Online store – Terms and Conditions

1. Terms and Conditions of Use
2. Products, Prices and Associated Services
3. Online Sale Policy
4. Online Order and Contract
5. Means of Payment
6. Product Delivery
7. Return Policy
8. Confidentiality of Personal Data
9. Other provisions

 

1. Terms and Conditions of Use

This website is administered by SC ROH TEXTILE MANUFACTURES SRL (hereinafter called also the Company), with registered office in Buftea, 53A Mihai Eminescu St., Ilfov County, having fiscal registration code RO14358220, registered at the Trade Register Office under no. J23/1046/2001, e-mail contact@rohboutique.ro

On this website, ROHBOUTIQUE publishes its full and correct identification and contact data to be used by Clients or Users.

By using the contact form presented on the website, the Client allows RohBoutique to contact him/her by any means available, including electronic means. Partial or full fill-in of the contact form and its sending does not represent any sort of commitment on behalf of RohBoutique to contact the user. RohBoutique reserves the right not to answer all requests of any nature, received by any means of communication.

In the present document, the following terms shall have, if not otherwise inferred from the context, the meanings below:

USER: means the individual accessing the website, for private or professional purposes and who has agreed to the Conditions of Use for this website, having fulfilled all requirements in the registration process.

CLIENT: means the individual accessing the website, for private or professional purposes and who has agreed to the Conditions of Use for this website, having fulfilled all requirements in the registration process, that initiates and places an order.

ORDER: means an electronic document, generated following a Client’s access to the website, which intervenes as a form of communication between RohBoutique and the Client.

CONTRACT: a contract concluded between a professional and a consumer within an organized distance system for sale or service provision without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or several means of distance communication, up to and including the moment when a contract is concluded. The contract is perfected upon RohBoutique’s order acknowledgement, by which the Company agrees to deliver the ordered products to the Client.

The following Terms and Conditions have been drawn up in full conformity with provisions in Directive 2011/44/EC of the European Parliament and of the Council of 25 October 2011 on consumer rights, transposed in domestic law by G.E.O. no. 34/2014, published in O.J. no. 427 – 11.06.2014.

The following Terms and Conditions have been drawn up in full conformity with European provisions on certain legal aspects of information society services, in particular electronic commerce, in the internal market (Directive no. 2000/31/EC of the European Parliament on electronic commerce).

The present Terms and Conditions meet the requirements enforced by provisions in art. 20 of Directive no. 2006/123/EC of the European Parliament and of the Council on services in the internal market and do not contain discriminatory conditions pertaining to citizenship or nationality or place of residence or a Client’s registered office.

These Terms and Conditions are deemed to establish a set of minimum applicable provisions; system usage is subject in law to provisions of European regulations on consumer protection as regards consumer rights stemming from distance and off-premises contracts, in order to contribute to a higher degree of consumer protection and to a better operation of trader-consumer relationships that take place in the European area.

The Terms and Conditions of Use can be amended at any time by updating this website and such amendments shall become mandatory and with immediate effect for all Users/Clients.

By accessing the website, Users grant their consent to observe the Terms and Conditions hereinafter presented, as well as applicable laws.

2. Products, Prices and Associated Services

A. Pursuant to art. 6 letter a) in Directive no. 2011/83/EU of the European Parliament and of the Council on the obligation to inform the Client, RohBoutique binds itself to provide the Client with information pertaining to main features of goods in a clear and comprehensible manner, corresponding to the means of communication and to goods in question.

RohBoutique shall make efforts to present product colours, sizes, dimensions and descriptions with a maximum accuracy. However, taking into account possible errors, the Company points out that there is a possibility for discrepancies within data provided for a product. Moreover, as regards colours displayed on screens, there can be slight differences as to real colours of products.

For reasons of space and coherence of the information structure, sometimes product description can be incomplete but, upon a Client’s request, the Company shall make efforts to provide the most relevant data.

All information used to describe products/services available on the website (texts, static/dynamic images, multimedia presentations etc.) do not establish a contractual obligation on behalf of RohBoutique, as they are posted for presentation purposes only.

In a product/service description, RohBoutique reserves the right to use other products (accessories) that may not be included in the price of products in question.

