Obsentum Terms and Conditions

General aspects

Millenium Pro Design S.R.L., Str. Sulfinei nr.3, Otopeni, Jud. Ilfov, Romania manages the Obsentum platform for the marketing of products through the website www.obsentum.com (the "Website") and stores under the Obsentum brand (the "Obsentum Stores").

This set of terms and conditions governs the terms and conditions under which:

1. any natural person, who is an Obsentum user, can access and use the Obsentum Platform;
2. avail of any service/benefit offered by the Company ("Services") through or in connection with the operation of the Obsentum Platform, including the e-commerce service conducted exclusively on the publicly available portions of the Website, for the purpose of enabling the User to purchase products and/or services using exclusively electronic means, as well as any other facilities/benefits offered by the Company to Obsentum Platform Members.

Definitions

For the purpose of this set of Terms and Conditions, except for terms defined elsewhere in this set of Terms and Conditions, terms defined in the section below shall have the following meaning:

1. all information on the Website that can be visited, viewed or otherwise accessed using computer equipment;
2. the content of any e-mail sent to Users by Obsentum by electronic means and/or any other available means of communication;
3. any information communicated by any means whatsoever by an Obsentum employee to the User, whether or not in accordance with the contact information specified by the User;
4. information related to the products, services and/or prices charged by Obsentum in a given period;
5. data relating to Obsentum, or other privileged data of Obsentum.

Campaign - the act of displaying for commercial purposes, exclusively by electronic means, a finite number of products having a limited and predefined stock, for a limited period of time and for a promotional price set by the Company.

Service - the e-commerce service conducted exclusively on the publicly available portions of the Website, in the sense of granting the User the possibility to contract products and/or services using exclusively electronic means, including other means of remote communication (i.e. telephone), as well as any other benefits offered by the company to Obsentum Platform Members.

Obsentum User - the natural person accessing and using the Website.

Online account - means the set of data assigned by the Company and uniquely associated to a user, allowing access to the virtual shop included in the Website.

Customer - The user who places an order / purchases products through the Obsentum Platform.

General Rules and Acceptance of Terms and Conditions

The Obsentum platform is intended for people who meet the following conditions:

1. They are at least 18 years old;
2. Have completed the steps to register as a User;
3. The right to use the Obsentum Platform has not been suspended or withdrawn by the Company, regardless of the reason for suspension or withdrawal.

Joining the Obsentum Platform as a user, including by using the Website, implies acceptance of these Terms and Conditions.

By ticking the box "I accept the Terms and Conditions" the user expressly agrees to be bound by all the terms of this set of Terms and Conditions, as well as any other applicable specific terms and conditions indicated within the online shop.

By accepting the Terms and Conditions, the User acknowledges the conditions of processing of personal data according to the Privacy Policy, which is an integral part of this set of Terms and Conditions.

At the same time, by placing an order through the Obsentum.com online shop, you agree that this implies a direct obligation to pay the company the value of the products ordered, as well as any shipping charges.

If you do not agree with the provisions of this set of Terms and Conditions or as the case may be, the updated provisions of the Terms and Conditions please discontinue using the Obsentum online shop. You can also send a request to deactivate your account and user status to [email protected].

The deletion of the Account and deactivation of the User's status as a result of a request by the User shall not affect the rights and obligations arising between the parties (i.e. User and the Company) until the date of termination of User status, including in the context of orders/purchases of products launched by a User/Customer via the Obsentum Platform.

Revocation of consent and deletion of the User Account also has the effect of deleting personal data, except for personal data whose processing is necessary after the deletion of the Account (for details, see Privacy Policy).

Content

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 Obsentum, to which Obsentum reserves all rights obtained in this respect directly or indirectly (through licenses of use and/or publication).

Obsentum Users are 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 that originally intended by the Company, include any Content outside of the Website, remove any markings that signify the Company's copyright in the Content, or participate in the transfer, sale, distribution of any material made by reproducing, modifying or displaying the Content, without the express prior consent of the Company to do so.

Any content to which an Obsentum User has and/or obtains access by any means is subject to the Terms and Conditions.

