General terms and conditions of sale and use

Dear online visitors,

Welcome to MARY DESIGN store. Our team strives to manage this online store to provide you with a pleasant shopping experience.

1. GENERAL ASPECTS

These Terms and Conditions ("General Terms and Conditions of Sale and Use") govern the relationship between MARY DESIGN BIJUTERII SRL, a limited liability company of Romanian nationality, with its registered office located in Romania, Galati County, Vinatori Street, no. 1B, registered at the Trade Register Office attached to the Galati Court under no. J17 / 407 / 03.03.2021, unique European identifier (EUID) ROONRC.J17 / 407/2021, unique registration code (CUI) RO 43842290 (“Company”, or “We”) and persons using ( "User") the website www.marydesign-shop.ro (the "Site") and / or the services provided by the Company through the Site (the "Services").
This website is operated by SC MARY DESIGN BIJUTERII SRL. On this site, the terms "new" and "ours" refer to MARY DESIGN. MARY DESIGN provides this website, including all information, tools, and services available on this site to you, the user, and you agree to all of its terms, conditions, policies, and notices set forth herein.
Please read the General Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these General Terms and Conditions of Sale and Use. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
All new features and tools that will be added to this store at a later date will also be subject to these General Terms and Conditions of Sale and Use. You can view the latest version of the General Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, modify or replace any part of these General Terms and Conditions of Sale and Use by posting updates and / or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website after the posting of any changes constitutes your acceptance of those changes.
In order to use the services, we may ask the user to express their agreement to these Terms and Conditions by a specific action, which has the meaning of an unequivocal consent (eg ticking the specific box "I have read and agree to the terms and site conditions ”).
In order to ensure compliance with the terms of access and use of the Services, Users must verify at each time accessing the Site and the General Terms and Conditions of Sale and Use. Even if you fail to review the terms and conditions, but use the Site, we will assume that you have accepted this set of Terms and Conditions (including any updates to them).
By agreeing to these General Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence and that you have given us your consent to allow any minor to use this website. , for which you are responsible.
Use of our products for any illegal or unauthorized purpose is prohibited, and you must not, while using the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws). >
If you do not agree to all of the terms and conditions of this agreement, then you must not access the website or use the services provided on it.
Our store is hosted on Shopify Inc. They offer us an e-commerce platform that allows us to sell you MARY DESIGN products / services.
Definitions:

Site - marydesign-shop.com domain
Account - the section of the Site consisting of an e-mail address and a password that allows the Buyer to send the Order and which contains information such as username, password, delivery address and order history. The user will ensure that all account information is correct, complete and up to date.
User - any natural person over the age of 18 or a legal person registered on the Site, who, by creating the Account, agrees to the site-specific clauses in the General Terms and Conditions of Sale section, and use.
Buyer - any natural person over the age of 18 or a legal entity who creates an Account on the Site and places an Order
Favorites - section of the Account that allows the User to create Lists of products that he wants to follow in order to make a possible purchase.
Favorites list - the section of the Account where the User can add products that he wants to follow in order to make a possible purchase. The user can make changes to the List by adding or deleting products or transferring them to the Shopping Cart.
Shopping Cart - Account section, where the User can add products they want to purchase
Order - The electronic document by which the Buyer transmits to the Seller his intention to purchase products from the Site.
Contract / Invoice a- represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

12. Content:

All information on the Site that can be accessed via electronic equipment.
Any form of communication transmitted by Seller to Users by any electronic or other means.
Commercial Communications - Messages via the Website, e-mail, mobile phone in which the Seller sends to the User information about ongoing campaigns, current or future offers and promotions, retargeting campaigns, opinion polls or general information
Transaction - the collection or refund of an amount resulting from the sale of a product through the Site, depending on the method of payment or refund

2. INTELLECTUAL PROPERTY LAW

All materials used on the Site are the intellectual property of the Seller. In the event of copyright infringement, the email address contact@marydesign-shop.com is provided.
The content, logos, stylized representations, commercial symbols, static images, dynamic images presented on the Site, are the exclusive property of the Seller.
No part of this site may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, such as, or, or
You may copy, transfer and / or use the Content only for personal or non-commercial purposes only if it does not conflict with the provisions of the General Terms and Conditions of Sale and Use . / li>
The articles (texts + images) published by the Company are under the protection of the laws on intellectual property rights (such as - but not limited to: Law No. 8/1996 on copyright and related rights , Law No. 84/1998 on geographical marks and indications ). Reproduction of any written or illustrative material in these articles is strictly prohibited without the prior written consent of the publisher.

