Terms and Conditions

GENERAL CONDITIONS
BOTANICAL IDENTIFYING DATA
ACCONT CREATION
- LOG IN WITH FACEBOOK
- PERSMISSIONS
  - PICTURES AND RECORD VIDEO
  - ACCESS PHOTOS, MEDIA, AND FILES ON YOUR DEVICE
WEBSITE USE LICENSE
- WEBSITE UPDATING
- WEBSITE COMPONENTS
- TECHNICAL CONDITIONS
SERVICE USE
- „CUSTOMIZE YOUR PERFUME” OPTION
  - TERMS OF USE
- PLACING ORDERS THROUGH THE WEBSITE
- OBJECT OF THE CONTRACT
- HOW TO ORDER
- PAYMENT METHOD
  - CASH PAYMENT ON DELIVERY
  - CARD PAYMENT
  - BANK TRANFER PAYMENT
  - SHIPPING PAYMENT
    - INTERNAL
    - INTERNATIONAL
  - THE RIGHT TO WITHDRAW FROM THE CONTRACT
  - PRODUCT DELIVERY

OFFERS AND PROMOTIONS
LIABILITY AND LIABILITY EXONERATION
RIGHTS TO INTELLECTUAL PROPERTY
CONFIDENTIALITY
FINAL PROVISIONS
- COMPLAINTS
  - PHYSICAL PERSONS – CONSUMERS
  - LEGAL PERSONS
- THE APPLICABLE LAWS

Terms and conditions

Botanical S.R.L.

General conditions

The use of the Botanical S.R.L. website (further referred to as „the website”) constitutes your consent to follow for following Terms and Conditions. Your consent, in this sense, will be given through ticking the corresponding field („I agree to the Terms and conditions”) before the creation of the account.

The terms and conditions apply to all users/clients of the website (further referred to as „clients”) and take priority over other deals made between the client and Botanical.

If we suspect a fraudulent account activity or behavior, we reserve our right to suspend it, restrict it or cease your access to the services offered through the website at any moment, without prior notice.

Botanical S.R.L. has the exclusive right to change the Terms and conditions at any time and without prior notice, and it is your responsibility to periodically consult it.

Botanical S.R.L. identifying data

The website is the property of Botanical S.R.L., headquartered in Tatarani, judet Prahova, str. Trandafirilor, nr. 7, postal code 107059, registered at the Commerce Registry under the nr. J29/2668/2022 having the FISCAL CODE 46817291, and e-mail address: [email protected], phone number: +40745630112.

Account creation

To use the website, you must create an account and connect to it.

To create an account, it is necessary to enter your name, an e-mail address and to set up your password (we recommend creating a strong password, which would contain at least a capital letter, a digit and a special character – ex. Botanicalpassword10#).

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

For more information regarding the way we process your personal data, please consult the privacy policy (hyperlink to policy).

Logging in with Facebook

If you log in to the website using your Facebook account, we use the information of that account, such as: name, profile picture and e-mail address. With all that, the collected data can differ according to the privacy policy and settings of these accounts. To verify what data you will share with us, before logging in with the Facebook account, we recommend you to click „Continue with Facebook” -> „Edit the info you provide”, to edit the data and only after that to click „Continue as ”.

Permissions

3.2.1. Pictures and record video

We need access to your phone camera to change your profile picture.

3.2.2. Access photos, media, and files on your device

We need access to the photo and media gallery and files stored on your phone so that you can change your profile picture, from the „My account” section, with an existing picture from your device.

Website use license

The company grants the clients a free, nonexclusive, nontransferable license without the right for sublicensing, on the territory of Romania, in conformity with the present Contract.

The client does not have the right to fully or partially redistribute the license granted through the present contract. The granting of the license by Botanical is conditioned by the continued compliance by the client to all limits, restrictions and other terms of license from the present Contract. If the client breaches any of the limits, restrictions or other terms laid down in the contract, the license grant will automatically and immediately end, without Botanical owing damages or compensation of any kind. The descriptions in the present section referring to the license define the limits of the right granted to the client by Botanical. Any use of the license outside the scope of the license or in a way that does not comply with the present contract constitutes a breach of Botanical intellectual property, as well as a breach of contract.

Website updating

If Botanical S.R.L. develops a better version of the website previously licensed to the client, the license previously granted will continue for the new version, through manual, automatic or semi-automatic download.

Website components

The website is licensed to the client as a unique product and it’s components cannot be separated for installation, access or distribution to tertiary parties.

