any buyer with an average level of training).
goodandberg.com, as the organizer of the promotional campaigns, does not assume responsibility for the loss or damage of the campaign voucher, is not responsible for counterfeit or damaged vouchers and reserves the right to cancel the voucher used for purchase or to deduct its value from the value to be reimbursed, in case of return according to the law, of a product participating in the respective campaign.
Any links to other sites are provided only for the purpose of increased accessibility of information, and goodandberg.com does not assume any responsibility or liability for the content of these sites, for products or services promoted or marketed through these sites. hate.
PROCESSING OF PERSONAL DATA
The categories of personal data processed are: name and surname, telephone / fax, address (domicile / residence), e-mail.
The data collected regarding newsletters and alerts are confidential. goodandberg.com will be able to select the users to whom it will send newsletters and alerts.
According to Law no. 677/2001 for the protection of persons regarding the processing of personal data and the free movement of these data, amended and supplemented, and Law no. 506/2004 regarding the processing of personal data and the protection of privacy in the electronic communications sector, goodandberg.com has the obligation to process in safe conditions and only for the specified purposes the personal data provided by users.
The purpose of collecting personal data is: economic and financial management, advertising, marketing, advertising, statistics, electronic communications services, informing customers about the status of their account on goodandberg.com, informing customers about the evolution and status of orders.
The completion by the users of the forms on the site is equivalent to the unconditional acceptance that these data be included in the goodandberg.com database and to the use and processing by goodandberg.com, their affiliates and collaborators for carrying out the activities listed above, including but not limited to marketing service providers, courier, payment / banking services.
Customers are guaranteed the rights provided by Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, namely the right to information, the right to access data, the right to intervene, the right to oppose, the right not to be subject to an individual decision, the right to go to court in case of violation of his rights. Customers have the right to request the total or partial deletion of personal data. The client can request any of the rights listed above based on a written request, signed and dated, submitted to the headquarters of goodandberg.com.
The refusal to provide this data determines the impossibility of fulfilling the orders.
If the customer modifies by using the forms on the site the personal data already delivered to goodandberg.com and there are orders in progress, the orders keep their data from the time of placing the order and the delivery of products will be made taking into account the newly modified data .
goodandberg.com does not request from its users by any means of communication (phone / e-mail, etc.) confidential information, data about bank accounts, personal passwords, etc. If the user discloses them to third parties, he bears full responsibility for his actions. Thus, in cases of disclosure of such data, the user cannot be held liable on goodandberg.com for any damage.
Protection of personal data – updated according to EU regulation 2016/679 (GDPR)
Professional Beauty Solution SRL headquartered in Bucharest, Sector 2, we represent the operator in accordance with GDPR and, therefore, we are responsible for the data processing described below. For questions or requests regarding data processing, please contact our data protection officer, whose contact details can be found below.
You can contact our data protection officer at any time using the following contact methods:
By email: email@example.com
Information on data processing
We will process the personal data collected through the online customer registration form and, during future commercial transactions, for the purpose of concluding and executing the contract. This processing is based on Art. 6 paragraph sentence 1 letter b) GDPR.
We will process all your personal data that is collected through the online registration form as well as by placing orders on our website and during all future business transactions, in order to conduct business relationships and data analysis. We will also contact you for these purposes by e-mail, telephone.
For the purposes mentioned above, your data will be stored in our database and will be enriched with data that we collect from public sources (eg Trade Register). This processing is based on Art. 6 paragraph 1 sentence 1 letter f) GDPR.
All your personal data collected through the online customer registration form and during all future business transactions will be processed by us and in order to provide you with information about advertising and marketing campaigns. This processing is based on Art. 6 paragraph 1 sentence 1 letter f) GDPR.
It is necessary to pursue our legitimate interests in order to inform you about our offers and services and to expand the relationship with customers. If you have given us prior consent, we will also use your personal data to provide you with our information by email, telephone. This processing is legitimately based on Art. 6 paragraph 1 sentence 1 letter a) GDPR.
Beneficiaries of the data
In order to achieve the purposes mentioned above, we use service providers, respectively empowered according to art. 28 GDPR, for example our hosting, platform and maintenance service providers, courier service providers or our service providers for sending e-mails, contacting telephone or printing personalized advertising materials.