Pursuant to art. 6 letter c) in Directive 2000/31/CE of the European Parliament and of the Council on electronic commerce, promotional offers, such as price discounts, premiums and gifts shall be presented clearly and unequivocally within the website content, and conditions to be met in order to benefit from them shall be presented clearly and unambiguously, for easy access of users.

Promotions and offers presented on the website are valid only within the limit of available stock. The stock of products posted on the website differs from one hour to the other depending on the number of orders.

For well-founded reasons, RohBoutique can limit the purchase capacity of one or several Clients for certain products or services that are available on the website at a given time.

B. Pursuant to art. 6 letter e) din Directive no. 2011/83/EU of the European Parliament and of the Council on the obligation to inform the Client, RohBoutique binds itself to inform users via the present website or upon an express request from a Client, on the total price inclusive of taxes for any of the goods available and if the price cannot be calculated beforehand, the present website shall clearly specify who is to bear the payment of additional charges.

RohBoutique itself sets prices for products and special offers that exist in the online store, and it can change them at any time without a prior notification to users; changes are brought to the attention of users via the present website. Changes in price that occur after placing an order and before delivery of such a product shall not apply for Clients in question pertaining to already placed orders.

The purchase price for promotional products/services is the price existing when an order is placed, within the limit of available stock and/or a promotional period, if such a period is defined. It cannot be changed after the order is placed, even if the promotional offer has expired before product delivery and before the contract is performed.

VAT amounts associated with every product/service is fully borne by RohBoutique.

The equivalent value of additional fees as compared to the final amount payable that was recorded on the website shall be conveyed to a Client via an order acknowledgement e-mail and it must be expressly accepted by the consumer in accordance with stipulations of art. 22 in Directive no. 2011/83/EU of the European Parliament and of the Council.

3. Online Sale Policy

Access to services provided by the present website is allowed to any user that has an account or creates an account. In order to be allowed to login, a User will have to accept the provisions in Terms and Conditions.

RohBoutique can limit the access of certain Clients depending on their behaviour and the manner of website usage they had before.

Account sharing among several Clients is forbidden and in this case RohBoutique reserves the right to cancel or suspend such a Client’s access to website content or website services.

4. Online Order and Contract

A. A Client can place orders for products traded at a given time, exclusively on the website or via the telephone, and no minimum order value is imposed in this respect.

To order a product found on the website, after the careful selection of a desired product, the user shall click on the "ADD TO CART" button and then he/she will follow the described steps for login/registration as a Client.

After registration, which can be possible only by accepting the Terms and Conditions, the Client will visualize the final order, the total price and Client data for confirmation, a screen where there is the possibility to add his/her observations on the order.

Having verified the aforesaid data, the Client will press the "PLACE ORDER" button, he/she will make the payment and, from that moment on, the order shall be deemed as valid. By placing an order, the Client grants his/her consent that all data provided and necessary in the purchasing and payment process are correct, full and adequate on the date such order is placed.

Orders can also be placed via the telephone, on condition that Users/Clients in question are assisted via the telephone by a RohBoutique representative. Terms and Conditions mentioned on this website apply for telephone orders as well.

RohBoutique can automatically cancel an order placed by a Client, with no subsequent obligation for either party, under the following conditions:

• Data provided by the Client are incomplete or incorrect,
• A Client’s activity on the website can cause damages of any nature to the Company or its partners.

By launching an order on the website, the Client agrees to being contacted by RohBoutique, through the means of communication (by telephone or e-mail) which the Company uses to conduct its website operations.

After placing an order, the Client shall receive from RohBoutique an e-mail for order confirmation and acceptance, which shall meet the conditions enforced under art. 6 in Directive no. 2011/83/EU of the European Parliament and of the Council on the obligation to inform the Client, and art. 10 par. 1 in Directive 2000/31/EC of the European Parliament and of the Council on electronic commerce, as regards sending the Client information on the means of purchasing ordered goods, of which:

• trader identity and trader contact data,
• main characteristics of the product,
• total retail price of the product,
• means of payment, delivery, performance, delivery date and payment date,
• conditions, time limits and procedures to exert the right of withdrawal, as provided in stipulations of Directive no.2011/83/EU of the European Parliament and of the Council,
• availability period of the offer, of the price, if applicable,
• other observations pertaining to Client obligations, if applicable.