Technical conditions

The website can be used in compliance with the following technical conditions:

Mobile device with an operating system: iOS 9+ or Android 6+;
Access to the internet.

To use the website and have access to the services offered through it, the client must own a mobile phone which corresponds to the technical requirements listed above. Botanical does not guarantee the compatibility of the mobile phone with the website. Regarding the use of the website, the mobile phone must have access to the internet, the client having to support any necessary costs towards this purpose.

It is forbidden to read copy or manipulate in any way the source code of the website, weather through hardware of software means. Any noncompliance will immediately lead to the banning of client from using the website, ho would also have to support the costs of the eventual resulting damages.

The client is obliged to inform Botanical immediately about the loss or destruction of the mobile phone used for the website, so that it can block the account and prevent unauthorized use of the website, which contains personal data (including partial data of the bank card used to pay for the products – for more information check the „Card payment” section hyperlink). The clients will be informed about the blocking of his account. The client will be responsible for any damage caused to Botanical and/or any of its collaborators through the failure of announcing the loss of the phone, especially in the case in which, as a result of the loss, a theft or an inappropriate use of the website was made possible.

Service use

The services offered through the website is addressed only to the people who accept the Terms and Conditions of the website and can be used only after the acceptance.

Botanical offers through the website the possibility to buy cosmetic products and to benefit from the „Take a photo of your complexion” option.

This product is not conceived for diagnosis, treatment, curing or preventing any disease. The same as any cosmetic product, you should consult your dermatologist regarding the use of the products recommended by the „Take a photo of your complexion” option.

„Customize your perfume” option

Through the „ Customize your perfume” option you have the possibility to respond to a set of questions, followed by finally receiving a suggestion for a customized perfume from Botanical SRL.

Terms of use

To benefit from the „Take a photo of your complexion” option, you must create an user account within the website. Thus you must follow these steps:

Download the website on a mobile phone that is compatible with the technical specifications indicated in point 4.3. above. Botanical does not guarantee the functionality of the website on any device belonging to the user;
Create a user account through filling out the available form or through logging in though Facebook. The user declared and guaranteed the given data is correct, complete and current. In the absence of the solicitated information you do not benefit of the services offered through the Botanical website;
Press the „Take a photo of your complexion” button at the bottom of the website, after which you have the possibility to upload a photo with your complexion and go through the questions in the survey.
- Placing orders through the website

To place orders through the website it is necessary to create a new account. To place orders, you will be asked to give the following information (if you did not enter the already): phone nr., details regarding the delivery address, payment method.

Botanical S.R.L. considers the data provided by you to be accurate, complete and current.

For more details regarding the way we process your personal data, please consult the privacy policy (hyperlink to the policy).

Object of the contract

The terms and conditions represent the provisions of the contract between you and Botanical S.R.L..

The object of the contract consists of: (i) the selling of products, in conformity with the stock availability; (ii) the offering of services (ex. The „Take a picture of your complexion” option).

The Price of the contract consists of the price of selling products shown in the website and within the order authorized through confirmation from Botanical.

The order placed by the client is considered accepted by Botanical when the client receives a confirmation from Botanical through which it is shown that the products are in stock and will be dispatched. In this sense, it is not necessary for the client to confirm that they received this e-mail.

The prices shown in the website are expressed in euros and have VAT (Value Added Tax) included. Botanical reserves the right to change the prices at any time.

The contract is considered over between the client and Botanical when the client receives from Botanical S.R.L., through electronic mail and/or SMS a shipping notice for the order.

How to order

The clients can place orders through the website, by adding the desired products to the card, followed by finalizing the order by following the steps shown in the website. Through finalizing the order, the client consents that all the provided data, necessary for the purchase, are correct, complete and current at the date the order is placed.

To place an order, you must follow these steps:

Browse our products

Inform yourself about our products on the site www.maisonolfactif.com or on the pages within the website, through the „Description” and „Additional Information” sections shown next to the product.

Choose the desired products

Once you find a product you want, enter the product page, select the quantity and press the „Add to cart” button.

The cart

After adding the product to cart, press the „Cart” button, where you can edit the quantity of selected products.

Delivery data

After you check the products, the quantity and the price and you approve of them, press the „Continue” button. Fill in the required information in the new window. If you previously filled in this information within the „My account” section, you just have to confirm the entered data.

Finalizing the order

Once the previous steps are completed, make sure once more the products from the cart are the ones selected, and then press the „Place order” button.

