Terms & Conditions
Terms & Conditions
Online store – Terms and Conditions
- Terms and Conditions of Use
- Products, Prices and Associated Services
- Online Sale Policy
- Online Order and Contract
- Means of Payment
- Product Delivery
- Return Policy
- Confidentiality of Personal Data
- Other provisions
- Terms and Conditions of Use
This website is administered by SC ROH TEXTILE
MANUFACTURES SRL (hereinafter called also the Company), with registered office
in Buftea, 53A Mihai Eminescu St., Ilfov County, having fiscal registration
code RO14358220, registered at the Trade Register Office under no.
J23/1046/2001, e-mail
On this website, AIMELIA APPAREL WHOLESALE
publishes its full and correct identification and contact data to be used by
Clients or Users.
By using the contact form presented on the
website, the Client allows Aimelia Apparel Wholesale to contact him/her by any
means available, including electronic means. Partial or full fill-in of the
contact form and its sending does not represent any sort of commitment on
behalf of Aimelia Apparel Wholesale to contact the user. Aimelia Apparel
Wholesale reserves the right not to answer all requests of any nature, received
by any means of communication.
In the present document, the following terms
shall have, if not otherwise inferred from the context, the meanings below:
USER: means the individual accessing the website, for private or
professional purposes and who has agreed to the Conditions of Use for
this website, having fulfilled all requirements in the registration process.
CLIENT: means the individual accessing the website, for private or
professional purposes and who has agreed to the Conditions of Use for
this website, having fulfilled all requirements in the registration process,
that initiates and places an order.
ORDER: means an electronic document, generated following a Client’s
access to the website, which intervenes as a form of communication between Aimelia
Apparel Wholesale and the Client.
CONTRACT: a contract concluded between a professional and a consumer
within an organized distance system for sale or service provision without the
simultaneous physical presence of the professional and the consumer, with the
exclusive use of one or several means of distance communication, up to and
including the moment when a contract is concluded. The contract is perfected
upon Aimelia Apparel Wholesale’s order acknowledgement, by which the Company
agrees to deliver the ordered products to the Client.
The following Terms and Conditions have been
drawn up in full conformity with provisions in Directive 2011/44/EC of the
European Parliament and of the Council of 25 October 2011 on consumer rights,
transposed in domestic law by G.E.O. no. 34/2014, published in O.J. no. 427 –
11.06.2014.
The following Terms and Conditions have been
drawn up in full conformity with European provisions on certain legal
aspects of information society services, in particular electronic commerce, in
the internal market (Directive no. 2000/31/EC of the European Parliament on
electronic commerce).
The present Terms and Conditions meet the
requirements enforced by provisions in art. 20 of Directive no. 2006/123/EC of
the European Parliament and of the Council on services in the internal market
and do not contain discriminatory conditions pertaining to citizenship or
nationality or place of residence or a Client’s registered office.
These Terms and Conditions are deemed to
establish a set of minimum applicable provisions; system usage is subject in
law to provisions of European regulations on consumer protection as regards
consumer rights stemming from distance and off-premises contracts, in order to
contribute to a higher degree of consumer protection and to a better operation
of trader-consumer relationships that take place in the European area.
The Terms and Conditions of Use can be amended
at any time by updating this website and such amendments shall become mandatory
and with immediate effect for all Users/Clients.
By accessing the website, Users grant their
consent to observe the Terms and Conditions hereinafter presented, as well as
applicable laws.
- Products, Prices and Associated Services
A. Pursuant to art. 6 letter a) in Directive no. 2011/83/EU
of the European Parliament and of the Council on the obligation to inform the
Client, Aimelia Apparel Wholesale binds itself to provide the Client with
information pertaining to main features of goods in a clear and comprehensible
manner, corresponding to the means of communication and to goods in question.
Aimelia Apparel Wholesale shall make efforts
to present product colours, sizes, dimensions and descriptions with a maximum
accuracy. However, taking into account possible errors, the Company points out
that there is a possibility for discrepancies within data provided for a
product. Moreover, as regards colours displayed on screens, there can be slight
differences as to real colours of products.
For reasons of space and coherence of the
information structure, sometimes product description can be incomplete but,
upon a Client’s request, the Company shall make efforts to provide the most
relevant data.
All information used to describe
products/services available on the website (texts, static/dynamic images,
multimedia presentations etc.) do not establish a contractual obligation on
behalf of Aimelia Apparel Wholesale, as they are posted for presentation
purposes only.