B. Pursuant to stipulations in art. 8 par. 9 of G.E.O. 34/2014 that transposes Directive no. 2011/83/EU of the European Parliament and of the Council, an oder placed, acknowledged and accepted by RohBoutique is construed to be a contract concluded between the Client and RohBoutique, that must be performed by both parties.

Thus, a CONTRACT is concluded when our company confirms, via an e-mail, to have accepted an order sent by the user. At any moment, RohBoutigue does not consider an order that was not confirmed and was not accepted as having the value and befitting the legal treatment of a contract.

The present Terms and Conditions have the value of clauses in the contract concluded between parties. To these clauses, the following shall add, pertaining to:

Object of Contract

The object of the contract is sold goods/products in exchange for which the Client shall pay the price set on the website, as serious and determined.

Obligations of Parties

With the present Contract, RohBoutigue binds itself to deliver the ordered products and services, and the Client binds himself/herself to pay the equivalent value for the order. Additional obligations of the Client shall be conveyed via the acknowledgement e-mail, if applicable.

Client’s right to withdraw

Pursuant to art. 9 par. 1 in Directive no. 2011/83/EU of the European Parliament and of the Council, the consumer is granted 14 days to withdraw from a distance contract, without the need to justify such a decision and without incurring any additional costs as to those mentioned in chapter 7 on the product return procedure.

The 14 days term provided for exerting this right runs from the date when the Client receives the goods, if all legal provisions pertaining to sending information on a Client’s right of withdrawal have been met.

If RohBoutigue has omitted to convey the aforesaid information to the Client, the withdrawal period expires 12 months after the end of the initial withdrawal period.

If during these 12 months, information pertaining to the right of withdrawal is provided to the consumer, the term of 14 working days granted to exert the right of withdrawal starts running from that moment on.

5. Means of Payment

Payment against products shall be made after the Client places an order, it shall be made in full and online, via the secured payment system made available on RohBoutigue website.

The final amount payable shall include the product price, the associated VAT and the equivalent value of additional transportation fees.

By entering data for his/her personal electronic payment instrument in the secured payment system, the Client expressly declares his/her consent regarding the intention to pay the costs for ordered products, including associated additional fees.

After payment, the Company shall accept the order placed by the Client with sending the information e-mail and ordered products shall be moved to delivery, together with an invoice issued by RohBoutigue pursuant to stipulations in art. 155 in the Fiscal Code.

The invoice shall include: product price, VAT value and equivalent value of fees charged for the delivery of ordered products, if applicable.

In his/her capacity as holder of the electronic payment instrument, the Client has the obligation to use such an instrument in accordance with legal stipulations and to warrant that it is real and authentic. Fraudulent use of an electronic payment instrument is an offence and it is punishable pursuant to the law.

The Company clearly displays on the website brands of instruments accepted for payment via the secured system.

The Company shall be discharged from risks and liabilities associated with ordered products and services the moment they are handed over to the Client / the Client’s representative.

Pursuant to stipulations in Directive no. 2007/64/EC of the European Parliament and of the Council on payment services in the internal market, as regards the present payment service, the Company and the Client hold the capacity of payment service users.

Thus, the Company is not liable for a failure on behalf of the payment institution to perform its obligations or for problems arising due to a fault thereof. For failure to perform obligations provided in stipulations of Directive no. 2007/64/CE of the European Parliament and of the Council on payment services in the internal market, the payment institution shall be liable before the Client, and not the Company.

To buy our online products you have to following 3 steps:

1. Select the product you wish to purchase and press the link "Buy now".

2. Fill in your personal data

This information is necessary so the order you placed may be processed correctly and efficiently. You can insert your personal data by using a SSL 128 byte cripted connection. You can find more information under "How safe is it for me to pay online?" The personal information is not transferred to third parties, neither by RohBoutique nor by PayU. Make sure you fill in the form correctly and indicate the persons to be invoiced and to whom the delivery shall be made. The e-mail address is extremely important as the information about the order and the ordered products shall be sent via e-mail. An incorrect e-mail address slows down the entire process of ordering the product. More over, RohBoutique and PayU shall not be able to contact and inform you on the progress of your order.

