This document sets out the Terms and Conditions governing the use of the www.etishe.com website and the purchase of products through the online store made available to buyers through this website.
The sale of products through this website is conducted under the name of ETISHE, by SP CREATION STUDIO SRL Company, Cluj-Napoca, Romania, Romanian legal entity, with its registered office in Cluj-Napoca, str. Rahovei no. 18, Cluj County, registered at the Trade Register Office near the Law Court of Cluj, with the order number J12/1191/2015, sole registration code RO34399063.
Please read the Terms and Conditions governing the use of the www.etishe.com website and placing orders through this website, before using and placing orders through it.
We reserve the right to make changes to the Terms and Conditions or to the www.etishe.com website without prior notice, these changes becoming mandatory and having immediate effect for all users/buyers. You have the responsibility to regularly read the Terms and Conditions of our website, each time, that version in force at the time of conclusion of the agreement or the use of the website.
By placing the order followed by accepting an order on our website, you – hereinafter referred to as Buyer – become a contractual customer of SP CREATION STUDIO SRL Company, hereinafter referred to as ETISHE (by the name of the website).
The agreement (as defined below) may be concluded, if you express your choice in this regard, in any of the languages in which the Terms and Conditions are available on this website.
Seller – SP CREATION STUDIO SRL Company, Cluj-Napoca, Romania, Romanian legal entity, with its registered office in Cluj-Napoca, str. Rahovei no. 18, Cluj County, registered at the Trade Register Office near the Law Court of Cluj, with the order number J12/1191/2015, sole registration code RO34399063.
Buyer – any natural entity, over the age of 18, or the legal entity that makes an Order.
Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller his intention to purchase products from the Online Store. An order will acquire contractual value only when it is expressly accepted by the seller.
Agreement – represents an order confirmed/accepted by the Seller and the latter agrees to deliver to the Customer/Buyer the ordered products (and only those ordered), in exchange for the price accepted by the latter, at the same time as placing the order. The agreement will be considered concluded only when sending to the buyer the confirmation of acceptance of the order issued by the Buyer.
The only owner of the products presented on the website www.etishe.com is SP CREATION STUDIO S.R.L. Company
2. ONLINE SALES POLICY
2.1. Users can place orders through the online store.
2.2. Placing an order through the online store requires prior registration in the form of a customer account, by entering your data on our website. Access to place an order is allowed to any user of our site. By placing an order you declare that you are over the age of 18 and that you meet the legal requirements to be a buyer. By placing the order you consent to the processing of personal data.
2.3. In using the service you will only provide real, accurate, current and complete information, which you authorize us to use to process your orders and to contact you.
2.4. Access for the purpose of placing an Order is allowed to any user, who becomes a buyer after the order is launched and it is accepted by the Buyer.
For justified reasons the Seller reserves the right to restrict the access of the user to place an Order and/or to some of the accepted payment methods, if he considers that, based on the user’s conduct or activity on the Site, his actions could prejudice us in some way. In any of these cases, the user may contact the Seller, to be informed of the reasons that led to the application of the above measures.
2.5. The seller may publish on the site information about products and/or promotions practiced by him or by any other third party with whom he has concluded partnership agreements, within a certain period of time and within the limit of the available stock.
2.6. All the prices related to products shown on the website are in Euro (EUR), including V.A.T.
2.7. In case of online payments, the Seller is not/cannot be made responsible for any additional charge borne by the Buyer, including, but without limitation to the currency exchange fees, applied by the issuing bank of his card, if the issuance currency thereof is different than RON or Euro. The responsibility for this action is only assigned by the Buyer.
2.8. All the information used to describe the products available on the Site (static/dynamic images/multimedia presentations etc.) is not a contractual obligation of the Seller, these being used exclusively for presentation purposes.
2.9. All orders submitted depend on the availability/possibility of creating the ordered products. Not all products presented in the online store are available at the time of placing the order.
2.10. After submitting an order you will receive from us, on the indicated e-mail address, at least the following information:
2.10.1 data on the availability of product;
2.10.2 the deadline by which the delivery will be made
2.10.3 data on the existence of the product in inventory and the possibility and delivery time.