The Obsentum User may copy, transfer and/or use the Content only for personal or non-commercial purposes, provided that they do not conflict with the provisions of the Terms and Conditions.

No Content transmitted to an Obsentum User, by any means of communication (electronic, telephonic, etc.) or acquired by the Obsentum User by accessing, viewing and/or viewing shall constitute a contractual obligation on the part of the Company and/or the employees/representatives of the Company that facilitated the transfer of the Content, if any, with respect to such Content.

Any use of the Content for purposes other than those expressly permitted by these Terms and Conditions is prohibited.

Newsletter and other communications

When the User creates an online Account, he/she has the right to express his/her consent to receive commercial communications (newsletters and/or alerts) from the Company consisting of information on product/service offers, invitations to participate in campaigns and sweepstakes, surveys, questionnaires, opinion polls, sent by electronic mail (e-mail, SMS) and/or telephone call.

The User's opt-in consent may be changed at any time in the manner described in the Privacy Policy and by making a request to do so in response to any communication received.

The Company reserves the right to select Users who have previously given their express consent to receive newsletters and/or alerts, as well as the right to remove any User from its database, if it has reasonable grounds to do so, based on the User's abusive conduct or requests. The Company may also cease sending newsletters and other communications to a portion of its members to the extent that it decides to restrict its marketing activities.

Promotional campaigns

The promotional campaigns carried out by the Company for the Obsentum Platform are announced by means of communication (newsletter, SMS) or on the website (banners, pop-ups) and comply with the rules created for each of them, which can be accessed in the Promotions and Campaigns section.

Participation in organized promotional campaigns / lotteries implies compliance with the terms and conditions set out in the Regulations applicable to the respective Promotions and Campaigns.

The Organiser reserves the right to change any of the conditions set out in the rules of the campaign in question during the course of the campaign for good cause, but not before notifying the public of such changes.

As the organiser, the Company reserves the right to interrupt the Campaign at any time during the course of the Campaign, with prior notice to consumers by appropriate means of communication (display on the website, signage in shops, etc.).

Obsentum Platform promotions are not cumulative. This applies to coupon codes, gift vouchers, percentage discounts on the website, etc. as a rule, unless otherwise stated in the promotion. Also, in the case of the existence of percentage vouchers, the holder of such a voucher cannot benefit from the cumulative discount conferred by the application of the percentage voucher to the discount already existing within a promotion. Promotional campaigns are not cumulative with other existing discounts, promotions or loyalty actions in the same timeframe. This is specified in the rules of that campaign.

Any promotion to which discount vouchers apply may be limited to one voucher per User. This will be announced in the official Campaign information.

Each voucher may be limited to one use and is valid for a limited period of time as stated in the related terms and conditions and in the voucher offer email.

No voucher can be applied to other promotions/offers except those strictly mentioned in the offer. Voucher code does not cumulate with other ongoing promotions.

In the case of promotions where the order contains more than one product, the amount of the discount is applied in proportion to the value of each product. Consequently, the return of products in this category of promotions will fall under the provisions of the following section.

Cancellation and return of orders received following Campaigns

If an order to which the discount has been applied is cancelled, rejected or returned in full, the Customer will be refunded the full amount paid as shown on the invoice.

If an order to which a discount has been applied and which contains more than one product is partially returned (promotions such as 30%, 40%, 60% on the second/third product; 2+1 free), the Customer no longer benefits from the promotion/voucher granted to the purchased products. The products will therefore be recalculated and re-invoiced at full price, the amount refunded being the difference between the amount originally invoiced and the full price of the product(s) the Customer decides to keep.

The 2+1 promotion applies to products marked "2+1 FREE" and is visible after adding 3 pieces to your shopping cart.

Online sales policy

Access to the Services is allowed to any User who has an Account on www.obsentum.com.

In order to be granted access to the Service, the User must accept the provisions of the Terms and Conditions.