We ensure through contractual regulations that these service providers process personal data in accordance with European data protection legislation, in order to guarantee a high level of data protection, even if the personal data are transferred to a country where usually uses a different level of data protection and for which there is no decision of adequacy of the EU Commission. No other transfers of personal data are made to other recipients, unless we have this obligation by law.
For more information about the proper protection of the international data transfer or a copy of them, please contact our data protection officer by e-mail at: firstname.lastname@example.org.
Mandatory / Voluntary Provision of Data and Duration of their retention
The provision of the following data is necessary in order to be able to conclude a contract with you and to process the customer registration: customer name (= name of your company), legal form, billing address, company phone number, tax code (in which concerns EU customers: registration number for VAT purposes), identification data of a person / persons authorized to purchase (eg business owner), function of the person authorized to purchase (eg business owner or buyer), proof of the existence of your company .
The rest of the data collected during the customer registration process is provided by you voluntarily. You are not obligated to provide us with this personal data, and this data is not a legal or contractual requirement or a requirement necessary to conclude a contract. If you do not provide us with this personal data, this will not affect you. Your personal data will be stored until the end of the relationship with the customer, unless we have a legal obligation to continue to store your data for the purpose to present them to public authorities, for example to tax authorities. The storage and transfer of your personal data to public authorities for the purpose of fulfilling a legal obligation is legally based on Art. 6 paragraph 1 sentence 1 letter c) GDPR.
As the data subject, you can contact our data protection officer at any time and free of charge, with a notification, using the contact details mentioned above in order to exercise your rights in accordance with the GDPR. These rights are the following:
The right to receive information on data processing and a copy of the processed data (right of access, Article 15 GDPR).
The right to request the rectification of inaccurate data or the completion of incomplete data (right of rectification, art. 16 GDPR).
The right to request the deletion of personal data and, if personal data have been made public, the transmission of information on the request for deletion to other operators (right of deletion, Article 17 GDPR).
The right to request a restriction on data processing (right to a restriction on processing, Article 18 GDPR).
The right to receive personal data concerning the data subject in a structured, commonly used and mechanisable format and to request the transmission of such data to another controller (right to data portability, Article 20 GDPR).
The right to oppose the processing of data with the intention of ceasing processing (right to object, Article 21 GDPR).
The right to withdraw at any time a consent given in order to stop the processing of data based on your consent. Withdrawal will not affect the lawfulness of processing on the basis of consent given before withdrawal (right to withdraw consent, Article 7 GDPR).
The right to lodge a complaint with a supervisory authority if you consider that the processing of data is a breach of the GDPR (the right to lodge a complaint with a supervisory authority, Article 77 GDPR).
Due to possible changes in legislation, a change in these data protection notifications may become necessary. In this case, we will inform you of such changes. To the extent that the changes affect processing that is based on your consent, we will request a new consent, if necessary.
ONLINE SALES POLICY
Access in order to place an order is allowed to any customer / buyer.
For justified reasons goodandberg.com reserves the right to restrict access to the customer / buyer in order to place an order and / or to some of the accepted payment methods, if it considers that based on the conduct or activity of the customer / buyer on the site, his actions could harm in any way goodandberg.com. In any of these cases, the customer / buyer can contact the customer relations department of goodandberg.com, in order to be informed about the reasons that led to the application of the above mentioned measures.
Communication with the seller can be done by direct interaction with him or by the addresses mentioned in the “contact” section of the site. The seller has the freedom to manage the information received without having to bring justifications for it.
In case of an unusually high volume of traffic coming from an internet network, goodandberg.com reserves the right to ask customers / buyers to manually enter the captcha validation codes, in order to protect the information within the site.
goodandberg.com may publish on the site information about goods and / or services and / or promotions practiced by it or by any other third party with which goodandberg.com has concluded partnership contracts, within a certain period of time and within the stock limit available.
All tariffs related to the goods and / or services presented on the site are expressed in lei (RON) and include VAT
All information used to describe the goods and / or services available on the site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the seller, these being used exclusively as a presentation.
REGISTRATION AS A USER
To create an account on the goodandberg.com website, the user is required to use a valid e-mail address. goodandberg.com may refuse the registration request in situations where it finds that it has used information inconsistent with reality or uses the services in a manner inconsistent with normal usage.
The final price paid by the customer consists of the price of the product + the related shipping and / or collection costs. Delivery prices are detailed on the site.
All prices related to products and services sold through the goodandberg.com site are expressed in Lei and contain 19% VAT.
