TERMS & CONDITIONS
PURCHASING PRODUCTS ONLINE
This site is operated by MAISON ELINE SRL.
MAISON ELINE SRL is a Romanian legal entity, with registered office in Bucharest, Strada Hrisovului 2-4, Ground floor, Room no. 1 Block 2, apartment 88, with tax registration code 45210045, registered at the Trade Registry Office under no. : J40/19734/11.11.2021,
hereinafter referred to as "ElineStudios.ro"
Any person who accesses the website www.ElineStudios.ro and registers validly, communicating all the necessary data to ElineStudios.ro, will be referred to as "User".
Any user who submitted and completed an order regarding one of the products offered for sale on the www.ElineStudios.ro website will be referred to as "Client".
Processing of personal data
Art. 1. DEFINITIONS
1.1. In order to remove any contrary interpretations, within the meaning of this contract, the following terms have the definitions given below:
1.2. Site represents the domain www.ElineStudios.ro as well as its subdomains.
1.3. Service - made available by Maison Eline SRL through the online platform that can be accessed at www.ElineStudios.ro - the e-commerce service conducted exclusively on the available public portions of the site, in the sense of giving the User/Client the possibility to contract products and /or services using exclusively electronic means, including other means of remote communication but not limited to them (including by telephone).
1.4. The order represents the electronic document, generated as a result of accessing the website www.ElineStudios.ro by a User who has accepted the terms and conditions of use presented on the website.
1.5. By placing an order on the site, the User agrees, firmly and expressly, with the form of communication (telephone or e-mail) through which ElineStudios.ro conducts its operations, not being able to subsequently invoke any circumstances/states of fact of the nature of modify these forms of communication.
1.9. Specifications – all product specifications uploaded to the site as made available by the manufacturer. If, between the specifications made available by the manufacturer (ingredients, image, labels or packaging, the enumeration being exemplary and not limiting) differences appear as a result of the changes imposed by the manufacturer, or there are other differences caused exclusively by the manufacturer, ElineStudios .ro does not assume responsibility for the image of the products presented on the website www.ElineStudios.ro, or for differences (ingredients, image, labels or packaging, the list being exemplary and not limiting) caused exclusively by the manufacturer, the customer not being able to invoke against Maison Eline SRL aspects or other factual situations of the nature of attracting the responsibility of the subscription, regardless of its nature.
1.10. These general terms and conditions of sale will form the basis of the distance sales contract and will be subject to the provisions of O.U.G. 34/2014, as well as any other regulations in the matter, in force on the date of conclusion and performance of the contract. To the extent that there are norms that govern the same factual situation, norms that are contradictory, the applicability will have that norm with a more favourable character compared to the party at fault.
Art. 2. GENERAL CONDITIONS
2.1. Through this document, we bring to your attention the regulation regarding the terms and conditions of use of the ElineStudios.ro website
2.2. The use of the website www.ElineStudios.ro (browsing, access, purchase of products from this site, processing of personal data, etc.) implies the guarantee from the client that he has reached the age of 18, so that he benefits from the legal rights for to validate an order and agree to the terms and conditions set forth in the content. Thus, the one who has turned 18 benefits from all contractual rights and obligations, derived from the legal report generated by the launch of the order, respectively it's confirmation.
2.3. The administrator of the website www.ElineStudios.ro reserves the right to modify the content of this agreement at any time without prior notification.
2.4. By using the site/content/, the User or Client is solely responsible for all activities arising from its use. Also, he is responsible for any material, moral, intellectual or electronic damages or any other kind caused to the site or the content belonging to MAISON ELINE SRL, in accordance with the Romanian legislation in force.
2.5. The buyer/client cannot revoke the agreement expressed in favour of the conditions present in the website www.ElineStudios.ro during the duration of a contract or until the moment he pays the value of all unpaid contracts to MAISON ELINE SRL DISTRIBUTION S.R.L. The exception is the agreement regarding the processing of personal data, but such a possible revocation does not have any consequence on the previous contractual relations, already born, on the basis of which payment obligations were validly born, but not honoured, they will be paid , in full, regardless of the client's option regarding the processing of his personal data, this option producing effects only for the future and not for previously born situations.
