TERMS AND CONDITIONS
The Answers You Need
In this document, unless the context otherwise provides, capitalized terms shall have the meaning ascribed to them in this paragraph 1.1:SELLER OR THE COMPANY means SC PARLOR FASHION DESIGN SRL, a company organized and existing under the laws of Romania, with registered office in Bucharest 6th Silvestru Street, registered with the Trade Registry under No. RO 31450650, Sole Registration Code J40/4349/2013, e-mail
means any individual or legal entity that meets the conditions provided at para. 3.1 below and places an Order. The individual customer shall be considered a Consumer, unless the ordered products are to be used for the Customer’s business;
means the electronic document whereby the Customer sends to the Seller the acceptance of the offer to sell a product via the Online Store;
means an Order accepted by the Seller under which the Seller has the obligation to sell the Ordered Product or, as the case may be, Products to the Customer and to ensure its/their delivery, and the Customer has the obligation to receive such Product(s) and pay its/their price;
means the virtual store available on the Website;
means the website available at the following URL address: www.dsbags.ro;
means any item that is offered for sale on the Website and which is to be delivered to the Customer under the Contract;
means anyone who accesses the Website and opens a user account thereon;
means the terms and conditions for the sale of the Products via the Online Store, as described herein.
T&C shall apply to all Product sales by the Seller via the Online Store to any Customer. If the Customer is a Consumer, these T&C shall be supplemented with the mandatory provisions of consumer protection laws.
Before using the Online Store, a person must appropriately register on the Website, filling in all the information requested in the registration form and activating its User account. Before any further use of the Online Store, the User must promptly notify any information requested upon registration, if meanwhile such information has changed.
Registration is allowed only for persons having the legal capacity to execute official documents.
The registered user has sole liability for the security of its password. Sending the user password to third parties is prohibited. The password can only be used to access the Online Store. If any unauthorized person becomes aware of the password, the Customer shall immediately change it.
3. ORDER. GENERAL RULES
A User can place an Order only if:
It provides a valid e-mail address;
It provides a phone number at which it can be easily reached; and
It has a valid […] credit card.
The Seller reserves the right not to accept and fulfill Orders placed by users that do not comply with the conditions provided at para. 3.1 above.
Product display in the Online Store does not constitute a legally binding offer of the Company to execute a Contract. Such display only invites the User to make an irrevocable purchase offer by placing an Order.
An Order is placed by following the steps described at section 4 below. After the User has successfully placed the Order, it becomes a Customer, and placing the Order is its irrevocable offer to acquire the Ordered Product(s).
The Contract is considered executed when the Seller accepts Customer’s Order.
All Products are offered subject to availability. Orders that reach the Seller determine the execution of a Contract only to the extent that the Ordered Products are in Seller’s stock. The Seller reserves the right not to accept an Order if such Product is no longer in stock. Products in the cart are reserved only after the Seller has accepted the Order and the price has been paid in full (if the Customer opted for payment by credit card upon Order acceptance).
For Products which are not in stock, some changes may be made by Seller’s contractors (i.e., Company’s suppliers) during the production stage and/or such contractors may decide not to produce an item. If there are any discrepancies compared to an ordered Product or if an item is not delivered by the supplier, the Seller will contact the Customer to obtain its consent to the delivery of the changed Product or, as the case may be, will cancel the Order and repay the price to the Customer.
The Company cannot be held liable because, for reasons beyond its control (e.g., configuration of Customer’s computer) or due to breakdowns, the details, including the colors of the products seen on the Website may slightly vary from the original.
The Products for which the Contract is executed may be shipped only in the regions and under the conditions provided under the “Secure Delivery” section of the Website. Unless otherwise provided, shipping costs shall be borne by the Customer and shall be an integral part of the Contract price.
Orders received by the Seller shall be fulfilled in the order in which they were accepted.
4. STEP-BY-STEP ORDER GUIDELINES
Customer’s orders are delivered to the Seller by following all the steps described below:
the desired Product(s) is/are selected;
the desired Product is added in the “My cart” section by clicking on the “Add to cart” button;
a form is filled in with information on:
Customer’s identification details;
the Product delivery address;
The special facility of the Company’s Website displays the total cost of the Product cart as the sum of the shipping charge and the Product price.
a payment method is selected:
in cash, upon Product delivery;
by credit card, upon acceptance of Order, by using the service;
the order document with the data introduced at steps 4.1.1 – 4.1.4 is displayed;
Company’s Terms and Conditions are accepted,
the Customer clicks on the “Buy Now” button, after it has rectified any errors in the relevant data.
