Terms and Conditions

Terms and conditions

1.GENERAL PROVISIONS

The present Regulation provides the general conditions and requirements regarding the processing of personal data of Viorica-Cosmetic JSC Clients/Clients by the Advertising and PR Department.

This Regulation is based on the provisions of Law No. 133 of 8 July 2011 “On personal data protection” and “Requirements for ensuring the security of personal data when processing them within the framework of personal data information systems”, approved by Government Decision No. 1123 of 14 December 2010, Eelctronic Trade Act no. 284 of 22.07.2004 and the law on Client protection, Government Decision no. 1465 on the approval of the rules for the replacement of non-food products and the warranty terms of 18.12.2003.

This document (together with all documents referred to therein) sets out the Terms and Conditions governing the use of the website www.viorica.md (hereinafter “viorica.md” / “Site”) and placing orders for products through this Site (hereinafter referred to as the “Terms”).

Any product or service offered through this Site is addressed to individuals, hereinafter referred to as “Client” / “Clients”, who purchase/ access them for their own use without resale purpose. Viorica-Cosmetic has no obligation or liability resulting from the successive resales of products and / or services performed by Clients.

Our Terms and Privacy Policy (collectively the “Data protection policies”) are required to be read prior using the Site and placing orders hereby. By accessing and using this Site and / or placing an order hereby, it is considered to be expressly acknowledged the binding nature of the data protection terms and policies and the liability to comply with these terms and data protection policies.

If the data protection terms and policies are not fully accepted, the Site shall not be used. The company reserves the right to revise these Terms without prior notice. Terms specified on viorica.md will apply when the order is being placed.

Any questions regarding the terms or data protection policies can be adressed at any time at onlinemagazin@viorica.md. The Contract (as defined below) can be concluded, If express agreement is given to this effect.

All time limits provided herein shall be interpreted in calendar days. Where the last day of the period is a non-working day, the period shall be extended until the first following working day

2. WEBSITE OPERATOR

The website operator of www.viorica.md is the company VIORICA-COSMETIC JSC., founded under the law of Republic of Moldova, based in Chisinau mun., Mesager no. 1 Str., tax identification number 1002600033793, registered on 22.02.1996.

3.CLIENT DATA

The personal information or data provided by the Client will be processed in accordance with the Data protection policies. By using this Website and/or placing an order for a product on viorica.md, the Client is considered to give express and unequivocal consent for the processing of such information and data and declares that all of the information and data provided are true and accurate, and that prior written consent of the holder of the information and/or data has been obtained, in case the information and data that is provided through this Website belong to third parties.

The following categories of personal data are processed:

  • name, surname;
  • date and place of birth;
  • mobile phone number;
  • email address;
  • telephone / fax number;
  • address;
  • workplace;
  • geolocation/traffic data;
  • signature.

The personal data that are the subject of the present Regulation shall be collected by the person in charge within the Company for the purpose of identification of the persons concerned, strictly for the time necessary to achieve the scope for which the data are being processed, and at the expiration of that period, the records shall be destroed or removed, depending on the host/device on which they were performed. In case of obligations expressly provided by law, the data may remain in storage and receive the status of archival document.

Any use of personal data for purposes other than those mentioned above is prohibited.

The processing of information containing personal data in the record system of the Viorica online store is carried out during the contractual relations between the Viorica-Cosmetic JSC and the Client / consultant / buyer. At the expiration of the above-mentioned deadlines, the data in the system are kept in archived form, for a period of 6 years for primary documents justifying the economic operations – 6 years, period according to the indicator of the standard documents and their archiving deadlines for public administration bodies, institutions, organizations and enterprises of the Republic of Moldova, approved by the State Archive Service no. 57 of 27.07.2016.

4.USE OF THE SITE

By using this Site and/or placing any product order on the Site, the Client undertakes:

  • To use this Site exclusively to submit legitimate questions or make legitimate orders.
  • Do not place any false or fraudulent orders. If there are reasonable grounds to believe that such an order has been made, the Company has the right to cancel the order and inform the competent authorities accordingly.
  • Provide a correct and accurate email address, postal address and/or other contact details. Likewise, the Client expresses consent for thi sinformation to be used by the Company in the event that this is necessary (see the Privacy Policy).

