TERMS AND CONDITIONS
1. PRELIMINARY PROVISIONS
1.1. ONLINE SHOP FOR BEAUTY DAYS DISTRIBUTORS
1.1.1. The online Beauty Presentation store, which presents goods through the online store at http://www.beautydays.ro, is managed by CORIOLAN IMPEX SRL, as an importer, based in Bacau, Str. Vadu Bistriţei nr. 14, registered with the Trade Register under file no. J04 / 1643/1993, Single Registration Number (CUI) 4725397 (hereinafter referred to as “Importer” or “Operator”).
1.1.2. These Terms and Conditions include the rights and obligations of parties arising out of or in connection with the sale-purchase agreement (hereinafter referred to as the “Sale Agreement”) concluded between the Importer and a distributor, a legal person through the online store of importer.
1.2.1. Distributor who concludes or contracts outside his / her area of expertise or entrepreneurial activities. The Distributor may be both a natural person and a legal person who purchases goods or uses services for purposes other than their subsequent use in its entrepreneurial activities (hereinafter referred to as the “Distributor” or “Buyer”).
1.2.2. Legal relationships between the Importer and the Purchaser that are not expressly stipulated in these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are governed by the provisions in force of Art. 1650 et seq. Of Law No. 287/2009 on Civil Code, as subsequently amended and supplemented, Government Ordinance no.21 / 1992 on consumer protection and related legislation, as subsequently amended and supplemented.
1.2.3. Distributor or buyer – entrepreneur is a person who is not a consumer. All persons who conclude contracts relating to their own commercial activities, their own production or other similar activities or in the course of their independent occupation or, as the case may be, act for or on behalf of an entrepreneur qualify as buyers – entrepreneurs (hereafter referred to as “Buyer – Entrepreneur”).
1.3. TERMS AND GENERAL CONDITIONS
1.3.1. These Terms and Conditions are an integral part of the Buyer’s and the Operator’s Purchase-Sale Agreement and include the mutual rights and obligations of the parties under the Buyer-Sale Agreement (as defined below).
1.3.2. By signing the Buyer’s Agreement, the Buyer agrees on the Terms and Conditions in full.
1.3.3. Except as otherwise provided in the Buyer’s Agreement or its Annexes or any provision contained in these Terms and Conditions expressly invalidated or modified by the Sale-Purchase Agreement, or with the exception of any other agreement to the contrary between the Operator and the Purchaser , these Terms and Conditions will apply to any contractual relationship between the Contracting Parties.
1.3.4. The present Terms and Conditions are not applicable to transactions in which the Buyer – Entrepreneur intends to purchase goods from the Operator. This kind of transactions are governed by general legal regulations on sales and purchase contracts.
1.4.1. The Buy-Sale Agreement is an electronically concluded agreement between the Operator as the Seller and the Buyer through the Seller’s Online Store (as defined below) but also verbally when the order is placed on the phone.
1.4.2. These Terms and Conditions are an integral part of the Sale-Purchase Agreement.
1.4.3. Online Shop – an on-line system operated via the Internet, which allows the Operator and the Buyer to conclude the Buy-Sell Contract by means of remote communication. The Online Store is operated on a web site at http://www.beautydays.ro.
1.4.4. Order – a Buy Purchase Order submitted by the Purchaser in accordance with Article 2.2 of these Terms and Conditions.
2. OFFER OF GOODS, ORDERING, CONCLUSION OF SALE-PURCHASE, METHODS OF DELIVERY, PAYMENT METHODS
2.1. OFFER OF GOODS
2.1.1. Goods offer means an offer of selected goods offered through a catalog available at the Online Store. The Supply of Goods is not an offer through which a contract is concluded, as defined in Art. 1188 para. 1 of the Civil Code; The Goods Offer is for information only, and the Seller is not required to conclude a Sale-Purchase Agreement in respect of those goods.
2.2.1. The buyer can place an Order using the form available in the Online Store or call the phone number available on the website.
