1. Sites and Site Operators
1.1. Decoratiuni Dulci SRL company operates the website (including mobile applications) www.decoratiunidulci.ro to sell confectionery and kitchen products for retail customers.
In this document, the term "Site" means and refers to any part of the Site www.decoratiunidulci.ro and / or its content.
1.2. You are in a contractual relationship with the entity Decoratiuni Dulci SRL that operates the Site you visit and / or through which you conclude an online transaction, unless expressly stated otherwise elsewhere.
1.3. The company Decoratiuni Dulci SRL, as well as any of its headquarters / branches / offices are individually and collectively called "Decoratiuni Dulci" . In case of doubt, the term "Sweet Decorations" or "new" refers to the operator of the Site you are visiting.
1.4. Products marketed through our Site may be products manufactured (and / or branded) by or on behalf of a third party manufacturer or products manufactured and / or branded in the name of and for Sweet Decorations.
2. Object and Acceptance of Terms of Delivery
2.1. These terms of delivery, including any policies or other terms and conditions set forth herein and available on the Site, as amended (" Terms of Delivery ") govern the delivery of products listed on the product pages on our Site.
3. Delivery Countries and Delivery Restrictions
3.1. We provide products ordered through our Website to individuals / legal entities with a shipping address in Romania
3.2. We reserve the right (i) to limit individually the quantities you may order or for which we accept an order, including reasonable quantities for use by an end consumer, and / or (ii) to restrict or exclude individually the delivery or provision of the service to you and / or (iii) to individually restrict or exclude some of the payment methods available to you and / or (iv) to restrict or exclude (to the extent permitted by law) your account ., inclusive, but not limited to reasons related to the behavior or activity you have had on our Site, if access to or existence of your account or such behavior could harm Sweet Decorations in any or if we find any irregularities and / or violations of any provision of our terms and conditions. In this case, you can contact Customer Service at the contact details provided on our Website for more information about our decision or action.
4. Your status
By accepting these Terms of Delivery, confirm that you are legally fit to enter into binding contracts on your behalf and that all data provided and required for your purchase is correct, complete and true at the time you place your order.
5. Formation of a Contract
5.1. Information on product features is available on the product pages on our Site.
5.2. The order can only be placed through our Site. To do this, you will go through a simple process, at the end of which you will confirm the order by pressing the "complete order" button. The button will clearly indicate that placing your order implies your obligation to pay. Before confirming the order, you are always informed of the total price to be paid and you will always have the opportunity to check and possibly correct the order.
5.3. If we are unable to honor a contract due to insufficient stock of products, technical error or non-compliance found during the shipping process, we will inform you of this situation.
5.4. Please note that only products listed on our Site with a product description and a sale price are intended for sale. Advertising materials, including but not limited to the banners displayed on our Site and / or our social media channels, are for the sole purpose of promoting a particular brand and do not create an obligation on the part of Sweet Decorations to make available or make available for sale the specific products featured in these advertising materials.
6. Cancellation by Sweet Decorations
We may terminate your purchase agreement by giving you notice, and you are not entitled to claim compensation in the following cases:
- the data you provide on the Site is incomplete or incorrect;
- non-compliance with our terms and conditions (except in cases of minor non-compliance);
- Your activity on the Site causes or may cause harm of any kind to us, our affiliates or our suppliers;
- performing more than three consecutive failed delivery attempts for the same product.
7. Legal Right of Withdrawal
7.1. Withdrawal period
Individuals have the legal right to withdraw their order or withdraw from the contract concluded with us within 14 days, without motivating the withdrawal. To comply with the withdrawal deadline, it is sufficient to send the withdrawal notice before the expiry of the withdrawal period. The withdrawal period will expire 14 days after:
- the date of delivery, ie the date on which you or a third party (other than the carrier) indicated by you, take physical possession of the product; or
- in the case of several products which are part of a single order and delivered separately: (i) the last day on which you, or a third party (other than the carrier) indicated by you, take physical possession of the last product, or ( ii) if applicable, the date on which we inform you that we can no longer deliver the ordered products; or
- In the case of an order for the delivery of a product consisting of several lots or parts: (i) the date on which you or a third party (other than the carrier) indicated by you, takes physical possession of the last lot or part, or (ii) the date on which we notify you that we cannot deliver any additional lots or parts.