In a product/service description, Aimelia
Apparel Wholesale reserves the right to use other products (accessories) that
may not be included in the price of products in question.
Pursuant to art. 6 letter c) in Directive
2000/31/CE of the European Parliament and of the Council on electronic
commerce, promotional offers, such as price discounts, premiums and gifts shall
be presented clearly and unequivocally within the website content, and conditions
to be met in order to benefit from them shall be presented clearly and
unambiguously, for easy access of users.
Promotions and offers presented on the website
are valid only within the limit of available stock. The stock of products
posted on the website differs from one hour to the other depending on the
number of orders.
For well-founded reasons, Aimelia Apparel
Wholesale can limit the purchase capacity of one or several Clients for certain
products or services that are available on the website at a given time.
B. Pursuant to art. 6 letter e) din Directive no. 2011/83/EU
of the European Parliament and of the Council on the obligation to inform the
Client, Aimelia Apparel Wholesale binds itself to inform users via the present
website or upon an express request from a Client, on the total price inclusive
of taxes for any of the goods available and if the price cannot be calculated
beforehand, the present website shall clearly specify who is to bear the
payment of additional charges.
Aimelia Apparel Wholesale itself sets prices
for products and special offers that exist in the online store, and it can
change them at any time without a prior notification to users; changes are
brought to the attention of users via the present website. Changes in price that
occur after placing an order and before delivery of such a product shall not
apply for Clients in question pertaining to already placed orders.
The purchase price for promotional
products/services is the price existing when an order is placed, within the
limit of available stock and/or a promotional period, if such a period is
defined. It cannot be changed after the order is placed, even if the
promotional offer has expired before product delivery and before the contract
is performed.
VAT amounts associated with every
product/service is fully borne by Aimelia Apparel Wholesale.
The equivalent value of additional fees as
compared to the final amount payable that was recorded on the website shall be
conveyed to a Client via an order acknowledgement e-mail and it must be
expressly accepted by the consumer in accordance with stipulations of art. 22
in Directive no. 2011/83/EU of the European Parliament and of the Council.
- Online Sale Policy
Access to services provided by the present
website is allowed to any user that has an account or creates an account. In
order to be allowed to login, a User will have to accept the provisions in
Terms and Conditions.
Aimelia Apparel Wholesale can limit the access
of certain Clients depending on their behaviour and the manner of website usage
they had before.
Account sharing among several Clients is
forbidden and in this case Aimelia Apparel Wholesale reserves the right to
cancel or suspend such a Client’s access to website content or website
services.
- Online Order and Contract
A. A Client can place orders for products traded at a given
time, exclusively on the website or via the telephone, and no minimum order
value is imposed in this respect.
To order a product found on the website, after
the careful selection of a desired product, the user shall click on the
"ADD TO CART" button and then he/she will follow the described steps
for login/registration as a Client.
After registration, which can be possible only
by accepting the Terms and Conditions, the Client will visualize the final
order, the total price and Client data for confirmation, a screen where there
is the possibility to add his/her observations on the order.
Having verified the aforesaid data, the Client
will press the "PLACE ORDER" button, he/she will make the payment
and, from that moment on, the order shall be deemed as valid. By placing an
order, the Client grants his/her consent that all data provided and necessary
in the purchasing and payment process are correct, full and adequate on the
date such order is placed.
Orders can also be placed via the telephone,
on condition that Users/Clients in question are assisted via the telephone by a
Aimelia Apparel Wholesale representative. Terms and Conditions mentioned on
this website apply for telephone orders as well.
Aimelia Apparel Wholesale can automatically
cancel an order placed by a Client, with no subsequent obligation for either
party, under the following conditions:
- Data provided by the Client are incomplete or
incorrect,
- A Client’s activity on the website can cause damages of
any nature to the Company or its partners.
By launching an order on the website, the
Client agrees to being contacted by Aimelia Apparel Wholesale, through the
means of communication (by telephone or e-mail) which the Company uses to
conduct its website operations.
After placing an order, the Client shall
receive from Aimelia Apparel Wholesale an e-mail for order confirmation and
acceptance, which shall meet the conditions enforced under art. 6 in Directive
no. 2011/83/EU of the European Parliament and of the Council on the obligation
to inform the Client, and art. 10 par. 1 in Directive 2000/31/EC of the
European Parliament and of the Council on electronic commerce, as regards
sending the Client information on the means of purchasing ordered goods, of
which:
- trader identity and trader contact data,
- main characteristics of the product,
- total retail price of the product,
- means of payment, delivery, performance, delivery date
and payment date,
- conditions, time limits and procedures to exert the
right of withdrawal, as provided in stipulations of Directive
no.2011/83/EU of the European Parliament and of the Council,
- availability period of the offer, of the price, if
applicable,
- other observations pertaining to Client obligations, if
applicable.