If the delivery address differs from the address to which the invoice has been sent, indicate this by choosing the menu at the end of the form. Choose whatever payment method you wish and confirm the data choosing "The next step".

3. Fill in the data on the debit/credit card:

If you’ve chosen the payment method "Credit/debit card", you must fill in a form with information on your card. For payments with credit/debit cards issued under the symbols Visa and MasterCard (Visa/Visa Electron and MasterCard/Maestro) the system "3-D Secure” is used, which was elaborated by the organization that provide on-line transactions with the same security level as those made through an ATM or physical transactions."3-D Secure makes sure first that no information regarding your card is not transferred or stored, at any time, on our servers or on the PayU servers, as this data is inserted directly into the Visa and MasterCard systems. Moreover, "3-D Secure" is an authentication system of the identity of electronic card holders. The authentication of the card holder is made on the basis of the security code, which is known only by the holder and it takes place only on Visa or MasterCards servers, as the case may be. The "3-D Secure” system allows online shopping with any card issued under a Visa or MasterCard license, including the debit and electronic Maestro and Visa Electron Cards. The virtual cards issued by these organizations are also accepted.

If the transaction through the card has been achieved, the following screen gives you thanks for the order you placed on our site and provides you with relevant information on your order. You shall also receive this information via e-mail.

6. Product delivery

Delivery of products ordered by the Client shall be made via business partners of RohBoutigue.

Pursuant to art. 18 in Directive no. 2011/83/EU of the European Parliament and of the Council, the Company undertakes to contact and send the ordered goods to the carrier without undue delay. The Company will convey the goods to the carrier in such a manner so as to ensure that delivery shall not exceed 30 days since contract conclusion, but it shall not be held responsible for causes of delay that are not under its control.

If the Company does not fulfill its obligation to deliver the within the aforesaid time frame, the Client has the obligation to solicit delivery within an additional time interval, according to circumstances. If the Company does not deliver the goods within the additional time interval, the Client has the right to terminate the contract.

Costs generated by product delivery shall be borne either by the Client, or by RohBoutigue, depending on order value, as set forth under letter C point 2 in the present Terms and Conditions.

The Company shall provide adequate packaging of products and it shall ensure their conveyance to the Client under optimal conditions, but RohBoutigue shall not be liable for the destruction, damage or loss occurred during transportation to the addressee, which fall with the carrier.

7. Return Policy

1. Product return in case the Client exerts his/her right of withdrawal

According to laws in force, return of ordered products is possible within 14 working days after the receipt date of a placed order, without incurring any penalties and without the obligation to give a reason.

In order to return a product, it is mandatory that the Client notifies RohBoutigue on his/her decision to withdraw from the contract and to return ordered products before the 14 days period expires.

The notification shall be given either by using the withdrawal form made available on the Company’s website, or by drawing up an unambiguous statement on the decision to withdraw and sending it to the e-mail address contact@rohboutique.ro.

After expressing a decision to withdraw, the consumer has the obligation to return the goods without undue delay and within a maximum of 14 days after the date when his/her decision to withdraw from the contract was conveyed to the Company. The deadline shall be construed as observed only if goods are sent back by the consumer before the 14 days period expires, otherwise RohBoutigue shall deem the request as ill-founded/invalid.

The return package shall be sent to the Company’s postal address at Romania, Ilfov, Buftea, Str. Mihai Eminescu, No.53A, Postal code: 070000

Returns are your responsibility as we do not offer a pre-payd returns service.

Purchased goods shall be returned in their original package and with labels intact, together with a copy of the invoice.

The Client is liable as regards value loss caused by the handling of goods, other than those necessary in determining the nature, the characteristics and the operation of goods.

Pursuant to art. 14 in Directive no. 2011/83/EU of the European Parliament and of the Council, costs related to goods return shall be borne by the Client.

If RohBoutigue cannot replace a product, in case the Client has ordered the wrong size, the Company shall be able to offer the Client another product, of the same quality and value, but only with the Client’s agreement and at the latter’s expense. Otherwise, the Company undertakes to reimburse all the amounts of money received on behalf of the Client as payment against the product price. Reimbursed amounts do not include transportation costs for delivery and return, which are borne by the Client.