If all the information required is not provided, it is possible that the completion of order will fail.

By placing an order through the site, the Client declares that he/she is over 16 years old and has the legal capacity to conclude contracts.

Client account

Each Client has the opportunity to create a Client account on the platform viorica.md, to become a member viorica.md and benefit of all the advantages of registering an account.

Client is solely responsible for maintaining the privacy and security of the account. Client is also solely responsible for all activities carried out through or in connection with the account and agrees to notify Viorica-Cosmetic immediately of any unauthorized use of the account or any other breach of security. Viorica-Cosmetic JSC shall not be liable for damages resulting from unauthorized use of the account.

During the campaigns for members of viorica.md which involve sending mini samples or promotional materials, these shall be sent only to Clients residing in the Republic of Moldova.

Fraud

Attempts of unauthorized access of the Site, including, but not limited to, any attempt to access personal data of another Client, to change the content of the site viorica.md, or to affect the performance of the server on which it is running, shall be considered as attempted fraud and will be reported to the competent authorities, which shall be followed by criminal investigation of those responsible of fraud.

Communication

Opinions or statements containing insults or inappropriate language will be deleted from the site or ignored.

By using the contact form or the service on the site, the Client allows Viorica-Cosmetic to contact him by any available means, including electronic one.

The complete or partial filling of the contact form and it submission in no way represents a commitment of Viorica-Cosmetic to contact the Client.

Cookies

Website viorica.md uses its own cookies and cookies installed by third parties, such as Google, to offer the best possible experience on the site. The cookies used on this Site provide valuable feedback and help the Company to improve the online experience.

An “Internet Cookie” is a small file consisting of letters and numbers that will be stored on a user’s computer, mobile device or other equipment from which the Internet is accessed. It is not a virus and does not require personal information to be used.

Cookies provide the user a pleasant experience of navigation, and support the efforts of the many websites to provide users comfortable services, as they hold important information, which will improve the experience of browsing the Web (ex: language settings to access a site; keeping a user logged in; online banking security; keeping products in the shopping cart, etc.)

Some browsers give the poossibility to control Cookies in order to disable them. However, it is to be noted that disabling cookies may also lead to a decrease in the quality of viorica.md visits.

See details in the Privacy Policy.

  • ORDERS

The order is made through our order system, by filling in the order form or by telephone to the phone number specified on the Site. All orders are subject to prior confirmation, which shall be informed by a confirming email sent to the email provided, confirming the delivery of the product (“Delivery confirmation”). By completing the order the Client agrees that all the data provided, which are necessary for the purchase process, are correct, complete and true at the time of placing the order.

If a Client changes their personal data, using the forms available on the Site, all ongoing contracts existing at the modification time, shall be processed according to the intial data as defined/accepted by the Client before the modifications.

All product orders depend on the availability of products in stock. In this regard, in the event of difficulties in supply or if the products are no longer in stock, the Company reserves the right to inform the Client regarding the replacement products of equal or higher quality and value that were initially ordered. If the Client does not want to order these replacement products and if  the payment for the ordered products has been already received, the Company shall refund the Client in full any amounts that have been paid.

Viorica-Cosmetic reserves the right to refuse full or partial acceptance of an order placed by the Client, without any subsequent obligation of either party to the other or without any party being able to claim damages against the other, in the following cases:

a. products are not available in stock;

b. payment is not completed;

c. the Data provided by the Client on the Site are incomplete or incorrect;

d. the activity of the Client on the Site may and/or does cause damages of any nature to Viorica-Cosmetic and/or its partners;

e. there is one or more confirmed and unreceived orders.

We reserve the right to remove any product from this Site at any time at our discretion and/or to remove or modify any material or information from this Site. Although the Company makes all efforts to always process all orders, there may be exceptional circumstances that determine the unability to process an order after sending the Order Confirmation message and the Company reserves the right to do so at any time. The Company will have no liability to the Client or any third party for the removal of any product on this Site, for the removal or modification of any material or content on this Site, or for the non-processing of an order after the Order Confirmation message has been sent.