The Company does not accept payment by payment instruments such as cheques.
Before the Order is sent, the Customer may re-verify and change any Order data.
5. ACCEPTANCE OF ORDER
The receipt and acceptance of the Order by the Company shall be confirmed by being displayed on the screen and by sending a confirmation e-mail to the Customer’s e-mail account. If the Customer opted for payment by credit card upon the acceptance of Order, the online payment form will be displayed on the screen.
Each Customer may track its Orders from the last two calendar years by accessing the My Orders section of the User’s account.
6. OUT-OF-STOCK PRODUCTS
If some of the Products are not in stock, this information will be displayed after the Product description. For these Products, the Company reserves the right to accept the Order after having checked the availability of the Product(s) with its suppliers. In such case, the Company shall confirm to the Customer that it has received the Order under an “Acceptance Pending” status. The fact that the Order has been received and its “Acceptance Pending” status shall be confirmed by on-screen display and by sending an e-mail to the Customer’s e-mail account. It is then that the Customer may close the session and wait for the acceptance of its Order.
After the Seller has confirmed that the relevant supplier has the Product(s), the Company shall contact the Customer by e-mail and/or by phone, thus accepting the Order. If the Seller accepts the Order by e-mail, the message may include a link by which the Customer can access an internet page where it can choose a payment method. In the other cases, the Customer can pay the price upon delivery, either in cash or by credit card.
Unless the Seller accepts the Order within 30 days as of receipt thereof, the Customer may cancel the Order by sending an appropriate message to the following e-mail address or by any of the methods provided at para. 10.2 below.
Data provided by the Customer when placing the Order are stored and processed by the Company in accordance with its Confidentiality Policy detailed in Appendix A below.
7. PAYMENT METHODS
The Customer may choose one of the following payment methods:
Payment in cash, upon Product delivery;
Payment by credit card, upon Order acceptance, using the PayPal service
For payment in cash upon Product delivery, the Order is considered paid when the package is delivered to the Customer, along with all the Contract documents, at the delivery address indicated by the Customer in the Order. The Company reserves the right not to complete package delivery unless the price is paid.
If the Customer opted for payment by the Pay Pal service, payment is considered made when the message on the acceptance of the Order by the Seller is displayed on the screen, by filling in the dedicated online form and appropriate payment authorization. If the Customer does not pay, the Company reserves the right not to fulfill the accepted Order. The Customer may resume the Order and, as the case may be, may opt for another payment method.
8. PRODUCTS & PRICES
Products sold on the Website are new and they are accompanied, upon delivery, by a tax invoice in accordance with the laws in force.
The Website provides information on the key features of the Products. Product prices are specified on the Website in RON. All prices listed on the Website include VAT.
The price of each Product is displayed on the screen when the Customer places the Order. The price which is displayed / printed on the invoice will be identical to the price listed on the Website when placing the Order. The Company reserves the right to change the prices listed on the Website, to offer new products, to create, annul or change promotional offers. The Company undertakes not to change the value of the Order after the acceptance thereof.
Customers from non-EU Member States can be subject to customs taxes or duties. Such costs are NOT included in the final purchase price. We collect from the Customer only the Product price and the shipping charges. The costs of customs taxes or duties for customers from non-EU Member States shall be invoiced directly to couriers or to a customs broker selected by the Customer. The Seller recommends all non-EU Customers to contact their local customs bureau in order to determine the final price before completing the purchase.
The Seller undertakes to make its best efforts so that the Products for which a Contract was executed would be delivered within the period provided in the detailed information on each Product, without prejudice to Seller’s right to send multiple Products in one shipment. At any rate, delivery shall not exceed 30 days as of the Order acceptance date.
The Seller does NOT deliver orders during weekends or national holidays. All orders placed during weekends or national holidays in Romania shall be delivered on the immediately following business days. For convenience only, please consider the following list of national holidays:
1 and 2 January;
first and second day of the Christian Orthodox Easter;
the first and the second day of Pentecost;
30 November – Saint Andrew the Apostle, Protector of Romania;
the first and the second day of Christmas.
The Order is delivered by express courier, at the address specified by the Customer in the Order form. Detailed terms and conditions for Product delivery are provided under the “Secure Delivery” section of the Website
If the Customer cannot be found at the delivery address provided in the Order during the specified time, the courier will return only once, after having contacted the Customer. If the Customer cannot be found at the delivery address at the second attempt, the Order shall be cancelled and the Contract for such Products shall be considered terminated de jure, without formal notice, the Customer being in default de jure upon the first failed attempt of delivery. Without prejudice to the right to seek and obtain other compensations, the Company shall deduct the value of shipping charges from the amounts paid by the Customer.
