TERMS AND CONDITION FOR BUYING AND USE OF THE SITE www.chouette-couture.com (or any other site in the CHOUETTE COUTURE network).

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DISCLAMER:THIS DOCUMENT IS A TRANSLATION OF THE ORIGINAL DOCUMENT FOUND AT www.chouettecouture.ro/termenesiconditii , by using this site you agree and understand that the document below is a translation, may contain mistakes and in a legal dispute the original document will be used and Romanian law will be applied. The client also understands that the Chouette Couture network may use automated translation tools that are not perfect and it is impossible for them to fully and correctly translate every aspect, meaning and expression of the target language.

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1. INTRODUCTION

This document (together with all documents referred to in it) sets out the terms and conditions governing the use of this website http://chouette-couture.com (in Continuation "chouette-couture.com"/"Site"/ "Site- the web") and placing product orders through this Website (hereinafter referred to as the "Terms").

 

Please read the Terms, our Cookie Policy and our Privacy Policy (hereinafter collectively referred to as the "Data Protection Policies") before using the Website and placing orders through it. By accessing chouette-couture.com and using this Website and/or placing an order through it, you expressly acknowledge the binding nature of the Terms and the Data Protection Policy and undertake to comply with these Terms and the Privacy Policy data protection.

 

If you do not fully accept the Terms and the Data Protection Policy, do not use this Website. These Terms are subject to change. It is your responsibility to read the Terms and Data Protection Policies in their entirety, as the Terms and Data Protection Policies in force at the time you enter into the relevant contract (as defined below) or at the time you use this Site will apply.

If you have any questions regarding the Terms or the Data Protection Policies, you can contact us at any time using the contact form.

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The Agreement (as defined below) may be concluded, if you so choose, in any of the languages in which the Terms are available on this Website.

 

All deadlines provided herein are expressed in calendar days. If the last day of the term is a non-working day, the term is extended accordingly until the first following working day.

The relationship between the parties is governed by the following normative acts:

• OG no. 21/1992 regarding consumer protection;

• OUG no. 34/2014 regarding the rights of consumers in contracts concluded with professionals;

• OUG no. 140 from 28 december 2021 regarding certain aspects related to contracts for the sale of goods;

• OG no. 141 from 28 december 2021 regarding certain aspects related to contracts for the supply of digital content and digital services;

• Legea no. 363/2007 on combating unfair practices of traders in the relationship with consumers and harmonizing regulations with European legislation on consumer protection; 

• OUG  no. 58/2022 for the modification and completion of normative acts in the field of consumer protection;

• Law 365/2002 regarding electronic commerce.

 

2. OUR DATA

The sale of products through this web page is carried out under the name CHOUETTE COUTURE by CHOUETTE COUTURE S.R.L., telephone number +40720296723 and e-mail address: contact@chouette-couture.com, order number in the Trade Register: J22/3250 /25.08.2022, unique registration code 46713312.

 

3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data that you provide to us will be processed in accordance with the Data Protection Policies. By using this Website and/or placing an order for products through chouette-couture.com, you expressly and unequivocally express your consent to the processing of this information and data and declare that all information and data you have provided to us are truthful and accurate and that you have obtained the prior written consent of the owner of the information and/or data, in the event that the information and data you provide to us through the Site do not belong to you.

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4. USE OF OUR WEBSITE

By using this Website and/or placing any order for products through it, you undertake:

Use this Website solely to submit legitimate inquiries or to place legitimate orders.

Do not place any false or fraudulent orders. If we have reasonable grounds to believe that you have placed such an order, we will be entitled to cancel the order and notify the relevant authorities accordingly.

Provide us with a correct and accurate email address, postal address and/or other contact details. You also consent to us using this information to contact you in the event that this is necessary (see our Privacy Policy).

If you do not provide us with all the information we need, we may not be able to complete your order.

By placing an order through the Website, you represent that you are over 18 years of age and have the legal capacity to enter into binding contracts.

CHOUETTE COUTURE SRL reserves the right to send a newsletter to all those who have placed online orders and accepted the "terms and conditions".

