TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale (“Terms and Conditions”), together with any and all other documents referred to herein, set out the terms under which Goods are sold by us through our website, which includes the ESSENTAROMA e-Store. Please read these Terms and Conditions carefully and ensure that you understand them before ordering any Goods from our website.
These Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
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“Contract” |
means a contract for the purchase and sale of Goods, as explained in Clause 5; |
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“Dispatch Confirmation” |
means our acceptance and confirmation of your order; |
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“ESSENTAROMA e-Store” |
means the e-Store through which we sell goods on our website; |
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“Goods” |
means the goods sold by us through our website; |
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“order” |
means your order for Goods; |
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“Our website” |
means www.essentaroma.com and any subdomain thereof, including the ESSENTAROMA e-Store. |
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“We/us/our” |
means ESSENTA CONCEPT SRL, a company registered in Romania under registration number 45666140 , whose registered address is Bulevardul INCORONARII, Nr. 7, CAMERA 2, BIROU 10, Etaj2, Alba Iulia, Jud ALBA, ROMANIA |
2. Purchasing Goods through our website
2.1. You may only purchase Goods through our website if:
2.1.1. You are at least eighteen (18) years of age;
2.1.2. You are legally capable of entering into binding contracts;
2.1.3. You agree to and accept to be bound by our Terms & Conditions of Sale and our Website Terms of Use;
2.1.4. You have a user account on our website (please refer to our Website Terms of Use for details);
2.2. If you do not agree to comply with and be bound by our Terms and Conditions of Sale and our Website Terms of Use, please do not use our website or order Goods through our website.
3. Service availability
3.1. Please note that we currently deliver to all countries in the EEA (European Economic Area).
4. Goods, pricing and availability
4.1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from us correspond to the actual Goods. Please note, however, the following:
4.1.1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
4.1.2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
4.2. Please note that sub-Clause 4.1 does not exclude our liability for mistakes due to negligence on our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please refer to Clause 8 if you receive incorrect Goods (i.e. Goods that are not as described).
4.3. We neither represent nor warrant that Goods will be available.
4.4. We make all reasonable efforts to ensure that all prices shown on our website are correct at the time of going online. We reserve the right to change prices and to add, amend, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
4.5. All prices are checked by us when we process your order. In the unlikely event that we have shown incorrect pricing information, please note the following:
4.5.1. We will contact you in writing as soon as possible and give you the option to purchase the Goods at the correct price or to cancel your order. We will not proceed with processing your order until you respond. If we do not receive a response from you within 30 days we will treat your order as cancelled and notify you of the same in writing. If you have already paid for the Goods you will receive a full refund.
4.6. In the event that the price of Goods you have ordered changes between your order being placed and us processing that order and taking payment, you will be charged the price shown on our website at the time of placing your order.
4.7. All prices on our website include VAT.
4.8. Delivery charges are not included in the price of Goods on our website. Delivery options and related charges will be presented to you as part of the order process.
5. Orders - how Contracts are formed
5.1. Our website will guide you through the order process. Before submitting your order to us you will be given the opportunity to review your order and amend it.
Please ensure that you have checked your order carefully before submitting it.
5.2. No part of our website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgement of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by us sending you a Dispatch Confirmation by email.
Only once we have sent you a Dispatch Confirmation will there be a legally binding Contract between us and you.
5.3. If we, for any reason, do not accept or cannot fulfil your order, no payment shall be taken under normal circumstances. If we have taken payment any such sums will be refunded to you as soon as possible.
6. Payment
6.1. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until we dispatch your Goods.
6.2. We accept the following methods of payment on our website:
6.2.1. Bank transfer to our account shown below:
ESSENTA CONCEPT SRL
IBAN: RO12BTREURCRT0641292701
SWIFT: BTRLRO22
ACCOUNT NO: 0641292701
Account Name: ESSENTA CONCEPT SRL
6.3. If payment has been made by bank transfer, you will be required to send a copy of your payment confirmation to us by email at info@essentaroma.com in order for your order to be processed promptly.
7. Delivery, Risk and Ownership
7.1. All orders are processed on business days between Monday - Friday, excluding public holidays in Romania. If your order was placed over the weekend, it will be processed the following week.
7.2. Your order will be fulfilled within the estimated delivery period which will be no more than thirty (30) days after the date on which we send you our Dispatch Confirmation unless otherwise agreed (subject to delays caused by Force Majeure Events under Clause 12).