The Seller reserves the right not to deliver any other Products to the Customers placing two or more Orders which could not be successfully delivered.
10. RIGHT TO CANCEL
The Customer considered to be a Consumer is entitled to notify the Seller in writing that he withdraws from the Contract and cancels the purchase, without providing any reason in this respect, within 14 days as of receipt of the ordered Product(s). If the Products under a Contract are delivered in several packages, the 14-day term runs as of delivery of the last package.
The right to cancel can be exercised by:
filling in [ the Cancellation form — see appendix A ] here to and sending the filled-in form by mail to the address Bucharest, 6th Silvestru Street, sector 2, 020735, Romania or by e-mail (as scanned copy) to the address email@example.com
(a cancellation form can also be found in the package delivered to the Customer); or
filling in the online form by accessing the [ link ];
sending an appropriate message by mail to the address Bucharest, 6th Silvestru Street, sector 2, 020735, Romania, or by e-mail to firstname.lastname@example.org all the details provided in the cancellation form.
To meet the cancellation deadline, it is enough for the Customer — Consumer to send the information that he exercises the right to cancel before expiry of the cancellation period.
In the cases described at para. 10.2.2 or 10.2.3 above, the Seller shall confirm the Customer — Consumer in writing that it took note of Consumer’s exercise of the right to cancel.
The Customer — Consumer shall return the Products within 14 days as of the date when he informed the Seller on his decision to cancel the Contract. The Products shall be returned by mail, at the address Bucharest, 6th Silvestru Street, sector 2, 020735, Romania.Return costs shall be borne by the Customer.
Products must be returned as delivered, in their original packaging and with all the accessories, accompanied by all their documents found in the package delivered to the Customer. Products shall be returned along with all the required documents: filled-in form and invoice. The Product return form can be found in the delivered package. The invoice is generated by the system and sent in the package and to the e-mail address specified in the Order. The Company shall confirm the return in writing, by sending a message to the e-mail address indicated by the Customer — Consumer in the Order.
Returned Products which are damaged, soiled or do not have the original garment tags will not be accepted and can be sent back to the Customer.
If the right to cancel is exercised, the Contract shall be considered terminated. The Product price and all the costs charged to the Customer shall be repaid to the Customer after receipt of the returned Products. However, the Seller can deduct the additional costs with the selection by the Customer — Consumer of another delivery method than the cheapest standard delivery method offered by the Seller.
If the cancellation form does not contain any other indications, the Contract costs shall be repaid as follows:
by crediting the bank account from which the Customer — Consumer made the payment; or
in cash, at the Seller’s office in […], if the Customer — Consumer paid the Product price in cash upon Product delivery.
Repayment of Contract costs does not involve the payment of any fees by the Customer — Consumer.
If the Product is returned in such condition that it can no longer be sold as new, the Seller has the right (but not the obligation) to charge a fee for restoring the Product to its initial condition (if possible) or to cover the price balance resulting from the second-hand sale of the Product or, at Customer’s discretion, we will re-deliver the Product to the Customer on the latter’s expense.
The Seller recommends the Customers to insure the returned Product(s), as the Customer is under a duty to take reasonable care of the Products and will be liable for damage to them until the Products are received by the Seller. The Seller also recommends the Customers to use a secure and trackable means to return their Order and to retain proof of sending, in case of a dispute.
The provisions of this section do not apply to customized Products, Products made as per Customer’s instructions or underwear items which were unsealed by the Customer Consumer.
For any question on the return of ordered Products, please contact: Customer Care Department: e-mail. email@example.com or mail address. Bucharest, 6th Silvestru Street, sector 2, 020735, Romania
11. EXCHANGE OF PRODUCTS
The Customer may ask the Seller to replace one or more delivered Products in the following cases:
The delivered Product(s) does/do not comply with the ordered Product(s);
The Product(s) has/have manufacturing defects;
The Product(s) was/were damaged during shipping;
the fit of the Product is not right.
Exchange can be requested within 14 days as of receipt of the ordered Product(s). If the ordered Products are delivered in several packages, the 14-day term runs as of delivery of the last package.
