Definitions and Terms

Alexandra Catana® – is a registered trademark of S.C. Dumi Terra S.R.L., a legal entity of Romanian nationality, with its registered office in Bucharest, Șoseaua Pantelimon, no. 283, sector 2, registered with the Trade Register under no. J40/17044/2008, tax identification number RO24565436.

Seller – S.C. Dumi Terra S.R.L., a legal entity of Romanian nationality, with its registered office in Bucharest, Șoseaua Pantelimon, no. 283, sector 2, registered with the Trade Register under no. J40/17044/2008, tax identification number RO24565436.

Buyer – may be any natural person who is over 16 years of age, or any legal entity or other legal body, who creates an Account on the Site and places an Order.

Customer – may be any natural person who is over 16 years of age, or any legal entity, who has or obtains access to the CONTENT, through any means of communication made available by Dumi Terra S.R.L. (electronic, telephone, etc.), or under an existing usage agreement between Dumi Terra S.R.L. and that person, and which requires the creation and use of an Account.

User – any natural person who is over 16 years of age, or any legal entity registered on the Site, who, by completing the Account creation process, has agreed to the specific clauses of the site set out in the “General Terms and Conditions” section.

Nickname – a pseudonym through which a certain User/Customer/Buyer may add Content on the Site. The Nickname is associated with the User’s/Customer’s/Buyer’s information on the Site under the name “Username”.

Account – the section of the Site consisting of an e-mail address and a password, which allows the Buyer to place the Order and which contains information about the Customer/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods warranties, etc.). The User is responsible for and shall ensure that all information entered when creating the Account is correct, complete and up to date.

Favourites – a section of the Account that allows the Buyer/User to create lists of Goods they wish to keep track of with a view to a possible purchase, using the service offered by the Seller to track Goods and Services by receiving Commercial Communications from the Seller.

Site – the online shop hosted at the web address chariscandle.ro and its subdomains.

Order – an electronic document that serves as a form of communication between the Seller and the Buyer, through which the Buyer communicates to the Seller, via the Site, its intention to purchase Goods and Services from the Site.

Goods and Services – any product or service listed on the site, including the Goods mentioned in the Order, which are to be supplied by the Seller to the Buyer as a result of the Contract concluded.

Campaign – the act of displaying, for commercial purposes, a finite number of Goods and/or Services with a limited and predefined stock, for a limited period of time set by the Seller.

Contract – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

Content

• all information on the Site that can be visited, viewed or otherwise accessed using an electronic device;
• the content of any e-mail sent to Buyers by the Seller through electronic means and/or any other available means of communication;
• any information communicated by any means by an employee/collaborator of the Seller to the Buyer, according to the contact information specified or not by the latter;
• information relating to the Goods and/or prices charged by the Seller during a certain period;
• information relating to the Goods and/or Services and/or prices charged by a third party with whom the Seller has partnership agreements, during a certain period;
• data concerning the Seller or other privileged data thereof.

My Basket – a section of the Account that allows the Buyer/User to add Goods or Services that they wish to purchase at the time of adding them or at a later time; if the Goods or Services are not purchased at the time they are added, by placing the Order, the Buyer/User will benefit from the service offered by the Seller of tracking Goods and Services by receiving Commercial Communications from the Seller.

Document – these Terms and Conditions.

Commercial Communications – a periodic, exclusively electronic means of information; any type of message sent (such as e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information about products similar to or complementary with those you have purchased, information about offers or promotions, information relating to Goods and Services added to the “Account/My Basket” section or the “Account/Favourites” section, as well as other commercial communications such as market research and opinion polls.

Transaction – the collection or refund of an amount resulting from the sale of a Good and/or Service by Dumi Terra S.R.L. to the Buyer, using the services of the card processor approved by the Seller, regardless of the delivery method.

Green Stamp Tax – the amount, expressed in lei, paid by the Seller to the entity authorised to carry out the collection, transport and recovery/recycling of waste, as provided by applicable legislation.

Specifications/Instructions – all specifications and/or descriptions of the Goods and Services as set out in their description.

ONLINE Payment – the payment service provided by the payment processor integrated into the Site, made available to Customers, Users and/or Buyers through the Site in order to make an online or card payment.

Contractual Documents

2.1. By placing an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.

2.2. The notification received by the Buyer after placing the Order serves an informational purpose and does not constitute acceptance of the Order. This notification is made electronically (e-mail) or by telephone.

2.3. For justified reasons, the Seller reserves the right to modify the value/quantity of the Goods and/or Services in the Order. If it modifies the value/quantity of Goods and/or Services in the Order, it will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will refund the amount paid.

