1. GENERAL PROVISIONS
This document (together with all documents referred to therein) sets out the Terms and Conditions governing the use of the website www.ro.viorica.eu (hereinafter “ro.viorica.eu” / “Site”) and placing orders for products through this Site (hereinafter referred to as the “Terms”).
Any product or service offered through this Site is addressed to individuals, hereinafter referred to as “Client” / “Clients”, who purchase/ access them for their own use without resale purpose. Viorica Cosmetic has no obligation or liability resulting from the successive resales of products and / or services performed by Clients.
If the data protection terms and policies are not fully accepted, the Site shall not be used. The company reserves the right to revise these Terms without prior notice. Terms specified on roviorica.eu will apply when the order is being placed.
Any questions regarding the terms or data protection policies can be addressed at any time at firstname.lastname@example.org. The Contract (as defined below) can be concluded, if express agreement is given to this effect.
All time limits provided herein shall be interpreted in calendar days. Where the last day of the period is a non-working day, the period shall be extended until the first following working day
2. WEBSITE OPERATOR
The website operator of www.ro.viorica.eu is the company S.C. VIORICA-COSMETIC SRL., founded under the law of Romania, based in, Bucharest, 26 Timisoara Blvd., Plaza Offices, office 112, tax identification number CUI RO 36744664, registered on J40/16619/19.11.2018.
3. CLIENT DATA
The personal information or data provided by the Client will be processed in accordance with the Data protection policies. By using this Website and/or placing an order for a product on ro.viorica.eu, the Client is considered to give express and unequivocal consent for the processing of such information and data and declares that all of the information and data provided are true and accurate, and that prior written consent of the holder of the information and/or data has been obtained, in case the information and data that is provided through this Website belong to third parties.
4. USE OF THE SITE
By using this Site and/or placing any product order on the Site, the Client undertakes:
- To use this Site exclusively to submit legitimate questions or make legitimate orders.
- Do not place any false or fraudulent orders. If there are reasonable grounds to believe that such an order has been made, the Company has the right to cancel the order and inform the competent authorities accordingly.
If all the information required is not provided, it is possible that the completion of order will fail.
By placing an order through the site, the Client declares that he/she is over 16 years old and has the legal capacity to conclude contracts.
Each Client has the opportunity to create a Client account on the platform ro.viorica.eu, to become a member ro.viorica.eu and benefit of all the advantages of registering an account.
Client is solely responsible for maintaining the privacy and security of the account. Client is also solely responsible for all activities carried out through or in connection with the account and agrees to notify Viorica Cosmetic immediately of any unauthorized use of the account or any other breach of security. Viorica Cosmetic shall not be liable for damages resulting from unauthorized use of the account.
During the campaigns for members of ro.viorica.eu which involve sending mini samples or promotional materials, these shall be sent only to Clients residing in the Romania.
Attempts of unauthorized access of the Site, including, but not limited to, any attempt to access personal data of another Client, to change the content of the site ro.viorica.eu, or to affect the performance of the server on which it is running, shall be considered as attempted fraud and will be reported to the competent authorities, which shall be followed by criminal investigation of those responsible of fraud.
Opinions or statements containing insults or inappropriate language will be deleted from the site or ignored.
By using the contact form or the service on the site, the Client allows Viorica Cosmetic to contact him by any available means, including electronic one.
The complete or partial filling of the contact form and it submission in no way represents a commitment of Viorica Cosmetic to contact the Client.
Website ro.viorica.eu uses its own cookies and cookies installed by third parties, such as Google, to offer the best possible experience on the site. The cookies used on this Site provide valuable feedback and help the Company to improve the online experience.
An “Internet Cookie” is a small file consisting of letters and numbers that will be stored on a user’s computer, mobile device or other equipment from which the Internet is accessed. It is not a virus and does not require personal information to be used.
Cookies provide the user a pleasant experience of navigation, and support the efforts of the many websites to provide users comfortable services, as they hold important information, which will improve the experience of browsing the Web (ex: language settings to access a site; keeping a user logged in; online banking security; keeping products in the shopping cart, etc.)
Some browsers give the poossibility to control Cookies in order to disable them. However, it is to be noted that disabling cookies may also lead to a decrease in the quality of ro.viorica.eu visits.