7.3. In the unlikely event that we fail to deliver the Goods within thirty (30) calendar days of our Dispatch Confirmation (unless otherwise agreed as under sub-Clause 7.2), if any of the following apply you may cancel your order immediately:
7.3.1. We have refused to deliver your Goods; or
7.3.2. In light of all relevant circumstances, delivery within that time period was essential; or
7.3.3. You told us when ordering the Goods that delivery within that time period was essential.
7.4. If you do not wish to cancel under sub-Clause 7.3 or if none of the specified circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then cancel your order.
7.5. You may cancel all or part of your order under sub-Clauses 7.3 or 7.4. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you. Please note that if any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled Goods.
7.6. Delivery shall be deemed complete once we have delivered the Goods to the address provided in your order.
7.7. The risk in the Goods shall remain with us until they come into your physical possession.
7.8. Ownership of the Goods passes to you once we have received full payment of all amounts due, including any applicable delivery charges.
8. Faulty, Damaged or Incorrect Goods
8.1. By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-Contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Goods you have purchased do not conform and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, and to arrange for a refund or replacement. Please note that you have a minimum two (2) year legal guarantee over any faulty, damaged or incorrect goods under EU law.
8.2. You may request a replacement of the Goods in the circumstances identified in Clause 8.1. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If, after a replacement, the Goods still do not conform (or if we cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
8.3. Please note that you will not be eligible to claim under this Clause 8 if we informed you of the fault(s), damage or other problems with the Goods before your purchase of them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to us under this Clause 8 merely because you have changed your mind. If you are a consumer in the European Union you have a legal right to a fourteen (14) calendar day cooling off period within which you can return Goods for this reason. Please refer to Clause 9 for more details.
8.4. To return Goods to us for any reason under this Clause 8 please contact us to arrange for a collection and return. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse you where appropriate.
8.5. Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
9. Your right of withdrawal (cancelling and returning Goods if you change your mind)
9.1. If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your order is complete and we have sent you your Dispatch Confirmation, i.e. when the Contract between you and us is formed.
9.2. If the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling off period ends fourteen (14) calendar days after the day on which you receive the Goods.
9.3. If the Goods are being delivered in separate instalments on separate days, the cooling off period ends fourteen (14) calendar days after the day on which you receive the final instalment of Goods.
9.4. If your order is for the regular delivery of Goods over a defined period, the cooling off period ends fourteen (14) calendar days after the day on which you receive the first delivery of Goods.
9.5. If you wish to exercise your right to cancel under this Clause 9, you must inform us of your decision to do so within the cooling off period. You may do so in any way you wish, however for your convenience we offer an Order Withdrawal Form on our website (see www.essentaroma.com), which we will also provide a link to on our Dispatch Confirmation. Cancellation by email or by post is effective from the date on which you send us your message.
9.6. If you would prefer to cancel by contacting us directly, please use the following details:
§ Telephone No.: +40 723 259 162
§ e-mail: info@essentaroma.com
9.7. When you cancel, we may ask you why you have chosen to do so and may use any answers you provide to improve our Goods and services. However please note that you are under no obligation to provide any details if you do not wish to.
9.8. Please note that you may lose your legal right to cancel under Clause 9 in the following circumstances:
9.8.1. If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
9.8.2. If the goods are liable to deteriorate or expire rapidly;
9.9. Please ensure that you return Goods to us no more than fourteen (14) calendar days after the day on which you have informed us that you wish to cancel under this Clause 9.
9.10. You may return Goods to us by post or another suitable delivery service of your choice to our returns address at C/Ferres no 3 – Pol Jovades, 46780 Oliva Valencia Spain. Please note that if cancelling under Clause 9, you must bear the costs of returning Goods to us. The cost of returning Goods to us should not normally exceed the cost of having them originally delivered to you if you use the same carrier. You can find more details on return costs by emailing us at info@essentaroma.com.
9.11. Refunds under Clause 9 will be issued to you within fourteen (14) calendar days of the following:
9.11.1. The day on which we receive the Goods back; or
9.11.2. The day on which you inform us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 9.11.1); or
9.11.3. If we have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel the Contract.
9.12. Refunds under Clause 9 may be subject to deductions in the following circumstances:
9.12.1. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them, where “excessive handling” means any more handling than is reasonable required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop). Please note that if we issue a refund before we have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate amount if we find that the Goods have been handled in a way that would otherwise entitle us to reduce your refund.
9.12.2. Standard delivery charges will be reimbursed in full as part of your refund. Please note, however, that we cannot reimburse for premium delivery. We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause 9.
