TERMS AND CONDITIONS
Website www.lilycharme.com is owned and operated by LILY CHARME S.R.L,
with registered office in Bucharest, Sector 3, STR. BABA NOVAC, NR.17,BL.G13 , AP.45, tax identification code 46932207, Trade Register registration number J40/19439/2022
Introducere
Welcome towww.lilycharme.com , an online space dedicated to selling products. We are delighted to have you as our guest and invite you to explore and utilize our services. In order to provide you with a safe, transparent and beneficial experience on this website, it is essential that you understand and accept our terms and conditions.
These Terms and Conditions set out the rules and responsibilities that govern your use of our website. By accessing or using this website, you agree to all of the provisions set forth herein and you agree to be bound by them. Please read these terms carefully, as they affect your rights and obligations as a user of our website Understanding and accepting these terms is crucial to ensuring a harmonious online environment and protecting both your interests and ours. Therefore, we encourage you to take the time to read these terms and to contact us if you have any questions or concerns Thank you for choosingwww.lilycharme.comand we invite you to explore all the products we offer with confidence. For any questions or inquiries, please contact us using the contact information provided in these terms and conditions.
CLIENT - The person who has successfully registered an online order on the SITE.
ORDER - an electronic document that intervenes as a form of communication between the Seller and the Buyer by which the Buyer transmits to the Seller, through the Website, his intention to purchase Goods and Services offered by the Seller, as well as the personal data necessary to register the order: name, surname, year of birth, place of delivery, number of products requested and any other specific information necessary for confirmation.
COMMERCIAL COMMUNICATIONS - Every type of message sent (such as: e-mail/SMS/phone call/mobile push/webpush etc.) containing general and thematic information, information on products similar or complementary to those you have purchased/viewed, information on offers or promotions, information on Goods and Services added in the "My Account/My Account" section, as well as other commercial communications such as market research and/or opinion polls consent of the data subject - is the freely given, specific, informed and unambiguous consent of a person by which he or she accepts, by an unambiguous statement, declaration or action, that personal data relating to him or her may be processed;
CONT -the section of the Website consisting of an e-mail address and a password that allows the Customer to submit Orders and contains information about the Member and the Member's history on the Website (Orders). The Customer/Member is responsible and shall ensure that all information entered when creating the Account is correct, complete and up to date.
CONȚINUT:
- the content of any message sent to VISITORS, MEMBERS or CUSTOMERS by LILY CHARME S.R.Lby electronic means and/or any other available means of communication;
- any information communicated by any means by an employee or collaborator of LILY CHARMES.R.Lto the VISITOR/MEMBER or CLIENT, according to the contact information specified or not specified by him/her;
- information related to the products, services and/or tariffs practiced by LILY CHARME S.R.L in a given period;
- information related to the products, services and/or tariffs practiced by a third party with which LILY CHARME S.R.L has entered into partnership contracts, in a given period;
- data relating to LILY CHARMES.R.Lor other privileged data relating to it.
CONTRACT - any contract concluded between the trader and the consumer under an organized distance sales or service-provision scheme, without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time of the conclusion of the contract;
PERSONAL DATA - Any information relating to an identified or identifiable natural person ("data subject"). Examples of personal data: person's name and surname, home address, email address in the form prenume.nume@domeniu.ro, national identity number, telephone number, customer identification codes/online identifier, location data, etc;
DOCUMENT - These Terms and Conditions.
MEMBRU - The natural person who wishes to benefit from a pleasant and easy experience in terms of browsing the Website, placing and managing orders and registers by creating an ACCOUNT
NEWSLETTER/ALERT - The means of periodical information, exclusively electronic, on products, services and/or promotions offered by LILY CHARMES.R.Lin a given period, without any commitment on the part of LILY CHARME S.R.Lwith reference to the information contained therein.
PERSONAL DATA CONTROLLER - Personal data controller means the natural or legal person, public authority, agency or other body which alone or jointly with others determines the purposes and means of the processing of personal data;
PROCESSING - Any operation/set of operations on personal data (whether or not by automated means), namely collecting, recording, organizing, structuring, storing, adapting, altering, modifying, retrieving, consulting, using, disclosing, disseminating, making available, aligning, combining, limiting, erasing, destroying, etc. (representing any kind of operation in relation to personal data);
PRICE - The price charged for the sale of the products. The prices displayed on the website include VAT.
