Terms & Conditions
1. GENERAL RULES
1.1. The website www.instaluxury.ro represents an electronic commerce platform (“Virtual Store”) owned and managed by S.C. NISRE S.R.L, CUI RO33570172 | J23/2634/2014, Soseaua Oltenitei 204, Popesti Leordeni (“Company”).
1.2. This set of terms and conditions (“Terms and Conditions”) defines any contract under which the Company transfers or undertakes to transfer ownership of certain products to the Buyer, and the Buyer pays or undertakes to pay their price, including any contract entitled object both products and services offered through this Virtual Store.
1.3. THE USE OF THE VIRTUAL STORE IS PROHIBITED FOR PEOPLE WHO HAVE NOT REACHED THE AGE OF 18 YEARS.
1.4. The information presented in the Virtual Store may not be reproduced, distributed or transmitted to another person or incorporated in any way in another document or material without the prior written permission of the Company.
2.1. In this document, except for the situations in which the terms are defined within the Terms and Conditions, or if the context does not indicate otherwise, the capitalized terms will have the meaning provided in the following:
Order – means the legal act by which the Buyer requests, through the Virtual Store, the Seller to deliver the ordered products, the Buyer agreeing to pay their value and / or any associated delivery costs.
Contract – means the sales contract concluded between the Buyer and the Seller, as a result of the confirmation by the Seller of the Order placed by the Buyer.
Buyer – means any natural or legal person who places an Order through the Virtual Store.
Product – means the good available in the Virtual Store to be supplied to the Buyer as a result of the Contract concluded between the Seller and the Buyer.
Seller or Company – means S.C. NISRE S.R.L
3. ACCEPTANCE OF THE TERMS AND CONDITIONS
3.1. Use of the Virtual Store implies acceptance of these Terms and Conditions.
3.2. BY CHECKING THE “I ACCEPT THE TERMS AND CONDITIONS” BOX, THE BUYER EXPRESSLY AGREES TO FOLLOW ALL CLAUSES OF THIS SET OF TERMS AND CONDITIONS, AS WELL AS ANY OTHER TERMS AND CONDITIONS, APPLICABLELY.
3.3. AT THE SAME TIME, BY PLACING AN ORDER THROUGH THE VIRTUAL STORE, YOU AGREE THAT THIS INVOLVES A DIRECT OBLIGATION TO PAY THE SELLER FOR THE VALUE OF YOUR ORDERED PRODUCTS, AS WELL AS ANY TRANSPORT.
3.4. IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS SET OF TERMS AND CONDITIONS OR, IF APPROPRIATE, THE UPDATED PROVISIONS OF THE TERMS AND CONDITIONS, PLEASE DISCONTINUE USING THE VIRTUAL STORE.
4. PRODUCT INFORMATION
4.1. The products sold through the Virtual Store are new and at the time of delivery are accompanied by the invoice, according to the legislation in force.
4.2. The Seller may publish in the Virtual Store information about Products and / or promotions practiced by him in a certain period of time and within the available stock. All the information used for the description of the available Products (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.
4.3. The products are offered in the provided conditions and within the available stock. The Seller assumes the right not to honor a certain Order in case the respective Product is no longer in stock or for other reasons independent of the Seller cannot be delivered.
4.4. The Seller is not responsible for possible differences between the actual appearance of the Products (color, size, shape) and the one that may appear on the device used by the Buyer to access the Virtual Store.
5. PRICE INFORMATION
5.1. The prices displayed in the Virtual Store are expressed in Lei and contain VAT according to the law.
5.2. The Seller reserves the right to change the price of the Products without prior notice. However, Seller warrants that the value of the Order placed by the Buyer will not change after its confirmation by e-mail to the address specified by the Buyer.
5.3. The final price to be paid by the Buyer consists of the price of the Product, to which are added the related transport costs. Information on shipping costs is detailed in Section 8 (Delivery).
5.4. The costs of using the means of distance communication in order to conclude the Contract will be borne by the Buyer.
5.5. From the promotional programs developed by the Seller within the Virtual Store (eg El Unico Family, Coupons, etc.) are excluded the products that are part of the category “Cigarettes”, respectively “Classic Cigarettes” and “Neo”.
6.1. When you visit the Virtual Store and place an order or send us an e-mail, a remote communication takes place by electronic means.
