- DEFINITIONS AND TERMS
KIROS DIET – is the commercial name of Kiros Diet SRL, a Romanian legal entity, with registered office in Bucharest, Argentina Street No. 33, with number J40/2843/2021 in the Trade Register, unique tax registration code CUI 30021692.
Seller – KIROS DIET or any of its partners.
Buyer – can be any natural person who is over 16 years of age or any legal person or legal entity who makes an Account on the Site and places an Order.
Customer – can be any natural person over 16 years of age or legal entity that has or obtains access to the CONTENT, by any means of communication made available by KIROS DIET (electronic, telephone, etc.) or on the basis of a user agreement existing between KIROS DIET and the Customer and requiring the creation and use of an Account.
User – any natural person who is over 16 years of age or legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site-specific terms in the General Terms and Conditions section.
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit Orders and that contains information about the Customer/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods warranties, etc.). The User is responsible for ensuring that all information entered when creating the Account is correct, complete and up-to-date.
Favourites – section of the Account that allows the Buyer/User to create Lists of Goods and Services that he/she wishes to track for possible purchase using the service offered by the Seller to track Goods and Services by receiving Commercial Communications from the Seller.
List – the section in Favourites where the Buyer/User can add Goods or Services that he/she wishes to follow up for a possible purchase and which he/she can later delete or add to the shopping cart (“My Shopping Cart”).
The lists can be:
- Public: any Customer/Buyer/User can view the Buyer’s/User’s List if they have shared it on social networks (Facebook, Twitter and Google+) or if they access the Buyer’s/User’s public profile on the Site. The lists are public and the Buyer/User has the possibility to set them as private at any time, directly from his/her Account, Favorites section;
- Private: these can only be viewed by the Account holder. The Buyer/User has the possibility to set them as public at any time, directly from his/her Account, Favorites section.
My Shopping Cart – section of the Account that allows the Buyer/User to add Goods or Services that they wish to purchase at the time of adding or at a later time; if the Goods or Services are not purchased at the time of adding by placing the Order, the Buyer/User will benefit from the service offered by the Seller to track the Goods and Services by receiving Commercial Communications from the Seller.
Website – the online shop hosted at www.kirosdiet.com and its subdomains.
Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer by which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods and Services on the Site.
Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the Contract.
Campaign – the action of displaying for commercial purposes, a finite number of Goods and/or Services having a limited and predefined stock, for a limited period of time set by the Seller.
Contract – is the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content – represents:
– all information on the Site that can be visited, viewed or otherwise accessed using electronic equipment;
– the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication;
– any information communicated by any means whatsoever by an employee/collaborator of the Seller to the Buyer, according to contact information, whether or not specified by the Buyer;
– information related to the Goods and/or Services and/or the rates charged by the Seller in a given period;
– information related to the Goods and/or Services and/or the rates charged by a third party with which the Seller has concluded partnership contracts, in a given period.
Document – the present Terms and Conditions.
Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information on products similar or complementary to those you have purchased, information on offers or promotions, information on Goods and Services added in the “Account/My Account” section or “Account/Favorites” section as well as other commercial communications such as market research and opinion polls.
Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by KIROS DIET to the Buyer, using the services of the card processor agreed by the Seller, regardless of the method of delivery.
Specifications – all specifications and/or descriptions of the Goods and Services as stated in their description.
Payment – the payment service provided by the payment processor integrated into the Site, made available to Customers, Users and/or Buyers through the Site for the purpose of making an online card payment.
Reward points (beta) – to receive reward points, you must register on the site and order by accessing your account. In this way, for each order of KIROS DIET products placed on the site, you can accumulate reward points. These points can be used to purchase products on the site.
The reward points are valid for 90 days. After 90 days, if the points have not been used, they will be automatically reset to zero.
The reward point system is in beta testing and may be discontinued for a certain period or cancelled permanently, depending on the policy of KIROS DIET. Reward points can only be used at www.kirosdiet.com and cannot be converted to cash, transferred to other members of the site or sold.
KIROS DIET cannot be held responsible for any situation created by the reward point system, loss of points for reasons beyond our control (site attacked, database destroyed, etc.) or any other situation that may create a reason for dissatisfaction.
