General Terms and Conditions (GTC)
I. About us
https://www.theberberis.com service offered by Beáta Teréz Durnea, self-employed entrepreneur, registered in the Commercial Register under number F19/619/2023, with the unique registration code 48851303, Location: 535600 Odorheiu Secuiesc, 1 December 1918 3/5
You can contact us as follows:
Postal address: 535600, Odorheiu Secuiesc (Romania), 1 December 1918 3/5.
E-mail address: the.berberis.shop@gmail.com - both for cooperation and partnership purposes
Telephone: +40 727 346 189
Details of the hosting company:
Name: Shopify International Limited
Registered office: 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland
E-mail address: support@shopify.com
II. About theberberis.com
theberberis.com is an e-commerce service that gives users the opportunity to take possession of the products displayed. Products are purchased on the basis of orders received via the website or by e-mail.
III. Intellectual property
The content and design of theberberis.com and all other related material sent to you by e-mail or otherwise made available to you (e.g. articles, designs, product descriptions and all other material) is the property of the company and/or, where expressly indicated, its employees (copyright) and is protected by intellectual property rights. You may not use, reproduce, or permit anyone else to use or reproduce theberberis.com materials without the prior written permission of the company.
You may not frame or utilize framing techniques to enclose theberberis.com trademarks, logos, or other proprietary information (including images, text, interfaces, forms) without the prior written permission of the Company.
IV. User registration
The theberberis.com website is accessible free of charge and simple browsing of the pages does not require user registration (creation of a user account on the website). User registration implies prior acceptance of the terms of use and privacy policy of theberberis.com website. These provisions form the contractual basis of the relationship between the user and the Company.
theberberis.com may sell products to children under the age of fourteen (14), but also sells to adults who are eligible to pay online by credit card or any other payment method accepted by theberberis.com. If you are under the age of fourteen (14), you may purchase theberberis.com products only with the assistance of a parent or guardian.
Theberberis.com reserves the right to close accounts, modify or remove text, images, hyperlinks, or refuse to sell products at its sole discretion.
V. Personal data
When registering as a user of theberberis.com, we ask you for a series of personal data, such as your first and last name, e-mail address, which allow us to identify you as a user of theberberberis.com.
You will also need to provide us with a valid email address and other information about yourself to subscribe to theberberis.com newsletters or notifications. Please visit our Privacy Policy page to learn about the information collected by theberberis.com, how it is used, and your privacy rights.
VI. The buying process
To purchase and take possession of the products offered for sale on theberberis.com, you must go through the following steps:
- Identify and select the products
- payment of the products: payment is made by online payment by credit card, bank transfer or cash on delivery, in accordance with the conditions set out in Chapter VII. The final cost includes the price of the product ordered, including packaging and delivery costs.
By placing an electronic order on theberberis.com, you accept the form of communication (e-mail) by which the site carries out its activities.
Concepts:
Parties: Jointly the Seller and the Buyer
Consumer: natural person outside the scope of his/her profession, self-employment or business
Consumer Contract: is a contract in which one of the subjects is a consumer.
Website: this website for the conclusion of the contract
Contract: A sale and purchase agreement concluded between the Seller and the Buyer for the use of the Website and electronic mail
Means of communication between absentees: means suitable for making a contractual declaration in the absence of the parties in order to conclude a contract. In particular, such tool may be a form without addressee or address, standard letter, ad with order form attached to a newspaper, catalogue, telephone call, telefax, or any tool providing access to the Internet.
Contract signed between the absentees: a consumer contract concluded in respect of the product or service subject to the agreement, within the framework of distance selling without the simultaneous physical presence of the parties, where the contracting parties exclusively use distance communication tools for the conclusion of the agreement.
Product: any marketable movable property included in the offer of the Website and intended for sale on the Website, which is the subject of the Contract
Entrepreneurship: persons acting in the course of their profession, self-employment or business
Customer/You: the person concluding the contract making the purchase offer through the Website
VII. Description of the purchase
VII.1. Prices
The products on this site are tax exempt. In addition, they do not include packaging and delivery costs, which are added to the price of the products at the final stage of the order. The products displayed can only be ordered online. Shipping costs include packaging costs. If a promotional price is introduced, the Service Provider will fully inform Users of the duration of the promotion.
Procedure in case of incorrect price
It is considered a manifestly incorrect price:
- Price 0 EUR,
- a price reduced by a discount but incorrectly indicating the discount (e.g.: a product with a price of EUR 1000 and a 20% discount but offered for EUR 500)
In the case of a wrong price, the Seller will offer the possibility to buy the product at the actual price and the Buyer will be informed and can decide whether to order the product at the actual price or to cancel the order without any negative legal consequences.
1. Product Selection
By clicking on the product categories on the website you can select the desired product line, and the individual products. By clicking on each product, you will find the photo, description and price of the product. In case of purchase, you will have to pay the price displayed on the website. Each product is illustrated by a photo. Any accessories or decorative items are not part of the product, except it is otherwise indicated in the product description. Please note that we may not be made liable for any typographical errors or incorrect data!