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5. HOW THE CONTRACT IS CONCLUDED

The information provided in the Terms and the data contained in this Website do not constitute an offer for sale, but an invitation to offer (invitatio ad offerendum). No contract will exist between you and us in relation to any product until your order is expressly accepted by us.

To place an order, you must follow the online purchase procedure. You will then receive an email from us confirming receipt of your order ("Order Confirmation"). Please note that this does not mean that an order has been accepted, as your order constitutes an offer by you to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm acceptance by sending you an email confirming the shipment of the product ("Dispatch Confirmation"). The contract between us for the purchase of a product (the "Contract") only comes to an end when we send you the Dispatch Confirmation.

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6. AVAILABILITY OF PRODUCTS

All product orders are subject to the availability of the respective products in our stocks, as not all products are in stock. The customer will be informed by phone or email, after placing the online order, if a product is in stock or not, if it can be made to order, as well as the time required for this. In this regard, in the event that supply difficulties arise or if the products are no longer in stock, we reserve the right to inform you about substitute products of equal or superior quality and value, which you can order. If you do not wish to order these replacement products and we have already received payment for the products you have ordered, we will refund in full any monies you have paid.

If the ordered product is not in stock, but can be made between 10-25 working days, we charge an advance of between 40%-60% of the total value, and the difference is paid upon delivery.

If, within 15 calendar days, the customer does not agree to send the product by courier, he loses his advance.

 

7. ADJUSTMENTS AND DESIGN CHANGES:

7.1. FREE ADJUSTMENTS MADE IN THE CHOUETTE COUTURE WORKSHOP:

For products purchased from stock in standard sizes ( XS, S, ..., 4XL ), the following adjustments are free: shortened, tight and strap application between the breasts.

*It is paid in the case of adjustments made after picking up the ordered product or if the customer has changed her measurements (lost weight / gained weight) completed in the form completed at the time of placing the order.

 

8. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this Website at any time at our discretion and/or to remove or modify any material or information from this Website. Although we make every effort to always process all orders placed, there may be exceptional circumstances that require us to refuse to process an order after sending the Order Confirmation message and we reserve the right to do so at any time.

 

9. DELIVERY

Subject to the provisions of Article 6 above regarding product availability, unless there are extraordinary circumstances, we will make every effort to complete your order with the product(s) listed in the Dispatch Confirmation by the date specified in the Confirmation of said shipment or, if the estimated delivery date is not specified, within the estimated time indicated when selecting the delivery method and, in any case, within no more than 30 calendar days from the date of the Order Confirmation.

For the purposes of these Terms, "delivery" is considered to have taken place or the order is considered to have been "delivered" when you enter or a third party designated by you enters physical possession of the products, as evidenced by a signature of receipt of order to the agreed delivery address.

If the product order does not reach you within the estimated delivery time, please contact us using the following data: phone number +40720296723 and email address: contact@chouette-couture.com.

The products sold through www.chouette-couture.com are new, in the original manufacturer's packaging and at the time of delivery are accompanied by a tax invoice (and/or tax receipt) and return conditions.

 

10. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

All risk in relation to the products (including loss and damage) shall pass to you from the time of delivery, when you enter or when a third party appointed by you, other than the courier, takes physical possession of the products.

Title to the Products will only pass to you upon our receipt of full payment of all amounts due for the Products, including delivery costs, or upon delivery (as defined in Clause 9 above) if this takes place at a later date. Legal title to the products will immediately pass to us if we refund any such payment to you.

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11. PRICE AND PAYMENT

The price of each product will be that stated periodically on our Website, unless there is an obvious error. Although we take care to ensure that all prices shown on our Website are correct, errors may occur. If we discover a price error on any product(s) in your order, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we cannot contact you, for reasons beyond our control, the order will be considered canceled and, if you have already paid for the product(s), we will refund the full amount paid.

We are under no obligation to sell any product at an incorrect lower price (even where you have received Dispatch Confirmation from us) if the price error is obvious, unmistakable and could reasonably have been identified by you as an error.

Prices may be revised at any time, but (except as noted above) any potential change will not affect any order of yours for which, prior to the price change, an Order Confirmation has already been sent.

