Terms and conditions of use of the site
TERMS
AND CONDITIONS OF USE OF THE SITE
terms
and the conditions of this site are in accordance with the provisions of GEO 34/2014
regarding consumer rights in contracts concluded with
professionals transposing Directive 2011/83/EU on the rights
consumers, European Commission Guidelines (2021/C 525/01) on
interpretation and application of Directive 2011/83/EU, GEO 21/1992 on the protection
consumers, OG 99/2000 on the marketing of products and services
market, Law 363/2007 on combating unfair commercial practices,
as well as related legislation. These normative acts apply to consumers
(natural persons) The provisions of Law 287/2009 apply to legal persons.
regarding the Civil Code.
Use
this site, implies acceptance of the terms and conditions presented below.
yourself
We recommend that you carefully read all the clauses before using the site.
in the best conditions.
SC AXA
ROTEAL SRL processes orders from the online store www.herbaris.ro .
SC AXA
ROTEAL SRL is organized under Romanian law, with its registered office in
Bucharest, 18 Scarlat Varnav Street, sector 6, county, CUI: RO11148038,
Commercial Reg. Order No.: J40/10280/1998, OTP Bank Romania – Alba Iulia Branch,
Account in lei: RO82 OTPV 0000 0000 0432 1326.
WEBSITE –
The domain www.herbaris.ro ; through it the user has
access to information regarding the products and services offered by SC AXA
ROTEAL SRL.
information
published by the website www.herbaris.ro is information of general interest
about SC AXA ROTEAL SRL, the products sold by it, as well as
other information considered by SC AXA ROTEAL SRL to be of interest
for users. The information is made available to users in a
free.
SC AXA
ROTEAL SRL is the owner of all intellectual property rights
on the site, namely on its design and content.
The user is obliged to respect all property rights.
intellectual property of SC AXA ROTEAL SRL, provided for by the legislation in force.
User
undertakes to access and use the site for purposes and by means that
not constitute an abusive use.
DISCLAIMER
of responsibility
The images
are presented on the site as an example, and the products delivered may differ
of the images displayed on the site in any way, due to modification
characteristics, design, without prior notification by
manufacturers. SC AXA ROTEAL SRL reserves the right to supplement and
modify any information on the site.
All
The information on this site is provided in good faith. Also
there is a very unlikely possibility that technical errors may occur or
content, related to technical specifications or images/video or even
prices, stocks or availability of products, which may appear for example at
orders placed between working hours or due to lack of connection
internet caused by electronic communications service providers, etc.
the situations described above being non-exhaustive, etc.
Society
AXA ROTEAL SRL undertakes all professional diligence to
ensures the accuracy of the information and product characteristics on this
website (including prices) which is why, to ensure certainty
information, all orders placed by buyers will go through a
prior process of confirming stock, features and price
before www.herbaris.ro makes a contractual commitment to
transfer ownership of the products to buyers (before confirmation
command).
If, in
despite all the steps taken by AXA ROTEAL SRL, on the interface
the online store displays such technical errors, including a
net price lower than the actual price charged for a product or category of products
produced, from a possible system error, without the intention to mislead
potential consumers, the seller will send the buyer by mail
electronics and/or SMS updated price, stock and features,
the consumer having the right not to accept the modified offer.
Confirmation
receiving and taking over the order does NOT equate to accepting the order
the meaning of the conclusion of the contract between the Seller and the Buyer. The moment
the conclusion of the distance contract is the moment of confirmation, on a
durable medium (e.g. email), by the seller of the acceptance of the order, in this case,
confirmation of stock availability, price, technical characteristics and
the commitment to transfer ownership of the products to the buyer.
SC AXA
ROTEAL SRL is not liable for damages caused as a result of
the non-functioning of the site as well as for those resulting from the impossibility of
accessing certain links published on the site.
Value
maximum of the company's obligations to any customer in the event of non-delivery or
improper delivery is the value of the amounts collected by the company from
the respective client.