7.2. Exercise of the right of withdrawal
You must inform Sweet Decorations of your decision to withdraw through an unequivocal statement. You may send us a letter by mail or e-mail to Customer Service at the contact details displayed on our Website with your unequivocal statement of withdrawal. We recommend that you include (i) the order number (order ID) or invoice number, (ii) the bank account number / bank account holder in which the amount should be refunded, and (iii) a clear statement that you are withdrawing from the contract. of the acquisition in question.
You may not withdraw from: (i) products manufactured to your specifications or clearly customized; (ii) products liable to deteriorate or to become obsolete; (iii) products which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
7.4. Consequences of withdrawal
We will make this refund by bank transfer. We have the right to defer refund until we receive the goods or provide proof that you have returned the goods, whichever comes first.
7.4.1. Refund: If we accept the return of the product, we will refund all payments received from you (excluding costs in the next sentence) no later than 14 days after receipt of the returned product. We will not reimburse courier costs.
7.4.2. Product Return: You will return the products to our return address no later than 14 days from the date you reported the withdrawal. The deadline is met if you return the product before the 14-day period expires. The product can only be returned by post or courier.
7.4.3. Product return costs: According to the law, the costs of returning the products to the merchant are borne by the consumer.
7.4.4. Your responsibility: You are only responsible for the diminution of the value of the products resulting from handling other than that necessary to determine the nature, characteristics and operation of the products.
8. Delivery and Delivery Costs
8.1. We intend to make the delivery within the estimated time period, indicated for a certain item on our Site, but not later than 30 days from the receipt of the order. The expected delivery dates indicated for certain items on our Site are only approximate and indicative and do not limit the 30-day delivery period set forth in this section. If we are unable to deliver within 30 days of delivery, we will notify you by email. You may opt for an extension of the delivery period of another 30 days or you may cancel your order by email or letter. If we do not receive a response from you within 3 business days of our notification, we consider that you have accepted the extension of the delivery period, which does not limit your right to cancel or withdraw your order. If we are unable to make delivery within the extended delivery time, we will notify you by e-mail and, to the extent permitted by law, agree with you on the delivery time, if any.
8.2. We deliver the products for which we have accepted your order through a shipping company selected at the time of placing the order, from the list available on the site. We deliver to the address you provided to us for delivery. We are not responsible for cases where the address is incorrectly or incompletely communicated.
8.3. The cost of courier shipments is displayed at the time of placing the order, depending on the weight or additional km.
8.4. Orders are shipped (leave our warehouse), IN GENERAL, within 24-48 hours of placement (except for workshop products - wooden cake stands, polystyrene models, Plexiglas products, etc.). The estimated date on which the package / packages leave us will be presented on the site at the time of placing the order
8.5 The order arrives at the destination, in 24 to 48 hours from SHIPPING. In exceptional cases, there may be delays for reasons related to the courier and over which we have no control. We will warn you on the site if there are general reasons for delays on our part or on the part of our partners.
The courier covers a very large network of localities, but if the locality you are in is not one of them, you can choose between personally picking up the package from the locality where it has a station or you can pay the additional cost for each km, from the courier station to your locality. All these costs will be displayed on the order page.
8.6. In case of an agreed return, the costs related to the transport (tour + return) are entirely reimbursed to the client.
8.7. If the order is not received and is returned to us, for any reason, provided that it has reached the area of the courier serving your address, all costs related to round trip transport and possible additional administrative costs will be borne. of customer. These will not be returned to the paying account. They can also be recovered by canceling future discounts or attaching them to future orders, as decided internally.
9. Risk and Title
9.1. The risk of loss or damage to the products will pass into your care when you or a third party indicated by you (other than the carrier requested by Sweet Decorations) acquires physical possession of the products. In the case of the return of the products, the risk of loss or damage of the products passes into our care when we, or a third party indicated by us, acquires physical possession of the products.
9.2. Ownership of the products will be transferred to you when we receive full payment of all amounts due for the products, including delivery charges if applicable, handling fees or similar charges, if applicable. In the event of the return of the products, the ownership of the products will pass into our care after fulfilling our repayment obligations in accordance with these Terms of Delivery.