2.4. The Contract is deemed concluded between the Seller and the Buyer at the moment the Buyer receives, from the Seller, by e-mail and/or SMS, the notification of dispatch of the Order.

2.5. The Document and the information made available by the Seller on the Site will form the basis of the Contract.

Online Sales Policy

3.1. Access for the purpose of placing an Order is permitted to any Customer/Buyer.

For justified reasons, Dumi Terra S.R.L. reserves the right to restrict a Customer’s/Buyer’s access to placing an Order and/or to some of the accepted payment methods, if it considers that, based on the Customer’s/Buyer’s conduct or activity on the Site, their actions could in any way harm Dumi Terra S.R.L. In any such case, the Customer/Buyer may contact dumiterra@gmail.com or phone: +40752649737, to be informed of the reasons that led to the application of the above-mentioned measures.

3.2. Communication with the Seller may take place through direct interaction with the Seller or through the addresses mentioned in the “contact” section of the Site. The Seller is free to manage the information received without having to justify this.

3.3. In the event of an unusually high volume of traffic originating from an internet network, Dumi Terra S.R.L. reserves the right to require Customers/Buyers to manually enter captcha-type validation codes, in order to protect the information on the Site.

3.4. Dumi Terra S.R.L. may publish on the Site information about Goods and/or promotions offered by it or by any other third party with whom Dumi Terra S.R.L. has partnership agreements, during a certain period of time and within the limit of available stock.

3.5. All prices for the Goods and/or Services presented on the Site are expressed in lei (RON) and include VAT.

3.6. In the case of online payments, the Seller is not and cannot be held responsible for any additional cost borne by the Buyer, including but not limited to currency conversion fees applied by the card-issuing bank, if the currency of issue differs from RON. Responsibility for this lies solely with the Buyer.

3.7. All information used to describe the Goods and/or Services available on the Site (static/dynamic images/multimedia presentations/etc.) does not constitute a contractual obligation on the part of the Seller, being used exclusively for presentation purposes.

Assignment and Subcontracting

4.1. The Seller may assign and/or subcontract a third party for Services related to the fulfilment of the Order, with notice to the Buyer, without requiring the Buyer’s consent. The Seller will always remain responsible to the Buyer for all contractual obligations.

Intellectual and Industrial Property Rights

5.1. The Content, as defined in the preamble, including but not limited to logos, stylised representations, trademarks, static images, dynamic images, text and/or multimedia content presented on the Site, is the exclusive property of Dumi Terra S.R.L., which reserves all rights obtained in this respect, directly or indirectly (through usage and/or publication licences).

5.2. The Customer/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, or include any Content in any context other than the one originally intended by Dumi Terra S.R.L., to include any Content outside the Site, to remove the marks signifying Dumi Terra S.R.L.’s copyright over the Content, or to participate in the transfer, sale or distribution of materials created by reproducing, modifying or displaying the Content, other than with the express written consent of Dumi Terra S.R.L.

5.3. Any Content to which the Customer/Buyer has and/or obtains access by any means falls under this Document, if the Content is not accompanied by a specific and valid usage agreement concluded between Dumi Terra S.R.L. and the Customer/Buyer, and without any implied or express warranty from Dumi Terra S.R.L. regarding that Content.

5.4. The Customer/Buyer may copy, transfer and/or use Content only for personal or non-commercial purposes, only to the extent that this does not conflict with the provisions of this Document.

5.5. If Dumi Terra S.R.L. grants the Customer/Buyer the right to use certain content in a form described in a separate usage agreement, to which the Customer/Buyer has or obtains access as a result of that agreement, this right extends only to that content defined in the agreement, only for as long as that content exists on the site or for the period defined in the agreement, subject to the conditions defined therein, where these exist, and does not represent a contractual commitment on the part of Dumi Terra S.R.L. towards that Customer/Buyer or any other third party who has or obtains access to that transferred content, by any means, and who could be or is harmed in any way by this content, during or after the expiry of the usage agreement.

5.6. No Content transmitted to the Customer or Buyer, by any means of communication (electronic, telephone, etc.), or acquired by them through access, visiting and/or viewing, constitutes a contractual obligation on the part of Dumi Terra S.R.L. and/or the Dumi Terra S.R.L. employee who facilitated the transfer of Content, where such transfer took place, with respect to that content.

5.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the accompanying usage agreement, where one exists, is prohibited.

The Order

6.1. The Customer/Buyer may place Orders on the Site by adding the desired Goods and/or Services to the shopping basket, and then completing the Order by paying using one of the expressly indicated methods. Once added to the shopping basket, a Good and/or Service is available for purchase to the extent that stock is available. Adding a Good/Service to the shopping basket, without completing the Order, does not result in the registration of an order, nor does it imply the automatic reservation of the Good/Service.

