1. GENERAL PROVISIONS
The present document (together with all the documents mentioned therein) sets out the terms and conditions regulating the use of this site www.farmec.eu (hereinafter called "farmec.eu"/"Site") and order placement using this site (hereinafter called the "Terms").
Any product or service offered through this Site addresses natural persons who can purchase/access them for their own use without the aim to resale, hereinafter called "Client"/"Clients". Farmec has no obligation or liability resulting from the subsequent resale of products and/or services carried out by Clients.
If you do not fully agree with these Terms and Data Protection Policies, do not use this Site. We reserve the right to modify these Terms on a regular basis without any prior notification. Your order will be subject to the Terms detailed on farmec.eu at the moment of placing the order.
If you have any questions about these Terms or regarding the Data Protection Policies, you can contact us at any time at the e-mail address firstname.lastname@example.org
The Contract (as defined hereinafter) may be terminated, if you express your option to this end.
All the terms hereinafter are to be read as calendar days. In case that the last day of the term is a non-working day, the time limit will be extended accordingly until the first subsequent working day.
2. THE SITE OPERATOR
The site operator of www.farmec.eu is the FARMEC S.A. Company, subject to Romanian law, with registered office in Cluj-Napoca, no. 16 Henri Barbusse Street, Code 400616, Cluj County, Romania, Fiscal Identification Code RO199150, registered with the Trade Register under no. J12/14/1991.
3. CLIENT DATA
Information or personal data provided by the Client will be processed in compliance with the Data Protection Policies. By using this Site and/or by placing an order on farmec.eu, the Client expressly and unambiguously grants its consent to the processing of such information and data and declares that all the information and data provided are true and accurate and that he/she has obtained the prior written consent of the information and/or data subject, if the information and data provided through the Site do not belong to him/her.
4. SITE USE
By using this Site and/or by placing an order on this Site, the Client undertakes:
To use this Site exclusively to send legit questions or to make legit orders.
To not place any false or fraudulent order. In the event that we have solid reasons to believe that such an order has been placed, we reserve the right to cancel the order and duly inform the competent authorities.
If we are not provided with all the information we need, we may not be able to process and to complete your order.
By placing an order using the Site, the Client declares to be 16 years old and to have the legal capacity to conclude firm contracts.
Every Client has the possibility to create a Client Account on the farmec.eu platform, to become a member of farmec.eu and to benefit from all the advantages offered when registering the account.
Please note that you are solely liable for ensuring the confidentiality and security of your account. Moreover, you are solely liable for all the activities that happen through or in connection with your account and you agree to immediately notify Farmec of any unauthorized use of your account or any other type of security breach. Farmec will not be held responsible for any damage resulting from the unauthorized use of your account.
For campaigns dedicated to the members of farmec.eu involving the submission of mini-samples or promotional materials, these will be sent only to Clients with residence in Romania.
Unauthorized attempts of to access the Site, including but not limited to any attempt to access the personal data of another Client, to modify the content of the farmec.eu site or to alter in any way server performance will be considered fraud attempts regarding the farmec.eu site and will be reported to the competent authorities, initiating a criminal investigation against the one or those who attempted to act to this end.
There will be excluded from the site opinions or expressions containing injuries or inappropriate language.
By using the contact form or the service available on the site, the Client enables Farmec to contact him/her by any means available, including by electronic means.
The partial or full completion of the contact form and its submission is in no way a commitment of Farmec to contact the Client.
The farmec.eu site uses its own cookies and cookies by third parties, such as Google, to offer you the best possible experience on the site. The cookies used on this Site offer valuable feedback and insight, helping us in our attempts to improve our online experience.
An "Internet Cookie" is a small sized folder, formed of letters and numbers, which will be stored on the computer, mobile terminal or other equipment of a user that accesses the Internet. This is not a virus and it does not require personal information to be used.
Cookies provide users with a pleasant browsing experience and endorse the efforts of many sites to provide user-friendly services as these sites store important information that improve the Internet browsing experience (for instance, language settings for accessing a site, keeping a user logged in, online banking security, keeping products in the shopping cart etc.)
