1. GENERAL PROVISIONS
www.farmec.ro and www.farmec.eu websites are property of S.C. FARMEC S.A. (hereinafter referred to as „Farmec”) and its use implies acceptance of the terms and conditions below. The terms and conditions settle the conditions and state the rights and obligations of both the seller (provider) and the user and customer (consumer, buyer). S.C. FARMEC S.A. is the seller and operator of the online operations; it is organized under the laws of the Romanian state, based in Cluj-Napoca, Str. Henri Barbusse nr. 16, zip code 400616, Cluj County, taxpayer identification number RO199150, Registered with the Trade Register under no. J12/14/1991.
For contact information, please see the contact section on our website.
Any relationship established by purchasing products or services through www.farmec.ro and/ or www.farmec.eu website is governed by and construed in accordance with the laws of Romania and the user and customer agree to submit to the exclusive jurisdiction of the competent authorities of Romania. Every product or service offered through this website is aimed at natural persons who purchase them for their own purposes, not for resale. Farmec has no obligation or liability resulting from the successive resale of products and/or services through www.farmec.ro and www.farmec.eu website, by purchasers who do not have the company’s agreement for this purpose.
The relationship between the parties is governed by the Romanian law on consumer protection (G.O. no. 21/1992), the e-commerce law (Law no. 365/2002) ordinance regarding consumer rights in contracts with professionals, amending and supplementing certain normative acts (G.O. no.34/2014).
Site/Domain – an area of a computer system, owned by the seller for the purpose of data processing, storing or transfer, which contains all the information, that can be visited, viewed or otherwise accessed through the use of digital equipment.
Long-distance agreement – an agreement for the supply of goods and services concluded between a trader and a customer as part of a selling system organized by the trader, which uses exclusively, before and after the completion of the contract, one or more long-distance communication techniques.
Completion of the contract – the order submitted by the customer is a legally binding document, provided it is confirmed and accepted by the seller. After the seller accepts the order, the parties conclude a legally binding agreement, with rights and obligations on both sides, as they are defined by the contract or the terms and conditions of this website, which are an integral part of the agreement.
Seller (provider) / Trader – a legal person who, in performing the agreements covered by the contractual terms and conditions, acts within their commercial activity and who – either directly or through other natural or legal persons – delivers goods or services to the customer.
Customer (Consumer, Buyer) – an individual who has or gains access to the site content and service through e-communication or under a User Agreement concluded with Farmec, and who, in performing the agreements covered by the contractual terms and conditions, acts for purposes outside their commercial, industrial, production, craft or liberal activity.
User – a natural or legal person who has or gains access to the site content through e-communication or under a User Agreement concluded with Farmec.
Service – e-commerce service conducted exclusively on the publicly available sections of the website, in the sense that the customer is offered the possibility to contract products by using exclusively electronic means, including other long-distance communication means (i.e. telephone), used for data processing, storing or transfer.
Document – these Terms and Conditions
Terms and conditions – the contractual agreement between the seller and the customer, in accordance with the terms and conditions shown in this section. The customer accepts the terms of the agreement when submitting the order – an order that becomes legally binding once the purchase agreement is concluded. The customer undertakes to take note of these conditions, which are considered to have been accepted once the order is submitted to the seller. One can renounce the contract in accordance with the legal provisions on long-distance agreements.
3. THE WEBSITE OPERATOR
The operator of the www.farmec.ro and www.farmec.eu website is S.C. FARMEC S.A., Str. H. Barbusse nr. 16, post code 400616, Cluj-Napoca, Cluj County, with the following tax information: RO199150, J12/14/1991.
4. SITE USAGE / GENERAL POLICY
This Document sets out the terms and conditions for the usage of the site/content/service by the user or customer, in case the latter does not have another valid usage agreement concluded with Farmec.
The service can be accessed exclusively by accessing the public website www.farmec.ro and www.farmec.eu
The site/content/service allows viewing and downloading the materials on www.farmec.ro and www.farmec.eu solely for personal, non-commercial use, only if they do not conflict with the provisions of the terms and conditions and imply the user’s or customer’s adherence to these terms and conditions, unless the respective content has distinctly formulated conditions of use. The partial reproduction of the materials is allowed if clearly stating the source; in case of reproducing a more significant part, one must contact us at email@example.com, for a prior written consent. The information on the website is meant for information purposes only and shall be treated as such. Any use outside the terms and conditions hereby provided, without Farmec’s prior written consent, is strictly prohibited; it shall be deemed intellectual property theft, and involves accountability to the laws that protect them.