2.6. If the User/Client has paid the value of all unpaid contracts to MAISON ELINE SRL DISTRIBUTION S.R.L. and maintains its intention to revoke the agreement expressed in favour of the conditions present in the website: www.ElineStudios.ro during the execution of an order, MAISON ELINE SRL. shall cancel the User/Customer's product request without any further obligation of either party to the other or without any party being able to claim damages against the other.
Art. 3. THE OBJECT OF THE CONTRACT.
3.1. The object of the Contract is the sale of the product/products ordered on the website by the Customer and confirmed for delivery by ElineStudios.ro representatives. The order must include: the selling price of the product/products ordered, the method of payment, as well as the deadline the payment. However, the lack of any such element does not lack legal effects on the valid contractual relationship created by launching, respectively confirming the order, to the extent that this contractual relationship can be easily and reasonably verified, as well as its legal consequences.
3.2. The ownership of the products will be transferred at the time of payment by the Customer in the location indicated in the order (even if the customer is not in that location personally, the payment will be made by another person, but in the location indicated by the customer and for the ordered products by him), understanding by delivery - the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by ElineStudios.ro staff.
Art. 4. SALE PRICE. PAYMENT METHOD
4.1. The selling price of the products is that displayed on the website. The price shown includes VAT as well as any other applicable tax (less the delivery charges of the product/s). The sale price can be changed by ElineStudios.ro, at any time without prior notice. The selling price represents the price charged by Maison Eline SRL, displayed on the website in a visible manner, without any kind of discrimination, with the exception of the cases when certain customers are offered products at differentiated or preferential prices in order to reward their loyalty, for their loyalty in the future or as a result of making orders that, by frequency or volume, are of such a nature as to justify the practice of different prices, as well as the component of marketing or promotion campaigns. ElineStudios.ro reserves the exclusive right to unilaterally refuse a negotiation to the extent that it is detrimental to the company's economic activity or there is a risk that such a negotiation will create future disadvantages for the company, regardless of their nature. After the negotiation, the resulting price cannot be higher than the one displayed on the website, with the exception of justified cases such as ordering certain products or certain quantities of products, with a certain delivery term requested by the customer but which would generate an additional effort for the supplier compared to from the normal one, generated by a usual command.
4.2. The order registration confirmation, automatically received by the person who placed the order, does not represent a firm and express confirmation of the fact that the ordered product/products are in stock (there is a possibility that the displayed availability is approximate) and does not generate any kind of contractual or other obligation for the seller, the launch of the order presupposing, initially, exclusively the confirmation of registration and the details of the launched order.
The order placed online, on the ElineStudios.ro website, is valid and generates contractual obligations for the seller exclusively after confirmation by the latter and only if the following conditions are cumulatively met, without any exception:
• the data of the person who placed the order are complete and correct, he providing all the necessary information, in accordance with the legislation in force, assuming full responsibility for their accuracy and correctness;
• the person who launched the order or the beneficiary of that order is not registered in the Maison Eline SRL database as falling under art.4.3, art.4.4. from "Terms and Conditions", circumstances detailed below, and is not found in any of these cases;
• the ordered products are actually in the seller's stock and are available for the concrete fulfilment of the order launched;
there are no system errors or similar, of the nature of generating an erroneous or incomplete price (for example, the value of the product is displayed 0 = zero - lei or the price displayed as transaction value of the product, as a result of an error, is finally, derisory or obviously disproportionate, in relation to the quantity, quality and properties of the product, being obvious, for any consumer with an average degree of training and knowledge, that it would be impossible, from a commercial point of view, to trade the product at the respective price.
• the issuing bank of the card used by the person who launched the order accepts the transaction
• the seller issues the tax invoice for the ordered products
At the time of order confirmation, exclusively under the above conditions, ElineStudios.ro will issue an invoice for the products to be delivered, only to the extent that these requirements are met cumulatively.
The moment of issuing the invoice represents the moment of the effective conclusion of the contract, the contract not being considered concluded neither at the time of placing the order nor at the time when the order registration confirmation is received from Maison Eline SRL.