Certain browsers offer you the possibility to control cookies, by deactivating them. Nevertheless, you should keep in mind that by disabling cookies could also lower the quality of your visits on the farmec.eu site.
To place an order, the Client must follow the online purchase procedure and complete the four steps: invoice, delivery, payment, verification and click on "Send Order", this phase representing step 5 - completion. Following, the Client will receive an e-mail from us to confirm the order launch ("Order Confirmation"). Please note that this does not mean an order has been accepted, as your order is an offer you are making us on the purchase of one or more from our selection of products. All orders are subject to acceptance by us, and we will confirm the acceptance of the order by sending you a confirmation e-mail regarding product delivery ("Shipping Confirmation"). The fiscal invoice together with the compliance certificate will be included in the package.
The order will be carried out through our order system by filling out the order form or by phone at the number available on the Site.
By completing the order, the Client agrees that all the data provided, data necessary for the purchase process, is correct, complete and true at the moment of placing the order.
In case a Client modifies his/her personal data using the forms available on the Site, all existing contracts at that moment will keep the data defined/accepted by the Client before the modification.
All product orders are subject to stock availability. In that respect, in case of supply difficulties or if the products are out of stock, we reserve the right to inform you regarding the replacement products, products you can order and that have equal or superior quality and value to the products they are replacing. If you do not want to order any of these replacement products and if we have already received the payment for the products ordered, we will refund you in full the sums of money already paid.
Farmec reserves the right to refuse the acceptance, whole or in part, of an order placed by the Client without any ulterior obligation of either party to the other or without any party demanding the other damages in the following situations:
a. The products are out of stock;
b. The payment is not finalised;
c. The data provided by the Client on the Site is incomplete or incorrect;
d. The activity of the Client on the Site may and/or cause harm of any kind to Farmec and/or its partners;
e. There are one or more confirmed and unclaimed orders.
We reserve the right to remove any product from this Site at any moment, in a discretionary manner, and/or to remove or change any material or information from this Site. Even if we make every effort to always process all the orders placed, there may be exceptional situations requiring us to refuse the processing of an order after sending the Order Confirmation message and we reserve the right to proceed as such in any moment. We will not be held responsible by the Client or by any third party for the removal of any product from this Site, for the removal or modification of any material or content from this Site, or for not processing an order even if the Order Confirmation message has been sent.
Farmec will notify the Client on the unavailability of any product ordered, the Client having the possibility to accept or refuse the partial order.
For any information on orders, please call 0372 406 300, from Monday to Friday, from 8-16, or send an e-mail to email@example.com.
Orders placed from Monday to Friday will be processed within 24 hours after receipt, while orders placed on Saturdays and Sundays will be processed on Monday. In the event that data are amended, the new terms will be announced on both the Site and by electronic means.
6. CONTRACT TERMINATION
The information provided in the Terms and data contained in this Site does not represent a sales offer, but a bid invitation. There will be no contract between the Client and Farmec regarding any product until the moment your order has been expressly accepted by us. If the offer has not been accepted, and funds have been already withdrawn from your account, they will be refunded in full.
The Purchase Contract for a product (the "Contract") is concluded only when the Shipping Confirmation is sent.
7. PRODUCT PRICE
The price of each product will be the price indicated on our Site, unless there is a clear error. Even though we are constantly verifying to make sure that all prices on our Site are accurate, errors may occur. If we discover a price error for any product(s) included in your order, we will inform you as soon as possible, offering you the option to reconfirm the order at the correct price or simply cancel the order. If we are unable to contact you, for reasons not attributable to us, the order will be considered annulled, if you have already paid the product(s), we will refund the entire sum paid.
We are under no obligation to sell any product at an incorrect inferior price (even if you have received from us the Shipping Confirmation message) if the price error is evident, unmistakable and could reasonably have been identified by you as an error.
The prices posted on our Site include VAT, but do not include shipping costs, which will be added to the total sum due, as specified in the section How to buy? - What are the shipping costs?
Prices can be reviewed at any moment, without any prior notice, however, (with the exceptions listed above) no potential modification will affect any of the orders for which an Order Confirmation has already been sent to you prior to price modification.