The order is made through our order system, by filling in the order form. All orders are subject to prior confirmation, which shall be informed by a confirming email sent to the email provided, confirming the delivery of the product (“Delivery confirmation”). By completing the order the Client agrees that all the data provided, which are necessary for the purchase process, are correct, complete and true at the time of placing the order.
If a Client changes their personal data, using the forms available on the Site, all ongoing contracts existing at the modification time, shall be processed according to the initial data as defined/accepted by the Client before the modifications.
All product orders depend on the availability of products in stock. In this regard, in the event of difficulties in supply or if the products are no longer in stock, the Company reserves the right to inform the Client regarding the replacement products of equal or higher quality and value that were initially ordered. If the Client does not want to order these replacement products and if the payment for the ordered products has been already received, the Company shall refund the Client in full any amounts that have been paid.
Viorica Cosmetic reserves the right to refuse full or partial acceptance of an order placed by the Client, without any subsequent obligation of either party to the other or without any party being able to claim damages against the other, in the following cases:
- products are not available in stock;
- payment is not completed;
- the Data provided by the Client on the Site are incomplete or incorrect;
- the activity of the Client on the Site may and/or does cause damages of any nature to Viorica Cosmetic and/or its partners;
- there is one or more confirmed and un received orders.
We reserve the right to remove any product from this Site at any time at our discretion and/or to remove or modify any material or information from this Site. Although the Company makes all efforts to always process all orders, there may be exceptional circumstances that determine the unability to process an order after sending the Order Confirmation message and the Company reserves the right to do so at any time. The Company will have no liability to the Client or any third party for the removal of any product on this Site, for the removal or modification of any material or content on this Site, or for the non-processing of an order after the Order Confirmation message has been sent.
Viorica Cosmetic will notify the Client of the unavailability of an ordered product, the Client having the opportunity to accept or refuse partial order. For order status information call the phone number 0728 849 018, Monday to Friday, between 8-17, or send an email to email@example.com.
Orders placed from Monday to Friday will be processed within 24 hours from submission, orders placed on Saturdays and Sundays will be processed every Monday. If these data change, the new deadlines will be announced both on the website and electronic communication.
6. CONTRACT CONCLUSION
The information provided in the Terms and data contained on this Site does not represent a selling proposal, but rather an invitation to proposal. There will be no contract between the Client and Viorica Cosmetic in relation to any product until the order is expressly accepted by the Company. If the offer is not accepted and funds have already been withdrawn from the Client’s account, these shall be refunded in full.
The contract for the purchase of a product (“the Contract”) shall be concluded only at the time of the Delivery confirmation sending.
7. PRODUCT PRICE
The price of each product is as stipulated on the company’s website, unless there is an obvious error. The Company assumes the obligation to correctly indicate prices on the Site, but errors are possible. If a price error is discovered for any product(s) in the Client’s order, the Client will be informed as soon as possible and given the option to reconfirm the order at the correct price or cancel it. If the Client cannot be contacted for reasons not imputable to the Company, the order will be considered cancelled, and if the product(s) is already paid, the payment will be refunded in full.
The Company has no obligation to sell any product at an incorrect lower price (even if the Client has received the Delivery confirmation), if the price error is obvious, unmistakable and could reasonably have been identified by the Client as an error.
The prices displayed on the website include VAT, but do not include delivery costs, which will be added to the total amount due, as specified in the Terms and Conditions for Shipping.
Prices may be revised at any time without prior notice, but (with the exceptions mentioned above), no potential change will affect any order for which, prior to the price change, a Delivery confirmation has already been sent.
Different types of discounts are offered in the online store. Any discount code may only be used once unless explicitly stated otherwise. Promotions and discounts cannot be accumulated with other promotions and discounts offered in retail stores Viorica Cosmetic.
8. PRODUCT PAYMENT
After the Client has selected all the products to be bought by adding them to the shopping cart, the next step is to go through the process of completing the order and making the payment. In order to do so, the Client must follow the steps in the purchase process, filling in or checking the required information at each step. Moreover, throughout the purchase process, before making the payment, the Client can change the order data. Also, if the Client is a registered member, a history of all orders placed by him will be available in the “My Account” section.
The payment method is: Courier refund and Online payment.
