1. GENERAL PROVISIONS
3. SITE CONTENT. ELECTRONIC SERVICES AND FUNCTIONS MADE AVAILABLE TO THE CUSTOMER AND / OR USER BY THE SELLER
4. REGISTRATION AS A USER
5. PLACING AND CONFIRMING THE ORDER
8. MODALITIES AND COSTS OF TRANSPORT. TERMS AND CONDITIONS OF DELIVERY. RECEPTION OF PRODUCTS
9. RETURN POLICY
10. PROMOTIONAL CAMPAIGNS
11. USER CONDUCT
12. LINKS TO EXTERNAL PLATFORMS
13. INTELLECTUAL PROPERTY
17. CONFIDENTIALITY AND SECURITY
18. FORCE MAJEURE
19. APPLICABLE LAW. DISPUTE SETTLEMENT
20. FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. The online store available at www.kirizza.com is owned and managed by KIRIZZA DESIGN SRL, a romanian company established in Romania, with headquartered in Timișoara, Bld. G-ral Ion Dragalina, Nr. 7, Et. 2, Ap. 15, Timiș County, Nr. Ord. Reg.Com: J35 / 679/2022, Fiscal code: 45661126, with contact details: e-mail email@example.com and phone number (+40) 748 096 029 , (hereinafter referred to as “KIRIZZA”, “Company” or “Platform”).
1.2. The Terms and Conditions reffer, first of all, to the purchase of Products usingh the platform www.kirizza.com, managed by the Company.
1.3. The use of the Platform requires the fulfillment by the computer systems used by the Client of certain technical requirements.
1.4. The KIRIZZA Terms and Conditions are addressed to Users, Consumer Customers and Non-Consumer Customers who use the Platform or conclude Distance Contracts.
1.5. The information presented on the www.kirizza.com website regarding the Products constitutes the invitation to conclude the Sales Contract within the meaning of art. 2 point 7 of the Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals in Romania.
1.6. Acceptance of the Terms and Conditions kirizza.com is voluntary, but necessary for the creation of the Account and / or for the purpose of placing the order by the Customer or User, representing a formality prior to the conclusion of the Contract.
1.7. Navigation within the kirizza.com website, followed by the Order, is equivalent to the reading, understanding and express acceptance by any Customer or User of the Kirizza.com Terms and Conditions.
1.8. The company reserves the right to change and update, at any time, the content of the platform www.kirizza.com, as well as the Terms and Conditions of Use, without any prior notice. In case of divergence or misunderstandings between the Company and the Customer / User, the Terms and Conditions valid at the time of placing the Order by the Customer / User will apply.
1.9. All information used to describe the Products available on the Platform, including images and media presentations, does not constitute a contractual obligation on the part of the subscriber.
1.10. If the platform www.kirizza.com is affected by an unusually high volume of traffic, the Company reserves the right to request Customers / Users to manually enter validation codes of the captcha type, in order to protect the information within www.kirizza.com.
1.11. Any attempted fraud or any committed fraud (such as, but not limited to, accessing Customer and / or User data www.kirizza.com, altering the content of the www.kirizza.com platform, attempting to affect the performance of the servers of www platform .kirizza.com, hijacking the content of deliveries of the Products to third parties, etc.) will be punished according to the legal provisions.
The definitions will apply to the following terms when used in this document, unless the context requires otherwise:
The Client’s e-mail address and password provided within www.kirizza.com during the Account creation process;
The particular conditions of sale of the Products sold on www.kirizza.com, regulated by related regulations, in compliance with the Incident Legislation (i.e. reduction of the Price or delivery costs, within the limit of available stocks, etc.);
Minimum technical requirements for the use of www.kirizza.com, namely a computer, laptop or other multimedia device with internet access, capable of providing access to e-mail and the internet.
Any natural person who is at least 16 years old or a legal person who visits www.kirizza.com and / or places an Order based on an Account;
An electronic document that intervenes as a form of communication between the Seller and the Customer / User, through which the Customer / User expresses his intention to conclude a Distance Contract, using the means of distance communication, while specifying the Products offered to purchasing from the Seller and providing him with the necessary data for concluding and fulfilling the Distance Contract;
The electronic newsletter service that allows Customers or Users to receive regular information from the Platform, in particular about Promotional Campaigns and Products offered for sale on www.kirizza.com, at the e-mail address or telephone number which the Client and / or the User provided them in the process of creating the Account;
Any natural person or group of natural persons constituted in associations, acting for purposes outside its commercial, industrial or production activity, artisanal or liberal;
The electronic service provided to the Customer by kirizza.com, identified by the email address (Login) and Password, entered by the Customer, resources collected by the computer system of the Platform and which allows the Customer to use additional functionalities / services (i.e. viewing orders, invoices tax, etc.);
Contract concluded between the seller and the buyer without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication, until and including the moment the contract is concluded, under which the seller transfers or undertakes to transfer ownership of the products to the buyer, and the buyer pays or agrees to pay the price of the product / products, in accordance with the principles set out in the Terms and Conditions www.kirizza.com.