In case Farmec grants the customer/user the right to use a certain content as described in a distinct user agreement, content to which the user has or gains access as a result of such agreement, this right extends exclusively to the particular content defined in the agreement, only during its existence on the site or for the period defined in the agreement, under the conditions defined in the agreement, if any, and does not represent a contractual commitment on the part of Farmec for the respective user, customer or any third party who has/gains access to the transferred content, by any means, and who could be or is prejudiced in any way from this content, during or after expiry of the user agreement.
No content transmitted to the user or customer, by any means of communication (electronic, by phone etc.), or obtained by accessing, visiting and/or viewing the site does not represent a contractual obligation on the part of Farmec and/or the particular employee who mediated the transfer of content, if any, to the respective content.
By using the site/content/service, the user or customer is solely responsible for all activities deriving from its usage. The user/customer is also liable for any material, intellectual, electronic or other damage to the site, content, service, to Farmec or to any third party Farmec has signed contracts with, in accordance with the Romanian legislation in force.
In case the user or customer does not agree to and/or does not accept and/or revokes approval for the terms and conditions, they may contact Farmec or use the links in the content received from Farmec to this purpose. Thus:
1. They give up: access to the service, other services provided by Farmec through its site, receiving the company’s newsletters and/or communications of any kind (electronic, by phone etc.), without any further guarantee from Farmec.
2. Farmec will erase all related data from its database, without any further obligation to any party against the other, or without any party claiming damages from the other.
At any time, the customer/user can go behind his decision to agree on and/or accept the terms and conditions, as available at that particular time.
The customer cannot revoke the consent given for the terms and conditions during the period of a contract or until he pays the equivalent of all outstanding contracts with Farmec.
If the Customer has paid the equivalent of all outstanding contracts with Farmec, and decides to revoke the consent given for the terms and conditions during an order, Farmec will cancel the respective order without any further obligation to a party against the other, or without any party claiming damages from the other.
As a user of www.farmec.ro or www.farmec.eu, you have the possibility to create an account.
Upon registering on our website, you are required to provide true, accurate, current and complete information about yourself. Otherwise, your access to this site can be restricted for a limited or unlimited period. You are not obliged to provide this information; however, your refusal involves the impossibility to place an order.
Please keep in mind that you are solely responsible for maintaining the confidentiality and security of your own account. You are also solely responsible for all the activity that occurs via or in connection with your account, and you agree to immediately notify Farmec of any unauthorized use of your account or any other breach in security. Farmec will not be held responsible for the damage arising from the unauthorized use of your account.
The attempts of unauthorized access to the site, including but not limited to any attempt to access the personal data of another user, to modify the content of www.farmec.ro and www.farmec.eu or to affect the performance of the server it runs on, will be considered fraud attempts and will be reported to the competent authorities, leading to criminal investigation against the one(s) who attempted it.
Opinions or comments containing abusive or inappropriate language will be removed from the site or ignored. The seller is free to manage the information received without having to provide justifications for it.
Farmec publishes on its website complete and accurate information for identification and contact by customer or user. By using the contact form or the service on the site, the user or customer allows Farmec to contact them through any available means, including electronic ones.
Partial or total completion of the contact form and submitting it does not represent any commitment on the part of Farmec to contact the user or customer.
The farmec.eu site uses own cookies and cookies installed by third-parties, such as Google, in order to provide you with the best possible experience on this site. The cookies used on this site provide a valuable feedback and help us in our endeavor of improving online experience.
An “Internet Cookie” is a small file consisting of letters and numbers, which will be stored on the computer, mobile device or other equipment of a user where the Internet is accessed from. This is not a virus and it does not request personal information in order to use it.
Cookies provide users with a pleasant browsing experience and they support the efforts of many websites in providing useful services to users, since they store important information that improves the Internet browsing experience (e.g. the settings of the language in which someone wishes to access a site, keeping a user logged in, the online banking security, keeping products in the shopping cart, etc.)
Some browsers offer you the possibility to control cookies, in order to disable them. But you need to keep in mind that if you disable cookies, this may also lead to a decrease in the quality of your visits on the farmec.eu site.
