TERMS AND CONDITIONS
Because we want your experience with Meloni to be enjoyable and simple, we use our "Terms and Conditions" as a tool to guide our activity in relation to the sales process on www.melonicare.com.
Table of contents
- Definitions
- Contract documents
- Object of Contract
- Website content
- Online sales policy
- Assignment and subcontracting
- Intellectual property rights
- Orders
- Return policy
- Discounts
- Privacy
- Commercial communications
- Invoicing and payment
- Methods of payment
- Delivery of products
- Guarantees
- Transfer of ownership
- Liability
- Seller’s rights and obligations
- Writing reviews
- Processing of personal data
- Use of Cookies
- Force Majeure
- Governing law
- Information on WEEE
- Other provisions
1. Definitions
Throughout this document, the following terms shall, unless the context otherwise requires, have the meanings specified below:
Meloni - is the trade name of MELONI BEAUTY S.R.L., a legal entity of Romanian nationality, having its registered office in Prelungirea Ghencea, 65, Bragadiru, jud. Ilfov, registered with the Ilfov Trade Register under no. J23/3724/2020, Sole Registration Code 42957969;
Seller - Meloni, listed in the introductory part of the invoice under the heading Provider;
Website - the online shop hosted at the web address melonicare.com, through which the User has access to information on the services and products offered/insured by the Seller;
Buyer - an individual or any legal entity that registers an account on the Website and places an Order and is listed in the introductory part of the invoice under the heading Customer (or their authorised representative);
Customer - an individual or legal entity who has or obtains access to the Content, by any means of communication made available by Meloni (electronic, telephone, etc.) or under a user agreement existing between Meloni and the latter and requiring the creation and use of an Account;
User – a natural person or legal person registered on the Website, who, by completing the Account creation process, has agreed to the Website-specific clauses in the Terms and Conditions section;
Account - the section of the Website consisting of an e-mail address and a password that allows the Buyer to submit the Order and contains information about the Customer/Buyer and the Buyer's history on the Website (orders, tax invoices, product warranties, etc.). The User is responsible for ensuring that all information entered when creating the Account is correct, complete and up-to-date;
My Cart - section of the Account that allows the Buyer/User to add Products or Services they wish to purchase at the time of addition or at a later time;
Products and Services - any product or service, including the documents and services mentioned in the Order, to be supplied/provided by the Seller to the Buyer and represented by glass or natural stone massage accessories and/or cosmetic coolers corresponding to the description in the manufacturers' catalogues and documentation, the characteristics of which have been agreed by the Buyer and included in the Order/Invoice;
Order - an electronic document that occurs as a form of communication between the Seller and the Buyer whereby the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive those Goods and Services and to make a payment for them;
Campaign - the act of displaying for commercial purposes a finite number of Products and/or Services with a limited and predefined stock for a period of time set by the Seller;
Distance sales agreement - any agreement concluded between the seller and the buyer without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication, up to and including the moment the agreement is concluded, under which the seller undertakes to transfer ownership of the goods to the buyer and the buyer undertakes to pay the price of the goods (GO 34/2014). The moment the agreement is concluded is represented by the confirmation of the stock availability, the acceptance by the Seller of the order placed by the buyer and implicitly the issuing of the fiscal invoice. The automatic issue of the order confirmation does NOT mean the conclusion of the agreement between the Seller and the Buyer.
Content –
• all information on the Website that can be visited, viewed or otherwise accessed using electronic equipment
• the content of any e-mail sent to the Buyers by the Seller by electronic means and/or any other available means of communication;
• any information communicated to the Buyer by any means whatsoever by an employee/collaborator of the Seller, whether or not in accordance with the contact information specified by the Seller;
• information related to the Products and/or Services and/or the rates charged by the Seller in a given period;
• information relating to the Products and/or Services and/or the rates charged by a third party with which the Seller has concluded partnership agreements in a given period;
• data relating to the Seller, or other privileged data of the Seller;
Intellectual Property Rights - all material rights such as know-how, copyright and rights in kind, database rights, design rights, design rights, patents, trademarks and domain name registrations for any of the above;
Review - a written evaluation by the owner or recipient of a product or service, written on the basis of personal experience and ability to make qualitative comments and to say whether or not the product or service meets the specifications stated by the manufacturer.
Document - these Terms and Conditions;
Newsletter - means of regular information, exclusively electronic, namely electronic mail (e-mail, SMS) on Products and Services and/or promotions carried out by the Seller during a given period, without any commitment on the part of the Seller with reference to the information contained therein;
Transaction - the collection or reimbursement of an amount in lei resulting from the sale of a Product and/or Service by Meloni to the Buyer, using the services of the card processor agreed by the Seller, regardless of the delivery method;
Green stamp duty - the amount expressed in lei, paid by the Seller to the authorized company in charge of the collection, transport and recovery/recycling of waste electrical and electronic equipment, as provided for by the legislation in force.
Specifications - all specifications and/or descriptions of the Products and Services as specified in the Order.
Consumer rights are provided for in the Law no. 449/2003 of 12.11.2003 on the sale of products and associated warranties, published in the Official Gazette, Part I no.812 of 18.11.2003, in particular in articles 9-14 and are not affected by these Terms and Conditions.
2. Contract documents
2.1. By placing an order electronically, by phone, chat or directly in physical stores, the Buyer agrees to the form of communication (phone, chat or e-mail) by which the Seller carries out its operations.