10. Price, Discounts and Payment
10.1.1. The prices of the products are those expressed on our Site at the time of order, except in cases of obvious errors.10.1.2. Invoices are issued only in the name of the person who placed the order.
10.2.1. We may grant price reductions for products purchased from our Site in accordance with the established rules regarding discounts. The applicable discount rules are available at the place where the discounts are displayed. Discounts can be provided in various forms (eg promotions, loyalty discounts, quantity discounts, lump sum discounts, awarded individually, at random or as a result of participating in a contest or quiz). You are not entitled to a discount if the discount was not determined by us or if your order does not comply with the discount rules.
10.2.2. Unless otherwise noted, discounts are deducted from the total order value.
10.2.3. When you return a product, and the return entitles you to a refund for any reason (voluntary return of products, legal right of withdrawal, warranty), the refund will be reduced against any discount applied to the order of the returned product.
10.2.4. The discount cannot be made in the form of cash or a refund.
10.2.5. The discount does not apply if there are previous outstanding debits, which occurred as a result of not picking up the ordered packages. This situation is maintained until the complete recovery of the debits (round-trip cost) related to the previous orders not picked up, by canceling the reductions of the orders where appropriate.
10.3. Payment for the products will be made in RAMBURS mode or by card on the EuPlatesc platform. If there are situations of non-collection of ordered packages, the only payment method will be online through EuPlatesc
10.3.1. If you choose to pay by card but it is not completed by the time the order is processed (but not less than 3 hours) the package will be shipped with cash on delivery without obligation to notify the customer, who explicitly accepts at the time of placement any order, these conditions.10.3.2. We reserve the right to make changes to the available payment methods and / or conditions at any time by posting the payment methods available on this Site without further notice.
10.3.8. Each party shall bear its own costs for the use of the means of distance communication for the purpose of concluding the procurement contract.
11.1. For the products we sell through our Site, we guarantee the conformity and quality of the products for the period provided in these Terms of Delivery and in any other supporting documents (eg warranty certificates) that we offer or make available to you. We guarantee that each product, upon delivery and throughout the applicable warranty period, will confirm its description in all material respects, will be of satisfactory quality and will reasonably be suitable for all purposes for which such products are usually used. delivered.
11.2. Our warranty is generally based on the guarantees we have obtained from the manufacturer or the manufacturer's authorized distributor regarding quality, certificates of authenticity and / or certificates of conformity.
11.3. You will always benefit from the consumer's warranty rights under the applicable law. If the warranty we offer limits or excludes any rights you have under applicable law, the provisions of that law will prevail.11.4. The guarantee period is 1 month after delivery, unless (i) another guarantee period is provided in the supporting documents (in particular in the guarantee certificate).
11.5. The warranty is given under the terms of your action in accordance with the instructions for use and maintenance (i) which are obvious from the context or nature of the product and / or (ii) which are provided on the label accompanying the product and / or (iii) which I have made available to you.
11.6. The warranty does not apply in the event of general wear and tear of the products (or parts thereof) caused by standard use. Also, the warranty does not apply in case of defects caused by improper use and improper or improper treatment or for any damage caused as a result of such use. For items sold at a lower price, the warranty does not apply to defects for which the lower price has been agreed. For pre-used items, if applicable, we are not responsible for imperfections that correspond to the level of wear or tear presented by the product at the time of delivery.11.7. Measures in case of defects or non-compliance:
11.7.1. If the delivered product is defective or non-compliant, you benefit from the rights under our warranty. You do not benefit from the rights and provisions of this section (defective or non-compliant measures) to the extent that you knew about the defect when you placed the order (or someone third party on your behalf) or caused the defect. Please note that the products you will receive may differ from the image of the products on the site in ways and ways that will not affect the functionality for which they were created, this cannot be considered a case of non-compliance.
11.7.2. If a delivered product is defective or non-compliant, please inform us as soon as possible, within a reasonable time after the discovery of the defect or non-conformity (maximum 5 calendar days from receipt of the package) and return the product to us. In this case, you will provide us with supporting documents for your claim, including an invoice or proof of payment, a written statement or other documents on which your request is based and the reasons for the complaint, and / or other documents required by applicable law. We will examine the product accordingly.