6.2. When an Order is placed through the Virtual Store, the Buyer will be required to expressly accept these Terms and Conditions. The natural person buyer must be at least 18 years old in order to validly conclude a Contract. Prior to accepting an Order placed, the Company may request additional information from the Buyer to verify the fulfillment of the age conditions.
6.3. The order placed by the Buyer represents an offer launched to the Seller to buy a Product displayed as available in the Virtual Store. The acceptance of the order by the Seller is considered completed when there is a confirmation from the Seller to the Buyer, according to which the Order has been verified and will enter the delivery process. The contract is considered concluded only when the Seller sends the confirmation of acceptance of the Order to the e-mail address provided by the Buyer.
6.4. The Seller will inform the Buyer if, due to circumstances that cannot be reasonably controlled by the Seller, an ordered Product is unavailable or cannot be delivered within the indicated estimated term. The Seller will refund no later than the terms indicated in Section 8.9 below any amounts paid by the Buyer in advance for Orders that have not been accepted by the Seller or for Products that are not available and / or cannot be delivered.
7. METHODS OF PAYMENT
7.1. Payment for ordered products can be made:
a) online with the card;
b) in cash, cash on delivery.
7.2. In the case of online card payments, the Seller is not responsible for any other additional costs borne by the Buyer and established by the issuing bank of the card used by the Buyer, including without limitation the payment or currency conversion fees applied.
8.1. Delivery is made by express courier, to the address indicated by the Buyer. The seller delivers the ordered products only on the Romanian territory.
8.2. If the Buyer has opted for online payment, the Seller reserves the right to delay / refuse a delivery until such time as the amounts due for the Order placed are highlighted in the Seller’s accounts.
8.3. The transport costs are indicated in the section of the Virtual Store related to the completion of the Order.
8.4. The risk of loss or damage to the products is transferred to the Buyer when he or a third party designated by him, other than the carrier, enters into physical possession of the ordered Products.
8.5. The seller is the person who chooses the carrier. The Seller reserves the right not to honor Orders by which the Buyer expressly indicates that he wants the delivery to be made by another means of delivery.
8.6. After two unsuccessful delivery attempts, performed by the courier companies designated to deliver the Order, the Order will be considered canceled, and the Contract will be terminated.
8.7. The Seller reserves the right to no longer accept and ship orders to Buyers whose fault 2 (two) or more previously placed Orders could not be delivered successfully.
8.8. The delivery of the ordered Products will be made within [3 working days] from the confirmation of the Order or within another express term specified in the information regarding the confirmation of the Order.
8.9. If the delivery of the ordered Products does not take place within the stipulated term, the Buyer has the right to request that the delivery be made in an additional term. If the ordered Products will not be delivered within the additional term indicated by the Buyer, he has the right to request the termination of the Contract provided that the notice of termination is sent in writing to the Seller before the delivery of the ordered Products has started. in this case, the Seller will reimburse without undue delay all amounts paid, respectively:
a) in the case of the Buyer, the legal entity, within a maximum of 30 days from the date on which the Buyer communicated to the Seller the decision to terminate the Contract;
b) in the case of the Buyer, the natural person, in terms of maximum 7 days from the date on which the Buyer communicated to the Seller the decision to terminate the Contract.
8.10 The delivery cost is 20 lei (VAT included) and applies to orders that do not exceed the value of 200 lei (VAT included). For orders over 200 lei (VAT included), transport is free.
9. LEGAL GUARANTEE OF CONFORMITY (APPLICABLE TO PRODUCTS SOLD TO INDIVIDUALS)
9.1. The products sold through the Virtual Store are new and come from sources authorized by each manufacturer.
9.2. All Products sold through the Virtual Store benefit from conditions of guarantee of conformity in accordance with the legislation in force and, as the case may be, with the commercial policies established by the manufacturers.
9.3. The Buyer will receive upon delivery for each Product that benefits from the warranty a warranty certificate with all the details regarding the remedy of the related deficiencies.
9.4. The lack of the Product warranty certificate must be reported within a maximum of 48 (forty-eight) hours of receipt of the Product. Any subsequent notification will not be considered.
9.5. The lack of conformity cannot be invoked when it is caused by the incorrect use of the Product by the Buyer or by the normal wear and tear of the Product.
