TERMS AND CONDITIONS
WINE 4 SKIN/VASANTOR – WINE 4 SKIN is a business line of the SELLER DOMENIILE LA MIGDALI SRL, based in Sat Valea Scheilor, Comuna Calugareni, No. 83, Corp C7, Prahova County, registered in the Trade Register under No. J29/657/2017, having CUI 37313180, organized under Romanian law;
SITE - Domain www.wine4skin.ro;
CONTENTS has the following definition:
- all information on the SITE that can be visited, viewed or accessed;
- the content of any e-mail sent to its USERS or CLIENTS by WINE 4 SKIN by electronic means and/or any other means of communication available;
- any information communicated by any means by an employee or collaborator of WINE 4 SKIN to THE USER or CLIENT, according to the contact information, specified or not by him;
- information related to the products and/or prices of cosmetic products practiced by WINE 4 SKIN during a certain period;
- data relating to WINE 4 SKIN, or other privileged data thereof;
SERVICE - e-commerce service run exclusively on publicly available portions of the SITE, for the purpose of allowing the CLIENT to contract products using exclusively electronic means, including other means of distance communication;
CLIENT - The person who has or obtains access to CONTENTS and SERVICE;
ORDER - an electronic document that intervenes as a form of communication between seller and Buyer through which the Buyer transmits to the Seller, through the Site its intention to purchase Goods from the Site;
DOCUMENT – this version for the Terms and Conditions;
COMMERCIAL COMMUNICATIONS - any type of message sent on the basis of the express consent of the data subject or on the basis of the relevant relationship established between seller and BUYER (such as: e-mail/SMS/telephone/mobile push/web push/etc.) containing general and thematic information, information on products similar or complementary to those you have purchased/viewed, information on offers or promotions organized by seller, etc.; Contract at a distance - according to the definition contained in OUG 34 of 4 June 2014 on consumer rights in contracts concluded with professionals, as well as for the modification and completion of some normative acts of Article 2(7), as transposed by Directive 2011/83/EU on consumer rights: any contract concluded between the professional and the consumer within the framework of an organized remote sales or service system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including the time when the contract is concluded;
Contract at a distance - according to the definition contained in OUG 34 of 4 June 2014 on consumer rights in contracts concluded with professionals, as well as for the modification and completion of some normative acts of Article 2(7), as transposed by Directive 2011/83/EU on consumer rights: any contract concluded between the professional and the consumer within the framework of an organized remote sales or service system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including the time when the contract is concluded;
PERSONAL CHARACTER DATA - any information about an identified or identifiable natural person ("target edit"); in principle, is personal data: person's first and last name, home, email address, telephone number, online customer/identifier identification codes, location data, etc.;
PERSONAL CHARACTER DATA OPERATOR – means the natural or legal person, public authority, agency or other body which, alone or together with others, determines the purposes and means of processing personal data. Regarding the website www. wine4skin.ro, the data controller shall be considered the Seller;
CONSENTMENT – of the data subject means any expression of the free, specific, informed and unambiguous will of the data subject by which he accepts, by an unequivocal statement or action, that the personal data concerning him be processed;
PROCESSING - any operation/set of operations on personal data (with or without the use of automated means), i.e. collection, registration, organization, structuring, storage, adaptation, modification, extraction, consultation, use, disclosure, dissemination, making available, alignment, combination, restriction, erasure, destruction, etc. (representing any kind of operation in connection with personal data);
TRANSACTION - cashing or refunding an amount resulting from the sale of a cosmetic product by WINE 4 SKIN to the Customer, using the services of the card processor approved by WINE 4 SKIN or by bank transfer, regardless of the delivery method;
COSMETIC PRODUCT- as defined in Regulation (EC) No 1493/1999 1223/2009 on cosmetic products: any substance or mixture intended to contact the external parts of the human body (epiderma, areas with hair, nails, lips and external genital organs) or with the teeth and mucous membranes of the oral cavity, with the sole or main purpose of cleaning them, of perfuming them, of changing their appearance, protecting them, maintaining them in good conditions or correcting body odors;
2.1. The document sets out the terms and conditions of use of the Site/Content/Service by the Customer. Please carefully review this document to prevent any unintended/unpleasant consequences that may be assessed by the Client as having a negative impact on its data and/or information provided to WINE 4 SKIN;
2.2. Access to the Service is made exclusively by accessing the public website available www.wine4skin.ro;
2.3. By using the Site, the Customer is solely responsible for all activities arising from its use. It is also liable for any material, intellectual or electronic damage or any other damage to the Site, Content, WINE 4 SKIN Service, in accordance with the Romanian legislation in force;
2.4. If the User or Customer does not agree and/or does not accept this Terms and Conditions Document, he will send an e-mail to the address firstname.lastname@example.org stating the reasons and/or requests for the changes made;
2.5. The Customer may at any time reconsider his decision not to agree and/or accept the document;
2.6. This Site is addressed only to Clients who are at least 18 years old and who have not been suspended (suspended account) or removed (closed account) by WINE 4 SKIN, regardless of the reason for the suspension or removal. Becoming a Client, the person declares that he meets the conditions mentioned above;