USE OF AWARD POINTS
Your orders can be paid for with these points in whole if the products to be purchased are worth less than the accumulated points or in part (EUR + POINTS).
Reward points are available to all customers of our online store who are registered and logged in on the website, i.e. who have created an account on this website and place an order by accessing their customer account on the website.
Customers who order products without having an account on this website, or even if they have an account on this website but are not logged in to their account when they choose products and place an order, WILL NOT RECEIVE REWARD POINTS for the products purchased!
To be eligible for reward points, you must have an account on this site. Creating an account is very easy and only takes a few minutes.
The number of points earned after placing an order will be confirmed by an e-mail sent to the e-mail address registered when the account was created. Reward points are billed to you upon completion of your order (i.e., when your order status changes to completed). From the moment of purchase to the moment of accounting of the reward points, 24 to 72 hours could pass, depending on the time it takes the customer to receive the products. For orders paid by bank transfer, the time taken for accounting may vary.
You can also check the number of points accumulated after logging into your account also the user area and in the shopping cart section.
The customer can decide to apply the points to the cart before payment to deduct the amount.
How does the point system work?
EACH REWARD POINT HAS A VALUE OF 1 EURO.
For purchases up to 149 euros including VAT you will not receive any reward points.
For purchases of 150 euro you will receive 7 gift points.
For purchases over 150 euro you will receive 1 point for every 10 euro more than 150 euro.
For example, if you purchase products worth 200 euros including VAT, you will receive free shipping (included for orders over 100 euros) and you will receive 7 points for 150 euros plus 5 points for the additional 50 euros, giving you a total of 12 points. For purchases of 300 euros you will receive 22 points and so on.
Points are calculated and applied for purchases of products without using any discount code or for purchases made using the 10% Discount Code
If you use a maximum 10% discount code, points are calculated on the cost of the products net of the discount.
Points are disbursed for purchases without a discount code or using a 10% discount code even of products that KIROS DIET occasionally puts on promotion.
NB No reward points are disbursed for discount codes other than the 10% DISCOUNT CODE. The percentages for calculating reward points may be subject to change depending on the sales policies adopted by KIROS DIET. The following document may not immediately comply with the changes applied to the points system. KIROS DIET undertakes to update this document as quickly as possible in the event of changes to the points calculation system.
- CONTRACTUAL DOCUMENTS
2.1 By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller conducts its business operations.
2.2. The notification received by the Buyer after the Order has been placed is for information purposes and does not represent acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If it changes the quantity of Goods and/or Services in the Order, it shall notify the Buyer at the e-mail address or telephone number made available to the Seller at the time of placing the Order and refund the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer when the Buyer receives from the Seller, via e-mail and/or SMS, the notification of dispatch of the Order.
2.5. The document and information made available by the Seller on the Website shall form the basis of the Contract, in addition to which the warranty certificate issued by the Seller or a supplier of the Seller for the Goods purchased shall form the basis of the Contract.
- ONLINE SALES POLICY
3.1. Access to place an Order is allowed to any User/Purchaser.
For justified reasons KIROS DIET reserves the right to restrict the access of the User/Shopper to place an Order and/or to some of the accepted payment methods, if it considers that based on the conduct or the activity of the User/Shopper on the Site, his/her actions could harm KIROS DIET in any way. In any of these cases, the User/Customer may contact the Customer Relations Department of KIROS DIET, in order to be informed of the reasons that led to the application of the aforementioned measures.
3.2. Communication with the Seller may be made through direct interaction with the Seller or through the addresses mentioned in the “contact” section of the Site. The Seller is free to manage the information received without having to justify it.
3.3 In the event of an unusually high volume of traffic from an Internet network, KIROS DIET reserves the right to require Users/ Buyers to manually enter captcha validation codes in order to protect information on the Site.
3.4 KIROS DIET may publish on the Site information about Goods and/or Services and/or promotions offered by KIROS DIET or by any other third party with which KIROS DIET has entered into partnership agreements, within a certain period of time or within the limit of available stock.
3.5. All prices for Goods and/or Services presented on the Site are expressed in Euro (EUR), include VAT and are invoiced in lei at the exchange rate of the BNR on the day of placing the order.