2.2. The order is composed as follows:
2.2.1. The order (together with clear indications of delivery and invoicing dates) and its specific conditions;
2.2.2. Buyer's Specifications (where applicable);
2.3. The Seller shall inform the Buyer, by separate messages, of the registration (taking over) of the Order and the confirmation of the Order. Registration of an Order online by the Seller, telephone discussions or other means of communication DO NOT represent a firm validation and confirmation of the Order and, consequently, DO NOT hold for the conclusion of the distance contract.
2.4. If the Seller explicitly confirms the Order, this will imply the Buyer's full acceptance of the Terms and Conditions of the Order. Acceptance of the Order by the Seller shall be deemed completed when there is a verbal or electronic confirmation from the Seller to the Buyer, without requiring an acknowledgement of receipt from the latter. The Order shall be deemed valid only after the Seller has confirmed the availability of stock, the price and the characteristics of the products and services requested by the Buyer. In the absence of express confirmation by the Seller, these General Terms and Conditions of Sale shall underlie the Contract concluded, supplemented by the Warranty Certificate issued by the Seller and the tax documents.
2.5. This Contract shall come into force upon confirmation of the Order by the Seller. Confirmation shall be made by phone, electronically or verbally. The General Terms and Conditions of Sale shall underlie the Contract so concluded, supplemented by the Warranty Certificate issued by the Seller or a provider of the Seller.
2.6. For justified reasons, the Seller reserves the right to change the quantity of the Products and/or Services in the Order. If it changes the quantity of Products and/or Services in the Order, it shall notify the Buyer at the e-mail address or phone number made available to the Seller at the time of placing the Order and refund the amount paid.
2.7. The contract shall be deemed concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, via e-mail and/or SMS, of the notification of dispatch of the Order.
3. Object of the contract
3.1. The sale of the Products / provision of the Services, in accordance with the stock availability, price and characteristics mentioned in the confirmation sent by the Seller to validate the order by which the Buyer expressed his/her intention to purchase.
4. Website Content
4.1. The information presented on www.melonicare. com is the property of MELONI BEAUTY S.R.L. The information provided on this Website is in English, without excluding its presentation in other languages, and is of general interest about the Seller, the Products marketed by it and its partners, as well as other information considered by the Seller to be of interest to Customers / Buyers.
4.2. The Seller is the owner of all intellectual property rights in the Website, namely in its design and content as well as in all Trademarks registered in its own name and published on the Website. All content of the Website is protected in accordance with the Copyright Act no. 8/1996.
4.3. The User undertakes to respect all intellectual property rights of the Seller, as provided for by governing law.
4.4. The Seller reserves the right to amend at any time both the content and the structure of the Website and may make, at any time and without notice, improvements or changes to the products, services or technologies described on this Website and in the same manner. This information may be changed from time to time and the changes may be incorporated in subsequent versions. Also, for reasons of space and consistency of information structure, product descriptions may be incomplete, but the seller endeavours to present the most relevant information so that the product is used in the parameters for which it was purchased. Product images are also informative and there may be differences between them and the product. Due to the large amount of information and the conditions imposed by providers, the characteristics and availability of the products presented on this Website may change without prior notice.
4.5. The information on this Website may contain inaccuracies. There may also be errors of a technical nature or content, relating to technical specifications, prices, stocks or availability of products, which may occur for example with orders placed between the seller's working hours. We do our best to ensure the accuracy of the information on the website, which is why, in order to ensure the certainty of the information, all orders will go through a prior confirmation process before being delivered to the buyer.
5. Online sales policy
5.1. Communication with the Seller may be made through direct interaction with the Seller or through the addresses mentioned in the "Contact" section of the Website. The Seller is free to handle the information received without having to justify it.
5.2. The Seller may publish on the Website information about Products and/or Services and/or promotions offered by the Seller or by any other third party with which the Seller has concluded partnership agreements, within a certain period of time and subject to availability.
5.3. All prices for Products and/or Services presented on the Website are expressed in euro (EUR) and include 19% VAT.
5.4. Under the conditions provided by law, the price of the Electronic Products displayed on the Website includes the Green Stamp Duty. If the User/Buyer requests details of the exact amount added to the price of the Product, he/she shall contact the Seller via the addresses mentioned in the "Contact" section of the Website.
5.5. In case of online payments, the Seller is/cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the Buyer's card issuing bank, if the currency of issue of the card differs from EUR. The Buyer is solely responsible for this action.
5.6. Any information used to describe the Products and/or Services available on the Website (static/dynamic images/multimedia presentations/etc.) does not represent a contractual obligation on the part of the Seller and is used solely for presentation purposes.
5.7. The information provided to the Seller is used only for the purpose for which it was entered (placing orders), in accordance with the laws in force. The Seller shall not provide your e-mail address to third parties, does not encourage spam and shall not make public data provided by its customers without their explicit consent. Any user has the possibility to delete the e-mail address they provided from the database.
5.8. The price, payment method and payment term are specified in the order. The Seller shall issue to the Buyer an invoice for the Products and Services delivered, and the Buyer undertakes to provide all the information required to issue the invoice in accordance with the legislation in force.
5.9. Products sold through the Website are new, sold in their own packaging or resealed (in this case the reason for the resealing is clearly stated), and are accompanied by a tax invoice and a warranty certificate at the time of delivery.
6. Assignment and subcontracting
6.1. The Seller may assign and/or sub-contract to a third party for services related to the fulfilment of the Order, with the Buyer's prior notice and without the Buyer's consent. The Seller shall at all times be liable to the Buyer for all contractual obligations (choice of delivery company).
7. Intellectual property rights
7.1. The content of the Seller's Website including, but not limited to, graphics, names, trademarks (such as, for example: Website and company name, symbols, images, texts, multimedia files) are the property of Meloni and may not be taken and/or used without the prior written consent of the owner.
