Terms and conditions
1. The Vendor
INOMEA SRL (hereinafter referred to as the “Vendor”) is the owner/administrator of the Website www.rosamundiperfumery.com (hereinafter referred to as the “Website”). By accessing the Website, you will find information about the products sold by the Vendor that you can purchase by making online orders.
Vendor’s name: INOMEA SRL
Address of the registered office: Intrarea Medic Col. Stoenescu nr. 5, Sector 5, cod 050457, Bucharest, Romania
Sole registration number (CUI): 36474684
Registered with the Trade Register under number: J40/11491/2016
2. The Buyer
Is the person that places an order on the Website to purchase the Vendor’s products or another person indicated by the one placing the order, as well as any other person at the delivery address that receives, checks, confirms the condition of the products and pays the price of the products (cash-on -delivery, if applicable) (hereinafter referred to as “Buyer”).
3. Subject matter
3.1. The Terms and Conditions for Sale (hereinafter referred to as the “Terms and Conditions”) are applicable to all orders for products and/or services addressed to INOMEA, placed by the Buyer on the Website, that may accessed at www.rosamundiperfumery.com, including from a mobile telephone.
3.2. For the orders, sales, deliveries of Products from the Website, the Terms and Conditions as valid on the date of the order (hereinafter referred to as the “Order”) shall apply.
3.3. The Vendor is entitled to unilaterally amend the Terms and Conditions anytime and such updated version may be accessed by the Buyer on the Website on https://www.rosamundiperfumery.com/termeni-si-conditii/.
3.4. Prior to placing the Order on the Website, the Buyer shall read and accept the Terms and Conditions. To the extent that the Buyer does not understand one or several clauses, he/she must discuss this with a specialized advisor.
3.5. By placing an Order on the Website, the Buyer accepts and fully agrees with the Terms and Conditions.
4. Products sold on the Vendor’s Website
4.1. On the Website, the Vendor sells cosmetics and perfumes and any other products presented by the Vendor on the Website (hereinafter referred to as the “Products”), that the Buyer may place Orders for on the Website in order to purchase them.
4.2. The presentation of the Products on the Website is included in an online catalogue and the Buyer is able to select one or several Products for purchase.
4.3. The information regarding the Products sold on the Website may be amended by the Vendor unilaterally, without this affecting the Orders accepted by the Vendor according to Chapter 5 below.
4.4. All Products sold by the Vendor on the Website are compliant with and observe the laws in force in Romania. The information on the Products or on their packaging are made available to the Buyers in Romanian.
4.5. Generally, the Vendor also makes available to the Buyer photographs of the Products sold on the Website. The photographs of the Products may be replaced by the Vendor anytime. Under certain circumstances, there may be differences between the photographs of the Products as appearing on the Website and the Products delivered to the Buyer, particularly as a result of changes originating from the Products manufacturer itself (e.g. when changes are made in order to improve the appearance of the outside packaging). The Vendor will not be held liable for any such possible mismatches between the photographs of the Products as appearing on the Website and the Products delivered to the Buyer.
4.6. The offers for the Products are valid as long as there are displayed on the Website, within the limits of the inventories available in the Vendor’s warehouse in the morning of the day when the Order is placed.
The Buyer may contact the Vendor using the contact data in Chapter 1, by calling 0738660355 or sending an e-mail to firstname.lastname@example.org, if he/she has any questions regarding the Products, including on their availability, as well as in connection with how they are used.
5. Orders from the Website
5.1. Buyers registration
5.1.1. In order to place an Order on the Website, it is required to create an account and to supply information, such as first and last name, domicile, delivery address if different from the domicile, contact details (telephone, fax, e-mail), as well as other information deemed useful for registering. The person that requests the registration of an account must be at least 18 years old.
5.1.2. The Buyer is fully responsible for the accuracy of the information supplied by the Vendor and for the fact that they are up to date in order to fully register the account on the Website.
5.1.3. The Buyer’s access via the account created on the Website implies using an e-mail address, which will be verified by the Vendor before accepting the registration of the account, as well as a password created by the Buyer solely. In order for the information in your Buyer account to be secure, we recommend you not to disclose these access details (the e-mail address that you used for registration and the password for the account), the confidentiality of this data being the exclusive task of the Buyer.
5.1.4. The Vendor is entitled to refuse the registration of an account or to decide for an account previously registered to no longer be used, without explaining the reasons that determined it to take these measures.
5.2. Placing Orders on the Website. Sale of Products.
5.2.1. In order to place Orders on the Website, the Buyer must first select the product/Products that he/she wishes to purchase and afterwards to add them in the Shopping Basket (hereinafter referred to as the “Basket”) by clicking on the “ADD TO CART” button.