B. Pursuant to stipulations in art. 8 par. 9 of G.E.O.
34/2014 that transposes Directive no. 2011/83/EU of the European Parliament and
of the Council, an oder placed, acknowledged and accepted by Aimelia
Apparel Wholesale is construed to be a contract concluded between the Client
and Aimelia Apparel Wholesale, that must be performed by both parties.
Thus, a CONTRACT is concluded when our company
confirms, via an e-mail, to have accepted an order sent by the user. At any
moment, Aimelia Apparel Wholesale does not consider an order that was not
confirmed and was not accepted as having the value and befitting the legal
treatment of a contract.
The present Terms and Conditions have the
value of clauses in the contract concluded between parties. To these clauses,
the following shall add, pertaining to:
Object of Contract
The object of the contract is sold
goods/products in exchange for which the Client shall pay the price set on the
website, as serious and determined.
Obligations of Parties
With the present Contract, Aimelia Apparel
Wholesale binds itself to deliver the ordered products and services, and the
Client binds himself/herself to pay the equivalent value for the order.
Additional obligations of the Client shall be conveyed via the acknowledgement
e-mail, if applicable.
Client’s right to withdraw
Pursuant to art. 9 par. 1 in Directive no.
2011/83/EU of the European Parliament and of the Council, the consumer is
granted 14 days to withdraw from a distance contract, without the need to justify
such a decision and without incurring any additional costs as to those
mentioned in chapter 7 on the product return procedure.
The 14 days term provided for exerting this
right runs from the date when the Client receives the goods, if all legal provisions
pertaining to sending information on a Client’s right of withdrawal have been
met.
If Aimelia Apparel Wholesale has omitted to
convey the aforesaid information to the Client, the withdrawal period expires
12 months after the end of the initial withdrawal period.
If during these 12 months, information
pertaining to the right of withdrawal is provided to the consumer, the term of
14 working days granted to exert the right of withdrawal starts running from
that moment on.
- Means of Payment
Payment against products shall be made after
the Client places an order, it shall be made in full and online, via the
secured payment system made available on Aimelia Apparel Wholesale website.
The final amount payable shall include the
product price, the associated VAT and the equivalent value of additional
transportation fees.
By entering data for his/her personal
electronic payment instrument in the secured payment system, the Client
expressly declares his/her consent regarding the intention to pay the costs for
ordered products, including associated additional fees.
After payment, the Company shall accept the
order placed by the Client with sending the information e-mail and ordered
products shall be moved to delivery, together with an invoice issued by Aimelia
Apparel Wholesale pursuant to stipulations in art. 155 in the Fiscal Code.
The invoice shall include: product price, VAT
value and equivalent value of fees charged for the delivery of ordered
products, if applicable.
In his/her capacity as holder of the electronic
payment instrument, the Client has the obligation to use such an instrument in
accordance with legal stipulations and to warrant that it is real and
authentic. Fraudulent use of an electronic payment instrument is an offence and
it is punishable pursuant to the law.
The Company clearly displays on the website
brands of instruments accepted for payment via the secured system.
The Company shall be discharged from risks and
liabilities associated with ordered products and services the moment they are
handed over to the Client / the Client’s representative.
Pursuant to stipulations in Directive no.
2007/64/EC of the European Parliament and of the Council on payment services in
the internal market, as regards the present payment service, the Company and
the Client hold the capacity of payment service users.
Thus, the Company is not liable for a failure
on behalf of the payment institution to perform its obligations or for problems
arising due to a fault thereof. For failure to perform obligations provided in
stipulations of Directive no. 2007/64/CE of the European Parliament and of the
Council on payment services in the internal market, the payment institution
shall be liable before the Client, and not the Company.
To buy our online products you have to following
3 steps:
1. Select the product you wish to purchase and
press the link "Buy now".
2. Fill in your personal data
This information is necessary so the order you
placed may be processed correctly and efficiently. You can insert your personal
data by using a SSL 128 byte cripted connection. You can find more information
under "How safe is it for me to pay online?" The personal information
is not transferred to third parties, neither by Aimelia Apparel Wholesale nor
by PayU. Make sure you fill in the form correctly and indicate the persons to
be invoiced and to whom the delivery shall be made. The e-mail address is
extremely important as the information about the order and the ordered products
shall be sent via e-mail. An incorrect e-mail address slows down the entire
process of ordering the product. More over, Aimelia Apparel Wholesale and PayU
shall not be able to contact and inform you on the progress of your order.
