TERMS AND CONDITIONS

  1. DEFINITIONS

    1. Seller - represents the company Kumotzi SRL

    2. Site - designates the web page hosted at https://www.kumotz.com/ , the subdomains of this address, including the online store available at this address;

    3. Buyer - represents any natural person aged 16 years, as well as any legal person legally established and represented or places an Order through the Site;

    4. Account - represents the private section of the Site opened by the Buyer, accessible to the Buyer based on personal data (e-mail address and password); The account includes the data filled in by the Buyer in this section, for the accuracy of which the Buyer assumes full responsibility;

    5. Client / User - any natural person aged 16 years of age, as well as any legally established and represented legal person who, by completing the Account creation process, has given his consent to the specific clauses in this section;

    6. Goods / Services - represent any elements offered publicly by the Hunter through the Site, which can be purchased by the Buyer;

    7. Individual page - represents that section of the Site dedicated to the illustration and description of a Good / Service;

    8. Order - designates the legal act based on which the Buyer expresses his will to purchase from the Seller Goods / Services; The order can be materialized in an electronic document generated in the Account, in electronic correspondence or a telephone conversation, subsequently confirmed by an electronic document;

    9. Contract - represents the agreement of will between the Seller and the Buyer, concluded at a distance, between persons who are not present, through which the Seller, subsequent to the confirmation of the Order, undertakes to transfer to the Buyer ownership of the ordered Goods or provide the requested Services;

    10. Payment - designates the service performed by the Buyer in exchange for the ordered Goods or Services, consisting in the remittance to the Seller of a sum of money by bank transfer, bank transfer or cash remitted directly to the Seller or to an intermediary of the Seller;

    11. Delivery - designates the material remittance to the Buyer of the ordered Goods or the final delivery to the Buyer of the requested Services;

    12. Courier - designates any person under public or private law who provides fast transport / courier services.

    13. Content - designates all the information made by the Seller / available to the Buyer or the public through the Site and / or the written correspondence sent by the Seller to the Buyer; By way of example and not limitation, the Content may consist of: computer code, photographs (including persons or objects captured in photographs), drawings, graphics, digital calligraphy, logo, brand, color combinations, textile and / or clothing structures, other signs and / or trade names, text of any kind (description of the Seller, Goods / Services, business vision and mission, text applied to textiles and / or clothing), advertising campaigns, association of the image of the Seller with other natural or legal persons , the digital identity of the Seller within social networks and the like;

    14. Stripe - designates the global provider of digital payment services, having as address https://stripe.com/en-ro ;

    15. Wix - designates the global provider of digital and IT services for the creation, hosting, maintenance and operation of the Site and the electronic store related to the Site, having as address https://www.wix.com/ .

  1. SALES POLICY

    1. Access to place an Order is permitted to any Customer / Buyer.

    2. The Goods / Services provided by the Seller through the Site are presented in Individual Pages. The publication of a Good / Service on the Site does not represent a firm offer for sale, but a presentation of the Good or Service, the transfer of ownership being conditioned by the confirmation by the Seller of an Order placed by the Buyer validly.

    3. Images and / or videos posted on Individual Pages are for presentation purposes only. This Content is made in studio conditions, there may be chromatic and / or geometric differences in relation to the Good / Service delivered. Such differences are caused by the process of lighting, capturing and editing the Content or, as the case may be, by the characteristics of the digital device through which the Buyer accesses the Site and the Content. The Seller does not guarantee to the Buyer that the ordered Goods / Services will always have the characteristics expected by the Buyer.

    4. The Buyer initiates an Order by adding the desired Goods / Services to the virtual shopping cart. The addition of a Good / Service to the shopping cart does not guarantee the Buyer the reservation of the Good / Service or the availability in stock of the respective Good / Service.

    5. The Buyer expresses his decision to place the Order by validating the shopping cart and filling in the necessary fields in the digital Order form.

    6. By placing an Order through the Site, the Buyer is obliged to take note and accept these terms and conditions. Placing an Order is not a Contract. This clause also applies to Orders placed by telephone or written correspondence.

    7. By placing the order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.

    8. By placing an Order, the Buyer agrees to be contacted by the Seller by email or telephone in connection with the Order.