The customer / buyer can place orders on the site, by adding the desired goods and / or services to the shopping cart, and will complete the order by making payment in one of the ways expressly indicated. Once added to the shopping cart, a good and / or service is available for purchase to the extent that there is stock available for it. The addition of a good / service in the shopping cart, in the absence of completing the order, does not entail the registration of an order, implicitly also the automatic reservation of the good / service.
By completing the order, the buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the order.
By completing the order, the buyer agrees that the seller can contact him, by any means available / agreed by the seller, in any situation where it is necessary to contact the buyer.
The seller may cancel the order placed by the buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other party in the following cases:
– non-acceptance by the issuing bank of the buyer’s card, of the transaction, in case of online payment;
– invalidation of the transaction by the card processor approved by goodandberg.com, in case of online payment;
– the data provided by the client / buyer on the site are incomplete and / or incorrect;
– the impossibility of contacting the client / buyer by the seller by any of the means provided by the client / buyer within 3 days
– consecutive failed deliveries to the same customer / buyer
– the products from the client’s / buyer’s order were in promotion / marketing campaigns and the stock was exhausted
If the customer / buyer requests the withdrawal from the contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the product. If the order is paid, the seller will refund the amount within a maximum of 14 (fourteen) days from the date of informing the seller by the buyer of his decision to withdraw from the contract. The amount will be returned as follows:
for Orders paid by card online -> by refund to the account from which the payment was made;
for Orders paid with Op / refund / iTransfer / Bank card-> by bank transfer;
The seller will be able to defer the refund until receipt of the goods sold or until receipt of proof that they have been shipped, if he has not offered to recover the goods himself (the most recent date will be taken).
If a good and / or service ordered by the buyer cannot be delivered by the seller, the latter will inform the customer / buyer about this fact and will return to the buyer’s account the value of the good and / or service, within maximum 7 (seven) days from the date on which the seller became aware of this fact or from the date on which the buyer expressly expressed his intention to terminate the contract.
BILLING / PAYMENT
The prices of the goods and services displayed within the site www. goodandberg.com include VAT according to the legislation in force.
The price and payment method are specified in each order when confirming the availability of the product. The seller will issue to the buyer an invoice for the delivered goods and services, the obligation of the buyer being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
The seller will send to the buyer the invoice related to the order containing goods and / or services sold by goodandberg.com, as well as for any other payments related to the order, in electronic format, by adding the invoice to the buyer’s account or by e-mail, to the e-mail address mentioned by the buyer in his account or invoice may physically accompany the products delivered by courier.
For a correct communication of the invoice related to the order, the buyer has the obligations to update whenever necessary the data from his account and to access the information and documents related to each order, existing in the account.
If a customer loses an invoice, he can request it by providing the necessary identification indications using the “contact” section on www.goodandberg.com.
By sending the order, the buyer agrees to receive the invoices in electronic format by adding them by goodandberg.com in the account or by e-mail, to the e-mail address mentioned in the account or invoice can accompany the delivered products.
Delivery is FREE for orders over 249 Ron. For orders less than 249 Ron, the delivery price is a fixed one of 16 Ron. Deliveries are made in all areas where the seller’s partner courier companies want without additional costs. In case of additional costs, the seller will inform the buyer, and the latter may or may not agree to delivery under these conditions.
The delivery of the products is made exclusively on the Romanian territory.
For all product categories, the maximum delivery time is 2-3 working days from the date of order confirmation except in situations where the products are not in stock and there is no date that the seller can guarantee for their return to stock. Working days are considered from Monday to Friday, between the hours of 09-18. In most cases we manage to deliver the products according to our own objective.
No changes can be made after completing the order.
If the products are unavailable (including if the price or some characteristics of the products have changed after order confirmation), goodandberg.com will inform the customer about the unavailability and the amounts he has paid will be refunded within 14 days. The customer can confirm the changes regarding the price or characteristics of the products, thus modifying the initial order, and goodandberg.com will deliver the products according to the order thus modified.
TRANSFER OF PROPERTY OF GOODS
Ownership of the goods will be transferred upon delivery, after payment by the buyer in the location indicated in the order (meaning delivery – signing the receipt of the transport document provided by the courier or signing the receipt on the fiscal invoice in case of deliveries made by the seller’s staff) .
GRANTING DISCOUNTS / MARKETING CAMPAIGNS
Marketing campaigns are always presented within the available stock.