5.2.2. The selling price of the Product on the Website (hereinafter referred to as the “Price”) is expressed in RON and may be unilaterally changed by the Vendor. The price of the Product is the price displayed under the law, in force on the date when the Order was placed. The change to the VAT rate will be automatically reflected in the Price, and the new VAT rate will be applied to the Price of the Product sold on the Website.
5.2.3. The Vendor is free to change/rectify the Prices, to apply new Prices or to offer/cancel discounted Prices before the Buyer submits the Order, without previously informing the Buyer.
5.2.4. The Price of a Product does not include the costs of its transport and delivery to the Buyer. These costs generated by the delivery and transport of the Products will be separately displayed and accepted by the Buyer when the Order on the Website is placed.
5.2.5. After placing the Order, it must be expressly accepted by the Vendor, by sending a confirmation message, by e-mail or by SMS to the mobile telephone, to the Buyer. By accepting the Order, the Vendor and the Buyer conclude a distance sales agreement (hereinafter referred to as the “Agreement”), whose main subject matter comprises the obligations to sell and deliver the Products and the Buyer’s correlative obligations to pay and take over the ordered Products.
5.2.6. The Vendor is not bound by the obligation to accept all Orders placed on the Website, being able to unilaterally refuse an Order under certain circumstances (such as, but not limited to: when the Products are not available on stock, the Products in storage have defects and are improper for sale, the information that the Buyer must supply for the delivery of the Products is missing, the Products must be delivered to a different state etc.).
5.2.7. The partially/fully accepted Order is confirmed by sending a message (hereinafter referred to as the “Confirmation Message”) to the e-mail address indicated by the Buyer or a SMS to the Buyer’s mobile telephone. If the Buyer does not indicate a correct and valid e-mail address/telephone number, the Vendor will not be held responsible if the Confirmation Message is not received by the Buyer.
5.2.8. When it is the Buyer’s fault for such incorrect indication of the e-mail address/telephone number or for the Order Confirmation Message not being received, the Vendor will not be held responsible. Under these circumstances, the sale can only be cancelled if the Vendor decides accordingly or if the Buyer exerts its right of withdrawal, under the conditions provided in Chapter 8 of the Terms and Conditions.
5.2.9. The Buyer undertakes to check the correctness of the information supplied by the Vendor in the confirmation message and to inform the Vendor in writing, if such information is incorrect, within maximum 2 days.
5.2.10. The Vendor is entitled to decide anytime the withdrawal of the Product from the Website from sale.
5.2.11. As regards the Products added by the Buyer in the Basket, the Vendor cannot warrant that they will be available at all times.
5.2.12. Since the Terms and Conditions are accepted by the Buyer automatically by placing the Order, the Vendor requests the Buyers to access and carefully consider the information and the clauses in the Terms and Conditions before placing the Orders on the Website, and insofar as the issues are not fully clarified, they should contact professional advisors.
5.2.13. After the Order is placed, the Buyer will no longer be able to cancel the Order, unless it obtains the Vendor’s express consent, in writing, or if the Buyer exerts its right of withdrawal provided under Chapter 8 of the Terms and Conditions.
5.2.14. Placing the Order and the Vendor accepting it gives rise to the obligation incumbent on the Buyer, in the Vendor’s favor, to pay an amount of money representing the selling value of the Products selected and ordered by it, as well as the delivery costs, as the case may be.
5.2.15. The Vendor is entitled to receive and to collect the Price for the Order, upon delivery of the Products, if the Buyer opts for the “cash-on delivery” method. In this case, if the Buyer does not pay the price of the Order, the Vendor is able to refuse the remittance of the Products to the Buyer.
6. Additional information regarding the payment of the Products
6.1. When the Buyer opts for paying the Products by the “cash-on delivery” method, this payment method implies that the Order is paid when the Products are delivered and that the receipt is issued and remitted by the courier company that was in charge with the delivery. For the cash-on delivery payments, the accepted maximum limit of the payment in cash is RON 5,000/ day for a legal entity and RON 10,000 lei /day for a natural person.
6.2. All Orders are paid in RON, with the mandatory taxes and contributions included.
6.3. The Vendor may send the Buyer invoices for the Products by e-mail to the address indicated by the Buyer when registering on the Website or when placing the Order, or even physically, as hardcopy, together with the delivered Products.
6.4. The Vendor is authorized to suspend or to revoke the acceptance of any Orders and/or deliveries, regardless of the status thereof, if the Buyer does not pay or partially pays the due amounts corresponding to the Order, as well as in case of fraud or attempted fraud in connection with the Vendor’s Website, regardless of the Order date.
