Terms & Conditions

Contract Documents
By registering an order on the website, the buyer agrees with the form of communication (by telephone or e-mail) through which the seller carries out his comercial operations.

The notification received by the buyer after the order has been placed, has an informative purpose and it does not represent the acceptance of the order. This notification is made electronically (e-mail) or by telephone.

Considering justified reasons, the seller reserves its right to change the quantity of products and/or the services in the order. If the quantity of the products and/or services in the order is being changed, the seller will notify the buyer via the e-mail address or by the telephone number that the buyer provided when he placed the order, and the paid amount will be returned.

The contract between the seller and the buyer is concluded at the moment of the buyer receiving from the seller, by e-mail and/or SMS, the delivery order notification.

The document and information provided by the seller on the website forms the basis of the contract, in its addition being added the warranty certificate issued by the seller or a supplier for the purchased products.

Online Sales Policy
The access to placing an order is allowed to any customer/ buyer. Considering justified reasons, KO by Karina Ochis reserves its right to restrict a customer/ buyer’s access to placing an order and/or restrict some of the accepted payment methods, whenever it considers that based on the conduct or activity of the customer/ buyer on website, his actions could in any way prejudice KO by Karina Ochis. Regardless the case, the customer/ buyer can contact KO by Karina Ochis in order to be informed of the reasons which have led to the above mentioned measures.

Communicating with the seller can occur through direct interaction with the seller or through the mentioned addresses listed in the ’contract ’ section of the site. The seller has the freedom to manage the received information without a justification of its actions.

In case of an unusually high volume of traffic from an internet network, KO by Karina Ochis reserves its right to ask customers/ buyers to manually enter captcha validations codes in order to protect the information within the website.

KO by Karina Ochis can publish on its website information about the products and/or services and/or promotions practiced by it or any other third party with whom KO by Karina Ochis has concluded partnership contracts in a given period of time and in the available stock limit.

All charges for the presented products and/or services on the website are labeled in RON (RON) or Euro (EUR) and include V.A.T.

In case of online payments, the seller is not/ can not be held responsible for any additional cost borned by the buyer, including but not limited to the currency conversion charges applied by the card issuing bank, if the currency of the issue differs from RON. The responsibility for this action is carried out by the buyer.

All information used to described the products and/ or services available on the website (static and dynamic images/ multimedia presentations, etc.) does not represent a contractual obligation on the part of the seller, these being used exclusively for presentation purposes.

Intellectual and Industrial Property Rights
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 KO by Karina Ochis, having all its rights reserved directly and/ or indirectly (through use and/or publication licenses).

The customer/ buyer is not allowed to copy, distribute, publish, transfer to third parties, modify and/ or otherwise alter, use, link to, reaveal, incorporate any content in any context other than the original intended by KO by Karina Ochis, incorporate any content outside the website, remove any mark symbolizing KO by Karina Ochis’s copyright on the content and participate to transfer, sale, distribute materials made by reproducing, modifying or displaying the content, except with the express written consent of KO by Karina Ochis.

Any content to which the customer/ buyer has and/ or obtains access to by any means, is under the incidence of the document, in case the content is not followed by a specific and valid usage agreement concluded between him and KO by Karina Ochis, and in the absence of an implicit and express assurance of KO by Karina Ochis with reference to that content.

The customer/ buyer can copy, transfer and/ or use the content only in personal or noncommercial purposes and only if it does not conflict with the provisions of the document.

If KO by Karina Ochis grants the customer/ buyer the right to use under written form in a separate usage agreement, a specific content, to which the customer/ buyer has and/ or obtains access to under the agreement, this right extends only to those or that content defined in the agreement, only for the duration of the content’s existence on the website, or the period of time defined in the agreement, according to defined conditions, in case these exist and do not represent a contractual commitment on behalf of KO by Karina Ochis for that customer/ buyer or any other third party which has and/ or obtains access to this transferred content, by any means and which could be or it is harmed in any way by this content, during or after the expiration of the usage agreement.