2.2.2. In order to place a Purchase Order, the Buyer first chooses the goods he / she intends to buy, the amount required, the shipping method (see Art. 2.4.1.) And the payment method (see Art. ). Further, the Buyer confirms the order and, by doing so, issues an irrevocable offer to enter into a Sales-Purchase Agreement with the Operator. A second way to place an order is to call the customer’s telephone number and a Beauty Days consultant will take over the order, delivery address, delivery method, and Buyer’s confirmation is equivalent to a Sales Agreement – Purchase terminated with the Operator.
2.3. CONCLUSION OF SALE-PURCHASE CONTRACT
2.3.1. The Operator undertakes to accept the Buyer’s offer unless the respective offer is in breach of these Terms and Conditions or the Operator has a specific reason to believe that the Buyer will violate the Sale-Purchase Agreement.
2.3.2. The Buyer-Buyer Purchase-Sale Agreement is concluded from the time of the submission, acceptance of the Order (hereinafter Acceptance); The Operator has the obligation to transmit the Acceptance to the Buyer’s e-mail address inserted by the Purchaser into the Order.
2.3.3. Any costs incurred by the Buyer in connection with the conclusion of the Sale-Purchase Agreement by means of distance communication means (e.g. internet connection or telephone calls) will be borne by the Purchaser.
2.4. DELIVERY METHODS
2.4.1. Unless otherwise stated in the Sale Agreement, the Seller will decide the appropriate delivery method. If the Purchaser requests a different delivery method, the Buyer will bear all the risks associated with the delivery method, including all additional costs generated by the use of the chosen delivery method.
2.4.2. The Operator undertakes to inform the Purchaser, by electronic means, that the goods have been shipped to the Purchaser’s address provided by the Purchaser in Order.
2.4.3. Goods are dispatched when they are sent to Buyer’s address made available by the Purchaser in Order. The Operator reserves the right to add delivery costs to the Goods Price as stated in the price list valid at that time.
2.5. PAYMENT METHODS
2.5.1. The operator offers the following payment methods: cash on delivery and bank card payment (MasterCard, Visa and Visa Electron).
2.5.2. CODE. (cash on delivery) means that an order is paid when it is handed over to the Purchaser by a carrier or when it is lifted by the Purchaser at the place where the goods are picked up. This method is only available for the following delivery methods: “shipment of goods ordered via a carrier”. If the Goods are delivered by a carrier, the Operator reserves the right to add the costs thus incurred at the price of the Order stipulated in the price list valid at that time.
2.5.3. Electronic transfer means that the purchase price must be paid into the bank account before the goods are shipped. In order to process the Order as soon as possible, the Operator recommends mentioning the Buyer Order number when completing the Order as a reference code. In the case of an electronic transfer payment, the purchase price is deemed to have been paid when the corresponding amount has been credited to the bank account.
2.5.4. Card payment means that when the Order is finalized, the Buyer will be redirected to a third-party payment server where it will fill in the payment information. The information will be verified, the Order confirmed and the purchase price will be withdrawn from the Buyer’s bank account.
2.5.5. The operator reserves the right to make any changes to the content of the Online Store including prices. Bids (including discounts, promotional and promotional promotions, vouchers, and promotional codes) are applicable within the available stock limit (the number of products in the promotion is always included in the offer information) or for a certain amount of time. Prices are applicable when placing the Order.
2.5.6. All prices of Goods and services (eg delivery) are stipulated with VAT included, except for expressly stated that prices do not include VAT.
2.6. RIGHTS AND OBLIGATIONS BASED ON THE SALE AND PURCHASE CONTRACT
2.6.1. The Operator has the obligation to deliver to the Buyer the goods ordered at the agreed purchase price and the Buyer has the obligation to receive the Goods and to pay the purchase price.
2.6.2. If the Buyer violates the Buyer’s Agreement or the Terms and Conditions, the Operator reserves the right to withdraw from the Sale-Purchase Agreement. In this case, the Buyer is obliged to return to the Operator any costs incurred in connection with the Order, including, but not limited to, the delivery costs, if the Purchaser does not receive the Goods.
2.6.3. The Buyer is obliged to provide true and accurate information in the Order. The Operator will consider all data made available by the Purchaser, which are necessary for the conclusion of the Sale-Purchase Agreement, to be true and fair.