5. VALIDITY OF OFFER AND PRICE OF PRODUCTS
Farmec’s offers and products are offered by the terms and conditions in their available stock. Therefore, Farmec reserves the right not to meet an order if the respective product is no longer available in Farmec’s current offer. Farmec will inform the customer of the unavailability of the product ordered, and the customer has the possibility to accept or refuse the partial order. The pictures of the products are solely for presentation purposes.
The prices of the products shown include VAT and exclude delivery charges, unless explicitly stated otherwise on the website. The valid price or offer is the one available at the time of placing the order, regardless of any subsequent changes in price. The prices of products can be modified without prior notification.
In our online shop, we are offering various types of discounts. Every discount code can be used only once, unless expressly provided otherwise. In case of abusive multiple uses, the seller has the right to decline the use of the discount code. Promotions and discounts cannot be combined with other promotions and discounts already existing in Farmec showrooms.
In accordance with the EU standardized legislation, all cosmetic products have an icon printed on the packaging (a drawing representing an open round box and a number). The number on the icon represents the number of months of the product validity from the time it was opened. For example, a product with the code M24 printed on the packaging can be used for 24 months after it was opened. The corresponding icon for products with a validity period longer than 36 months is M36.
6. ON-LINE ORDERS
The customer can place orders for available products at any given moment, exclusively on the site.
The order is placed via our order system, by filling in an order form. Please check the data you have entered; once the order has been initiated, modifications are no longer possible.
For further information about your order, you can call 0040 372 406 333 from Monday to Friday, between 8 a.m. and 4 p.m., or you can send an e-mail to firstname.lastname@example.org.
By completing an order, the customer agrees that all the information provided, necessary for the purchasing process, is complete, accurate and true at the time of placing the order.
If a customer changes their personal information, using the forms available on our website, all ongoing contracts existing at the time maintain the information defined/accepted by the customer before the change was operated.
Farmec may automatically terminate the order made by the customer, without any further obligation to a party against the other, or without any party claiming damages, in the following situations:
a. the ordered products are not available on stock;
b. the payment was not completed;
c. the information provided by the customer on the website is either inaccurate or incomplete;
d. the customer’s activity on the site can and/or produces damage of any kind on the part of Farmec and/or its partners;
e. there is one or more order/s confirmed and unclaimed.
After submitting the order, you will receive a confirmation e-mail in your inbox. This e-mail certifies that your order has been successfully submitted and will be processed.
Placing an online order implies acceptance of the terms and conditions of use, of product prices and shipping costs. Placing an order on this website and acceptance of the terms and conditions of delivery and payment here, is considered a LONG-DISTANCE AGREEMENT entered between the customer and Farmec. The long-distance agreement takes effect upon receipt by the customer of the order confirmation message, according to the definitions contained in G.O no. 34/2014, Art. 2. Throughout this document, the long-distance agreement is referred to as Contract and shall include, but will not be limited to, these Terms and Conditions.
The orders placed from Monday through Friday shall be processed within 24 hours of receipt, while the orders placed on Saturdays and Sundays shall be processed the following Monday. In case these dates are modified, the new terms will be communicated both on site and by e-mail.
In case the parcel shows signs of deterioration (the package is broken, unsealed etc.) we recommend you refuse to pick up the parcel and contact us at email@example.com.
After opening the package, in case it contains damaged products or not in accordance with the goods invoiced, please contact us within 24 hours of receipt, at firstname.lastname@example.org, to replace the products or refund your money.
Farmec will not be held responsible for any damages occurred as a result of handling or transport by courier.
Delivery is available for the following countries: Romania, Austria, Belgium, Bulgaria, The Czech Republic, Croatia, Denmark, Estonia, Finland, France, Ireland, Latvia, Lithuania, Luxembourg, UK, the Netherlands, Poland, Portugal, Slovakia, Slovenia, and Sweden.
Delivery methods for Romania
a. by Courier
b. by Romanian Post
Delivery methods for the countries mentioned above, except Romania
a. by Courier, CPT, Door-to-door
The courier will attempt delivery twice to the delivery address mentioned in the order completion page. In case the order fails to be delivered, the parcel will be returned to Farmec and the order will be cancelled. The customer is to bear the cost of a new delivery, regardless of the value of the products ordered.
