These General Terms and Conditions (hereinafter: TCG) “HERET.RO” include the terms and conditions for accessing and using the HERET.RO website. The HERET.RO platform is owned and operated by SC HERET SRL with registered office in ORADEA, STR. JOHANN STRAUSS, NO. 29,

JUD. BIHOR, ROMANIA, Romania, registered at the Trade Register under number no. J5/1739/2023 and having unique registration code 48472393, hereinafter referred to as “the Company”, “we”.

This TCG is a framework contract concluded between HERET.RO and you as a Customer, for an indefinite period, which ends when an order is placed through the HERET.RO online platform, entering into force by accepting it as an element mandatory for placing the order. Acceptance of TCG is only possible electronically. With a successfully placed order, a contract is concluded electronically between the parties for the use of the HERET.RO platform. The contract does not qualify as a written contract, therefore it will not be registered, so it will not be able to be accessed later. The governing language of the contract is Romanian.

TCG applies to any legal relationship between the Client and the Company, through registration in the HERET.RO system, in order to use the services offered and purchase the products sold, and extends to each contract with a partner or individual service contract and determines the rights and obligations of the parties and other circumstances regarding the use of the HERET.RO platform. The TCG is an express and integral part of the legal relationship between the Company and its customers, unless the parties expressly exclude the applicability of this TCG or any provision, in writing, during the establishment of the legal relationship or during its duration, unless where applicable law prohibits this aspect.

If certain provisions are not applicable, the remaining provisions of the TCG form part of the legal relationship between the parties. In the event of a conflict between the individual contract and TCG, the provisions of the individual contract shall prevail.

The parties will act in close cooperation with each other for the effective implementation of the object of this TCG. The parties may rely solely on their own responsibility regarding the information available on HERET.RO and it is their sole responsibility to monitor any   changes thereof.

The parties are obliged to use HERET.RO for licit and legal purposes, and in a manner that complies with the law.

It is the task and responsibility of the parties to provide the means of access to the Internet and the necessary equipment in this regard (hardware and software, such as their corresponding settings) to access the HERET.RO platform. The customer using the online platform is solely responsible for the availability and correct use of the IT tools. The parties agree that HERET.RO has no influence on and is not responsible for the policies and practices of Android Market, App Store or other third parties.

In the content of this document as well as in the relationship between the Company and the Client, the interpretation of the concepts and terms used will be as follows:

HERET.RO platform/application – is the way in which the company makes its products available to the user and their purchase is allowed. In the content of this document, we will also refer to it by using the phrase “platform/application”.

Site- refers to the www.HERET.RO website and is the way in which the Company sells products, ensures their presentation and gives the user the opportunity to place an order for the purchase of the sold products.

Customer – hereinafter referred to as “user”, “customer”, “buyer” or “you” – a natural person over the age of 16, who seeks to purchase products sold by the company

Products – any product listed on the Site, platform/application available for order.

By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations. The notification received by the Buyer, after placing the Order,   has the            role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail)  or by telephone.

For justified reasons, the Seller reserves the right   to   change   the   quantity   of   Goods and/or Services in the Order. If he changes the quantity of Goods and/or Services in the Order, he will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will return the amount paid.

The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the notification of dispatch of the Order.

The document and information made available by the Seller on the Site will form the basis of the Contract, in addition to which, if applicable, the warranty certificate issued by the Seller or one of its suppliers for the purchased Goods.

Access to place an Order is allowed to any User/Buyer. The buyer has the possibility to create an account on the platform, but this is not a condition for placing an order.

For justified reasons, HERET.RO reserves the right to restrict the User/Buyer’s access to place an Order and/or to some of the accepted payment methods, if it considers that based on the User’s/Buyer’s behavior or activity on the Site, his actions could harm HERET.RO in any way. In any of these cases, the User/Buyer can contact the Customer Relations Department of HERET.RO, to be informed about the reasons that led to the application of the aforementioned measures.

Communication with the Seller can be done through direct interaction with him or through the addresses mentioned in the “contact” section of the Site. The seller has the freedom to manage the information received without having to provide justifications for this.

In the event of an unusually high volume of traffic coming from an Internet network, HERET.RO reserves the right to ask Users/Buyers to manually enter captcha validation codes, in order to protect the information on the Site.

HERET.RO can publish on the Site information about Goods and/or promotions practiced by it or by any other third party with which HERET.RO has concluded partnership contracts, within a certain period of time and within the limit of available stock.