SERVICE - The e-commerce service available on the Website through which the CUSTOMER purchases products.
WEBSITE - the online presentation formwww.lilycharme.comand its subdomains.
REPAYMENT - The collection or reimbursement of an amount resulting from the sale of a product/service by LILY CHARME S.R.Lto the Client, by using the services of the card processor agreed by LILY CHARMES.R.Lor by bank transfer, regardless of the delivery method.
VISITOR - Any person who has access to the WEBSITE CONTENT.
CONTRACTUAL DOCUMENTS
- By accessing and using the Website, you agree to contract electronically with DmLiving.roand agree to these Terms and our Privacy Policy. You agree that these electronic Terms, combined with your act of using the services offered on our website, have the same force and effect as your written signature and comply with the applicable legal provisions
- You also agree that you will not challenge the validity, enforceability or admissibility of these Terms on the basis that they have been transmitted or authorized in electronic format. In addition, you acknowledge that you have had the opportunity to print this Agreement and have been made aware of all of your rights and obligations as a user of our website.
- By registering an Order on our website, the Customer agrees to the form of communication (telephone or e-mail) by which the Seller conducts its business operations, as well as the form of communication used by our website.
- By using the Site/Content/Service, the Visitor, Member or Customer is solely responsible for all activities arising from its use. Also, he/she is responsible for any material, intellectual or electronic damage or any other damage caused to the Site, the Content, the LILY CHARMES.R.L Service or to any third party with whom LILY CHARMES.R.L has entered into contracts, in accordance with the Romanian legislation in force
- If the Visitor, Member or Client does not agree and/or does not accept this Terms and Conditions Document, he/she will send an e-mail to office@lilycharme.com cu stating the reasons and/or requesting the changes.
- If the Visitor, Member or Client no longer wishes to receive from LILY CHARME S.R.L newsletters/alerts and/or communications for marketing and advertising/promotional purposes through any communication channel (electronic, telephone, etc) he/she may make the UNSUBSCRIBE request available in any communication via e-mail or by sending a written request to the address and to the personal data protection officeroffice@lilycharme.com
- If the Client has paid the consideration of all outstanding Contracts towards LILY CHARMES.R.Land revokes its consent expressed in favor of the Document during the course of an Order, LILY CHARMES.R.L will cancel its Order without any further obligation of either party towards the other or without either party being able to claim damages from the other.
- This Website is intended only for persons who have read and agree to the Terms and Conditions Document and who have not been suspended or removed by LILY CHARMES.R.L, regardless of the reason for suspension or removal
INTELLECTUAL PROPERTY RIGHTS
- 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 Website, are the exclusive property of www.www.lilycharme.com, which reserves all rights obtained in this respect directly or indirectly (through licenses of use and/or publication).
- Except as expressly provided in these Terms, the Visitor, Member or Customer is expressly prohibited from copying, selling, assigning, attributing, renting, reproducing, distributing, modifying, decompiling, reverse engineering, creating derivative works similar to the Website, publicly displaying, publicly performing, commercializing, downloading, storing, transmitting, disclosing, transmitting, disclosing or otherwise exploiting any portion of the Website or any content available on or through the Website without the express prior written consent of LILY CHARME S.R.L.
- Any Content to which the Visitor, Member or Client has and/or obtains access by any means whatsoever is subject to the Document, unless the Content is accompanied by a specific and valid user agreement between LILY CHARMES.R.Land the Visitor, Member or Client, and without any express or implied warranty or guarantee made by LILY CHARMES.R.L with respect to that Content
- www.lilycharme.com , in the form of name, trademark, and any scriptural or graphic representation, belongs to LILY CHARME S.R.L
- No Content transmitted to Visitor, Member or Customer by any means of communication (electronic, telephonic, etc.) or acquired by accessing, visiting and/or viewing it does not constitute a contractual obligation on the part of LILY CHARMES.R.Land/or the LILY CHARMES.R.Lemployee/employee who has brokered the transfer of the Content, if any, to that Content
- Any use of the Content for any purpose other than as expressly permitted by this Document or the accompanying user agreement, if any, is prohibited.