7.2. This Website is an intellectual creation in accordance with the provisions of Law no. 8/1996 on copyright and related rights, as amended and supplemented, and as such, the Seller, as the author of this original creation, enjoys the protection and rights provided by law. Any use of the content (in whole or in part) for purposes other than personal interest is punishable under copyright law.
7.3. The Website gives the User limited access to the Website for personal use and does not give the User the right to modify the Website in whole or in part, reproduce the Website in whole or in part, copy, sell/resell or otherwise exploit the Website for commercial purposes or contrary to the interests of the Website without the written consent of the Website owner. Modification or use of the materials on this Website for purposes other than informational purposes, namely use as a Customer, is strictly prohibited.
7.4. If the Seller grants the User/Customer the right to use the content of the Website in a certain way, the User/Customer shall use it only for the purpose for which it was defined and for the period defined in the agreement.
7.5. Meloni is the owner of the rights attached to trademarks, company names, trade names, brands and other intellectual property rights, the existence and validity of which is expressly acknowledged by all users. No other mention is made of rights regarding other trademarks, company names, trade names or firms, whether registered or not, and which may be attached to certain terms or marks on this Website. However, the absence of any such mention shall in no way imply that such trademarks, company names, trade names, firms, terms or marks are not protected.
7.6. All users of this Website expressly acknowledge and agree that any product, service or technology described in these documents may be subject to other intellectual property rights for the benefit of the Seller or a third party. No right to use such intellectual property rights is granted herein.
8. Orders
8.1. The customer selects the Products, then clicks the "Add to Cart" button. In the "My Cart", the Customer can browse the list of products, change the quantities and confirm the purchase intention by clicking on the "Checkout" button, making payment by one of the methods indicated. Once added to the shopping cart, a Product and/or Service is available for purchase as long as there is in stock. Online orders will be fulfilled in the chronological order in which they were registered by the system. An Order containing a Product with the status: In Stock, cannot be fulfilled if another Order has been registered for the same Product before it in chronological order and subsequently confirmed, thus depleting the stock. The addition of a Product/Service to the shopping cart, in the absence of the completion of the Order, does not entail the registration of an Order, nor the automatic reservation of the Product/Service.
8.2. The products sold by the Seller can only be delivered on the basis of an Online Order or directly from the premises.
8.3. By completing the Order, the Buyer agrees that all data provided by the Buyer necessary for the purchase process is correct, complete and true at the time of placing the Order.
8.4. By completing the Order, the Buyer consents that the Seller may contact the Buyer, by any available means agreed by the Seller, in any situation where it is necessary to contact the Buyer.
8.5. After completion of the Order, the Customer will receive a written confirmation from the Seller regarding the availability, price and characteristics of the products and services ordered.
8.6. The Seller reserves the right to unilaterally terminate the Contract and may cancel the Order placed by the Buyer, upon prior notice to the Buyer, without this being considered a breach of the Contract, without any subsequent obligation of either party towards the other or without either party being able to claim damages from the other in the following cases:
• rejection by the issuing bank of the card or transaction in the case of online payment;
• invalidation of the transaction by the card processor approved by the Seller, in case of online payment;
• the data provided by the Client/Buyer on the Website are incomplete and/or incorrect;
• the Buyer's postponement of the agreed delivery date;
8.7. If the Seller is unable to perform the Contract because the Product is no longer available or cannot be delivered by the Seller, the Seller shall inform the Buyer of this unavailability and the sums paid by the Buyer for the unavailable product or service shall be refunded within a maximum of 30 days from the date on which the Seller becomes aware of this fact or from the date on which the Buyer expressly states its intention to terminate the Contract. Delivery times are displayed on the Website for each product and vary depending on the product.
8.8. The availability of a Product will be displayed on the Website as follows:
• "in stock" - more than 3 pieces in stock
• "limited stock" - less than 3 pieces in stock
• "sold out" - The product is no longer available in Meloni stock
• "currently unavailable" - we are currently unable to sell the Product because it is not in the provider’s stock.
• "on order" - The product is not available in Meloni's stock, but if you place an Order for a Product that has "on order" next to it, we will contact you to let you know the availability of the Product.
• "pre-order" - the Product is not available in Meloni's stock or in the provider's stock, but if you place an Order for a Product that has "pre-order" next to it, we will contact you to let you know the availability of the Product.
9. Return policy
9.1. The Buyer has the right to withdraw from the Contract, namely to return a Product or to cancel a Service, within 14 calendar days, without claiming any reason and without incurring any costs other than delivery costs. Thus, according to GEO 34/2014, the period for returning a Product or cancelling a Service expires within 14 days from:
• the day on which the Buyer takes physical possession of the last Product - if the Buyer places a single order for multiple Products to be delivered separately.
• the day on which the Buyer takes physical possession of the last Product or part - in the case of delivery of a Product consisting of several lots or parts.
9.2. In case of enforcing the legal right to return the product, the refund will be made within a maximum of 14 days from the date of notification of the return decision, to the bank account provided by the customer in the return form. Thus, the refund will only be made to the account received by written confirmation from the Buyer.
9.3. The amount will be returned as follows:
9.3.1. for Orders paid by bank card -> by refund to the bank account specified in the return form.
9.3.2. for Orders paid cash on delivery/cash in showroom -> by returning the cash in showroom or by returning the product value to the bank account specified in the return form.
9.4. If the Buyer decides to withdraw from the Contract, the Buyer must complete in writing the Return Form which can be found on the Website under the Order Details section of the Customer Account (My Account). Once the request has been processed, the Buyer will be contacted by phone for the rest of the details and will then receive confirmation of the Return Request.
