TERMS AND CONDITIONS

maisonolfactif.com · BOTANICAL SRL

General conditions

Use of the website https://www.maisonolfactif.com/ (hereinafter the “website”) constitutes your acceptance of the Terms and Conditions set out below. In addition, to benefit from certain services offered through the website, you must create a user account, on which occasion, by ticking the field “I agree with the Terms and Conditions”, you also give your express consent.

The Terms and Conditions apply to all users of the website (hereinafter “users”) and take precedence over any other agreement concluded between them and BOTANICAL SRL.

If we suspect fraudulent activity or behaviour in the use of the website, we reserve the right to suspend, restrict, or terminate your access to the website at any time, without prior notice.

BOTANICAL SRL has the exclusive right to amend the Terms and Conditions at any time and without prior notice, and it is your responsibility to consult them periodically.

Identification details of BOTANICAL SRL

The website is the property of BOTANICAL SRL, with its registered office at str. Rudului, no. 51A, Ploiești, Romania, postal code 100024, registered with the Trade Register under no. J29/2668/2022 and holding tax registration code (CUI) 46817291, e-mail address: [email protected], Call center: +40745630112 (Monday–Friday, 09:00–18:00).

Creating an account

To be able to use certain services you must create an account and log in.

To create an account you need to enter your name and an e-mail address, and set an access password (we recommend a strong password containing at least one uppercase letter, one special character, and one digit).

After entering the e-mail address and setting an access password, you will receive an e-mail with a link through which you must confirm the creation of the account. Once the confirmation and verification process has been successfully completed, your account will be activated and you will be able to log in using the e-mail address and the password set when creating the account.

For more details on how we process your personal data, please consult the Privacy Policy.

Login with Facebook

If you log in to the website using your Facebook account, we use the account information, such as: name, profile picture, and e-mail address. However, the information collected may differ depending on the privacy policies or settings of these accounts. To check what information you share with us, we recommend that you click “Continue with Facebook” → “Edit the info you provide”, edit the information, and only then confirm.

Permissions

We need access to the photos, media, and files stored on your device so that we can change your profile picture, in the “My account” section, with a photo existing on your device.

Licence to use the website

BOTANICAL SRL grants the user a free, non-exclusive, non-transferable licence, without the right to sub-licence, on the territory of Romania, in accordance with this Contract.

The user has no right to redistribute, in whole or in part, the licence granted under this Contract. The grant of the licence by BOTANICAL SRL is conditional upon the user’s continuous compliance with all limitations, restrictions, and other terms of the licence. In the event of a breach of any of these, the grant of the licence will terminate automatically and immediately, without BOTANICAL SRL owing any damages or compensation of any kind. Any use of the website outside the scope of the licence, or in a manner not compliant with this Contract, constitutes an infringement of the intellectual property rights of BOTANICAL SRL.

Website updates

If BOTANICAL SRL develops an improved version of the website previously licensed to the user, the licence right previously granted will continue.

Technical conditions

The website may be used in compliance with the following technical conditions: a mobile device running iOS 9+ or Android 6+; a laptop/computer running Windows, Linux, or macOS; browsers Chrome, Firefox, Safari, Edge; internet access.

To be able to use the website, the user must have a technical device that meets the above requirements. BOTANICAL SRL does not guarantee the compatibility of your device with the website. The user bears any costs necessary for internet access.

It is forbidden to read, copy, or manipulate in any way the source code of the website, by any electronic or IT means. Any breach will immediately lead to the prohibition of the use of the website and services, and the user will bear the costs of any resulting damages.

The user is obliged to inform BOTANICAL SRL without delay of the loss or destruction of the device used to access the website, so that the account can be blocked and unauthorised use prevented. The user will be informed by e-mail of the blocking of the account and will be liable for any damage caused by failing to report the loss of the device.

Manner of use of the services

The services offered through the website are addressed to users and may be used only in accordance with this Contract.

Age limit

By using the website, the user attests that they are 18 years of age or, in the case of minors aged between 14 and 18, that they have obtained the consent of their parents for this purpose. We recommend that parents instruct their minor children not to transmit their data over the internet. Persons over 14 years of age may order the products displayed on the website only with the consent of their parents, who are responsible for transmitting the personal data of the minors and the bank card data to BOTANICAL SRL.