The Company reserves the right to restrict or exclude the Member's access to the Services and/or to delete or restrict the Member's Account, within the limits of the law, if it believes that based on the User's conduct or activity on the Site, the access and existence of the Member's Account could harm or prejudice the Company in any way. In connection with the User's notifications or the actions and/or decisions of the Company, the User may contact the Customer Relations Department to be informed of the reasons that led to the above-mentioned measures.

In the event that the Company discovers irregularities and/or violations of any kind of the provisions of this chapter, which result in the Company's business being harmed or disrupted in any way, the Company reserves the right, at its sole discretion, to cancel, limit, restrict, suspend or exclude users' access to the Obsentum Platform. In this case, the User may contact the Customer Relations Department to receive the necessary justification of the measures adopted for the purposes of this Article and the date from which they have been or will be applied.

The Company may publish on the Website information about products, services and/or promotions offered by it or by any other third party with which the Company has entered into partnership agreements, during a given period and subject to availability.

Products purchased through the Obsentum Platform offered are intended solely for the Customer's personal use.

The Company may limit to one or more Customers the ability to purchase certain products or services available on the Site at any one time, subject to Clause 7. The Customer may also be limited in the number of products purchased if the Company finds that they are not used for personal use, but for profit through redistribution/resale.

All prices for products presented on the website are expressed in RON and include VAT.

Invoicing of purchased products is exclusively in RON. Invoicing of purchased products is exclusively in RON.

All the information used to describe the products and/or services available on the Website (static / dynamic images / multimedia presentations / etc.) does not constitute an offer made by the Company and cannot give rise to contractual obligations on the part of the Company, as they are used exclusively for presentation purposes.

In the case of products in the Perfumery - Fragrances category, a maximum of 3 pieces of an item may be purchased per order.

The customer can place orders for products marketed at a given time, exclusively on the site, by adding the desired product/products to the shopping cart, and then complete the order by making payment by one of the methods expressly indicated. Once added to the shopping cart, a product is available for purchase as long as the campaign is active and there is positive stock for it. Adding a product to your shopping cart, without completing an order, does not automatically result in a reservation.

By completing the order, the Customer assumes that all data provided by him/her, necessary for the purchase process, are correct and complete at the date of placing the order, referred to herein as the order issued.

The Company may unilaterally terminate the order placed by the Customer, following prior notice to the Customer, without any further obligation of either party to the other or without either party being able to claim damages from the other in the following cases:

     a. the data provided by the Customer on the Website is incomplete or incorrect;

     b. the Client's activity on the Website may and/or does cause damage of any kind, or in any way harm Obsentum and/or its partners.

In the above situations, if the price has been paid, the Customer shall be entitled to a refund of the price, without refund of any interest or damages.

The customer has the right to cancel an order paid by card within 24 hours of placing it. In this regard, the Customer shall send Obsentum in writing to the email address: [email protected], the request for cancellation of the order.

The details of delivery of the products including but not limited to the time required for delivery shall not constitute a contractual obligation on the part of the Company, without either party being entitled to claim damages against the other, in the event that either party may be or is in any way prejudiced by a breach thereof. Orders will be processed and delivered subject to stock availability.

The customer / user cannot place orders by phone by calling the Support team 0215392524.

The Company shall include in the parcel sent to the Customer, depending on the type of each product, all necessary documents proving the purchase of the products/services by the Customer.

The Company will facilitate informing the Customer of the stage of completion of his order.

The Contract to which are added the documents attesting the delivery to the Client of the products contracted by the latter, on behalf of the Company, becomes a honoured Contract.

The delivery to the Customer of the products/services purchased is carried out by our partner courier companies. The Company may disclose to the courier company a number of personal data of the Customer necessary for the purpose of providing the delivery services of the products ordered by the Customer.

Deliveries will be made on average within 2 working days from the date of order, except on public holidays. In the case of special campaigns, the delivery time may be subject to change and the customer will be notified of this in the order confirmation email, by email or by phone call.

Each product marketed by the Company benefits from a guarantee of conformity as provided by Law 449/2003, including for cases where information on product quality provided by the product manufacturer is missing.