 For Romania, all prices related to the Goods presented on the Site are expressed in RON (RON) and do not include VAT. For other countries in Europe, the prices of the products are indicated in EURO.

In the case of online payments, the Seller is not/cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, in the event that the issuing currency of it differs from RON or EURO. The Buyer is solely responsible for this action.

All the information used to describe the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.

After 14 (fourteen) days from the purchase of a product, the Buyer may be requested to register a Review related to the purchased product.

The request will be sent to the email address entered by the Buyer in the Account. In this way, the Buyer contributes to the information of other possible Users/Clients/Buyers on the Site and is actively involved in the development of new Services and in detailing the characteristics of the products as completely as possible. The transmission of these requests as well as the answers/reviews will be carried out in accordance with the provisions contained in the privacy policy and processing of personal data that can be found on the website.

The Seller may assign and/or subcontract to a third party for Services related to the fulfillment of the Order, with the Buyer’s information, without his consent being necessary. The Seller will always be responsible to the Buyer for all contractual obligations.

The seller is not and cannot be held responsible for the damages caused by the errors, inaccuracies or non-updating of the information published or maintained on the HERET.RO platform, which are not due to his fault.

If the prices or other details related to the products/promotions have been displayed incorrectly, including due to the fact that they have been incorrectly entered in the database, we reserve the right to cancel the delivery of the respective product and notify the customer by phone/e- mail as soon as possible, about the error that occurred, if the product has not yet been delivered, without the obligation to pay compensation. The characteristics of the products presented on the site are taken over / made available by manufacturers and / suppliers and the seller does not assume responsibility for the correctness of this information.

The prices of the products on this website are informative and may undergo unannounced changes. The promotions presented on the website are valid during the mentioned time period.

If a period of time is not mentioned, they are valid within the limits of available stocks.

The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of HERET.RO, its all rights obtained in this regard directly or indirectly (through licenses for use and/or publication) being reserved. Also, any logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented that belong to the producers of the products sold belong to them and do not grant the right to the user to retrieve/copy or use them for purposes that may cause damage to the manufacturers or the seller.

The Client/Buyer/User is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by HERET.RO, the inclusion of any Content outside the Site, the removal of signs signifying HERET.RO’s copyright on the Content, as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with HERET’s express written consent. RO, otherwise, the responsible person will cover all damages suffered by the seller or his partners.

Any Content to which the Client/Buyer/User has and/or obtains access by any means is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between HERET.RO and it, and without any implicit or express guarantee from HERET.RO with reference to that Content.

The Client/Buyer/User may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of these terms and conditions.

In the event that HERET.RO grants the Client/Buyer/User the right to use, in the form described in a separate user agreement, certain content, to which the Client/Buyer/User has or obtains access following this agreement, this right extends only to that or those contents defined in the agreement, only during the existence of this or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of HERET.RO for the respective Client/Buyer/User or any other third party who has/obtains access to this transferred content, by any means and who could be or is harmed in any way by this content, during or after the expiration of the user agreement.

No Content transmitted to the Client, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of HERET.RO and/or the employee/ to the representative of HERET.RO who mediated the transfer of Content, if it exists, in relation to that content.

Any use of the Content for purposes other than those expressly permitted by this Document or by the user agreement that accompanies it, if it exists, is prohibited.

The Client/Buyer can place Orders on the Site, by adding the desired Goods to the shopping cart, and then complete the Order by paying through one of the expressly indicated methods. Once added to the shopping cart, a Good and/or a Service is available for purchase as long as there is stock available for it. Adding a Good to the shopping cart, in the absence of completing the Order, does not entail the registration of an order, implicitly neither does the automatic reservation of the Good. The buyer will be able to place an order without the need to create an account on the platform.

By completing the Order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order and at the same time confirms that he agrees with the provisions of the Privacy Policy, otherwise the order will not be able to be completed and Seller shall have no obligation to Buyer.

By completing the Order, the Buyer agrees that the Seller can contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.

The Seller can cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:

• non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in the case of online payment;
• invalidation of the transaction by the card processor approved by HERET.RO, in the case of online payment;
• the data provided by the Client/Buyer on the website are incomplete and/or incorrect;

The buyer has the right to withdraw from the Contract, respectively to return a Good, within 14 calendar days, without invoking any reason and without incurring costs other than those of delivery, the good must be unused/unopened, the packaging must not be damaged and to be returned in the same conditions in which it was delivered (the packaging should ensure the integrity of the product during transport).