IN CONNECTION WITH THE INFORMATION PRESENTED
- www.lilycharme.com strives to provide complete, accurate and up-to-date content at all times. However, it is not possible to ensure that the website is completely free from human or technological error. Notwithstanding our efforts, our website may contain typographical inaccuracies, errors or omissions, some of which may relate to pricing and availability, and some information may be incomplete or out of date. Therefore, we do not warrant and are not responsible for the accuracy, reliability, completeness or usefulness of the content available on or through our website.
- We have also made every effort to display as accurately as possible the colors, sizes and shapes of the products that appear on our website. However, we cannot guarantee that the computer monitor display for any product will be accurate. The pictures, photographs, images, images, videos and graphics on our website are for illustrative purposes only.
ON-LINE SALES POLICY
- Any information used to describe the Goods and/or Services available on the Site (images, descriptions, recommendations, etc.) does not represent a contractual obligation on the part of www.lilycharme.com , and is used solely for presentation purposes.
- Access to the Service is permitted to any Visitor/Member/Customer who accepts the provisions of the Document.
- S.R.L LILY CHARME S.R.Lreserves the right to limit the Visitor/Member/Customer's access to the Service and marketing campaigns (not to include him/her in the promotion and loyalty campaign, to allow him/her to order only with prepayment, etc.) and the right to cancel orders already placed in the following cases:
- placement and refusal of an order in the cash on delivery (cash on delivery) system;
- more than 2 orders subsequently canceled by the Customer by using the "Cancel Order" button or notification from the Customer sent in writing to the email address office@lilycharme.com or modification of orders to decrease the order for more than 2 orders by written notice from the Customer to the email addressoffice@lilycharme.com ,
- use of biased language,
- infringement of intellectual property rights etc.
- the access and existence of the Client's Account could in any way harm LILY CHARMES.R.L .
- LILY CHARMES.R.Lreserves this right except in the permitted cases specified in paragraph< Conditions for Modification of Orders >and whichever of the above criteria is met first. This right may be exercised at any time and there is no need to notify the Customer to this effect.
- LILY CHARME S.R.L may refuse an order upon prior notice to the Customer, without any obligation between the parties and without either party being able to claim damages, for the following situations:
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- The failure/invalidation of the online transaction;
- The Customer's card issuing bank's non-acceptance of the Customer's card/transaction;
- Provision of incomplete or incorrect data by the Customer;
- The Client's activity may cause damage to the websitewww.www.lilycharme.com , to LILY CHARME S.R.LSA and/or its partners;
- The Client uses the Service in a manner inconsistent with normal custom and good faith or exercises his/her rights in order to injure or damage LILY CHARMES.R.Lin an excessive and unreasonable manner, contrary to good faith;
- Customer's consecutive failed deliveries.
- Other justified reasons (e.g. unjustified placing and relinquishment of several orders)
PRODUCTS AND SERVICES
- LILY CHARME S.R.Lmay publish on the Website information about products, services and/or promotions offered by it or by any other third party with whom LILY CHARMES.R.Lhas concluded contracts or partnership agreements, within a given period and within the limits of available stock
- Products and/or services purchased through the Service are for the exclusive personal use of the Customer.
- LILY CHARMES.R.L may limit the ability to purchase products or services available on the Site at any given time to one or more Customers for good reason.
- All prices for products or services presented on the website are expressed in lei (RON).
- Invoicing of purchased products is made exclusively in RON using the information provided by the Customer in the form provided. LILY CHARMEis not responsible for the correctness of the information provided by the Client for the invoice or for the impossibility to deduct expenses due to incorrect information provided by the Client. The invoice is issued and sent together with the products. For corrections (cancelations, returns), a reversal invoice is issued. All invoices are issued and recorded automatically and included in tax reporting. No corrections are accepted except for those changes to invoices made by legal methods and within legal deadlines.
- Payment for products and/or services purchased through the service can be made both online by debit card, by bank transfer and on delivery to the courier (cash on delivery).