3. INTELLECTUAL PROPERTY RIGHT
3.1. The content, including, but without limitation to logos, customised representations, trading symbols, static images, dynamic images, text and/or multimedia content, displayed on the Website, are the exclusive property of SP CREATION STUDIO SRL Company, all the rights obtained, directly or indirectly, being reserved to him (by licenses of use and/or publishing).
3.2. The user is not allowed to copy, distribute, publish, transfer to third parties the content of the site.
3.3. The user may only copy, transfer and/or use the Content for personal or non-commercial purposes, only if they are not contrary to the provisions of this section.
4. THE ORDER
4.1. The information provided in the Terms and Conditions on the website does not constitute a sale offer, but an invitation to tender (invitatio ad offerendum). There will be no agreement between you and us in connection with any product until your order is expressly accepted by us.
4.2. The order can be placed through the online store only. To do this, you will follow the online purchase procedure, completed by placing the order. Prior to the completion of the order, you will be expressly advised that placing the order involves your payment obligation. You will always be informed of the total price to pay and you will always have the opportunity to check and possibly correct your order.
4.3. The buyer can place Orders in the online store, by adding the goods/products to the shopping cart, following the completion of the order by making payment through one of the expressly indicated ways. After that, you will receive an email from us confirming receipt and acceptance of the order. The agreement between us regarding the purchase of a product (the “Agreement”) is concluded only when we send you the confirmation of receipt and acceptance.
4.4. By completing the order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
4.5. The Seller may cancel the Order made by the Buyer, following a prior notification addressed to him, without any subsequent obligation of one party to the other or without any party being able to claim the other damages in the following cases:
4.5.1. failure of the issuing bank to accept the buyer’s card, the transaction, in the case of online payment;
4.5.2. invalidation of the transaction by the card processor, in case of online payment;
4.5.3. the data provided by the buyer are incomplete and/or incorrect;
4.6. Information on product features is available on the product pages on our website. From a legal point of view, the content of the site is not a proposal for a purchase agreement, but a presentation of our offers. Therefore, if you place your order through the online store your order is an offer to buy a product listed on this Site. Your order is followed by our acceptance, as described above.
5. PRODUCT RETURN POLICY
5.1. Upon reception of the order, the buyer will check each item contained in the package and ensure that the products meet the specifications of the order and invoice. In case of any inconsistencies of any kind, the Buyer will contact the Seller (within maximum 24 hours after receiving the order) to resolve them. Any further claim will not be considered.
5.2. In case the products are damaged/have defects, and this has occurred before the delivery of order of the buyer or during the delivery, the Buyer will notify the Seller within 24 hours from the reception of the package. In such situations, the seller will replace the defective products. This case, the return policy from Art. 6 below will become applicable. The product with defects/labor defects will be replaced by a compliant one, within a time frame equal to the one of processing of the original order (calculated from the time of reception of the returned product), and the delivery costs (including for taking over the defective product) will be borne by the Seller.
5.3. If the size of the ordered products is not adequate, solely because of the Seller, the Buyer will notify the Seller of this situation. For such cases, the return policy described in Art. 6 below, the Seller will replace the product with one of the size initially indicated by the Buyer, within a time frame equal to the one of processing the original order (calculated from the moment of receiving the returned product), and the delivery costs will be borne by the Seller.
5.4. In the event that the buyer wishes to return the purchased product because the size of the product is not appropriate due to his exclusive fault, or for other subjective reasons, the seller will only accept the return of non-defective products, which are in their original state, have not been worn, modified or washed, with all labels attached and in the original packaging, except as provided at item 6.6. lower. In such a situation, all the delivery costs (including for the taking of the product) will be borne by the Buyer.
5.5. In the case of returning a product, the Seller will only take returns sent by courier companies, NOT by simple postal services. In the case of the return of a product that has been delivered outside Romania, the return will be taken only if it is sent by express courier companies “door to door service”, such as TNT, DHL, UPS, FEDEX or others.
6. LEGAL WITHDRAWAL RIGHT
6.1. The buyer has the right to withdraw from the Agreement, respectively to return an Asset within 14 calendar days, without invoking any reason and without incurring costs other than the return.