3.6. In the 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 issuing bank of the Buyer’s card, if the issuing currency of the card differs from the EURO. The Buyer is solely responsible for this action.
3.7. All information used for the description of the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, as they are used exclusively for presentation purposes.
- ASSIGNMENT AND SUBCONTRACTING
4.1. The Seller may assign and/or subcontract to a third party for Services related to the fulfilment of the Order, with the Buyer’s prior notice, without the Buyer’s consent. The Seller shall always be liable to the Buyer for all contractual obligations.
- INTELLECTUAL AND INDUSTRIAL PROPERTY LAW
5.1. Copyright: The entire content of the KIROS DIET website – images, text, graphics, symbols, web graphics, scripts, programs and other data – is the property of KIROS DIET and is protected by copyright law and by intellectual and industrial property laws. The use without KIROS DIET’s consent of any of the elements listed above is punishable according to the laws in force, and all rights obtained in this respect directly or indirectly (through licenses of use and/or publication) are reserved.
5.2 The Customer/Buyer/User is not permitted 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 the original intended context of KIROS DIET’s Content and participate in the transfer, sale, distribution of any materials made by reproducing, modifying or displaying the Content, except with the express written consent of KIROS DIET.
5.3. Any Content to which the Customer/Customer/User has and/or obtains access by any means whatsoever is subject to the Document, unless the Content is accompanied by a specific and valid use agreement between KIROS DIET and the Customer/Customer/User, and without any implied or express warranty by KIROS DIET with respect to such Content.
5.4. The Customer/Buyer/User may copy, transfer and/or use the Content only for personal or non-commercial purposes, provided that they do not conflict with the provisions of the Document.
5.5. If KIROS DIET grants the Customer/Customer/User the right to use, in the form described in a separate user agreement, specific content to which the Customer/Customer/User has or obtains access as a result of this agreement, this right extends only to the content(s) defined in the agreement, only for the period of its or their existence on the site or the period defined in the agreement, under the defined conditions, if they exist and do not represent a contractual commitment on the part of KIROS DIET for the respective Customer/Customer/User or any other third party who has/gets access to such transferred content, by whatever means and who could be or is harmed in any way by such content, during or after the expiry of the agreement of use.
5.6 No Content transmitted to the Customer, User or Buyer, by any means of communication (electronic, telephonic, etc.) or acquired by the Customer, User or Buyer by accessing, visiting and/or viewing shall constitute a contractual obligation on the part of KIROS DIET and/or the employee/employee of KIROS DIET who facilitated the transfer of the Content, if any, with respect to such Content.
5.7 Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying User Agreement, if any, is prohibited.
6.1. The Customer/Shopper can place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart, and then complete the Order by making payment by one of the methods expressly indicated. Once added to the shopping cart, a Good and/or Service is available for purchase insofar as there is stock available for it. The addition of a Good/Service to the shopping cart, without the completion of the Order, does not entail the registration of an order, nor the automatic reservation of the Good/Service.
6.2. By completing the Order, the Buyer agrees that all data provided by the Buyer, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
6.3. By completing the Order, the Buyer consents that the Seller may contact the Buyer, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.4. The Seller may cancel the Order placed by the Buyer, upon prior notice to the Buyer, without any further obligation of either party to the other or without either party being entitled to claim damages from the other in the following cases:
6.4.1. non-acceptance by the bank issuing the Buyer’s card of the transaction in the case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by KIROS DIET, in case of online payment;
6.4.3. the data provided by the Client/Purchaser on the Site is incomplete and/or incorrect;
6.5. The Buyer has the right to withdraw from the Contract, i.e. to return a Good or to cancel a Service, within 14 calendar days, without giving any reason and without incurring any costs other than delivery costs. Thus, according to GEO 34/2014, the period for returning a Good or renouncing a Service expires within 14 days from:
– the day on which the Buyer takes physical possession of the last Good – If the Buyer orders multiple Goods in one order to be delivered separately
– the day on which the Buyer takes physical possession of the last Good or the last part – in the case of delivery of a product consisting of several lots or parts.