Reimbursement of product price shall take place on the date when goods that made the object of sale are received, as returned to the Company, and such payment shall be made using the same means of payment as those used by the consumer in the initial transaction, except when the Client agrees to a different means of payment and on condition the consumer would not pay fees upon reimbursement.

The Company is not bound to reimburse costs generated by the Client’s exerting his/her right of withdrawal, irrespective of the manner for product reimbursement the Client opts for.

Exertion of the right to withdrawal brings along the cessation of contractual obligations to perform the Contract or to enter a new contract, in case the consumer places an order.

2. Product return in case they are nonconforming to specifications posted on the website, they are identified as flawed or they present other inconsistencies due to a Company fault.

In the case when, upon reception of ordered goods, the Client finds they do not correspond to specifications posted on the website, they have manufacturing defects or other inconsistencies as to what was requested, he/she must notify th Company in writing for the replacement of such an ordered product.

Time limits, notification and return procedures are those provided under letter A, chapter 7 in the present Terms and Conditions.

If, when receiving a returned product, the Company finds the delivered product was not as per what presented on the website or it has defects, such a product shall be replaced with another, at the Company’s expense.

Transportation costs for the return shipment of nonconforming products shall be fully borne by the Company, but without coverage of transportation costs for the initial delivery, which remain the Client’s burden.

Nonconforming goods are deemed to be those goods that do not correspond to orders placed correctly by a Client, exclusively due to a Company’s fault. Only in relation to such goods will the Company bear the expenses generated by a product return.

Cases when a Client places an erroneous order (product size, colour, type etc.) do not fall under this section, and in such cases stipulations under letter A art. 7, pertaining to return fees being borne by the Client, shall apply.

8. Confidentiality of Personal Data

By accepting the present Terms and Conditions, the Client expressly grants his/her consent as regards the collection of personal data by the Company.

RohBoutigue commits to strictly observe stipulations in Directive no. 95/46/EC of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and it undertakes not to transmit personal data of Clients to third parties, except the courier service company responsible with order delivery and except the payment institution that administers the website secured payment system.

Thus, the Company undertakes that personal data shall be processed in a fair and legal manner, for determined, explicit and legitimate purposes, and that such data shall not be subsequently processed in a manner that is not compatible with these purposes.

The Company undertakes that requested data shall be relevant and not excessive as regards the purposes for which they are collected and subsequently processed and that they shall be kept in a form that allows the identification of individuals for a period no longer than it is necessary to attain the purpose of their collection or of their subsequent processing.

Data requested on this website are: name, last name, telephone number, domicile and e-mail address. When an order is placed, additional data are requested: delivery address and invoicing address, data pertaining to the Client’s payment instrument and other necessary data.

RohBoutigue shall be able to use collected personal data only for the declared purpose of this website, which is to send order confirmations and deliveries to users.

9. Other stipulations

The website and all its elements (Web graphics, texts, programs etc.) are protected by Law no. 8/1996 on copyright and related rights. Usage, without our consent, of any element included on this website is punishable according to laws in force.

These Terms and Conditions are the entire agreement between RohBoutigue and Users/Clients in relation to the latter using our website and it supersedes any prior understandings or agreements (verbal or written) pertaining to Client’s usage of our website.

1. Applicable law

By accepting the present Terms and Conditions, parties concur that the law applicable to legal relationships arising in relation to services provided by the Company via the present website is the Romanian law.

Pursuant to stipulations in art. 3 of Law no. 365/2002 on electronic commerce, the present law is applicable to service providers established in Romania and to services they provide; legal relationships arising in relation to the Company’s services are subject to stipulations in force of Romanian laws that are part of the co-ordinated legislation, when offered by service providers established in Romania.

2. Dispute settlement

Disputes that may arise between RohBoutigue and Clients shall be settled amiably.

If an amiable settlement is impossible, disputes shall be forwarded to Romanian courts of law holding juridical jurisdiction pursuant to stipulations in the Code of Civil Procedure, and to Romanian courts of law holding territorial jurisdiction over the Company’s registered office.