6.5. For additional information regarding the payment methods described above, the Buyer may contact the Vendor by calling 0738660355 or by sending an e-mail to: email@example.com.
7. Product delivery and return
7.1. The Vendor delivers the Products using courier companies, namely the agents thereof (hereinafter referred to as the “Courier”), in Romania only.
7.2. The Buyer that placed the Order must assume the ordered Products.
7.3. The Products will be delivered to the Buyer at the address indicated by the Buyer when placing the Order.
7.4. When the Order is delivered by the Courier, the Buyer will sign the confirmation of receipt for the Products. In this respect, the proof of the Products being delivered by the Vendor and of them being received by the Buyer or by the person designated by him/her will be based on a confirmation of receipt. If the confirmation of receipt is missing, the delivery of the Products cannot be disputed when the Courier’s computer system proves that the delivery took place.
7.5. The Buyer is bound to accept the ordered Products and may designate someone to pick them up from the Courier. The Buyer will make sure that either himself/herself personally, or the person designated according to the above will be present at the delivery address, when the Products are delivered. In the Buyer’s absence, the Buyer accepts that the Courier will deliver the Products to any person that is present at the delivery address and the Buyer represents by undertaking the Terms and Conditions that the person receiving the Products was empowered by the Buyer in this respect.
7.6. The Buyer must check whether he/she received all Products indicated on the Invoice and whether such products have an intact packaging.
7.7. The delivery costs amount may range between 0 and 10 RON. When placing the Order, the Buyer will be informed of the delivery cost and of the courier company that will provide such service. By placing the Order, the Buyer agrees to pay the cost of delivery.
7.8. For the Orders the value of which exceeds 2000 RON, the delivery of the Products is free of charge.
7.9. When delivering the Products to the Buyer, the risk of losing or deteriorating the Products is transferred to the Buyer.
7.10. If the Courier carries the Products based on the instructions received from the Buyer, not from the Vendor, the risk of losing or deteriorating the Products is transferred to the Buyer upon the delivery of the Products to the Courier designated by the Buyer. This clause does not prejudice the Buyer’s rights to take action against the Courier that was assigned with the delivery for any possible losses or damage of the Products.
7.11. The Buyer must check the status of the Products at the moment of their delivery by the Courier.
7.12. If the Buyer notices that the condition of the Products is nonconformable or certain Products are missing, the Buyer will mandatorily follow the next steps according to the provisions below. If the procedure detailed below is not observed, the possibility to submit any complaint against the Courier or the Vendor is excluded, and the Buyer will not be able to claim repayment of the amounts paid or to claim a new delivery of the ordered Products.
7.13. For additional information regarding the return of the damaged Products, the Buyer may contact the Vendor using the telephone numbers indicated in Chapter 1.
7.14. If the Products are visibly impaired and show significant damage, all this will be declared in the Courier’s presence by the Buyer or by the person designated by the latter for receiving the Products, and the Buyer is able to reasonably refuse the Products and will mandatorily indicate all these aspects on the delivery receipt issued by the Courier. Moreover, the Buyer will immediately inform the Vendor of such defects or objections by sending an e-mail to: firstname.lastname@example.org.
7.15. When any defects or missing Products are found by the Buyer after accepting the Products, he/she will inform the Vendor and will submit a complaint or notice by calling 0738660355 or by sending an e-mail to email@example.com. Any complaint or notice as regards any defects or missing Products must be submitted immediately and in any case no later than 2 business days after delivery. The Vendor must answer the Buyer’s registered complaints within maximum 30 (thirty) days.
7.16. The Vendor will be able to request the necessary information in order to determine the Buyer’s identity and in this respect it will be able to carry out the required verifications including by means of third parties, and the Buyer, the recipient of the Order or the person designated to receive the Products will agree with this.
7.17. Any possible dispute between the Buyer and the Seller will be first settled amicably, and to the extent that such an amicable settlement is not possible, the dispute will be settled by a competent court in Romania. Moreover, these provisions do not leave out the possibility for other competent institutions to interfere.
7.18. The delivery of the Products by Courier generally takes place within approximately 10 business days after the confirmation of the Order. In justified cases, the delivery period may be of maximum 30 business days after the Agreement is concluded. For the Products that are not in the Vendor’s stock, the standard delivery periods are extended by 30 business days, and the Vendor will inform the Buyer accordingly.
7.19. When the delivery periods indicated under article 7.18. are exceeded and this was not caused by an event of force majeure, and the Vendor does not deliver the Products within an additional period agreed with the Buyer or if no such additional period is agreed, although the Buyer informed the Vendor in advance that the delivery period is absolutely essential for him/her, the Buyer is entitled to request the termination of the Agreement.