If the delivery address differs from the
address to which the invoice has been sent, indicate this by choosing the menu
at the end of the form. Choose whatever payment method you wish and confirm the
data choosing "The next step".
3. Fill in the data on the debit/credit card:
If you’ve chosen the payment method
"Credit/debit card", you must fill in a form with information on your
card. For payments with credit/debit cards issued under the symbols Visa and
MasterCard (Visa/Visa Electron and MasterCard/Maestro) the system "3-D
Secure” is used, which was elaborated by the organization that provide on-line
transactions with the same security level as those made through an ATM or
physical transactions."3-D Secure makes sure first that no information
regarding your card is not transferred or stored, at any time, on our servers
or on the PayU servers, as this data is inserted directly into the Visa and
MasterCard systems. Moreover, "3-D Secure" is an authentication
system of the identity of electronic card holders. The authentication of the
card holder is made on the basis of the security code, which is known only by
the holder and it takes place only on Visa or MasterCards servers, as the case
may be. The "3-D Secure” system allows online shopping with any card
issued under a Visa or MasterCard license, including the debit and electronic
Maestro and Visa Electron Cards. The virtual cards issued by these
organizations are also accepted.
If the transaction through the card has been
achieved, the following screen gives you thanks for the order you placed on our
site and provides you with relevant information on your order. You shall also
receive this information via e-mail.
- Product delivery
Delivery of products ordered by the Client
shall be made via business partners of Aimelia Apparel Wholesale.
Pursuant to art. 18 in Directive no.
2011/83/EU of the European Parliament and of the Council, the Company
undertakes to contact and send the ordered goods to the carrier without undue
delay. The Company will convey the goods to the carrier in such a manner so as
to ensure that delivery shall not exceed 30 days since contract conclusion, but
it shall not be held responsible for causes of delay that are not under its
control.
If the Company does not fulfill its obligation
to deliver the within the aforesaid time frame, the Client has the obligation
to solicit delivery within an additional time interval, according to
circumstances. If the Company does not deliver the goods within the additional
time interval, the Client has the right to terminate the contract.
Costs generated by product delivery shall be
borne either by the Client, or by Aimelia Apparel Wholesale, depending on order
value, as set forth under letter C point 2 in the present Terms and Conditions.
The Company shall provide adequate packaging
of products and it shall ensure their conveyance to the Client under optimal
conditions, but Aimelia Apparel Wholesale shall not be liable for the
destruction, damage or loss occurred during transportation to the addressee,
which fall with the carrier.
- Return Policy
- Product return in case the Client exerts his/her right
of withdrawal
According to laws in force, return of ordered
products is possible within 14 working days after the receipt date of a placed
order, without incurring any penalties and without the obligation to give a
reason.
In order to return a product, it is mandatory
that the Client notifies Aimelia Apparel Wholesale on his/her decision to
withdraw from the contract and to return ordered products before the 14 days
period expires.
The notification shall be given either by
using the withdrawal form made available on the Company’s website, or by
drawing up an unambiguous statement on the decision to withdraw and sending it
to the e-mail address contact@Aimelia Apparel Wholesale.ro.
After expressing a decision to withdraw, the
consumer has the obligation to return the goods without undue delay and within
a maximum of 14 days after the date when his/her decision to withdraw from the
contract was conveyed to the Company. The deadline shall be construed as
observed only if goods are sent back by the consumer before the 14 days period
expires, otherwise Aimelia Apparel Wholesale shall deem the request as
ill-founded/invalid.
The return package shall be sent to the
Company’s postal address at Romania, Ilfov, Buftea, Str. Mihai Eminescu,
No.53A, Postal code: 070000
Returns are your responsibility as we do not
offer a pre-payd returns service.
Purchased goods shall be returned in their
original package and with labels intact, together with a copy of the invoice.
The Client is liable as regards value loss
caused by the handling of goods, other than those necessary in determining the
nature, the characteristics and the operation of goods.
Pursuant to art. 14 in Directive no.
2011/83/EU of the European Parliament and of the Council, costs related to
goods return shall be borne by the Client.
If Aimelia Apparel Wholesale cannot replace a
product, in case the Client has ordered the wrong size, the Company shall be
able to offer the Client another product, of the same quality and value, but
only with the Client’s agreement and at the latter’s expense. Otherwise, the
Company undertakes to reimburse all the amounts of money received on behalf of
the Client as payment against the product price. Reimbursed amounts do not
include transportation costs for delivery and return, which are borne by the
Client.