9.5. The return form must be completed no later than the last calendar day of the return period listed on the product presentation page of the Website. The return period starts from the date of receipt of the product. Forms completed after this period are no longer valid.
9.6. The response time for return requests is 3 working days from the time of registration. The product requested for return will be collected from the address requested by the Customer.
9.7. The products must be returned in new condition and accompanied by all accessories, original documents (invoice, tax receipt, data sheet, user manual, warranty certificate), well packaged and protected during transport.
9.8. Products offered as gifts must also be returned in new condition. Otherwise, they will be invoiced at the price displayed on the Website and their value will be deducted from the difference to be refunded.
9.9. Please note: If you have bought several products of the same kind and wish to return them all, only one of the products can be unsealed, the rest of the products can only be accepted if they are sealed.
9.10. If the Customer/Buyer requests withdrawal from the Contract within the legal withdrawal period, he/she must also return any gifts that accompanied the product.
9.11. The Seller may postpone reimbursement until the Products sold have been received and inspected.
9.12. The Customer is informed that if the products to be returned show signs of wear, damage, stains, excessive use, nicks, scratches, hits, mechanical or, where applicable, electrical shocks, missing accessories, missing warranty certificates, and cannot be resold as a new product, a fee will be charged to cover the difference in price between a new product and a product already used. The Seller reserves the right to decide to accept the return or to withhold an amount from the value of the product, which will be communicated after the damage has been assessed.
Reduction in the value of Returned Products
9.13. Since, in the case of distance sales, the Buyer does not have the possibility to check the Products before the conclusion of the contract, he/she has the right to withdraw from the contract. For the same reason, the Buyer is allowed to test and check the Products he/she has purchased to the extent necessary in order to determine the nature, characteristics and functioning of the Products.
9.14. In order to establish the nature, characteristics and operation of the Products, the Buyer must handle and inspect them in the same manner as it would be permitted to do in an actual physical store. The Buyer shall only be liable for any diminution in the value of the Products resulting from handling it other than in the way necessary to determine the nature, qualities and functioning of the Products.
9.15. If the Buyer enforces the right of withdrawal after having used the Products to an extent that exceeds the limit necessary to determine their nature, characteristics and functioning, the Buyer shall be liable for any reduction in the value of the Products.
9.16. The accessories (user manuals, cables, brochures, certificates, etc.) contained in the box of the Product and its original packaging are an integral part of the Product. As a result, the Buyer undertakes, when enforcing his right of withdrawal from the contract, to return the Product in its original undamaged packaging, protected by wrapping it with stretch plastic wrap or packed in a cardboard box (without labels stuck on it, without cuts, tears, etc.) and together with all its accessories.
9.17. Returned products showing signs of wear and tear (stains, scratches, bends, cracks, hits, etc.) will be accepted only after they have been made compliant, involving the costs of sanitising, cosmetising, repairing, replacing any damaged parts and bringing them back to a commercial form for sale as a Reconditioned/ Resealed product. The final value is determined based on the value of the parts to be replaced and the labour for reconditioning or as the difference between the original value of the new product and the resale value of the used product.
9.18. Any reduction in the value of the Products resulting from their handling, in a manner other than that necessary to determine the nature, qualities and functioning of the Products, is the responsibility of the Buyer. For clarity, from the total price of the returned Product, the Seller shall deduct an amount representing the reduction in value of the Product in the proportion of maximum 30% of the original value of the Product, as the case may be. The value reduction will also be charged for products whose packaging has been damaged or destroyed. The amount of the reduction fee will be justified and communicated to the Buyer upon receipt of the returned Products.
9.19. The money will be returned within 14 days from the date of the return decision, to the bank account provided by the Client in the return form.
9.20. Because the product was part of a promotion, only by associating it with the other products, the discounts/bonuses offered in the original order are cancelled. The prices of the products retained by the Customer shall revert to the value prior to the application of the discount, obtained by association in the order with the product to be returned. The amount to be returned to the Customer shall be equal to the difference between the amount paid by the Customer and the original price of the retained products (without the discount applied for product accumulation).
Return of defective products
9.21. If you return a product within the 14-day period that you believe to be defective, it must be returned and you must opt for either a return or warranty claim. Once we receive the product, we will carry out an inspection and notify you of this.Complaints about appearance, colour, texture do not constitute a defect.
9.22. You are responsible for the integrity of the products during transport of the returned products. The consumer is responsible only for any reduction in the value of the products resulting from handling it, other than in the way necessary to determine the nature, characteristics and functioning of the products, in accordance with S.14 (3) of the Emergency Ordinance no. 34/2014.
*A report of finding is drawn up on receipt of the returned product and photographs are taken to prove the reduction in value (if applicable).
Recommendations on the packaging of products sent for warranty purposes
9.23 The products marketed on this Site are products that may be fragile and breakable which is why, when they are submitted for warranty, we recommend proper packaging so that they arrive intact and safely in the possession of the Seller. The buyer is not obliged to keep the original packaging during the warranty period, but we recommend the products to be wrapped and packaged in order to be avoid their displacement inside the packaging.
9.24. Always use packaging of a size appropriate to the size and weight of the products transported. The products must not move inside the box. There must be a space of 5-6 cm between the product and the walls of the box, which must be filled with either foil or polystyrene flakes to reduce the shock in the event of an impact. Fill the space with polystyrene flakes or newspaper.
If more than one product is transported in a single box, make sure they are well separated from each other by protective packaging such as cardboard collars, polystyrene, bubble wrap.
We recommend packaging these products either in shockproof envelopes or in cardboard boxes and protecting them additionally with bubble wrap and tape.
