Terms and conditions
This
document, through its content, makes available to third-party users the
regulation regarding the terms and conditions of use of the MAMA OF PEARLS website
(www.mamaofpearls.shop).
The website www.mamaofpearls.shop is operated by MAMA OF PEARLS.SHOP S.R.L., a Romanian legal entity, registered with the National Trade Register Office under no. J2025099154001, having European Unique Identifier (EUID) ROONRCJ2025099154001, Fiscal Code (CUI) 53154418, with registered office in Bucharest, Sector 3, Bd. Regina Elisabeta no. 7–9, Room 12, Floor 2, Romania.
The
administrator of the MAMA OF PEARLS website (www.mamaofpearls.shop) reserves the right to
modify the content of this agreement at any time, without prior notification to
the people who use it, hereinafter referred to as "users". Users will
have permanent access to the terms and conditions of use of the services, to be
able to consult them at any time.
The
general terms and conditions will apply to all sales of goods and services made
by MAMA OF PEARLS, through the online store www.mamaofpearls.shop, to users.
We
recommend that you carefully read all the terms and conditions before placing
any order on the online store www.mamaofpearls.shop.
1. Definitions
Buyer: the
natural or legal person who places an order on the website www.mamaofpearls.shop.
Seller: MAMA OF PEARLS.SHOP S.R.L., with registered office in Bucharest, Sector 3, Bd. Regina Elisabeta no. 7–9, Room 12, Floor 2, Romania, registered with the National Trade Register Office under no. J2025099154001, Fiscal Code (CUI) 53154418.
Goods: any
product to be supplied by the Seller to the Buyer.
Order: an
electronic document that acts as a form of communication between the Seller and
the Buyer by which the Seller agrees to deliver the Goods, and the Buyer agrees
to receive these Goods and pay for them.
Contract:
Order confirmed by the Seller.
Specifications:
all Specifications and/or descriptions of the Goods as set out in the Order.
Website:
the online store hosted at the web address www.mamaofpearls.shop and its subdomains.
User: any
natural person who is over 18 years of age or legal entity registered on the
Site, who, by completing the process of creating a personal account, has given
his consent to the specific clauses of the site.
Content:
– All
information on the Site that can be visited, viewed or otherwise accessed using
an electronic device;
– Any
email sent to Buyers by the Seller by electronic means and/or any other
available means of communication;
– Any
information communicated by any means by an employee/collaborator of the Seller
to the Buyer, according to the means of communication, specified or not by the
Seller;
–
Information related to the Goods and/or Services and/or rates charged by the
Seller in a certain period;
–
Information related to the Goods and/or Services and/or rates charged by a
third party with whom the Seller has concluded partnership contracts, in a
certain period;
– Data
related to the Seller, or other privileged data of him.
2. Contract documents
2.1 By
registering an Order on the Site, the Buyer agrees to the form of communication
(telephone or email) through which the Seller conducts its commercial
operations.
2.2 The
notification received by the Buyer after placing the Order is informative and
does not represent acceptance of the Order. This notification is made electronically
(email) or by phone.
2.3 For
justified reasons, the Seller reserves the right to change the quantity of
Goods and/or Services in the Order. If he changes the quantity of Goods and/or
Services in the Order, the Seller will notify the Buyer in advance at the email
address or phone number provided to the Seller when placing the Order and will
return, in whole or in part, depending on the situation, the amount paid.
2.4 The
contract is considered concluded between the Seller and the Buyer when the Buyer
receives from the Seller, via email and/or SMS, the notification of dispatch of
the Order.
3. Online sales policy
3.1 Access
to place an Order is allowed to any User/Buyer.
3.2
Communication with the Seller can be done through direct interaction with him
or through the addresses mentioned in the "contact" section of the
Website. The seller has the freedom to manage the information received without
having to provide justifications for it.
3.3 The
Seller may publish on the Site information about Goods and/or Services and/or
promotions practiced by him or by any other third party with whom the Seller
has concluded partnership contracts, within a certain period of time and within
the limit of available stock.
3.4 All
rates related to the Goods and/or Services presented on the Site are expressed in Lei
(RON). The seller is not a VAT payer.
3.5 In the
case of online payments, the Seller is not/cannot be held responsible for any
other additional costs borne by the Buyer, including but not limited to
currency conversion fees applied by the card issuing bank, if the currency of
its issuance differs from RON. Responsibility for these costs lies solely with
the Buyer.