DISCOUNTS
PRICES AND PROMOTIONAL CAMPAIGNS
sale
at a reduced price, defined according to legal provisions, will display the date on which
the offer ends or, if applicable, the fact that the special offer refers to
the stock of goods available, and if the special offer has not yet started, the date
starting date of the period in which the special price or other specific conditions apply
and will be related to the reference price/previous price
sale
in the form of an advertising lottery (draw) is organized without
imposing no direct or indirect costs in return,
additional to the purchase of the product. Regarding the winnings at stake in
within an advertising lottery, the announcements for its presentation specify
the nature, number and commercial value of those winnings, as well as
the following mention: "the participation/conduction regulations are
available free of charge to any applicant". For this purpose, it will be
mention the address or telephone number to which the request can be sent,
respectively made and the regulation will specify the organizer's obligation
advertising lottery to make public the names of the winners and the winnings
granted.
REVIEWS
A
A review is a personal opinion in the form of text and/or rating (number
of stars awarded from 0 to 5) awarded to a product presented on www.herbaris.ro ,
which comes from a buyer who has actually used or purchased
the product. In this way, the Buyer contributes to informing other possible
Users/Customers/Buyers on the Site and actively engage in
the possibility of developing new services and the complete detailing of
product characteristics.
Starting
Since 2011, www.herbaris.ro offers access to consumer reviews
(buyers) regarding the products and guarantees that the published reviews come from
from consumers who have actually used or purchased the product through
mentioning the statement "verified owner" next to the review. Reviews
that do not come from people who have used or purchased the product will
be deleted.
RIGHTS
BY AUTHOR (COPYRIGHT)
The content,
as defined in the preamble, including but not limited to logos,
stylized representations, commercial symbols, static images, images
dynamic, text and/or multimedia content presented on the Site, are the property of
exclusive of SC AXA ROTEAL SRL, all rights being reserved to it
rights obtained in this regard directly or indirectly (through licenses)
use and/or publication).
To the Customer/Buyer/User
it is not allowed to copy, distribute, publish, transfer to third parties,
modification and/or otherwise alteration, use, linking to, exposure,
including any Content in any context other than the original one
intended by SC AXA ROTEAL SRL, the inclusion of any Content outside
The site, removal of the signs signifying the copyright of SC AXA
ROTEAL SRL on the Content as well as participation in the transfer,
the sale, distribution of materials made by reproducing, modifying
or display of the Content, except with the express written consent of SC AXA ROTEAL
SRL.
Customer/Buyer/User
may copy, transfer and/or use Content only for personal or
non-commercial, only if they do not conflict with
the provisions of the written agreement.
In case
in which AXA ROTEAL SRL grants to the Client/Buyer/User
the right to use in the form described in a separate usage agreement, a
certain content, to which the Customer/Buyer/User has or obtains
access pursuant to this agreement, this right extends only to that or
those contents defined in the agreement, only for the duration of its existence or
of these contents on the site or the period defined in the agreement, according to
the defined conditions, if they exist and do not represent a
contractual commitment from AXA ROTEAL SRL for the respective
Customer/Buyer/User or any other third party who has/obtains access to
this transferred content, by any means and which could be or is
harmed in any way by this content, during or after
expiration of the user agreement.
None
Content transmitted to the Client, User or Buyer, by any means of
communication (electronic, telephone, etc.) or acquired by him through access,
Visiting and/or viewing does not constitute a contractual obligation on the part of
SC AXA ROTEAL SRL and/or the employee/representative of SC AXA ROTEAL
SRL that mediated the transfer of Content, if any,
towards that content.
For
reporting intellectual property rights issues will
please contact us in writing at the e-mail address: office@herbaris.ro
disputes
Any
Any dispute arising between the Clients and the Company will be resolved amicably. In
if the conflict could not be settled amicably, the jurisdiction
It is up to the Romanian courts.