9.25. We recommend using the following types of packaging
- Pressed cardboard box, filled with polystyrene flakes and sealed with protective film
- Cardboard box + bubble wrap, for protection against scratches, shocks.
- Cardboard box with 3 or 5 layers + polystyrene flakes for filling empty spaces + bubble wrap for shock protection.
- Cardboard box filled with polystyrene boards/expanded foam and polystyrene flakes.
The shipment of products under warranty can be done through our partner courier companies, by requesting the pick-up of the product from the beneficiary or by other shipping methods. When handing over the parts under warranty to the courier company, please communicate us in writing, by email, the AWB number generated by the courier company, for processing it in the system.
10. Discounts
10.1. Discounts, rebates and promotions are not cumulative. The discount with the highest value shall be always retained.
10.2. We reserve the right to change discounts, rebates and promotions without prior notice.
11. Privacy
11.1. Meloni shall keep confidential information of any nature whatsoever that the Buyer provides. Disclosure of the information provided may only be made under the conditions set out in this Document.
11.2. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by the Buyer/Customer with respect to the Order/Contract without the prior written consent of the Seller.
11.3. By submitting information or materials through this Website, you grant to the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that Seller may freely use for its own purposes any such information, ideas, concepts, know-how or techniques that you submit to us through the Website. Meloni shall not be subject to any obligations regarding the privacy of the information sent, unless otherwise specified by the applicable law.
12. Commercial communications
12.1. The Buyer/User/Customer may at any time change his/her choice of consent given to the Seller for Commercial Communications containing general and thematic information including information on offers or promotions as follows:
12.1.1. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller;
12.1.2. by contacting the Seller;
12.2. We will also use your data to conduct market research and surveys to improve the Products and Services we offer and the shopping experience. The information obtained from such market research and surveys will not be used for advertising purposes but only for the purposes mentioned above. Your responses to market research and surveys will not be associated with your identity and will not be passed on to third parties or published. You may object to the use of your data for market research and surveys purposes at any time by accessing the unsubscribe link displayed in the message or by contacting Meloni.
13. Invoicing and payment
13.1. The prices of the Products and Services displayed on the Website include VAT according to the legislation in force.
13.2. The price, method of payment and payment term are specified in each Order. The Seller shall issue an invoice to the Buyer for the Products and Services delivered, and the Buyer undertakes to provide all the information required to issue the invoice in accordance with the law in effect.
13.3. The price of the contract is the price of the sale of the Products / provision of the Services, contained in the Order validated by Seller’s confirmation. However, the Seller warns that there are cases where, due to malfunctions of the Website or errors, the price displayed may not be the actual price. In these cases, the Seller will inform the Buyer of the correct price, mentioning it in the Order confirmation.
13.4. By submitting the Order, the Buyer agrees to receive the invoices in electronic format by having Meloni add them to his/her Account by electronic mail to the e-mail address mentioned in his/her Account.
13.5. For a correct communication of the invoice related to the Order, the Buyer has to update whenever necessary the data in his/her Account and to access the information and documents related to each Order, existing in the Account. Through this means of communication, by accessing his/her Account, the Buyer will have a record of the invoices issued by Meloni, in order to save and archive them at any time and in any way he/she wishes.
13.6. The payment card data of the User/Buyer will not be accessible to the Seller and will not be stored by Meloni or by the payment processor integrated into the Website, but only by the institution authorizing the Transaction or by another entity authorized to provide card identification data storage services, on the identity of which the User/Purchaser will be informed prior to entering the data.
13.7. The entity authorized to provide card data storage services is NETOPIA Payments SRL, registered with the Trade Register under no. J40/9170/2003, sole registration code RO15565496, having its registered office in Bd. Dimitrie Pompeiu 9-9A, IRIDE BUSINESS PARK, Cladirea 24, etaj 4, Sector 2, Bucharest, Romania, 020335 and/or Stripe Payments Company, Address 510 Townsend St San Francisco, CA, 94103-4918 United States.
14. Methods of payment
14.1. The price of the Contract may be paid in one of the following ways, depending on the Client's choice:
14.1.1. online payment by card (personal card or card of the purchasing company, in fully secure conditions, without any additional transaction fee; payments are made via Netopia MobilPay.ro/Stripe);
14.1.2. cash on delivery where available (payment will be made according to the Contract price, to the commission agent making the delivery).
15. Delivery of Products
15.1. Terms of delivery of Products and Services sold by Meloni;
15.1.1. Tracking your Order: after registering your Order, the Buyer will be informed of its status via the email address he/she provided when placing the Order.
15.1.2. Modification or cancellation of Order: To cancel or modify an Order, the Buyer must contact Meloni at +40751051441.
15.1.3. Methods of delivery
15.1.3.1. Delivery by courier (standard): the Seller undertakes to deliver the Products to the Buyer by door-to-door courier at the delivery address defined by the Customer in the order form. Delivery charges by region and by area which vary according to the geographical area shall be added to the Products.
15.1.3.1.1. Delivery is Free if the order value exceeds the threshold value of 60 EUR.
15.1.3.1.2. For orders placed with a value less than 60 EUR, an additional Shipping Cost will be charged.
15.1.3.1.3. If an order contains several products with different delivery times, only one delivery will be made within the period set by the Seller, according to the availability displayed on the Website at the time of placing the Order.
15.1.3.1. Pick-up from showroom: Meloni's personal showroom pick-up service is only available following phone confirmation.
15.1.3.1.1. Delivery to the showroom is free of charge for all orders placed directly in the showroom, as well as for orders placed online or via the call centre and which are paid for at the time the order is placed.
15.1.3.1.2. If the products are not in stock in the showroom, we will notify you by email or SMS when they arrive in the showroom for collection. From the moment they arrive, the products are available for collection for 7 days (including the day you receive the collection notification).