In accordance with art. 11 of Law 449/2003 each User may request in case of lack of conformity, repair, replacement of the product within the limit of available stock, or return of its value.

If the Company is unable to perform the contract because the product is not available, it shall inform the Customer of this unavailability on the date on which the Company becomes aware of this case. In the event that the product has already been paid for by the Customer, the amounts paid will be reimbursed by the Company within a maximum of 14 calendar days, in accordance with the applicable legislation on distance contracts.

The Obsentum Customer may return products purchased through a Contract in the following situations:

     a. The parcels show severe damage;

     b. Products were delivered/invoiced incorrectly;

     c. The products have manufacturing defects.

The product can only be returned if it is in perfect condition, i.e. it must not show any signs of wear or consumption, must be unopened and sealed.

Customers have a period of 14 days from receipt of the order to withdraw from the contract, without having to justify their decision to withdraw and without incurring any costs other than those provided for by law:

     a. additional delivery costs, if the Customer has explicitly chosen a different type of delivery than the standard delivery offered by the Company;

     b. direct costs related to the return of products.

Withdrawal from the contract implies the partial or total termination of the contract, in proportion to the quantity of Products the Customer no longer wishes to purchase.

The withdrawal period will expire within 14 days calculated from:

     a. the date on which the Customer, or a third party other than the carrier and indicated by the Customer, takes physical possession of the products; or

     b. where the Customer orders multiple products in a single order to be delivered separately, the day on which the Customer or a third party other than the carrier and indicated by the Customer takes physical possession of the last product;

     c. in the case of delivery of a product consisting of several lots or parts, the day on which the Customer or a third party other than the carrier and indicated by the Customer takes physical possession of the last product or part.

In order to exercise the right of withdrawal, the Customer must inform the Company of the decision to withdraw, using an unequivocal statement, e.g. a notice sent by e-mail to the following address [email protected]. For this purpose, the Buyer can use the contact form in the Online Shop card or the email address [email protected].

The Company shall refund all amounts it has received as payment from the Customer without undue delay and in any event no later than 14 days from the date on which it is informed of the decision to withdraw from the contract. Reimbursement will be made using the same payment methods as those used by the Client for the initial transaction, unless the Client agrees with the payment method proposed by the Company. In this regard, the Company will reimburse the corresponding amounts by bank transfer to the IBAN account indicated by the Client in the declaration of withdrawal from the contract.

The Company may postpone the return of amounts to the Customer until the date on which the Company receives the goods.

The company will bear the direct cost of returning the products in respect of which the Customer exercises the right of withdrawal.

By law, the Customer is responsible for any diminution in the value of the returned products resulting from the  improper handling of the products that would determine the impairment of products nature, qualities and usage.

The following are exempted from the right of withdrawal from the contract:

     a. providing products whose price depends on fluctuations in the financial market which the Company cannot control and which may occur during the withdrawal period;

     b. supply of products made to Purchaser specifications or clearly customised;

     c. supply of products that are likely to deteriorate or expire quickly;

     d. the supply of excise goods marked with stamps, flags or any other specific marking applied in accordance with the legal provisions, the markings of which have been destroyed or damaged by the Customer;

     e. the supply of products which, after delivery, are, according to their nature, inseparably mixed with other items.

In the case of the above mentioned products, the Company will not give effect to the right of withdrawal and the Customer will bear any costs relating to the return of these products to the Customer.

Fraud

The Company does not ask its Members or Customers by any means of communication (e-mail/telephone/SMS, etc.) for information regarding confidential data, bank accounts/cards or personal passwords. The Company also assumes responsibility for ensuring an appropriate level of security of the personal data requested, as detailed in the Privacy Policy.

The Company disclaims any liability in the event that a User/Customer is/is harmed in any way by a third party claiming to be/representing the interests of the Company.

The Customer or User shall inform the Company of such attempts using the contact details.

Communications made by the Company by electronic means of distance communication (i.e. e-mail) shall contain the sender's complete and accurate identification data or links to it at the time of transmission of the content.