After this step you will receive a confirmation e-mail, with the order data.

Payment method

Currently we offer our clients two possibilities through which they can pay for the product price (contract price), those being cash payment on delivery or online bank card payment .

Cash payment on delivery

If you chose the cash on delivery payment method, you will pay for the products on delivery through the agents of the shipping company. This payment method is not available if the order is international, where you can only pay by card or by bank transfer.

Card payment

Ordered products can be paid for online as well, with a bank card, the payment through processed by mobilPay (Netopia L.L.C.). For more details regarding the mobilPay service, please consult the Terms and conditions on http://www.mobilpay.ro/terms.

A part of the data pertaining to your card is processed by Botanical S.R.L.. Thus, we store only a reference to the card using a code, the expiration, the first and the last 4 digits of the card nr. Otherwise, all data is processed by mobilPay.

Bank transfer payment

If you wish to make a bank transfer payment, we inform you that you must contact us, since right now the website does not technically allow the placement and conclusion of the order in this situation.

The contact data you can use for this purpose is:

Phone: +40745630112
Email: [email protected]

Thus, after you contacted us and we confirmed we have the products, before we send them to you and we have confirmed the sum that needs to be paid, please make the transfer for the communicated sum using one of the accounts below.

After the transfer, we ask you to send us the payment order so that we can send the ordered products in the shorted time possible.

	RON ACCOUNT	GBP ACCOUNT*	EURO ACCOUNT*
Name of the beneficiary	BOTANICAL S.R.L.
IBAN	RO04BTRLRONCRT0577996201
Currency	RON	GBP	EUR
SWIFT	BTRLRO22
BIC	BTRLRO22
*These account can only be used by people who do not reside in Romania.

Shipping payment
- Internal

The delivery of products is made through GLS General Logistics Systems Romania L.L.C. (further refers to as „GLS Romania” or „GLS”). The payment for shipping services is made separately from the order price, directly to the courier.

Thus, the cost of the orders shipped on the territory of Romania is between 17 and 20 lei, depending on the delivery are and is paid for separately on delivery, if you opted for online payment. If you opted for payment on delivery, the price which the courier will communicate you is composed of the price displayed when the order was places + the cost of shipping.

International

For orders from EU member states or states outside the EU, the cost of the transport is 120 lei and shipping will be made through DHL International Romania L.L.C. (further referred to as „DHL”).

For non-EU states the customs tax is paid for separately when picking up the package, the recipient. In this sense you will be contacted by a DHL representative (usually through e-mail) which will provide you with all the necessary information.

The right to withdraw from the contract

According to legal provisions, when you buy through our website, you have the possibility to withdraw from the Contract, under a term of 14 days from the product delivery, without giving a motive.

To exercise this right, you must communicate your decision within 14 days from receiving the products to the following contact data:

Botanical S.R.L, str. Trandafirilor, nr. 7, sat Tatarani, com. Bărcănești, jud. Prahova, cod postal 107059.
E-mail: [email protected]
Phone nr.: +

When you withdraw from a contract we will refund your purchase cost and shipping cost within 14 days from the withdrawal. With all that, we mention we will refund the money only after the return of the products.

To refund the sum, we use the same payment method you used to pay for the cost of the products and services, i we do now priorly convene differently.

When you exercise this right, you must immediately ship the products, but not later than 14 days from withdrawal, to the following address:

Botanical S.R.L, str. Trandafirilor, nr. 7, sat Tatarani, com. Bărcănești, jud. Prahova, cod postal 107059.

We mention that all the costs associated with the return of the products will be handles by you.

It is very important to remember you are considered responsible for any decrease in the value of the product.

The right to withdraw from the contract is not applicable in the following situations:

Products are custom made to your request;
If you opened the packaging of cosmetic products and/or other products that enter contact with the skin.
- Product Delivery

Botanical assures the proper packaging of the products and the sending of accompanying documents (bill, shipping documents).

The performance and delivery time of your order can vary between one and five business days, according to both the lab formulating program and the courier firm availability. Regarding the courier firms we mention the aforementioned term can be exceeded, as we cannot manage the effective delivery of a product after the it has been handed over to the courier.

Also, during the promotions displayed through the website, the aforementioned term may be longer, being influenced above all the production time of the products, but also by the number of orders.

Order delivery is assured through courier firms, both on Romanian and EU member states territories and outside the EU in Qatar, the USA etc. through DHL. Once handed over, the packages become the responsibility of the courier firm. Botanical S.R.L. is not responsible for eventual losses or damages resulted from the transport process.

