1.GENERAL OUTLINE

By this the sale of products is established from the online store www.herbagen.ro, property of S.C. GENMAR COSMETICS SRL, legal trading company established under the laws of Romania, headquarters in Bucharest, Sos. Mihai Bravu, no. 4, bl. 69C, ap. 44, district 2, registered with the Trade Registry under no. J40/463/1994, CUI RO5126183, social capital of 100.00 RON, bank account no. RO39 RNCB 0090 0005 0761 0001 opened at B.C.R. – LIPSCANI, tel. 4 021 / 423.36.09; 021 / 423.22.15, fax. 021 / 423.36.31.

Placing an order implies your agreement of the present terms and conditions and the usage of electronic email (email) as means of long distance communication. In order to fully enjoy our website, please carefully read all the terms and conditions. We reserve the right to change these terms without prior notification. You hereby agree and accept that, without prior notice, we can remove or add any information on the website or suspend website activity, and in case referrals are made to other sites we do not guarantee and/or confirm in any manner the information you will come across on those websites. You can decide if you want to visit these websites or not and whether or not you will take the information found there under consideration.

2.PRODUCTS

The www.herbagen.ro store is specialized in marketing cosmetic products that contain natural origin and bio ingredients, to any person, Romanian or foreign, over the age of 18.

For each of the products posted on the mentioned website, S.C. GENMAR COSMETICS SRL commits to displaying all their essential characteristics, so that the buyer may have correct identification and comparison means to make their choice. S.C. GENMAR COSMETICS SRL reserves the right of changing the characteristics of displayed products without notice. Images on the website are exemplary and shipped products may sometimes differ from the images presented.

Marketed products respect current Romanian legislation. S.C GENMAR COSMETICS SRL cannot be held accountable for the misuse of its cosmetic products.

3.SHELF LIFE

The shelf life for S.C. GENMAR COSMETICS SRL cosmetic products marketed via the website is the one written on the packaging for each product.

4.YOUR REGISTRATION OBLIGATIONS

In order to purchase products from herbagen.ro you must accept the present terms and conditions, create an account and then order the product(s) desired, by following these steps:

• Choose your desired products using the “Add to cart” button available next to every product. After finishing your shopping list, you may preview and change your order by pressing the “Shopping cart” button;
• Checking the details of the order: in order to successfully finalize your order, you must fill in the necessary details, name, surname, telephone, email, delivery address and payment methods (payment upon delivery, bank account, online payment, etc.)

Placing the order. After pressing the “Send order” button, the products, delivery address and payment method are verified. If all this information is correct, the order will be processed by our operators. If you have chosen the credit card payment method, you will be redirected to the payment window.

Once the order is sent, you will receive an email at the address filled in the user profile (that also features confirmation of your order, the price of products ordered and delivery details). Likewise, a GENMAR representative will contact you by phone in the shortest timespan in order to validate the order details.

5.PAYMENT CONDITIONS AND METHODS

Methods are described “Payment“

6.DELIVERY

The process is described “Delivery“

7.THE RIGHT TO UNILATERALLY DROP OUT OF THE CONTRACT

According to Ordinance no. 130/2000 regarding consumer protection upon concluding and following through distance contracts:

The consumer has the right to unilaterally denounce the contract within 10 working days, without penalties and without having to present a reason. The only costs that may fall under the purview of the consumer will be the direct costs of returning the products.

The notification shall be dated, signed and sent by you via post at: Doina Street no. 2, district 5 Bucharest, for the Sales Department. In the case mentioned above, you will return, within the designated timeframe the purchased product with its original packaging, without any signs of wear and tear. You will handle shipping expenses. Products must be returned in their original packaging to Doina Street, no. 2, district 5, Bucharest, Monday to Friday between 09:00 and 17:00.

S.C. GENMAR COSMETICS SRL commits to return the sums cashed for the returned items within 30 days since your denouncement, provided the above mentioned specifications were met.

Opening individual packages that contain the ordered products is equivalent to accepting the order.

8.LIMITATIONS OF LIABILITY

S.C. GENMAR COSMETICS SRL cannot be held accountable for failing to deliver an order due to extenuating circumstances.

9.COMPLAINTS

Complaints pertaining to any issues related to order delivery can be sent to Doina Street, no. 2, district 5, Bucharest, telephone no.: 021 423 22 15, fax no.: 021 423 36 31 as well as to cosmetics@genmar.ro.

