1. PREAMBLE
Website www.mimona.ro is owned by Biton Beauty SRL
Accessing this website and purchasing products implies acceptance of the terms and conditions contained in this document, so it is recommended that you read this document in full.
2. DEFINITIONS AND TERMS
a) Goods and Services - any product or service, including the documents and services specified in the Order, to be supplied by the Seller to the Buyer as a result of the Contract;
b) Contract - is the distance contract concluded between the Seller and the Buyer, following the confirmation by the Seller of the Order made by the Buyer;
c) Account - a section of the Website consisting of an e-mail address and a password that allows the Buyer to submit the Order and contains information about the Buyer and the Buyer's history on the Website;
d) Order - an electronic document that is a form of communication between the Seller and the Buyer, whereby the Buyer transmits to the Seller the intention to purchase Goods and Services, agrees to receive and pay for the Goods and Services, and the Seller agrees to deliver the Goods and Services;
e) Buyer - the natural or legal person placing an Order;
f) Site - domain ro;
g) Seller - Biton Beauty SRL, a Romanian legal entity, with VAT identification code - RO 37076890, registered in the Trade Register under no. J23/594/2017, with registered office in Voluntari, having as main object of activity wholesale of cosmetic and perfumery products
3. CONTRACTUAL DOCUMENTS
By registering an electronic or telephone order on the website www.mimona.ro, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller conducts its operations.
The order will consist of the following documents:
a) The order (together with clear indications of delivery and invoicing dates) and its specific conditions;
b) Buyer's Specifications (where applicable);
c) Terms and conditions.
For justifiable reasons (such as out of stock), the Seller reserves the right to make changes to the quantity of Goods and Services in the Order. In such a case, the Seller will notify the Buyer by telephone or e-mail, on the dates communicated in the Order, and will refund any sums paid in excess at the time of registration of the Order.
The order shall be considered valid only after the Seller confirms to the Buyer by telephone or electronically (e-mail) the possibility of its fulfillment.
The Contract shall be deemed to be concluded between the Seller and the Buyer and shall come into force when the Order is confirmed by the Seller, the unconfirmed order not having the value of a Contract.
The document and information made available by the Seller on the Website will form the basis of the Contract.
4. SELLER'S RIGHTS AND OBLIGATIONS
The Seller has the right to make any changes to the information presented on the Site without prior notice.
The Seller has the right to assign and/or subcontract to a third party the services related to the fulfillment of the order, with the Buyer's prior notice and without the Buyer's consent. The Seller shall always be liable to the Buyer for all contractual obligations.
The Seller has the right to exclude from the Site and to ignore comments or addresses that contain abusive or inappropriate language. The Seller is free to deal with the information received without having to justify it.
The Seller has the obligation to honor the confirmed Order by delivering the Goods and Services ordered as specified by the Buyer in the Order. Delivery of the Goods shall be made by a fast courier company.
The Seller undertakes to ensure proper packaging of the Goods and Services in order to ensure their integrity during transportation, also ensuring the transmission of accompanying documents.
5. BUYER'S RIGHTS AND OBLIGATIONS
The Buyer is entitled to delivery of the Goods and Services ordered as specified in the Order.
The Buyer has the right to modify and delete the Account created for the registration of an Order, if applicable.
The Buyer is obliged not to disclose account identification data, in particular passwords, to third parties, any such disclosure being made at the Buyer's own risk.
The Buyer has the obligation to provide correct and complete data, the necessity to provide such data arising from the Seller's obligation to issue a correct invoice and to ensure the possibility of delivery of the ordered Goods and Services.
The Buyer is obliged to check all characteristics of the Goods and Services and to clarify with the Seller, prior to placing an Order, any uncertainties regarding the Goods and Services.
The Buyer is obliged to pay the value of the Goods and Services ordered.
6. LIMITATION OF THE SELLER'S LIABILITY
Seller shall not be liable for damages of any kind that Buyer or any third party may suffer as a result of Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery.
