1. Definitions and terms
2. General information
4. Contact information
5. Newsletters and alerts
6. Confidentiality policy
7. Online selling policy
7.2. Online orders
7.3. Contractual documents
7.5. Product warranty and quality
7.6. Return policy
7.7. Products / services for which the right of withdrawal is not granted
9. Limitation of liability
10. Force majeure and unforeseeable circumstances
12. Final provisions
13. Adding frequently asked questions
1. Definitions and terms
- THE DRESSER – The company The Dresser SRL, set up under the Romanian law, with registered office in Bucharest, 64 Drumul Taberei Street, Sector 6, Trade Register Number J40/13804/26.11.2014 and Sole Registration Code RO 33845664.
- Site – the domain thedresser.ro and its subdomains.
- Seller – The Dresser or any other future partner.
- Buyer – the natural / legal person or any legal entity which creates an Account on the Site and places an Order.
- Customer/Member– a natural / legal person having or receiving access to the CONTENT, by any communication means made available by The Dresser (electronically or by phone etc.) or based on a user agreement concluded between The Dresser and the former, who needs to create and use an ACCOUNT.
- Account – the Site section made up of an email address and a password, allowing the Buyer to place an Order and containing information about the Customer / Buyer and the Buyer’s history on the Site (orders, fiscal invoices, product warranties, etc.).
- Order – an electronic document which comes as a means of communication between the Seller and the Buyer, whereby the Buyer notifies the Seller, by means of the Site, of his / her intention to purchase Goods and Services from the Site.
- Service – the electronic trading service made available exclusively on the public sections of the SITE, in the sense of giving the CUSTOMER the possibility to contract products and / or services using exclusively electronic means, including other means of distance communication as well (i.e. by phone).
- Goods and Services – any product or service, including the documents and services mentioned in the Order, which is to be provided by the Seller to the Buyer, as a result of the Contract concluded.
- Campaign – the action of displaying, for commercial purposes, exclusively by electronic methods and only by means of the site, of a settled number of Goods and / or Services which are in limited and predefined stock, for a limited period of time settled by the Seller.
- Distance contract – according to the definition included in the G.O. 130/2000 art. 2 letter a., it is the product or service provision contract concluded between a trader and a consumer, as part of a selling system set up by the trader, which uses exclusively, before and upon conclusion of this contract, one or more distance communication techniques, without the simultaneous physical presence of the Seller and of the Buyer.
- Document – these Terms and Conditions.
- Content – all the pieces of information on the Site which can be visited, visualised or otherwise accessed by use of electronic quipment;
• the content of any e-mail sent to the Buyers by the Seller by electronic means and / or any other communication means available;
• any piece of information sent by any means of communication by one of the Seller’s or Buyer’s employees / collaborators, according to the contact information specified or not by the two of them;
• information in connection to the products and / or the services and / or tariffs charged by the Seller over a certain period of time;
• information in connection to the products and / or services and / or tariffs charged by a third party with which the Seller has concluded partnership agreements, over a certain period or time;
• data referring to the Seller or other inside information about it.
- Review – an assessment written by the owner of a product or by the beneficiary of a service, drafted based on his / her personal experience and his/ her capacity to make comments on quality, assessing if the respective product or service complies or not with the specifications mentioned by the producer.
- Comment – an appreciation or critical observation written in relation to a Review or in relation to another comment.
- Question – a means of addressing used by the Users /Customers /Buyers with the purpose of obtaining information about the products and services on the respective page.
- Answer – a written piece of information sent to the User /Customer /Buyer who posed a Question on the Site, on the page of a respective product. The answer represents an explanation given by a User / Customer / Buyer to another User / Customer / Buyer as part of a discussion.
- Newsletter/ Alert – a periodical means of information, performed exclusively in an electronic manner, i.e. by electronic post (e-mail, text message) referring to the products and services and / or to the discounts made available by the Seller over a certain period of time, without any commitment from the Seller with regards to the information contained in it.
- Transaction – the collection or reimbursement of an amount resulted from selling a product and / or Service by The Dresser to the Buyer, by using the services of the card processor accepted by the Seller, regardless of the means of delivery.
- The green stamp tax – the value expressed in RON, paid by the Seller to the company authorised to handle the operations of collection, transportation and recovery /recycling of the waste derived from electric and electronic equipment, as set forth in the G.D. no. 1037/2010 on the waste electrical and electronic equipment.
2. General information
2.1. This document settles the terms and conditions for use of the Site / Content / Service by the Customer, in case there is no other valid user agreement concluded between the Seller and the Customer.
2.2. The using, including but not limited to accessing, visiting and visualising the Content / Service, implies the Customer’s accepting these terms and conditions, except for the case in which no distinctly formulated usage conditions are set up with regards to the respective content.
2.3. The access to the Service is done exclusively by accessing the publicly available site www.thedresser.ro.
2.4. By using the Site / Content / Service, the Customer is the only one responsible for all the activities deriving from its use. Also, the Customer is responsible for any material, intellectual or electronic damages, or other type of damages caused to the Site, the Content, the Service, The Dresser or to any other third party with whom the Seller has concluded contracts, according to the Romanian legislation in force.
2.5. In case the User or the Customer does not agree and / or does not accept and / or revokes his / her acceptance of the Document:
• 2.5.1. The Customer waives: the access to the Service, other services offered by the Seller by means of the Site, the reception of the newsletters /alerts and / or the Seller’s communications of any kind (by electronic post, phone call or text message etc.), without any subsequent guarantee from the Seller.