15.1.3.1.3. Cosmetic coolers may be tested for functionality upon collection from the showroom. If the Buyer refuses the test, the product will be deemed to have been delivered as functional, without any scratches and with a functioning fan. The Buyer will also be asked to sign a document attesting to the refusal to test the product.
15.1.3.1.4. Any request for return of purchased products that have been picked up from Meloni's showroom, and for which the Buyer has refused testing, will only be accepted under the conditions set out in the warranty certificate.
15.2. The Seller shall ensure proper packaging of the Products and shall ensure the transmission of the accompanying documents.
15.3. The Seller shall deliver the Products and Services within Europe. Delivery times vary by region. In case of delays, the Seller will notify the Buyer as soon as possible about the status of the delivery.
16. Warranties
General conditions for granting the warranty
All products sold on this Site are new products, accompanied by tax documents and comply with warranty requirements. In the unfortunate event of service problems, the Seller undertakes to bring the purchased products back to conformity, both during the warranty period and the post warranty period (if applicable). The rights regarding the warranty granted comply with the provisions of Law no. 449/2003 and GO 21/1992 and are valid for individuals. The warranty is provided by the seller. The average period of use and the period of conformity warranty is 24 months from the date of purchase of the product. The methods of warranty assurance are: repair; replacement; refund of product value (in this order).
16.1. All Products marketed by Meloni, with the exception of resealed Products, benefit from warranty conditions in accordance with GD 21/1992, Law 449/2003 and GD 174/2008 and the commercial policies of the manufacturers. The products are new (except for resealed products), in original packaging and come from sources authorised by each manufacturer. Products are accompanied by a warranty certificate issued directly by the Seller. The warranty certificate contains general instructions for use and warranty conditions. The warranty certificate and related documents in electronic format can also be requested by phone or e-mail contact@melonicare.ro. For some products, this certification can be found in hard copy inside the packaging.
16.2. The Seller ensures and guarantees the conformity of the purchased products as well as any hidden defects, declaring on its own responsibility that the products sold do not endanger life, health, work safety, do not have a negative impact on the environment and are in accordance with Ordinance no. 20/2010 on the establishment of measures for the uniform application of European Union legislation harmonizing the conditions for the marketing of products, the manufacturer's execution documentation and Romanian standards.
16.3. The Seller undertakes to deliver the product as described on the Website and with the qualities and characteristics stated in the invoice. The product shall be deemed non-compliant if it does not have the same qualities as described on the Website or if it does not have the qualities and characteristics stated on the invoice.
16.4. The Seller shall be held liable if the lack of conformity of the product occurs within 2 years calculated from the date of delivery and if the Buyer informs the Seller of the occurrence of the lack of conformity within 2 days from the date on which it was discovered. If a lack of conformity of a product on the invoice is established upon delivery, the Buyer has the right to demand repair within a reasonable period or replacement of the product. If these operations are not possible, the Buyer has the right to demand an appropriate reduction in the price or the termination of the contract in respect of that non-conforming product.
16.5. The Buyer undertakes to notify the absence of a component from the package before the start of assembly and to keep the labels and contents of the package in the condition in which they were received for inspection and replacement. The Seller assumes no liability for the execution and consequences of handling, transport, assembly and installation services performed by third parties when the product has been damaged or the manufacturer's instructions have not been followed. The Seller shall not be held liable for any consequences of improper use or maintenance of the products due to failure to follow the manufacturer's instructions.
16.6. It shall not be deemed to be a lack of conformity if, at the time the invoice was issued, the Buyer knew or could not reasonably have been unaware of the lack of conformity.
16.7. The Buyer agrees that manufactured products and those made of materials such as natural stone may not be manufactured identically in terms of texture, colour shades on different surfaces and apparent features on the material. The Buyer agrees that products made of natural stone may show small cracks depending on the nature of the stone or that small cracks of less than 1 cm may appear over time, depending on the conditions in which the products are stored. These are not considered to be quality defects. Breakage of the products or glass components or scratching of the products after acceptance are risks fully assumed by the Buyer.
16.8. The Seller grants a warranty starting from the date of delivery of the products - 24 months (for quality defects). During this period, if the deficiencies are not attributable to the Buyer, the Seller assumes responsibility for repairing or replacing the product at its expense. After delivery, the Buyer may no longer claim quantitative deficiencies or deficiencies which he/she could not reasonably have been unaware of at the time of delivery (chipping, scratches, bent components, dirt stains, etc.).
16.9. The Buyer undertakes to keep the warranty certificate and the tax invoice. Within the warranty period, the Buyer has the right to demand free repair or replacement of the product with quality defects, if these defects are not caused by the Buyer's failure to comply with the instructions for use and maintenance. Depending on the manufacturer's availability and the place where the product was manufactured, the Seller undertakes to repair or replace the product during the warranty period within no more than14 days.
16.10. In the event of a defect, according to Law no. 449/2003, the Warranty Certificate is the only document that attests the right to the warranty and which will be submitted together with the invoice and proof of payment (receipt, invoice, etc.). The loss of the warranty certificate will invalidate the Product or Service warranty.