- In case of online payments by card, LILY CHARMES.R.Lis/cannot be held responsible for any additional costs incurred by the customer, including but not limited to currency conversion fees applied by the issuing bank of his/her card, in case the currency of issue of the card differs from RON. The responsibility for this action lies solely with the customer
- Payment in cash or through the POS system (payment directly to the agent by card) is a method of delayed payment of the Products, with the risk for LILY CHARME S.R.L of withdrawal of the Client from the Contract. Therefore, this option is only available for orders of 200 RON or less. When placing the order, the Customer is informed and expressly accepts the selected/available payment method
- LILY CHARMES.R.L reserves all rights to apply or not this option according to internal criteria
- LILY CHARME S.R.LCANNOT be obliged to offer the option of Payment of the order in cash on delivery (courier) to customers with a proven history of refusing/cancelling orders or who by their activity contrary to normal custom and good faith may in any way cause damage to thewww.lilycharme.com website, to LILY CHARME S.R.L SA and/or its partners.
- In the images of products and/or services, LILY CHARMES.R.Lreserves the right to use other products (accessories, etc.) which may not be included in the cost of the products concerned and therefore will not be delivered with the purchase of the products. In this case, it shall be expressly stated in the description of the products which good is for sale and shall also be marked in the picture
ON-LINE AND TELEPHONE ORDERS
- Morrow orders must be placed, confirmed and validated by LILY CHARMES.R.L at least 48 hours before the shipment date
- The price displayed on the website at the time of order will not change and is firm. The price includes VAT, no more orders can be placed for an offer that has expired. LILY CHARME can change prices, offers, quantities at any time according to internal criteria (geographical location, stock availability, etc.) while respecting orders/contracts already placed.
- By finalizing the order, the Customer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the date of placing the order, referred to herein as the order issued.
- The distance contract is considered concluded by LILY CHARME S.R.L in Romania, when the order placed by the Client is electronically confirmed and subsequently validated by LILY CHARME S.R.L .
- Before validating the Client's order and before dispatching the Products, LILY CHARME S.R.L has the right to contact the Client, by any means available/agreed by LILY CHARME S.R.L(by telephone or e-mail), in order to obtain the Client's personal confirmation of his/her identification and delivery data. Customers accept that LILY CHARMES.R.L cannot be forced to validate/deliver products to persons who have not confirmed delivery and identification data
- Visitor/Customer/Member may place telephone orders which will subsequently be confirmed AND validated in writing by LILY CHARMES.R.L and the Customer.
RĂSPUNDERE
- LILY CHARME S.R.Lshall not be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Visitor, Member or Customer's performance of any of its obligations under the Order and for damages arising from the use of the Goods and Services after delivery.
- By creating and using the Visitor, the Member or the Customer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his/her Account
- By creating the Account and/or using the Content and/or placing Orders, the Visitor, Member or Customer expressly and unequivocally accepts the Terms and Conditions of the Website in the latest updated version that is communicated on the Website, existing at the date of creation of the Account and/or use of the Content and/or the date of placing the Order.
- LILY CHARMES.R.L will unilaterally terminate and automatically cancel the order placed by the Client, even without prior notice to the Client, 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:
- The Customer's card-issuing bank's non-acceptance of the transaction in the case of online payment;
- Invalidation of the transaction by the card processor approved by LILY CHARME S.R.L , in case of online payment;
- The information provided by the Client regarding delivery (address, contact details) on the website is incomplete or incorrect;
- The Client's activity on the website may and/or may cause damage of any kind on the part of LILY CHARME S.R.L and/or its partners;
- Making more than two consecutive failed deliveries;
- For other objective reasons.
- If the Client cancels an order with payment made in advance, by confirmed bank transfer or by online card payment solution and where the Client's card issuing bank has authorized the bank transaction, the amount will be refunded by LILY CHARME S.R.L within 14 days from the date on which LILY CHARME S.R.L has become aware of this fact
- In the event of resolution or, as the case may be, termination of the contract due to LILY CHARME S.R.L fault, if the Client has made the payment in advance, by confirmed bank transfer or by online card payment solution and where the bank issuing the Client's card has authorized the bank transaction, this amount will be refunded by LILY CHARME S.R.L within a maximum of 7 days from the moment of termination of the contract.