Viorica-Cosmetic will notify the Client of the unavailability of an ordered product, the Client having the opportunity to accept or refuse partial order. For order status information call the phone number 022 836 238, Monday to Friday, between 8-16, or send an email to onlinemagazin@viorica.md.

Orders placed from Monday to Friday will be processed within 24 hours from submission, orders placed on Saturdays and Sundays will be processed every Monday. If these data change, the new deadlines will be announced both on the website and electronic communication.

  • CONTRACT CONCLUSION

The information provided in the Terms and data contained on this Site does not represent a selling proposal, but rather an invitation to proposal. There will be no contract between the Client and Viorica-Cosmetic in relation to any product until the order is expressly accepted by the Company. If the offer is not accepted and funds have already been withdrawn from the Client’s account, these shall be refunded in full.

The contract for the purchase of a product (“the Contract”) shall be concluded only at the time of the Delivery confirmation sending.

  • PRODUCT PRICE

The price of each product is as stipulated on the company’s website, unless there is an obvious error. The Company assumes the obligation to correctly indicate prices on the Site, but errors are possible. If a price error is discovered for any product(s) in the Client’s order, the Client will be informed as soon as possible and given the option to reconfirm the order at the correct price or cancel it. If the Client can not be contacted for reasons not imputable to the Company, the order will be considered canceled, and if the product(s) is already paid, the payment will be refunded in full.

The Company has no obligation to sell any product at an incorrect lower price (even if the Client has received the Delivery confirmation), if the price error is obvious, unmistakable and could reasonably have been identified by the Client as an error.

The prices displayed on the website include VAT, but do not include delivery costs, which will be added to the total amount due, as specified in the ”How do I buy? – What are the delivery costs?”

Prices may be revised at any time without prior notice, but (with the exceptions mentioned above), no potential change will affect any order for which, prior to the price change, a Delivery confirmation has already been sent.

Different types of discounts are offered in the online store. Any discount code may only be used once unless explicitly stated otherwise. Promotions and discounts can not be cumulated with other promotions and discounts offered in retail stores Viorica-Cosmetic.

  • PRODUCT PAYMENT

After the Client has selected all the products to be baught by adding them to the shopping cart, the next step is to go through the process of completing the order and making the payment. In order to do so, the Client must follow the steps in the purchase process, filling in or checking the required information at each step. Moreover, throughout the purchase process, before making the payment, the Client can change the order data. Also, if the Client is a registered member, a history of all orders placed by him will be available in the “My Account” section.

The payment methods are:

a. Courier refund

b. Online

Payment is performed in complete safety, free of additional fees. Card data is processed through the VictoriaBank payment processor, and viorica.md does not request or store any Client card details. In order to finalize the transaction, the Client must provide code card (all the numbers in the four groups on the front of the card), expiry date and last three digits on the back of the card printed on the signature tape (depending on the type of card, these may not be available).

Credit cards are subject to validation and authorisation checks by the issuing institution. If the Company does not receive the necessary authorization, it shall not be liable for any delay in the delivery of the ordered products or, as the case may be, non-delivery, and the Contract will not be cocluded with the potential Client.

Secure Socket Layer (SSL)

Viorica.md website use SSL encryption on all web pages where payments are made. To be able to shop through these services, browsers that allow SSL, such as Firefox, Safari, Google Chrome, Opera, Internet Explorer shall be used, or other compatible ones in order to ensure the protection of the Client’s personal data.

3D Secure

3D-Secure is an anti-fraud system developed by Visa and Mastercard. The use of this system allows to increase the security of online transactions. In case of loss or theft, the card enrolled in 3D Secure, can not be used by third parties for online shopping.

The authentication process does not require the installation of any special applications or make it difficult to browse the internet.

5.DELIVERY

Subject to the provisions of Paragraph 5 above regarding the availability of products, except cases of exceptional circumstances, the Company will make every effort to complete the order with the item(s) listed in the Confirmation of the order by the date specified in the Delivery confirmation, or, if the estimated delivery date is specified, within the estimated time frame shown in the selection of the method of delivery, and, in any event, no later than 30 calendar days from the date of the Delivery confirmation.

However, delays may occur for reasons such as unforeseen circumstances or the delivery area.