Offers and promotions

With the exceptions of cases where it is provisioned differently, for each order there can be only one promotional code used and the code cannot be added after the placement of the order. The promotional code can be used according to the displayed campaign, in absence of differing provisions.

Liability and liability exoneration

As a user of the account created on the website, you are responsible for the data privacy of your account and password and for all activities carried out on your account.

The client is fully responsible for the ordering and use of products, especially in cases where the possibility of travel and consultation does not exist. Products may contain Vitamin A and derivatives, flower or fruit acids, AHA or depigmentation substances that can make the epiderma temporarily sensible.

Botanical informs the client through the current clause that the texture, color, shape etc. Of the products (both the content and the packaging) can differ from one product to another, as products are made with natural ingredients (ex. A products that will have oranges added can have both a lighter and a more pronounced darker color).

Also, we mention that the formulas by which the products are made can be modified from the initial recipe through its enrichment with new active ingredients meant to heighten the efficiency of the products. Thus, before using the products, we recommend you read the list of ingredients and if you know you are allergic to one of the ingredients, do not use the product.

Botanical products are cosmetic treatments that do not replace medical advice from a specialist and the use of which does not guarantee in all cases the desired results.

Although the ingredients used for the production of the products are of the highest quality and most clients get good results, the results can differ from case to case, considering each organism is different.

The results can also be influenced by hormonal conditions or other conditions of the user.

Botanical disclaims any liability resulted from any guarantee implicit or implied in reference to the possible results of the products. This Clause does not limit in any way your law given rights.

Rights to intellectual property

Botanical has the right to use including, but not limited to, any line of code, algorithms, technical innovations, photos and any other intellectual property associated to the website.

The only has limited rights regarding the website, which are expressly established in the present contract and does not have any other rights, implicit or otherwise.

The website is licensed, not sold, the clients having upon it only a nonexclusive right to use it.

Copying, distributing, publicizing, transferring, altering modifying the content of the website or the website’s license of use are all forbidden.

Processes of modifying, translating, deriving or attempts to alter the website for the purpose of finding the source code will be sanctioned according to Romanian law.

Any use of the website, information or data offered to the client for other purposes that the ones meant to fulfill your obligations is also forbidden.

The Botanical website and symbols are trademarked by Botanical.

Privacy

This website is secured, the following technical and organizational measures being implemented:

Use of the SSL certificates. The SSL certificates encrypt data before this can circulate the internet. Encrypted data can only be decrypted by the server they are addressed to. This, in principle, guarantees that the data sent to our website will not be stolen or changed;
Restricting data access conforming to the roles and permissions of the user;
Access to the databases is made through a random username and password. The databases can only be accessed from the company’s private network.

All card payments are processed by an authorized payment processor, mobilPay. For more details about the mobilePay service, please consult their terms and conditions: http://www.mobilpay.ro/terms.

A part of the data associated to your card will be processed by Botanical. Thus, we store only a reference to the card through a code, the expiration and the first and last 4 digits of the card. Otherwise, all data is processed by mobilPay

Botanical guaranteed, within the confines of the law, to keep the client’s personal data privacy and their right to protect their private life.

The data provided by the clients will remain Botanical property and will be used in relations with it’s business partners exclusively for the purposes of the performance of the contract.

In conformity with the General Data Protection Regulations (EU) nr. 679/2016, we can divulge your data to tertiary parties, like our proxies (the society that deals with the website maintenance, the accounting society) or our service providers (meaning mobilPay, courier firms).

For more details about how we process your personal data, please consult the Privacy policy (hyperlink to policy), and the Cookie policy (hyperlink to policy).

Final provisions
- Complaints

10.1.1. Physical persons – consumers

For the purpose of solving some eventual misunderstandings between you, as a consumer and Botanical, as a trader, that result from the contract, we inform you that you can resort to the European platform for Online dispute resolution.

The European platform for Online dispute resolution (ODR) is made available to you by the European Commission to raise safety and fairness for online buyers, offering access to quality tools to solve disputes.

You can access the ODR platform at the following internet address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=RO.

10.1.2. Legal persons

To solve some eventual misunderstandings between you and Botanical, we have to ask you to contact us to amicably remedy it. If the Parties do not reach an understanding, the appropriate court of justice from a territorial point of view is the one from the Botanical office.

Applicable law

The present contract is closed in English and is governed by the legislation of Romania.