6.6 If the Customer/Customer requests withdrawal from the Contract within the legal withdrawal period, he/she must also return any gifts that accompanied the product. If the Order is paid for, the Seller shall refund the amount within 14 (fourteen) days from the date of the Buyer’s notification to the Seller of its decision to withdraw from the Contract. The amount will be refunded as follows:
6.6.1. for orders paid by bank card ->by refunding the account from which the payment was made or by generating a voucher with the value of the returned product;
6.6.2. for Orders paid by Op/iTransfer/ -> by bank transfer or by generating a voucher with the value of the returned product;
6.6.3. for orders paid by consumer credit -> cancellation/recalculation of instalment contract.
6.7. The Seller may postpone reimbursement until receipt of the Goods sold or until receipt of proof that they have been dispatched, if he has not offered to recover the Goods himself (whichever is the later).
6.8. *The consumer cannot unilaterally terminate (cannot return), under the terms of art. 16, lit. d), e), f), GEO 34/2014, contracts for the supply of products which, by their nature, cannot be returned, including: unsealed supplements, unsealed, tested cosmetics.
6.9. TOTAL RETURN – If the customer returns the entire order, KIROS DIET will refund the value of the products ordered without refunding the shipping fee for the shipment. Please note that the shipping cost for the return of products to KIROS DIET will be borne by the customer who requested the return. The return of the products can be done by any courier company preferred by the customer, respecting the details mentioned in the email received after the registration of the return request.
6.10. In case the customer partially returns and keeps one or more products, KIROS DIET will only return the value of the products that the customer wishes to return, without refunding the shipping fee for the shipment. Please note that in this case too, the shipping fee for returning the products is borne by the customer. The return of the products is done by any courier company preferred by the customer, respecting the details mentioned in the email received after the registration of the return request.
Attention! Please pack the returned products carefully, KIROS DIET will not refund the value of the products if they are damaged during transport.
Decrease in value of returned goods
6.11. The consumer is liable only for any diminution in the value of the product resulting from improper handling other than that necessary to determine the nature, quality and function of the product.
The actions that lead to a decrease in the value of the returned product are the following:
– breaking product seals and labels;
– breakage or damage to the original product packaging;
– scratching, soiling, staining, impregnation with external substances;
6.12. If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the Seller shall inform the Customer/Buyer of this fact and shall return to the Buyer’s account the value of the Good and/or Service within a maximum of 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 its intention to terminate the Contract.
6.1. The availability of an Asset will be displayed on the Site as follows:
- “in stock” – we have more than 3 pieces in stock KIROS DIET
- “limited stock” – we have less than 3 pieces in stock KIROS DIET
- “in stock supplier” – The good is not available in KIROS DIET stock. If you register an Order for a Good that has “in stock supplier” in its right, one of our sales consultants will contact you as soon as possible to inform you about the availability of the Good.
- “on order” – The good is not available in KIROS DIET stock and at the moment we have no information about its availability in the supplier’s stock. But, if you place an Order for a Good that has “on order” in the right of it, one of our sales consultants will check the availability of the Good in the supplier’s stock and will contact you to inform you about the availability of the Good.
- “pre-order” – The good is not available in KIROS DIET stock nor in the supplier’s stock. But, if you place an order for a Good that has “pre-order” next to it, one of our sales consultants will check the supplier’s supply time and contact you to let you know the availability of the Good.
- “out of stock” – The good is no longer available in KIROS DIET stock
- “currently unavailable” – we are currently unable to purchase the Good because it is not in stock with the supplier.
- GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED
7.1. The following are exempted from the right of withdrawal from the Contract:
7.1.1. service contracts, after the complete performance of the services, if performance has begun with the Buyer’s express prior consent and after the Buyer has confirmed that it is aware that it will lose its right of withdrawal after complete performance of the Contract by the Seller;
7.1.2. supply of Goods made to the specifications submitted by the Buyer or clearly customized;
7.1.3. the supply of Goods which are likely to deteriorate or expire rapidly;
7.1.4. the supply of sealed Goods which cannot be returned for health protection or hygiene reasons and which have been unsealed by the Buyer;
7.1.5. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items;
8.1. KIROS DIET will keep confidential the information of any nature that you provide. Disclosure of the information provided will only be possible under the conditions mentioned in this Document.