No content transmitted to the customer or buyer, by any means of communication (electronic, telephone, etc.) or aquired by access, visit and/ or visualization is not a contractual obligation from KO by Kariana Ochis and/ or the employee/ the official in charge KO by Karina Ochis who mediated the transfer of content if it exists, with regard to that content.

Any use of the content is forbidden for purposes other than those expressly permitted in this document or in the accompanying usage agreement, if any.

Order
The customer/ buyer can place orders on the website by adding the desired products/services in the shopping cart, and then complete the order by making the payment in one of the express indicated ways. Once added to the shopping cart, a product and/ or service is available for purchase as long as there is an available stock for it. Adding a product/ service to the shopping cart, in the absence of order completion, does not entail the registration of an order, nor the automatic reservation of the product/ service.

By completing the order the buyer agrees that all the data he provided, necessary for the purchasing process is correct, complete and true at the time of placing the order.

By completing the order, the buyer agrees that the seller can contact him by any means available/ agreed by the seller, under any circumstace in which contacting the buyer is required.

The seller can cancel the order made by the buyer, follow-up a prior notification addressed to the buyer, without any subsequent obligation of either party to the other or without any party claiming the other recovery of damages in the following situations:

  1. Non-acceptance of the online payment by the issuing bank of the buyer’s card
  2. Invalidation of the transaction in the case of online payment, by the card processor agreed by KO by Karina Ochis
  3. The data provided by the customer/ buyer on the website is incomplete and/ or incorrect

If the buyer decides to cancel the contract, he will contact the KO by Karina Ochis team at office@kobykarinaochis.com the first day after purchasing the products.

If the customer/ buyer requires to withdraw from the contract within the legal withdrawal period, he must also return any gifts that accompanied the product. In case the order was paid, the seller will return the money within 14 days from the day the buyer informed the seller with regard to his decision of cancelling the contract. The amount of money will be returned via a refund to the account from which the payment was made.

The seller will be able to postpone the refund of the money until the sold products are again in his posession or until he receives a proof that the products have been shipped if he hasn’t offered himself to recover the products (the most recent date will be considered).

If a product and/ or service ordered by the buyer cannot be delivered by the seller, the latter will inform the customer/ buyer about this and will return the value of the product and/ or service to the buyer’s account within 7 (seven) days from the date when the seller acknowledged this fact or from the date on which the buyer expressly announced his intention of cancelling the contract.

Products/ services with no right of withdrawal
The following are exempted from the right to be withdrawn from the contract:

  1. The services agreements, after a full provision of the services, if the execution has already begun with the prior consent of the buyer and after he has confirmed that he acknowledged the loss of his right to withdraw once the seller has fully executed the contract.
  2. Providing products/ services of which the price depends on the existing fluctuations on the financial market, that the seller cannot control and which can occur during the withdrawal period.
  3. Providing products made accordingly to the specifications presented by the buyer, or personalised
  4. Providing sealed audio, video or computer programs that have been unsealed after delivery
  5. Providing digital content that is not delivered with any support material, if the provision has already begun with the express prior consent of the buyer and after he has confirmed his acknowledgement on the loss of his right to withdraw.

Confidentiality

KO by Karina Ochis will keep confidentiality of any kind of information you provide. Disclosing the provided information will only occur under the conditions set out in this document.

No public statement, promotion, press release or any other disclosure to a third party will be made by the customer/ buyer with regard to the order/ contract without the prior written consent of the seller.

By transmitting information or materials through this website you offer the buyer unrestricted and irrevocable access to it, the right to use, reproduce, display, modify, trasmit and distribute these materials and information. You also agree that the seller can use freely, for his own behalf, these information, ideas, concepts, know-hows or techniques that you have sent through the website. KO by Karina Ochis will not be the subject to obligations regarding the confidentiality of the sent information, unless the legislation in force does not provide further specifications with this respect.

