1. Definitions and Terms
deFlorian - is the registered trademark of S.C. TOTTEX IMPEX SRL S.A., a legal entity of Romanian nationality, having its registered office in Bucharest, Calea Crangasi nr.23, bl 13, sc 1, ap 28 with order number in the Trade Register J40/3235/1994, unique tax registration code RO528299.
Seller - S.C. TOTTEX IMPEX SRL S.A., legal entity of Romanian nationality, having its registered office in Bucharest, Calea Crangasi nr.23, bl 13, ap 28, having the number in the Trade Register J40/3235/1994, unique tax registration code RO528299.
Buyer - can be any natural person who is over 16 years old, makes an Account on the Site or fills in the online order form and places an Order.
Customer - can be any natural person who is over 16 years of age or obtains access to the CONTINUUM, by any means of communication made available by Tottex Impex SRL (electronically, by telephone, etc.) or on the basis of a user agreement existing between Tottex Impex SRL S.A. and the Customer and requiring the creation and use of an ACCOUNT.
User - any natural person registered on the Site, who, by completing the process of creating the Account, has agreed to the site-specific clauses in the General Terms and Conditions section.
Nickname - a pseudonym by which a particular User/Customer/Shopper can add Content to the Site. The nickname is associated with the User/Customer/Customer's information on the Site under the name "User Name".
Account - the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit Orders and that contains information about the Customer/Buyer and the Buyer's history on the Site (Orders, tax invoices, etc.). The User is responsible for ensuring that all information entered when creating the Account is correct, complete and up-to-date.
Website - the online shop hosted at www.deflorian.ro , and its subdomains.
Order - an electronic document that intervenes as a form of communication between the Seller and the Buyer by which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods and Services from the Site.
Goods and Services - any product or service listed on the Site, including the Goods mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the Contract concluded.
Campaign - the action of displaying for commercial purposes, a finite number of Goods and/or Services with a limited and predefined stock, for a limited period of time set by the Seller.
Contract - means the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content
- all information on the Site that can be visited, viewed or otherwise accessed through the use of electronic equipment;
- the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication;
- any information communicated by any means whatsoever by an employee/collaborator of the Seller to the Buyer in accordance with the contact information, whether or not specified by the Buyer;
- information relating to the Goods and/or the prices charged by the Seller in a given period;
- information relating to the Goods and/or Services and/or prices charged by a third party with which the Seller has entered into partnership agreements, in a given period;
- data relating to the Seller, or other privileged data of the Seller.
My Cart - section of the Account that allows the Buyer/User to add Goods or Services they wish to purchase at the time of adding or at a later time; if the Goods or Services are not purchased at the time of adding by placing the Order, the Buyer/User will benefit from the service offered by the Seller to track Goods and Services by receiving Commercial Communications from the Seller. Document - these Terms and Conditions.
Commercial Communications - means of regular information, exclusively electronic, any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information on products similar or complementary to those you have purchased, information on offers or promotions, information on Goods and Services added in the "Account/My Account" section or "Account/Favourites" section as well as other commercial communications such as market research and opinion polls.
Transaction - the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by deFlorian to the Buyer, using the services of the card processor agreed by the Seller, regardless of the method of delivery.
Specifications - all specifications and/or descriptions of the Goods and Services as set out in their description.
2. Contract documents
2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller conducts its business operations.
2.2. The notification received by the Buyer after placing the Order is for information purposes and does not represent acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If it changes the quantity of Goods and/or Services in the Order, it shall notify the Buyer at the e-mail address or telephone number made available to the Seller at the time of placing the Order and refund the amount paid.
2.4. The Contract shall be deemed concluded between the Seller and the Buyer when the Buyer receives from the Seller, by e-mail and/or SMS, the notification of dispatch of the Order.
2.5. The document and information provided by the Seller on the Website shall be the basis of the Contract, in addition to which the warranty certificate issued by the Seller or a supplier of the Seller for the purchased Goods shall be the basis of the Contract.
3. Online Sales Policy
3.1. Access to place an Order is allowed to any Customer/Shopper.For justified reasons Tottex Impex SRL reserves the right to restrict the Customer/Shopper's access to place an Order and/or to some of the accepted payment methods, if it considers that based on the Customer/Shopper's conduct or activity on the Site, his/her actions could in any way prejudice Tottex Impex SRL S.A. In any of these cases, the Customer/Customer may contact the Customer Relations Department of deFlorian, to be informed of the reasons that led to the application of the above measures.
3.2. Communication with the Seller may be made through direct interaction with the Seller or through the addresses mentioned in the "contact" section of the Site. The Seller is free to manage the information received without having to provide justification for it.
3.3. All prices for Goods/Services presented on the Site are expressed in lei (RON) and include VAT, or in euro (EUR) and include VAT.