Placing orders through the website

To place orders through the website you need to create an account. When placing orders, the following information will be requested (if you have not already entered it): telephone number, delivery address details, payment method. BOTANICAL SRL considers the information provided by you to be accurate, complete, and up to date.

Subject of the contract

The Terms and Conditions of the website represent the provisions of the Contract between you and BOTANICAL SRL. The subject of the Contract is: (i) the sale of products, subject to stock availability; (ii) the provision of services.

The products sold through the website are perfumes.

The price of the Contract is the sale price of the products displayed on the website and included in the order validated by confirmation from BOTANICAL SRL. The order placed by the user is deemed accepted by BOTANICAL SRL at the moment the user receives a confirmation indicating that the products are in stock and are to be dispatched.

The prices displayed on the website are expressed in RON (lei) and include VAT. BOTANICAL SRL reserves the right to change the displayed prices at any time. The Contract is deemed concluded at the moment the user receives from BOTANICAL SRL, by e-mail and/or SMS, the order dispatch notification.

How to order

The user may place orders through the website by adding the desired products to the shopping cart and completing the order after following the indicated steps: viewing the products, choosing the products and adding them to the cart, checking the cart, completing the delivery details, and placing the order. By completing the order, the user confirms that all the data provided is correct, complete, and true as of the date the order is placed. After this step, you will receive a confirmation e-mail containing the order details.

Payment method

For deliveries within Romania, payment may be made either online, by bank card (with payments processed through the payment processor mobilPay (Netopia S.R.L.), as well as via Apple Pay or Google Pay), or cash on delivery, upon delivery, to the courier company’s representative.

For international deliveries, payment is always made in advance, before delivery, by online card or by bank transfer to the indicated account; cash on delivery is not available for international orders.

For more details about the service offered by mobilPay, please consult the Terms and Conditions displayed at http://www.mobilpay.ro/terms. Part of the information related to your card is processed by BOTANICAL SRL; we store only a reference to the card with a code, the expiry date, and the first and last 4 digits. All other data is processed by mobilPay or the payment processor.

Payment by bank transfer

If you are unable to make the payment directly on the website, you can contact us. The contact details you can use for this purpose are: Instagram @maisonolfactif; Call center +40745630112 (Monday–Friday, 09:00–18:00); Facebook Maison Olfactif; e-mail [email protected].

After you have contacted us and we have confirmed that we have the products in stock, as well as the amount due, please pay the communicated amount using one of the accounts below. After making the payment, please send us the payment confirmation through one of our communication channels, and we will deliver your ordered products as soon as possible.

LEI account — Banca Transilvania: Beneficiary name BOTANICAL SRL, IBAN RO63BTRLRONCRT0661303201, currency LEI, SWIFT BTRLRO22.

EURO account — Banca Transilvania: Beneficiary name BOTANICAL SRL, IBAN RO13BTRLEURCRT0661303201, currency EUR, SWIFT BTRLRO22.

Delivery of products and shipping cost

We ship internationally within the European Union, as well as to the U.K. and Switzerland. The countries to which we make international deliveries are: Austria, Belgium, Bulgaria, Czech Republic, Croatia, Denmark, Switzerland, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Norway, Netherlands, Poland, Portugal, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Hungary, the U.K., and the Vatican.

For international deliveries, payment is always made in advance, before delivery (for both products and shipping), by online card or by bank transfer to the indicated account. For deliveries within Romania, payment may be made either in advance (online) or cash on delivery, upon delivery, to the courier company’s representative.

Delivery within Romania is carried out via GLS, at a cost of 19 lei, depending on the delivery area, with an estimated delivery time of 1–2 business days.

For orders from EU member states or from outside the EU, the shipping cost is 120 lei, and the shipment will be carried out through the courier company DHL International Romania S.R.L. (hereinafter “DHL”). For non-EU countries, customs duties are also payable, separately, upon collection of the parcel, by the recipient; in this respect, you will be contacted by a DHL representative (usually by e-mail) who will provide you with all the necessary information.

The estimated delivery time is indicative and may be affected by external factors or by circumstances beyond the control of BOTANICAL SRL, such as: customs procedures, promotional campaigns or periods with a high volume of orders (for example sales, special offers, Black Friday), the need to replenish or restock certain products, delays on the part of suppliers, unfavourable weather conditions, busy periods, public holidays, or any delays caused by the carriers.