10. RIGHT OF WITHDRAWAL
10.1. Individual buyers benefit from a period of 14 days to withdraw from the Contract, without the need to justify the withdrawal decision and without incurring other costs other than those provided by law, respectively:
a) additional delivery costs, if the Buyer has explicitly chosen another type of delivery than the standard delivery offered by the Seller; and
b) direct costs related to the return of the Products.
10.2. Withdrawal from the Contract implies the termination, partial or total, of the Contract, in proportion to the quantity of Products that the Buyer no longer wishes to purchase.
10.3. The withdrawal period will expire within 14 days calculated from:
a) the date on which the Buyer, or a third party, other than the carrier and which is indicated by the Buyer, enters into physical possession of the Products; or
(i) if the Buyer orders through a single Order multiple products that will be delivered separately, the day on which the Buyer or a third party, other than the carrier and which is indicated by the Buyer, enters into physical possession of the last product;
(ii) in the case of delivery of a Product consisting of several lots or parts, the day on which the Buyer or a third party, other than the carrier and which is indicated by the Buyer, enters into physical possession of the last product or part;
(iii) in the case of contracts for the periodic delivery of products for a determined period of time, the day on which the Buyer or a third party, other than the carrier and which is indicated by the Buyer, enters into physical possession of the first product.
10.4. In order to exercise his right of withdrawal, the Buyer must inform the Seller of the withdrawal decision, using an unequivocal statement, for example, a letter sent by post to the address: Sos. Oltenitei no. 204, Popesti Leordeni, Ilfov or by e-mail to the e-mail address: firstname.lastname@example.org . For this purpose, the Buyer can use the withdrawal form here, the use of this model is NOT mandatory.
10.5. The Seller will reimburse all amounts received as payment from the Buyer, including, where applicable, delivery costs, without undue delay and, in any case, no later than 14 days from the date on which it is informed of the decision. withdrawal from the Contract. Reimbursement of amounts will be made using the same payment methods as those used by the Buyer for the initial transaction, unless the Buyer agrees with the payment method proposed by the Seller. In this sense, the Seller will reimburse, as a rule, the amounts related by bank transfer to the IBAN account indicated by the Buyer in the declaration of withdrawal from the Contract.
10.6. The Seller may postpone the return of the amounts to the Buyer until the date on which the Seller receives back the Products, or until the moment when the Seller receives proof that the Products have been returned, being valid the nearest date.
10.7. The Buyer will bear the direct cost of returning the Products in respect of which he exercises his right of withdrawal.
10.8. According to the law, the Buyer is responsible for diminishing the value of the returned Products resulting from the handling of the Products, other than the manipulations necessary to determine the nature, qualities and functioning of the Products.
10.9. The following are exempted from the right of withdrawal from the Contract:
a) the supply of Products whose price depends on the fluctuations on the financial market that the Seller cannot control and which may take place during the withdrawal period;
b) the supply of Products made according to the specifications presented by the Buyer or clearly customized;
c) the supply of Products that are likely to deteriorate or expire quickly;
d) the supply of sealed Products that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the Buyer (such as cigarettes, cigars, alcoholic beverages, etc.);
e) the supply of excisable products marked with stamps, banners or any other type of specific marking applied according to the legal provisions, whose markings have been destroyed or damaged by the Buyer;
f) the supply of Products which are, after delivery, according to their nature, inseparably mixed with other elements;
g) the supply of alcoholic beverages whose price was agreed at the time of concluding the Contract, whose delivery cannot be made before 30 (thirty) days and whose real value depends on market fluctuations that the Seller cannot control .
10.10. In the case of the Products mentioned in Section 10.7 above, the Seller will not exercise the right of withdrawal, and the Buyer will bear any costs regarding the return to the Buyer of these Products.
11. RIGHT OF RETURN
11.1. Without prejudice to the right of withdrawal from the Contract according to the previous section, the Buyer also has the right to return the Products, partially or totally, and will bear all costs with the return of the Products. The return of the Products can be made within 14 days from their receipt.
11.2. In order to exercise his right of return, the Buyer must send to the Seller within the term indicated in Section 11.1 the completed return form, together with the relevant Product, to the address Sos. Oltenitei no. 204, Popesti Leordeni, Ilfov.
11.3. The product must be returned in the same condition in which it was delivered, with all the accessories, the complete documentation, with the labels intact or the fiscal stamp intact.