• 2.5.2. The Dresser shall delete all the data referring to that Customer from its database, without any subsequent obligation of one party to the other and without any party being allowed to claim damages from the other.
• 2.5.3. At any moment, the Customer may reverse his decision not to agree and / or not to accept the document, under the form in which it is be available at that moment.
2.6. In order to exercise the right set forth under art. 2.5, the Customer may contact the Seller or use the links in the content received from the Seller to this purpose.
2.7. The Customer may not revoke the agreement expressed in favour of the Document during the performance of a Contract, not unless the Customer pays to the Seller the counter value of all the Contracts not executed.
2.8. In case the Customer has paid the counter value of all the Contracts not executed towards The Dresser and revokes its agreement towards the Document during the Ordering process, the Customer shall indicate the reasons of the revocation, after which the Customer shall settle with The Dresser the manner to solve the case. If, after revocation of the agreement, the Customer expressly and unequivocally requests the cancellation of the ongoing orders, The Dresser may cancel them and return the paid amounts to the Customers, within the term provided by the law.
2.9. This Site is addressed only to the Customers-natural persons who are at least 18 years old, and to the legal persons which have registered accordingly and have not been suspended or removed by The Dresser, regardless of the reason of suspension or removal. The possibility to order online is available only to the persons residing in Romania. The Dresser shall deem that, by registering on the site, the respective person meets the above mentioned conditions.
3.1. The content, as defined in the recitals, including but not limited to logos, special graphics, commercial symbols, static and dynamic images, text and / or multimedia content presented on the Site, is the exclusive property of The Dresser; hence, the Dresser is reserved all the rights obtained in this sense directly or indirectly (by means of usage and / or publication licences).
3.2. The Customer is not allowed to copy, distribute, publish or transfer to third parties, to modify and /or alter, use, connect to, display or include any content in other context than the original one intended by The Dresser; to include any content outside The Dresser website, to remove the signs which stand for The Dresser‘s copyright on the content as well as to participate in the transfer, sale and distribution of materials by means of reproducing, modifying or displaying the content, without the express agreement of The Dresser.
3.3. Any content to which the Customer has and / or obtains access by any means, is subject to the provisions of the Document, in case the content is not accompanied by a specific and valid user agreement concluded between The Dresser and the Customer, and without any guarantee implicitly or expressly formulated by The Dresser referring to that content.
3.4. The Customer may copy, transfer and / or use the content only for personal or non-commercial reasons, only in case such purposes do not come into conflict with the provisions of the Document.
3.5. In case The Dresser grants the Customer the right, in the form described in a distinct user agreement, to use a certain content to which the Customer has or gets access as a result of this agreement, this right shall be extended only to those contents defined in the agreement, only during the period of its existence or during the existence of the contents on the site, or during the period defined in the agreement, according to the defined conditions, if such conditions exist and they do not represent a contractual agreement between The Dresser and the respective Customer, or any other third party who has / gets access to this transferred content, by any means, and which could be or is prejudiced in any manner as a result of this content, during or after expiry of the user agreement.
3.6. No content transmitted to the Customer, by any means of communication (electronically, by phone, etc.) or obtained by the latter, by accessing, visiting and / or visualising shall be deemed a contractual obligation on The Dresser, in case such obligation exists, towards the respective content.
3.7. It is forbidden any use of the Content for other purposes than the ones expressly granted through the Document or through the user agreement accompanying it, in case the latter exists.
4. Contact information
4.1. The Dresser publishes the updated identification and contact information on the site, in order to inform the Customers.
4.2. By using the contact form or the service present on the site, the Customer allows The Dresser to contact him/her by any possible means, including the electronic means, respectively the electronic post (e-mail, text messages).
4.3. The partial or integral filling of the contact form and its sending does not mean a commitment from The Dresser to contact the Customer.
4.4. Accessing the Site, using the information presented in it, visiting the pages or sending emails or notifications addressed to The Dresser shall be done electronically, by phone or by any other means of communication available to the Customer. Hence The Dresser shall consider that the Customer consents to the reception of the notifications from The Dresser by electronic means and / or by telephone, including communications by e-mail, text messages or website announcements.
4.5. The Dresser reserves the right not to answer to the requests of any kind which are not connected to the products / services presented on the site or to a contract concluded with a Customer, received by any means of communication (electronically, telephone call, text message, etc).
5. Newsletters and alerts
5.1. When the Customer creates an Account on the Site, he / she accepts the Document (Terms and Conditions), expressing the agreement regarding the reception of newsletters and / or alerts from The Dresser, sent by electronic post (e-mail, text message) and / or phone call. The option regarding the agreement issued by the Member may be modified at any moment, under art. 5.3.
5.2. The data collected over from a Customer, for the purpose of sending newsletters and / alerts, can and shall be used by The Dresser subject to the Confidentiality policy.
5.3. Unsubscribing from the reception of newsletters and / or alerts by the Customer can be done at any moment:
• 5.3.1. by using the special link included in any newsletters and / or alerts received, without any subsequent obligation of one party to the other;
• 5.3.2. by using the options available in the Customer account, to modify the agreement on the reception of newsletters and / or alerts.
5.4. Unsubscribing from newsletters and / or alerts does not imply withdrawal from the agreement given to the Document.
5.5. The Dresser reserves the right to select from the Customers who have expressed the wish to receive newsletters and / or alerts, the ones to whom it shall send such notifications, as well as the right to remove from its database any Customer, without any subsequent commitment from The Dresser. In this case, the Customer may address The Dresser by means of e-mail in order to receive justifications needed in connection to any decision and / or action taken by The Dresser, in the sense of this article.