Text, graphics or multimedia elements such as, but not limited to, product information and including images and descriptions thereof, promotional videos, if any, descriptions and images of people, scripts, software, trademarks, which are posted and distributed on www.kirizza.com by the Seller, being the property of the Company or his suppliers;
The service that the Platform offers to each Customer or User of www.kirizza.com and which allows the placing of the Order for one or more Products, the introduction of discount codes that facilitate the reduction of the Price under certain Promotional Campaigns, the visualization of the Price of each Product and all Products together, any costs related to the delivery of the Products and their estimated delivery date. The Shopping Cart collects the offers submitted by the Customer or the User for concluding the Distance Contract. Through an Order, the Customer or the User can add to the Shopping Cart several Products in order to conclude the Distance Contract;
User or customer who places an Order and purchases at least one product through the platform.
Any person under public or private law who provides express courier services;
Law no. 287/2009 on the Civil Code, Government Ordinance no. 99/2000 regarding the marketing of products and services on the market, Law no. 193/2000 regarding the abusive clauses from the contracts concluded between professionals and consumers, Law no. 356/2002 on electronic commerce, Government Decision no. 1308/2002 regarding the approval of the methodological norms for the application of Law no. 356/2002 on electronic commerce, Emergency Ordinance no. 140/2021 on certain aspects related to contracts for the sale of goods, Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, Government Emergency Ordinance no. 34/2014 on consumer rights within the contracts concluded with professionals and for amending and supplementing some normative acts;
Time of conclusion of the distance contract
Confirmation of stock availability and acceptance by the Seller of the order sent by the buyer concluded by a notice of dispatch of the order (the moment when the seller undertakes to transfer ownership of the products to the buyer). The notification of the buyer regarding the confirmation of the receipt of the order is NOT equivalent to the acceptance of the order in the sense of concluding the contract between the Seller and the Buyer.
An alphanumeric string necessary to authorize access to the Account, which is established by the Customer in the process of creating the Account.
The amount of money that the Seller receives in exchange for the supply to the Customer / User of the ordered Product, in accordance with the terms and conditions of the Distance Contract. The price consists of the value of the Product, to which are added, as the case may be, the related transport and / or collection costs. The related shipping and / or collection costs are detailed on www.kirizza.com, before placing the Order by the Customer and / or the User.
A product listed in www.kirizza.com, mentioned in the Order and which is the subject of the Distance Contract, to be provided by the Seller to the Buyer in exchange for payment of the Price;
Personal opinion in the form of text or rating (number of stars awarded from 0 to 5) given to a product presented by the Seller on the platform www.kirizza.com, which comes from a buyer who has actually used or purchased the product.
Terms and Conditions www.kirizza.com
This document, which defines the terms for the conclusion of Distance Contracts through www.kirizza.com, establishes the rights and obligations of the parties involved, in accordance with the provisions of the Incident Law.
Any person over the age of 16 or a legal person who visits www.kirizza.com and / or places an Order, without having created a Customer Account;
One of the days from Monday to Friday, except for public holidays, declared days off.
3. SITE CONTENT. ELECTRONIC SERVICES AND FUNCTIONS AVAILABLE TO THE CUSTOMER AND / OR USER
3.1. Site content
3.1.1. Through the online store, KIRIZZA presents and offers services for the sale of clothing and clothing accessories.
3.1.2. KIRIZZA may publish on the website information about Goods and / or promotions practiced by it or by any other third party with which the Company has concluded partnership contracts, within a certain period of time or within the limit of the available stock.
3.1.3. All information on this platform is provided in good faith. The images published on the platform belong to the Seller and are in line with reality, but sometimes the color shades of the products may differ slightly due to the execution of photos or user / buyer monitor settings or small differences in product design / graphics may occur. Errors of a technical or content nature, related to technical specifications or even prices, stocks or product availability, may also occur for example, in orders placed between the seller’s working hours.
3.2. Electronic services and functionalities of the website
3.2.1. Within the website, the Platform provides the Client and / or User with the following electronic services and functionalities:
a. account creation;
b. use of the Shopping Cart;
c. placing the Orders, as well as concluding the Distance Contracts, under the conditions regulated by the present Terms and Conditions;
d. viewing the Content displayed within the website;
e. the transmission of Commercial Communications, based on the consent previously expressed by the Client;
f. creating Lists and interacting with the Favorites section.
3.2.2. The use of the Shopping Cart begins when the Customer adds the first Product to the Shopping Cart.
3.2.3. The Shopping Cart is offered free of charge and is closed when the Order is placed through it or when the Customer / User does not complete the Order through it, and the Shopping Cart saves the information selected by the Customer after the browser session, including disconnection, but does not reserve the Products.
3.2.4. The Customer and / or the User have the following obligations regarding the use of the electronic services and the functionalities provided by the Seller within the website:
a. to provide data in accordance with reality when placing an Order or in the registration forms when creating the Account;
b. to update the data they provided to the Seller at the time of placing the Order and concluding the Distance Contract, in particular for the correct use of the electronic services and functionalities offered by the website. The Customer / User has the possibility to change at any time the data entered during the creation of the Account or the placement of the Order, using all the options available in the Account or Order Placement section;
c. use the electronic services and functionalities provided by the Platform so as not to interfere with its operation;
d. to use the services and functionalities provided by the Platform in accordance with the legislation in force and with the present Terms and Conditions;
e. to pay on time the Price and the other costs associated with the delivery of the Products, as the case may be;
f. to take on time the ordered products using the method of delivery and cash on delivery;
g. not to carry out computer activities or any other activities aimed at obtaining information that is not intended for the Customer and / or the User, including data of other Customers or that interfere with the principles or technical aspects of operation of www.kirizza.com and making payment of the Price of the Products, or unauthorized modification of the Content provided by the Seller, especially those provided within www.kirizza.com regarding the Prices or the description of the Products.