3.4. In the case of online payments, the Seller is/cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing the card, in case the currency of issue of the card differs from RON. The Buyer is solely responsible for this action.
3.5. After 14 (fourteen) days from the purchase of a Good, the Buyer may be requested to register a Review related to the purchased Good or Service. The request will be sent to the email address registered by the Buyer in the Account. In this way, the Buyer contributes to informing other potential Users/Customers/Buyers on the Site and is actively involved in the development of new Services and in detailing as fully as possible the characteristics of the Goods.
4. Intellectual and industrial property rights
4.1. Customer/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by Tottex Impex SRL, include any Content outside the Site, remove any marks signifying Tottex Impex SRL's copyright in the Content, or participate in the transfer, sale, distribution of any materials made by reproducing, modifying or displaying the Content, except with the express written consent of Seller.
4.2. 4.3. Any Content to which the Customer/Buyer has and/or obtains access by any means whatsoever shall be subject to the Document, unless the Content is accompanied by a specific and valid user agreement entered into between Tottex Impex SRL and the Customer/Buyer, and without any implied or express warranty given by Tottex Impex SRL with reference to that Content.
Customer/Client may copy, transfer and/or use the Content only for personal or non-commercial purposes, provided that such use does not contravene the provisions of the Document.
4.4. If Tottex Impex SRL S.A. grants the Customer/Client the right to use, in the form described in a separate usage agreement, a specific Content to which the Customer/Client has or obtains access as a result of this agreement, this right extends only to the Content(s) defined in the agreement, only for the period of its or their existence on the Site or for the period defined in the agreement, in accordance with the conditions defined, if they exist and do not represent a contractual commitment on the part of Tottex Impex SRL S.A.. A. for the respective Customer/Buyer or for any other third party who has/obtains access to such transferred content, by any means and who could be or is in any way harmed by such content, during or after the expiration of the agreement of use.
4.5. No content transmitted to the Customer or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by the Customer or Buyer by accessing, viewing and/or viewing shall constitute a contractual obligation on the part of Tottex Impex SRL and/or the employee/employee of Tottex Impex SRL who facilitated the transfer of the content, if any, with respect to such content.
4.6. Any use of the Content for purposes other than those expressly permitted herein or in the accompanying User Agreement, if any, is prohibited.
5. Order
5.1. The Customer/Shopper may place Orders on the Site, by adding the desired Goods to the shopping cart and completing the Order by making payment by one of the methods expressly indicated. Once added to the shopping cart, a Good is available for purchase insofar as there is stock available for it. The addition of a Good to the shopping cart, in the absence of the completion of the Order, does not entail the registration of an order, nor the automatic reservation of the Good.
5.2. By completing the Order, the Buyer agrees that all data provided by the Buyer, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
5.3. By completing the Order, the Buyer consents that the Seller may contact the Buyer, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
5.4. The Seller may cancel the Order placed by the Buyer, following prior notice to the Buyer, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other in the following cases:
5.4.1. Non-acceptance by the Buyer's card-issuing bank of the transaction, in the case of online payment;
5.4.2. invalidation of the transaction by the card processor approved by Tottex Impex SRL, in case of online payment;
5.4.3. the data provided by the Customer / Buyer on the Site are incomplete and/or incorrect;
5.5. The Buyer has the right to withdraw from the Contract, i.e. to return a Good or to cancel a Service, within 14 calendar days, without giving any reason and without incurring any costs other than delivery costs.
Thus, according to GEO 34/2014, the period for returning a Good or renouncing a Service expires within 14 days from:
- the day on which the Buyer takes physical possession of the last Good - if the Buyer orders in a single order multiple products to be delivered separately.
- the day on which the Buyer takes physical possession of the last Good or part - in the case of delivery of a product consisting of several lots or parts.
5.6 If the Customer/Consumer requests withdrawal from the Contract within the legal period for withdrawal from the Contract, he/she must also return any gifts that accompanied the Product. If the Order is paid for, the Seller shall refund the amount within 14 (fourteen) days from the date of the Buyer's informing the Seller of its decision to withdraw from the Contract. The amount will be refunded as follows:
5.6.1. for Orders paid by online card ->by refund to the account from which the payment was made or by issuing an electronic voucher, at the Buyer's choice;
5.6.2. for Orders paid by Op/refund/iTransfer/bank card-> by bank transfer or by issuing an electronic voucher,
5.7. The Seller may postpone the reimbursement of the amount until the Goods sold have been received, i.e. received in good condition or if he has not offered to recover the Goods himself (the most recent date will be taken).
5.8. If a Good ordered by the Buyer cannot be delivered by the Seller, the Seller shall inform the Customer/Buyer of this fact and shall return the value of the Good to the Buyer's account within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.