Orders containing products in the promotion will be honored within the available stock.
The promotional codes (vouchers) offered by goodandberg.com through any promotions are valid exclusively for the section mentioned in the e-mail for sending the code, unless otherwise specified. It should be mentioned that some products are included in the “Exceptions” category, products on which promotional codes cannot be applied, but are purchased at the price displayed on the site. Promotional codes can only be used when placing the order, they cannot be used to reduce the value of the order after it has been placed.
A single promotional code (voucher) can be used in an order, the order page does not allow the use of several codes in the same order. For eligibility for a promotion, the value of the transport is not taken into account, unless otherwise specified. Promotions aimed at free or reduced shipping costs apply for each delivery.
If a promotional code was applied in an order that could not be honored or was canceled for any reason, the customer has the right to request the reactivation of the respective promotional code exclusively in writing, by e-mail to office @ goodandberg.com, containing the order id, its status, the customer’s name and the promotional code. They are reactivated for a maximum period of 30 calendar days.
Careful! The promotions on goodandberg.com do not cumulate with each other, the biggest discount is applied. This applies to any form of discount (loyalty cards, promotional codes, gift vouchers, percentage discounts on the site, etc.) as a rule, unless otherwise stated in the promotion. Also, in case of the existence of some percentage vouchers, the holder of such a voucher cannot benefit from the cumulative reduction conferred by the application of the percentage voucher to the already existing reduction within a promotion. Certain promotional campaigns do not combine with other discounts, promotions or loyalty actions. This is specified in the respective campaign regulations.
CANCELLATION, REFUSAL, ORDER RETURN
In connection with the Refusal of the package without justified reasons, we mention that this refusal action generates the obligation to pay the transport costs by the Buyer. When the Buyer completes an order on the site and accepts the “Terms and Conditions”, it generates shipping costs to the Seller. In case of a refusal, the transport costs are both for the delivery attempt and for the return of the products back to the Seller. If there are no pertinent, justified, justified reasons, the Buyer undertakes to pay the transport costs related to the refused package.
goodandberg.com will not bear the return fees for customers who notify their intention to return without a well-defined reason.
In case of withdrawal from the contract, the customer is obliged to return the purchased products within a maximum of 14 days from the date of withdrawal from the contract.
How to make the return:
The client contacts goodandberg.com according to the indications found in the returns form section on the website wwww.goodandberg.com, and the seller will indicate the necessary steps for the return, and for additional information they can contact our team.
If the return conditions are met, goodandberg.com undertakes to return to the beneficiary the amount paid for the returned product, within a maximum of 14 days from the receipt of the product by the seller.
General conditions for return:
– If several products of the same kind have been purchased, only one unsealed product can be returned, the rest of the quantity is accepted only if the products are sealed.
– The returned product must be in the same condition in which it was delivered (in the original packaging, with all accessories, with the labels intact and the documents that accompanied it). Products that show physical changes, blows, shards, scratches, shocks, traces of excessive use and / or unauthorized interventions, etc. are not accepted for return.
– If the returned product has damaged or incomplete packaging, traces of wear, scratches, bumps, electric shocks, mechanical shocks, missing accessories, missing warranty certificates, we reserve the right to decide to refuse the return or to stop an amount from its value, the amount that will be communicated after the evaluation of the damages brought.
– In case of repeated returns (over 3 unfounded returns) we reserve the right to refuse to accept the return.
RIGHT OF WITHDRAWAL – RETURN
According to Government Ordinance 34/2014, (1) Except for the cases provided in art. 16, the consumer benefits from a period of 14 days to withdraw from a distance contract or from a contract outside the commercial premises, without having to justify the withdrawal decision and without incurring other costs than those provided in art. . 13 para. (3) and to art. 14.
(2) Without prejudice to art. 10, the withdrawal period mentioned in par. (1) expires within 14 days from:
a) the date of concluding the contract, in the case of service contracts;
b) the day on which the consumer or a third party, other than the carrier and which is indicated by the consumer, enters into physical possession of the products, in the case of sales contracts, or:
(i) where the consumer orders in a single order multiple products to be delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer takes physical possession of the last product;
(ii) in the case of the delivery of a product consisting of several lots or parts, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the last product or part;
(iii) in the case of contracts for the periodic delivery of products for a specified period, the day on which the consumer or a third party, other than the carrier and which is indicated by the consumer, takes physical possession of the first product;
(3) The contracting parties fulfill their contractual obligations during the withdrawal period according to the provisions of this emergency ordinance.