If, for objective reasons, the Company is unable to meet the delivery date, the Client will be informed of this situation and given the option to keep the order with a new delivery date or cancel the order with a refund of the entire amount paid. To be noted that no delivery is performed on Sundays.

In regards of the present Terms, it is considered that the “delivery” has been completed or the order shall be deemed to have been “delivered” when the Client or a third party indicated by the Client enters in physical possession of the goods, fact that is supported by the signature of the receipt of the products at the agreed delivery address.

If the order does not reach the Client during the estimated delivery time, he/she can contact the Company at the phone number 022 836 238 or e-mail address: onlinemagazin@viorica.md.

In the case of delivery by courier, if the Client is not found at the specified address within the agreed time frame, the courier will return again after getting in touch with the Client, if second delivery attempt fails the order will be cancelled and the goods returned to the headquarters of Viorica-Cosmetic, the Client being expected to pay for the second delivery, regardless of the value of the products ordered. In this case, the delivery address of the parcel will be confirmed with a Viorica-Cosmetic S. A. Client support operator, by telephone or by e-mail.

If the packages show signs of damage (broken package, opened, etc.) the Company recommends the Client to refuse to pick up the package and inform on this fact at the email address onlinemagazin@viorica.md.

After opening the package, if it contains damaged products, or products that do not correspond with the invoiced ones, the Client is to contact the Company within 24 hours of receiving the package at the email address onlinemagazin@viorica.md and attach a picture of the products or package.

Viorica-Cosmetic JSC is not responsible for product defects arising from handling or transportation by the Courier.

If the delivery and/or order initialization deadlines cannot be met, Viorica-Cosmetic JSC will notify the Client of these issues and of the estimated delivery deadline, without any party being able to claim the other damages regardless of the situation that caused the delay.

Delivery of products can be made only in Republic of Moldova.

Delivery methods

a. Courier

B. Post Office of Moldova

The Courier will attempt delivery to the delivery address mentioned on the order completion page. If delivery is not completed, the package will be returned to Viorica-Cosmetic and the order will be canceled, the Client will bear the costs of a new delivery, regardless of the value of the products ordered.

  • TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

All risks related to the products (including loss and damage) will accrue to the Client from the time of delivery, when the Client or a third party designated by the Client, other than the Courier, enters into physical possession of the products.

Ownership of the products will be transferred to the Client only after full payment of all amounts due for the products is received, including delivery costs, or on delivery (as defined in Article 9 above), if this occurs at a later date. The legal ownership of the products will immediately return to Viorica-Cosmetic if any such payment is refunded to the Client.

  • PRODUCT RETURN POLICY

Government Decision Nr. 1465 of 08-12-2003 on the approval of the Rules for the replacement of non-food products and the terms of warranty Annex 2, provides that articles of perfumery and cosmetics of adequate quality can not be replaced by similar products.

Free remedy of deficiencies of the product, free replacement or refund of the value of the product, within the warranty period or shelf life, deficiencies that are not attributable to the Client, is made unconditionally within a period of not more than 14 calendar days from the date of the complaint submission by the Client.

In the case of cosmetic products which do not meet the prescribed or declared requirements, at the request and option of the Client, the products shall be replaced or returned.

The equivalent value of the product sold shall be refunded immediately after the impossibility of its use is established, if the deficiency is not attributable to the Client and if the Client has refused to remedy or replace the product.

When the product is returned, the price of the product on the date of examination of the complaint will be taken into account – if its price has increased, and the price on the date of purchase – if its price has decreased. The reduction of the price for the improper product is made at the agreement of the parties.

  • COMPLAINTS MANAGEMENT. GUARANTEE

In case of adverse/unpleasant effects as a result of the use of the products, the Client is asked to notify the Quality Control Department of Viorica-Cosmetic JSC, describing in detail the problem, for a correct and relevant evaluation by the specialists. For this it is advisable to send an email to the address onlinemagazin@viorica.md.

Legal guarantee of compliance

The warranty conditions are in accordance with the Law XXX on the sale of products and their associated warranties and the Law on Client protection.

In the event of non-conformity, the non-conforming product must be presented in the original packaging, together with the related accessories and proof of its purchase. If the products arrive unaccompanied by these documents, the products may be returned to the applicant without the guarantee being refunded.