2.6.4. The seller has no obligation to the Buyer in relation to any Code of Conduct within the meaning of Article 8 1 lit. It is from Law no. 365/2002 on electronic commerce.
2.6.5. For amicable settlement of consumer complaints, the Buyer will contact: firstname.lastname@example.org or 07xx xxx xxx. The seller will inform the Buyer of the outcome of the complaint procedure, by electronic means, to the Buyer’s e-mail address.
2.6.6. The seller holds a Certificate of Registration at the Bacau Trade Registry and his object of activity includes the sale of the goods. The National Supervisory Authority for the Processing of Personal Data is the personal data protection supervision body. The National Authority for Consumer Protection is, according to the law, the supervisory body regarding, inter alia, compliance with Government Ordinance no. 21/1992 on consumer protection, as amended.
2.6.7. In this document, the Purchaser assumes the risk of changing the circumstances in the sense of Art. 1271, para. 3 lit. C of the Civil Code.
2.7. DISCOUNT COUPONS AND VOUCHERS
2.7.1. The operator offers various types of discounts; reductions are also granted in the form of discount coupons and vouchers that most often include discount codes.
2.7.2. Discount coupons and vouchers can not be used to purchase goods already in the promotion and goods labeled as the day’s offer.
2.7.3. The discount codes can not be used repeatedly unless the coupon or voucher expressly expresses the opposite.
2.7.4. Discount coupons and vouchers can not be combined or used together unless the coupon or voucher explicitly express the opposite.
2.7.5. If the discount or discount coupon is used otherwise than in accordance with the discount offer rules, coupon or voucher, the Operator has the right to refuse the discount, discount coupon or voucher. The Buyer will be informed accordingly and will be given the opportunity to place the Order without the required reduction. In the event of any doubt as to the interpretation of the rules applicable to discounts or discount coupons, the Operator’s interpretation will prevail.
3. GOODS DELIVERY
3.1. DELIVERY TIME
3.1.1. The delivery times provided for certain types of Goods are only informative and are not binding on the Operator.
3.1.2. The Operator undertakes to dispatch the Goods as soon as possible.
3.1.3. The operator will not be held liable for any damage caused by the delay in the dispatch or delivery of the Goods due to any cause whatsoever.
3.2. EXPEDITION, DELIVERY AND RECEPTION OF GOODS
3.2.1. The buyer obtains the ownership of the Goods purchased upon receipt of the goods. At this time, the risk of loss or damage is also transferred to the Purchaser.
3.2.2. An electronic purchase certificate confirming the date of sale, the goods name, the purchase price, and Seller identification data will be sent to the Buyer at the email address entered by the Purchaser in Order at the delivery date. The seller will provide the Buyer with an electronic copy of the tax invoice for that transaction.
3.2.3. Prior to receiving the Goods from the carrier, the Buyer has the obligation to check that the packaging is intact and to immediately notify the carrier of any defects. If the packaging is not intact, the Operator recommends that the Purchaser refuse to accept the Goods from the carrier and complete a delivery defect report. By signing the receipt, the Buyer confirms that the Packaging of the Goods is intact.
3.2.4. Any complaints regarding the mechanical defects of the Goods, the delivery of goods other than those ordered, etc., which have not been signaled upon receipt of the goods from the carrier, will be signaled by the Purchaser as soon as they have been identified. The Operator shall not be held liable for any damage to the Goods during transportation unless the Buyer claims such damages immediately in accordance with Article 3.2.3. and 3.2.4. of this document.
3.2.5. In the case of a delivery method chosen at the Purchaser’s request, the Buyer will bear all the risks and possible additional costs incurred in connection with it.
3.2.6. If, for reasons attributable to the Purchaser, the Goods have to be delivered repeatedly or by a delivery method different from that requested by the Buyer’s Purchase Order, the Purchaser has the obligation to bear all the costs incurred by the repeated deliveries or the use of a different delivery method.
3.2.7. The Seller may submit any communication addressed to the Purchaser by electronic means at the Buyer’s e-mail address made available through the Customer or Order account.