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- If some products ordered by the Client through a prepaid order (by confirmed bank transfer or online card payment solution) are temporarily out of stock for reasons beyond LILY CHARMES.R.LS.R.L control, LILY CHARME S.R.L will inform the Client of this fact as soon as it becomes aware of the unavailability and will offer the following options:
- reimbursement of the sums paid in advance within a maximum of 7 days of notifying the client.
- delivery of the order as soon as the products become available with prior notification and confirmation to the customer;
- For orders paid by credit card, the amount will be returned to the same card used for the transaction.
DATE REGARDING MODIFICATION OF COMMENTS
- An order placed may be modified only in the following situations and only at the Customer's request:
- Customer shall request this in writing by sending an e-mail to office@lilycharme.com clearly stating the request and the order number;
- Customer withdraws or decreases the quantity of a product and notifies LILY CHARMES.R.Lat least 96 hours prior to shipment of the order;
- Increasing the quantity of an already existing product in an order a minimum of 48 hours prior to shipment of the order;
- Changing the delivery address at least 24 hours before the order is dispatched;
- Changing the method of payment at least 24 hours before the order is dispatched;
- Change Invoice data at least 24 hours before the order is shipped.
- For invoices already issued, no changes can be made regarding the legal/physical person (replacement with a new person), only corrections (name/name, contact details, etc.)
- Orders cannot be modified, if the Client opts for online payment or by bank transfer of the amount of the order, except with prior confirmation from LILY CHARMES.R.L
- If a Client modifies his/her personal data, using the forms available on the website, all orders in progress existing at that time keep the data defined/accepted by the Client before the moment of the modification, taking into account, for delivery and contact, the new data modified accordingly.
- An order placed can be canceled prior to shipment via the "Cancel Order" button in the Customer Account or by requesting the Customer in writing by sending an e-mail to
office@lilycharme.com office@lilycharme.com , clearly stating the cancellation and the order number at least 48 hours before the shipment date. - On any order placed, the customer is obliged to verify and accept the contractual framework.
DELIVERY OF THE CONTRACT AND TERMINATION OF THE CONTRACT
- LILY CHARME S.R.Lwill issue and transmit to the Client all necessary documents proving the purchase of the products/services by the Client in accordance with the legislation in force.
- LILY CHARME S.R.L will facilitate informing the Customer about the stage of finalization of his/her order by sending an information e-mail to the address indicated by the Customer. The invoice issued will include all the mandatory mentions in accordance with art. 319 of Law no. 227/2015 on the Fiscal Code.
- The Contract, to which the documents attesting the delivery of the parcel to the Client by the courier (signed AWB and Decontacte) from LILY CHARMES.R.Lare added, becomes the Honored Contract.
- The Contract is entered into for a fixed term. It shall be deemed to have been concluded when the Parties have performed their mutual obligations within the terms and conditions set forth herein.
- If there are differences between the number of products ordered (as can be accessed from "My Account") and the contents of the parcel, the Customer is obliged to notify LILY CHARMES.R.L and within 24 hours of receipt of the parcel, by phone or by e-mail to office@lilycharme.com , providing details (photo, explanations, etc.)
SHIPPING OPTIONS AND COSTS
- The transportation of parcels is against cost and is the responsibility of the customer. The transportation cost will vary according to the weight of the product ordered and will be communicated by LILY CHARMES.R.LS.R.L at the time of order confirmation. LILY CHARME S.R.Ldelivers parcels via courier operators.
- LILY CHARME S.R.Loffers the service of delivery to the front door of the building at the delivery address specified at the time of placing the order, as long as the characteristics/particularities of the location allow the delivery to be made without violating the legal regulations on labor safety. If the delivery cannot be carried out without violating the legal provisions, the service provider, LILY CHARMES.R.Lor the courier company may refuse the delivery in front of the door of the dwelling/mobile home
RIGHT OF RETURN
- In accordance with current legislation and our commercial policy, you have the right to return products purchased from LILY CHARMES.R.LS.R.Lunder certain conditions. The return must reach DMLiving's warehouse within a maximum of 14 calendar days from the moment you take possession of the products.