3.3. COMMERCIAL COMMUNICATIONS. NEWSLETTER
3.3.1 The Customer may change its option at any time regarding the agreement given to the Seller for Commercial Communications containing general and thematic information regarding the Products offered within www.kirizza.com, regarding offers or promotions, as follows :
a. by accessing the unsubscribe link displayed in the Commercial Communications received from KIRIZZA through Newsletter; or
b. by contacting KIRIZZA.
3.3.2. Commercial Communications, within the meaning of the Incident Law, are not considered the messages received by the Customer / User from the Seller, by SMS or e-mail, regarding the status of the relationship between the Seller and the Customer / User (i.e. account creation confirmation, Order placement confirmation, delivery notification Products, communication of security incidents, etc.).
3.3.3. After a maximum of 14 (fourteen) days from the purchase of a good, the Buyer will be required to register a Review related to the purchased product. The request will be sent to the email address registered by the Buyer in the Account or used to confirm the order and the contractual relationship. In this way, the Buyer contributes to informing other possible Users / Customers / Buyers on the Site and is actively involved in the development of new services and in the most complete detailing of the characteristics of the products. In this way, the Platform also provides access to consumer (buyer) product reviews and ensures that published reviews come from consumers who have actually used or purchased the product. Reviews that do not come from people who have used or purchased the product will be deleted.
4. REGISTRATION AS A USER
4.1. Any Customer who wishes to register on the www.kirizza.com website can do so by simply clicking on the Registration button available on the main page and following the appropriate steps required for registration.
4.2. For registration, the user is asked in the first instance only the e-mail address. This must be valid from the User’s e-mail, otherwise it will not be possible to continue the registration procedure on the site. After activation, fill in the fields with the name and surname of the User. This data can be changed in the “My Account” section.
4.3. The user is fully responsible for the security of the access password as well as any information regarding registration, authentication and account. He is also fully responsible for any order and / or payment made by using our site on the User’s account.
4.4. Placing an order is not conditional on creating an account and registering as a user.
4.5. The Seller, in addition to those customers who already have an account, offers free storage and provision to them through the Account of the Order history, tax invoices related to the Products purchased, the possibility of updating contact details, delivery and payment, as appropriate.
4.6. For justified reasons KIRIZZA reserves the right to restrict the access of the User / Buyer in order to place an order and / or to some of the accepted payment methods, if it considers that based on the conduct or activity of the User / Buyer on the site, its actions could harm the platform in any way. In any of these cases, the User / Buyer may address the subscriber to be informed of the reasons that led to the application of the above measures.
5. PLACING AND CONFIRMING THE ORDER TO BE VERIFIED
5.1. Placing the order on the www.kirizza.com website is done by following the steps below:
• select the type and size of the desired products and add them to the Shopping Cart, by clicking on the “Add to Cart” button;
• you can view the shopping cart and continue shopping or you can complete the order by clicking on the “Checkout” button;
• after selecting the desired products, enter the contact details to confirm receipt of the order (name, surname, telephone, e-mail). If you have a Client account, you can log in at this stage.
• enter the delivery dates (delivery is made by courier);
• enter your billing information;
• choose the payment method;
• you can, at your choice, enter a message with additional comments or information;
• you have the opportunity to agree to receive a newsletter with the store’s promotions;
• place the order by clicking on the “Send order” button.
5.2. For justified reasons, the Seller reserves the right to change the quantity of the products only from orders in progress and unconfirmed. If the Seller changes the quantity of products in the order, he will notify the Buyer at the e-mail address or telephone number provided to the seller when placing the order and will return the amount paid. From the moment the order is confirmed, they can no longer be modified by the Seller.
5.3. The Seller may assign and / or subcontract a third party for services related to the fulfillment of the order, with the information of the buyer, without the consent of the buyer. The Seller will always be liable to the Buyer for all contractual obligations.
5.4. The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other in the following cases:
a) non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in case of online payment;
b) invalidation of the transaction by the card processor approved by KIRIZZA, in case of online payment;
c) the data provided by the Client / Buyer, on the Site are incomplete and / or incorrect;
5.5. The contract is considered concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, by e-mail and / or SMS of the notification of dispatch of the Order. The document and the information provided by the Seller on the Site will be the basis of the Contract
5.6. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.1. The customer has the obligation to opt for the payment method chosen before placing the order, by checking the appropriate option, according to the steps of placing the order. The Seller provides the Customer / User with the following payment methods:
a) online with credit card (Visa, Mastercard, GooglePay).
b) bank transfer – after placing the order the client receives details about the advance payment (IBAN, Beneficiary, order ID). Once the payment is verified, the package is delivered.
6.2. Current payment methods are specified at www.kirizza.com in the Shopping Cart, “Payment” section.
6.3. If the Customer / User chooses to pay a refund upon receipt / collection of the package, he is obliged to make the payment upon receipt / collection of the package. The refusal to receive the package leads to the termination of the Distance Contract and relieves the Seller of the obligation of a new delivery of the respective Product.
6.4. The payment card data of the Customer / User will not be accessible to the Seller nor will it be stored by the Company or by the payment processor integrated in the platform www.kirizza.com, but only by the institution of authorization of the Transaction or another entity authorized to provide data storage services for identifying the card used by the Client / User to complete the Transaction, about whose identity the Client / User will be informed, prior to entering the data.