16.11. The replaced product is covered by the same warranty as a new product.
16.12. For any category of products the following actions are strictly prohibited:
16.12.1. the assembly of the product in the event of damage to an element or to the product itself;
16.12.2. unpacking using sharp or hard objects;
16.12.3. cutting or scratching materials;
16.12.4. rubbing against other surfaces or with abrasive substances (cleaning solutions);
16.12.5. using or storing of products in damp environments or at temperatures below 0 degrees Celsius and in environments with temperature variations;
16.12.6. placing the product close to heat sources (the guard distance is 1m);
16.12.7. use of cleaning products containing acids, petroleum, gas, detergents, chemical solvents or alcohol (any solution must first be tested on a small, concealed area);
16.12.8. wetting the products (clean with a cloth slightly dampened in a solution of soapy water - 50% water, 50% pH neutral liquid soap then wipe immediately with a dry cloth);
16.12.9. using the products for purposes other than those for which they were designed.
16.13. It is agreed by the parties that any notice given by one of them to the other is valid if it is sent in writing to you at the address set out in the introductory part of the invoice. A change of address may not be objected to by the parties if it has not been communicated in writing. In the case of notification by mail, it shall be sent by registered letter with acknowledgement of receipt and shall be deemed to have been received by the addressee on the date stated by the receiving post office on such acknowledgement.
16.14. The warranty period is specified in the Warranty Certificate for each individual resealed Product. The conditions of use, handling and transportation of a resealed Product are the same as for sealed Products and benefit from the same services, unless otherwise stated on the Product page.
16.15. The warranty of the Products, which benefit from the Warranty Certificate issued by MELONI BEAUTY S.R.L., shall be settled at the company's registered office: str. Prelungirea Ghencea, nr. 65, loc. Bragadiru, jud. Ilfov.
16.16. Any possible disagreements arising between the parties regarding the performance or interpretation of the order that cannot be settled amiably shall be settled by the common law courts of the Seller's registered office, in accordance with the legislation in force in Romania.
17. Transfer of ownership
17.1. During the period up to the date of delivery, regardless of partial or full payment of the order, the products remain the property of the Seller until their actual delivery. Actual delivery is confirmed by the Buyer's signature of receipt on the transport document provided by the courier. Ownership over the Products shall be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (by delivery -meaning signature of receipt of the transport document provided by the courier).
17.2. The products shall be in the manufacturer's original, sealed packaging and shall be insured throughout transport until delivery. When the Buyer receives the product, he/she is obliged to check the integrity of the packaging of the parcel in the presence of the courier: that the packaging is not torn, that there are no scratches, hits or signs of mishandling. If the parcel is damaged on delivery, the customer undertakes to refuse receipt and to specify in the comments of the minutes concluded with the courier the condition of the parcel at the time of delivery.
17.3. Acceptance will be made when the products and services comply with the technical characteristics stated in the order. If the Buyer discovers that the products delivered or the services provided do not comply with the technical specifications, then the Seller shall make the products and services compliant or return the value of the purchased products found to be non-compliant if the Buyer so wishes.
17.4. In case of products that have the option "Open parcel on delivery" displayed on the product page, it is mandatory to check the products in full at the time of delivery. The Buyer undertakes to unpack and check the quantity and quality of the parcels, based on their labelling, to unpack and check the integrity of fragile parcels and fragile packaged components (e.g. glass parts). For these products, signing the transport documents implies acceptance of the products and their quality. Any subsequent claims regarding possible damage to the products due to transport shall be null and void.
18. Liability
18.1. By accessing the Website you agree that the use is at your own risk. Meloni shall not be liable for any direct or indirect incident or any other loss, cost or expense of any nature whatsoever which may arise as a result of accessing or browsing the Website or through downloads of data (text, images, video or audio).
18.2. Meloni is also not liable for any damage caused by viruses, bugs, human actions or any computer system malfunction or any other errors, failures or communication delays in transmissions on the devices.
18.3. All information and materials contained on this Website are provided free of charge without any warranty of any kind. Under no circumstances shall Meloni Company be liable for any direct, consequential, incidental, special damages arising out of the use or inability to use this Website and shall not be liable for any damages that are the result of any errors, omissions, interruptions, errors, defects, delays in operation or transmission or any failure of performance of the Website.
18.4. Liability for the content of the Website: Meloni is not and cannot be held liable for damages caused by errors, inaccuracies or outdated information published or maintained on the Website, which are not caused by its fault.
18.5. Meloni reserves the right to supplement and amend any information on the Website at any time.
18.6. Meloni shall not be liable for any loss, costs, suits, claims, expenses or other liabilities if they are directly caused by your failure to comply with the Terms and Conditions.
18.7. Meloni shall not be liable for any damage caused as a result of the temporary non-functioning of the Website and for any damage resulting from the impossibility of accessing certain links published on the Website.
18.8. The Seller shall not be liable for damages of any kind which the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Products and Services after delivery and in particular for loss thereof.
18.9. By creating and using the Account, the User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his/her Account.
18.10. By creating the Account and/or using the Content and/or placing Orders, the Customer/ User/ Buyer expressly and unequivocally accepts the Terms and Conditions of the Website in the latest updated version that has been communicated, existing at the date of creating the Account and/or using the Content and/or placing the Order.
18.11. Meloni is not liable for the content, quality or nature of the Websites reached by links from this Website (commercial or advertising links). The liability for these Websites lies entirely with their owners.
19. Seller’s rights and obligations
19.1. The Seller shall use its professional and technical knowledge to achieve the result stipulated in the order and shall deliver the products and services that meet the Buyer's requirements, needs and specifications;
19.2. Communication with the shop - can be performed by interacting with the shop, posting opinions about products or communicating through the addresses mentioned in the "Contact" section. Opinions or addresses containing insults or inappropriate language will be excluded from the site or ignored. The Seller is free to handle the information received without having to justify it.
20. Writing Reviews
20.1. Users/Customers/Buyers can write Reviews in the "Recommendations" section. The information entered can be both positive and negative and will relate to the characteristics and use of a product or service.