- To initiate a returns process, you need to fill out our official returns form, which you can find on our website. This form must be completed with all the correct and detailed information, including your order number, contact details and the reasons why you wish to return the products. Be sure to provide accurate information to facilitate the returns process
- After filling out the return form and the return process with the open package option, LILY CHARME S.R.Lwill review the situation and check the condition of the returned products. Following this verification, you will be informed of the acceptance or rejection of the return request
- If the return request is accepted, LILY CHARMES.R.L will proceed to refund the amount of the returned products. Funds will be returned to the card used for the purchase or by another agreed method.
- Please note that all returned products must be in perfect condition with all accessories and original packaging intact. Any damage or excessive use of products may affect their eligibility for return.
- If the Good is returned in a condition in which it can no longer be sold as new (the packaging is an integrated part of the product and any damage to it will be considered product damage, missing accessories, the good is damaged, the boxes written in different types of colors or with the application of marker directly on the surface of the boxes, boxes sent in a degraded condition), we reserve the right to charge a fee to restore the Goods to their original condition, as applicable, or to cover the difference in price resulting from selling the Product as resealed or, at the Buyer's request, we will re-ship the Goods, with the delivery costs to be borne by the Buyer.
- If the Customer exercises his right of withdrawal after having used the Goods to an extent which exceeds the limit necessary to ascertain their nature, characteristics and mode of operation, the Buyer shall be liable for any diminution in value of the Goods
- Also, in the case of orders, for which transportation has been offered free of charge by www.lilycharme.com , and for which a return is requested, we reserve the right to deduct from the amount refunded the delivery charges incurred on delivery of the order, noting that these charges include both the cost of the initial delivery to the Buyer and the cost of the return.
- We reserve the right to refuse returns in situations where such returns are made in bad faith by the buyer. We consider it a manifestation of bad faith for a buyer to place more than 3 orders on which the return procedure has been requested without purchasing any product.
we will charge a fee to restore the Goods to their original condition, as applicable, or to cover the price difference resulting from the sale of the product as resealed or, at the Buyer's request, we will reship the Goods, with the delivery charges to be borne by the Buyer. - Also, in order for a return process to be accepted it is necessary to refund the Product with the parcel opening option offered by the courier, so that LILY CHARME S.R.Lcan check the condition of the returned Product, otherwise the return procedure will be rejected without refund of the related sums.
- The transportation costs for the delivery of the products are borne by the customer
PROPRIVACY OF PERSONAL DATA
- Please read the Privacy Policy on the processing of personal data, which is an integral part of this Document
FORȚA MAJORĂ
- Neither party shall be liable for failure to perform its contractual obligations, if such failure to perform on time and/or properly, in whole or in part, is due to an event of force majeure. Force majeure is any external, unforeseeable, absolutely inescapable event beyond the control of the parties and which cannot be avoided.
- The party or the legal representative of the party alleging the aforementioned event is obliged to inform the other party immediately and fully of its occurrence and to take all measures available to him to limit the consequences of that event
- The party or the legal representative of the party alleging the aforementioned event shall be released from this obligation only if the event prevents him from carrying it out.
- If, within 15 days from the date of its occurrence, the said event does not cease, either party shall be entitled to notify the other party of the termination of this contract by operation of law, without either party being entitled to claim any other damages from the other.
- The party claiming force majeure must prove the impossibility of performance within 30 days from the date of the event,
- Exceptionally (through no fault of LILY CHARME S.R.L) and due to a fortuitous event (such as an accident of the carrier or the supplier) it is possible that the delivery of the products cannot be made. In this case, the Customer will be able to cancel the order and be compensated or the order can be rescheduled by mutual agreement at a later date.
LITIGII
- This contract is subject to Romanian law. Any disputes arising between the Seller and the Users/Buyers will be settled on c
- amicable settlement or, if this is not possible, the disputes will be settled by the competent Romanian courts of Bucharest
DISPOZIȚII FINALE
- LILY CHARMES.R.Lreserves the right to make any changes to these provisions, as well as any changes to the site/its structure/service and any content without prior notice to the Visitor/Member or the Client