7. BILLING – PAYMENT
Thus, according to Art. 9 of GEO no. 34/2014, the return period of an asset/product expires within 14 days from:
6.1.1. the date when the Buyer or a third party other than the carrier that is indicated by the Buyer acquires physical possession of the asset;
6.1.2. if the Buyer orders by a single order multiple products that will be delivered separately, the day on which the Buyer or a third party other than the carrier and indicated by the Buyer acquires physical possession of the last product;
6.1.3. in the case of delivery of a product consisting of multiple lots or pieces, the day on which the Buyer or a third party other than the carrier and indicated by the Buyer acquires physical possession of the last product or the last piece;
6.2. In order to exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw, using an unequivocal statement, for example, an information sent by e-mail to the e-mail address: [email protected]
6.3. If the Buyer requests the withdrawal from the Agreement within the legal term of withdrawal from the agreement, the Seller shall reimburse the amount paid to the buyer within a maximum of 14 (fourteen) days from the date the Seller informed the Buyer about his decision to withdraw from the Agreement. The reimbursement of the amounts will be made using the same payment methods as those used by the Buyer for the initial transaction.
6.4. The seller may postpone the return of the amounts to the Buyer until the date he receives the products back.
6.5. According to the law (Art. 14 paragraph 3 of GEO 34/2014), the Buyer is responsible for diminishing the value of the returned products resulting from the manipulation of products, other than the manipulations necessary to determine the nature, qualities and functioning of the products.
6.6. According to the provisions of Art. 16 of GEO 34/2014, the following are exempted from the right of withdrawal:
6.6.1 .service agreements after the service has been fully performed if the performance has begun with the Buyer’s prior express consent, and with the acknowledgment that he will lose his right of withdrawal once the agreement is fully performed by the Seller;
6.6.2. the supply of assets or services for which the price is dependent on fluctuations in the financial market, which cannot be controlled by the Seller and which may occur within the withdrawal period;
6.6.3. the supply of custom made assets/products, customized according to the specifications presented by the Buyer or customized;
6.6.4. the supply of assets that might deteriorate or expire rapidly;
6.6.5. the supply of sealed assets, which are not suitable for return due to health protection or hygiene reasons and were unsealed by the Buyer
6.6.6. the supply of Assets that are, after delivery, according to their nature, inseparably mixed with other items;
6.6.7. the supply of sealed audio or video recordings or sealed computer software, which were unsealed after delivery;
6.6.8. the supply of newspapers, periodicals and magazines, with the exception of subscription agreements for the supply of such publications;
6.6.9. the supply of digital content that is not supplied on a tangible support if the performance has begun with the Buyer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
6.7. In the case of the products mentioned in Clause 6.6. above, the Seller will not enforce the right of withdrawal and the Buyer will bear any costs regarding the return to the Buyer of these products.
6.8. The company SP CREATION STUDIO SRL will only accept the return of non-defective products, which are in their original state, have not been worn, modified or washed, with all the labels attached and in their original packaging. Please notify us immediately, upon receipt of any order without a label, if you wish to return the product. We advise all customers to thoroughly check the products they have received, before removing the original labels and packaging.
The costs of returning the products will be your sole responsibility. If you wish to return the products with refund, we are entitled to refuse to take over the package.
6.9. The full return of the paid amount will be made only for the products that are not executed to order, those that are not customized and only if the returned products are in the state in which you received them, they do not present physical changes, signs of wear, lack labels, related instructions and original packaging (which must be complete and undamaged). The responsibility for damage or loss of the returned product is the sole responsibility of the Buyer.
6.10. If the product has been used by the Buyer and cannot be returned in perfect condition, we will not be able to return its value. You are therefore liable for any diminished value of the assets resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
7.1. The prices of the Assets/products displayed on the website www.etishe.com include VAT according to the legislation in force, but do not include the delivery costs.
7.2. The price and the method of payment are specified on each Order. The Seller will issue to the Buyer an invoice for the delivered Assets, the Buyer being liable to provide all the necessary information to the issuance of invoice, according to the legislation in force.