5.8.1 Information on the product features is available on the product pages of our Website. From a legal point of view, the content of the Site is not a proposal for a purchase contract, but a presentation of our offers. Therefore, if you place your order via our Site, your order constitutes an offer to purchase a product listed on this Site. Your order is followed by our acceptance as described below.
5.8.2 Your order may only be placed through our Site. To do so, you will go through a simple process, at the end of which you will confirm your order by clicking the "finalize order" button. The button will clearly indicate that placing the order implies your obligation to pay. Before confirming the order, you are always informed of the total price to be paid and you will always have the opportunity to check and possibly correct your order.
5.8.3 After placing an order, you will receive an e-mail confirming receipt and registration of your order ("Order Receipt / Confirmation"). This does not mean that the order has been accepted. As set out above, your order constitutes an offer by you to purchase a product listed on our Site. All orders are subject to acceptance by us. The contract between you and us will only be formed upon our acceptance of your order. The contract will relate only to those products for which we have accepted the order placed by you, and we will send you a confirmation of acceptance of the order by e-mail informing you that the product has been dispatched ("Dispatch Confirmation"). If we are unable to honour a contract due to insufficient stock of products, technical error or non-conformities found during the dispatch process, we will inform you of this situation and refund the amounts paid by you. for these products, if applicable, in accordance with the refund provisions in the section relating to your statutory rights of withdrawal set out in these Supply Conditions, within 7 days of the date on which you notify us of your decision to terminate the contract.
6. Confidentiality
6.1. Tottex Impex SRL will keep confidential the information of any nature that you provide. Disclosure of the information provided will be possible only under the conditions mentioned in this Document.
6.2. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by the Buyer/Customer regarding the Order/Contract without the prior written consent of the Seller.
7. Commercial Communications
7.1. The Buyer/Customer may at any time change its choice of consent given to the Seller for Commercial Communications containing general and thematic information including information on offers or promotions, at any time, as follows:
7.1.1. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller or
7.1.2. by contacting the Seller.
7.1.3. Opting out of receiving Commercial Communications does not imply opting out of the acceptance of this Document.
7.2. By adding Goods to the section of the Account:
My Cart, the Seller shall send the Buyer/User Commercial Communications regarding:
- the modification of the price of the Goods or Services added in the section "My Cart",
- recommendations of Goods similar to those added in the "My Cart" section
- the existence of Goods in the "My Basket" section; and
- stock availability of Goods
7.3. Following the purchase of a Good, the Seller shall send the Buyer/User Commercial Communications regarding:
- suggestions of Goods recommended to be used in conjunction with the purchased Good or Service
8. Invoicing - Payment
8.1. The prices of the Goods are displayed on the respective website www.deflorian.ro and include VAT according to the legislation in force.
8.2. The price, payment method and payment term are specified in each Order. The Seller shall issue an invoice to the Buyer for the Goods delivered, the Buyer's obligation being to provide all the necessary information to issue the invoice in accordance with the legislation in force.
8.3. The Seller shall send to the Buyer the invoice for the Order containing Goods sold by Tottex Impex SRL, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer's Account or by e-mail, to the e-mail address mentioned by the Buyer in his Account.
8.4. For a correct communication of the invoice related to the Order, the Buyer is obliged to update whenever necessary the data in his Account and to access the information and documents related to each Order, existing in the Account.
8.5. Through this means of communication, the Buyer, by accessing his Account, will have a record of the invoices issued by Tottex Impex SRL S.A., being able to save and archive them in turn at any time and in any way he wishes.
8.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by adding them by Tottex Impex SRL to the Account or by electronic mail, to the e-mail address mentioned in the Account.
8.7. The payment card data of the Customer/User/Purchaser shall not be accessible to Tottex Impex SRL and shall not be stored by Tottex Impex SRL or by the payment processor integrated into the Website, but only by the institution authorizing the Transaction or another entity authorized to provide card identification data storage services, about whose identity the Customer/User/Purchaser shall be informed prior to entering the data.
8.8. in certain cases, in order to maintain the security of the Transactions, the Buyer will be required to authorise payment by re-entering the password for the Account or by using the fingerprint in the case of mobile terminals that have this facility.
8.9. For security reasons, the Customer/User/Purchaser is advised not to remain logged in on the Site and not to set the automatic login option on mobile devices. Disclosure of the account password is not allowed and it is recommended to use a strong security password (e.g.: to contain at least eight characters, including uppercase letters, lowercase letters, digits and special characters).
9. Applicable law - Jurisdiction
This Agreement is subject to Romanian law. Any disputes arising between Tottex Impex SRL S.A. and Customers / Buyers shall be settled amicably or, if this is not possible, by litigation.