5.6. The Dresser shall not include in the newsletters and / or alerts sent to the Customer any kind of advertising material under the form of a content that refers to a third party which is not its partner at the moment of sending the newsletters and / or alerts.
6. Confidentiality policy
6.1. The Dresser collects personal and special data (the Personal Identification Code), on the pages of its Sites, only with the Customer’s voluntary agreement, for the following purposes:
• the validation, dispatching and invoicing of the orders received;
• the settlement of the cancellations or the problems of any nature referring to an order or contract, to the services or purchased products;
• to ensure the Customer’s access to the service;
• to send periodical newsletters and / or alerts, by using the electronic post (e-mail, text messages) and / or by telephone call;
• to contact the Customer, at his / her voluntary request;
• for statistical purposes.
By creating the Account, each Customer has expressed his / her consent as to The Dresser‘s collecting and managing his/her personal data, under the conditions and provisions of Law 677/2001.
Any Customer has the right to obtain from The Dresser, by a written request, signed and dated, free of charge:
a) the confirmation that his / her data are / are not processed by The Dresser;
b) as the case may be, the rectification, updating, blocking or deletion of the data whose processing is not according to the law, especially regarding incomplete or inaccurate data;
c) as the case may be, the transformation into anonymous data of the data whose processing is not according to the law;
By virtue of the voluntary registration on The Dresser‘s website or accessing (ordering) The Dresser‘s products / services, the Customer agrees with (and consents to) the processing of personal data by The Dresser, in its own IT system, both manually and automatically, to the purposes mentioned under point 6.1, according to art. 5 para. 1 of Law no. 677/2001 on the protection and processing of personal data. If the Customer does not agree with the processing of his/her personal data by The Dresser, he has the right not to use the website and not to offer to The Dresser any personal data.
6.2. The Customer is entitled to object, within the limitations provided in art.2.8, to the collection of his/her personal data and to request the deletion of such data, thus revoking his/her agreement given to the document and waiving any implicit right specified in it, without any subsequent obligation of a party to the other and without any party being allowed to claim damages from the other.
6.3. In order to exercise the rights under art. 6.3, the Customer shall address The Dresser, by accessing one of the means described in art. 5.3.
6.4. Using the forms available on the site, the Customer is entitled to modify the data he/she initially declared, in order to reflect any change occurred, if such change exists.
6.5. In case the Customer chooses to effect the online payment of the orders and / or of the contract (s), the authorising and card accepting transactions is performed exclusively by Netopia SRL, by means of the Mobilpay.ro integrated solution.
Netopia SRL functions as a data processing centre and as a connection between card issuers, card accepting traders and card users.
All types of MasterCard and VISA cards issued by Romanian and foreign banks are accepted, provided that the issuing banks have activated such cards for online payments.
6.6. The Dresser does not request and does not stock any kind of information referring to the Customer’s card or cards, such information being directly processed on the servers of the online payment service provider.
6.7. The Dresser‘s Confidentiality policy refers only to the data voluntarily provided by the Customer, exclusively on the site. The Dresser is not responsible for the confidentiality policy practiced by any third party which can be accessed by means of links, regardless of the nature of links leading to other sites.
6.8. The Dresser undertakes to use the Customer’s collected data only in conformity with the declared purposes; also, it undertakes not to make public, sell, rent, license, transfer, etc. the database containing information referring to the Customer’s personal or special data to any third party not involved in the performance of the declared purposes.
6.9. An exception from the provisions of art. 6.8 is the situation in which the transfer / accessing /visualization /etc. is requested by the authorized bodies in the cases stipulated by the regulations in force at the date of the event.
6.10. The bank card processor (s) agreed by The Dresser is/are entitled to access / visualize any type of data /documents generated as a result of an issued order, cancelled orders, contract, cancelled or performed contract, in order to investigate any Transaction, in case such transaction exists.
6.11. The Dresser guarantees that the User’s personal data, collected by means of a contract form, shall be used only until the settlement of the problem communicated by the former, after which they shall become exclusively statistic data.
6.12. The Dresser is not responsible for the malfunctions which may jeopardize the security of the server which hosts the database containing these personal data.
7. Online selling policy
7.1.1. To the purpose of performing an Order, the access is granted to any Customer who has or creates an Account. In order to get access to the service, the Customer shall have to accept the provisions of the Document.
7.1.2. For justified reasons, The Dresser reserves the right to restrict the Customer’s access to Ordering and / or to some of the payment means accepted, in case it deems the Customer’s behaviour or activity on the Site could prejudice The Dresser in any way. Under the provisions of art. 5.5. on the notification of the Customer regarding The Dresser‘s actions or decisions, the Customer may use The Dresser‘s mail option to address the latter, in order to be informed on the reasons which led to the application of the above mentioned measures.
7.1.3. Each Member may have only one Account. It is forbidden to share an Account with several Members /Customers.
7.1.4. In case The Dresser finds irregularities and / or violations of any kind of the provisions in this chapter, which lead to prejudices or perturbation of any kind of the company activity, The Dresser reserves the right, at its free choice, to cancel, limit, restrict, suspend or exclude the Customer’s access to the Content or the Service. In this case, the Customer may use the The Dresser’s mail option to receive the needed justifications regarding the measures taken in the sense of this article, and the date when they have been applied / shall be applied.
7.1.5. Communication with the Seller may be done by means of the addresses mentioned under the “Contact” section of the Site. The Seller is entitled to manage the information received without being bound to bring justifications for it.