Exercise of the right of withdrawal
Before the expiry of the withdrawal period, the consumer shall inform the professional of his decision to withdraw from the contract. For this purpose, the consumer can choose one of the following options:
a) to use the model withdrawal form set out in Part B of the Annex;
b) to make any other unequivocal statement in which he expresses his decision to withdraw from the contract.
(2) The consumer has exercised his right of withdrawal during the withdrawal period mentioned in art. 9 para. (2) and to art. 10 if the communication concerning the exercise of the right of withdrawal is submitted by the consumer before the expiry of that period.
(3) The professional may, in addition to the possibilities mentioned in par. (1), to give the consumer the option to complete and submit in electronic format, on the professional’s website, either the model withdrawal form provided for in Part B of the Annex, or an unequivocal statement of any other type. In these cases, the professional communicates to the consumer, without delay, on a durable medium, the confirmation of receipt of the withdrawal form.
The burden of proof on the exercise of the right of withdrawal in accordance with the provisions of this Article shall lie with the consumer.
Obligations of the professional in case of withdrawal
The professional shall reimburse all amounts received as payment from the consumer, including, where applicable, the costs of delivery, without undue delay and, in any case, no later than 14 days from the date on which he is informed by the consumer. the decision to withdraw the consumer from the contract in accordance with art. 11.
(2) The professional reimburses the amounts mentioned in par. (1) using the same payment methods as those used by the consumer for the initial transaction, unless the consumer has agreed to another payment method and provided that the consumer is not responsible for the payment of fees following the refund .
(3) Without prejudice to par. (1), the professional is not obliged to reimburse the additional costs if the consumer has explicitly chosen a different type of delivery than the standard delivery offered by the professional.
(4) Unless the professional has offered to recover the products himself, in the case of sales contracts, the professional may postpone the refund until the date of receipt of the products which were the subject of the sale or until receipt of proof from the consumer that sent the products to the professional, taking into account the nearest date.
Obligations of the consumer in case of withdrawal
Unless the professional has offered to recover the products himself, the consumer shall return the products or hand them over to the professional or to a person authorized by the professional to receive the products, without undue delay and within 14 days from the date on which he communicated to the professional his decision to withdraw from the contract in accordance with art. 11. The time limit is met if the products are returned by the consumer before the expiry of the 14-day period.
(2) The consumer shall bear only the direct costs related to the return of the products, unless the professional agrees to bear those costs or where the professional has not informed the consumer that these costs must be borne by the consumer. In the case of off-premises contracts, in which case the products were delivered to the consumer’s home at the time of the conclusion of the contract, the professional takes over the products at his expense if the products, by their nature, cannot be returned normally by post.
(3) The consumer is responsible only for the diminution of the value of the products resulting from their handling, other than what is necessary for the determination of the nature, characteristics and functioning of the products. The diminution of the value of the products must not be discouraging for the consumer in exercising his right of withdrawal. Regardless of the situation, the consumer is not responsible for diminishing the value of the products if the professional failed to inform him about the right of withdrawal in accordance with art. 6 para. (1) lit. h).
(4) The professional must be able to prove the diminution of the value of the products which results differently from what is necessary for the determination of the nature, characteristics and functioning of the products. (5) When the consumer exercises his right of withdrawal after the transmission of the application in accordance with art. 7 para. (3) or with art. 8 para. (8), the consumer pays to the professional an amount proportional to what was provided until the moment when the consumer informed the professional about the exercise of the right of withdrawal, in relation to the total coverage of the contract. The proportional amount to be paid to the professional by the consumer is calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportional amount is calculated on the basis of the market value of what was supplied.
(6) The consumer shall not bear the costs for:
a) the provision of services or the supply of water, natural gas or electricity, when they are not put up for sale in a limited volume or predetermined quantity, or thermal energy supplied, in whole or in part, during the withdrawal period, in a among the following situations: (i) the professional did not provide information in accordance with art. 6 para. (1) lit. h) or i);
(ii) the consumer has not expressly requested that the provision begin during the withdrawal period in accordance with Art. 7 para. (3) and with art. 8 para. (8);
b) the provision, in whole or in part, of digital content that is not delivered on a material medium, in one of the following situations:
(i) the consumer has not given his express prior consent to the commencement of the provision before the end of the 14-day period referred to in Art. 9;
(ii) the consumer has not confirmed that he has become aware that he is losing his right of withdrawal at the time of giving his consent;
(iii) the professional did not provide the confirmation in accordance with art. 7 para. (2) or with art. 8 para. (7). (7) Except for those provided in art. 13 para. (3) and in this article, the exercise of the right of withdrawal does not attract the responsibility of the consumer.