3.6 All
information used to describe the Goods and/or Services available on the Site
(static / dynamic images / multimedia presentations / etc.) do not represent a
contractual obligation on the part of the Seller, they are used exclusively for
presentation purposes.
4. Subcontracting
4.1 The
Seller may subcontract to a third party for Services related to the fulfillment
of the Order, with the Buyer's information, without his consent being
necessary. The Seller shall always be liable to the Buyer for all contractual
obligations.
5. Intellectual property right
5.1 The
content, as defined in the preamble, including but not limited to logos,
stylized representations, commercial symbols, static images, dynamic images,
text and/or multimedia content presented on the Site, are the exclusive
property of the Seller, being All rights obtained in this regard directly or indirectly
(through licenses for use and/or publication) are reserved.
5.2 The
Customer/Buyer/User is not permitted to copy, distribute, publish, transfer to
third parties, modify and/or otherwise alter, use, display, include any Content
in any context other than the original intended by the Seller, include any
Content in outside the Site, removing the signs signifying the Seller's
copyright on the Content, as well as participating in the transfer, sale,
distribution of materials made by reproducing, modifying or displaying the
Content, except with the Seller's express written consent.
5.3 Any
Content to which the Customer/Buyer/User has and/or obtains access by any means
is subject to the Document, if the Content is not accompanied by a specific and
valid usage agreement concluded between the Seller and it, and without no
implied or express warranty on the part of the Seller with respect to that
Content.
5.4 The
Customer/Purchaser/User may copy, transfer and/or use the Content only for
personal or non-commercial purposes, only if they do not conflict with the
provisions of the Document.
5.5 if the
Seller gives the Customer/Buyer/User the right to use, in the form described in
a separate user agreement, certain content to which the Customer/Buyer/User has
or obtains access following this agreement, this right shall extends only to
that or those contents defined in the agreement, only during the existence of
this or 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 on the part of the Seller for the respective Customer
/Buyer/User or any other third party who has or obtains access to this
transferred content by any means and who may be or is harmed in any way by this
content, during or after the expiration of the user agreement.
5.6 No
Content transmitted to the Client/User/Buyer, by any means of communication
(electronic, telephone, etc.) or acquired by him by accessing, visiting and/or
viewing, does not constitute a contractual obligation on the part of the Seller
and/or the Seller's employee who brokered the transfer of Content, if any,
against that content.
5.7 Any
use of the Content for purposes other than those expressly permitted by this
Document or the accompanying user agreement, if any, is prohibited.
6. Order
6.1 The
Customer/Buyer can place Orders on the Site by adding the desired Goods and/or
Services to the shopping cart, then complete the Order by making payment
through one of the methods indicated. Once added to the shopping cart, a Good
and/or Service is available for purchase to the extent that stock is available
for it. Adding a Good/Service to the shopping cart, in the absence of
completing the Order, does not entail the registration of the respective order,
implicitly neither the automatic reservation of the Good/Service.
6.2 By
completing the Order, the Buyer agrees that all the data provided by him,
necessary for the purchase, are correct, complete and true at the date of
placing the Order.
6.3 By
completing the Order, the Buyer agrees that the Seller may contact him, by any
available means il/agreed by the Seller, in any situation where it is necessary
to contact the Buyer.
6.4 The
Seller may cancel the Order placed by the Buyer upon prior notice to the Buyer,
without any subsequent obligation of either party to the other and without any
party being able to claim damages from the other, in the following cases:
6.4.1 The
data provided by the Buyer is incomplete and/or incorrect.
6.5 The
Buyer has the right to withdraw from the Contract, respectively return a Good
or refuse a Service, within 14 calendar days bearing the delivery costs. Thus,
according to GEO no. 34/2014, the period for returning a Good or giving up a
Service expires within 14 days from:
6.5.1 The
day the Buyer takes physical possession of the last Good - if the Buyer orders
multiple products in one order that will be delivered separately;
6.5.2 The day on which the Buyer takes physical possession of the last Good - in the case of delivery of a product consisting of several lots or pieces.
6.6 If the
Buyer decides to withdraw from the Contract, he will be able to do so by
contacting the Seller using one of the means provided by him and filling out
the return form.
6.7 If the
Buyer requests withdrawal from the Contract within the legal withdrawal period,
he must also return the original packaging together with the documents that
accompanied the respective product. The Seller will refund the amount within a
maximum of 10 (ten) working days from the date of receipt of the Good by the
Buyer upon his decision to withdraw from the Contract. The amount will be
returned by bank transfer to the account indicated by the Buyer in the return
form.