4. WITHDRAWAL OF THE SALE-BUYING CONTRACT
4.1. REMOVING THE BUYER IN THE SALE-BUYING CONTRACT
4.1.1. If the Sale-Purchase Agreement was concluded by means of distance communication (through the Online Store), the Purchaser is entitled, in accordance with Article 9 1 of Government Emergency Ordinance no.34 / 2014, to withdraw from the Sale-Purchase Contract without invoking a reason and without imposing penalties, within 14 days from receipt of the Goods. The Buyer will inform the Seller of the withdrawal, indicating the Order Number, the Purchase Date and the Payment Refund Account, preferably by completing the Return Form (provided in accordance with Article 4.1.10). In order to adhere to the 14-day deadline, it is sufficient to send the notice of withdrawal to the Seller within this deadline. If the Buyer withdraws from the Sale-Purchase Agreement, the Sale-Purchase Agreement is canceled.
4.1.2. If the Buyer withdraws from the Buyer’s Contract either within the statutory 14-day period and the Goods returned are not complete, have no original packaging, or are obviously used or damaged, the Operator may seek compensation and establish and retain, unilaterally, the amount of the redemption price claimed to be repaid to the Purchaser. In this case, the Operator will only refund to the Buyer the difference between the compensation and the purchase price.
4.1.3. The Buyer hereby acknowledges, in accordance with Article 16 of the Government Emergency Ordinance no. 344/2014, that he can not withdraw from the Sale-Purchase Agreement if the Goods delivered were manufactured according to the Buyer’s specifications or are are clearly intended for immediate consumption, or have been inseparably mixed with different goods after delivery, or have been unpacked by the Purchaser if the Goods can not be returned for hygienic reasons (eg underwear and Swimsuits).
4.1.4. If the Buyer exercises the right of withdrawal, the Buyer will immediately or immediately return to the Operator, within 14 days of withdrawal, the Goods which will include all components and accessories.
4.1.5. In the event of the Buyer’s justified withdrawal from the Buyer’s Agreement, the Operator is obliged, without undue delays and within 14 days of withdrawal, to return to the Purchaser in full the purchase price paid for the Goods, including the delivery costs limited to the relevant amount of the least costly delivery method, and if possible, following the same channel through which the purchase price was paid. An operator may use a different channel to return the purchase price, with the Purchaser’s consent and without any additional cost to the Buyer.
4.1.6. If the Buyer withdraws from the Buyer’s Agreement, the Operator is not required to return the purchase price before the Purchaser returns the Goods or at least provides proof of dispatch of the Goods to the Operator.
4.1.8. The Operator will reimburse the Purchaser for the cost of postage paid at the value of the least costly delivery method by mail, usually in the amount of 11.99 lei. The exact amount depends on the prices in force at the time of the Romanian Post Office. If the Buyer delivers the Personal Goods, the Purchaser is not entitled to any reimbursement for this delivery. If the Buyer returns the Goods for an Order on several occasions, the Buyer has the right to return the value of a single mailing.
4.1.9. In order to withdraw from the Sale-Purchase Agreement, the Buyer may use the return form or call 07xx xxx xxx.
4.1.10. If the Buyer’s withdrawal is unjustified and the Goods are transmitted, in any case to the Operator, the Goods will not be accepted and may be returned to the Purchaser at the Buyer’s expense.
4.1.11. If the Purchaser has received a Gift with the Goods, and the Buyer withdraws from the Sale-Purchase Agreement, the Buyer has the obligation to return the Gift with the Goods.
If the Buyer pays an order with a voucher, the discount (equal to the voucher value) is shared between the items in the order, directly proportional to the value of each.
Let’s say that the buyer makes an order of 3 products – one of 80 lei, one of 40 lei and one of 230 lei. The order value is 350 lei. But the buyer has a voucher of 90 lei which applies to an order of over 290 lei; uses and pays 260 lei instead of 350 lei. The 90 lei discount will be divided among the three products – for the 80 lei you get 20 lei discount (so you pay 60 lei), for the 40 lei you get 10 lei discount (so you pay 30 lei) and for the 230 lei you 60 lei discount (pays 170 lei).