7.1.6. The Dresser may publish on the Site information about the products and / or services and / or discounts applied by it or by any third party with which The Dresser has concluded partnership contracts, in a certain period of time and depending on the available stock.
7.1.7. The products and / or services purchased by means of the site are exclusively intended for the Customer’s personal use.
7.1.8. The Dresser may restrict one or more Customers from purchasing certain products and services available on the site, at a certain moment, under the conditions of art. 7.1.
7.1.9. All the tariffs related to the products and / or services presented on the Site are expressed in lei (RON), VAT included.
7.1.10. The invoicing of the purchased products shall be done exclusively in RON. In case of online payments, the Seller is not / cannot be made responsible for additional costs charged to the Buyer, including but limited to currency exchange fees applied by the card issuer, in case the issuing currency is different than RON. The responsibility for this action shall rest with the Buyer.
7.1.11. In case the payment is effected by bank card, The Dresser shall debit the Customer’s current account with the amounts representing the counter value of the ordered products, after sending the order confirmation to the latter.
7.1.12. The price, payment method and payment deadline are specified in each Order. The Seller shall issue to the Buyer an invoice for the delivered products and services, the Buyer being bound to deliver all the information needed for the issuing of the invoice according to the laws in force.
7.1.13. The Seller shall send the Buyer the invoice related to the Order containing the products and / or services sold by The Dresser, as well as for any other payments associated to the Order, exclusively in electronic format, by adding the invoice in the Buyer’s Account or by email, at the e-mail address mentioned by the Buyer in his / her Account.
7.1.14. For a correct communication of the Order-related invoice, the Buyer must update, whenever needed, the data in his/her Account, and by accessing the information and documents related to each Order, existing in the Account.
7.1.15. By this means of communication, the Buyer, accessing his/her Account, shall have a record of the invoices issued by The Dresser, being able to save and archive them, in its turn, at any moment and in any desired form.
7.1.16. By placing the Order, the Buyer expresses his/her agreement to receive the invoices in electronic format, which shall be added by The Dresser in his / her Account, or by means of the electronic post, at the email address mentioned in his / her Account.
7.1.17. In case this information is not made available in the Account for more than 48 (forty eight hours), please notify us at the following e-mail address: email@example.com.
7.1.18. The tariffs displayed on the site which are marked by a strikethrough signify the price recommended by a producer for the selling in the shops, commercial centres or any other commercial spaces where no discounts are applied. These tariffs are purely informative and they do not have a legal value.
7.1.19. All the information used to describe the products and/or services available on the site (static/dynamic images/multimedia presentations/etc.) do not represent a contractual obligation from The Dresser; such information shall be used exclusively for presentation purposes.
7.1.20. The surprise gift offers 10% discount of the next purchase on the website https://www.thedresser.ro/ by using the promotion code received via email. Get 10% off your next order, by subscribing to the newsletters received from firstname.lastname@example.org or by adding a comment about one article published on Blog.
The surprise gift is non-transferable and there is no cash alternative; can be used in conjunction with other offers, but not with other voucher on the same order, as long as the discount does not exceed 50% of the product value (full price of a product displayed on the site). The voucher gift is valid only once and for any product or amount of your purchase.
In describing the products and/or services, The Dresser reserves the right to use other products as well (accessories / etc.) which may not be included in the costs of the respective products.
7.2. Online orders
7.2.1. The Customer may order products traded at a certain moment, exclusively on the site, by adding the desired product (s) in the shopping cart, after which he/she must complete the payment through one of the expressly indicated methods. Once added to the shopping cart, a product is available for purchasing to the extent there is a positive stock. Adding a product in the shopping cart when the order is not completed does not lead to the automatic reservation of such product.
7.2.2. By completing the order, the Customer agrees that all the data provided by him/her, necessary in the purchasing process, are correct, complete and true upon placement of the order, herein also referred to as the issued order.
7.2.3. By completing the order, the Customer agrees that The Dresser may contact him/her by any available/agreed means stipulated in the Document, in any situation in which contacting the Customer is needed.
7.2.4. The Dresser may unilaterally cancel the order placed by the Customer, after sending a previous notification to the Customer, without any subsequent obligation of a party to the other and without any party being allowed to claim damages, in the following cases:
22.214.171.124. refusal of the Customer’s bank to accept the transaction, in the case of online payment;
126.96.36.199. invalidation of the transaction by the card processor agreed by The Dresser, in case of online payment;
188.8.131.52. the data provided by the Customer on the site are incomplete or incorrect;
184.108.40.206. the Customer’s activity on the site may and / or produces damages of any nature, or prejudices in any manner The Dresser and / or its partners;
220.127.116.11. two or more consecutive failed attempts to deliver the products.
18.104.22.168. in accordance with the provisions of art. 1665 par. (2) The Civil Code, the sale is cancellable when the price is so disproportionate to the value of the good that it‘s obviously the parties didn’t want to consent to to close the sale. It is also possible to invoke the provisions of Government Ordinance no. 99/2000 regarding the selling of market products and services, which do not permit selling at a loss, in the sense of sale at a price equal to or lower than the acquisition cost.
7.2.5. In case the Customer requests withdrawal from the Contract within the legal term for withdrawal, he/she must also return the possible gifts that accompanied the respective product. In case the Order is paid, The Dresser shall reimburse the amount in maximum 14 (fourteen) days since the date the Seller is informed by the Customer on the latter’s decision to withdraw from the Contract. The amount shall be returned in the IBAN account indicated in writing by the Customer.