Maison Eline SRL reserves the exclusive right to cancel the delivery of the ordered products/to cancel the honouring of the order at any time, even after the invoice has been issued, to the extent that the above-mentioned cases are found to have occurred (including the circumstance that the price was listed incorrectly, as a result of an error - IT error, material error, display error on the website, regarding the price of the products or their characteristics, etc. -, error that generated an inaccurate, wrong, low or derisive price), there being no obligation on the part of the seller to notify the customer in advance.
To the extent of canceling an order for and under the conditions detailed above, none of the parties will be held to any obligation towards the other, in the sense that neither party will be able to claim compensation from the other party, regardless of the nature these compensations.
4.3. At the time of order confirmation, ElineStudios.ro will issue an invoice for the products to be delivered, the User being obliged to provide all the information necessary to issue the invoice in accordance with the legislation in force, assuming full responsibility for their accuracy and correctness.
4.4. Maison Eline SRL undertakes to honour, under reasonable conditions, all orders received, without discrimination among the clientele. However, Maison Eline SRL reserves the right to unilaterally refuse, on grounds, the honouring of certain orders to the extent that it considers, based on real and objective circumstances, that the supply of products ordered to certain persons either violates the rules in force, or it would not be appropriate to make the delivery (for example, the order is made by a person who has previously ordered products but either did not honour their payment, or honoured it late, or honoured it partially, in a totally unjustified way, etc.), or by making such a commercial relationship the company would be harmed, regardless of its nature. In these cases, the subscriber is not responsible for not honouring the order and the client/user will not be charged any cost.
4.5. Also, ElineStudios.ro reserves the right to refuse to honour an order/cancel it unilaterally to the extent that it was placed by a person who showed an attitude towards the subscriber that does not comply with the rules in force or adopted a hostile, harassing, bad faith or unjustified attitude/conduct. ElineStudios.ro reserves the right to refuse to honour an order/cancel it unilaterally to the extent that, based on objective elements, it can be concluded that there are grounds for adopting such behaviour towards the subscribed.
4.7. The payment methods are:
- Payment in cash - in lei, in full, upon delivery. In the case of product delivery through a courier company, its payment will be made to the delegated courier, respectively the courier company, based on the receipt as proof of payment. Making the payment by the customer represents the acceptance regarding the conformity of the delivered product/products.
- Bank card payment - secure processing through Stripe Payments, directly on the website. The order can be canceled unilaterally, without any obligation on the part of the supplier, to the extent that the transaction is invalidated as a result of the non-acceptance of the customer's card, in the case of online payment.
4.8. In the event that the customer places the order on the ElineStudios.ro website, benefiting from free shipping and paying the price of the ordered products with a bank card, but provides incorrect or incomplete data, so that the ordered products will be returned to the supplier, the latter will refund the customer the paid price from which the transport value will be deducted.
4.9. The promotions/offers present on the website are valid within the limit of available stock and only during the period indicated on the website, under the conditions shown on the website.
4.10. In the event that the contract cannot be executed because the product is no longer available, ElineStudios.ro will inform the Client about this unavailability, on the date it became aware of this case. In the event that the product has already been paid for, the amounts received as payment will be reimbursed within a maximum of 30 days, unless the parties agree otherwise.
4.11. The beneficiary of the delivered products owes ElineStudios.ro late penalties in the amount of 0.5%/day of delay, calculated on the total value of the invoice, representing the total price of the delivered products, starting from the second day after delivery, to the extent that payment is not was carried out before or simultaneously with the receipt of the goods.
Art. 5. DELIVERY OF PRODUCTS
5.1. The delivery of the ordered product (as well as the accompanying documents) will be made to the address indicated by the Customer, within a maximum of 14 days from the moment the product is picked up by FAN Courier, or any other courier company, which represents the withdrawal period from the concluded contract with ElineStudios.ro.
5.2. If the delivery deadlines cannot be met, ElineStudios.ro will notify the Customer of the estimated delivery deadline.
5.3. If the Customer does not provide correct information regarding invoicing or delivery, ElineStudios.ro will be able to refuse the delivery, without this being considered a breach of the Contract, or will be able to set a new delivery deadline, after fulfilling the deficiencies. Maison Eline SRL reserves the right to refuse a new delivery to the extent that the inaccurate or erroneous communication of the above-mentioned data was made with intent and without justification.