In the online store, we offer various types of discounts. A discount code may be used only once, unless expressly provided otherwise. Promotions and discounts cannot be cumulated with other promotions and discounts available in Farmec/Gerovital stores.
8. PRODUCT PAYMENT
Once the Client has selected all the products he or she wants to purchase by adding them to the shopping cart, the next step is to go through the order completion process and proceed with payment. In order to do this, the Client must follow all the steps of the purchase process by completing or checking the information required during each step. In addition, throughout the entire purchase process, before proceeding with the payment, the Client may modify the data of the order. At the same time, if the Client is a registered member, a history of all the orders placed by him/her will be available in the section "My Account".
Payment options may vary according to the country selected for shipping. If the country selected for shipping is Romania, all the forms of payment shown below are available, and if the country for shipping is other than Romania, payment can be made only by payment order or online.
The payment methods are the following: refund, payment order or online:
a. Refund via the Romanian Post
b. Refund via Courier
c. Payment order (FARMEC S.A., no. 16 H. Barbusse Street, Cluj-Napoca, Registered with the Trade Register under number J12/14/1991, CIF 199150
Account for RON payments: RO78 INGB 0003 0081 8172 8942, opened at ING Bank Cluj
Account for RON payments for orders placed on the English version of the Site www.farmec.eu: Account opened at ING BANK, Cluj-Napoca branch, SWIFT: INGBROBU
IBAN CODE: RO14 INGB 0003 0081 8169 0712)
If the payment is done through a Payment Order, the delivery of the products will be made only after its registration.
Payment is fully secured, without any extra fee. Card data is processed on the eBTpay servers (the servers of Banca Transilvania), through the Romcard payment processor, and farmec.eu does not request or store any details regarding the card of the Clients. To finalize the transaction correctly, you must provide the card code (all the numbers of the four groups on the card, no spaces), the expiration date, and the last three digits on the back of the card printed on the tape with your signature (depending on the type card, these digits may be missing).
Credit cards are subject to validation and authorization checks by the issuing institution. In the event that we do not receive the necessary authorization, we will not be responsible for any delay in the delivery of the products ordered or, as the case may be, the failure to deliver them and we will not be able to conclude any Contract with you.
Secure Socket Layer (SSL)
The farmec.eu site uses SSL encryption on all web pages where payments are carried out. In order to buy through these services, you need to have a browser allowing the use of SSL, such as Firefox, Safari, Google Chrome, Opera, Internet Explorer or other compatible browsers, so that we can protect the privacy of your personal data.
3D-Secure is an anti-fraud system created by Visa and Mastercard. The use of this system allows a higher level of online transactions security. In the event of loss or theft, the 3D Secure card cannot be used by a third party for online shopping.
The authentication process does not require the installation of any special applications on your computer, nor does it hinder your Internet browsing sessions.
Under the provisions of Article 5 above on the availability of products, except for extraordinary situations, we will do our best to complete your order with the product(s) listed in the Order Confirmation until the date mentioned in that Shipping Confirmation or, if the estimated shipping date is not specified, within the estimated time indicated during selection process of the shipping method and, in all situations, within no more than 30 calendar days from the date of the Shipping Confirmation.
Nevertheless, delays may arise for reasons such as unpredictable circumstances or the shipping area.
If, for objective reasons, we cannot comply with the shipping date, we will inform you about this situation and offer you the option to keep the order with a new shipping date or cancel the order with a refund of the entire sum paid. Please note that we not be shipping on Sundays.
Within the meaning of these Terms, the "shipping" is deemed to have taken place or the order is deemed to have been "shipped" when you or a third party designated by you get in the possession of the products ordered, as demonstrated by the signature on the order receipt at the agreed shipping address.
If the product order is not delivered within the estimated shipping time, we kindly ask you to contact us by phone, at the number 0372 406 300 or by e-mail, at the address firstname.lastname@example.org.
For courier shipments, if the Client is not found at the address provided, within the commonly agreed schedule, the courier will return once again after contacting the Client, after which the order will be cancelled and the product returned at Farmec headquarters, the Client being charged with the cost of a new shipping, no matter the value of the products ordered. In this situation, the address for shipping of the package will be confirmed with a Farmec customer care representative, by phone or by e-mail.