3.1. The name of the site and its graphical markings are trademarks registered in the property of DOMENIILE LA MIGDALI SRL or, as the case may be, for which a right of use is held and cannot be taken over, copied or used without the written consent of the owner/holder;
3.2. The entire content presented or displayed within the www.wine4skin.ro website, including, and not limited to, text, graphics, photos, images, images in mis which, sounds and illustration, is the property of the Seller. All elements of cosmetic products, including, without any limitation, the general design as well as the content of labels are protected by copyright, copyright laws and other laws relating to intellectual property rights of;
3.3. The User/Customer may not modify any of the materials and may not copy, distribute, transmit, perform, reproduce, publish, license, create works derived from, transfer or sell information or work in the www.winekskin.ro website ;
3.4 Except for the actions permitted by applicable copyright law, the user is responsible for obtaining permission before reusing any copyrighted material that is made available by WINE 4 SKIN;
4.4. Communications of any information or data in the form of message, text, image, audio and/or video file or any other material, regardless of how they are published or transmitted (public or individual), by any natural or legal person other than WINE 4 SKIN/DOMENIILE LA MIGDALI shall be made on the sole responsibility of the person who is the source of these materials, the Seller being in no way responsible for the content or manner of publication of these communications;
4. Newsletters and alerts
4.1. Currently WINE 4 SKIN does not use newsletters and alerts. If in the future it will use such communications, this Document will be updated accordingly and the OPERATOR will implement means to ensure the legality of data processing;
5. Confidentiality of personal data
5.1. We make every effort to ensure that we protect and respect the confidentiality of personal data by implementing appropriate technical and organizational measures, in accordance with the requirements of Regulation No. 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), of Law No 1/2002 of the European Parliament and of the Council of 17 May 1999 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data( 190/2018 on the implementation of the General Regulation on Data Protection and Good Practices in Data Processing;
Payment by card
6.1. If the Customer chooses to pay online by card the value of orders, contract and/or contracts, the authorization and submission for settlement of card acceptance transactions is carried out exclusively through the company NETOPIA Payments through the integrated solution; Netopia Payments is the supplier of the Company DOMENIILE LA MIGDALI SRL of software solution to facilitate e-commerce i.e. payment services, payment administration and anti-fraud protection;
6.2. All types of cards issued by Romanian and foreign banks under the VISA and MasterCard links are accepted provided that the issuing banks have activated them for online payment. Payments made by credit cards for installment payments as listed on the payment information page are also accepted. Other payment methods are bank transfer or payment on delivery.
WINE 4 SKIN does not request or store any information about the Customer's card or bank cards, which are processed directly on the servers of the online payment service provider;
Online sales policy
7.1 Access to the Service
7.1.1 Access to the service is allowed to any Customer who registers an order on the www.wine4skin.ro website;
7.1.2. In order to be allowed access to the service, the Customer will have to accept the provisions of the Document;
7.2.1. WINE 4 SKIN may publish on the website information about cosmetic products and/or promotions with cosmetics practiced by it, within a certain period and within the limit of available stock. In the case of campaigns/competitions involving specific data processing, the OPERATOR will draw up and display the campaign regulation, with specific clauses on the protection of personal data;
7.2.2. All tariffs related to the products or services presented on the website are expressed in lei (RON) and include VAT;
7.2.3. Invoicing of purchased products is done exclusively in RON using the information provided by the Customer in the intended form. WINE 4 SKIN is not responsible for the accuracy of the information provided by the Customer for the invoice;
7.2.4. In the case of online card payments, WINE 4 SKIN is not/cannot be held responsible for any additional costs incurred by the customer, including but not limited to currency conversion fees applied by the issuing bank of its card, if its currency differs from RON. Responsibility for this action is carried only by the client;
7.2.5. In the unlikely event that WINE 4 SKIN will not be able to honor part of the products, it will notify the Customer on the agreed channels, providing him with any available options;
7.3. Online order
7.3.1. The customer may place orders for cosmetic products marketed at any given time, exclusively on the website. WINE 4 SKIN can change prices, offers, quantities at any time according to internal criteria (stocks of raw materials, stock availability, etc.) in compliance with orders/contracts already placed. WINE 4 SKIN cannot be obliged to keep a certain price except for orders already placed;
8. Conclusion of the Distance Contract
8.1. The distance contract is considered concluded by WINE 4 SKIN, when the order placed by the Customer is confirmed electronically/telephoned by WINE 4 SKIN, in accordance with the legal requirements. Furthermore, before validating the Customer's order and before shipping the products, WINE 4 SKIN has the right to contact the Customer, by any means available /approved by WINE 4 SKIN, in order to obtain personal confirmation by the Customer of his identification and delivery data. Customers accept that WINE 4 SKIN cannot be forced to validate/deliver products to persons who have not confirmed delivery and identification data.
