Terms and conditions

Version no. 2 applicable from 28 April 2021

1. GENERAL ASPECTS

1.1. These Terms and Conditions (“Terms and Conditions”) govern the relations between the the company TEILOR S.R.L., a Romanian limited liability company, with its registered office located in Romania, Arges County, Pitesti Municipality, Smeurei Street, no. 54, registered with the Trade Register Office attached to Arges Court of Law under the no. J3/1681/2003, European unique identifier (EUID) ROONRC.J3/1681/2003, unique registration code (CUI) RO 15997524 (“the Company”, or “We”) and the people who use (“User”) the website www.teilor.com (“The website”) and/or the services provided by the Company through the website (“Services”).

1.2. Accessing and using the website, including any of its pages or component sections, or any Service provided through the website may only be made in accordance with these Terms and Conditions, which include the GDPR Policy, the Cookies Policy and the Video Surveillance Policy (CCTV) which are also posted on www.teilor.com

1.3. For the use of the services, we may ask the user to express its consent to these Terms and Conditions through a specific action, which has the meaning of an unequivocal consent (i.e. ticking the specific box “I have read and agree to the terms and conditions of the website”).

1.4. To ensure compliance with the terms of access and use of the Services, Users must also verify at the time of each access the terms and conditions of use. Even if you fail to review the terms and conditions, but use the website, we will consider that you have accepted this set of Terms and Conditions (including any updates thereto).

1.5. If you do not agree to the provisions of these Terms and Conditions (including any update thereof), please do not use, or as appropriate, cease using the website or the Services offered by Us, as appropriate.

1.6. Definitions:

Website – teilor.com domain

Account – the section of the website consisting of an email address and a password that allows the Buyer to submit the Order and which contains information such as username, password, delivery address and order history. The user will ensure that all account information is accurate, complete and up-to-date.

User – any natural person over the age of 16 or legal person registered on the website who, by creating the Account, agrees to the specific terms of the website in the Terms and Conditions section.

Buyer - any individual over the age of 16 or a legal entity who creates an Account on the website and places an Order

Favorites - A section of the Account that allows the User to create Lists of products that he/she wants to keep an eye on for a possible purchase.

Favorites list - the section of the Account where the User can add products that he/she wants to keep an eye on for a possible purchase. The user can make changes to the List by adding or deleting products or by transferring them to the Shopping Cart.

Shopping cart – section of the Account where the User can add products he/she wants to purchase

Order – The electronic document with which the Buyer transmits to the Seller his/her intention to purchase products from the website.

Contract - represents the contract at distance concluded between the Seller and the Buyer, without the simultaneous actual presence of the Seller and the Buyer.

Content:

All information on the website that can be accessed via electronic equipment.

Any form of communication transmitted by the Seller to Users by any electronic or other means.

Commercial messages - Messages via the website, e-mail, mobile phone in which the Seller provides the User with information regarding ongoing campaigns, current or future offers and promotions, retargeting campaigns, opinion polls or general information

Transaction - cashing or refunding an amount resulting from the sale of a product through the website, depending on the method of payment or reimbursement

2. PROPERTY RIGHT

2.1. Articles (texts + images) published by the Company are under the protection of intellectual property laws (such as – but not limited to: Law no. 8/1996 on copyright and related rights, Law no. 84/1998 on trademarks and geographical indications). Reproduction of any written or illustrative part of these articles is absolutely forbidden without the prior consent of the publisher.

3. CONTENT OF MESSAGES ON THE WEBSITE

3.1. (Registered) users are exclusively responsible for the content of their messages.

3.2. In order to establish a communication relation based on decency and mutual respect within the comments section provided by the website, we ask all users to take into account the following rules:

a) Do not use indecent language; insults of any kind are not allowed; It is forbidden to use names that contain insults, trivialities, vulgar words;

b) Anti-social messages are not allowed; those that incite illegal actions, violence or xenophobia;

c) Posts containing discrimination are not allowed, whether they relate to sex, age, religion, sexual orientation etc.;

d) All messages express only the views and opinions of their authors; the full responsibility, from a legal point of view, lies entirely with the authors, both for the articles posted on the website and for messages and materials uploaded by the users of the website;

e) To be able to reply individually to different posts please fill in your real email address;

f) Any deviation from this regulation will result in the deletion or modification of the posted message;

g) Account name: The use of names with sexual connotations is not allowed;

h) It is not allowed to use offensive names for various social categories;

i) It is forbidden to broadcast defamatory, threatening, vulgar, obscene messages that call for racial hatred, malicious, inaccurate or in any way contravene the law, both within the forum and in any other place on the website.

j) It is forbidden to use the information provided by other members to obtain money or commercial benefits.