The following purposes, once achieved, will be considered as an attempt to defraud the Website/Content and/or the Company, and the Company reserves the right to initiate criminal proceedings against the person(s) who attempted to or did achieve such purpose(s):

1. to access data of any kind of another User/Customer by using an account or by any other method;
2. alter or modify the content of the Website or any correspondence sent by any means by the Company to the User/Customer;
3. affect the performance of the server(s) running the Website;
4. to access or disclose to any third party who does not have the necessary legal authority, the Content sent by any means by the Company to the User/Customer when the User/Customer is not the legitimate recipient of the Content.

Limitation of liability

The Company shall not be liable in any way to any User/Customer using the Website or the Content, other than to the extent of the items constituting the Terms and Conditions.

If a User/Customer believes that any Content sent by any means by the Company infringes copyright or any other rights, they may contact the Company for details as per the contact details so that the Company can make an informed decision.

The Company is not responsible for the Content, quality or nature of other areas linked to from the Content, regardless of the nature of such links. The owners of those domains are solely responsible for the content of those domains.

The Company shall not be liable for any use of the Websites and/or Content transmitted to the User or Customer, by any means (electronic, telephone, etc.), through the Websites, e-mail or an employee of the Company, when such use of the Content may or does cause damage of any kind to the User, the Customer and/or any third party involved in such transfer of Content.

The company does not give any direct or indirect guarantees that:

1. the service will be in accordance with the Client's requirements;
2. the service will be uninterrupted and error-free;
3. the products/services obtained free of charge or for a fee through the service will meet the customer's subjective requirements or expectations.

Subject to these Terms and Conditions, the operators, administrators and/or owners of the Website are in no way responsible for the relationships or consequences thereof resulting from, but not limited to, purchases, special offers, promotions, promotions, or any other type of relationship / connection / transaction / collaboration / etc. that may arise between Customers.

10.7. Promotional materials (including but not limited to campaign banners) used for the presentation of each campaign on the Company's website and/or Facebook page are solely for the promotion of the brands, and the use of banners shall not be construed as an obligation on the Company to actually stock for trading purposes the products that appear or may appear therein. Thus, only the products presented on the Website, having indicated their selling price and characteristics, serve the commercial purposes of the company (they are available for sale).

Force majeure

Unless they have expressly provided otherwise, neither party to a contract concluded and still in force shall be liable for the non-performance in due time and/or properly, in whole or in part, of any of its obligations under the contract if the non-performance of that obligation was caused by an event of force majeure.

The party or the legal representative of the party claiming the aforementioned event shall immediately and fully inform the other party of its occurrence and take any measures at its disposal to limit the consequences of the event.

The party or the legal representative of the party claiming the above event shall be relieved of this obligation only if the event prevents it from being performed.

If within 15 days of the occurrence of the event, the event does not cease, each party shall have the right to notify the other party of the termination of this contract without either party being entitled to claim any further damages.

The party claiming force majeure must provide proof of impossibility of performance within 30 days of the event.

Litigation

Any dispute regarding these Terms and Conditions that may arise between the User/Customer and the Company shall be settled amicably, with the parties making every effort to resolve it.

Any dispute of any kind that may arise between the User and the Company or its partners shall be settled amicably. If this is not possible, the dispute will be settled by the competent court at the Company's headquarters, in accordance with the Romanian laws in force.

If any of the above clauses shall be found void or invalid for any reason whatsoever, such clause shall not affect the validity of the remaining clauses.

This document has been drawn up and will be interpreted in accordance with Romanian law.

Final provisions

The Company will use reasonable efforts to notify Members of changes to these Terms and Conditions upon first accessing the Website following such changes.

Subject to the provisions of these Terms and Conditions, the Company shall not be liable for any errors occurring on the Website due to any cause whatsoever, including changes, settings, etc., not made by the Website administrator.

The Company reserves the right to place advertising banners of any kind and/or links on any page of the Website, subject to the legislation in force.

The rights and obligations of the parties imposed by this Agreement and all legal effects produced by this set of T&Cs shall be interpreted and governed by the applicable law in Romania. Any dispute arising from this agreement will be brought before the Romanian courts.