2. Add to cart
After selecting the product, you can add any number of products to the cart by clicking on the "Add to cart" button, without incurring any purchase or payment obligations, as adding them to the cart does not constitute an offer. It is recommended that you place products in the shopping cart even if you are not sure if you wish to purchase that product, as in this way you can overview the selected items with a single click, and you may view them and compare them displayed in one single screen. The contents of the Cart can be freely modified until the finalization of the order - until the "Order" button is pressed -, any products can be removed from the cart, any additional products can be added to the cart, or the desired product number can be changed.
3. View Cart
When using this website, you may view the items in the Shopping Cart by clicking on the "View Shopping Cart" icon at the top of the page any time. Here you may also remove a selected product from the Shopping Cart, or to change the number of products you wish to buy. The system will automatically update the information corresponding to the data you have changed, including the price of the products you have added to your cart. If you want to continue shopping, press the "Continue shopping" button. If you do not wish to select additional products and add them to your shopping cart, please read and accept the General Terms and Conditions and the Privacy Policy of the website before clicking on the "Order" button.
4. Enter customer information
After pressing the "Order" button, the "Cart Contents", "Contact Details" and "Shipping Address" boxes are displayed.
In the "Contact Information" block you can enter your e-mail address, while in the "Shipping Address" block you need to enter your full name, company name, address and phone number.
In the "Cart Contents" block you will find the summary of your order. The "Cart Contents" block in the "Enter Data" menu does not yet include the cost of shipping, it is added to the purchase amount under the "Shipping" menu. After entering your contact and shipping information, you can validate the given shipping method by pressing the "Go to shipping methods" button, and then you can see the price of the given shipping method, which is already added to the purchase amount. You can select your preferred payment method or enter your billing address by pressing the "Continue to Payment Methods" button.
After completing the above text boxes, you can click on the "Order Summary" button to view your contact, shipping, billing, payment information and the content of your order.
5. Finalizing the order (bidding)
After checking that the contents of the Shopping Cart are the same as the products you wish to buy, and your data are correct, you may place your order by clicking on the “Order” button. Any information provided on this website does not constitute the Seller’s offer to conclude a contract. In the case of orders falling within the scope of these GTC, you are considered to be the bidder.
By pressing the "Order Now" button you expressly acknowledge that your offer has been placed, and such declaration - if confirmed by the Seller in accordance with these GTC - shall result in your payment obligation. You are bound by your offer for 48 hours. In case the Seller fails to confirm your offer within 48 hours in accordance with these General Terms and Conditions, you will be exempted from such offer bond.
6. Order processing, contract creation
You may submit your order any time. No later than the working day following submitting the offer, the Seller shall confirm your offer to You via email. The contract is concluded when the confirmation email sent by the Seller becomes available to you in your mailing system.
VII.2. Payment methods
You can choose from the following payment methods to pay for the products you have ordered:
Direct bank transfer
- You can also pay for products by bank transfer. The bank details required for the transfer are:
Name: Beáta Teréz Durnea
Name of financial institution: OTP Bank Romania
Account number: RO74OTPV261001601730RO01
The payment deadline is 3 days after the invoice is issued. After the expiry of the payment deadline, the order related to the unpaid invoice will be cancelled and the Buyer will be informed of the cancellation by e-mail.
Online credit card payment
Shopify Payments provides fast and secure online payments for our webshop. Customers' credit card details are not transmitted to our store.
Cash on delivery
IX. Product exchange
If the ordered product is not of the correct size and the User requests an exchange, the Customer shall bear the cost of returning the product for exchange. In the case of returned goods, if the exchange is not possible (no size, out of stock), the User may request a refund of the purchase price of the product.
The Consumer has the right to notify the trader in writing within 10 working days of the date of receipt of the product or, in the case of the provision of a service, of the conclusion of the contract, to cancel the purchase without penalty and without giving any reason, in accordance with the provisions of Decree 130/2000.
If you wish to exercise this right, you have the following obligations:
- return the purchased product in its original packaging, undamaged and at your expense
- return the purchased product in good working order, undamaged, in the condition in which it was delivered to you
X. Applicable legislation
The services offered by the company through theberberis.com are subject to the provisions of the Romanian legislation, in particular Law 365/2002 on electronic commerce, Regulation 130/2000 on consumer protection in the conclusion and performance of distance contracts, GD 448/2005 and European Directive EC/96/2002, which regulates the green stamp tax regime for electronic products.
Theberberis.com terms and conditions are governed by Romanian law. In the event of a dispute, we will first attempt to resolve the dispute amicably within 30 working days of the registration of the complaint on theberberis.com. If no agreement is reached within the aforementioned period, the dispute between the parties shall be submitted to the competent courts in Bucharest.
09.25.2023.