k) It is forbidden to collect/gather personal data about other Users of the website;

l) It is not allowed to use names that, through their content, advertise various websites, companies or products;

m) It is prohibited to post, upload or transmit of any kind on/from the website materials that are illegal or non-compliant with the copyright, trademark or other industrial property laws;

n) It is prohibited to use the webiste for the purpose of promoting illegal activities or providing information related to illegal activities;

o) It is forbidden to use the website to post or send advertising, promotional or “spam” messages;

p) Messages containing personal data such as telephone numbers, addresses, personal ID numbers, ID series, messenger IDs, e-mail addresses are not allowed;

r) It is forbidden to claim that you are another person, represent another institution or falsely claim that you are affiliated with a person or institution;

3.3. For the non-compliance by Users, the Company reserves the right to prohibit access to the website and any of its Services offered.

3.4. The Company does not control, only supervises the content of messages transmitted on the website.

4. DECLARATIONS AND WARRANTIES

4.1. The Company does not guarantee that the information contained by the website is fully complete or accurate;

4.2. The company does not guarantee that the information entered by the users of the website is real, accurate and does not assume responsibility for the way visitors use it;

4.3. The Company does not guarantee that the information or services on the webiste will meet all the requirements of the visitors;

4.4. The Company does not assume responsibility for the results obtained by visitors as a result of the use of the information or services of the website; the use of information and services on the website is your own responsibility;

4.5. The Company does not guarantee that the services of the webiste will operate constantly, uninterruptedly and without errors;

4.6. The Company does not assume responsibility for any damages that Users may have due to temporary malfunction or improper operation of the website or for using information obtained by using links from the website to other websites (their use is for the users).

5. CONTRACTUAL DOCUMENTS

By placing an Order on the website, the Buyer agrees to the form of communication chosen by the Seller for its commercial operations (phone or e-mail).

After making the Order, the Buyer will receive an electronic notification from the Seller at the e-mail address specified when the Account was created. This notification does not represent the acceptance of the order.

If the ordered product/products is/are no longer in the Seller’s stock, the Seller will notify the Buyer of the situation and offer the Buyer similar products. If the Buyer does not wish to purchase other products instead of the unavailable ones, the Seller will return to him/her the amount paid for the Original order if applicable.

The contract between the Buyer and the Seller is considered concluded when the Buyer receives the product from the Seller, after making the payment according to the agreed deadlines.

6. ONLINE SALES POLICY

All prices of the products displayed on the website are expressed in lei (RON) and include VAT.

Any User may use the website to place an order to the Seller.

The User can communicate with the Seller by accessing the Chat made available to him/her on the website, or via the email addresses and telephone numbers mentioned in the Contact section. The Seller is free to use the data received from the User, in accordance with the privacy policy, for the purpose of carrying out case studies, customer profile, customer behavior in order to improve services.

Regarding the purchase of the Ring Sizer product, the Seller makes efforts to offer this product free of charge or at a minimum cost, but will not cover the cost of transportation. Also, Teilor accepts the order of a single unit per order. In order to purchase more Ring Sizer products, please write to us at contact@teilor.com

7. INTELLECTUAL PROPERTY RIGHT

All materials used on the website are the intellectual property of the Seller. In the event of copyright infringement, the email address contact@teilor.com is provided.

The content, the logos, the stylized representations, the commercial symbols, the static images, the dynamic images presented on the website, are the exclusive property of the Seller.

It is forbidden to copy, distribute, publish, transfer, alter, use any Content in any context other than the original intended by the Seller, the removal of the signs that signify the copyright of the Seller on the Content.

The 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 the Terms and Conditions.

8. PERSONAL DATA PROCESSING

By using the contact or the service form present on the website, the User declares that he/she agrees to be contacted by the Seller by any available means, by filling in the information in the contact data: surname, first names, e-mail address, telephone number and understands that this data is to be processed in the Seller’s database in order to improve services and business relationships.

Regarding cookies, please refer to the Cookies Policy displayed on www.teilor.com

Regarding the general provisions on the protection of personal data, please refer to the GDPR Policy displayed on www.teilor.com

9. CONFIDENTIALITY

The Seller will keep the confidentiality of all information that the Buyer provides.

Teilor collects the following personal information through the website:

• Contact information (surname, first names, age, e-mail address, delivery address, telephone)

• Username and password

• Comments and other types of content provided by the Customer

• Information about personal interests

• Demographic information

• Location data (those derived from the IP address and delivery address)

• Information about the customer’s online activities (information about the device, about the browsing history and behavior) by using cookies

Teilor uses this information for the following purposes:

• To assess and improve the quality of services and products, for the analysis of products and the customer database, data analysis and other internal functions

• To communicate with the User via e-mail, mobile phone

• To keep up to date with relevant industry standards

• To respond to the Customer’s requests

10. THE ORDER

The Buyer places the Order by adding the products to the Shopping Cart and finalizing the Order when making the payment, choosing one of the methods specified by the Seller.