The Seller does not warrant that the Website, the servers on which it is hosted or e-mails sent from www.mimona.ro are free of viruses or other potentially harmful computer components, errors, omissions, defects, delays or interruptions in operation or transmission, line failures or any other similar factors. The Buyer uses the Website at its own risk and the Seller shall not be liable for any direct or indirect damage caused by using or accessing/visiting the Website or as a result of using the information on the Website.
The Seller constantly strives to keep the information on the Site accurate. However, small inaccuracies may sometimes occur: the photograph is for information purposes only, some specifications may be changed by the manufacturer without notice or may contain operating errors. At the Buyer's request, any matter may be clarified prior to placing an Order.
Information presented on the Seller's websites is for informational purposes only and is subject to change by the Seller without prior notice. Also, product descriptions may be incomplete, but Seller endeavors to present the most relevant information so that the Goods and Services are used within the parameters for which they were purchased.
7. MAJOR FORCE
Neither party shall be liable for any failure to perform its contractual obligations, if such failure to perform on time and/or properly, in whole or in part, is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties which cannot be avoided.
If, within 15 (fifteen) days from the date of its occurrence, the event does not cease, either party shall be entitled to notify the other party of the termination of the Contract without either party being entitled to claim any further damages from the other party.
8. INVOICING AND PAYMENTS
The prices on the Site include VAT, as required by applicable law, but do not include delivery or other charges unless otherwise specifically stated on the Site. Delivery and/or other service costs are stated at the time of Order registration and will also be stated at the time of Order confirmation by the Seller.
The price, method of payment and payment term are specified in the Order. The Seller shall issue to the Buyer an invoice for the Goods and Services delivered, it being the Buyer's obligation to provide all the information required to issue the invoice in accordance with applicable law.
You can pay online (by bank card) or by cash on delivery.
9. DELIVER
The Seller will deliver the Goods and Services ordered by Courier.
The estimated delivery time is specified when the Seller confirms the Order.
In the event that the Seller is unable to deliver the Order due to the Buyer's fault (either the Buyer cannot be found at the address mentioned, cannot be contacted), the Order will be canceled. For a new delivery, the Buyer will have to bear new delivery costs or other technical costs that may be necessary.
Mimona may refuse delivery of an order upon prior notice to Buyer, without any obligation between the parties and without either party being able to claim damages, in the following circumstances:
- online transaction failure/invalidation;
- non-acceptance by the bank issuing the Buyer's card/transaction;
- incomplete or incorrect data of the Buyer;
- Buyer's activity may cause damage to the mimona.ro website or partners;
- previous failed deliveries;
- for other justifiable reasons related to the Buyer's previous order history, if it is considered that the Buyer's actions, based on the Buyer's conduct, could in any way prejudice Biton Beauty SRL
In the event that an Order could not be delivered due to the Buyer's fault, the Seller is entitled to make a new Order conditional on the advance payment of the Goods and Services and the related transportation charges.
10. RETURN
In accordance with the Government Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing some normative acts, the Buyer, natural person, has the following rights and obligations regarding withdrawal from the distance contract:
- The Buyer has the right to withdraw from the Contract before the expiration of the withdrawal period, without having to justify the withdrawal decision and without incurring any costs other than those provided for in Art. 13 para. (3) and Art. 14 of O.U.G. no. 34/2014, within 14 days from the day on which he takes physical possession of the product. The costs of return shall be borne by the Buyer, the Seller shall only refund the value of the Goods. The withdrawal decision must be unequivocal and sent to the Seller's contact details on the Website;
- The Buyer undertakes to return only those Goods and Services that are in the same condition in which they were delivered (in the original packaging, with all accompanying documents). Goods with tears, bent corners, scratches, stains on the packaging or traces of wear and tear and/or unauthorized interventions, etc. will not be accepted for return. Goods returned must be in the same condition as when received: free from defects (except for defects already noticed by the Buyer upon receipt and immediately reported in writing to the Seller, accompanied by evidence to this effect);
- The Seller shall reimburse the Buyer for the value of the Goods within a maximum of 14 (fourteen) days from the date of the Buyer's notification of the decision to withdraw from the Contract, subject to receipt of the Goods sold or proof that they have been dispatched;
- The Seller will make the reimbursement by bank transfer to the IBAN account provided by the Buyer;
- The Seller shall not be obliged to reimburse additional costs if the Buyer has explicitly chosen a delivery type other than the cheapest standard delivery type offered by the Seller.