In such situations, the delivery time may be extended accordingly, and, where applicable, the customer will be informed of the new estimated deadline. BOTANICAL SRL makes all reasonable efforts to deliver orders in a timely manner but cannot be held liable for delays caused by circumstances beyond its control. Once handed over, the parcels become the responsibility of the courier companies, and BOTANICAL SRL is not responsible for any loss or damage occurring during the transport process.

Right of withdrawal from the Contract

Under Government Emergency Ordinance No. 34/2014, when you make a purchase through the website, you have the right to withdraw from the Contract within 14 days of the delivery of the products, without having to provide any reason. This right applies to the perfumes sold on maisonolfactif.com, under the conditions detailed below.

To exercise this right, you must inform us of your decision within 14 days of receiving the products, by means of an unequivocal statement (for example, using the withdrawal form we provide or the withdrawal function available on the website), at the following contact details: BOTANICAL SRL, str. Trandafirilor, no. 7, Tătărani village, Bărcănești commune, Prahova County, postal code 107059, Romania; e-mail [email protected]; Call center +40745630112, Monday–Friday 09:00–18:00.

When you withdraw from the Contract, we will refund the amount paid as stated on the invoice, namely the value of the products and the delivery cost, exactly in the amount shown on the invoice for your order. As delivery costs differ depending on the type of delivery (domestic or international) and the carrier chosen, the delivery amount refunded will be the one actually invoiced for the delivery of that particular order.

The refund will be made within 14 days of the date on which you notified us of your decision to withdraw. However, we may withhold the refund until we receive the products back or until you provide proof that you have sent them back, whichever is the earliest. For the refund, we will use the same means of payment you used to pay for your order, unless we subsequently agree otherwise; in no case will you incur any fees as a result of the refund.

Organisation and cost of the return

The return of the products is organised and fully covered by BOTANICAL SRL. After you notify us of your decision to withdraw, we will contact you to agree together on the logistical details of the return — in particular the address from which the products will be collected, the collection time slot, and the carrier that will pick up the parcel. Please keep the products available for collection and hand them over to the agreed carrier without undue delay, and in any event no later than 14 days from the date on which you notified us of your withdrawal. In order for the return to be collected at our expense, it must be carried out through the carrier and the method agreed upon with us; therefore, please do not ship the products on your own before agreeing with us on how the return is to be organised.

Condition of the returned products

To be eligible for return, the products must be in the condition in which you received them. The right of withdrawal may be exercised only as long as the perfume has not been unsealed. Sealed products (with film, safety cap, guarantee label, or another sealing system) may be returned only if the seal is intact. Once unsealed, perfumes can no longer be returned, for health-protection and hygiene reasons (Article 16(e) of Government Emergency Ordinance No. 34/2014). Unsealed perfumes must be returned with the original packaging and any accessories (box, leaflet, labels).

You are liable only for any diminished value of the products resulting from handling them in a way other than what is necessary to establish the nature, characteristics, and functioning of the products.

Exceptions

The right of withdrawal does not apply to sealed perfumes that have been unsealed after delivery, as these cannot be returned for health-protection or hygiene reasons, in accordance with Article 16(e) of Government Emergency Ordinance No. 34/2014. For unsealed perfumes, the right of withdrawal applies in full, within 14 days.

Model withdrawal form

(This form is optional and may be completed only if you wish to withdraw from the Contract.)

To: BOTANICAL SRL, str. Trandafirilor, no. 7, Tătărani village, Bărcănești commune, Prahova County, postal code 107059, Romania. E-mail: [email protected]

I hereby notify you of my withdrawal from the Contract concerning the sale of the following products:

....................................................................................

Order number: ......................................................

Date the order was placed: ..............................................

Date the product was received: ..............................................

Customer name: ...............................................................

Full address: .......................................................

Phone: ......................................................................

E-mail: .........................................................................

Signature (only if this form is submitted in hard copy): ............................................................

Date: ..........................................................