By subscribing to the KO by Karina Ochis database, the customer/ buyer expressly agrees within the limits of the applicable law, to be contacted by third parties, partners of KO by Karina Ochis: marketing service providers, other service providers to fulfil the subject of contract between the buyer and seller, as well as state-owned government agencies, when the specific legislation provides so; as well as other companies with which KO by Karina Ochis can develop joint marketing programs for products and/or services, etc.

Publicity

KO by Karina Ochis newsletters are sent through KO by Karina Ochis’s approved specialised partners. This ensures the confidentiality and security of information.

When the customer creates an account on the website he has the possibility to express his consent to the received newsletter.

The customer can change his option regarding the agreement issued to the seller at any time by contacting KO by Karina Ochis or by accessing the unsubscribe link displayed in the sales messages received from the seller.

Unsubscribing from receiving the newsletter does not imply disclaiming the acceptance of this document.

Billing – Payment

The prices of the products and services displayed on the www.kobykarinaochis.com website include V.A.T. according with the applicable law.

The price and the payment method and term are specified in each order. The seller will issue an invoice to the buyer for the delivered products and services, the buyer’s obligation being to provide all the required information to issue the invoice in accordance with the applicable law.

The seller will send the buyer the invoice related to the order which contains products and/ or services sold by KO by Karina Ochis, except for the products and/ or services sold by KO by Karina Ochis’s partners, as well as for any other payment related to the order, exclusively in electronic format, by adding the invoice to the buyer’s account or by the e-mail addressed mentioned by the buyer in his account.

In order to improve the communication of the order invoice, the buyer has the obligation to update his account every time it is necessary and to access his account to check the documents and information of each order.

By sending the order, the buyer agrees to receive the bills electronically, KO by Karina Ochis adding the bills to the buyer’s account or sending them via e-mail, at the address mentioned in his account.

In case this information is unavailable more that 48 hours in your account, please report this to us at office@kobykarinaochis.com.

The customer/ user/ buyer’s payment data card will not be accessible to KO by Karina Ochis nor will be stored by KO by Karina Ochis or the payment processor integrated into the website, but only by the transaction authorisation institution or other entity authorised to provide card identification data storage services, the identity of which the customer/ user/ buyer will be informed before entering the data.

Return policy

Products can be returned within 3 days of receipt by filling in the return form and sending it back to KO by Karina Ochis’s headquarters.

If the form of payment was bank transfer, the money is to be returned by bank transfer and not by paying the amount cash, at the cash desk.

Returned products must be in the same state as received. Products that have been tampered or present signs of wear or excessive use, scratches, chips, cracks, mechanical/ electrical shocks, or present lack of accessories, are not accepted for return.

The return is made in the original package, with the original intact labels, the original warranty certificate (if issued by the manufacturer/ distributor) and all the documents which the product was delivered with.

If the returned products have been accompanied by any gifts, those gifts must also be returned.

If several products of the same type have been purchased, their return is approved if only one has been unsealed. The return of the other products is only accepted if they are sealed.

Delivery of products

The seller will ensure the adequate preparation of the services and the transmission of the accompanying documents.

The seller will deliver the services both on the territory of Romania and internationally.

Warranties

The buyer can save and archive himself the documents that underlie the services provided at any time and in any way.

Responsabilities

The seller can not be held responsible for any kind of damage that the buyer or a third party could suffer as a result of the seller’s fulfilment of any of its obligations concerning the order and for damages resulting from the use of the products and services after their delivery and loss, in particular.

By creating your 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 its latest updated version which is mentioned on the website, existing at the time the account was created and/ or the content was used and/ or the order was placed.

Once the account is created, using the content is equivalent to accepting the changes made to the website’s terms and conditions and/ or the updated versions of the website’s terms and conditions.