    9. Notifications, electronic correspondence or telephone communications sent by the Seller to the Buyer subsequent to the placing of an Order have a strictly informative role and do not represent a confirmation of the Order.

    10. The Seller has the right to unilaterally cancel a confirmed Order, without any prior formality if:

      1. 2.10.1.there are errors or incidents in the payment processing;

      2. 2.10.2. The data provided by the Buyer in connection with the Order are not correct;

      3. 2.10.3.there are indications of fraudulent activities in connection with the placing of the order by the Buyer;

      4. 2.10.4.The ordered good / service is withdrawn from production / supply.

    11. The contract between the Buyer and the Seller arises and determines the transfer of the ownership of the Goods / Services in the patrimony of the Buyer as follows:

      1. 2.11.1.In the case of Prepaid Orders, at the time of receipt by the Buyer of a written or telephone confirmation of the Order;

      2. 2.11.2.In the case of Orders whose payment is made on Delivery (in a refund system), at the time of execution by the Buyer of the payment to the Seller or the intermediary designated by the Seller.

    12. The risk regarding the Goods is transferred from the Seller to the Buyer starting with the moment of Delivery.

  1. PRICE POLICY

    1. The price of the Goods and Services is expressed on the Individual Page in the national currency Leu (RON), includes VAT, but does not include delivery costs, except for some campaigns or temporary offers, made public expressly on the site.

    2. The Buyer assumes payment of the price displayed on the Individual Page on the date of placing the Order, regardless of the positive or negative price fluctuations that may occur subsequent to placing the Order.

    3. If, due to technical or human errors, at the time of placing the Order on the Individual Page there is a price 60% or more lower than the average unit price of similar Goods or Services published on the Site in the last 3 months prior to placing the Order , The Seller reserves the right to invalidate the Order on the basis of incorrect price.

    4. The seller has the free option to issue and distribute price reduction codes displayed on the individual pages, according to its own promotion and marketing policy. If the Buyer has a valid discount code, he can use it at the latest in the step of filling in the details of the Order. Applying a discount code is not possible after placing an Order. The seller reserves the right to revoke at any time the issued and distributed discount codes, which were not used until the date of revocation. Extraordinarily, if there are indications of fraudulent activity in connection with such discount codes, the Seller reserves the right to revoke them even after using the discount code in an Order, with the corresponding increase in the price of the Order by adding the reduced value. initially based on the code.

    5. The price can be paid by the Buyer in advance, at the time of placing the Order, by bank card or by payment order. In the case of payments by bank card, the price is considered paid at the time the Buyer receives a written confirmation of payment from the payment operator. In the case of payments by payment order, the price is considered paid at the time of crediting the bank account of the Seller with the value of the price of the Order.

    6. The buyer bears all costs and expenses associated with the payment of the price, claimed by his bank and / or the issuer of the bank card he uses for payment, including but not limited to: payment or currency conversion fees, credit costs, exchange rate differences currency, currency risk and the like.

    7. The Seller does not store the bank card data used by the Buyer to pay for an Order. This data is processed and can only be stored by the banking institutions / payment operators that manage the payment.

    8. Card payments made on the Site are operated by: Stripe.

    9. The price can be paid by the Buyer on Delivery, in a refund system. In the case of payments on Delivery, the price is considered paid at the time when the Buyer receives from the Seller / the intermediary designated by the Seller the document certifying the remission of the price by the Buyer.

    10. The Seller issues to the Buyer an invoice for the price paid for the Order. The invoice can be communicated to the Buyer in electronic or physical format, depending on the Seller's option; The Buyer agrees to any communication of the invoice and leaves the communication format at the discretion of the Seller.

    11. In the event that, for reasons of guarantee or exercise of the right of withdrawal from the Contract, it is necessary to operate a price refund, it is made by the Seller within 14 working days from the confirmation of the fulfillment of the refund conditions. For bank card payments, the refund will be made primarily on the card with which the payment was made. For reimbursement payments, as well as when the Buyer provides the Seller with instructions in this regard, the refund may be made to the bank account indicated by the Buyer, opened with a bank in Romania.