9. Cancel Order
9.1. WINE 4 SKIN will be able to unilaterally denounce and automatically cancel the order made by the Customer, even without prior notice to the Customer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:
- failure to validate the online transaction;
- non-acceptance by the issuing bank of the Client's card/transaction;
- the provision of incomplete or incorrect data by the Customer;
- Client's activity may cause damage to the site www.wine4skin.ro,to the company DOMENIILE LA MIGDALI SRL, or is likely to affect the intellectual property rights used/whose owner is the company;
- The Customer uses the Service in a way that does not conform to normal usage and good faith or exercises his rights in order to harm or harm WINE 4 SKIN or in an excessive and unreasonable manner, contrary to good faith;
- other justified reasons (including but not limited to: consecutive failed deliveries at the customer's fault, placing and giving up undue to more than three orders within 1 year, etc.);
9.2. If the Customer waives an order with payment made in advance in compliance with the requirements regarding the right of withdrawal, by confirmed bank transfer or by online card payment solution and in which the bank issuing the Customer's card has authorized the bank transaction, this amount will be refunded by WINE 4 SKIN within 14 days of the date on which it became aware of this fact;
9.3. On any order placed the Customer is obliged to check and accept the contractual framework;
9.4. WINE 4 SKIN will issue and transmit to the Customer all necessary documents attesting to the purchase of products/services by the Client according to the legislation in force;
9.5. WINE 4 SKIN will facilitate the Customer's information on the stage of completion in which his order is located by sending an information email to the address indicated by him. The invoice issued shall contain all the mandatory particulars in accordance with Article 5 of Regulation (EEC) No 2081/92. 319 of Law No. 227/2015 on the Tax Code;
9.6. The contract is concluded for the specified period. It shall be deemed to have ceased when the parties have fulfilled their mutual obligations within the time limits and conditions set out in this Document;
9.7. If there are differences between the number of products and the contents of the package, the Customer is obliged to notify WINE 4 SKIN within 24 hours of receiving the package by phone or by e-mail to the address email@example.com with the related details (photo, explanations, etc.);
10.1. The costs of transporting in the courier system of the products purchased on the website www.wine4skin.ro from WINE 4 SKIN are as follows:
a) for the delivery of products ordered under 250 lei, delivery fee of 15 RON (including VAT);
b) for the delivery of products ordered over 250 lei, delivery is free of charge. All costs are calculated and communicated to the Customer at the time of placing the order;
10.2.The delivery time of an order by fast courier system may vary depending on the period in that is carried out. Thus, the delivery interval can vary from 2 to 7 working days in normal conditions, while for orders to be delivered in busy periods (Winter Holidays, Easter, 8 of March, Black Friday etc.) the delivery time can be extended and notable to exceed as 30 calendar days from the time of placement of the order.
As a rule, the products in an order are delivered in a single package with a single AWB (not partially delivering the products in an order).
11. Quality and warranties
11.1. WINE 4 SKIN complies with the mandatory provisions under Regulation (EC) No 1493/1999. Regulation (EU) No 1223/2009 on cosmetic products as well as those of Regulation (EU) No 1223/2009. 655/2013 laying down common criteria for justifying declarations used in relation to cosmetic products;
11.2. Clear details of the characteristic features of each product by reference to the ingredients are provided on the website. WINE 4 SKIN has fulfilled its product notification obligation – CPNP (Cosmetic Products Notification Portal) as well as its obligation to prepare the Product Information File – P.I.F. (Product Information File);
11.3. However, before using any cosmetic product that comes into direct contact with the user's skin, it is recommended to consult the specialist. WINE 4 SKIN cannot be held responsible for any adverse reactions that may occur depending on the different skin types and how they react. However, WINE 4 SKIN does its best to ensure that people interested in cosmetic products marketed through the Site are properly and fully informing them;
12. The procedure for withdrawing from the contract. Withdrawal form.
12.1. In accordance with Article 9(1) of OUG 3 4/2014, the Customer who is a consumer (natural person) has the right to withdraw from the Contract, i.e.to return the Good, within 14 calendar days, without invoking any reason. There will be no return on transportation costs. Thus, according to OUG no. 34/2014, the period of return of a Good or waiver of the Service expires within 14 calendar days of entry into the possession of the ordered goods.