11.7.3. You have the right to request the repair or replacement of the product, if this request is not unreasonable in terms of the nature of the defect or non-conformity and in compliance with the conditions for granting the warranty. If we cannot reasonably repair or replace the product, we will refund the amount paid for this product within 14 days in accordance with the law. By accepting these Terms of Delivery, you expressly agree that under our warranty obligation, we may choose to reimburse you for the amount paid for this product, given that, from a consumer rights perspective, reimbursement is at least as favorable for As well as other warranty rights that you may enjoy.
11.8.4. In case of repair or replacement, we will deliver the repaired or replaced product at no additional cost. In this case, you are not entitled to a refund of the amounts paid or a reduction in the purchase price. The same terms and conditions as in the original purchase agreement will apply to the repaired or replaced product. In the event of a recurrence of the same defect in the repaired or replaced product, in addition to any other warranty rights you have, you may return the product and request a refund of the amount paid.
11.8.5. For cases of refund of amounts paid for products returned by you, we will refund within 14 days the total amount received from you for these products, including taxes paid by you for the delivery of ordered products.
11.8.6. We will make this refund by bank transfer. If you have not already notified us, please send us the details of your personal bank account (bank name, IBAN code, account holder name) at the latest on the return date of the product, where we can make the refund.
11.8.7. We will reimburse you for all reasonable direct costs incurred in returning the defective or non-compliant product. Also, in case of delivery of one / more product (s) that were / were not ordered, we will reimburse you for these return costs.
11.9. If there is no warranty certificate for a particular product, the invoice or proof of payment will serve as a warranty certificate. To use the guarantee, if necessary, we advise you to keep the guarantee certificate, invoice or proof of payment.
12. Exclusion and Limitation of Liability
12.1. Subject to the following section, taking into account our quality, we exclude any liability (whether on a contractual or any other basis) arising out of or in connection with the sale of a product, as required by applicable law.
12.2. We do not seek (and none of these Terms of Service is for this purpose) to exclude or limit liability, and no exclusion or limitation of liability applies in the following cases:
- loss or damage caused by fraud, intentional misconduct or intentional deception by us;
- liability which, according to the laws in force for consumer protection or liability for the product, cannot be excluded (however, these laws are called);
- nor any other liability, which cannot be excluded or limited in accordance with the legislation in force.
12.3. We will not be held liable for any non-performance, or delay in the performance of any of our obligations under a contract, to the extent that it is caused by events beyond our reasonable control (a "force majeure event"). A force majeure event includes, but is not limited to, civil rebellion, revolt, terrorist attack, war; fire, natural disasters, epidemics; inability to use public or private transport, aircraft or other means of transport; inability to use public or private telecommunications networks; the laws, laws, regulations or restrictions of any government.
12.4. Please note that you must comply with all applicable laws and regulations. We will not be held liable for any violations of any of these laws.
13.1. Transfer of rights and obligations: The contract between you and us is binding on you and on us and on our successors and assigns. Unless otherwise provided by applicable law, you may not transfer, assign or otherwise dispose of any of your rights or obligations, in particular payment obligations, without our prior written consent. At any time we may transfer, assign, sub-contract or otherwise dispose of the contract or any of the rights or obligations arising therefrom, in which case we are not exempt from liability for the performance of our obligation to you, but the assignee enters into such relations. as a co-debtor.
13.2. Waiver: No waiver by us of any provision of these Terms of Service will not take effect unless expressly stated to be a waiver and you are not notified in writing.
13.3. Nullity: If a court or competent authority decides that any provision of these Terms of Service is invalid, unlawful or unenforceable under applicable law, that provision will be amended and interpreted to best achieve the objectives of the original provision. permitted by law. The rest of the provisions will remain in force.
13.4. The entire Agreement: These Terms of Delivery and any other documents (including electronic or published on our Website) referred to in this document as well as any other provision of the procurement agreement, contain the entire agreement between you and us with regarding your order and purchase agreement. No statement or statement, oral or written, not included in this document will be binding on you or us unless otherwise agreed in writing between you and us.
14. Out-of-court complaints and appealsIalomita County Commissioner for Consumer Protection
17. Choice of Law and Jurisdiction
These Terms of Supply as well as all aspects arising or related to these terms and the purchase contract will be governed by Romanian law. The courts of the same country have exclusive jurisdiction in resolving the dispute, which may arise from or in connection with these Terms of Delivery.
Version: [April 2016]