6.5. At www.kirizza.com, the entity authorized to provide payment processing services is www.netopia.ro .
6.6. For security reasons of the transactions, the Client / User is advised not to remain logged in on www.kirizza.com and not to set the option of automatic login on mobile devices. Disclosure of the account password in the Account is not permitted, and it is recommended that you use a strong security password (for example, that it contains at least eight characters, including uppercase, lowercase, numbers, and special characters).
6.7. The prices displayed within the platform are in RON currency and include VAT. The prices are displayed in the product gallery, on the product page, at the end of the order, as well as in the order section available in the Customer’s account. The prices are valid when accessing the page where they are displayed, the Seller reserves the right to change them at any time, without prior notice or notice.
6.8. In 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 issuing bank of his card, if the currency of his issuance differs from RON. The responsibility for this action lies solely with the Buyer.
6.9. Under the conditions provided by law, the price of the electronic goods displayed on the website, includes the green stamp fee. If the User / Buyer requests details regarding the exact amount added to the price of the Good, he will contact the platform through one of the available means of communication.
6.10. The ownership over the goods will be transferred upon delivery, after the payment has been made by the Buyer in the location indicated in the Order.
7.1. The price, payment method and payment term are specified in the Order. The Seller will issue to the Customer a fiscal invoice for the products delivered according to the order, the obligation of the Customer / User is to correctly and completely specify all the information necessary for the Seller to issue the fiscal invoice, in accordance with the legislation in force.
7.2. By sending the Order, the Customer / User expresses his agreement to receive the fiscal invoices in electronic format, by adding them by the Seller in the Customer’s Account or by e-mail, to the e-mail address mentioned by the Customer / User.
7.3. The fiscal invoices issued by the Seller for the Products related to some Orders that will be delivered by courier will be sent to the Client / User by email. Invoices related to the Product / Products that have not been taken over by the Customer / User will be canceled by the Seller at the time when the Product / Products will be returned by the Courier.
8. MODALITIES AND COSTS OF TRANSPORT. TERMS AND CONDITIONS OF DELIVERY. RECEIPT OF PRODUCTS
8.1. Modalities of Transport
8.1.1. Product delivery is available both in Romania and internationally.
8.1.2. The Seller offers the Customer / User the following methods of delivery of the Product / Products:
a) shipment by courier,
b) shipment by courier with refund;
8.2. Shipping costs
8.2.1. The Transport Costs for the delivery of the products are borne by the Customer / User, unless the Distance Selling Contract provides otherwise.
8.2.2. The costs of delivery of the Product (for transport, delivery and postal services) are indicated in the pages of the platform in the dedicated section entitled “TRANSPORT” and at the time of placing the Order by the Customer / User.
8.3. Delivery costs
8.3.1. In case of concluding the Distance Contract, for each Order placed on www.kirizza.com a shipping cost will be charged, which differs depending on the delivery method selected by the Customer / User on the order completion page, size, weight and distance. (as the case). The exact shipping costs will be found on the invoice separately and are communicated to the buyer before sending the order.
8.3.2. In case of deliveries through the Courier, the Client / User will pay the delivery cost. For international orders, shipping is not free and the cost is calculated based on the delivery address.
8.3.3. The transport (delivery cost) is free for Orders with delivery in Romania that exceed a certain value that is mentioned in the section dedicated to TRANSPORT.
8.4. Delivery deadlines
8.4.1. The total waiting time for the delivery of the Product to the Customer / User (delivery date) consists of the time of preparation of the Order for shipment by the Seller and the delivery time of the Product by the Courier. The delivery time of the products starts from the moment of confirming the Buyer’s order.
8.4.2. The estimated delivery date may vary depending on the Product and / or the delivery method chosen and is communicated in the order registration e-mail before its confirmation. The standard average delivery time is 3-5 working days and is mentioned in the specific TRANSPORT section.
8.4.3. For all product categories, the maximum delivery time is 30 calendar days from the date of concluding the Distance Contract.
8.4.4. In case of exceptional situations such as: state of emergency, unfavorable weather conditions, roadblocks and accidents or other special situations (such as Black Friday, public holidays) that strictly concern the operating schedule of the courier / carrier, there may be time lags. delivery. If the Products are unavailable (including if the Price or some characteristics of the Products have changed, before the confirmation of the Order by the Company, the Seller will inform the Customer / User about the unavailability, and the amounts he has paid will will be refunded to the Customer / User within 14 calendar days from the date of the respective information, if the Customer / User has paid them in advance.The Customer / User may confirm the changes regarding the price or characteristics of the Products, thus modifying the initial Order and the Seller will deliver the Products according to the Order thus modified by the Customer / User.
8.5. Terms of delivery
8.5.1. The Customer / User will be contacted by telephone by the Courier in advance to obtain confirmation of his presence at the address chosen for the delivery of the Order.
8.5.2. The Customer / User undertakes to be present at the indicated delivery address, within the time interval in which the Courier notifies him that he is delivering the Order, otherwise he will bear the transport fee related to a possible new delivery. The time interval in which the Order is delivered can be modified only with the consent of the Courier.
8.5.3. At the request of the Courier’s representatives, the Customer / User will prove his identity and will communicate the Order number assigned by the Seller.
8.5.4. If the Customer / User is unable to receive the Order in person, the Order will be left at the specified address only to a person over 18 years of age and only in case of prior communication to the Courier of the Order number.
8.5.5. No request for delivery of an Order will be honored if the Customer / User does not meet the above conditions.
8.5.6. Delivery is considered to be fulfilled by the Seller at the time of delivery of the Ordered Products to the Customer / User.