12.2. For the exercise of the right of withdrawal the buyer informs WINE 4 SKIN of the decision to withdraw from this contract, using an unequivocal statement, for example, a letter sent by post or e-mail to the addresses indicated in the "Contact" section of this website, which forms an integral part of the Document. For the same purpose, the following withdrawal form may be sent to the addresses indicated in the "Contact" section of this site:
" DOMENIILE LA MIGDALI SRL, established in Sat Valea Scheilor, Comuna Calugareni, No. 83, Corp C7, Prahova County
I hereby inform you of my withdrawal from the contract relating to the sale of the following products:
The products were ordered on the date[...] on the www.wine4skin.ro.
Buyer's signature (only if this form is notified on paper):
Date: […] ”;
12.2. In the event that the Customer requests a withdrawal from the Contract and within the legal term of withdrawal from the contract, if the Order has been paid, the Seller will refund the amount within 14 calendar days from the date of notification by the buyer of his decision to withdraw from the Contract. The amount will be returned as follows:
For Orders paid by online card by refunding in the account from which the payment was made, if the Purchaser does not expressly offer another account in writing to transfer the amount subject to the refund;
For Orders paid with Bank transfer/refund/Bank card -> by bank transfer, in the account indicated by the Purchaser in writing.
12.3. WINE 4 SKIN may postpone the refund of the amount for the cosmetic products sold upon receiving them back or receiving a receipt of proof that they have been shipped, in the event that it has not been offered to recover the goods(the most recent date will be taken into account).
12.4. Products marketed through www.wine4skin.ro are sealed for consumer safety. Products may be returned only if they show no signs of use, all products marketed through the website being part of the category of those which, once unsealed, cannot be returned for reasons of health protection, as well as for hygiene reasons, in accordance with Article 5 of Regulation (EEC) No 2081/92. Article 16(b) shall be replaced by the following: (e) of OUG 34/2014.
Depending on the condition of the returned product, it will be decided whether the refund can be accepted.
12.5. Only in certain situations that depend exclusively on the Seller's decision, the return of the products is accepted if they show small signs of wear and tear. In such cases, the Seller will make a check on the product and determine the value to be returned to the Customer.
13. Limitation of responsibility
13.1. WINE 4 SKIN may not be held liable in any way to any Customer who uses the Site or Content, other than within the limits of the articles constituting the Terms and Conditions.
14. Force majeure and fortuitous case
14.1. Except in cases where they have not expressly provided otherwise, none of the parties to a contract concluded, which is still in progress, shall be liable for the failure to fulfil, in full or in part, any of the obligations which encumber under the contract, if the non-performance of that obligation was caused by a force majeure event.
14.2. The party or legal representative of the party invoking the above mentioned event is obliged to inform the other, immediately and completely, of its occurrence and to take any measures available to him in order to limit the consequences of that event.
14.3. The party or legal representative of the party invoking the above mentioned event shall be exempted from this obligation only if the event prevents it from carrying it out.
14.4. If, within 15 days of its occurrence, the event does not cease, each party shall have the right to notify the other party of the full termination of this contract without either of them being able to claim any other damages.
14.5. The party invoking the force majeure event must prove that the obligations are impossible to execute within 30 days from the date of the occurrence of the event.
15.1. The contract is considered concluded in Romania and is governed by the legal provisions applicable on the territory of Romania. Any dispute regarding the Document that may arise between Customer and WINE 4 SKIN will be resolved amicably. If this is not possible, the conflict will be resolved by the competent court within the territorial radius of the headquarters of WINE 4 SKIN;
15.2. Having regard to the provisions of Regulation (EU) No 15.2 of the European Parliament and of the Council of 22 December 1996 on the common organization of the market in 524/2013 on the online settlement of consumer disputes and amending Regulation (EC) No 1493/1999 2006/2004 and Directive 2009/22/EC, WINE 4 SKIN offers the Client the opportunity to opt for the out-of-court settlement of any disputes, through the use of the European Online Dispute Resolution Platform (OLS platform), a digital tool created by the European Commission to facilitate the independent, impartial, transparent, effective, rapid and fair settlement of disputes concerning contractual obligations arising from contracts for the sale or provision of online services between a consumer residing in the Union and a trader established in the Union;
15.3. If any of the above clauses are found null or invalid, regardless of the cause, this clause will not affect the validity of the other clauses;
Contact and other information
16.1. If there are any questions or suggestions about WINE 4 SKIN, please contact us by e-mail to firstname.lastname@example.org
2020 COPYRIGHT DOMENIILE LA MIGDALI SRL