Reimbursement of product price shall take
place on the date when goods that made the object of sale are received, as
returned to the Company, and such payment shall be made using the same means of
payment as those used by the consumer in the initial transaction, except when
the Client agrees to a different means of payment and on condition the consumer
would not pay fees upon reimbursement.
The Company is not bound to reimburse costs
generated by the Client’s exerting his/her right of withdrawal, irrespective of
the manner for product reimbursement the Client opts for.
Exertion of the right to withdrawal brings
along the cessation of contractual obligations to perform the Contract or to
enter a new contract, in case the consumer places an order.
- Product return in case they are nonconforming to
specifications posted on the website, they are identified as flawed or
they present other inconsistencies due to a Company fault.
In the case when, upon reception of ordered
goods, the Client finds they do not correspond to specifications posted on the
website, they have manufacturing defects or other inconsistencies as to what
was requested, he/she must notify th Company in writing for the replacement of
such an ordered product.
Time limits, notification and return
procedures are those provided under letter A, chapter 7 in the present Terms
and Conditions.
If, when receiving a returned product, the
Company finds the delivered product was not as per what presented on the
website or it has defects, such a product shall be replaced with another, at
the Company’s expense.
Transportation costs for the return shipment
of nonconforming products shall be fully borne by the Company, but without
coverage of transportation costs for the initial delivery, which remain the
Client’s burden.
Nonconforming goods are deemed to be those
goods that do not correspond to orders placed correctly by a Client,
exclusively due to a Company’s fault. Only in relation to such goods will the
Company bear the expenses generated by a product return.
Cases when a Client places an erroneous order
(product size, colour, type etc.) do not fall under this section, and in such
cases stipulations under letter A art. 7, pertaining to return fees being borne
by the Client, shall apply.
- Confidentiality of Personal Data
By accepting the present Terms and Conditions,
the Client expressly grants his/her consent as regards the collection of
personal data by the Company.
Aimelia Apparel Wholesale commits to strictly
observe stipulations in Directive no. 95/46/EC of the European
Parliament and of the Council on the protection of individuals with regard to
the processing of personal data and on the free movement of such data and it
undertakes not to transmit personal data of Clients to third parties, except
the courier service company responsible with order delivery and except the
payment institution that administers the website secured payment system.
Thus, the Company undertakes that personal
data shall be processed in a fair and legal manner, for determined, explicit
and legitimate purposes, and that such data shall not be subsequently processed
in a manner that is not compatible with these purposes.
The Company undertakes that requested data
shall be relevant and not excessive as regards the purposes for which they are
collected and subsequently processed and that they shall be kept in a form that
allows the identification of individuals for a period no longer than it is
necessary to attain the purpose of their collection or of their subsequent
processing.
Data requested on this website are: name, last
name, telephone number, domicile and e-mail address. When an order is placed,
additional data are requested: delivery address and invoicing address, data
pertaining to the Client’s payment instrument and other necessary data.
Aimelia Apparel Wholesale shall be able to use
collected personal data only for the declared purpose of this website, which is
to send order confirmations and deliveries to users.
- Other stipulations
The website and all its elements (Web
graphics, texts, programs etc.) are protected by Law no. 8/1996 on copyright
and related rights. Usage, without our consent, of any element included on this
website is punishable according to laws in force.
These Terms and Conditions are the entire
agreement between Aimelia Apparel Wholesale and Users/Clients in relation to
the latter using our website and it supersedes any prior understandings or
agreements (verbal or written) pertaining to Client’s usage of our website.
- Applicable law
By accepting the present Terms and Conditions,
parties concur that the law applicable to legal relationships arising in
relation to services provided by the Company via the present website is the
Romanian law.
Pursuant to stipulations in art. 3 of Law no.
365/2002 on electronic commerce, the present law is applicable to service
providers established in Romania and to services they provide; legal
relationships arising in relation to the Company’s services are subject to
stipulations in force of Romanian laws that are part of the co-ordinated
legislation, when offered by service providers established in Romania.
- Dispute settlement
Disputes that may arise between Aimelia
Apparel Wholesale and Clients shall be settled amiably.
If an amiable settlement is impossible,
disputes shall be forwarded to Romanian courts of law holding juridical
jurisdiction pursuant to stipulations in the Code of Civil Procedure, and to
Romanian courts of law holding territorial jurisdiction over the Company’s
registered office.