8.5.7. The buyer is obliged to inspect the package without delay, preferably in front of the courier, upon delivery, and in case of damage to products or packaging, is obliged to request the preparation of a defect finding report. In case of any damage or defect, the Customer is not obliged to accept the package.
8.6. Warranties and Product Claims
8.6.1. The Seller is obliged to deliver to the Customer / User new Products, without defects, which are in accordance with the Distance Contract, to be accompanied by fiscal documents and to offer a guarantee depending on the category of products sold. In the unfortunate event of compliance issues, the Seller provides compliance services for the products sold. The warranty period depends on the type of product and manufacturer and are mentioned in the warranty certificate issued by the Seller.
8.6.2. The products are considered to be in accordance with the Distance Contract, if:
a. Correspond to the description made by the Seller;
b. They correspond to the purposes for which products of the same type are normally used.
c. Presents the normal quality and performance parameters, which the Customer / User can reasonably expect, given the nature of the Product, the Product’s statements regarding its concrete characteristics made by advertising or by inscription on the Product’s label.
8.6.3. In the event of non-compliance, the consumer has the right to benefit from the conformity of the goods (repair or replacement), to benefit from a proportional price reduction or to obtain the termination of the distance contract.
8.6.4 In order for the goods to be brought into conformity, the consumer may choose between repair and replacement, unless the chosen corrective measure would be impossible or, in comparison with the other available corrective measure, would impose disproportionate costs on the Seller, taking into account the value of the goods in the event of non-compliance, the seriousness of the non-compliance or whether the alternative remedial measure (repair) could be carried out without any significant inconvenience to the consumer.
8.6.5 Repairs or replacements shall be carried out at no cost to the consumer and within a reasonable time which may not exceed 15 calendar days from the time the seller was informed by the consumer of the non-conformity and which is agreed upon in writing. , between the seller and the consumer, taking into account the nature and complexity of the goods, the nature and gravity of the non-conformity and the effort required to complete the repair or replacement and without any significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer requested concerned.
8.6.6 If the non-conformity is to be remedied by repairing or replacing the goods, the consumer makes the goods available to the seller and the Seller takes over the replaced goods at his own expense.
8.6.7 The seller may refuse to bring the goods into conformity if the repair or replacement is impossible or would impose costs which would be disproportionate, taking into account all the circumstances, in which case the consumer has the right either to obtain a proportionate price reduction or to obtain termination of the contract of sale in accordance (as the case may be). The price reduction is proportional to the decrease in the value of the goods received by the consumer compared to the value that the goods would have if they were in conformity.
8.6.8 The consumer does not have the right to obtain the termination of the contract if the non-conformity is minor. The burden of proving the minor nature of the non-conformity lies with the seller.
8.6.9 Consumers can opt for a certain corrective measure if the non-conformity of the goods is found shortly after delivery, without exceeding 30 calendar days.
8.6.10 Products that are not considered to be of long-term use are not covered by the warranty.
9. RETURN POLICY
9.1 According to Directive 2011/83 / EU and Emergency Ordinance 34/2014 on consumer rights in contracts concluded with professionals, the consumer may withdraw from the contract and return the ordered product without indicating any reason within 14 days of receipt of the product ordered. They only apply to consumers
9.2. The consumer does not have the right of withdrawal in case of supply of the following product categories:
a) products manufactured or made according to the specifications presented by the consumer or to order
b) products clearly customized at the express request of the consumer
c) products that have been expressly adapted / made at the express request of the consumer.
d) sealed products which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer (eg used clothing, underwear, etc.)
9.3 The consumer will be liable only for the depreciation resulting from the use over the necessary to determine the nature, characteristics and operation of the product. The buyer has the possibility to check the purchased products easily and to determine their characteristics without using / using the products and without destroying the packaging. If the returned product is in the conditions mentioned above, ie new, the amount refunded will be the same as the one paid, except for transport costs. If the product is not returned as in its original condition (in the sense that it can no longer be marketed as new) the principle of depreciation will apply. A fee will be charged for bringing it back to its original condition or to cover the price difference resulting from the sale of the product as second-hand and a lower amount of money will be refunded to the Buyer than it initially paid (the percentage decrease in value is on a case-by-case basis). without being discouraging to the buyer and will be argued on the basis of evidence that will be in the range of 0-25%). If the buyer refuses to reduce the value of the product, the original product will be reshipped at his expense.
9.4 The Consumer may exercise his right of withdrawal by means of a clear declaration to that effect (email), via the customer account or via the withdrawal form, within a maximum of 14 days from the date on which the Consumer or a third party other than the carrier, designated by the Consumer, takes over the product. The right of withdrawal and the withdrawal form are detailed in the dedicated section “Return Policy”
9.5 In case of exercise of the right of withdrawal, the Consumer will be charged the cost of transporting the return of the product, the Seller not agreeing to bear this cost.
9.6 The consumer returns the products without undue delay and within a maximum of 14 days from the date on which he communicated to the Supplier his decision to withdraw from the contract. The deadline is met if the products are returned by the consumer before the expiry of the 14-day period for the withdrawal decision.
9.7 The supplier will reimburse the consumer the amount paid, excluding the cost of transport and delivery, immediately after receipt of the product and / or receipt of the declaration of withdrawal (as appropriate), but not later than 14 days from the date on which he became aware of the withdrawal from the consumer’s contract.