In the event that package is damaged (packet broken, loose etc.), we recommend that you refuse reception of the package and communicate it to us at the e-mail address email@example.com.
Once the package has been opened, if it contains damaged products or does not correspond to the products invoiced, please contact us within 24 hours after having received the package at the e-mail address firstname.lastname@example.org and attach a picture of the products or the package.
Farmec is not responsible for products defects resulting from courier handling or transportation.
If the shipping and/or order initiation terms cannot be met, Farmec will notify the Client of these problems, as well as of the estimated shipping completion time, without any party being able to claim the other damages, no matter of the situation that caused the delay.
Products can be delivered to the following countries: Austria, Belgium, Bulgaria, Czech Republic, Croatia, Denmark, Estonia, Finland, France, Ireland, Italy, Latvia, Lithuania, Luxembourg, UK, Netherlands, Poland, Portugal, Slovakia, Slovenia and Sweden.
Shipping methods for Romania
b. Romanian Post
Shipping methods for the countries mentioned above, except for Romania
a. Courier, CPT, Door to door
The courier will try delivery 2 times at the shipping address mentioned on the order completion page. If shipping fails, the package will be returned to Farmec's headquarters and the order will be cancelled, the client being charged with the cost of a new shipping, regardless of the value of the products ordered.
CPT or Carriage paid shipping to means that:
The Seller pays for the shipment of the goods at the agreed location. The risk of loss of damage to the goods, as well as any other additional costs due to events that took place once the goods have been handed over to the courier pass from the seller to the Client the moment the goods were handed over to the courier.
10. RISK AND PROPERTY RIGHTS TRANSFER ON THE PRODUCTS
Except for CPT shipping (Carriage paid to), all product-related risks (loss and damage included) will be in the responsibility of the Client from the moment of shipping, the moment the Client or a third party designated by the Client, other than the courier, get into possession of the products.
Product ownership will not be transferred to the Client until we receive full payment of all the sums due for the products, including delivery costs, or upon delivery (as defined in the Article 9 above) if this happens at a later date. The right to ownership of the products will immediately return to Farmec if we refund the Client any such payment.
11. PRODUCT RETURN POLICY
The Client has the right to withdraw from the contract, without specifying the reasons, within 14 days, according to GEO no. 34/2014. The withdrawal period expires after 14 days from the day on which the Client or a third party, other than the courier indicated by the Client, gets in possession of the products.
To exercise his/her right of withdrawal, the Client is bound to notify Farmec of his/her intention to return the products ordered by written communication to Cluj-Napoca, no. 16 Henri Barbusse Street or by sending an e-mail to the address: email@example.com, within 14 days of products receipt.
In the event that the Client exercises the right of withdrawal, he/she must return the products in the same condition as when delivered (in the original package with all the accompanying documents: boxes, labels, instructions/other documents (if any) etc.) within no more than 14 days from the date when the Client has notified Farmec regarding the intention to withdraw from the contract.
We refund the product value, by bank transfer, including all shipping costs, within 14 days of the date you have notified us of your decision to withdraw from the present Contract. The value of the extra services including but not limited to additional shipping costs due to the fact that a Client has chosen a different delivery method than the standard delivery methods offered by Farmec, paid by the client, is not refundable. Farmec may delay the refund until the date of receipt of the products or until the Client provides proof that he/she has sent the products to Farmec, the most recent date being valid. In all situations, the return/re-shipping costs will be paid by the customer.
The Client's right to cancel a Contract applies only to products that are returned in the same condition as when received. No refunds will be provided if the product has been used afterwards, it has been unsealed, if it is not in the same condition as it was delivered or if it is damaged. By opening the individual packages in which the ordered products were delivered means that the products have been unsealed, that they are the products ordered and they meet your requirements, being then impossible to return these products to Farmec and become subject to the Client's right of withdrawal.