Then, after receiving the order, the Buyer wants to withdraw from the product contract of 40 lei. When the Seller returns the money, it will refund 30 lei, ie the value of the product minus the amount of the discount associated with it.
The same is calculated if the Buyer wants to withdraw from the contract for any other product of those ordered. ”
4.2. WITHDRAWAL OF THE OPERATOR OF THE SALE-BUYING CONTRACT
4.2.1. Despite the fact that the Operator is very careful about the Goods Market, it can exceptionally occur that the Operator can not deliver the Goods Ordered under the terms agreed in the Sale-Purchase Agreement. In such circumstances, the Operator reserves the right to withdraw from the Sale-Purchase Agreement.
4.2.2. Both the Operator and the Buyer have the right to withdraw from the Sale-Purchase Agreement in the event of significant changes in the wholesale prices of the Goods Ordered in the event of significant changes in shipping charges, or if the Operator becomes aware of the fact that The goods were inadvertently offered at a wrong price, and the Buyer does not accept the corresponding changes to the Sale-Purchase Agreement, an increase in the price of the goods or an increase in the delivery prices.
4.2.3. The seller has the right to withdraw from the Sale-Purchase Agreement at any time before delivery of the Goods to the Purchaser.
4.2.4. The Operator is obliged to immediately notify the Buyer of his withdrawal from the Buyer’s Agreement at the e-mail address made available by the Purchaser in Order. The Operator is still obliged to return to the Purchaser the entire purchase price paid for the Goods.
4.2.5. The Purchaser hereby acknowledges and agrees that the Seller has the right to withdraw from the Sale-Purchase Agreement concluded with a Buyer who, during other contractual relations with the Seller, has already materially violated its obligations. The material breach of any prior agreements with the Operator is considered to be a material breach within the meaning of Article 1551 1 of the Civil Code and the Operator has the right to withdraw from the Sale-purchase Contract as a result of such a violation.
5. WARRANTY AGAINST VICTIMS. WARRANTY FOR GOOD FUNCTIONING
5.1. The rights and obligations of the Contracting Parties in relation to the warranty against the defects of the good sold and the guarantee for its proper functioning (hereinafter referred to as the “Guarantees”) are governed by the applicable law in force (in particular Articles 1707-1718 of the Civil Code).
5.2. The seller warrants to the Purchaser that, upon delivery, the Goods have no defects. In particular, the seller guarantees that on delivery the Goods:
Have the property on which the parties have agreed and, if there is no such consensus, the properties that the seller or the manufacturer has declared or which the Buyer expects with regard to the type of goods in question and the promotion by the Seller or producer related to the respective goods,
They are suitable for the purposes communicated by the Seller or the purposes for which the type of goods in question is usually used,
It is appropriate for the quality or design of the model or sample concerned, if the sample or model was the basis for the decision on the quality of the goods,
They are in quantity, they have the appropriate weight and weight
Complies with applicable regulations.
5.3. The Buyer will confirm the rights deriving from the Guarantees with the Seller at the address designated by the Seller for this purpose or, if necessary, at the Seller’s registered office. The Complaints Procedure for defective goods is initiated when the goods have been delivered to the Seller.
5.4. In order to confirm the rights deriving from the Guarantees, the Buyer is required to prove the existence of a Purchase-Sale Agreement between the Buyer and the Seller. The Operator recommends that the Buyer furnish proof of an electronic purchase certificate.
5.5. The buyer has the obligation to specify, ie to provide a description of the defect for which the complaint procedure has been initiated.
5.6. The Purchaser has no right in relation to the Guarantees if the Buyer knew before the Goods were delivered that the Goods were defective or if the Buyer caused them to fail.
5.7. The seller or his authorized representative will resolve the complaint as soon as possible, the length of time depends on the case.
5.8. If the complaint is warranted, the Purchaser is entitled to reimbursement of the costs incurred in connection with the initiated complaint procedure.
5.9. The Operator is required to inform the Purchaser of the completion and outcome of the Complaint Procedure by electronic means at the email provided by the Purchaser in the Complaint or any other address to which the Buyer may be informed of the completion and outcome complaints procedure. This information will include the deadline for the Buyer to pick up the Goods.