9.8 The refund may be postponed by the Supplier until the goods have been returned or the Consumer has provided proof that they have been sent: the first of the two dates will be taken into account.
9.9 The supplier shall reimburse the amounts using the same payment methods as those used by the consumer for the initial transaction, unless the consumer has agreed to another payment method and provided that the consumer is not responsible for the payment of fees reimbursement.
9.10 The Seller is not obliged to reimburse the Consumer the additional costs resulting from the choice of another mode of transport than the cheapest standard mode of transport offered by the Seller.
9.11 If the Consumer wishes to exercise his right of withdrawal, he may indicate this in writing in one of the Contact details of the Supplier (either by means of the attached declaration), by telephone or even in person. In the case of a written notification and sent by post, the date of dispatch is taken into account, and in the case of a telephone notification, the telephone indication is taken into account. The consumer can return the ordered product to the Supplier by mail, in person or through a courier service.
9.12 If the consumer orders through a single order multiple products that will be delivered separately, the buyer can exercise his right of withdrawal within 14 days, which will be calculated from the receipt of the last delivered product.
9.13 The right of withdrawal belongs only to Buyers who qualify as consumers according to Government Ordinance 34/2014 and Government Ordinance 21/1992. The right of withdrawal does not apply to legal or natural persons acting in the exercise of their profession, self-employed activity, profession or business.
9.14 The return process that is initiated from the customer account is performed as follows:
• in the “Returns” section, access the “Add a return request” button;
• select the product (s) eligible for return (which you want to return);
• select the quantity of returned products and the reason for the return;
• fill in the contact details and the return pick-up address;
• select the method of refunding the cost paid for the ordered product / products ordered, respectively bank transfer and enter a valid IBAN account;
• press the “Send request” button.
10. PROMOTIONAL CAMPAIGNS
10.1. General provisions
10.1.1 Through www.kirizza.com, the Company may offer Customers / Users various discounts, gifts or vouchers, through various promotional mechanisms, their use being subject to certain rules, communicated by the Seller in the form of regulations, published on the platform.
10.1.2 Unless otherwise stated, each discount or gift voucher may be used only once within the same Order, and may not be combined.
10.1.3 Discounted sales, defined according to the legal provisions, will display the date on which the offer ends or, if applicable, the fact that the special offer refers to the stock of available goods, and if the special offer has not yet started, the start date of the period in which the special price or other specific conditions apply and will be related to the reference price / previous price
10.1.4 Sales in the form of an advertising lottery are organized without the imposition of any direct or indirect costs in addition to the purchase of the product. With regard to winnings at stake in a lottery, advertisements stating the nature, number and commercial value of those winnings, as well as the following statement: “the rules of participation / conduct are available free of charge to any applicant”. For this purpose, the address or telephone number at which the request can be sent will be mentioned, respectively made and the regulation will specify the obligation of the advertising lottery organizer to make public the names of the winners and the prizes awarded.
10.1.5. The creation of multiple accounts, using automatically generated addresses that expire after a predefined period, in order to benefit from promotions or offers, or any fraudulent behavior that could affect the smooth running of the Promotional Campaigns is prohibited and will be considered an attempted fraud. The Company reserves the right to suspend the Accounts thus created and to withdraw the benefits related to the Promotional Campaigns or ongoing offers, to cancel the Account without notice, notice, other formalities or compensation.
10.2 Campaigns and promotions
10.2.1 Promotional codes
a) The promotional codes offered by the Company within any Promotional Campaigns are valid exclusively for the section mentioned in the code transmission e-mail or in the Promotional Campaign regulations, unless otherwise specified.
b) The promotional codes can only be used when placing the Order within www.kirizza.com, and cannot be used to reduce the value of the Order after it has been placed.
c) For eligibility for a Promotional Campaign, the value of the transport is not taken into account, unless otherwise specified. Promotional campaigns aimed at free or reduced shipping costs apply to each delivery.
d) If a promotional code has been applied in an Order that could not be honored or has been canceled for any reason, the Customer / User has the right to request the reactivation of the respective promotional code, exclusively in writing, by a e-mail to the contact address, specifying the Order number, its status, the Customer’s name and the promotional code. They shall be reactivated for a maximum period of 30 calendar days.
e) Promotions do not cumulate with each other. This applies to any form of discount (loyalty cards, promotional codes, gift vouchers, percentage discounts on www.kirizza.com, etc.) as a rule, unless otherwise stated in the Promotional Campaign. Certain Promotional Campaigns do not combine with other discounts, promotions or loyalty actions, as specified in the respective campaign regulations.
10.2.2 Vouchers / coupons / promo codes
a) The voucher is an electronic document consisting of a promotional code or coupon, of a certain value, specified in the promotional code or coupon and used to operate a Product at a price reduced by the value of the voucher.
b) Each voucher is identified by a voucher code and has various requirements to be valid and applicable. The Customer / User is responsible for carefully checking all the details and information on the voucher so that the discount can be granted.
c) The transport and handling fees apply to the Product purchased, as the case may be, unless otherwise provided in the Promotional Campaigns and regulations. Thus, if a voucher, in order to be applicable, imposes a certain minimum purchase value of some Products, transport, handling, etc. fees also apply to these Products, as the case may be. A voucher cannot be used to pay taxes, delivery charges or other services, unless otherwise agreed.
d) Any gift product, regardless of the promotion, will have a minimum value, and the Customer / User will pay the tax to which he is obliged by law depending on the promotion, as the case may be.