7.2.6. The Customer is entitled to cancel or modify the content of an order paid by card or any other expressly indicated methods, in maximum 24 hours since the placement of the order. In this respect, the Customer shall send a request to cancel or modify the order to The Dresser team via e-mail at email@example.com.
7.2.7. The Seller may postpone the reimbursement of the amount until the reception of the sold products or until the reception of a proof that they have been dispatched, provided that The Dresser did not offer to collect the products itself (the most recent date shall be taken into account).
7.2.8. In case the Customer has changed his/ her order according to art. 7.2.6 and the counter value of his / her new order is lower than the counter value of the products / services initially ordered, The Dresser shall reimburse in the Customer’s account the amount representing the difference between the counter value of the initial order and the new order, in maximum 48 hours since the date The Dresser has become aware of this fact.
7.2.9. The details of products delivery, including but not limited to the time necessary to the delivery, shall not represent a contractual obligation for The Dresser, and not part shall be allowed to claim damages from the other, in case any of the parties may be or is prejudiced in any way as a result of violating the obligations.
7.2.10. In case a Customer modifies his / her personal data, using the forms available on the site, all the ongoing orders at that moment shall keep the data defined /accepted by the Customer after the moment of the change, and the newly modified data shall be taken into account for delivery and contact.
7.2.11. In case a product and / or service ordered by the Buyer cannot be delivered by the Seller, the latter shall inform the Customer on this fact and shall return in the Buyer’s account the counter value of the product and / or service, in maximum 7 (seven) days since the date the Seller has become aware of this fact or the date the Buyer has expressly communicated his / her intention to cancel the Contract.
7.3. Contractual documents
7.3.1. By registering an Order on the Site, the Buyer agrees with the form of communication (by phone or e-mail) which the Seller uses to carry on its commercial operations.
7.3.2. The notification received by the Buyer, after performing the Order, has an informative role and it does not represent the accepting of the Order. This notification is done electronically (by e-mail).
7.3.3. The Contract is considered performed by the Seller and by the Buyer when the Buyer receives from the Seller, by means of the electronic post and / or text message, a notification regarding the Order dispatching.
7.3.4. The Document and the information made available by the Seller on the Site shall be the base of the Contract, completed by the warranty certificate issued (where applicable) by the Seller or by a provider, for the purchased products.
7.3.5. The Dresser shall include in the parcel sent to the Customer, depending on the type of products, all the documents needed to ceritfy the purchase of the products / services by the Customer.
7.3.6. The Contract, completed by the documents attesting the delivery by The Dresser, of the contracted products to the Customer, becomes a performed Contract.
7.3.7. The property of the products shall be transferred upon delivery, after the Buyer’s payment is effected, such transfer taking effect at the location indicated in the Order (the delivery meaning the signing for reception of the transportation document provided by the courier or the signing for reception on the fiscal invoice, in the case of deliveries performed by the Seller’s staff).
7.4.1. The delivery to the Customer of the products / services purchased is performed by means of a courier services. The company providing courier services processes the personal data of The Dresser‘s Customer, exclusively for the transportation of the products purchased by the Customer from the company website, and only in strict observance of this document, “The Dresser‘s Terms and Conditions”. Also, the third parties who are partners of the courier services, mandated for the fulfilment of the transportation services, which are processing the personal data of The Dresser‘s Customers, must observe the terms and conditions stipulated by the law on the safety of processing personal data and the present document, “The Dresser‘s Terms and Conditions”. In this sense, the courier firm may contact The Dresser‘s Customers by any means of communication (e-mail, telephone, text message), within the limitations and purpose set forth in this article.
7.4.2. The deliveries shall be performed within the deadlines stipulated by the courier firm with which The Dresser has concluded a collaboration contract. In case the product is delivered with a delay, The Dresser shall inform the Customer by E-mail, and the provisions of art. 7.5.3 shall be applied, in which case the Customer may cancel the order in writing and, in case the payment was performed before delivery, the amounts paid shall be reimbursed integrally according to the law, in 14 calendar days since the cancellation.
7.4.3. The Seller shall perform the delivery of the products and services only on Romanian territory.
7.5. The product warranty and quality
7.5.1. Each product sold by The Dresser has a warranty period mentioned in the product warranty certificate, represented by the purchase invoice, which shall ensure all the rights guaranteed by the law (Law 449/2003, G.O. 21/1992, republished). Please, for further complaints, keep the invoice which accompanies the delivery. Clear details about the specific features of each product are provided on the product presentation page.
According to art. 11 of Law 449/2003, each Customer may request, for lack of conformity, the repair or replacement of the product, if in stock, or the return of its counter value.
7.5.2. In case The Dresser cannot fulfil the contract because of product unavailability, it shall inform the Customer of such unavailability as at the date The Dresser becomes aware of such case. If the product has already been paid by the Customer, the amounts paid shall be reimbursed by The Dresser in maximum 14 (fourteen) calendar days, according to art. 11 para. of Law 130/2000 on the execution of distance contracts.
7.5.3. In case of a delay in the delivery term indicated in art. 7.4.2, The Dresser shall inform the Customer by e-mail and shall agree with the latter as to the extension of the delivery term, with a period which shall not exceed the delivery term originally stipulated. If, within the newly agreed period, the product is not available for delivery, the Customer may request termination of the distance contract and cancellation of the order. As from the date of notification, the Customer has 3 business days to express his / her option regarding the ordered product. Lack of an answer from the Customer within the specified period shall be considered to be a tacit acceptance of the extension of the delivery period. In all cases in which the Customer expresses the written option of terminating the contract and cancelling the order, if the product has already been paid, The Dresser shall return the amounts paid in accordance with art. 7.5.2.