Payment is performed in complete safety, free of additional fees. Card data is processed through the VictoriaBank payment processor, and ro.viorica.eu does not request or store any Client card details. In order to finalize the transaction, the Client must provide code card (all the numbers in the four groups on the front of the card), expiry date and last three digits on the back of the card printed on the signature tape (depending on the type of card, these may not be available).
Credit cards are subject to validation and authorization checks by the issuing institution. If the Company does not receive the necessary authorization, it shall not be liable for any delay in the delivery of the ordered products or, as the case may be, non-delivery, and the Contract will not be concluded with the potential Client.
Secure Socket Layer (SSL)
Viorica.md website use SSL encryption on all web pages where payments are made. To be able to shop through these services, browsers that allow SSL, such as Firefox, Safari, Google Chrome, Opera, Internet Explorer shall be used, or other compatible ones in order to ensure the protection of the Client’s personal data.
3D-Secure is an anti-fraud system developed by Visa and MasterCard. The use of this system allows to increase the security of online transactions. In case of loss or theft, the card enrolled in 3D Secure, cannot be used by third parties for online shopping.
The authentication process does not require the installation of any special applications or make it difficult to browse the internet.
Subject to the provisions of Paragraph 5 above regarding the availability of products, except cases of exceptional circumstances, the Company will make every effort to complete the order with the item(s) listed in the Confirmation of the order by the date specified in the Delivery confirmation, or, if the estimated delivery date is specified, within the estimated time frame shown in the selection of the method of delivery, and, in any event, no later than 7 calendar days from the date of the Delivery confirmation.
However, delays may occur for reasons such as unforeseen circumstances or the delivery area.
If, for objective reasons, the Company is unable to meet the delivery date, the Client will be informed of this situation and given the option to keep the order with a new delivery date or cancel the order with a refund of the entire amount paid. To be noted that no delivery is performed on Sundays.
In regards of the present Terms, it is considered that the “delivery” has been completed or the order shall be deemed to have been “delivered” when the Client or a third party indicated by the Client enters in physical possession of the goods, fact that is supported by the signature of the receipt of the products at the agreed delivery address.
If the order does not reach the Client during the estimated delivery time, he/she can contact the Company at the phone number 0728 849 018 or e-mail address: firstname.lastname@example.org.
In the case of delivery by courier, if the Client is not found at the specified address within the agreed time frame, the courier will return again after getting in touch with the Client, if second delivery attempt fails the order will be cancelled and the goods returned to the headquarters of Viorica Cosmetic, the Client being expected to pay for the second delivery, regardless of the value of the products ordered. In this case, the delivery address of the parcel will be confirmed with a Viorica Cosmetic Client support operator, by telephone or by e-mail.
If the packages show signs of damage (broken package, opened, etc.) the Company recommends the Client to refuse to pick up the package and inform on this fact at the email address email@example.com.
After opening the package, if it contains damaged products, or products that do not correspond with the invoiced ones, the Client is to contact the Company within 24 hours of receiving the package at the email address firstname.lastname@example.org and attach a picture of the products or package.
Viorica-Cosmetic is not responsible for product defects arising from handling or transportation by the Courier.
If the delivery and/or order initialization deadlines cannot be met, Viorica Cosmetic will notify the Client of these issues and of the estimated delivery deadline, without any party being able to claim the other damages regardless of the situation that caused the delay.
Delivery of products can be made only in Romania.
Delivery method: Courier
The Courier will attempt delivery to the delivery address mentioned on the order completion page. If delivery is not completed, the package will be returned to Viorica Cosmetic and the order will be cancelled, the Client will bear the costs of a new delivery, regardless of the value of the products ordered.
10. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
All risks related to the products (including loss and damage) will accrue to the Client from the time of delivery, when the Client or a third party designated by the Client, other than the Courier, enters into physical possession of the products.
Ownership of the products will be transferred to the Client only after full payment of all amounts due for the products is received, including delivery costs, or on delivery (as defined in Article 9 above), if this occurs at a later date. The legal ownership of the products will immediately return to Viorica Cosmetic if any such payment is refunded to the Client.
11. COMPLAINTS MANAGEMENT. GUARANTEE
In case of adverse/unpleasant effects as a result of the use of the products, the Client is asked to notify the Quality Control Department of Viorica Cosmetic, describing in detail the problem, for a correct and relevant evaluation by the specialists. For this it is advisable to send an email to the address email@example.com.