Contact details of BOTANICAL SRL

BOTANICAL SRL — J29/2668/2022, CUI RO46817291. Registered office: str. Rudului, no. 51A, Ploiești, Romania, postal code 100024. Call center: +40745630112 (Monday–Friday, 09:00–18:00). E-mail: [email protected].

LEI account — Banca Transilvania: Beneficiary name BOTANICAL SRL, IBAN RO63BTRLRONCRT0661303201.

EURO account — Banca Transilvania: Beneficiary name BOTANICAL SRL, IBAN RO13BTRLEURCRT0661303201.

BOTANICAL SRL factory: str. Trandafirilor, no. 7, Tătărani, Prahova County, postal code 107059, Romania. Contact phone: 0745630112.

Offers and promotions

Unless otherwise provided, only one promotional code may be used per order, and the code cannot be added after the order has been placed. The promotional code may be used in accordance with the displayed campaign. Some promotions are country-specific and are not available in all territories.

We want to keep you informed about the best offers for the products/services that interest you. To this end, we may send you messages (e-mail/SMS/telephone/mobile push/web push, etc.) containing information about products similar or complementary to those you have purchased, or about offers and promotions. These messages are sent on the basis of your consent, found in the Customer account → Options section. You may request to unsubscribe from any marketing channel by completing the form on the Contact page.

Liability and exemption from liability

As a user of the account created on the website, you are responsible for maintaining the confidentiality of the account details and password, as well as for all activities carried out through your account.

The user is responsible for ordering and using the products, in particular where there is no possibility of a prior test. Perfumes may contain ingredients and allergens; before unsealing and using them, we recommend that you carefully read the composition, and if you know you are allergic to any of the ingredients, do not use the product. If you notice an allergic reaction (for example skin irritation), stop using the product immediately and consult a doctor.

BOTANICAL SRL informs the user that the packaging of the products may differ from one product to another, and the photographs displayed on the website are for information purposes only. As the products may be manufactured in small batches, there may be slight differences in the shade of the composition between batches, influenced by the natural raw materials used; these do not constitute defects. BOTANICAL SRL declines any liability arising from any implied warranty as to the results that may be obtained using the products. This clause does not limit in any way your rights conferred by law.

Intellectual property rights

The content of the website belongs exclusively to BOTANICAL SRL, which reserves all rights obtained in this respect, including, but not limited to, any lines of code, algorithms, technical innovations, photographs, and any other intellectual property rights relating to the website.

The user has only limited rights with respect to the website, as expressly established in this Contract. The website is licensed, not sold, and the user has only a non-exclusive right of use over it. It is forbidden to copy, distribute, publish, transfer, alter, or modify the content of the website or the licence to use the website. The website and the symbols of BOTANICAL SRL are trademarks registered by BOTANICAL SRL.

Confidentiality

The website is secured, with the following technical and organisational measures implemented: the use of SSL certificates, which encrypt information before it travels over the Internet; restriction of access to information according to user roles and permissions; access to the databases carried out via username and password, only from the company’s network.

All card payments are processed by an authorised payment processor. Part of the information related to your card is processed by BOTANICAL SRL (a reference to the card with a code, the expiry date, and the first and last 4 digits); all other data is processed by the payment processor.

BOTANICAL SRL guarantees, under the conditions of the law, the confidentiality of the user’s personal data and the user’s right to the protection of private life. In accordance with the General Data Protection Regulation (EU) No. 679/2016, we may disclose your personal data to third parties, such as our processors (the company that maintains the website, the accounting company) or service providers (the payment processor, the courier companies). For more details, please consult the Privacy Policy and the Cookie Policy.

Final provisions

Complaints — natural persons (consumers)

In order to resolve any disputes between you, as a consumer, and BOTANICAL SRL, as a seller, we inform you that you may use the European Online Dispute Resolution (ODR) platform, provided by the European Commission, accessible at https://ec.europa.eu/consumers/odr/. You may also file a complaint with the National Authority for Consumer Protection (ANPC) — further information at https://anpc.ro/.

Complaints — legal persons

In order to resolve any disputes between you and BOTANICAL SRL, we kindly ask you to contact us with a view to settling them amicably. To the extent that the Parties do not reach an agreement, the territorially competent court is the one at the registered office of BOTANICAL SRL.

Applicable law

This Contract is concluded in the Romanian language and is governed by the laws of Romania.