6.8 If the
Good is returned in a damaged state (used packaging, missing documents), the
Good is considered damaged and the Seller has the right to request an
additional fee for returning the Good to its original state. Delivery costs are
always borne by the Buyer.
7. Data Privacy
7.1. The
Seller shall maintain the confidentiality of information of any nature that the
User/Buyer provides. The disclosure of the information provided will only be
possible under the conditions mentioned in this Document. The data requested on
this Site are: name, first name, phone number, address (domicile/residence),
email, company name, company identification data, registered office address,
delivery addresses.
7.2. No
public statement, promotion, press release or any other form of disclosure to
third parties shall be made by the Buyer regarding the Order/Contract without
the prior written consent of the Seller.
In
accordance with the provisions of the General Data Protection Regulation (EU)
no. 679/ 2016 (Regulation or "GDPR"), regarding the protection of
natural persons with regard to the processing of personal data and the free
movement of such data, we process personal data for legitimate purposes of
advertising, marketing and publicity.
7.3. The
processing of personal data is carried out in compliance with legal
requirements and under conditions that ensure security, confidentiality,
integrity, availability, transparency and respect for the rights of the persons
concerned.
7.4. Users
have guaranteed the right to information and access to the data being
processed, the right to rectification, the right to restrict and the right to
delete data, the right to data portability and the right not to be subject to
an individual decision to process personal data. At the same time, users have
the right to address the National Authority for the Supervision of Personal
Data Processing.
7.5. By submitting information or materials through this Site, you grant the Seller limited, lawful, and revocable access to, the right to use,
reproduce, display, modify, transmit and distribute such materials or information, in accordance with Regulation (EU) 679/2016 (GDPR). You also agree that the Seller may freely use, for its own benefit, such information, ideas, concepts, know-how or techniques that you have submitted to them through the Site.
7.6. The
seller does not transfer personal data, except for the situations expressly
provided by law, and stores the personal data for the period necessary to
achieve the purposes for which they were collected, respectively for compliance
with the legal provisions in force. It uses security methods and technologies,
together with policies applied to employees and work procedures, including
control, to protect the personal data collected according to the legal
provisions in force, ensuring an appropriate level of security to reduce and
eliminate risks that may affect personal data processed and to maintain the
ability to ensure confidentiality, integrity, availability of processing
systems and services.
7.8. The
breach of data security will be communicated within the terms established by
the Document, without undue delay, to all parties involved as indicated by the
Document.
7.9. If he
registers as a user and creates an account on the Website www.mamaofpearls.shop, the
User is directly responsible for the validity of the data he registers on the
Website, as well as for keeping secret the access password to his created
account on www.mamaofpearls.shop, the User is directly responsible for the personal
data entered and processed on the Site, the Seller having no control and no way
to verify the veracity of the data entered. In both situations, as a simple
user who has accepted by completing the contact form to receive newsletters and
other commercial messages, as in the case of creating a user account on the
Site, which he manages himself and uses with an ID and password, The User
expressly agrees that his personal data will be recorded in the Seller's
database and kept for the period necessary for the purpose for which the
personal data was communicated or until the User requests otherwise in writing.
The Seller has the right to remove a user from the database at any time or to
close the account created by a user on www.mamaofpearls.shop without prior notice to
the User.
7.10. The
User has the right to use his personal data as he wishes on the Site and is
directly and solely responsible for the case where he gives access to third
parties to his account, in this case the Seller is not in any way responsible
for the security and confidentiality of personal data. In this case, the Seller
assumes no responsibility for any consequences that may arise.
7.11. The
user has the right to request changes to his personal data in the database, as
well as to request the complete removal of data from the database. For this to
be possible, the User has the obligation to send an email to the address
mama.of.pearls.srl@gmail.com regarding the changes he wishes regarding his personal
data. The Seller undertakes not to make the User's email address public and not
to transmit it to third parties, unless otherwise required by law.
7.12. In
the event that the User chooses, knowingly or by mistake/ignorance, to publish
his own data, making it public and making it available to third parties, the
full responsibility rests with the User, the Seller being exonerated of any
blame.
7.13. By
completing the registration form on the Website, the User declares that he
agrees that his name and personal data enter the database of the Seller, who
reserves the right to process, publish, use for marketing and advertising
purposes the above information mentioned,
7.14.
Seller does not encourage SPAM, market, offer or trade email addresses obtained
through this Site.