Any product added to the Shopping Cart is available for purchase as long as it is in the Seller’s stock. Adding a product to the Shopping Cart, without completing the Order, does not represent the registration of the Order, nor the automatic reservation of the product.

By filling in the order form and completing the payment, the Buyer assumes responsibility that all data provided are correct and complete at the time of purchase.

By completing the Order process, the Buyer agrees that the Seller may contact him/her by all stipulated means, when the situation requires it.

For the situations in which the bank issuing the Buyer’s card does not accept the payment - in case of online payment, or the data provided by the Buyer are erroneous or incomplete, the Seller grants the right to cancel the Order. He/she will issue a notice to the Buyer and will be exempt from any subsequent obligation.

11. INVOCING – PAYMENT

After completing the Order, the Seller will issue to the Buyer an invoice for the delivered products, based on the data provided by him/her, according to the legislation in force.

As a result of the contractual relations that exist between the Company TEILOR SRL, with the identification data mentioned above, and the company you represent, namely the natural person, as the case may be, we inform you about the fact that the personal data are processed for fiscal-accounting purposes.

What kind of data?: surname, first names, fiscal registration data (for companies), address, personal ID number and ID data, if applicable.

Purpose and duration?: the data transmitted above are essential elements in issuing and registering fiscal documents according to the legal provisions of art. 319 and others of the Fiscal Code for the fiscal invoice, as well as subsequently, in order to comply with the applicable legal obligations regarding archiving, since according to art. 25 of the Accounting law no. 82/1991, the invoices are archived for a period of 10 years. There may also be situations where the law obliges us to allow access to supervisory, tax and judicial authorities.

Your consent to the processing of your personal data is voluntary. However, if you refuse to express this consent, it will become impossible to issue the required documents, respectively to conduct business relations.

Rights: in order to protect the personal data you have entrusted to us and in view of Regulation 2016/679 of the European Parliament and Council (EU) of 27 April 2016 and entered into force on 25 May 2018, we inform you that in accordance with the above-mentioned Regulation, as well as other applicable national legal provisions, you have the following rights: access, rectification and, without infringing the tax provisions in force, deletion of your data, the right to withdraw your consent for data processing and the right to object to data processing, the right to restrict/limit processing, the right to data portability, the right to obtain human intervention in the event of an individual automated decision and the right to lodge a complaint with the data processing supervisory authority, as well as other applicable rights. For a complete analysis on the GDPR Policy, please analyze the www.teilor.com website.

The data operator is the company TEILOR S.R.L. with the identification data mentioned above.

12. DELIVERY OF GOODS

The seller will ensure the proper packaging of the products for optimal handling and transmission of documents required for delivery.

13. PRICE

The seller will make every effort to provide the correct information regarding the price and features of the products. Some features and/or prices may be incorrect due to human error. If the Buyer places an Order in which the product has the wrong price, the Seller has the right to cancel the Buyer’s Order.

14. ERRONEOUS CHARACTERISTICS

In case of placing an order in which the product has erroneous characteristics due to a human or technical error, the Seller will make every effort to deliver a product with characteristics similar to the ordered product. If the Buyer does not agree with this solution, the Seller has the right to cancel this order.

15. RETURN

For online purchases, customers benefit from a period of 14 calendar days for return.

For purchases from Teilor stores, the customer has 30 calendar days from the date of purchase, in which he/she can replace it with any other product in the store with a value at least equal to the initial one, only based on the fiscal receipt and only if it has not been worn and shows no signs of wear.

Before the expiration of the withdrawal period, the Buyer will inform the Seller of his/her intention to withdraw from the contract by filling in the return form displayed on the website or by sending an e-mail.

To return products online or in stores, please follow the steps in the “Return Conditions” section displayed on www.teilor.com

Important:

Only jewelry in the original packaging (TEILOR jewelry box) and accompanied by promotional materials related to the value of the transaction (cleaning rag, mirror, jewelry box) will be accepted for return.

Regarding the return of the products and the reimbursement of the equivalent value, they can be made only based on the fiscal receipt and only in the store where it was purchased from, in accordance with legal provisions (Law no. 449/2003 on sale of products and associated guarantees, republished, with its subsequent amendments and completions), namely: the refund of the value of the product is granted only if it has a manufacturing defect that is not attributable to the buyer and the product cannot be brought into conformity (repaired) or cannot be replaced with a new, identical product.