e) Vouchers are valid only if they are used within www.kirizza.com.
f) Vouchers prohibited by law will be considered null and void. Vouchers are not intended for resale and cannot be converted into cash.
g) All provisions relating to fraud, mentioned in these Terms and Conditions www.kirizza.com, are fully applicable with regard to fraud related to vouchers, and the attempted fraud will be brought to the attention of the competent bodies.
h) Any Promotional Campaign to which discount vouchers are applied is limited to one voucher per natural person or legal entity, identified as Customer / User.
i) Each voucher is limited to one use and is valid for a limited period of time, as will be mentioned in the e-mail offering the voucher or as specified in each Promotional Campaign / offer separately.
j) No voucher can be applied to other promotions / offers except those strictly mentioned in the respective offer.
k) The voucher applies only to the Products / categories of Products expressly mentioned as being eligible in the Promotional Campaign. The products that are excluded from the Promotional Campaigns are communicated in the regulations related to them or in the terms and conditions of the special offers. These exceptions generally include Products that by law cannot be sold at a discount.
l) In the case of Orders containing several Products, the value of the discount voucher will be allocated according to the provisions of each Promotional Campaign.
m) Any voucher will be valid from the date of its application, as a discount on the Order already placed. A voucher cannot be applied to an Order already placed.
n) If an Order to which a discount has been applied by voucher and contains several Products is canceled, rejected or partially returned, the discount granted by applying the voucher cannot be applied to the other Products remaining in the Order, if the value of the Order does not comply with the Campaign Promotional. The Seller will not refund the value assigned from the voucher for Canceled, Rejected or Returned Products that are part of a Multiple Product Order. The Customer / User will be refunded the amount paid by him for the Products.
10.2.3 Promotional campaigns with a gift product
a) Any promotion for which a gift product is offered is limited to a gift product offered during the Promotional Campaign per natural or legal person (identified as Customer / User), regardless of the number of Orders registered by a natural or legal person during in which the Promotional Campaign is ongoing.
b) If there are identified situations of fraud, the Company reserves the right to suspend the accounts thus created and to withdraw the benefits related to ongoing promotions or offers, to cancel Orders without notice, notice, other formalities or compensation.
c) Also, if an Order to which a gift product has been offered is rejected or returned in full, the Customer / User is obliged to return the Gift Product in its original, undamaged and unsealed state.
11. USER CONDUCT
11.1 By accessing the site Users become aware of the need to comply with the legal rules in force, to act invariably in accordance with good morals and not to destroy in any way the reputation and rights of the Company / Platform.
11.2. Use of this site is not permitted:
a) in any way that violates any local, national or other laws or regulations or any order of a court of any relevant jurisdiction;
b) for any purpose not permitted by law;
c) to distribute advertisements of any kind or to communicate false or misleading messages of any kind (defamatory comments, reviews left with the intention of creating a negative image, comments that do not reflect reality, etc.);
d) for accessing or attempting to access data of other users of the site, entering or accessing any of the security measures related to the site;
e) the introduction of any malware, virus or other malicious software program (worm) that harms or interferes with the operation of the site, including but not limited to cancelbots, denial of services, worms, Trojans, viruses or any other software or hardware for this purpose;
12. LINKS TO EXTERNAL PLATFORMS
12.1 The Company may use / display / provide links to applications / platforms / websites operated by third parties, with their consent. If you access them, we are not responsible for the way you use them, we do not guarantee and are not responsible for any application / platform / website for which we provide links through the website www.kirizza.com. In this case you have the obligation to consult the Terms and Conditions, as well as the Policies of each external platform.
12.2 If third party applications / platforms / websites provide links to the content of www.kirizza.com, it does not imply that we have a link to that website or to assume our association or affiliation with / with those applications / platforms. / websites.
13. INTELLECTUAL PROPERTY
13.1. The exclusive rights to the Content made available / displayed through www.kirizza.com by the Seller, in particular the copyrights, the name and the logo (trademark), its graphic elements, the software as well as the rights over the databases are subject to legal protection and are the property of the Seller. The Customer / User has the right to use the above Content, free of charge, but only for personal use and exclusively for the correct use of the website.
13.2. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the Site, are the exclusive property of the Company, being and reserved all rights obtained for this purpose directly or indirectly.
13.3. Customer / Buyer / User is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, display, include any Content in any context other than the original intended by KIRIZZA, including any Content outside the Site, the removal of signs that signify the copyright of the Company over the Content and participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of the Company.
13.4. The company may offer the Customer / User, at his express request, through an agreement, the right to use in a described form, a certain content of the platform www.kirizza.com. This agreement applies strictly to the Defined Content (s), for a period set forth in the Agreement and only to the person (s) who have been permitted to use such Content, without being able to use other Content on the www.kirizza.com platform.
14.1. The company does not guarantee that the www.kirizza.com platform, the servers on which it is hosted or the e-mails sent by the subscriber are free of viruses or other potentially harmful computer components, that it does not contain errors, omissions, malfunctions, delays or interruptions in operation or transmission, line drops or any other similar disturbing factors. The Customer / User uses the www.kirizza.com platform at his own risk, the Company being exonerated from any liability for any direct or indirect damages caused by using or accessing / visiting www.kirizza.com or as a result of using the information on the Platform.
14.2. The company cannot be held liable for any loss, destruction, or expense that may result from accessing or using this site or for damages resulting from accessing or using the information or data in the articles and documents displayed and does not offer any guarantees for their veracity.