9.12.3. Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Goods.
10. Disclaimers
10.1. We only supply Goods for domestic and private use by consumers. We make no warranty representation or guarantee that the Goods are fit for commercial, business or industrial use of any kind, including resale.
10.2. None of the information on any product labels and packaging on our Goods, is a substitute to advice from or consultations with a qualified medical and/or healthcare practitioner.
10.3. You should always seek professional health advice or consult with a qualified medical and/or healthcare practitioner before purchasing any of our Goods and you should only use our Goods and any other supplements or natural remedies under the direct supervision of a qualified health practitioner in order to ensure you will not be complicating any ongoing treatments.
11. Our Liability
Limitation of liability
11.1. To the fullest extent permitted by the applicable law, the liability of ESSENTA CONCEPT SRL or its directors, employees and agents or sub-contractors for any direct loss or damage you may incur in contract, tort (including negligence) or otherwise, which arises out of or is connected with the purchase, cancellation of a purchase and return of any Goods, through our website, a breach of these Terms and Conditions of Sale on our end and/or the Goods themselves (save for in the case of defective goods manufactured by us), is expressly limited to the amount you paid for the Goods plus delivery costs.
Exclusion of liability
11.2. To the fullest extent permitted by the applicable law, ESSENTA CONCEPT SRL and its officers, directors, employees and other representatives expressly exclude:
11.2.1. All representations, warranties, and guarantees (whether express or implied) that the Goods are fit for commercial, business or industrial use of any kind (including resale);
11.2.2. All liability for any indirect or consequential loss or damage in contract, tort (including negligence) or otherwise, which arises out of or is connected with the purchase, cancellation of a purchase and return of any Goods through our website, a breach of these Terms and Conditions of Sale on our end and/or the Goods themselves (save for in the case of defective goods manufactured by us), including, without limitation, any liability for loss of income, revenue, business, profits, contracts, business opportunity, goodwill, reputation, loss of anticipated savings, business interruption or for any other loss or damage of any kind, however arising;
11.3. Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence, including that of our directors, employees, agents or sub-contractors for fraud or fraudulent misrepresentation.
11.4. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer.
12. Events outside our control (Force Majeure)
12.1. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such events or causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control (“Force Majeure Events”).
12.2. Our performance under any Contract is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. Communication and Contact Details
13.1. Please contact us in one of the following ways if you wish to contact us with general questions, matters relating the Goods, your order or any cancellations:
§ By telephone No. at +40 723 259 162
§ By e-mail at info@essentaroma.com
14. Complaints and Feedback
14.1. We always welcome feedback from our customers. Whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is positive, we nevertheless want to hear from you if you have any cause for complaint.
14.2. Please contact us in one of the following ways if you wish to complain about any aspect of your dealings with us:
§ By telephone No. at +40 723 259 162
§ By e-mail at info@essentaroma.com
14.3. Please note that the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr.
15. Data Protection & Privacy
15.1. Any personal information you provide in the course of purchasing Goods through our website will be collected, used, and held in accordance with your rights and our obligations pursuant to the applicable legal framework on data protection and privacy. Please refer to our Privacy Policy and our Cookie Policy on www.essentaroma.com. if you have questions or concerns over any matter in relation to our data protection and privacy practices.
16. Use of our website
16.1. The use of our website is governed by our Website Terms of Use on www.essentaroma.com
17. Other important terms
17.1. We may assign our obligations and rights under these Terms and Conditions and under the Contract, as applicable to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
17.2. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
17.3. If any provision in these Terms and Conditions is found by a Court or other authority to be unlawful, invalid or otherwise unenforceable, that provision will be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall remain valid and enforceable.
17.4. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.
17.5. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms and Conditions as they relate to an order you place, we will give you reasonable advance notice of the changes and provide details of how to cancel the order if you are not happy with the amended Terms and Conditions. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) as soon as possible.
18. Applicable law and Jurisdiction
18.1. These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with Romanian law. This does not affect the applicable mandatory rights under the law of your country of habitual residence.
18.2. At your discretion, you may bring any dispute which may arise under these Terms and Conditions before the competent Courts of Romania or before the competent Courts of your country of habitual residence, if this country of habitual residence is an EU Member State.
18.3. We will bring any dispute which may arise under these Terms and Conditions before the competent court of your country of habitual residence, if this is in an EU Member State, or otherwise before the competent Courts of Romania.
Last update: 11 July 2019