5.4. ElineStudios.ro does not assume responsibility for delays caused by the courier company, the responsibility rests entirely with it, the underwriter guaranteeing exclusively the fulfilment of the obligations that belong to its own person and its own employees.
5.5. To the extent that the customer is not found by the courier company at the address specified in the order, or the address specified in the order is not complete or contains inaccuracies, of the nature of making the delivery of the order impossible, as well as if the delivery should be made in an inappropriate location, of the nature of endangering the integrity of the courier, a fact that makes delivery impossible, the customer is fully responsible for the transport value.
5.6. To the extent that the customer returns and resolves the order, all costs related to the new transport are his responsibility.
5.7. To the extent that the customer, after placing the order, notifies ElineStudios.ro in any way of his intention not to take over the ordered product, or refuses to take over the product delivered by courier, the price not having been paid, the customer is fully responsible for the entire cost of the transport or possible expenses borne by ElineStudios.ro as a result of the launch of the order which was unjustifiably abandoned.
5.8. To the extent that the customer pays the counter value of the products, but by the time of their delivery/pick-up, changes his mind, unjustified, cancels the order or refuses to take over the products, ElineStudios.ro will refund the price paid, following which the eventual cost of transport will be deducted from it - if this has been carried out - as well as any other amount representing possible costs incurred by ElineStudios.ro as a result of the order being launched which was unjustifiably cancelled.
5.9. By placing any order to ElineStudios.ro, by completing the order form in which the customer mentions, as contact details, the telephone number where he can be called and/or the e-mail address, the latter expresses his acceptance, expressly and unconditionally, that the respective phone number and / or e-mail address can be used by ElineStudios.ro for the purpose of sending promotional/advertising messages, personalised offers, messages on the occasion of holidays or other events, messages/information regarding the status of the order in progress, messages of thanks regarding the orders launched, as well as any kind of information from ElineStudios.ro regarding the products sold, the orders launched or the commercial activities carried out by ElineStudios.ro. In case the customer does not want/no longer wants that the telephone number communicated once the order was placed and/or the e-mail address provided will continue to be used for the above-mentioned purposes, aces you are obliged to inform ElineStudios.ro, under the conditions mentioned in the Section "Processing of personal data", making an express and explicit mention with concrete indication of which contact data you no longer wish to be used (phone number and/or email address e-mails communicated) in the future, the lack of such information/notification to Maison Eline SRL equating to the client's continued acceptance of the previously listed activities. ElineStudios.ro is not responsible for the client's provision of a phone number that does not belong to him and/or to an e-mail address of which he is not the owner, at which he cannot be contacted or whose owner has become, after the order, a third party.
Art. 6. WARRANTIES
6.1. All the products sold on the website benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers, the manufacturer being solely responsible for any shortages, deficiencies, non-conformities, etc., the enumeration being exemplary in nature, it essentially includes all the factors having a direct connection with the manufacturer.
6.2. The products sold by ElineStudios.ro are new, in their original packaging and come from sources authorised by each individual manufacturer.
6.3. ElineStudios.ro can limit the ability to purchase some products or services available on the site at a given time, to one or more Customers.
6.4. Also, any complaint regarding deficiencies of the purchased product/products can be made directly to Contact@ElineStudios.ro or at the ElineStudios.ro headquarters within 14 days of receipt.
Art. 7. RETURN OF PRODUCTS
7.1. Depending on the nature of the products, any individual customer (consumer) has the right to notify Maison Eline SRL in writing that he wishes to cancel the sale-purchase contract of the ordered product(s), without this giving rise to penalties and without it is necessary to invoke any reason, provided that the denunciation occurs within a maximum of 14 days from the delivery of the order.
7.2 The return of the product/products ordered and delivered will be made exclusively by sending them, at the expense of the buyer, via a courier company.
7.4. The counter value of the products ordered, delivered by Maison Eline SRL and subsequently returned by the buyer, under the above-mentioned conditions, will be returned exclusively by bank transfer, to the personal account of the buyer, except for the case where he authorises a third party for the purpose indicated the person, by means of an authentic notarial deed, written which will be presented in original to the supplier.
7.5. For returned products with damaged or incomplete packaging, signs of wear, scratches, bumps, etc. ElineStudios.ro will have the right to choose whether or not to accept the return or whether to reduce the returned amount, proportional to the deficiency found upon return, meaning that, by bank transfer, the buyer will be refunded exclusively this amount. The cancellation of the contract and the return of the product will be done in accordance with the instructions presented in Annex B of GEO 34/2014.