Customised jewelry, due to the fact that they are created and produced to order, cannot be returned (in accordance with the legislation in force). Jewelry that is created and made only to order cannot be returned.

The seller will bear the transport costs related to the return in the following situations:

The products show severe damage that makes them non-compliant

The delivered products are different (specifications, quantity etc.) from the placed order;

The products have manufacturing defects;

The buyer will bear the return shipping costs if he/she wishes to change the product for reasons not related to the conditions expressed above (severe damage to delivery, discrepancies between the Order and the delivered product, manufacturing defects).

The buyer will not be able to return the purchased products and/or will not claim any other compensation, in the following situations:

  • The return request is made after the 14 calendar days deadline.

  • The returned product is not in the same condition in which it was delivered, accompanied by the related documents.

The buyer will be informed in the order confirmation e-mail if it is returnable or not and if there are costs in case of return.

If the Buyer does not return the products correctly packaged for handling, the courier designated by the Seller to pick it up at his/her expense is entitled to refuse to take over the package.

If the Buyer chooses a different return means than the one agreed by the Seller, the Buyer is responsible for any packaging and handling irregularities found upon receipt of the return.

The Seller will refund to the Buyer the amount received within 14 calendar days from the date on which he/she receives the withdrawal request from him/her, by bank transfer to the IBAN account specified in the return form.

16. WARRANTIES

All products sold by the Seller benefit from warranty conditions in accordance with the legislation in force in Romania.

The warranty certificate issued by TEILOR, tax code 15997524, J03/1681/2003, certifies that Teilor products - rings, earrings, bracelets, necklaces, pendants, watches - meet the parameters and quality requirements in accordance with the rules in force. The warranty period for gold jewelry is 2 years for any non-conformity existing at the date of sale.

The authenticity and characteristics of the precious material - 14K gold (585 ‰) / 18K gold (750 ‰), as well as the precious stones inlaid in the jewelry frame are guaranteed for life. The products purchased between 15.11-24.12.2020 can be changed until January 31, 2021, only accompanied by the receipt and only if they have not been worn and do not show signs of wear due to improper handling. Consumer rights are in accordance with art. 16 (1) of Law 449/2003 (12).

The consumer’s rights are not affected by the warranty conditions set out in this Certificate. Through this warranty certificate, we assure you that Teilor jewelry is marked in accordance with its own warranty marking and title mark, which is authorized by the National Authority for Consumer Protection - Directorate for Precious Metals. This warranty certificate certifies that the jewelry is made of gold.

Gold can be yellow, white or pink. Gold is obtained by alloying the precious metal with a mix of metals that gives it its specific colour. To intensify the luster of white gold jewelry, it is coated with rhodium. The rhodium layer can wear out in 6-12 months and the jewelry can lose its shine. Zirconium stones can fade over time.

For stones inlaid jewelry, in case of their detachment/fall during the warranty period, the seller will replace them free of charge, within 15 days, only if this is not attributable to the buyer. The warranty does not cover damage to the jewelery due to non-compliance with the indications mentioned in the certificate, accidents, negligence, improper use or other factors unrelated to defects in material or workmanship.

Repairs for products covered by the warranty will be carried out free of charge within 15 days, under the conditions of art. 16 (1) of Law 449/2003 (12), if it is confirmed that a labor defect was the cause of such damage.

17. TRANSFER OF GOODS

The ownership over the products will be transferred upon delivery, after the Buyer makes the payment to the address indicated in the Order. Delivery means the signature of receipt on the transport document provided by the courier or the signature of receipt on the fiscal invoice in case of picking up the products from the actual locations of the Seller.

18. APPLICABLE LAW

These Terms and Conditions are subject to the laws of Romania. Any disputes between the Seller and the Users/Buyers will be settled amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts.

19. MISCELLANEOUS

19.1. The Company reserves the right to periodically update these Terms and Conditions (e.g. to comply with changes in legislation or services provided by the Company). Registered users will be notified of any updates/changes to the Terms and Conditions and will be required to agree to the updated Terms and Conditions.

19.2. In order to ensure compliance with the conditions of access to the website and use of the services, the user must verify at the time of each visit to the website the terms and conditions of use of the website. The use of the website and/or any services, even in case of the user’s omission to analyze the applicable terms and conditions, represents the express agreement of the user to accept the respective conditions.

19.3. Data protection: insofar as, in addition to the information presented above, you consider that you need additional clarifications regarding the issue of personal data, you can contact us at the following e-mail address: gdpr@teilor.com or at the address of the registered office of the operator mentioned in the introductory part.

19.4. For any non-compliance with this set of rules, observation, complaint or problem related to the website, please write to us at: contact@teilor.com