3. SITE MESSAGE CONTENT

Users (registered / unregistered) are solely responsible for the content of their messages.
In order to establish a communication link based on decency and mutual respect in the comments section provided by the Site, we ask all users to take into account the following rules:

Do not use indecent language; insults of any kind are not allowed; It is not allowed to use names that contain insults, trivia, vulgar words;
Antisocial messages are not allowed; those that incite illegal actions, violence or xenophobia;
Posts that contain discrimination are not allowed, regardless of whether they relate to gender, age, religion, sexual orientation, etc .;
All messages express only the views and opinions of their authors; the entire responsibility, from a legal point of view, rests entirely with the authors both in the case of the articles posted on the Site and of the messages and materials uploaded by the users of the Site;
In order to be able to reply individually to different posts, please fill in the real e-mail address;
Any violation of this policy will result in the deletion or modification of the posted message;
Account name: It is not allowed to use names with sexual connotations;
It is not allowed to use offensive names for various social categories;
It is forbidden to broadcast defamatory, threatening, vulgar, obscene messages that urge racial hatred, malicious intent, inaccuracy, or that are in any way contrary to the law, both in the forum and in any other place on website.
It is forbidden to use the information provided by other members for material or commercial purposes.
It is forbidden to collect / collect personal data about other Users of the Site;
It is not allowed to use names that, through their content, advertise on various sites, companies or products;
It is forbidden to post, upload or transmit in any way on the Site illegal materials or materials that do not comply with applicable law, including copyright, trademark or other industrial property rights;
It is forbidden to use the Site for the purpose of promoting illegal activities, or providing information related to illegal activities;
It is forbidden to use the Site for posting or transmitting advertising, promotional or "spam" messages;
Messages containing personal data such as phone numbers, addresses, personal number codes, registration numbers, messenger IDs, e-mail addresses are not allowed.
It is forbidden to claim to be another person, to represent another institution, or to falsely claim to be affiliated with another person or institution;
For non-compliance with these rules by Users, the Company reserves the right to prohibit access to the Site and / or any of the Services offered
The company does not control, only monitors the content of the messages transmitted on the Site.

4. STATEMENTS AND WARRANTIES

The company does not guarantee that the information contained in the Site is fully complete or accurate;
The company does not guarantee that the information entered by the users of the website is real, correct and does not assume responsibility for the way in which visitors use it. Identification data can be corrected at any time by the user, by accessing the personal account.
The company does not guarantee that the information or services on the Site will satisfy all the requirements of the visitors;
The company does not assume responsibility for the results obtained by visitors as a result of using the information or services on the Site; the use of the information and services on the Site is at your own risk;
The company does not guarantee that the services on the Site will operate constantly, uninterruptedly, without errors;
The company does not assume any responsibility for any damage that Users may suffer due to temporary or malfunctioning of the Site or for the use of information obtained by using the links from the Site to other sites (their use is at the discretion of Users).
The company is not responsible for damages, accidents or defects of the products purchased from this store produced by their use;
The company is not responsible for differences in color, shade, accessories or other details of the products presented. All products are handmade, so there are small differences between these features.
The company does not assume any responsibility for the delay in the delivery of the order by the postal service provider, or for the destruction, damage or loss during transport to the consignee, which is the responsibility of the postal service provider.
The company is not responsible for the impossibility of fulfilling an order due to the exhaustion of stock.

5. INFORMATION ABOUT THE PRODUCTS / SERVICES OFFERED

SC MARY DESIGN BIJUTERII SRL makes every effort to display as clearly as possible the colors and images of our products that appear in our store. We cannot guarantee that the color display on your computer screen will be correct.
We reserve the right, but are not obligated to do so, to limit the sales of our products or services to any person and in any geographical area or jurisdiction We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right not to offer a product at any time. Any service or product offer made on this site is void where prohibited by law.
We do not warrant that the quality of the products, services, information, or any other goods that you have obtained or purchased will meet your expectations, nor will any errors in the Service be corrected.