14.3. The information included in www.kirizza.com is for information purposes only and is made available in good faith. If any of the published articles or any other information falls under Law no. 8 of 1996 on copyright and related rights, the Customer / User is requested to inform the Company at the contact address in the CONTACT section so that the necessary legal measures can be taken, if necessary.
14.4. The Company is not liable for any loss, costs, lawsuits, claims, expenses or other liabilities if they are directly caused by non-compliance with the www.kirizza.com Terms and Conditions.
14.5. The company is not liable for damages created as a result of the non-functioning of the www.kirizza.com platform, as well as for those resulting from the impossibility of accessing certain links published on the www.kirizza.com platform.
14.6. By creating and using the Account, the User / Buyer assumes responsibility for maintaining the confidentiality of Account data (user and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his Account.
16.1 The Company reserves the right to modify or update at any time the content of the Terms and Conditions of Use, without prior notice to the User.
16.2 The Company reserves the right to change the content or technical characteristics of any aspect of the platform at any time, depending on the technical and commercial opportunities analyzed and the technological advance, which could make it impossible to access or use the platform throughout the period. of changes or later.
16.3 The information on this site has been entered for the purpose of transmitting up-to-date information. The company ensures that it makes every effort to obtain correct information and remedy any inconsistencies if any.
17. CONFIDENTIALITY AND SECURITY
17.1 The confidentiality of all information of any kind that users will provide on the page of the Company or their representatives is ensured.
17.3. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer / Customer regarding the Order / Contract without the prior written consent of the Company.
17.4. By transmitting information or materials through this site, you give the Company unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Company may freely use, in its own interest, this information, ideas, concepts, know-how or techniques that you have sent us through the Site. The company will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard.
17.5. The user understands that the services are available through the Internet – a network that is not under the direct or indirect control of the Company. However, it shall endeavor to maintain the necessary information to maintain information security and to take appropriate technical and organizational measures to ensure the security of the data and the availability of the platform.
17.6. The company recommends that the User constantly check the security policies of the browser used, as well as the terminal used to access the site, so that it has installed and updated software against viruses of any kind or any external attacks such as cracking or hacking.
17.7. Users who affect the security of the Company’s systems or networks or who threaten their integrity will bear the consequences (criminal or civil) established by the applicable legal norms in force.
18. FORCE MAJEURE
18.1. None of the parties to the Distance Agreement is liable for the non-performance on time – in whole or in part – of any obligation incumbent on it under the Distance Agreement, if the non-performance of that obligation was caused by force majeure. For the purposes of this Article, force majeure is an event independent of the will of the parties, unpredictable and insurmountable, not due to their intention or fault, occurred after the entry into force of the Distance Contract and which prevents the contracting parties from performing, in whole or in part. , the obligations assumed. Such events are considered to be armed conflicts, social movements, fires, floods or any other natural disasters or restrictions resulting from a quarantine or embargo, the enumeration not having a limiting but an enunciative character. Labor disputes are not a force majeure. An event similar to the above is not considered a case of force majeure which, without creating an impossibility of execution, makes the execution of the obligations of either party extremely expensive.
18.2. The party invoking the force majeure event is obliged to notify the other party within 10 calendar days from the date of the event and to provide within this period the necessary evidence to that effect. The party who invoked force majeure is also obliged to inform the other party of the termination of the case of force majeure. If the notification is not made, the party invoking the occurrence of the force majeure event will be liable for all damages arising from the omission of the notification regarding the occurrence / termination of the case of force majeure.
18.3. If within 15 (fifteen) days from the date of its occurrence, the event of force majeure does not cease, each party to the Distance Agreement shall have the right to notify the other party of the full termination of the Distance Agreement, without any of the parties to be able to claim damages from the other.
19. APPLICABLE LAW. DISPUTE SETTLEMENT
19.1. The Distance Contract will be governed by and construed in accordance with Romanian law.
19.2. The Parties to the Distance Contract will make every effort to amicably resolve any dispute arising out of the conclusion and performance of the Distance Agreement.
19.3. If this is not possible, the dispute will be submitted for resolution to the competent courts in Timisoara, without restricting the right of the Consumer to resort to the alternative way of resolving disputes, by accessing the portals http: // ec. europa.eu/consumers/odr/ and / or www.anpc.ro.
20. FINAL PROVISIONS
20.1. The invalidity of any clause of the Terms and Conditions www.kirizza.com in whole or in part, will not affect the validity of the other clauses or parts of clauses of the Terms and Conditions. The inoperative or unmentioned clause will be replaced by an appropriate clause which, to the extent legally acceptable, is closest to what was intended or, following the conception and expression of the Terms and Conditions www.kirizza.com, what is intended is obtained after notifying the missing or inoperative clause.
20.2. The provisions of the KIRIZZA Terms and Conditions are supplemented by the provisions of the Incident Law.
20.3. The Distance Contract is concluded in Romanian. The confirmation to the Client / User of the provisions of the concluded Distance Contract is made by sending an e-mail to the Client / User with the confirmation of the registration of the placed Order.
21.1. Any dissatisfaction related to accessing, using, registering on our site, placing an order, issues related to the order placed and the like, will be communicated to us directly or to the contact details in the CONTACT section.
21.2. Requests received by email will be resolved within a maximum of 10 working days from the date of registration of the request.
These Terms and Conditions were last updated on 22.06.2022