  • INTELLECTUAL PROPERTY AND COPYRIGHT

This site is protected by copyright.

All of the content on the site www.viorica.md including the text, images, graphics, audio and video files, trademarks, service marks, industrial designs, trade names are the sole and exclusive property of Viorica-Cosmetic JSC, and may not be reproduced, modified, transmitted, reused, appropriated, utilised or used for public or commercial purposes, without obtaining the prior written consent of Viorica-Cosmetic JSC. Viorica-Cosmetic JSC is the only entity empowered to use intellectual and industrial property rights and related advertising rights, it does not grant any license or any other right other than to consult the Site.

Any reproduction or representation, in whole or in part, of the site or of any of the elements that compose it, regardless of the support or form, for other purposes, in particular commercial, are expressly prohibited.

Any request for authorisation must be sent to the following address: Viorica-Cosmetic JSC, mun. Chisinau, Mesager 1 str. Any unauthorized use, infringement of copyright or other intellectual and industrial property rights may result in civil or criminal proceedings.

  • DIVESTMENT AND SUBCONTRACTING

The contract concluded between Viorica-Cosmetic and the Client is binding on each of the parties.

The Client may not transfer, assign, strike or otherwise alienate a Contract or any of its rights or obligations arising therefrom without first obtaining the written consent of Viorica-Cosmetic.

Viorica-Cosmetic JSC may transfer, assign and/or subcontract or otherwise alienate a Contract or any of its rights or obligations arising therefrom at any time and throughout the term of the contract. For the avoidance of ambiguity, any such transfer, assignment, strike or other alienation shall not affect the legal rights of the Client as a consumer and shall not void, reduce or otherwise limit any warranty that has been granted to the Client, either expressly or implicitly.

  • NOTIFICATIONS

Viorica-Cosmetic S. A. may send notifications regarding the activity of the Company and the website viorica.md to the e-mail address indicated in the notification subscription form, or by any other means of communication. Receiving notifications involves selecting the appropriate option by filling out a form by the Client on viorica.md site or through a campaign page of the company Viorica-Cosmetic, as well as unconditional acceptance of the Terms, if the Client has not already expressed such an agreement.

Client data may and will be used by Viorica-Cosmetic JSC. for the purpose of sending notifications within the limits of the Privacy Policy.

Waiving the receipt of notifications by the Client can be done at any time by the following methods:

a. Using the special link in the newsletters.

b. By contacting Viorica-CosmeticJSC in accordance with the contact information, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other party.

Waiving the receipt of notifications does not imply waiving the consent given to the Terms.

Viorica-Cosmetic JSC reserves the right to select the persons to whom it will send notifications as well as the right to remove from its database any Client who has previously expressed consent to receive notifications, without any subsequent commitment from Viorica-Cosmetic, or any prior notification thereof.

Viorica-Cosmetic JSC will not include in the notifications sent to the Client any advertising material in the form of content referring to any third party who is not a partner of Viorica-Cosmetic at the time of sending the newsletter.

  • DISPUTES

Any relationship established through the purchase of products or services through the Site is regulated and interpreted in accordance with the legislation of the Republic of Moldova, and the Client agrees to comply with the exclusive jurisdiction of the competent courts of the Republic of Moldova.

Any conflict between Viorica-Cosmetic and other party is subject to an amicable settlement. If a common settlement is not reached by this method, jurisdiction rests with the courts of the Republic of Moldova.

  • TERMINATION

Viorica-Cosmetic reserves the right to terminate the activity of the Site without any prior notice.

  • OTHER CLAUSES

These Terms and any document expressly referred to constitute the entire agreement between Client and Viorica-Cosmetic with respect to the subject matter of any Contract and supersedes any prior verbal or written agreement, understanding or arrangement between Client and Viorica-Cosmetic.

Viorica-Cosmetic reserves the right to make any changes to these provisions, as well as any changes to the website/its structure, including changes that may affect the website and/or any content without prior notice to the Client. Viorica-Cosmetic JSC cannot be held responsible for any errors on the Site for any reason, including due to changes, settings, etc., which are not made by the site administrator.

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