12. COMPLAINTS MANAGEMENT. WARRANTY
In the event of undesirable/unpleasant side-effects as a result of using the products, please contact the Farmec Quality Control Department, describing the problem in detail, for an evaluation as accurate and relevant as possible from our specialists. To get in touch with these specialists, please fill out the contact form available on the site and select as recipient "Quality Control".
Legal guarantee of compliance
The guarantee conditions comply with Law 449/2003 on the sale of products and their associated guarantees and GO 21/1992 on consumer protection.
In case compliance shortage, it is obligatory to present the non-conforming product in its original packaging, together with all the related accessories, as well as proof of its purchase (copy of the fiscal invoice and the conformity certificate). In case products arrive without such documents, the products can be returned to the applicant/sender without the guarantee being addressed.
13. INTELLECTUAL PROPERTY AND COPYRIGHT
This site is protected by copyright.
All content available on the www.farmec.eu site, including texts, images, graphics, audio and video files, trademarks, service trademarks, industrial designs and drawings, trade names are the solely property of Farmec and cannot be reproduced, modified, transmitted, reused, used, or used publicly or for business purposes without the prior written consent of FARMEC. FARMEC is the only entity with the capacity to use intellectual and industrial property rights as well as related advertising rights, at the same time, not granting any license, any right other than to consult the Site.
Any reproduction or representation, full or partial, of the site or any of the elements that constitute the site, regardless of the support and the form, for other purposes, especially for commercial purposes, is expressly forbidden.
Any authorization request must be sent to the following address: FARMEC S.A. - no. 16 Henri Barbusse Street, Cluj-Napoca. Any unauthorized use, infringement of copyright or other intellectual and industrial property rights may lead to civil or criminal proceedings.
14. DIVESTITURE AND SUBCONTRACTING
The contract between Farmec and the Client is binding for each party.
The Client may not transfer, assign, strike or alienate in any other way a Contract or any of its rights or obligations arising thereof without the prior written consent of Farmec.
Farmec may transfer, divest and/or subcontract or otherwise alienate a Contract or any of our rights or obligations arising thereof, at any moment and for the entire duration of the Contract. To avoid that any ambiguity, any such transfer, divestiture, encumbrance or other alienation will not affect the legal rights of the Client as a consumer and will not terminate, reduce or otherwise limit any warranty that has been expressly granted to the Client or by default.
Farmec may send you notifications abut company's activity and about the site farmec.eu to the e-mail address provided by you in the notification subscription form or by other communication means. Receiving notifications involves selecting the appropriate option by completing a form by the Client using the farmec.eu Site or via a Farmec promotional page, as well as by unconditionally accepting the Terms, in case such agreement has not been already expressed.
The Client may give up to receiving such notifications by using one of the following methods:
a) Using the dedicated link provided in the newsletters.
b) By contacting Farmec, complying with the contact information, and without any subsequent obligation of either party to the other or without any party claiming the other damages.
Waiving the receipt of notifications does not imply waiving your approval on the Terms used.
Farmec reserves the right to select the persons to whom it will send notifications and the right to remove from its database any Client who has previously agreed to receiving notifications without any subsequent commitment from Farmec, or any prior notification thereof.
Farmec will not include in the notifications transmitted to the Client any other type of advertising material in the form of content regarding any third party that is not a partner of Famec, at the moment of sending the newsletter.
Any report settled by the purchase of products or services through the Site is regulated and interpreted in compliance with Romanian laws, and the Client admits to submit to the exclusive jurisdiction of the competent courts of law in Romania.
Any conflict rising between Farmec and another party is subject to amicable settlement. In the event that no common ground is reached by amicable settlement, jurisdiction lies with the Cluj-Napoca courts of law.
Farmec reserves the right to terminate the Site without any prior notice.
18. OTHER PROVISIONS
These Terms and any documents to which there is an express reference constitute the entire agreement between the Client and Farmec as to the subject of any Contract, superseding any other agreement or any other prior or verbal arrangement between the Client and Farmec .
Farmec reserves the right to make any changes to the present provisions, as well as any changes to the Site/its structure, including changes that may affect the Site and/or any content without the prior notice of the Client.
Farmec may not be held responsible for any errors found on the Site for any reason, including for any modification, setting etc. not made by the administrator of the Site.