Once you have selected all the products you want to buy by adding them to your cart, the next step is to go through the checkout process and make the payment. To do this, you must follow the steps in the purchase process, completing or verifying the information requested at each step. Moreover, throughout the purchase process, before making the payment, you can change the data of your order. The "How to buy" section gives you a detailed description of the purchase process. Also, if you are a registered user, a history of all orders placed by you will be available in the "My Account" section.

You can pay using Visa and Mastercard through the secure Stripe platform, PayPal or bank transfer. To minimize the risk of unauthorized access, your credit card details will be encrypted.

You can also pay cash on delivery to the delivery agent.

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12. POLICY REGARDING THE RETURN OF PRODUCTS

Please see the "Returns and exchanges" section

 

13. LIABILITY AND DISCLAIMER

Except as otherwise expressly stated in these Terms, our liability in relation to any product purchased through our Website is strictly limited to the purchase price of that product.

Without prejudice to the foregoing, nothing in these Terms shall in any way exclude or limit our liability:

For death or personal injury caused by our negligence;

For fraud or fraudulent misrepresentation or

For any matter for which it would be illegal or unlawful for us to exclude or limit our liability or to attempt to exclude or limit our liability.

Without prejudice to the paragraph above and to the maximum extent permitted by law, unless otherwise stated in these Terms, we assume no liability for the following, regardless of origin:

loss of income or earnings;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data and loss of management or work time.

Likewise, you will not be able to request the engagement of our liability in the event that the impossibility to deliver the products ordered or to fulfill any of our obligations under these Terms is the consequence of the occurrence of a Force Majeure Event, as regulated in Article 20 From lower.

Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted to or obtained from this Website, unless expressly provided otherwise on this Website.

All product descriptions, information and materials published on this Website are provided "as is" and without warranty, express, implied or otherwise, except as provided by law. In this sense, if you enter into the Contract as a consumer or user, we assume the obligation to deliver products that are in accordance with the Contract and we assume liability to you for any lack of conformity that exists at the time of delivery. The products are considered to be in accordance with the Contract if they: (i) conform to the description provided by us and possess the same qualities that we have presented on this Website; (ii) are suitable for the purposes for which products of that type are normally used, and (iii) exhibit quality and performance parameters that are normal for products of the same type and that you can reasonably expect.

We can be held liable if the lack of conformity occurs within two years from the date of delivery of the product. Until proof to the contrary, the lack of conformity arising within 6 months from the date of delivery of the product is assumed to have existed at the time of its delivery, unless this assumption is not compatible with the nature of the product or the lack of conformity.

To the maximum extent permitted by law, but without excluding anything that cannot legally be excluded in the case of consumers, we hereby disclaim all other warranties of any kind.

The products we sell and especially the artisanal products often show the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in fiber, texture, knots and color, cannot be considered defects or damage. On the contrary, you must expect them to exist and appreciate them. We select only the highest quality products, but natural characteristics cannot be avoided and must be accepted as part of the individual appearance of the product.

Nothing in this clause will affect your legal rights as a consumer and/or user or your right to withdraw from the Contract.

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14. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights in all materials or content that are provided as part of this website shall remain at all times vested in us or our licensors. You have the right to use this material only with the prior, express consent provided by us or our licensors. This does not prevent you from using this Website to the extent that it is necessary to make a copy of any order or Contract data.

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15. VIRUSES, HACKING AND OTHER CYBER CRIMES

You may not abuse this website by deliberately introducing hardware and software computer viruses, any unauthorized computer programs or any other material that is malicious or technologically harmful. You are prohibited from making any attempt to gain unauthorized access to this Website, the server that hosts this Website or any other server, computer or database associated with our Website. You undertake not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision you may commit an offense under the applicable regulations. We will report any such breach to the appropriate law enforcement authority and cooperate with the appropriate authority to identify the hacker. Also, in the event of such a breach, your right to use this Website will terminate with immediate effect. We will also take all necessary steps to restrict your access to the Site for the maximum period permitted by law.