7.20. In order to exert the right provided under article 7.19., the Buyer must inform the Vendor in this respect, in writing (via e-mail or to the postal address) and will provide at least the following information: order number, invoice number (if sent electronically), the first and last name of the applicant, address, telephone number, e-mail address, product code, product name, quantity, reasons for termination – return, bank account details: IBAN code and bank name.
7.21. Within 7 days after the Buyer informed the Vendor of his/her decision to terminate the Agreement in accordance with articles 7.19 – 7.20. above and returned the Products to the Vendor, the Vendor will repay to the Buyer the amounts paid by the latter.
7.22. When the Buyer did not return the Products in full, as delivered, or when there was no exclusive fault of the Vendor or of the Courier, the Buyer will not be able to claim the repayment of the Price or a new delivery of the Products.
8. Buyer’s right of withdrawal
8.1. Right of withdrawal and legal term
The Buyer has a right of withdrawal and within 14 (fourteen) days after himself/herself or a third party, other than the Courier, as indicated by the Buyer, takes physical possession of the Products, the Buyer may exert this legal right of withdrawal from the Agreement without being necessary to explain such decision, in accordance with Articles 9 –16 of Government Emergency Ordinance no. 34/2014 on consumers’ rights under agreements with professionals.
8.2. Exertion of the right of withdrawal
8.2.1. Immediately, and, in any case, before the expiry of the withdrawal period provided under Article 8.1., the Buyer must expressly inform the Vendor regarding his/her decision to withdraw from the Agreement, using the following contact data: telephone number 0738660355 or e-mail firstname.lastname@example.org.
8.2.2. In order to notify of the exertion of the withdrawal right, the Buyer will use a written and unequivocal statement sent to the Vendor by post or by e-mail, or using the standard form for withdrawal, which is nevertheless not mandatory.
8.3. Exceptions to exerting the right of withdrawal
According to Article 16 of Government Emergency Ordinance no. 34/2014 on consumers’ rights under agreements with professionals, the Buyer’s right to withdraw from the Agreement cannot be exerted under the following cases:
8.3.1 The Products are manufactured based on the specifications presented by the Buyer or are clearly customized at the Buyer’s request;
8.3.2 The Products may be quickly damaged or have a short “expiration/best before” period;
8.3.3 The sealed Products cannot be returned for reasons related to health or hygiene and were unsealed by the Buyer.
8.4. Vendor’s obligations
8.4.1. The Vendor will repay to the Buyer the Price paid by the latter for the Order, except for the costs of delivery, without unjustified delays, within maximum 14 days after the Vendor took possession of all the Products that were returned to the Buyer, and the information on the withdrawal decision was sent to the Vendor within the legal period provided under Article 8.1. The Vendor’s Obligation only covers the case when the returned Products may be subject to the right of withdrawal and are not one of the exempted cases as provided under Article 8.3.
8.4.2. The Price of several Products, in accordance with this Chapter, will be repaid by the Vendor on the date when it receives the last Product returned by the Buyer.
8.4.3. The Buyer expressly consents for the repayment of the Price in accordance herewith to be made only by wire transfer and therefore accepts and undertakes to make available to the Vendor the details of a bank account for the transfer of such amounts. For such wire transfer, the Vendor will not charge the Buyer a fee.
8.4.4. To the extent that a Buyer does not have a bank account, upon its express request, the Price will be repaid to the Buyer by money order, while the costs/fees of such a Price repayment method (money order) will be deducted from the repaid Price.
8.4.5. The Buyer accepts that the Vendor will not be able to repay the Price if the Buyer fails to provide the details of the Buyer’s account and will not hold the Vendor responsible for any delays caused by the failure to provide such payment details.
8.5. Buyer’s obligations
8.5.1. If the Buyer exerted its right of withdrawal, he/she must return the Products to the Vendor without unjustified delay and, under any circumstance, within maximum 14 days after informing the Vendor of its decision to exert the right of withdrawal.
8.5.2. The Products will be returned to the Vendor in their original packaging, in a perfect and impeccable condition without having been used or tested, with the original seal and packaging, so that the Products can be sold again. The Products will necessarily be returned with all accessories, free samples/gifts, promotions, in the original packaging together with the instructions for use, if any.
8.5.3. The Products will be returned by the Buyer using the return form, to the Vendor, to the following address: Intrarea Medic Col. Stoenescu nr. 5, Sector 5, cod 050457, Bucharest, Romania. The Buyer will be responsible if there is a decrease in the Products value as a result of handling, other than as necessary for determining the nature, quality and functioning of the Products.