Any remedy may not exceed 15 (fifteen) calendar days from the date on which the Consumer brought the lack of conformity to the attention of The Dresser. Damage to the products such as: scratches, stains or ruptures which were not notified to The Dresser when the product was received by the Consumer, for warranty purposes, shall not be covered by the warranty. Unauthorized interventions on the product, non-observance of maintenance and cleaning instructions, and its use in circumstances other than those for which it was designed, shall lead to the cancellation of the warranty.
The composition, care instructions and the pictograms containing cleaning and maintenance instructions for your product can be found either on the inside label or the cardboard label attached to it, or in the description of the products on the dedicated page at www.thedresser.ro. These are specific instructions for your product and you must refer to and observe them for warranty reasons. Please, refer to the pictogram specifications in order to identify the maintenance / cleaning methods which are specific to each type of product.
The Dresser cannot be held responsible in any way, and the warranty is not applicable in case of flaws caused by various causes, such as:
repair or alteration by unauthorized persons;
a cleaning / washing / maintenance process which does not comply with the product specific instructions indicated above;
discoloration as a result of exposure to sunlight or other strong heat sources;
product storage or use in humidity conditions;
use in improper, incorrect conditions by the consumer, other than those for which the product was designed;
the usual wear and tear of the product.
Use and Maintenance Instructions for Clothes:
The clothes must be washed or cleaned as instructed on the inside label. Only detergents that comply with the quality standards required by EU legislation on the safety of these products shall be used for washing the product. Do not use industrial cleaning products for washing or cleaning, as they can irreversibly damage the quality of the material. Please, observe the temperature recommendations on the label. Do not dry the product by placing it directly on heat sources (electric radiators, stoves, etc.). Protect the product from objects which could cause ruptures, grains, scratches, burns, perforations or any other physical actions which may cause damages. The Dresser does not assume liability for damages caused by third parties such as the companies providing professional cleaning services.
Use and Maintenance Instructions for Leather Accessories and Clothing:
Leather clothes and accessories can be cleaned with a soft, wet cloth, without using detergents, bleaches or any other chemicals. Do not wash these products in the washing machine. If the article is wet, wipe it with a soft cloth and let it dry at room temperature, without having direct contact with heat sources (electric radiators, driers, etc.). Protect the leather product from objects which may cause scratches, burns, perforations or any physical actions which can damage it.
Use and Maintenance Instructions for Bags and Pouches:
The bags sold by our company are manufactured as and considered fashion accessories and are not meant to be used as luggage bags. The maximum allowable weight for pouches is 1 kg and 3 kg for bags. Excessive filling of bags and pouches and exceeding the maximum admissible weight leads to their damage and, implicitly, to the loss of warranty. For prolonged use under the best conditions, follow the maintenance instructions on the inside label of the product. The warranty shall be granted after the damages / flaws are inspected. For this purpose, it is necessary to return the product in accordance with the Terms and Conditions, along with the invoice issued for it.
Do not remove the labels from the product! Absence of the labels leads to invalidation of the warranty. The name, model, product code, date of purchase, price and address are found on the accompanying invoice. The original invoice must be returned with the product in order to settle the complaints.
MAINTENANCE INSTRUCTIONS SYMBOLS FOR CLOTHING
7.6. Returnarea produselor
7.6.1. The Customer may return the products purchased by means of a Contract, in the following situations:
– 22.214.171.124. The packages are severely damaged;
– 126.96.36.199. The products were delivered / invoiced incorrectly;
– 188.8.131.52. The products have manufacturing flaws;
– 184.108.40.206 The products arrived in other sizes than the ones ordered by the Customer;
– 220.127.116.11. “The consumer has the right to notify the seller, in writing, about his/her desire to cancel the purchase, without penalties and without invoking a reason, within 14 calendar days since the reception of the product.” Also, according to art. 7 para. 7 para. 1 of G.O. 130/2000, the Customer has the right to unilaterally terminate the distance contract, in 14 calendar days since the reception of the product (s), without penalties and without invoking a reason. In this case, the direct expenses for returning the products, according to the law, shall be the Customer’s responsibility.
7.6.2. The Customer undertakes to notify The Dresser about his / her intention to return the purchased products by any means of written communication (e-mail/fax/etc.) in maximum 14 calendar days since the reception of the products and / or services.
7.6.3. The Customer who notified The Dresser according to art. 7.6.2, must make sure that the products he / she referred to are returned in maximum 14 calendar days; otherwise, The Dresser, considering the request ungrounded / invalid, may refuse the return.
7.6.4. The Customer shall not be able to return the purchased products and / or shall not claim any damages / indemnities, in the following situations:
18.104.22.168. In case of replacement of the purchased product with another product with other specifications or of a different type, except for the case stipulated in art. 22.214.171.124.
126.96.36.199. In case the return request for any of the situations set forth in art. 7.6.1, has the sending date after the period of 14 calendar days set forth in art. 7.6.2, calculated from the business day following the date of contract execution.
188.8.131.52. In case a product is returned for any reason set forth in art. 7.6.1 and the returned product is not in the same condition in which it was delivered, (in the original package, with all the labels intact and all the accompanying documents).