CPT or “Carriage paid to” delivery implies the following:
The Seller pays for the shipping of the products to the agreed destination. The risks of loss or damage to the goods, as well as any other additional costs due to events occurring after the goods have been delivered to the carrierare transferred from the seller to the buyer once the goods have been handed over to the carrier.
Unless Farmec and the customer specifically agree otherwise, Farmec does not assume the risks and responsibilities associated with the products ordered, from the moment they are handed over to the internal shipping provider or the Romanian Post.
The details of delivery – including but not limited to delivery time – do not represent a contractual commitment on the part of Farmec, without any party claiming damages from the other, in the event one party can be or is prejudiced in any way as a result of their violation. In case the deadlines for delivery and/or order initiation cannot be met, Farmec will inform the customer of the estimated time for the completion of delivery.
For courier delivery, in case the customer is not found at the mentioned address within the agreed timeframe, our courier will return for a second time, after he manages to get in contact with the customer. If the order fails to be delivered again, the order will be cancelled and the parcel will be returned to Farmec. The customer shall bear the costs of a new delivery, regardless of the value of the products ordered. In this case, the delivery address for the package will be confirmed with a Farmec customer advisor, only by written e-mail.
8. PAYMENT OPTIONS. PAYMENT AGREEMENT
The payment options vary depending on the country of delivery. If the country of delivery is Romania, all the forms of payment listed below are available; if the delivery is made to a country other than Romania, the payment can be made only by money order or online.
The payment options are: cash on delivery, payment order or online payment:
a. Cash on delivery via the Romanian Post
b. Cash on delivery via courier
c. Payment order
SC FARMEC SA
Str. H. Barbusse, nr. 16, Cluj-Napoca
Trade Register No. J12/14/1991
Taxpayer Identification Number 199150
Account for payments in RON:
RO78 INGB 0003 0081 8172 8942
Opened at ING Bank Cluj
Account for Payments in EUR:
Account opened at ING BANK, Cluj-Napoca branch, SWIFT: INGBROBU
IBAN CODE: RO14 INGB 0003 0081 8169 0712
In case the payment is made by payment order, the delivery of goods will be done only after the registration of payment.
d. Online payment
The e-commerce service offered by Banca Transilvania is certified in terms of functionality and security by VISA and MASTER CARD International Organizations, in compliance with their security standards: Verified by Visa, respectively MasterCard Secure Code. 3D Secure standard usage minimizes fraud risk, the card holders having the possibility to perform secure Internet payments. Payment information is verified in real time (online) at three levels: card issuing bank, accepting bank and Visa/Mastercard operating system, linking the issuing and accepting bank, thus facilitating the transaction exchange by using a joint protocol. Consequently, all transactions with lost/stolen cards, insufficient funds or other restrictions imposed by the issuing bank are denied.
All VISA (issued under VISA and VISA ELECTRON logo), and MASTERCARD (issued under MASTERCARD, MAESTRO AND CIRIUS logo) cards are accepted for payment, provided that on-line payments can be performed and the issuing banks are enrolled in the 3D Secure system.
Farmec is committed to protecting the personal information of the website users and not transmitting them to unauthorized third parties; instead, Farmec will use them only for establishing contacts with its customers and keeping them informed. By filling out your personal data in the account creation and/or order form, you unconditionally agree that your personal data should be included in Farmec’s database, recorded in the personal data processing register under no. 21199, and you expressly and unequivocally agree that all these personal data can be stored, used and processed by Farmec, its affiliates and their collaborators, without any territorial or time limitations, for the development and/or implementation by Farmec, its affiliates and their collaborators of activities such as – but not limited to – commercial activities, promotion of products and services, marketing, delivery, advertising, media, management, development, market research, statistics, tracking and monitoring sales and consumer behaviour, payment/banking services.
Also, Farmec does not encourage SPAM.
Processing of personal data and privacy
The data collected is used to run the activities listed above, including, but not limited to, the following purposes:
1. Invoicing and shipping your orders;
2. Solving order cancellations or complaints about purchased goods or services;
3. Ensuring access to restricted access sections on the website;
4. Sending notifications and newsletters with your approval.
The information you provide will be used for the purpose you submit them for, that is to manage, support and evaluate our services and prevent any breaches in security, or violation of the law or our contract terms.