  1. DIGITAL PAYMENT SERVICES

    1. Payment is made through the platform belonging to Stripe, the contractual relations regarding the payment of the Order being established directly between the Customer / Buyer and Stripe Inc. The Buyer notes that the Seller is not a provider or operator of digital payment services.

    2. The seller is not liable for any damages resulting from the payment and / or delays / cancellations of payment due to the digital payment service provider.

    3. By adhering to these terms and conditions, Buyer declares that the Stripe platform gives it adequate guarantees of digital security and releases the Seller from liability for potential digital security breaches, digital attacks, hacking, virus infection, Trojans, malware, unavailability of services and other such incidents in connection with the Site and / or the devices through which the Buyer accesses the Site.

    4. By making the payment through the Stripe platform, the Customer / Buyer adheres to the terms and conditions provided at the following address: https://stripe.com/en-ro/ssa .

  1. DELIVERY

    1. The Seller delivers the Order to the address indicated by the Buyer at the time of placing the Order. The seller delivers exclusively on the geographical territory of Romania.

    2. Orders are delivered by the Seller through third party courier services, under the conditions described on the Site page for the Delivery conditions.

    3. The goods are put into production at the time of placing the order. As a general rule, the goods will be completed and delivered to the courier within 5 days of order confirmation.

    4. Exceptionally, the goods in the Seller's stock are handed over by the Seller to the courier within a maximum of 3 working days from the moment of order confirmation. Goods that are not in the Seller's stock on the date of the Order, but which can be replenished are handed over by the Seller to the courier within a maximum of 5 working days from the time of replenishment.

    5. The goods are packaged by the Seller for delivery in disposable cardboard or plastic packaging. Optionally and for a fee, subject to the publication by the Seller of such an option on the Site, the Buyer may request the packaging of the Goods in personalized gift packaging. The buyer has the obligation to manage the packaging responsibly and sustainably after receiving the Order, either by reuse or by handing it over to an authorized recycling operator.

    6. The buyer bears the value of the Delivery. Estimated delivery costs may be displayed on the individual Pages or on the Site page for the Terms of Delivery; these costs are informative, not contractual. The final delivery costs, of a contractual nature, are displayed in the Buyer's Account at the time of placing the Order.

  1. WARRANTIES.

    1. The Seller guarantees to the Buyer the conformity of the Good / Service existing at the time of Delivery. The seller is not responsible for the non-conformity of the Good / Service caused by causes subsequent to the Delivery.

    2. In case of non-compliance, the Buyer has the right to request the Seller to repair the product first or to request the replacement of the product, in each case free of charge, unless the measure is impossible or disproportionate. A remedial measure will be considered disproportionate if it imposes on the Seller costs that are unreasonable compared to the other remedial measure, taking into account the value that the products would have had if there had been no non-compliance; the importance of non-compliance, if the other remedial measure could be carried out without significant inconvenience to the Buyer. A remedial measure will be considered impossible if the Seller cannot provide identical replacement products or spare parts for repair, including due to lack of equipment or related technology.

    3. Remedial measures will be taken by the Seller within a maximum of 15 calendar days from the date of return by the Buyer of the goods / Services claimed as non-compliant.

    4. For Textile / Clothing Goods, Seller offers a 6-month commercial warranty, specific to products whose average duration of use is estimated at 6 months.

    5. The guarantees associated with the Textile / Clothing Goods are conditioned by the Buyer's compliance with the conditions of maintenance of the Goods found in the documentation related to the Goods and / or the labels attached to the Goods.

  1. WITHDRAWAL FROM THE CONTRACT.

    1. The Buyer has the right to withdraw from the Contract and return the Goods that are the subject of the Order within 14 days from Delivery, without the need to indicate or justify any reasons from the Buyer, according to GEO no. 34/2014.

    2. The right of withdrawal is exercised by an unequivocal written information sent by the Buyer and received by the Seller.

    3. Within 14 days from the manifestation of the intention to withdraw, the Buyer has the obligation to return to the Seller the Goods in respect of which the right of withdrawal is exercised. The costs regarding the return of the Goods (packaging, courier, etc.) are fully borne by the Buyer.