6. ONLINE SALES POLICY

Each product has a short description and the price displayed in Lei / Eur as the case may be, being accompanied by images
All prices of the products presented on the Site are expressed in Lei / Eur and include T.V.A.
Any User may use the Site to place an order with the Seller.
The user can communicate with the Seller by accessing the Chat made available to him on the Site, or through the e-mail addresses and telephone numbers mentioned in the Contact section.
The Seller is free to use the data received from the User, according to the privacy policy, in order to carry out case studies, buyer profile, buyer behavior in order to improve the services.
Before purchasing, users can view the final transaction value expressed in Lei / Eur as appropriate.
The user has the option to return to the order form and change the name, delivery address, phone number, and some options.
Orders will be confirmed by sending an automatic message to the user-specified email account.
Orders received on weekends and holidays will be processed starting with the first business day.
The order is considered a contract and is subject to legal provisions. Orders placed by buyers who have not picked up parcels by express courier will be automatically canceled, as the case may be, advance payment will be required!
The registered buyer will have access to the history of his own orders, by accessing his own account, these being kept on the server.
Any request from buyers will be processed and / or communicated to address the issues as soon as possible.

7. ACCURACY OF INVOICING AND INFORMATION PROVIDED INTO THE USER'S ACCOUNT

We reserve the right to refuse any order placed with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, or per order. These restrictions may include orders placed with the same buyer account, credit card, and / or orders that use the same billing and / or shipping address. If we change or cancel an order, we may try to notify you by contacting the email address and / or billing address / phone number provided when placing your order. We reserve the right to limit or prohibit orders that, in our opinion, may come from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed in our store. You agree to promptly update your account and other information, including your address.email, credit card numbers and expiration dates so we can complete transactions and contact you as needed

8. SERVICE AND PRICE CHANGES

Our product prices are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice and at any time.
We will not be liable to you or any other third party for any price changes, suspensions or interruptions to the Service.

9. CONTRACTUAL DOCUMENTS

By registering an Order on the Site, the Buyer agrees to the form of communication chosen by the Seller for its commercial operations (telephone or e-mail).
After placing the Order, Buyer will receive an electronic notification from the Seller at the email address specified when creating the Account. This notification does not accept the order.
If the ordered product (s) is no longer in stock, the Seller will notify the Buyer of the situation and offer similar products to the Buyer. If the Buyer does not wish to purchase other products instead of the unavailable ones, the Seller will return to him the amount paid for the initial Order, if applicable.
The contract between the Buyer and the Seller is considered concluded at the moment when the Buyer will receive the product from the Seller, after making the payment according to the agreed terms.

10. RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

The seller reserves the right to refuse (not to accept) the buyer's proposal to conclude the contract if the latter has used false information regarding personal data. In this case, the seller will notify the buyer immediately in order to make a decision on the order. Each order is processed individually to meet the need of the buyer.
The buyer, natural person / who does not have a tax identification code has the right to withdraw from the contract within 14 days from the date of receipt of the order according to the laws in force and to send the goods back to the seller. According to this paragraph, the buyer has the right to open the package and test the goods as if they were buying from a physical store, in order to verify their nature, characteristics and functionality of the goods.
The buyer must notify the intention to withdraw from the contract in writing by email to contact@marydesign-shop.com , together with the order number / invoice number but also the number account for refund. The withdrawal period remains valid if the buyer announces the intention in time.
The buyer who withdraws from the contract must pay the costs necessary to return the goods, if the purchased goods are without defects and in perfect condition. (Buyer bears the cost of delivery and also assumes responsibility for the risk of a defect during transport back to the seller.) Reimbursement is made within 14 days of withdrawal from the contract - from the day the seller was informed of the decision. withdrawal from the contract using the same payment method used by the buyer for the initial transaction. The refund is made to the bank account indicated by the buyer.
In the case of withdrawal from the contract and return of goods, which were sent with a gift, it is the buyer's obligation to return the goods with everything received. If the buyer keeps the gift received, the seller will issue an invoice with the value of the gift online store website. The value of the gift will be deducted from the price of the returned product.
Returned goods must meet the following conditions:

They must be properly packaged to avoid damage to the product
must not have been worn, the goods must not show signs of wear according to Law 102/2014
Must be complete (with all gifts)
Goods must be returned with a copy of the invoice
Do not return the goods with delivery payment (cash on delivery). If they are sent with payment upon delivery, the goods will not be taken over.
In case of personal delivery of the goods, it is necessary to agree in advance the delivery date.
If the buyer makes any changes to the product (engraving, shortening or other changes), the trader is not obliged to receive the product back and thus the buyer loses the right to exchange.
In case of return of the goods, the seller is not responsible for the loss or damage of the products during transport - it is the buyer's responsibility to pack the products properly to prevent damage to them.