6.2. By completing the Order, the Buyer confirms that all data provided by them, necessary for the purchasing process, is correct, complete and true as of the date the Order is placed.

6.3. By completing the Order, the Buyer agrees that the Seller may contact them, by any means available/agreed by the Seller, in any situation where it is necessary to contact the Buyer.

6.4. The Seller may cancel an Order placed by the Buyer, following prior notice to the Buyer, without any subsequent obligation of either party towards the other, and without either party being able to claim damages from the other, in the following cases:

6.4.1. non-acceptance by the Buyer’s card-issuing bank of the transaction, in the case of online payment;

6.4.2. invalidation of the transaction by the card processor approved by Dumi Terra S.R.L., in the case of online payment;

6.4.3. the data provided by the Customer/Buyer on the Site is incomplete and/or incorrect;

6.5. If a Good and/or Service ordered and paid for online by the Buyer cannot be delivered by the Seller, the Seller will inform the Customer/Buyer of this fact and will refund the Buyer’s account the value of the Good and/or Service, within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly stated their intention to terminate the Contract.

6.5.1. Information about the characteristics of the product is available on the product pages of our Site. From a legal standpoint, the content of the Site does not constitute an offer to enter into a purchase contract, but a presentation of our offerings. Therefore, if you place an order through our Site, your order constitutes an offer to purchase a product listed on this Site. Your order is followed by our acceptance, as described below.

6.5.2. An order may only be placed through our Site. To do so, you will go through a simple process, at the end of which you will confirm the order by pressing the “complete order” button. The button will clearly indicate that placing the order implies your obligation to pay. Before confirming the order, you are always informed of the total price to be paid and you will always have the opportunity to review and, if necessary, correct the order.

6.5.3. After placing an order, you will receive an e-mail confirming receipt and registration of your order (“Order Receipt/Confirmation”). This does not mean that the order has been accepted. As stated above, your order constitutes an offer by you to purchase a product listed on our Site. All orders are subject to our acceptance. The contract between you and us will only be formed once we accept your order. The Contract will only relate to the products for which we have accepted your order, and we will send you an order-acceptance confirmation by e-mail informing you that the product has been shipped (“Shipping Confirmation”). If we are unable to fulfil a contract due to insufficient product stock, technical error or non-conformities identified at the time of shipping, we will inform you of this situation and will refund the amounts you have paid for these products, if applicable, in accordance with the refund provisions in the section on your statutory right of withdrawal set out in these Terms of Supply, within no more than 7 days from the date you communicated to us your decision to terminate the contract.

GOODS/SERVICES for which the right of withdrawal does not apply

7.1. The right of withdrawal from the Contract does not apply to the following:

7.1.2. service contracts, after the services have been fully performed, if performance began with the Buyer’s prior express consent and after the Buyer confirmed being aware that they would lose their right of withdrawal once the Contract was fully performed by the Seller;

7.1.3. the supply of Goods and/or services whose price depends on fluctuations in the financial market that the Seller cannot control and which may occur during the withdrawal period;

7.1.4. the supply of Goods made to the Buyer’s specifications or clearly personalised;

7.1.5. the supply of Goods which are liable to deteriorate or expire rapidly;

7.1.6. the supply of sealed Goods which are not suitable for return for health protection or hygiene reasons and which have been unsealed by the Buyer;

7.1.7. the supply of Goods which, after delivery, are, by their nature, inseparably mixed with other items;

7.1.8. the supply of digital content not supplied on a tangible medium, if performance began with the Buyer’s prior express consent and after the Buyer confirmed being aware that they would thereby lose their right of withdrawal.

Confidentiality

8.1. Dumi Terra S.R.L. will keep confidential any information of any nature that you provide. Disclosure of the information provided may only be made under the conditions set out in this Document.

8.2. No public statement, promotion, press release or any other form of disclosure to third parties regarding the Order/Contract will be made by the Buyer/Customer without the Seller’s prior written consent.

8.3. By submitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to them, and the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use, in its own interest, this information, ideas, concepts, know-how or techniques that you have sent us through the Site. Dumi Terra S.R.L. shall not be subject to any obligations regarding the confidentiality of information sent, unless applicable legislation provides otherwise.

Commercial Communications

9.1. The Buyer/User may change, at any time, their choice regarding the consent given to the Seller for Commercial Communications containing general and thematic information, including information about offers or promotions, at any time, as follows:

9.2.1. by changing the settings in the Account, in the “My Subscriptions” section.

9.2.2. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller, or by contacting the Seller.

9.2.3. Opting out of receiving Commercial Communications does not imply withdrawal of the acceptance given for this Document.