Thus, according to GEO no. 34/2014, the period for returning a Good or giving up a Service expires within 14 days from:

• the day the Buyer takes physical possession of the last Good
• if the Buyer orders multiple products in a single order that will be delivered separately, the day the Buyer takes physical possession of the last Good or the last part – in case of delivery of a product consisting of several lots or parts

If the Buyer decides to withdraw from the Contract, he will be able to contact the Seller through the methods indicated on the website, who will send him a return form that can be completed electronically.

If the Client/Buyer requests withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts/bonuses that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of his decision to withdraw from the Contract. The amount will be returned as follows:

• for Orders paid by online card -> by refund to the account from which the payment was made;
• for Orders paid with Op/refund/iTransfer/ Bank Card-> by bank transfer;

The Seller will be able to postpone the refund of the amount until he receives the sold Goods or until he receives proof that they have been shipped, if he has not offered to recover the Goods himself (the most recent date will be taken).

If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and will return to the Buyer’s account the consideration for the Good and/or Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.

The return option is available for the following regions in Europe: Germany, Italy, Poland, Austria, Bulgaria, Czech Republic, Croatia, Greece, Hungary, Slovakia, Slovenia and the cost will be 1€. This cost will be supported by the customer. If the place of delivery is not included in the list of countries above mentioned, the Customer shall select the carrier of their preference and support the cost of the return. Also, it is the  Customer`s obligation to demonstrate that the Products have been returned by means of a carrier and  provide  proof of shipment of the Products to the Seller. The order must be returned in the same conditions in which it was delivered (the packaging should ensure the integrity of the product during transport).

The availability of a Good will be displayed on the Site as follows:

“in stock” – the ordered product is in the HERET.RO stock

“out of stock” – the product is no longer available in the HERET.RO stock.

The following are excluded from the right of withdrawal from the Contract:

• supply of Goods made according to the specifications presented by the Buyer or clearly personalized (MADE TO ORDER PRODUCTS);
• supply of Goods that are likely to deteriorate or expire quickly;
• the supply of sealed Goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Buyer;
• the provision of Goods which, after delivery, according to their nature, are inseparably mixed with other elements;
• the place of delivery is not included in the list of countries mentioned in return procedure section. (Germany, Italy, Poland, Austria, Bulgaria, Czech Republic, Croatia, Greece, Hungary, Slovakia, Slovenia);
• goods whose packaging is damaged or has been unsealed/opened.

Goods that have a shorter warranty period compared to the withdrawal period, i.e. 14 days Withdrawal from the contract can be done both partially and totally. The partial withdrawal from the contract implies the reimbursement of the sums related to the products that want to be returned, the total withdrawal from the contract implies the reimbursement of the sum related to the order made for all the products included in it, including the costs generated by the delivery of the order, except for the commissions regarding online payments, within of 14 days from the date on which the Seller takes possession of the products you wish to return. We will make this reimbursement by means of a bank transfer to your account.

HERET.RO will maintain the confidentiality of the information, of any nature, that you provide. The disclosure of the information provided will only be possible under the conditions mentioned in this Document and in the Privacy and Personal Data Processing Policy.

No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.

By submitting information, you understand and accept the terms and conditions set forth in the Privacy and Personal Data Processing Policy.

The Buyer/User/Client can at any time change their option regarding the consent given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions, using the unsubscribe option from the Commercial Communications   sent   by   the   Seller   or through a request sent by e-mail to the Seller.

Also, to improve the offer of Goods and Services and the buying experience, we may use your data to carry out market research and opinion polls. The information obtained as a result of these market researches and opinion polls will not be used for advertising purposes but only for those mentioned above, in these situations the information is anonymized and cannot be linked to any identifiable person.

Your responses to market research and opinion polls will not be associated with your identity and will not be transmitted to third parties or published. You can object to the use of data for market research and opinion polling purposes at any time, by accessing the unsubscribe link displayed in the message or by contacting HERET.RO.

The provisions of this chapter are supplemented by the content of the Privacy Policy.

The prices of the Goods displayed on the HERET.RO website do not include VAT, the displayed price being the final price paid by the customer.

The price, payment method and payment term are specified in each Order. The Seller will issue an invoice to the Buyer for the Goods and Services delivered, the Buyer’s obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.