11.4. Also, if the returned Product shows traces of wear, wear, use, scratches, bumps, shocks, accessories or missing documentation, the Seller reserves the right to:
a) Refuses to return the Product; or
b) Accept the return and withhold a sum from the Price paid by the Buyer, proportional to the decrease in the value of the Product caused by the Buyer.
11.5. If the return has been refused for one of the reasons listed above, the return transport to the Buyer will be at his expense.
11.6. Reimbursement of the value of the returned Products will be made by bank transfer within 30 working days from the moment of confirmation of receipt and verification of the integrity of the Product. Payment will be made to the IBAN account indicated by the Buyer in the return form.
12. SPECIAL PROVISIONS APPLICABLE TO BUYERS LEGAL ENTITIES
12.1. Except for the provisions of this set of Terms and Conditions that expressly apply to Consumer Buyers, according to the applicable legislation, all other provisions apply accordingly to Buyers legal entities.
12.2. The buyer of the legal entity has the obligation to provide correct and complete data in the process of placing the Order.
12.3. The buyer, the legal entity, will provide at least the following data: name, registration number in the Trade Register, registration code for VAT purposes or fiscal identification code, registered office, delivery address, contact telephone number and name / surname of the representative / the contact person.
12.4. Orders with a value higher than 5,000 Lei can be honored only if the Buyer accepts the online payment method with the card.
13. LIMITATION OF LIABILITY
13.1. The delivery of the ordered Products may be delayed if the delivery cannot be made on time due to reasons that cannot be resolutely imputed to the Seller, such as: fires, explosions, floods, extreme weather conditions, strikes, lack of Products in the producers’ stock, stopping production, as well as any other situation that can be legally interpreted as a situation qualified as a cause of exoneration from liability according to the Civil Code.
13.2. If within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the Contract, the Seller being thus exonerated from liability for non-performance of the Contract.
13.3. The Seller does not guarantee that the Virtual Store, the servers on which it is hosted, or the e-mails sent are free of viruses or other computer components with a potentially harmful character, that it does not contain errors, omissions, defects, delays or interruptions in operation or transmission. or any other similar factors. The Buyer uses the Virtual Store at his own risk, the Seller being, to the extent permitted by applicable law, exonerated from any liability for any direct or indirect damages caused by using or accessing / visiting the Virtual Store or as a result of using the information on it. The seller is not responsible for errors or omissions that may occur in the drafting or presentation of materials within the Virtual Store.
13.4. The Buyer expressly agrees that the use of the Virtual Store and the purchase of the Products is at his own risk. Seller shall not be liable for damages of any kind that Buyer or any third party may suffer as a result of the Seller’s fulfillment of any of its obligations arising out of or in connection with the Contract and / or resulting from the use of the Products after delivery and , especially for their loss. This clause is without prejudice to any rights / remedies available to consumers for damages caused by defective products.
14.1. Any attempt to access the personal data of another user, to modify the content of the Virtual Store or to affect the performance of the server on which it runs, will be considered fraudulent attempt and will be criminally punished according to Romanian law in force by the competent authorities.
15. APPLICABLE LAW AND DISPUTES
15.1. The law applicable to the Contracts concluded through the Virtual Store is the Romanian law in force at the date of concluding the Contract.
15.2. Any dispute between the Seller and the Buyer will be settled amicably. If the amicable settlement of the dispute is not possible or any of the parties has waived this remedy, its settlement will be referred to the competent courts according to the common law at the Seller’s premises. in the case of disputes with a Buyer qualified as a consumer, the settlement of disputes will be referred to the competent court according to the common law.
16.1. The company can be contacted using the contact details mentioned in the Contact Section.
16.2. Unless the Buyer communicates any changes, notifications will be sent using the contact details provided by the Buyer at the time of placing the Order or when creating the user account in the Virtual Store, Buyers who have a user account in the Virtual Store may change the e-mail address. -mail for notifications using the dedicated options in the My Account section.
17. UPDATING THE TERMS AND CONDITIONS
17.1. The Company may update the Terms and Conditions from time to time, as the activity and services provided by it expand or change, or in the event that the Company is required by law to make changes. if the Company does so, it will display the most current version in the Virtual Store. Any modification of the Terms and Conditions will be opposable to the Buyers from the moment of their display in the Virtual Store. However, the contractual relations with a Buyer in execution will be governed by the provisions of the Terms and Conditions accepted by the Buyer prior to the update, except for updates or imperative changes imposed by the relevant legislation, immediately applicable.