8.2. 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.
8.3. By submitting information or materials through this site, you grant Seller unrestricted and irrevocable access to, and 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 Site. KIROS DIET shall not be subject to any obligations concerning the confidentiality of the information sent, unless otherwise specified by the legislation in force.
- COMMERCIAL COMMUNICATIONS
9.1. The Buyer/User/Customer may at any time change its option regarding the consent given to the Seller for Commercial Communications containing general and thematic information including information on offers or promotions, as follows:
9.1.1. by modifying the Account settings in the “My subscriptions” section;
9.1.2. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
9.1.3. by contacting the Seller.
9.2. By adding Goods or Services in the section of the Account:
“My Cart”, the Seller will send the Buyer/User Commercial Communications regarding:
– when changing the price of Goods or Services added in the “My Cart” section,
– to recommendations of Goods or Services similar to those added in the “My Basket” section,
– the existence of Goods or Services in the “My Cart” section, and
– stock availability Goods or Services added in the “My Cart” section.
“Favourites”, the Seller will send the Buyer/User Commercial Communications regarding:
– when changing the price of Goods or Services added in the “Favourites” section,
– to recommendations of Goods or Services similar to those added in the “Favorites” section, and
– stock availability or Services Goods added in the “Favorites” section.
9.3 Following the purchase of a Good or Service, the Seller shall send the Buyer/User Commercial Communications regarding:
– Suggestions of Goods or Services recommended to be used in conjunction with the purchased Good or Service.
9.4. The Customer/User may unsubscribe, at any time, from the Commercial Communications mentioned in paragraph 9.3 above by accessing the unsubscribe link displayed in the commercial messages received from KIROS DIET or by contacting KIROS DIET in this regard.
9.5 We will also use your data to conduct market research and surveys to improve the Goods and Services we offer and the shopping experience. The information obtained from this market research and surveys will not be used for advertising purposes but only for the purposes mentioned above. Your responses to market research and opinion polls 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 survey purposes at any time by clicking on the unsubscribe link displayed in the message or by contacting KIROS DIET.
- INVOICING – PAYMENT
10.1. The prices of the Goods and Services displayed on the website www.kirosdiet.com include VAT according to the legislation in force.
10.2. The price, method of payment and payment term are specified in each Order. The Seller shall issue an invoice to the Buyer for the Goods and Services delivered, it being the Buyer’s obligation to provide all the necessary information to issue the invoice in accordance with the legislation in force.
10.3 The Seller shall send to the Buyer the invoice for the Order containing Goods and/or Services sold by KIROS DIET, 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 e-mail, to the e-mail address mentioned by the Buyer in his Account.
10.4 For a correct communication of the invoice related to the Order, the Buyer is obliged to update whenever necessary the data in his Account and to access the information and documents related to each Order, existing in the Account.
10.5. Through this means of communication, the Buyer, by accessing his Account, will have a record of the invoices issued by KIROS DIET, being able to save and archive them at any time and in any way he wishes.
10.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by adding them by KIROS DIET to his Account via electronic mail to the e-mail address mentioned in his Account.
10.7. If this information is unavailable for more than 48 (forty-seven) hours in Account, please notify us by e-mail: email@example.com
10.8. The payment card data of the User/Purchaser will not be accessible to KIROS DIET and will not be stored by KIROS DIET or by the payment processor integrated into the Site, but only by the institution authorizing the transaction or by another entity authorized to provide card identification data storage services, whose identity will be communicated to the User/Purchaser prior to data entry.
The entity authorized to provide card data storage services is Stripe.
10.9. In certain cases, in order to maintain the security of the Transactions, at the time of registration of the Order, the Buyer will be required to authorize payment by re-entering the password of the Account or by using the fingerprint in the case of mobile terminals with this facility.
10.10. For transaction security reasons, the User/Purchaser is advised not to stay connected to the Site and not to set the automatic login option on mobile devices. It is not allowed to reveal the password to access the account and it is recommended to use a strong security password (e.g. containing at least eight characters, including uppercase, lowercase, numbers and special characters).