Obligations of the seller in case of withdrawal

The trader will reimburse all amounts received from the consumer, including, where applicable, the costs of delivery, without undue delay and in any case no later than 14 days from the date on which he is informed of the consumer's decision. withdraw from the contract. The trader will make the refund using the same means of payment that the consumer used for the original transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not pay any fees as a result of this refund.
The merchant is not obliged to reimburse the additional costs if the consumer has expressly opted for a delivery type other than the standard one offered by the merchant.
Unless the trader has offered to collect the goods himself, he may defer the refund until the date of receipt of the goods or until the consumer provides proof that he has sent the goods, taking into account the most recent date. li>

Obligations of the consumer in case of withdrawal

Unless the trader has offered to collect the goods himself, the consumer will return the products or deliver them to the trader or a person authorized by him, without undue delay and in any case no later than 14 days. from the day he communicated his decision to withdraw from the contract. The deadline is met if the consumer returns the goods before the expiration of the 14 days.
The consumer bears only the direct costs of returning the goods, unless the trader has agreed to bear them himself or the trader has not informed the consumer.
The consumer is only liable for a reduction in the value of the goods resulting from the handling of the goods, other than those necessary to determine their nature, characteristics and operation.In any case, the consumer will not be liable for the diminution of the value of the goods if the trader has failed to inform him of the right of withdrawal from the contract
The buyer is fully responsible for the accuracy and integrity of the bank details required for the refund. In case of sending incorrect banking data, the seller is not responsible for errors caused by sending incorrect data.
The obligations and responsibilities assumed by the parties before the date of termination will remain in force after the termination of this agreement for all purposes.
These General Terms and Conditions of Sale and Use are in effect until terminated by you or not. You may terminate these General Terms and Conditions of Sale at any time by notifying us that you no longer wish to use our Services or that you cease to use our site.
If we believe, in our sole discretion, or suspect that you have not complied with the terms and conditions set forth on the General Terms and Conditions of Sale and Use, we may terminate this Agreement at any time without prior notice and you due until the date of termination (inclusive) and / or we may deny you access to our Services (or any part thereof).

11. PERSONAL DATA PROCESSING

By using the contact form or the service present on the Site, the User declares that he agrees to be contacted by the Seller by any available means, by filling in the information in the contact data: name, surname, e-mail address , telephone number and understands that this data is to be processed in the Seller's database in order to improve services and business relationships.
Regarding cookies, please refer to the Cookies Policy displayed on the website www.marydesign-shop.com
Regarding the general provisions on the protection of personal data, please refer to the GDPR Policy posted on the website www.marydesign-shop.com

12. CONFIDENTIALITY

MARY DESIGN collects the following personal information through the Site:
Contact information (last name, first name, age, email address, delivery address, phone)
Username and password
Comments and other content provided by the Buyer
Information about personal interests
Location data (derived from IP address and delivery address)
Information about Buyer's online activities (device information, browsing history, and behavior) by using cookies
MARY DESIGN uses this information for the following purposes:
To evaluate and improve the quality of services and products, to analyze products and the customer base, data analysis and other internal functions
To communicate with the User via e-mail, mobile phone
To keep up to date with relevant industry standards
To respond to Buyer's requests
Demographic information

13. ERRORS, INACCURACIES AND OMISSIONS

From time to time there may be information on our site that may contain typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, fees, product delivery, time delivery and availability.We reserve the right to correct any errors, inaccuracies, omissions and to modify or update information or cancel orders, if any information in the Service or on any partner website is inaccurate and at any time and without notice (including after you have placed your order).
We have no obligation to update, change or clarify any information in the Service or on any partner website, which includes but is not limited to price information, except as required by law.

14. RETURN POLICY

Products can be returned within 14 calendar days of receipt, without penalty and without a reason. The costs incurred by the buyer are those of direct return of the products (O.G. 34/2014)
Reimbursement of the amounts paid by the buyer will be made in compliance with legal provisions, within a maximum of 14 days from the date of termination of the contract by the consumer (O.G. 34/2014).
The buyer cannot claim any damages - moral or material - over the amount paid for the order / orders.
The products will be returned in the original packaging, with the components or accessories received upon purchase. The objects must have the same appearance as when they were received and, as the case may be, the seals must be intact or have no marks attesting to operations prohibited by the manufacturer or supplier of the products.
If the returned products show signs of wear, bumps, scratches, missing accessories, traces of perfume or various maintenance products, we reserve the right to decide on the acceptance of the return or to stop an amount of the value of the product depending on of the damages caused. In case of repeated returns, we reserve the right to refuse the return. The seller is not obliged to receive the product back and thus the buyer loses the right to exchange.