7.15.
According to Law no. 677/2001, the User has the right of access and
intervention on the data, the right not to be subject to an individual decision
and the right to go to court. At the same time, the User has the right to
object to the processing of personal data concerning him and to request the
deletion of the data. For any concerns regarding the exercise of the User's
rights regarding the use of the Site and the protection of use, he is asked to
contact the Seller through the "Contact" section of the Site.
7.16. It
is very important that the User's personal data are correct, as they are necessary
for the smooth execution of the entire order. The User's refusal to provide
this data leads to the impossibility of completing any order. The User is
requested to notify the Seller as soon as possible if some of the data provided
on the Website www.mamaofpearls.shop are incorrect.
7.17. The
seller does not assume responsibility for any loss of information that could be
caused by malfunctions or errors of the software with which the online store
www.mamaofpearls.shop is designed and hosted, nor does it guarantee that the Site,
the server or emails sent by www.mamaofpearls.shop do not contain viruses.
7.18. The
commercial relations between the User and the Seller are officially regulated
by the Romanian Government Ordinance 130/2000, regarding the protection of
consumers when concluding and executing distance contracts.
8. Pricing and Billing
8.1. The
prices of the Goods displayed on the Site-
of
www.mamaofpearls.shop are exempt from VAT. according to law.
8.2. The
price and payment method are specified for each Order. The Seller will issue to
the Buyer a tax invoice for the Goods and services delivered, the Buyer's
obligation being to provide all the necessary information for issuing the
invoice in accordance with the legislation in force.
8.3. The
Seller will send the Buyer the invoice related to the Order containing the
Goods and services sold on the Site.
8.4. For a
correct communication of the invoice related to the Order, the Buyer has the
obligation to update his Account data whenever necessary and to access the
information and documents related to each Order existing in the account.
8.5. By
sending the Order, the Buyer expresses his agreement to receive the invoices
via email, to the address mentioned in his account.
9. Payment
9.1.
Payment by bank transfer (payment order) - after sending the order, the Buyer
will receive all the necessary information that must be entered on the payment
order. The delivery of the order is made only after the payment is confirmed.
To speed up the process, please send a copy after the payment order.
After
that, the Seller will issue to the Buyer an invoice for the delivered goods,
the obligation
It is up to the buyer to provide all the information necessary to issue the invoice according to the legislation in force.
9.2 The Seller shall not be held liable for delays, failures, or errors caused by banks, payment processors, or other third-party financial institutions.
10. Delivery
10.1. The
Seller undertakes to ship the Goods to the Buyer via the company express
courier. At the moment of handing over the Goods to the courier company with
which he collaborates, the Seller discharges himself from the risks and
responsibilities associated with the Goods. The Seller will ensure the proper
packaging of the Goods and will ensure the transmission of the accompanying
documents.
10.2. The
Seller will deliver the Goods on the territory of Romania in the European
Union.
10.3. The
delivery will be made within 24-48 hours from the confirmation of the Order,
excluding Saturdays and Sundays, as well as public holidays.
11. Order Acceptance and Return of Goods
11.1.
Acceptance of the Order will be made when the Goods conform to the
Specifications set out in the Order. If the Buyer discovers that the Goods
delivered do not conform to the Specifications, then the Seller will bring the
Goods into conformity.
11.2. The
buyer benefits from returning the Goods within 14 calendar days of receiving
the Order.
11.3. The
Seller accepts the return of any Good, provided that the returned Good is not
damaged, does not contain traces of use and is returned in its original
packaging or similar packaging, also undamaged, with all documents included. If
the product has damaged packaging or no packaging, then the product cannot be
returned.
11.4. If
the Buyer wants to return a product, he must send us a communication by email
and fill out the return form.
11.5. The
return costs will be borne in full by the Buyer, and the reimbursement of the
product's value will be made within 10 working days from the receipt of the
Good.
12. Warranties
12.1. All
Goods sold by the Seller benefit from warranty certificates issued by the
Seller.
13. Disputes and Final Dispositions
13.1. By
using the Website www.mamaofpearls.shop, the User agrees that the Terms and
Conditions listed above are in accordance with Romanian and European laws in
force.
13.2. If
any other problem related to the Goods offered by the Seller is not present in
the articles of this Document, it will be resolved amicably within 30 working
days from the date of notification of the problem in writing. If this solution
is not possible, the conflict will be resolved in the court of the locality where the Seller has its headquarters, without prejudice to mandatory consumer protection legislation.