Exemptions from the right of withdrawal
They are exempted from the right of withdrawal provided in art. 9-15 regarding distance contracts and off-premises contracts the following:
a) service contracts, after the full provision of the services, if the execution started with the prior express consent of the consumer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal after the full execution of the contract by professional;
b) the supply of products or services whose price depends on the fluctuations on the financial market that the professional cannot control and which may take place during the withdrawal period;
c) the supply of products made according to the specifications presented by the consumer or clearly customized;
d) the supply of products that are likely to deteriorate or expire rapidly;
e) the supply of sealed products which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer;
f) the supply of products which are, after delivery, according to their nature, inseparably mixed with other elements;
g) the supply of alcoholic beverages whose price was agreed at the time of concluding the sales contract, whose delivery cannot be made before 30 days and whose real value depends on market fluctuations that the professional cannot control;
h) contracts in which the consumer has specifically requested the professional to travel to his home to carry out urgent repair or maintenance work. If, during such a visit, the professional provides services other than those expressly requested by the consumer or provides products other than spare parts necessary for the performance of maintenance or repair work, the right of withdrawal applies to those services or additional products. ;
i) providing sealed audio or video recordings or sealed computer programs that have been unsealed after delivery;
j) the supply of newspapers, periodicals and magazines, except for subscription contracts for the provision of such publications;
k) contracts concluded within a tender;
l) the provision of accommodation services, for a purpose other than residential, transport of goods, car rental, catering or services related to leisure activities, if the contract provides for a specific date or period of execution;
m) the provision of digital content that is not delivered on a material medium, if the provision began with the prior express consent of the consumer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal.
Diminution of the value of the returned Goods
Because, in the case of distance sales, the Buyer does not have the possibility to check the Goods before concluding the contract, he has the right to withdraw from the contract. For the same reason, the Buyer is allowed to test and verify the Goods he has purchased to the extent necessary to establish the nature, characteristics and mode of operation of the Goods.
In order to determine the nature, characteristics and operation of the Goods, the Buyer must handle and inspect them in the same way as he would be allowed to do in a real physical store. For example: The buyer only needs to try on an item of clothing, not to wear it on various occasions.
The Buyer is only responsible for diminishing the value of the Goods resulting from manipulations other than those necessary to determine the nature, qualities and operation of the Goods.
If the Buyer exercises his right of withdrawal after using the Goods to an extent that exceeds the limit necessary to establish their nature, characteristics and mode of operation, the Buyer is responsible for any decrease in the value of the Goods.
The accessories (user manuals, CDs, cables, etc.) in the box of the Good as well as its original packaging are an integral part of the Good. As a result, the Buyer has the obligation when exercising his right of withdrawal from the contract to return it in the original undamaged packaging, protected by wrapping with foil for stretch plastic packaging or packed in a cardboard box (no labels affixed to it, no cuts, tears, etc. .) and together with all its accessories.
Returned goods that show signs of wear (stains, scratches, bends, cracks, bumps, etc.) are accepted for return only after they have been brought into conformity, involving the costs of sanitation, cosmetics, repairs, replacement of any damaged parts and return to commercial form. for sale as a Reconditioned / Resealed product. The final value is determined by the value of the parts to be replaced and the reconditioning work or by the difference between the initial value of the new product and the resale value of the used product.
Any decrease in the value of the Goods resulting from their handling other than those necessary to determine the nature, qualities and operation of the Goods is the responsibility of the Buyer. For clarity, from the total price of the returned Good, the Seller will retain a sum of money that represents the decrease of the value of the Good in proportion of 5% -50% of the initial value of the Good, as the case may be. The equivalent value of the diminution fee will be communicated to the Buyer upon receipt of the returned Goods.
All notifications will be sent according to the indications in the “Contact” section of the site, which will be treated with the utmost seriousness and professionalism. All the solutions offered will be in accordance with the laws of Romania, and our attitude will be to always solve any situation that could intervene amicably.