We accept no liability for any loss or damage caused by a denial of service attack, virus or any other software or material that is malicious or technologically harmful to your computer, equipment, data or materials as as a result of using this Website or downloading its content or other websites to which this Website redirects you.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send you must be in writing. By using this Website, you agree to communicate with us primarily by electronic means. We will contact you by email or provide you with information by posting notices on our Website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications we send you by electronic means comply with any legal requirement that communications be made in writing. This condition does not affect your legal rights.

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16. NOTICES

We recommend that you send us preferably all notices via our contact form, by phone at +40720296723 or by email at contact@chouette-couture.com.

Notice will be deemed received and properly communicated immediately when it is published on our Website, within 24 hours of sending an email or three days after the date of sending a letter by post. To prove that a notice has been served, it is sufficient proof, in the case of letters, that they have been properly addressed, stamped and posted, and in the case of an e-mail, that it has been sent to the specified address of the recipient.

 

17. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between us and you is binding on us, you and our and your successors and agents.

You may not transfer, assign, encumber or otherwise dispose of a Contract or any of your rights or obligations under it without our prior written consent.

We may transfer, assign, strike, subcontract or otherwise dispose of a Contract or any of our rights or obligations under it at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, encumbrance or other disposition shall not affect your legal rights as a consumer and shall not void, reduce or otherwise limit any warranty we have given you in express or implied.

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18. FORCE MAJEURE EVENTS

We will not be liable or responsible for any failure or delay in the performance of any of our obligations under a Contract if this is caused by events beyond our reasonable control ("Force Majeure Event ").

A Force Majeure Event will include any act, event, default, omission or accident that is beyond our reasonable control and will include in particular (without limitation) the following:

Strikes, technical unemployment or other union actions.

Civil rebellion, riot, invasion, terrorist attack or terrorist threat, war (declared or not), threat or preparation of war.

Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.

Inability to use railways, sea transport, air transport, road transport or other means of public or private transport.

Impossibility to use public or private telecommunications networks.

Acts, decrees, legislation, regulations or restrictions imposed by any government.

Any strike, breakdown or accident affecting shipping, the postal system or other relevant transport.

The performance of our obligations arising from any Contract will be deemed suspended during the Force Majeure Event and we will benefit from an extension of time to perform our obligations during the Force Majeure Event. We will use our reasonable means to stop the Force Majeure Event or to find a solution by which we can perform our contractual obligations despite the Force Majeure Event.

If the Force Majeure Event lasts more than 3 months, the Contract concluded by us will automatically terminate. As a result of the termination of the Contract, we will refund all payments received from you, including delivery costs, if applicable (except for additional costs determined by the fact that you have chosen a delivery method other than the cheapest standard delivery type offered by us), without undue delay and, in any case, within a maximum of 14 calendar days from the date on which we consider this Agreement to have been terminated.

 

19. WAIVER

If, at any time during the term of the Contract, we fail to insist on your strict performance of the obligations arising from a Contract or from any of these Terms and/or if we fail to exercise any of our rights or formulate remedies to which we are entitled under this Agreement or these Terms, this will not constitute a waiver by us of those rights or remedies or a limitation thereof and will not relieve you of the obligations in question.

A waiver by us of any default shall not constitute a waiver by us of any subsequent default under the Agreement or the Terms.

No waiver by us of any of these Terms or of any right or remedy under the Contract shall be effective unless expressly stated to be a waiver and communicated to you in writing. thing, in accordance with the provisions of the paragraph relating to Notices above.

 

20. PARTIAL CANCELLATION

If a competent authority considers that any of these Terms is invalid, illegal or unenforceable, or that any provision of a Contract is invalid, illegal or unenforceable to a certain extent, the term, condition or the provision in question from the rest of the terms, conditions and provisions, and the latter will continue to be valid to the maximum extent permitted by law.

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21. COMPLETENESS OF THE CONTRACT

These Terms and any document expressly referred to constitute the entire agreement between you and us with respect to the subject matter of any Contract and supersede any other agreement, understanding or other prior oral or written arrangement between you and us.