20.2. By registering a particular review on the Website, Users/Customers/Buyers grant to the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited license and give the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content.
20.3. At the time of submitting a Review in the mentioned sections, each User/Customer/Buyer undertakes to respect the following rules:
20.3.1. to refer only to features and/or way to use a particular product or service, avoiding information on aspects that may change (price or promotional offers) or information on how to carry out the Order;
20.3.2. to use appropriate, non-offensive language, without terms that may offend or harm any other User/Customer/Buyer;
20.3.3. to ensure that the information they entered is truthful, accurate, not misleading and in accordance with applicable laws, respecting thus the rights of other parties, of copyright, trademark, licensing or other proprietary rights, publicity or privacy;
20.3.4. to use this facility only to communicate or obtain further details about a particular product or service on the Website without reference to other companies promoting the sale and purchase of products or services;
20.3.5. not to provide or request, in any way or to any extent, personal data (contact details, delivery or home address information, phone numbers, email addresses, first and/or last names, etc.) or any other information that may lead to the disclosure of such personal data;
20.3.6. not to include information and/or details of URLs (links) from other commercial websites carrying out the same commercial activity as the Seller;
20.3.7. not to attempt to defraud the services provided by the Seller or to submit Reviews containing advertising material;
20.4. In addition to a critical factual assessment, when submitting a review, the User/Customer/Buyer will also be able to add a Rating in the form of a 'Heart' symbol which will convey to other Users that they are satisfied with the Product.
20.5. Users/Customers/Buyers who submit Reviews to which they attach photo files shall comply with the following rules:
20.5.1. uploaded files shall contain images and/or videos that relate to the product or service for which the Review is written, ensuring that uploaded files respect copyright;
20.5.2. uploaded files will not contain violence, adult content, lewd language or other content that offends a person/group on the basis of race or ethnic origin, religion, disability, gender, age, veteran status, sexual or political orientation;
20.5.3. uploaded files will not contain information related to other persons;
20.5.4. uploaded files shall not contain URLs or watermarks to Websites that carry out the same commercial activity as the Seller.
20.6. When a Review is flagged by a User/Customer/Buyer as having inappropriate content, from a purely subjective perspective, this content shall be carefully examined by the Seller to determine whether it breaches the Website Terms and Conditions. Texts, photos or videos entered are removed from the Website only after these are analysed by the Seller.
20.7. If the Seller finds repeated breaches of the Terms and Conditions, the Seller reserves the right to suspend the User/Customer/Buyer's ability to submit Reviews on the Website.
21. Processing of personal data
21.1. Please read the Privacy Policy on the processing of personal data, which forms part of this Document.
22. Use of cookies
22.1. See Cookie Policy, which forms part of this Document.
23. Force Majeure
23.1. Any unforeseeable and unavoidable event, beyond the control of the parties, which partially or totally prevents the fulfilment of the contractual obligations, shall be considered as a force majeure event. A Party which claims force majeure and which notifies the other Contracting Party of it within 7 days of the occurrence of the force majeure event claimed shall be released from its obligations, but only to the extent and exclusively for the period for which the force majeure applies.
23.2. Neither party shall be liable for non-performance of its contractual obligations if such non-performance is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.
23.3. If within 15 (fifteen) days from the date of occurrence of the event, the event does not cease, each party shall be entitled to notify the other party of the termination of the Contract without either party being entitled to claim any further damages.
24. Governing law
24.1. This contract is subject to Romanian law. Any disputes arising between the Seller and the Customers/Buyers shall be settled amiably or, if this is not possible, the disputes shall be settled by the Romanian courts of jurisdiction in Bucharest.
25. Information on WEEE
25.1. Waste electrical and electronic equipment (WEEE) may contain hazardous substances that have a negative impact on the environment and human health if not collected separately. Taking into account the provisions of GEO 195/2005 - on environmental protection and GEO 5/2015 on waste electrical and electronic equipment, Customers shall take into account the following:
25.1.1. Buyers undertake not to dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to collect such WEEE separately;
25.1.2. the collection of this waste (WEEE) will be carried out by the public WEEE collection service and by collection centres organised by authorised economic operators for the collection of WEEE;
25.2. The symbol indicating that electrical and electronic equipment is subject to separate collection is a crossed-out wheelie bin, as in the picture. See here the WEEE symbol.
25.3. This pictogram indicates that WEEE must not be mixed with household waste and is subject to separate collection.
26. Other provisions
26.1. Suspension of access
26.2. By way of exception, the Seller may, without any further notice or formality and without this requiring an explanation of its attitude, suspend or block your access to the content of the Website or any part of this content, in particular to leave Reviews. Any unauthorized access to the non-public elements of the Website constitutes the offence of access without right to a computer system and will be sanctioned according to the Romanian legislation in force.
26.3. Security
26.3.1. This Website takes all necessary security measures to protect the personal information of our users. When filling in personal data on our Website, the information will be protected both offline and online. All personal information will be processed through secure pages using SSL encryption, marked with a small lock symbol at the bottom of the Microsoft Internet Explorer browser window.
26.3.2. For more information on the security standards practised on this Website please visit the Help section.
The melonicare.com user undertakes to regularly check the Terms and Conditions of Use. If you do not agree with the changes made to them by Meloni, you will cease using the Website. If you continue to use the Website, you are deemed to have agreed to the changes made.
The Seller reserves the right to periodically update and amend the Website Terms and Conditions to reflect any changes in the Website's operation or any changes in legal requirements. The document shall be binding on Customers/Users/Buyers from the moment it is posted on the Website. In the event of any such changes, the Seller will display on the Website the amended version of the Document, which is why we ask you to periodically check the content of this Document.