The Seller will send the Buyer the invoice related to the Order containing Goods and/or Services sold by HERET.RO, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer’s Account or by electronic mail, to the e-mail address email mentioned by the Buyer in the order. For a correct communication of the invoice related to the Order, the Buyer has the obligation to update his Account data as often as necessary and to access the information and documents related to each Order, existing in the Account.

By sending the Order, the Buyer expresses his agreement to receive the invoices in electronic format by adding them to the Account by HERET.RO or via electronic mail, to the e-mail address mentioned in his Account.

The payment card data of the User/Buyer will not be accessible to HERET.RO nor will it be stored by HERET.RO or by the payment processor integrated in the Site, but only by the institution authorizing the Transaction or another entity authorized to provide card identification data storage services, about whose identity the User/Buyer will be informed, prior to entering the data.

The processing of this data is carried out in accordance with the Privacy Policy as well as in accordance with the data processing policy of the payment operator, the Seller not being responsible for the processing/storage/transmission of these types of data.

In certain cases, in order to maintain the security of the Transactions, when registering the Order, the Buyer will be asked to authorize the payment by re- entering   the   password   related   to   the Account or using the fingerprint in the case of mobile terminals that have this facility.

For transaction security reasons, the User/Buyer is advised not to stay logged in on the Site and not to set the automatic login option on mobile devices. Disclosure of the account access password is not allowed and it is recommended to use a password with a strong security character (eg: to contain at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).

The conditions of delivery of the Goods sold by HERET.RO also ensure that the products are compliant and within the validity period.

The Seller cannot be responsible for damages of any kind that 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 Goods after delivery and in particular for their loss .

By placing the Orders, the Client / User / Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing on the date of placing the Order and accepts the provisions contained in the Privacy Policy.

The Seller reserves the right to periodically update and       modify the Terms and Conditions of the Site to reflect any changes in the manner and conditions of operation of the Site or any changes in legal requirements. The document is opposable to Clients / Users / Buyers from the moment it is displayed on the Site. In case of any such modification, we will display the modified version of the Document on the Site, which is why we ask you to periodically check the content of this Document.

The seller will be able to modify/complete/delete any information found on the site or its content, without prior notification to the buyer/user.

By accepting the Terms and Conditions, the buyer expressly declares that he understands that the products sold by the seller may suffer from differences in size, cut or characteristics of the materials used.

The buyer has the opportunity to check the sizes and specifications of the products in the “Size Guide”, related to each product. The seller cannot be held responsible for the failure of the products to _it the standard sizes or those indicated in the guide or for any other damage caused to the buyer by the differences in the sizes of the products. In the event that the product is not suitable for the size chosen by the buyer, the Company ensures the exercise of the right of withdrawal within the legal term of 14 days.

None of the Parties is responsible for the non-execution on time and/or the improper execution – totally or partially – of any obligation that falls to it under this contract, if the non-execution or improper execution of the respective obligation was caused by force majeure.

Force majeure is any event external to the will of the parties, occurring after the conclusion of the Contract, unpredictable, absolutely invincible and unavoidable, such as war, epidemic, pandemic, weather events, state of alert/state of national emergency declared by the competent institutions.

The Party invoking force majeure is obliged to notify the other Party, within 3 days, of the occurrence of the event and to take all possible measures to limit its consequences. The party invoking force majeure shall communicate, within no more than 5 days from the date of occurrence of the force majeure case, supporting documents, issued by the territorial chamber of commerce and industry or by a public institution with powers in the _field affected by force majeure.

If, within 30 days of its occurrence, the respective event does not cease, either Party has the right to notify the other Party of the termination of this contract, without any of the Parties being entitled to claim compensation for the damage caused by the occurrence of the force majeure event.

The interpretation of the contractual clauses, the rights and obligations of the parties as well as the legal effects produced by this contract will be governed by Romanian law.

In case of misunderstandings related to the execution of this contract, the parties will seek an amicable settlement of the dispute. If the parties do not reach an amicable solution, the resolution of any dispute arising from the execution or interpretation of this contract will fall to the competent courts in the constituency of the Municipality of Oradea.

This document entitled General Terms and Conditions is interpreted together with the Privacy Policy regarding the processing of personal data. The buyer will be able to address the National Authority for Consumer Protection in accordance with the legal provisions.

This document is protected by copyright law and may not be reproduced in whole or in part  without the express consent of the author.