10.PROTECTION OF PERSONAL DATA

According to law no. 677/2001 regarding the protection of personal data and the free circulation of said data, modified and annexed and law no. 506/2004 regarding the processing of personal data and the protection of private life within the electronic communication sector, SC GENMAR COSMETICS SRL, registered at A.N.S.P.D.C.P with number 1562, is obligated to manage within the safest conditions and solely for the purposes outlined, the personal information you supply us with.

By supplying us with the following personal data: email, username, password, password confirmation, name and surname, address, telephone, you, as described by law 677/2001, henceforth give your free and informed consent to allow your personal data to be stored in the SC GENMAR COSMETICS SRL databases, to be processed and used in the future by SC GENMAR COSMETICS SRL, while strictly following the laws linked to person protection, personal data processing and the free circulation of this data.

All those who have supplied personal information are persons concerned, according to law no. 677/2001.The purposes of collecting and processing your personal data by S.C. GENMAR COSMETICS SRL are:

Email submissions of offers, promotions, advertising and marketing messages from SC GENMAR COSMETICS SRL related to SC GENMAR COSMETICS SRL marketed products, campaigns and organized competitions from SC GENMAR COSMETICS SRL, if you have ticked the “Sign up for the newsletter” option (when you created an account on herbage.ro) without any further obligations or payments from SC GENMAR COSMETICS SRL towards you;

Conducting internal statistics, without any further obligations or payments from SC GENMAR COSMETICS SRL towards you;

The organization of contests and advertising campaigns with prizes;

Correspondence retail trade (including electronic trade), including order confirmation, shipping, issuing invoices, registering bills and payments and resolving any issues related to the order, shipment and payment.

If you have created an account on www.herhagen.ro, S.C. GENMAR COSMETICS SRL will process the personal data you supplied when filing in the new account form (email, username, password, password confirmation) during the time your account exists, and following the removal of your account, S.C. GENMAR COSMETICS SRL will transform your personal data form (email, username, password, password confirmation) into anonymous data and process them from a statistical point of view for the duration of the company’s existence.

Personal data such as your name, surname, address, phone number supplied for an order (the purchase of products from herbage.ro) will be processed by S.C. GENMAR COSMETICS SRL for the duration of time stipulated by the law for keeping accounting records of orders and payments you have made with the purpose of buying products from herbagen.ro.

Through the order placed you agree to reveal your persona data to the following third parties: prospective purchasers of the herbagen.ro site (by sale-acquisition or other means of purchasing the site), S.C. GENMAR COSMETICS SRL proxies that will be processing the data in the name of S.C. GENMAR COSMETICS SRL while respecting law no. 677/2001, the NEMO EXPRESS courier company that ensure the delivery, the IT company that handles the optimal functioning of the website (currently that is SC CONNECT MEDIA AGENCY SRL, which can be replaced with another company in the future according to the exclusive option of S.C. GENMAR COSMETICS SRL and to which you have agreed by placing an order).

According to law no. 677/2001, you have the right to access, to change your data, the right to be held accountable to an individual decision and the right to claim action. At the same time, you have the right to refuse the processing of personal data and to request they be removed. In order to exercise these rights, you may send a dated, signed written request to S.C. GENMAR COSMETICS SRL at Doina Street, no. 2, district 5, Bucharest.

11.JURISDICTION

All sales of S.C. GENMAR COSMETICS SRL are considered to take place at S.C. GENMAR COSMETICS SRL at Doina Street, no. 2, district 5, Bucharest, which constitutes the place where the obligation began and where the payment is done. Any litigation between customers and S.C. GENMAR COSMETICS SRL will be resolved amiably. If both parties are unable to do so, then it shall be resolved by the competent judicial courts.

12.OWNERSHIP TRANSFER

The ownership transfer on products ordered on herbagen.ro takes place when the distance contract is in place, meaning when you have received the message from our operator that confirms your orders and sets up the delivery details. The place where the contract is closed is S.C. GENMAR COSMETICS SRL at Doina Street, no. 2, district 5, Bucharest.

13.APPLICABLE LEGISLATION

Law no. 365/2002 regarding electronic commerce; the Government Ordinance no. 130/2000 regarding consumer protection upon closing and applying distance contracts, republished with the modifications and additions, law no. 677/2001 for the protection of personal data and their free circulation modified and added, law no. 506/2004 regarding the process of personal data and the protection of private life in the electronic communication sector.