- DELIVERY OF GOODS
11.1. The conditions of delivery of the Goods and Services sold by KIROS DIET can be found in the Order Delivery section.
11.2. The seller shall ensure proper packaging of the goods and shall ensure the transmission of accompanying documents.
12.1. All Goods sold by KIROS DIET, with the exception of resealed Goods, benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers. The Goods are new (with the exception of resealed Goods), in their original packaging and come from sources authorised by each manufacturer.
12.1 TRANSFER OF OWNERSHIP OF PROPERTY
KIROS DIET assumes no responsibility and cannot be held liable for damages caused by the use in any way of products purchased through this site. The www.kirosdiet.com website and related materials are used on an “as is” and “as available” basis without warranty of any kind.
KIROS DIET makes no warranties, express or implied, as to, but not limited to, the operation of this site, the information, content, materials or products on the site and their suitability for any particular purpose. KIROS DIET does not warrant that this site, its servers or e-mails sent on behalf of KIROS DIET are free of viruses or other harmful components.
12.2. Responsibility for SITE content. KIROS DIET is not and cannot be held liable for any damage caused by errors, inaccuracies or incompleteness of the information published or maintained on the SITE, which is not due to its fault.
12.3. In the event that prices or other product/promotion details have been incorrectly displayed, including because they have been incorrectly entered into the database, we reserve the right to cancel the delivery of the product in question and to notify the customer by telephone/email as soon as possible of the error if the product has not yet been delivered.
12.4 The characteristics of the products presented on the WEBSITE are taken from / made available by manufacturers and/or suppliers, and KIROS DIET does not assume responsibility for the accuracy of this information.
12.5. The prices of the products on this WEBSITE are informative and may be subject to unannounced changes. The promotions presented on the SITE are valid for the period of time mentioned.
12.6. Also, the images are presented on the SITE by way of example, and the products delivered may differ in any way from the images due to changes in features, design, without prior notice from the manufacturers.
- TRANSFER OF OWNERSHIP OF GOODS
13.1. Title to the Goods shall be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the invoice in the case of deliveries made by the Seller’s staff).
14.1. 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 Goods and Services after delivery and in particular for loss thereof.
14.2. By creating and using the Account, the User/Purchaser assumes responsibility for maintaining the confidentiality of the Account data (user 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.
14.3. 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 Site in the latest updated version that is communicated on the Site, existing at the date of creating the Account and/or using the Content and/or placing the Order.
14.4 The Seller reserves the right to update and amend the Terms and Conditions of the Site from time to time to reflect any changes in the manner and conditions of operation of the Site or any changes in legal requirements. The document is enforceable against Customers / Users / Buyers from the moment of posting on the Site. In the event of any such changes, we will post the amended version of the Document on the Site, which is why we ask you to periodically check the content of this Document.
14.5 The maximum amount of KIROS DIET’s liability to any customer in the event of non-delivery or improper delivery is the amount of the sums received by KIROS DIET from that customer.
- WRITING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
15.1. The submission of Reviews, Comments, Questions and Answers can be done by Users/Customers/Buyers directly on WhatsApp using the button displayed on the website or by sending an e-mail to firstname.lastname@example.org. The information entered can be both positive and negative, as long as its content is not illegal, obscene, threatening, defamatory, does not in any way disturb the privacy of others, does not infringe intellectual property rights, does not contain viruses, texts targeting various promotional campaigns, chain letters, mass mailings or any other form of spam. Persons who use a false e-mail address or send electronic messages or any other communications on behalf of another natural or legal person or on behalf of any other entity will be punished in accordance with the laws in force. 16. PROCESSING OF PERSONAL DATA
- COOKIE USAGE
- FORTA MAJORA
18.1. Neither party shall be liable for non-performance of its contractual obligations if such non-performance in due time and/or properly, in whole or in part, 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.
18.2. If within 15 (fifteen) days from the date of occurrence, 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.
- APPLICABLE LAW – JURISDICTION
19.1. This document is subject to Romanian law. In the event of any disputes arising between Seller and Users / Buyers will first try to resolve them amicably, if this is not possible, disputes will be resolved by the competent Romanian courts in Bucharest.