To request to exchange of one or more Products, the Customer shall send such Products to the Seller, by mail, at the address Bucharest, 6th Silvestru Street, sector 2, 020735, Romania within the 14-day term provided at para. 11.2. The package shall include the exchange form (which can be found inside the package) appropriately filled in and signed by the Customer. The package shall be shipped on the Customer’s expense. However, the Customer may request repayment of shipping charges if the exchange is caused by an error upon Product delivery or is due to defects, in accordance with para. 11.1.1 – 11.1.3. Repayment is requested by filling in the appropriate column of the exchange form; the Customer shall attach a copy of the receipt by which it paid for the package shipping. The provisions of para. 10.9 shall appropriately apply.
The receipt of the Product(s) to be exchanged and the appropriately filled-in and signed exchange form shall be equal to the placement of a new Order with the Seller. All the provisions of these T&C on Order acceptance, out-of-stock products, shipping or right to cancel shall apply mutatis mutandis.
The Seller shall bear the costs with the shipping of the package to the Customer if the exchange is caused by an error upon Order processing or is due to defects of the Products, in accordance with para. 11.1.1 – 11.1.3. Otherwise, the Seller may ship the package containing the new Products and the Purchaser is to pay the shipping charges upon delivery of the package.
12. PRODUCT WARRANTY
Products sold on the Website are warranted in accordance with the laws in force. The Customer — Consumer benefits of the non-compliance warranty in accordance with Law No. 449/2003 on the sale of products and related warranties.
For further details on the Products, Product accessories or Product warranty period, please contact: Customer Care Department: e-mail. or mail address. Bucharest, 6th Silvestru Street, sector 2, 020735, Romania
13. LIMITATION OF LIABILITY
The Customer cannot raise claims for damages, unless otherwise provided herein. This exclusion of liability shall also inure to the benefit of the Company’s legal representatives and agents, if the Customer raises any claims against them.
The aforementioned limitation of liability shall not be applicable to the claims for damages to which the Customer is entitled further to a bodily injury affecting his life, corporal integrity or health, as well as the claims for damages further to the infringement of key contractual obligations. “Key contractual obligations” means the obligations which must be observed in order to fulfill the object of the Contract, i.e. that the Company deliver the Product(s) acquired by the Customer with no quality defects or vices concerning the ownership deed and the transfer of the ownership right on the acquired Product(s) from the Seller to the Customer. Also, the aforementioned limitation of the periods when claims may be raised shall not be applicable to the claims for damages arising from the infringement of the contract by the Seller or its representatives by willful misconduct or gross negligence.
These T&C are without prejudice to the provisions of Law No. 449/2003 on the sale of products and related warranties.
The Company shall not be held liable in any way for:
any (direct or indirect) damage arising from the use or incapacity to use the information on the website www.dsbags.ro,
any errors or omissions in the contents of the website which may cause damage.
All the images on the website are illustrative and may slightly vary from the acquired Product, due, for instance, to the change of features or design by the suppliers. If the Product price or some of its features have been erroneously recorded in our databases or erroneously displayed and delivery has not been made yet, reserves the right to cancel the delivery of such Product and notify the Customer as soon as possible on the error.
In all cases, the Company is liable only up to the amount collected from the Customer for the relevant Products.
The Company may, with no prior notice, delete, modify or add any information on the website www.parlor.ro, and suspend any activity on the website www.parlor.ro. If reference to other websites is made on the Website, the Company does not guarantee and acknowledge in any way the type of information available on such websites. It will always be up to the User if it visits such websites or not and if it takes or not into account the information on such websites.
By browsing the Website, the User agrees that the Company does not provide any guarantees whatsoever for:
the fact that the purchased Products are fully compliant with Users’ requirements. Users must carefully examine the details of each purchased Product. If a User has any questions whatsoever, the Company is available to answer them, so as to enable the User to make informed choices;
the continuous, safe and error-free operation of the Website;
the risk of infecting Users’ computer systems with viruses, malware or the like.
Website availability can be suspended by the Company or administrators at any time, with no prior notice and no claim whatsoever from the Users.
Customers are entitled to file complaints against the Products. Such complaints shall be sent to: Customer Care Department: e-mail. or mail address. Bucharest, 6th Silvestru Street, sector 2, 020735, Romania
Complaints shall be verified and solved within no more than 15 days as of receipt thereof by the Company.
15. AMENDMENT OF T&C
The Company reserves the right to amend these Terms & Conditions and make any other changes. The changes become effective as of their publication on the Website.
16. DISPUTES & GOVERNING LAW
Any disputes between the Company and a User/Customer shall be solved in an amicable fashion. If an amicable settlement cannot be reached, disputes shall be referred to the Romanian courts of law.
The Romanian law shall govern any Contract executed as a result of accepting an Order placed by a Customer on the Website.