15. BILLING - PAYMENT

After completing the Order, the Seller will issue to the Buyer an invoice for the delivered products, based on the data provided by him (e-mail address), according to the legislation in force.

The buyer can choose from the following payment methods:

Refund payment - you can pay for the products when the package is delivered.
Credit / debit card payment - you pay with maximum security.
Payment by bank transfer to:

MARY DESIGN BIJUTERII SRL
RO74BRTLRONCRT059255270
SWIFT Code: BTRLRO22

Shipping is not included in the price of the goods.

Invoice shows proof of purchase. It is available in electronic format (PDF file) in the buyer's account. The invoice also serves as a confirmation of delivery and as a guarantee certificate.

16. DELIVERY OF GOODS

The seller will ensure the proper packaging of the products for optimal handling and the transmission of documents necessary for delivery. More information on how to deliver can be found on the Delivery Terms page.

17. ORDER

The seller accepts orders registered online and by e-mail, 24 hours a day. Customer service is available by e-mail every working day from 10:00 to 20:00, and on weekends and public holidays from 11:00 to 15:00. free (when not working, holidays, etc.) are processed by the seller the next working day.
Seller enters into a contract or contracts with the buyer by registering the buyer's order on the website marydesign-shop.com
The goods, listed in the order and selected by the buyer from the offer available in our eShop, become the object of the contract.Buyer may place an order without registering. Information on dimensions, colors and other specifications regarding the goods on the site, in catalogs, brochures and other media is provided as received from manufacturers and suppliers. We undertake to supply only goods in perfect condition and in accordance with the specifications and characteristics typical of the products in question.
The Buyer places the Order by adding the products to the Shopping Cart and completing the Order upon payment, choosing one of the methods specified by the Seller.
Any product added to the Shopping Cart is available for purchase as long as it is in the Seller's stock. Adding a product to your shopping cart without completing the order does not constitute order registration or automatic reservation of the product.
In order to successfully register an order, you must complete all required information on the order form. The order automatically becomes a sale-purchase agreement. It shall enter into force when the goods have been delivered. Once the order has been shipped, the buyer will receive an automatic email regarding the registration of the order in the seller's system (hereinafter referred to as " order confirmation "). sales information, information about the price of the goods, the name and information about the place where the goods will be shipped and details about the price, conditions, delivery methods, details about the seller (business name, address, registration number, Trade Register number), and any Any additional information regarding the order can be sent to the buyer's email address, and the seller reserves the right to contact him to confirm the address and by phone. that it was registered in the seller's system but does not mean that it is also an acceptance of the conclusion of the contract d It's a sale-purchase.
By completing the order form and completing the payment, the Buyer assumes responsibility that all data provided is correct and complete at the time of purchase.
By completing the Order process, the Buyer agrees that the Seller may contact him by all means provided, when the situation so requires.
In cases where the bank issuing the Buyer's card does not accept payment - in case of online payment, or the data provided by the Buyer are erroneous or incomplete, the Seller grants the right to cancel the Order. It will give notice to the Buyer and will be exempt from any subsequent obligation.
The seller will then send information to the buyer's email address regarding the acceptance of the order (" Accept order ").

18. DISPUTES

These Terms and Conditions are subject to the laws of Romania. Any disputes between the Seller and the Users / Buyers will be settled amicably or, if this is not possible, the disputes will be settled by the competent Romanian courts.

19. COMPENSATION

As a Buyer, you agree to indemnify, defend and protect MARY DESIGN BIJUTERII SRL, our parent company, subsidiaries, affiliates, partners, managers, directors, agents, contractors, licensors, service providers , subcontractors, suppliers, trainees and employees. Including reasonable attorney's fees incurred by any third party in the lawsuit or resulting from your infringement.these General Terms and Conditions of Sale and Use or the documents to which they relate, or your breach of any law or the rights of any third party.

20. CONTACT

Questions regarding the General Terms and Conditions of Sale and Use can be sent to contact@marydesign-shop.com

Useful addresses:

European Platform for Online Dispute Resolution (SOL)
National Authority for Consumer Protection