    4. The services provided by the Seller until the date of exercising the right of withdrawal are exempted from the exercise of the right of withdrawal, of which the following are exemplary: the manufacture of personalized Goods or according to the Buyer's specifications; Goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed by the Buyer; making garments at the Buyer's request with dimensions other than the options displayed in the Individual Page; Customized packaging of the Goods.

    5. The exercise of the right of withdrawal in respect of the Goods / Services is possible to the extent that the Buyer has used the Goods / Services strictly to determine the nature, characteristics and operation of the products and to prove the garments, without removing their labels, without using them, without making changes, without staining them, without washing / cleaning / ironing them. For the sake of clarity, goods that show physical changes, signs of wear, lack of original labels or packaging will not be accepted for return.

    6. To the extent that the Buyer exercises his right of withdrawal, the Buyer is responsible for reducing the value of the Goods / Services resulting from their handling, other than what is necessary to determine the nature, characteristics and operation of the products. The decrease in the value of the Goods / Services is assessed and documented by the Seller after they are returned.

    7. After the Buyer has exercised the right of withdrawal and after the Seller has received the returned Goods / Services, the Seller returns to the Buyer the price paid for these Goods / Services, withholding, if applicable, the diminished value according to the previous clause.

  1. ASSIGNMENT.

    1. The Seller has the right to assign the rights and obligations arising from the Order and / or Contract to any third party, without the consent of the Buyer. The Seller also has the right to subcontract the services of third parties for the execution of the Order or the Contract.

  1. INTELLECTUAL PROPERTY

    1. All Content available on the Site is the intellectual property of the Seller.

    2. You may not copy, download, replicate, imitate, edit, modify, distribute or publish the Content without the prior written consent of the Seller.

    3. Use of the Content for purposes other than e-commerce governed by these terms and conditions is prohibited.

    4. No action by the Seller (such as contractual, commercial or advertising correspondence) may be construed as a transfer or assignment of intellectual property rights.

  1. DIGITAL SERVICES

    1. The Seller's website and all associated digital services are hosted on the Wix platform ( https://www.wix.com/ ) . Buyer notes that Seller is not a provider or operator of digital services and that Seller's access to the Site's IT platform is limited to Site aesthetics and e-commerce functions.

    2. By adhering to these terms and conditions, the Buyer declares that the Wix platform gives it adequate guarantees of digital security and exonerates the Seller from liability for potential digital security breaches, digital attacks, hacking, virus infection, Trojans, malware, unavailability of services and other such incidents in connection with the Site and / or the devices through which the Buyer accesses the Site.

    3. The Buyer is solely responsible for retaining the authentication data and credentials in the Account. The seller does not have access to this information, cannot store it and cannot retrieve it. Any such incidents of recovery of access to the Account may be resolved exclusively through the digital services provided by the Wix platform.

  1. PROTECTION OF PERSONAL DATA

    1. The seller processes personal data (Data) in accordance with the provisions of EU Regulation no. 679/2016 and with the relevant Romanian legislation in the matter.

    2. As the operator of personal data, the Seller processes the following Data of the Buyer: name, surname, date of birth, e-mail address, telephone number, correspondence address, bank account, card data.

    3. The data are processed for the purpose of providing the Buyer with the e-commerce services available through the Site, respectively for the purpose of placing Orders and executing Contracts, for:

      1. Account creation and administration;

      2. Order Processing, including receiving, validating, shipping and invoicing;

      3. Resolving cancellations or problems of any kind related to the Order or the Goods / Services purchased;

      4. Return of products according to legal provisions;

      5. Reimbursement of the value of the products according to the legal provisions;

      6. Providing support services, including providing answers to Buyer's questions regarding the Order;

      7. Compliance with tax and accounting legislation.

    4. The data can be processed through the Wix platform, which acts as a person authorized by the operator, in accordance with its own privacy conditions published at https://www.wix.com/about/privacy .

    5. The data required for the payment of Orders can be processed through the payment service provider Stripe Inc., in accordance with its own privacy conditions published at https://stripe.com/en-ro/privacy .