FORCE
majority
None
of the parties will not be liable for failure to perform its obligations
contractual, if such non-performance on time and/or in a manner
accordingly, totally or partially due to a force majeure event.
Force majeure is an unforeseeable event, beyond the control of the parties and
which cannot be avoided.
If in
within 15 (fifteen) days from the date of its production, the respective
event does not cease each party shall have the right to notify the other
parties to terminate the contract by right without any of them being able to
claims other damages from the other.
FRAUD
Any
attempt to access another user's personal data or to modify it
the content of the website www.herbaris.ro , or to affect its performance
the server on which the website www.herbaris.ro runs will be considered a
attempted fraud on the website www.herbaris.ro and will set in motion
criminal investigation against the person or persons who attempted this act.
SC AXA
ROTEAL SRL does not request its Customers or Users by any means
communication (email/telephone/SMS/ etc.) information regarding data
confidential information, bank accounts/cards or personal passwords.
customer
assumes full responsibility for the disclosure of his/her data to a third party
confidential.
SC AXA
ROTEAL SRL declines any responsibility in the event that a client
be/is prejudiced in any way by a third party who would claim that
is/represents the interests of SC AXA ROTEAL SRL. The client will inform
SC AXA ROTEAL SRL on such attempts, using the data
contact.
SC AXA
ROTEAL SRL does not promote SPAM. Any client who has explicitly provided
his/her email address on the site can opt to deactivate the customer account
related to this email address.
Communications
made by SC AXA ROTEAL SRL through electronic means of
remote communication (i.e. e-mail) contain complete identification data and
of the sender or links to them, on the date of transmission
content.
The following
goals achieved or not, will be considered an attempt to defraud the
SC AXA ROTEAL SRL reserves the right to place on the Site/Content
criminal prosecution against the person or persons who attempted to,
or has achieved this goal(s):
• to
access any type of data of another Customer by using an account or by
any other method.
• to
alter or modify the content of the Site or any correspondence sent
by any means of SC AXA ROTEAL SRL to the Client.
• to
affect the performance of the server(s) on which the site runs.
• to
access or disclose to any third party who does not have the necessary legal authority,
content sent by any means by SC AXA ROTEAL SRL to
Client when he is not the legitimate recipient of the content.
CONTACT
SC AXA
ROTEAL SRL publishes complete and correct identification data on the website and
contact by the Client or Member.
By
using the contact form or service present on the site, the Member
or The Client allows SC AXA ROTEAL SRL to contact him/her through any
available means including electronic means.
Completion
partial or full completion of the contact form and its submission is not
does not in any way represent a commitment on the part of SC AXA ROTEAL SRL to
to contact the Member or Customer.
ACCESSING
the site, the use of the information presented within it, visiting
pages or sending emails or notifications to SC AXA
ROTEAL SRL is carried out electronically, by telephone, or any other means of communication.
communication available to the Member or Client, thus being considered that
he/she consents to receiving notifications from SC AXA ROTEAL
SRL electronically and/or by telephone, including communications via
email or through ads on the website.
SC AXA
ROTEAL SRL reserves the right not to respond to all requests for
of any nature, received by any means of communication (electronic, telephone,
etc.).
FEEDBACK
In the case of
where there are questions or suggestions regarding SC AXA ROTEAL SRL,
please contact us by email at office@herbaris.ro . Person
The person in charge will respond to you within 2 business days.
Any
comments, questions, feedback, ideas, suggestions or other communications or
information about or relating to the website www.herbaris.ro ,
its functionality or improvement will remain the property of SC AXA
ROTEAL SRL.
NEWSLETTERS
AND ALERTS
In
the moment the Member or Customer creates an Account on the Site, accepting
Terms and Conditions of the site, it has the right to express or not
agreement to receive newsletters and/or alerts from SC AXA
ROTEAL SRL.
data
taken from the Member for the purpose of sending newsletters and/or alerts,
can and will be used by AXA ROTEAL SRL within the limits of the Privacy Policy
confidentiality.
waiver
upon receipt of newsletters and/or alerts by the Member or Client
can do at any time:
•
Using the specially designated link within any newsletters and/or
alerts received.