8.5.4. The Products will be returned by methods that ensure the confirmation of receipt. All the risks related to the return of the Products will be borne by the Buyer.
8.5.5. The expenses incurred for the Products return will be borne by the Buyer, in accordance with Article 14 paragraph (2) of Government Emergency Ordinance no. 34/2014 on consumers’ rights under agreements with professionals. Under exceptional circumstances, when there is a mismatch between the delivered Products and the Products ordered by the Buyer, the return costs will be paid by the Vendor.
8.5.6. If the Buyer benefited from a special offer on the Vendor’s Website, which offered him/her the advantage of purchasing one or several Products under certain conditions or to benefit from various promotions, including but not limited to samples, by exerting the right of withdrawal the Vendor and the Buyer will be restored to their status prior to making the Order, and the offer or the promotions received under these conditions will no longer apply.
9. Product warranties
9.1. Legal warranty
9.1.1. According to Law 449/2003 on products sale and the related warranties, all Products sold by the Vendor on the Website benefit from a legal warranty of conformity, and the Buyer is able to return the Products delivered by the Vendor, which are incompliant or defective when delivered.
9.1.2 When the Products are not compliant, the Buyer is entitled to request the Vendor to replace them. The Buyer will exert this right free of charge, unless the measure is impossible (e.g. the Product cannot be replaced because an identical product is no longer on the Vendor’s stock and is not available with the Vendor’s supplier) or disproportionate (e.g. the replacement is disproportionate if the Buyer considers that a minor deterioration of the Product packaging – a slightly torn joint of the protection foil or of the box in which the Product is placed or of the Product interior packaging would justify the replacement).
9.1.3 If the Product cannot be replaced for reasons not imputable to the Buyer, the latter is entitled to have the Price repaid, without being required to address a new request in this respect.
9.1.4 If when the Agreement is concluded the Buyer was aware or should have been reasonably aware of the lack of compliance or if the lack of compliance originates in the materials/specifications provided by the Buyer in the case of the Products that were customized at the Buyer’s request, the Vendor and the Buyer agree that the Products are compliant, and the Buyer will not have any claim against the Vendor.
9.1.5 The Buyer may refer to the Vendor via e-mail, at email@example.com, for all claims regarding the legal warranty.
9.2 Exceptions from the legal warranty
9.2.2 The Products that were altered, repaired, incorporated or added by the Buyer are exempted from this warranty.
9.2.3 The warranty will not cover the Products damaged as a result of accidents, of failing to observe the instructions for use or during transportation by the Buyer. Moreover, the legal warranty does not cover the visible defects of the Products and which could be noticed at the moment of delivery.
10.1 The Buyer accepts that all elements of the Vendor’s Website, all content information and materials thereof, the trademarks used on the Website, as well as any other messages, images, videos, code structure, buttons, graphic and design elements, selection and use criteria of the Website are protected by intellectual property rights in favor of the Vendor. Using the Website does not imply that the Vendor grants the Buyer any intellectual property rights over the Website or any content thereof.
10.2 The Buyer shall not reproduce, convert, modify, disassemble, distribute, lease, rent or make available, by any form of public communication, any of the elements indicated under point 10.3., shall not allow public access to any of these elements, shall not exploit, in any way, either directly or indirectly, the materials, elements and information obtained through the Website, unless expressly authorized by the Vendor.
10.3 The information related to the Products and services presented on the Website will be considered by the Buyer subject to any misspelling that may arise by mistake. Moreover, the prices, the Product information and the images may contain errors or mismatches other than those resulting from misspelling.
10.4 The Buyer is entitled to inform the National Authority for Consumer Protection in connection with any act that in its opinion affects its protected rights.
10.5 Any possible dispute between the Buyer and the Vendor will be first settled amicably and insofar such a settlement is not possible, the litigation will be settled by the competent courts in Romania. Moreover, these provisions do not leave out the possibility for other competent institutions to intervene.
10.6 Considering the provisions of Government Ordinance no. 38/2015 on an alternative settlement of disputes between consumers and traders, the Buyer may voluntarily submit complaints against the Vendor to the entities that apply alternative dispute settlement proceedings in an independent, unbiased, transparent, effective, expedite and equitable manner, in order to make sure that consumers are highly protected and that the market operates properly.
10.7 Any notifications, complaints, or suggestions in connection with the Products, the Orders, the Website, as well as in connection with other matters that the Vendor could be held liable for shall be sent to firstname.lastname@example.org.
10.8 Please download the Vendor’s Terms and Conditions here: https://www.rosamundiperfumery.com/termeni-si-conditii/