7.3. The Seller will send to the Buyer the invoice for the Order containing the assets/products sold, as well as for any other payments related to the Order, in electronic format, to the e-mail address mentioned by the Buyer, in the latter case, the Buyer expressing his agreement to receive the invoices. in electronic format by electronic mail, at the indicated e-mail address.
7.4. The Company SP CREATION STUDIO SRL accepts as payment method:
7.4.1. PayPal system. You can create your PayPal online account here.
7.4.2. Payments made through the Stripe platform.
8.1. The delivery of the purchased products to the Buyer is achieved through a fast courier company. The Seller may disclose to the courier company a series of personal data of the Customer necessary for the purpose of providing the delivery services of products ordered by the Buyer.
8.2. Deliveries will be made on average, within 2-10 business days after ordering, except for the legal holidays. In the case of special campaigns, the delivery time may be modified, the Buyer being notified by them by email, message or phone call.
9. TRANSFER OF THE PROPERTY OF PRODUCTS
9.1. The ownership of the products will be transferred at the time of their delivery to the location mentioned on the Order. The delivery will be considered accomplished when the Buyer or a third party designated by him, enters into the physical possession of the ordered products. Any reimbursement of price, for any reason, made by the Seller, will have the direct and immediate effect of the Seller’s re-entry into the ownership of products.
9.2. All risks related to the products will be returned to the Buyer upon delivery.
10. QUALITY AND WARRANTIES
10.1. Each product marketed by SP CREATION STUDIO SRL company benefits from a compliance guarantee in accordance with the provisions of Law 449/2003, including for cases in which the quality information of the offered products is missing.
Etishe grants for the products marketed through the online store a guarantee period for deficiencies not imputable to the consumer in accordance with the legal provisions. The commercial guarantee granted by Etishe is 30 calendar days from the moment of delivery of the product. The purchase invoice is required to apply the guarantee. Any notifications regarding the quality of products during the validity of warranty will be addressed to Etishe using the contact details available on the website of the online store.
10.2. According to Art. 11 of Law 449/2003, each Buyer may request in case of non-compliance, repair, replacement of the product within the limit of available stock, or return of its value.
11. FORCE MAJEURE
11.1. Except where expressly provided otherwise, neither party to an agreement, which is still in progress shall be liable for failure to timely and/or properly, in whole or in part, any of its obligations incumbent on the agreement, if the non-performance of the relevant obligation was caused by a force majeure event.
11.2. The party or the legal representative of the party invoking the aforementioned event will notify the other, immediately and completely, of its production and take any measures available to limit the consequences of that event.
11.3. The party or legal representative of the party invoking the aforementioned event shall be exempted from this obligation only if the event prevents it from completing it.
11.4. If within 15 days from the occurrence, the relevant event does not cease, the parties are entitled to notify their ceasing by full right of this agreement without any of them to pretend other damage interests.
11.5. The party invoking the force majeure event must prove the impossibility of executing the obligations within 15 days from the event occurrence.
12.1. Any dispute regarding these Terms and Conditions that may arise between the User/Buyer and S.C. SP Creation Studio SRL will be resolved amicably, the parties submitting all the necessary diligence in this regard, and if this is not possible, the disputes will be settled by the competent Romanian courts.
12.2. If any of the above clauses is found void or invalid, for whatever reason, this clause will not affect the validity of the other clauses.
12.3. The rights and obligations of the parties, imposed by this agreement, as well as all the legal effects that this set of T&C produces, will be interpreted and governed by the law applicable in Romania.
13. FINAL PROVISIONS
13.1. SC. SP Creation Studio SRL has the right to revise and modify the Terms and Conditions on an occasional and discretionary basis, but will take reasonable care to notify Users/Buyers of the changes made to these Terms and Conditions.
13.2. Within the limits of these Terms and Conditions, SC. SP Creation Studio SRL will not be held responsible for any errors that occur on the Website for any reason, including due to changes, settings, etc. that are not made by the Website administrator.
13.3. The Company reserves the right to introduce advertising banners of any kind and/or links on the website page, in compliance with the legislation in force.
13.4. Any complaints from the buyers will be addressed in writing to [email protected]