• Through
changing your consent to receive newsletters and/or alerts and using pages
from restricted areas, by using the Account.
waiver
receiving newsletters and/or alerts does not imply waiving acceptance
given for the document.
SC AXA
ROTEAL SRL reserves the right to select the persons to whom it will
send newsletters and/or alerts as well as the right to remove from its database
data any Member or Client who has previously expressed consent to
receive newsletters and/or alerts, without any further commitment from us
SC AXA ROTEAL SRL, or any prior notification of
his.
SC AXA
ROTEAL SRL will not include in newsletters and/or alerts sent to the Member
or the Client, any other kind of advertising material in the form of content
which refers to any third party who is not a partner of AXA ROTEAL
SRL, at the time of sending newsletters and/or alerts.
INFORMATION
PERSONAL
information
users of the website www.herbaris.ro are confidential and will be able to
be used only for commercial communications with its partners. Any
specific data regarding the situation and condition of the products can be obtained
by contacting us online, at the coordinates contained in this site.
On
the website www.herbaris.ro , the user is responsible for all
activities that occur by accessing your personal account and password.
AXA ROTEAL SRL cannot be held responsible for errors.
arising from the user's negligence regarding security and
the confidentiality of his account and password.
For a
For a better understanding of these clauses, please refer to the GDPR Regulation.
for the protection of individuals with regard to the processing of personal data
personal data and the free movement of such data.
security
PERSONAL DATA AND INFORMATION
data
Personal information entered by the buyer will be used by the Company only in
the stated purpose of this site. The information in the order form is
necessary to send you order confirmations, issue invoices
tax, delivery of ordered products, announcement of ongoing promotions, etc., and
will not be provided to a third party.
Society
guarantees the confidentiality of certain information. This data does not physically exist
on the servers that run the website www.herbaris.ro , they are accessible
only by authorized personnel of the Company through the internal network. Each
The user has the right to see only his own personal data which
he introduced them.
Website www.herbaris.ro
uses security measures against loss, alteration or use
misrepresentation of information under the Company's control. In the event of
loss of information caused by errors in the software with which it is designed and
hosted on the website www.herbaris.ro , the Company does not assume any
responsibility.
POLICY
CONFIDENTIALITY
AXIS
ROTEAL SRL
collects personal data and special data (CNP), on
the pages of its Sites, only with the voluntary consent of the Member or
The Client, for the following purposes:
•
validation, shipping and invoicing of orders to it;
•
resolving cancellations or problems of any kind relating to a
order or a contract, to the services or products purchased by
this;
• for
to ensure his/her access to the service;
•
sending newsletters and/or periodic alerts, in an exclusive format
electronic;
•
contacting him/her, at his/her voluntary request;
•
contacting him/her regarding Customer Relations matters;
•
statistical purposes.
For
account creation, the Personal Numeric Code is mandatory only for Members
or Customers are taxable persons within the meaning of the Fiscal Code art. 155 letter f).
By
creation of the Account, each Member or Client has expressed their consent
for SC AXA ROTEAL SRL to collect and manage the data
of a personal nature, under the conditions and in compliance with the Regulation
EU 679/2016 (GDPR)
LAW
DATA ACCESS
Any
Member or Client, has the right to obtain from SC AXA ROTEAL SRL, at
request and free of charge for one request per year, confirmation that
the data concerning him/her are or are not processed by him/her.
Any
Member or Client has the right to obtain from SC AXA ROTEAL
SRL, through a written, signed and dated request, free of charge:
• after
case, the rectification, updating, blocking or deletion of data whose
processing is not in accordance with the law, in particular of incomplete or
inaccurate;
• after
case, the transformation into anonymous data of data whose processing is not in accordance
laws.