Both we and you represent that, in entering into this Agreement, neither you nor we have relied on any statement, undertaking or promise made by the other party or implied in anything said or written in during negotiations between you and us prior to the conclusion of this Agreement, except as expressly stated in these Terms.

Neither you nor we shall have any right to remedy any misrepresentation made orally or in writing by the other party prior to the date of any Contract (unless such misrepresentation was made in fraudulent), and the other party has the right to an appeal only in case of breach of contract, as provided in these Terms.

 

 

22. OUR RIGHT TO MODIFY THESE TERMS

We have the right to revise and modify these Terms from time to time and at our discretion.

You will be bound by the policies and Terms in effect at the time you use this Website or order products from us, unless the enforcement of any changes to these policies, Terms or Privacy Statement is required by law or by an authority government, in which case any potential change will also apply to orders previously placed by you.

 

23. APPLICABLE LAW AND JURISDICTION

The use of our Website and the Contracts for the purchase of products concluded through this Website will be governed by Romanian law.

Any dispute arising from or in connection with the use of the Website or in connection with these Contracts shall be subject to the non-exclusive jurisdiction of the Romanian courts.

If you are entering into the contract as a consumer, nothing in this clause will affect your legal rights under applicable local law.

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24. WARRANTY CONDITIONS

The warranty conditions are provided in accordance with Government Ordinance 449/2003.

The customer has the obligation to handle the product in accordance with the recommendations and prescriptions given by CHOUETTE COUTURE. Any violation of these will void the warranty.

When requesting the warranty, it is necessary to present the defective product in the original packaging accompanied by the following documents: copy of the tax invoice and the original warranty certificate.

In case of non-compliance with these provisions, the products will be returned to the applicant without the guarantee being settled.

The warranty period offered by CHOUETTE COUTURE is 15 days from the date of purchase of the product.

If you notice a violation of consumer rights by CHOUETTE COUTURE, please notify us at contact@chouette-couture.com

 

OTHER PROVISIONS

The images published on the website are in accordance with reality, but sometimes the shades of the colors of the products may be slightly different in reality. CHOUETTE COUTURE reserves the right to modify products without prior notice.

Providing personal data to CHOUETTE COUTURE does not involve obligations on the part of users and they can refuse to provide this data under any circumstances and can request their deletion from the database free of charge.

The customer agrees with the terms and conditions and with the confidentiality policy (legal basis Law 190/2018 on GDPR enforcement measures) and agrees to receive notifications / commercial communications from CHOUETTE COUTURE.

The company CHOUETTE COUTURE (chouette-couture.com) cannot guarantee and cannot assume responsibility that the information presented on the site is correct, complete or updated and that the services offered through this site are accessible, uninterrupted and error-free. There may be system errors, independent of our will.

Prices, offers and images are subject to change without notice.

THE NATIONAL SUPERVISORY AUTHORITY OF THE PROCESSING OF PERSONAL DATA ANSPDCP

Your access to chouette-couture.com is subject to the privacy policy and implies your acceptance of it, representing an agreement between the parties.

The information provided to CHOUETTE COUTURE is used only for the purpose for which it was entered, namely the execution of orders, according to the laws in force. CHOUETTE COUTURE does not provide your email address to third parties, does not encourage spam, and does not disclose the data provided by its customers without their explicit consent. Any user has the possibility to delete from the database the e-mail address provided by sending a request to contact@chouette-couture.com.

CHOUETTE COUTURE reserves the right to select its customers.

CHOUETTE COUTURE certifies that it will respect the rights conferred by Law no. 677/2001 for the protection of individuals regarding the processing of personal data and the free movement of such data.

CHOUETTE COUTURE guarantees the security and confidentiality of the data hosted and transmitted through its IT system. This information may be used by CHOUETTE COUTURE to send the user order confirmation, various special offers, promotions, etc. only with the prior consent of the client.

The customer understands the intellectual property right and will not disclose to a third party or make public (on the Internet or the media), any of the information received from CHOUETTE COUTURE.

Also, the names of the sites as well as the graphic signs are registered trademarks owned by CHOUETTE COUTURE and cannot be taken over, copied or used without the written consent of the owner.