184.108.40.206. According to G.O. 130/2000 (art. 10 letter c) The Dresser reserves the right not to accept the return of the products which, by nature, cannot be returned or which can be rapidly degraded or deteriorated, such as underwear products, bathing suits and / or cosmetic products. The Customer shall be informed, on the page of each product, if that specific product is returnable or not. The products which are part of a kit must be returned as a kit. The shoes must not be used and they must be returned in the original undamaged package. Shoe boxes are considered a part of the product. Sunglasses must be intact upon return.
7.6.5. In case the counter value of the product is reimbursed, it shall be done in at most 14 calendar days since the confirmation of the return.
7.6.6. If the product was replaced with another one with the newly ordered size, according to 220.127.116.11, the replacement shall be done under the terms and limitations of a normal order.
7.6.7. In case the Customer has returned a product according to the provisions of art. 18.104.22.168, and The Dresser does not have an adequate product for replacement, the latter shall offer the customer the counter value of the product according to art. 7.6.5.
7.6.8. The counter value of the additional services including, but not limited to the transportation of the products, paid by the customer, shall not be reimbursed.
7.6.9. In all the cases, the expenses incurred for returning / re-dispatching shall be paid by the customer, except for the situations presented under art. 22.214.171.124; 126.96.36.199; 188.8.131.52, as well as in case of lack of conformity under 7.6.1., in which case The Dresser shall pay the counter value of transportation. Also, in case of delivering unordered product (s), according to chap. 7, the return expenses shall be the responsibility of The Dresser.
7.7. Products / services for which the right of withdrawal is not granted
7.7. The following are exempt from the right to withdraw from the Contract:
7.7.1. Service contracts, after full provision of the service, if execution has begun with the express prior consent of the Buyer and after the latter confirmed that it is aware of losing its right to withdraw after the Seller has fully executed the Contract;
7.7.2. The provision of products and / or services whose price depends on fluctuations on the financial market which the Seller can not control and which may occur during the withdrawal period;
7.7.3. The provision of products made to the specifications requested by the Buyer or clearly personalized;
7.7.4. The provision of products which are likely to deteriorate or expire quickly;
7.7.5. The provision of sealed products which cannot be returned for health or hygiene reasons and which have been unsealed by the Buyer;
7.7.6. The supply of products which, after delivery, are, by their nature, inseparably mixed with other items;
7.7.7. The provision of newspapers, periodicals and magazines, at the exception of subscription contracts for the provision of such publications;
7.7.8. The provision of digital content which is not delivered on a material support, if the performance has begun with the express prior consent of the Buyer and after the latter has confirmed that it has become aware of losing its right to withdraw.
8.1. The Dresser does not request from its Customers or Users, by any means of communication, (e-mail / by phone / text message, etc.) information referring to confidential data, accounts / bank cards or personal passwords.
8.2. The Customer assumes the whole responsibility for disclosure of its confidential data towards any third party.
8.3. The Dresser denies any responsibility in case a Customer would be / is prejudiced, in any way, by a third party claiming that it is /represents The Dresser‘s interests.
8.4. The Customer shall inform The Dresser on such attempts, using the contact information.
8.5. The Dresser is not in favour of SPAM. Any customer who has provided his/her explicit e-mail address on the site may choose the deactivation of his/her customer account associated to this e-mail, under the terms of art. 5.3. herein.
8.6. The communications sent by The Dresser by electronic means for distance communication (i.e. e-mail) contain the sender’s complete and accurate identification data or links to such data, as at the date of sending the content.
8.7. The following goals, once attained, shall be considered an attempt to commit a fraud in relation to the Site / its Content and / or The Dresser, the latter being entitled to proceed with the criminal prosecution against the one (s) who tried to, or reached the following goal (s):
• 8.7.1. accessing the Customer’s data of any kind, by using an account or by any other method.
• 8.7.2. altering or changing the Site content or any correspondence sent by any method by The Dresser to the Customer.
• 8.7.3. affecting the performances of the server (s) on which the site functions
• 8.7.4. accessing or disclosing to any third party which does not have the necessary legal authority, the content sent by any means by The Dresser to the Customer, when the recipient is not the intended recipient of the content.
9. Limitation of liability
9.1. The Dresser may not be held responsible in any way towards any Customer who uses the Site or the Content, other than within the limitation of the articles included in the Terms and Conditions.
9.2. In case a Customer considers that any Content sent by any means by The Dresser violates the copyright or any other rights, it may contact The Dresser, according to the contact details, in such a way that The Dresser should make an informed decision.
9.3. The Dresser does not guarantee the Customer’s access to the site or to the service, in the absence of the latter’s registration by following the registration steps on the site, and it does not give him / her the right to download or partially and / or completely change the content, partially or completely reproduce the content, copy or use any content in any other manner, or transfer to any third party any content on which it has and / or obtained access based on a user agreement, without the prior written consent of The Dresser.
9.4. The Dresser is not responsible for the content, quality or nature of other sites which can be accessed through links from the content, regardless of the nature of these links. The responsibility for the respective sites fully rests with the owners thereof.
9.5. The Dresser is relieved of any guilt in case the sites and / or the content sent to the Customer by any means (electronic, telephone, etc.), through the sites and The Dresser e-mail, is used inappropriately, in such a way that the using causes damages of any kind to the Customer and / or to any third party involved in this Content transfer.
9.6. The Dresser does not offer any direct or indirect guarantees, that:
• 9.6.1. The service will be in accordance with the customer’s requirements;
• 9.6.2. The service will be uninterrupted, secure or free of errors of any kind;
• 9.6.3. The products / services obtained free of charge or by payment, through the service, meet the customer’s requirements or expectations.