7.6. In the case of exercising the legal right to return the product, ElineStudios.ro will reimburse its value, by bank transfer under the above-mentioned conditions, within 14 days at most from the receipt of the products, unless it is found that the returned product has defects , deficiencies, damages, etc., a situation in which the price will be reduced proportionally, according to art. 7.5.
7.7. Repeated termination of the contract, repeated return of products, without a real or objective justification, may be considered an abuse.
7.8. In any situation of returning the products, they must be in the same condition, sealed, in the original packaging and box, with the labels intact and together with all the documents that accompanied it (invoice, tax receipt or other documents), these conditions being cumulative, the lack of one giving the supplier the right to refuse the return and refund of the price.
7.9. Those products for which the manufacturer imposes special storage conditions will NOT be accepted for return by Maison Eline SRL, in accordance with GEO 34/2014 Art. 16 Lit. d).
7.10. The provisions of this chapter are supplemented by the provisions of O.G. 34/2014, in the case of purchasing products from this site using remote communication techniques.
Art. 8. RESPONSIBILITY OF MAISON ELINE SRL
8.1. ElineStudios.ro cannot be held responsible for any loss of the User or the Client in the situation where this is caused by non-compliance with these terms and conditions or by non-compliance with the Contract and other instructions mentioned on the site.
8.2. ElineStudios.ro is also not responsible for damages caused as a result of the site not functioning as well as for those resulting from the impossibility of accessing certain links accessible from the site.
8.3. ElineStudios.ro is not responsible for damages of any kind that the User/Client or any third party may suffer as a result of ElineStudios.ro fulfilling any of its obligations under the Contract and for damages resulting from the use of the respective products after delivery and, in particular, for the loss of products.
8.4. ElineStudios.ro is not responsible to any client/user for any requests outside of the present terms and conditions, it cannot be responsible for any possible damage, material or of any other nature, that would derive, directly or indirectly, from facts or other circumstances that have not been mentioned in this section of Terms and Conditions.
8.5. ElineStudios.ro reserves the right to cancel the order and not to reserve the ordered products if the customer cannot be contacted by phone within 24 hours of placing the order.
Art. 9. INTELLECTUAL PROPERTY RIGHTS
All materials integrated in this site (including product descriptions, their promotion method, etc.) are the intellectual property of ElineStudios.ro. These materials may not be copied or reproduced, except for the period they need to be viewed online. Violation of this obligation gives Maison Eline SRL the right to request both interest damages and the obligation of the guilty party to immediately stop the harmful act, which disregards the intellectual property of the subscription.
Art. 10. ABUSE USE OF THE WEBSITE www.ElineStudios.ro
10.1. Abusive use of the site is considered any use made in bad faith, in a way contrary to the practice in the field, the regulations and the legislation in force, in any other way that can cause damage to ElineStudios.ro, or for completely different purposes than those specific to the normal use of the site.
10.2. Any attempt to access the personal data of another user or to modify the content of the site or to affect the performance of the server on which the site runs will be considered an attempt to defraud the site or to cause damage to the subscription, the competent bodies (including criminal ones) to be reported under this aspect.
Art. 11. ASSIGNMENT AND SUBCONTRACTING
11.1. ElineStudios.ro can assign and/or subcontract to a third party for services related to the fulfillment of the order, with the information of the Client, his consent not being necessary in order to carry out the order.
11.2. In case of assignment/subcontracting, ElineStudios.ro remains liable to the Client regarding how the person to whom it assigned the contract fulfills its obligations to the Client.
Art. 12. - MAJOR FORCE
None of the parties will be liable for non-performance of its contractual obligations, if such non-performance is due to a force majeure event, in accordance with the legislation in force.
Art. 13. APPLICABLE LAW. disputes
13.1. The contract is subject to Romanian law. Any disputes arising between ElineStudios.ro and the Client will be resolved amicably, meaning that the dissatisfied party will send, in advance, a notification, through a means of communication capable of proving receipt by the other party, in the event that this will not be possible, disputes will be settled by the competent Romanian courts.