Website terms and conditions can be modified at any time by KO by Karina Ochis, which is opposed to customers/ users/ buyers from the date they are displayed on the website. The acceptance of the terms and conditions of the website is confirmed by ticking the appropriate checkbox and/ or by sending the order and/ or by making an online payment.

Enrollment of comments, questions and answers

Registering questions and answers can be submitted by users/ customers/ buyers by contacting office@kobykarinaochis.com. The submitted information may be both positive and negative, and will refer to a product/ service characteristics and how to use it.

For notifications or complaints about the purchased products/ services, buyers can contact the company by sending an e-mail to office@kobykarinaochis.com. The maximum deadline for solving notifications or complaints is 30 calendar days from their receipt.

Processing personal data

According to the requirements of the no. 677/2001 Law on the protection of individuals with regard to the processing of personal data and the free circulation of such data, modified and completed, KO by Karina Ochis has the obligation to safely administer and use in specific purposes the personal data provided to the company.

The purpose of data collection is:

  1. Informing customers/ buyers about their account status including validating, dispatching and invoicing orders, solving cancellations and problems of any kind regarding an order, purchased products and/ or services
  2. Sending newsletters and/ or periodic alerts through e-mail or SMS
  3. Researching the market, tracking and monitoring sales and customer/ buyer’s behaviour

By filling the data in the create account and/ or place an order form, the buyer states and unconditionally agrees that his personal data is included in KO by Karina Ochis’s database and he expressly and unequivocally agrees that all this personal data can be stored, used and processed for the purpose above mentioned.

By reading this document you acknowledge that you are guranteed the rights provided by law, namely the right to information, the right of access to data, the right to intervene, the right to object, the right not to be subject to an individual decision, the right to address to justice in case of violation of the rights guranteed by the no. 677/2001 Law on the protection of individuals with regard to the processing of personal data and the free circulation of such data.

Based on a written, dated, signed and sent application at: Iuliu Maniu, no. 7, Oradea, Romania, you can freely exert through a request per year to confirm if your personal data is being processed or not.

Based on a written, dated, signed and sent application at: Iuliu Maniu, no. 7, Oradea, Romania, you can freely exert the right to interfere in your data process, as the case may be:

  1. Rectifying, updating, blocking or deleting data of which the processing procedure does not comply with no. 677/2001 Law on the protection of individuals with regard to the processing of personal data and the free circulation of such data, especially if it is incomplete or inaccurate
  2. Transforming into data the anonymus data of which the processing procedure does not comply with no. 677/2001 Law on the protection of individuals with regard to the processing of personal data and the free circulation of such data
  3. Notifying the third parties to whom the data has been disclosed, if this notification proves impossible or does not involve a disproportionate effort with regard to the legitimate interest that might be harmed

KO by Karina Ochis may also provide the personal data of the buyer to other companies with whom it is affiliated, but only on the basis of a confidentiality commitment on their part and only for the purposes stated to ensure that such data is secured and the provision of personal information is made in accordance with the applicable law as follows: courier service providers, marketing service providers, payment/ banking service providers, telemarketing or other services, provided by companies with whom we can develop joint marketing programs for our products and/ or services, insurers.

The personal information of the buyer can also be provided to the General Prosecutor’s Office, the Police, courts and other competent authorities of the State, based and within the limits of the legal provisions and as a result of specific expressed requests.

Major force

Non of the parties will be liable for non-performing its contractual obligations if such nonperformance on time and/ or adequately, wholly or partially is due to a major force event. A major force is an unpredictable event beyond the control of the parties which cannot be avoided.

If within 15 days of its occurance, that event does not cease, each party will have the right to notify the other party about cancelling the contract without any of them to be able to claim the other for damanges.

Applicable law – jurisdiction

This contract is subject to the Romanian law. Any litigations between KO by Karina Ochis and the customers/ buyers will be settled amiably or, in case this will not be possible, the litigations will be settled by the Romanian courts of Oradea.

Last update: 12 October 2017