    6. The Buyer's first name, last name and e-mail address may be processed for marketing purposes, by sending by the Seller electronic messages regarding commercial communications, promotional information, articles of interest and the like. The processing of this Data for the stated purpose may be performed only on the basis of the prior consent of the Buyer.

    7. The processed data is kept for the entire duration of which the Buyer has opened an Account on the Site. Subject to the closure of the Account, the Data processed for the purpose of performing a Contract are kept by the Seller for a period of at least 10 years based on the legal provisions on accounting.

    8. The data may be made available to third parties for the execution of Orders and Contracts or for reasons of digital security. Such third parties are: courier service providers, payment services, banking services, IT services. The transmission of Data to third parties takes place on the basis of contracts, ensuring appropriate confidentiality practices.

    9. The Seller does not transmit the Data to persons outside Romania. However, within the provision of digital services for the hosting and operation of the Site, the Wix platform may store or transfer some Data outside Romania, in accordance with its own privacy policy.

    10. Data security is ensured through the services of the Wix platform, which has implemented contemporary standards for server security and data encryption.

    11. The persons whose Data are processed (Persons concerned) have at least the following rights

      1. The right to information. The data subjects will be informed about the processing of personal data by the Seller.

      2. Consent. When processing personal data on the basis of consent, the Seller will use clear methods of obtaining the consent of the data subject. The consent of the data subject must be unequivocal and consist of active conduct such as signing a document, ticking options in a form, sending written correspondence or the like. The data subject has the right to withdraw his consent.

      3. Access to data. The Seller shall ensure at the request of the data subjects whose personal data are processed access to the following information: categories of data processed, purpose of processing, storage period, recipients, the right to request rectification / deletion of data or restriction of processing.

      4. Restriction of processing. The data subject will be able to limit, upon request, the categories of personal data that are processed, as well as the purpose of the processing. Restriction of processing will not operate when data processing is required by law or is indispensable for the performance of a Contract.

      5. Rectification and deletion of data. The data subject will be able to obtain the rectification of inaccurate personal data concerning him or the completion of incomplete personal data. The data subject has the right to delete the data under the conditions of the Regulation.

    12. Any data subject has the right to address the Seller in connection with his Data, by phone at +40742348710, by e-mail at contact@kumotz.com or by mail at Bd Dacia 34, bl U55, ap 11, Oradea, Bihor.

  1. COOKIES POLICY AND SIMILAR TECHNOLOGIES

    1. The seller implements the cookie policy and similar technologies of the Wix platform, available at https://www.wix.com/about/cookie-policy .

    2. The seller restricts the collection of cookies to those necessary for the proper functioning of the Site.

  1. LIMITATION OF LIABILITY

    1. The legal liability of the Seller in relation to the Buyer and of the Buyer in relation to the Seller is limited to the value of the Order and / or the Contract in connection with which the liability is incurred.

    2. The Seller shall not be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the Order or for damages resulting from the use of the Goods / Services after delivery, and in particular for their loss.

    3. The limitation of liability does not apply when the Buyer causes damage to the Seller in one of the following situations:

      1. By infringing the intellectual property right of the Seller;

      2. By the Buyer's use of fraudulent means of placing and paying for the Order.

  1. MAJOR POWER

    1. Neither party will be liable for non-performance of its contractual obligations if such failure to perform on time and / or properly, in whole or in part, is caused by an event of force majeure. Force majeure is the external event, unpredictable, absolutely invincible and inevitable.

    2. If within 15 (fifteen) days from the date of its occurrence, the event of force majeure does not cease, each party will have the right to notify the other party of the full termination of the Contract.

  1. OTHER CLAUSES

    1. The Seller reserves the right to revise these terms and conditions, having the obligation to publish on the Site the most recent edition, indicating the date on which the last revision took place.

    2. Any legal relations arising from the use of the Site, the Account, the placement of Orders or in connection with the Contracts or, in general, other relations between the Seller and the Buyer, will be governed by Romanian law.

    3. Any disputes arising from the use of the Site, the Account, the placing of Orders or in connection with the Contracts or, in general, other disputes between the Seller and the Buyer, will be within the jurisdiction of the courts of Cluj-Napoca, Romania.