9.3. By adding Goods to the Account section:

“My Basket”, the Seller will send the Buyer/User Commercial Communications regarding:

• changes to the price of the Goods or Services added to the “My Basket” section,
• recommendations of Goods similar to those added to the “My Basket” section,
• the presence of Goods in the “My Basket” section, and
• stock availability of Goods.

“Favourites”, the Seller will send the Buyer/User Commercial Communications regarding:

• changes to the price of the Goods or Services added to the “Favourites” section,
• recommendations of Goods or Services similar to those added to the “Favourites” section,
• stock availability of Goods.

9.4. Following the purchase of a Good, the Seller will send the Buyer/User Commercial Communications regarding:

• suggestions for Goods or Services recommended to be used together with the Good or Service purchased.

The Customer/User may unsubscribe, at any time, from the Commercial Communications mentioned in point 9.3 above, by accessing the unsubscribe link displayed in the commercial messages received from the Seller, or by contacting the Seller for this purpose.

Additionally, in order to improve our range of Goods and Services and your shopping experience, we will use your data to carry out market research and opinion polls. The information obtained from this market research and these opinion polls will not be used by us for advertising purposes, but only for the purposes mentioned above. Your responses to market research and opinion polls will not be associated with your identity, transmitted to third parties, or published. You may object to the use of your data for market research and opinion poll purposes at any time, by accessing the unsubscribe link displayed in the message or by contacting the Seller.

Invoicing – Payment

10.1. The prices of the Goods and Services displayed on the www.chariscandle.ro website include VAT, in accordance with applicable legislation.

10.2. The price, payment method and payment term are specified in each Order. In order for the Buyer to make payment, the Seller will issue the Buyer a pro forma invoice for the Goods and Services delivered, the Buyer being obliged to provide all information necessary for issuing this invoice, as well as the tax invoice, in accordance with applicable legislation.

10.3. The Seller will send the Buyer the invoice for the Order containing Goods and/or Services sold by Dumi Terra S.R.L., as well as for any other payments related to the Order, in electronic format, by adding the invoice to the Buyer’s Account or by e-mail, to the e-mail address indicated by the Buyer in their Account, or in printed format, by including it inside the parcel.

10.4. For the correct communication of the invoice related to the Order, the Buyer is obliged to update the data in their Account whenever necessary, and to access the information and documents related to each Order, available in the Account.

10.5. Through this method of communication, the Buyer, by accessing their Account, will have a record of the invoices issued by Dumi Terra S.R.L., being able to save and archive them at any time and in any manner they wish.

10.6. By submitting the Order, the Buyer expresses their agreement to receive invoices in the desired format, electronically, by having them added by Dumi Terra S.R.L. to their Account or sent by e-mail, to the e-mail address indicated in their Account, or in printed format, by including it in the parcel.

10.7. If this information is unavailable in the Account for more than 48 (forty-eight) hours, please notify us at: dumiterra@gmail.com

Delivery of Goods

11.1. The Seller undertakes to deliver the Goods by door-to-door courier to the Buyer or to Romanian Post Offices, according to the Customer’s choice.

11.2. The Seller will ensure the appropriate packaging of the Goods and will ensure the transmission of the accompanying documents.

11.3. The Seller will deliver the Goods and Services only within the territory of Romania.

Warranties

12.1. All Goods sold by Dumi Terra S.R.L. benefit from warranty conditions in accordance with applicable legislation and Dumi Terra S.R.L.’s commercial policies.

Transfer of Ownership of Goods

Ownership of the Goods will be transferred upon delivery, after payment has been made by the Buyer, at the location indicated in the Order (delivery being understood as signing to acknowledge receipt of the transport document provided by the courier).

Liability

14.1. The Seller cannot be held responsible for any damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order, and for damages resulting from the use of the Goods and Services after delivery, and in particular for their loss.

14.2. By creating and using the Account, the Customer/User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the Account, and, to the extent permitted by applicable legislation, is responsible for the activity carried out through their Account.

14.3. By creating an Account and/or using the Content and/or placing Orders, the Customer/User/Buyer expressly and unequivocally accepts the Site’s Terms and Conditions in the latest updated version communicated on the Site, in force at the date of creating the Account and/or using the content and/or at the date of placing the Order.

14.4. After the Account has been created, use of the Content is equivalent to acceptance of any changes made to the Site’s Terms and Conditions and/or updated versions of the Site’s Terms and Conditions.

14.5. The Site’s Terms and Conditions may be modified at any time by Dumi Terra S.R.L., and shall be binding on Customers/Users/Buyers from the date they are displayed on the Site. Acceptance of the Site’s Terms and Conditions is confirmed by ticking the corresponding checkbox on the Site and/or by submitting the Order and/or by making an online payment.