The use of statistical and anonymous data
1. Conducting analyses/reports;
2. Preparing briefings;
3. Publishing, promoting, pitching products/services offered by www.farmec.ro or www.farmec.eu
We collect information and process it to obtain statistical data about the pages you access within sites (including IP); we can use site cookies, temporarily storing personal data to improve secure access and usability and to provide better service.
To fill and complete an order on this website, you must provide personal information. However, none of the information you provide will be available to a third party, for any purpose other than validating credit card purchasing, completing the order, marketing and promotions. This information will be exclusively used by Farmec, solely for billing purposes, and all necessary measures have been taken to protect the privacy of personal information.
Security of collected data
Host servers are managed by the IT Department. The hardware and software infrastructure is continuously reviewed and upgraded to meet the standards of new security technologies. The company is not responsible for the loss or unauthorized access to personal data, due to insecure communication media (e-mail) or ISPs.
In case of online payment
Secure Socket Layer (SSL)
www.farmec.ro and www.farmec.eu uses SSL encryption on all web pages where payments are made. In order to purchase through these services, you must use a browser with SSL capabilities, such as Firefox, Safari, Google Chrome, Opera, Internet Explorer or other compatible browser. Thus, we will be able to protect the privacy of your personal data.
3D-Secure is an anti-fraud system developed by Visa and Mastercard. Using this system allows increasing the security of online transactions. In case of loss or theft, a 3D-Secure enrolled card cannot be used by third parties for online shopping.
The authentication process does not require any special application to be installed on your computer, nor does it slow down Internet browsing.
To protect online order information, the types of cards activated by our anti-fraud systems are Visa and Mastercard.
In case of opting for online payment, the processing of card data is done via eBTpay servers (owned by Banca Transilvania), by RomCard payment processor and www.farmec.ro and www.farmec.eu does not require or store any details about your card.
The Register for Personal Data Processing
- Law No. 677/2001 on the protection of individuals with regard to the processing of personal data and the free circulation of such data.
- Law No. 506/2004 on the processing of personal data and protecting privacy in the sector of electronic communication.
Your refusal to provide the contact information requested in the order form leads to our impossibility to accept and deliver your order.
Law No. 677/2001 on protecting consumers’ rights stipulates:
• the right to be informed about the processing of your personal data
• the right to access the personal data that concerns you
• the right to modify your personal data
• the right not to be subject to an individual decision
• the right to object against the processing of the personal data you provided
• the right to go to court and/or the supervisory authority
• the right to obtain from Farmec, in its capacity as a data processor, upon request and free of charge, the correction, updating, blocking or deletion of data whose processing does not comply with applicable laws, particularly incomplete or inaccurate data
• the right to request and obtain the transformation of data whose processing does not comply with the applicable laws into anonymous data
• the right to object, free of charge and without any justification, against the processing of your own personal data for direct marketing purposes
To exercise these rights, you may submit a written, dated and signed request at email@example.com.
If you should find that some of the information you submitted is inaccurate, please inform us as soon as possible, to be able to deliver your orders and to send you any announcements or notifications about those orders.
Privacy and use of inquiries and comments
These are non-confidential and become property of the company and they may be used without the consent of the person who submitted the inquiry/comment.
Any user who has explicitly provided his e-mail address on www.farmec.ro or www.farmec.eu website can choose to delete it from our database.
Information of any kind that you provided to Farmec will remain the property of Farmec. It can be used exclusively for the performance of the contract and may be disclosed only with the prior written consent of the company. Thus, Farmec can provide your personal information to other partner companies, but only under a privacy commitment of the latter to ensure that this information is kept safe and that the provision of such personal information is done according to applicable laws, as follows: marketing services providers, shipping providers, payment/banking, telemarketing or other services, other companies with which we can develop joint programs to pitch our products on the market, insurance providers.
You shall not make any public statement, promotion, press release or use any other manner of disclosure to third parties regarding your order, without the prior written consent of Farmec.
10. COPYRIGHT AND USE OF CONTENT
This website is protected by copyright.
All registered trademarks, service marks, trade names, graphic representations, products shown, posts, product descriptions, video materials are property of Farmec and are protected by applicable laws. Any modification or reproduction of the content is strictly forbidden and it cannot be copied or used in any other way without Farmec’s prior consent. Partial reproduction of content is allowed, provided the source is mentioned.