9.7. Subject to the Terms and Conditions, the operators, site administrators and / or owners are not responsible in any way for their relations or consequences resulting from, but not limited to, purchases, special offers, discounts, promotions or any other type of relationship / link / transaction / collaboration / etc. which may occur between the Customer and any of those who promote themselves directly or indirectly through the site.
9.8. Promotional materials (including, but not limited to, campaign banners) used to present certain articles on the site and / or on the company’s Facebook page, Instagram or other social media platforms are exclusively promoting the brands, and the use of banners shall not be interpreted as an obligation for The Dresser to actually hold a stock, for trade purposes, with the products which are displayed or may be displayed on its site. Thus, only the products presented on the site, indicating the sales price and their characteristics, serve the commercial purposes of the company (are available for sale).
10. Force majeure and unforeseeable circumstances
10.1. Except as otherwise expressly provided, none of the parties to a concluded contract, which is still in progress, shall be liable for not properly and / or timely performing, in whole or in part, of any obligation incumbent on it, if the non-execution of that obligation was caused by a force majeure event. Force majeure is the unpredictable event beyond the control of the parties, an event which cannot be avoided.
10.2. The Party or the legal representative of the party invoking the above mentioned event shall notify the other party immediately and completely on the event occurrence and shall take any measures available to it in order to limit the consequences of that event.
10.3. The party or legal representative of the party invoking the above event is relieved of this obligation only if the event prevents it from carrying it out.
10.4. If, within 15 days its occurrence, that event does not cease, each party shall have the right to notify the other party on the termination of this contract, without any of the party being allowed to claim damages from the other.
10.5. The party invoking the force majeure event must prove the impossibility of performing the obligations within 30 days from the date of the event, but within the limitations of art. 10.3.
11.1. By using / visiting / visualising / etc., the sites and / or any content sent by The Dresser to the Customer by access and / or dispatch by any means (electronic, telephone, etc.), the latter agrees at least to the “Terms and Conditions”.
11.2. Any dispute referring to these Terms and Conditions which may arise between the Customer and The Dresser shall be settled amicably, while the parties shall make all reasonable efforts to do so, or can be settled through the online dispute settlement platform SOL.
11.3. Any dispute, of any kind, which may arise between the Customer and The Dresser or its partners, shall be settled amicably. If this is not possible, the conflict shall be settled by the competent court in Bucharest, in accordance with the Romanian laws in force.
11.4. If any of the above clauses is found to be null or void, irrespective of the cause, this clause will not affect the validity of the other clauses.
11.5. This document has been drafted and shall be construed in accordance with the Romanian law.
12. Final provisions
12.1. The Dresser reserves the right to make any changes to these provisions, as well as any changes to the site / its structure / service, as well as to any content, without a prior notice to the Customer.
12.2. Subject to the provisions of the Terms and Conditions, The Dresser shall not be held responsible for any errors occurring on the site for any reason, including any modifications, settings, etc. which are not performed by the site administrator.
12.3. The Dresser reserves the right to include advertising banners of any nature and / or links on any page of the site, in compliance with the applicable laws.
13. Adding frequently asked questions
13.1. The writing of Comments, Questions and Answers can be done by the Users / Customers in the “Customer Questions and Answers” sections, and they can be both positive and negative on the characteristics of a product or service.
13.2. Upon posting a specific Comment / Question / Answer on the Site, the Users / Customers grant the Seller a non-exclusive, perpetual, irrevocable and territorially unlimited license and entitle the Seller to use, reproduce, modify, adapt, publish, translate and distribute this content.
13.3. Each User / Customer, when submitting a Comment / Question / Answer in the above mentioned sections, undertakes to observe the following rules:
– refer only to the features and / or manner of using a particular product or service, avoiding information on issues which may change (promotional price or offers) or information on how the Order is made;
– to use only the Romanian language. Words or phrases which, although not considered Romanian, are widely used in all environments related to that field (e.g. cardigan, gloss, jeans);
– use an appropriate, non-offensive language without terms which may offend or affect any other User / Customer;
– make sure that the pieces of information entered by them are realistic, correct, non-deceiving and in accordance with the applicable laws, observing the rights of other parties, the copyright, trademark, license or other proprietary or advertising rights and privacy;
– use this feature only to communicate or obtain additional details of a particular product or service on the Site, without reference to other companies promoting the sale and purchase of products or services;
– not provide or request in any way personal data (contact details, address of delivery or home address, telephone numbers, email addresses, name and / or surname, etc.), or any other information which may cause disclosure of such personal data;
– not post information and / or details about URLs (links) from other commercial sites that have the same commercial activity as the Seller;
– not try to commit a fraud with regards to the services provided by the Seller or to enter Comments / Questions / Answers containing advertising materials;
– not use the Comment / Question / Answer as a means of communication with the Seller; in this regard, the Seller’s contact details given on the Site shall be used.
13.4. When a Comment / Question or Answer is reported by a User / Customer as having inappropriate content, from a strictly subjective perspective, this content shall be carefully examined by the Seller, to determine whether it violates the Site Terms and Conditions. Texts, photos, or videos entered are removed from the Site only after they have been reviewed by the Seller.
13.5. If the Seller finds that the Terms and Conditions have been repeatedly infringed, the Seller reserves the right to suspend the User / Customer’s ability to enter Comments / Questions or Answers in the “Customer Questions and Answers” sections.
13.6. In case there are questions or suggestions in relation to The Dresser, please contact us at 0730 737 737, from Monday to Friday, between 9.00am-17.00pm or by email at: firstname.lastname@example.org