Legal guarantee of compliance
The warranty conditions are in accordance with the Law 449/2003 on the sale of products and their associated warranties and the Law OG 21/1992 on Client protection.
In the event of non-conformity, the non-conforming product must be presented in the original packaging, together with the related accessories and proof of its purchase. If the products arrive unaccompanied by these documents, the products may be returned to the applicant without the guarantee being refunded.
12. INTELLECTUAL PROPERTY AND COPYRIGHT
This site is protected by copyright.
All of the content on the site ro.viorica.eu including the text, images, graphics, audio and video files, trademarks, service marks, industrial designs, trade names are the sole and exclusive property of Viorica Cosmetic, and may not be reproduced, modified, transmitted, reused, appropriated, utilized or used for public or commercial purposes, without obtaining the prior written consent of Viorica Cosmetic is the only entity empowered to use intellectual and industrial property rights and related advertising rights, it does not grant any license or any other right other than to consult the Site.
Any reproduction or representation, in whole or in part, of the site or of any of the elements that compose it, regardless of the support or form, for other purposes, in particular commercial, are expressly prohibited.
Any request for authorization must be sent to the following address: Viorica Cosmetic, Bucharest, 26 Timisoara Blvd., Plaza Offices, office 112. Any unauthorized use, infringement of copyright or other intellectual and industrial property rights may result in civil or criminal proceedings.
13. DIVESTMENT AND SUBCONTRACTING
The contract concluded between Viorica Cosmetic and the Client is binding on each of the parties.
The Client may not transfer, assign, strike or otherwise alienate a Contract or any of its rights or obligations arising therefrom without first obtaining the written consent of Viorica Cosmetic.
Viorica Cosmetic may transfer, assign and/or subcontract or otherwise alienate a Contract or any of its rights or obligations arising therefrom at any time and throughout the term of the contract. For the avoidance of ambiguity, any such transfer, assignment, strike or other alienation shall not affect the legal rights of the Client as a consumer and shall not void, reduce or otherwise limit any warranty that has been granted to the Client, either expressly or implicitly.
Viorica Cosmetic may send notifications regarding the activity of the Company and the website ro.viorica.eu to the e-mail address indicated in the notification subscription form, or by any other means of communication. Receiving notifications involves selecting the appropriate option by filling out a form by the Client on ro.viorica.eu site or through a campaign page of the company Viorica Cosmetic, as well as unconditional acceptance of the Terms, if the Client has not already expressed such an agreement.
Waiving the receipt of notifications by the Client can be done at any time by the following methods:
- Using the special link in the newsletters.
- By contacting Viorica Cosmetic in accordance with the contact information, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other party.
Waiving the receipt of notifications does not imply waiving the consent given to the Terms.
Viorica Cosmetic reserves the right to select the persons to whom it will send notifications as well as the right to remove from its database any Client who has previously expressed consent to receive notifications, without any subsequent commitment from Viorica Cosmetic, or any prior notification thereof.
Viorica Cosmetic will not include in the notifications sent to the Client any advertising material in the form of content referring to any third party who is not a partner of Viorica Cosmetic at the time of sending the newsletter.
Any relationship established through the purchase of products or services through the Site is regulated and interpreted in accordance with the legislation of the Romania, and the Client agrees to comply with the exclusive jurisdiction of the competent courts of the Romania.
Any conflict between Viorica Cosmetic and other party is subject to an amicable settlement. If a common settlement is not reached by this method, jurisdiction rests with the courts of the Romania.
Viorica Cosmetic reserves the right to terminate the activity of the Site without any prior notice.
17. OTHER CLAUSES
These Terms and any document expressly referred to constitute the entire agreement between Client and Viorica Cosmetic with respect to the subject matter of any Contract and supersedes any prior verbal or written agreement, understanding or arrangement between Client and Viorica Cosmetic.
Viorica Cosmetic reserves the right to make any changes to these provisions, as well as any changes to the website/its structure, including changes that may affect the website and/or any content without prior notice to the Client.
Viorica Cosmetic cannot be held responsible for any errors on the Site for any reason, including due to changes, settings, etc., which are not made by the site administrator.
Applicable dated 03.03.2020