11. THE RIGHT TO UNILATERAL TERMINATION. RETURN POLICY
The customer has the right to withdraw from the contract without giving any reason within 14 days, according to G.O. no. 34/2014.
The withdrawal period will expire after 14 days from the day the Customer or a third party, other than the courrier, indicated by the Client, takes physical possession of the product.
The customer is obliged to notify Farmec of his intention to return the purchased products by written communication at: firstname.lastname@example.org, within maximum 14 working days of receipt of the goods and/or services.
We return the equivalent value of the returned goods including delivery costs within maximum 14 days of the termination of the contract in writing. The value of additional services, including but not limited to additional shipping costs determined that a customer has chosen type of delivery other than the standard delivery methods provided by Farmec paid by the customer, will not be subject to refund. Farmec can delay the refunding until it receives the products back or until the Customer provideshas supplied evidence of having sent back the products, whichever is the earliest. In all cases, the costs of refund/re-ship will be borne by the customer.
12. HANDLING COMPLAINTS/SUGGESTIONS/ INQUIRIES
In case of side effects/adverse reactions to products, you are kindly asked to notify Farmec Company’s Department for Quality Control, describing your problem in detail, for an as accurate and relevant evaluation as possible by our experts. To contact them, please fill in the contact form on our website and choose “Quality Control” as recipient of your message.
The warranty conditions are in accordance with Law No. 449/2003 and G.O. no. 21/1992. When requesting the warranty, one must present the faulty product in the original package, together with the corresponding accessories, a copy of the invoice and the original warranty certificate. Should the products arrive unaccompanied by such documents, the products may be returned to the applicant/sender without returning the guarantee.
13. ASSIGNMENT AND SUB-CONTRACTING
Farmec may assign and/or subcontract a third party for services related to order fulfilment, without the customer’s consent. Farmec will always be responsible to the customer for all contractual obligations.
Farmec can send notifications related to the activity of the company and the website www.farmec.ro and www.farmec.eu to the e-mail address entered on the notification (newsletter) subscription form, or by any other means of communication. To receive notifications, the user or customer has to select the appropriate option by filling a form via www.farmec.ro or www.farmec.eu website, or via a campaign page owned by Farmec Company, as well as unconditionally accept the Terms and Conditions, in case the user/customer has not yet expressed their consent in this regard.
The user or customer can at any time unsubscribe from notifications, by doing as follows:
a) using the special link received in the notifications;
b) by contacting Farmec, using the contact information, without any further obligation to any party against the other, or without any party claiming damages from the other.
Unsubscribing from notifications does not involve a withdrawal of the acceptance of the Terms and Conditions.
Farmec reserves the right to select the people to whom it will send notifications, as well as the right to remove from its database any user or customer who has previously expressed consent to receive notifications, without any further commitment from Farmec or any prior notification.
In the notifications sent to the user or customer, Farmec will not include any advertising material in the form of content that should make reference to a third party who is not a partner of Farmec at the time of sending the newsletter.
Any dispute arising between Farmec and other party is subject to amicable settlement. In case this method does not lead to a compromise, the authority lies with the Romanian courts of law.
Farmec reserves the right to terminate the website activity without prior notice.
17. OBSERVING LEGAL PROVISIONS
This document and the use of www.farmec.ro and www.farmec.eu website are governed by the Romanian law and are subject to the exclusive jurisdiction of the Romanian courts of law. Any legislative change affecting the provisions contained herein in any way is outside the control of Farmec, but its observance is absolutely mandatory.
18. OTHER TERMS
The Terms and Conditions of use set forth in this document represent the Contract between you and Farmec, a contract that you have to accept and observe in order to be able to use our online services, available on www.farmec.ro and www.farmec.eu website.
The Terms and Conditions in this Contract substitute any prior written or verbal agreements between the website user and Farmec.
Farmec reserves the right to make any changes to these provisions, as well as any changes to the site/its structure/the service, including modifications that may affect the site and/or any other content, without prior notice to the user or customer.
Farmec cannot be held responsible for any errors that may appear on the site for any reason, including due to changes, settings etc. that are not made by the site administrator. Farmec will not be responsible for subsequent sales made in other jurisdictions by third parties who do not have Farmec’s consent for such subsequent sales.