5.10. If the Purchaser does not collect the Goods within this deadline, the Operator is entitled to reimbursement of any expenses incurred in connection with the storage of the Goods, and may, if necessary, sell the Goods in the Buyer’s name. The buyer will be notified in advance and will be given an additional period sufficient to pick up the Goods.
6. PROTECTION OF PERSONAL DATA.
6.1. The Buyer hereby agrees that the Operator will process personal data belonging to him, including name, surname, address, business registration number, tax number, e-mail address, gender, bank account and telephone number, and guarantees to the Operator its consent to the collection and processing of personal data.
6.2. The processing of personal data is regulated by Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as subsequently amended and supplemented.
6.3. The Buyer agrees on the Seller’s processing of its personal data in order to exercise the rights and fulfill the obligations deriving from the Sale-Purchase Agreement and to administer the Membership Program and Customer Account of the Purchaser. Unless the Buyer chooses another option here, the Buyer also agrees to Seller’s processing of his personal data for the purpose of transmitting information and commercial communications to the Purchaser. The buyer grants this consent on a voluntary basis and may revoke it at any time, free of charge, through the link provided at the end of each commercial communication. Agreement on the processing of personal data to the extent provided for in this Article is not a prerequisite for the conclusion of the Sale-Purchase Agreement.
6.4. The Buyer acknowledges and agrees with the obligation to provide true and accurate personal data (registration, customer account or Order) and the obligation to inform the Seller immediately of any changes in personal data delivered.
6.5. Personal data may be provided to third parties only on the basis of a confidentiality commitment by them to ensure that these data are kept secure and that the provision of such personal information is made in accordance with applicable law:
CORIOLAN IMPEX SRL with headquarters in Bacau, Str. Vadu Bistriţei nr. 14, registered with the Trade Register under file no. J04 / 1643/1993, unique registration code no. 4725397.
6.6. The processing of personal data will continue for an indefinite period, either by electronic means, either by a fully automated process or by printed documents, or by a non-automated process.
6.7. The Purchaser declares that the personal data provided is correct and that the Purchaser has been trained that the provision of personal data is voluntary.
6.8. If the Buyer notices that Seller or any other person processes personal data in violation of the Purchaser’s personal and private life and personal data protection law, ie, in particular, whether personal data is incorrect from the point of view of the purpose of their processing, the Purchaser is entitled to:
Request an explanation from Seller or Operator.
Ask the Seller or the operator to remedy the situation.
6.9. The Seller is obliged, at Buyer’s request, to provide the Purchaser with information regarding the processing of his or her personal data. The seller is entitled to reimbursement of the justified expenses incurred in this respect, which may not exceed the actual costs necessary to provide such information.
6.10. The Buyer agrees to receive information about the Seller’s Goods, Services and Activities and commercial communications from the Seller on the Buyer’s email address.
6.11. The buyer agrees to save cookies on his / her personal computer. None of the cookies used by the Online Store website collects or retains the Buyer’s personal data, so I do not identify any individual. The buyer can delete or disable certain cookies manually using personal computer settings. Individual cookies can also be disabled or accepted for certain websites.
7. FINAL PROVISIONS
7.1. The communication language between the Operator and the Buyer and the language of the Sale-Purchase Agreement is the Romanian language. All concluded Purchase Agreements are electronically archived by the Operator and are not available to third parties.
7.2. If any provision of the Terms and Conditions becomes for any reason null or void, the rest of the Terms and Conditions will remain unaffected.
7.3. The Operator may change or modify the Terms and Conditions. The modified Terms and Conditions will enter into force on the date of their publication. Previous rights and obligations of both the Operator and the Buyer will remain unaffected.
7.4. In the case of the introduction of an international element in the transaction based on the Sale-Purchase Agreement, the Contracting Parties agree that the relationship between them be governed by Romanian law. Consumer rights deriving from generally applicable legislation will remain the same.
7.5. The Operator shall not be held liable for any loss, injury or material damage, whether direct or indirect, caused by any defect in the Goods delivered unless the loss, injury or material damage derives from the negligence, omission or intent of the Operator.