Return of the books by the Buyer will be made by courier to the address indicated by the Buyer.
All parcels that will be received will be sent to the address Bulevardul Pipera 17, Voluntari 077180, SkyTower.
* If the transportation payment for the initial delivery of the parcel being returned (in whole or in part) has been borne by the supplier, then the Buyer will be charged the initial transportation cost from the amount returned.
11. COMMENTS AND REVIEWS
The Buyer who has created an account and has registered an Order will be able to register on the Website in the Comments/Reviews section. The information entered can be both positive and negative and will refer to the characteristics of the Goods and Services delivered.
The buyer is obliged to respect the following rules when registering a Comment/Review:
- to refer only to the characteristics of the Goods and Services, avoiding information related to aspects that may change (price or promotional offers) or information related to the way the Order is carried out;
- to use only Romanian;
- use appropriate, non-offensive language, without terms that may offend or harm any other Buyer;
- to ensure that the information entered is factual, accurate and in accordance with applicable laws and does not infringe the rights of other parties;
- not to use the Review/Comment as a means of communication with the Seller, for communication with the Seller the contact details of the Seller available on the Website shall be used.
When a Review/Comment has inappropriate content or contains abusive language, the Seller has the right to exclude it from the Site.
If the Seller finds that a Buyer repeatedly breaches the Terms and Conditions, the Seller has the right to suspend the Buyer's ability to register Reviews/Comments.
For complaints or claims regarding the Goods and Services, the Buyer has the right to complain directly to the Seller, at the contact details on the Website or at office@mimona.ro. The complaint will be resolved within 5 working days.
12. PROMOTIONS
The pricing/discount policy on the Website is set entirely by the Seller, and the purchase price is the price displayed at the time the Order is launched. The Seller has the right to discontinue a promotional campaign at any time during the course of the promotional campaign, with the current price of the Goods and Services being stated on the Site.
All promotions on the Website are valid while stocks last.
Promotions are not cumulative, the highest discount applies unless otherwise stated in the promotion.
13. COPYRIGHT ON INFORMATION PUBLISHED ON THE WEBSITE
The entire content of the Website, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Website, is the exclusive property of Biton Beauty SRL and is protected by the Law on copyright and related rights and by the laws on intellectual and industrial property. The use without the consent of Biton Beauty SRL of any of the elements listed above is punishable under the legislation in force.
14. APPLICABLE LAW
This document is subject to Romanian law. Any disputes arising between the Seller and the Buyer shall be settled amicably or, if this is not possible, the disputes shall be settled by the competent Romanian courts of Bucharest.
15. MODIFICATION OF TERMS AND CONDITIONS OF USE
This document is subject to Romanian law. Any disputes arising between the Seller and the Buyer shall be settled amicably or, if this is not possible, the disputes shall be settled by the competent Romanian courts of Bucharest.
16. MODIFICATION OF TERMS AND CONDITIONS OF USE
The Seller shall be entitled to change these terms and conditions, without being obliged to justify the changes in any way, without any prior notice and without being obliged to fulfill any other formality, and the opposability is ensured from the date of posting on the Website. Acceptance of the Terms and Conditions of the Website is confirmed by checking the appropriate checkbox on the Website and/or by submitting an Order and/or by making an online payment.
By creating the Account/accessing the previously created Account and/or registering Orders, the Buyer expressly and unequivocally accepts the Terms and Conditions of the Website in the last updated version that is communicated on the Website, existing at the date of creating the Account/accessing the previously created Account and/or registering the Order.
