Introduction and Acceptance of the Terms and Conditions

The general Terms and Conditions detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘Ophori‘ (hereafter also referred to as ‘We’ or the ‘Website’, Ophori Cosmetics S.R.L. registered in Romania (no.  J8/1824/2020), tax identification number (TIN) 43049695), contact: office@ophori.com, belonging to the INSERT NGO, headquartered in Brasov, str. 13 Decembrie no.9, bl G9, ap. 7, non-profit organisation registered in RAF (Romanian register for NGOs) no. 74 / 25.09.2019 and the TIN (tax identification number) no. 41747225. Both parties accept these Conditions unreservedly. These general Conditions are the only conditions that are applicable and replace all other conditions, except in the case of express written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions. These Terms and Conditions are important to you and Ophori as they are used to protect your rights as a valued customer and our rights as a beneficiary.

Changes to the Terms of Service and the Website

Ophori.com is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.

Access to the Website

We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time, for any length of time.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any purchase in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.

We do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

Product information

Ophori.com takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.

Prices

The total payment amount on Ophori.com is displayed in lei (RON) and does not include delivery. Delivery costs are clearly displayed at the end of the order, in addition to the total payment amount you have chosen. Delivery costs are fixed because 100% of the amount is for the delivery company. If an incorrect price appears on our site and is not corrected in your total at the time of order completion, for whatever reason (human error, technical error, etc.), your order will be canceled and your payment will be refunded, even if it was initially validated.

Availability

We will always endeavour to fulfil your order once completed and payed for. If a product may become unavailable after your order has been confirmed and payed for, we will refund the price you payed for the product within 30 days following the date of payment. If your order includes products that are temporarily unavailable, we will send the available products out first and will follow with the outstanding items once they are available again.

Secure payment

Ophori.com currently offers three ways to pay for your order, mobilPay Card, Direct bank transfer and Cash on Delivery.

The payment options uses advanced SSL encryption to keep your transaction secure and does not cost you anything to use (Ophori.com is charged as the seller, you are not charged as the buyer) so you will not pay any extra for your order. You do not need to hold an account with these Merchants to use these methods of payments.

Cash on Delivery payment is available only for orders with the shipping address in Romania.

Delivery

Your order will be delivered to the address you indicated when your order was placed. We do not deliver outside of the European Union.

The shipping time of the package is 24-48 hours in large cities and 48-72 hours in small cities.

Ophori.com does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.

Please note that all orders require two days of manufacturing and packaging before being shipped.

Return

Ophori.com does not allow the return of cosmetic products.

Invoice

The products delivered are accompanied by the invoice.

Privacy and protection of personal data

The details you give us are essential for the processing and delivery of your orders, for billing and for the establishment of warranty contracts, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.

We collect personal information from you in various ways, for example:

  • if you supply personal information when using Ophori.com;
  • when you supply personal details in the course of registering support;
  • when you make a purchase through our partner mobilPay,  in which case mobilPay will provide us with this information – see also section headed Third Party Platforms below;
  • if you raise a query or issue with us.

The type of personal information we collect includes your name, email address, home (or work) address, phone number and other personal details which you may choose to provide. Any credit card or debit card data you provide is securely handled by mobilPay as our third party payment processors (or such other third party payment processor) as we use from time to time. We never store your credit or debit card details.

We may also collect information about your use of our Website (for example, the URL you came from; your browser type and the pages of our Website that were viewed during your visit). For more information on how we do this, please see the section headed ‘Cookies’ below.

You have the permanent right to access and rectify all the information that concerns you, in accordance with European texts and national laws in place (article 34 of the law of 6 January 1978). You can at any time make a request to Ophori.com to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.

Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.

Use of personal data

We may use your Personal Data about you for the following purposes:

  • providing you with access to our Website as well as administering or developing Website features or content;
  • direct marketing purposes, where you have expressly consented to us doing so in accordance with applicable law, we may contact you for these purposes by telephone or electronic message (e.g. email or SMS). We may also contact you by post from time to time, unless you have told us that you do not want to receive these communications. If you wish to update your Personal Data or opt-out of receiving further  marketing communications from us please get in touch at the address shown in the Contact section below;
  • administering any on-going order;
  • where you have agreed to take part in a survey or research;
  • we may also use tools to geo-locate a Romania IP address when someone lands on SITE HERE and offer them the opportunity to switch to our Romania Website through a pop up message; and/or we may switch them automatically
  • we may also occasionally use Personal Data for the purpose of profiling (see the Profiling section below).

We may also contact you for other purposes that you consent to from time to time.

Our cookie policy

By using this Website, you consent to us using ‘cookies’ and similar technologies that can track your activity. Cookies are small pieces of information sent by a web server to a web browser (e.g. Internet Explorer, Safari, Google Chrome or Firefox) on the computer or device you use to access this Website, which enables our server to collect information from your device browser.

Enabling some of these cookies is not strictly necessary for the Website to work but it should enable us to provide you with a better browsing experience. Cookies can be deleted or blocked through changing your web browser settings, however some features of the Website may not work as intended and you may not be able to access parts of the Website. The cookie-related information will not be used for personal identification of individuals and data relating to usage patterns on our Website is kept under our control. These cookies will used for the following purposes:

  • to improve Website usability;
  • so we can remember your device or computer between successive actions or sessions; and
  • to perform anonymous statistical analysis to improve functionality of our Website or any services we offer through the Website.

Please note that when accessing the web and clicking on third party links that may be provided when using our site, those third parties (including, for example, providers of external services that are relevant the Services we offer) may also use cookies on their websites, over which we have no control.

Our Website also makes use of Google Analytics and similar or related analytic products to store information that you send to the server when using the Website. This data includes IP address, pages accessed, and documents uploaded, modified or deleted. For more information about Google Analytics and its privacy practices, please see: https://support.google.com/analytics/topic/2919631?hl=en&ref_topic=1008008.

Third party platforms

This Website will link to third party websites that operate outside our control. For example, if you are a EU resident and wish to make a payment to us, we will direct you to a third party platform, mobilPay which are also subject to their own terms at https://www.mobilpay.ro/public/termeni-si-conditii. Both parties are appointed as a data processor to collect Personal Data in accordance with our instructions. See also the above section headed ‘International Transfers’ regarding international data processors that we use. We will ensure that your Personal Data is processed by those parties we appoint as data processors in accordance with your reasonable expectations and only as set out in this Privacy Policy. If you access any other third party website using the links provided on this Website, the operators of those websites may collect personal data about you under their own privacy policies, so you should check the terms of any applicable privacy policy when you visit such third party website.

We implement Google’s Invisible reCAPTCHA to protect our site from spam and abuse. Use of this service is subject to Google’s privacy policy and terms.

Our email newsletters are registered and sent by MailChimp which is subject to its own terms at https://mailchimp.com/legal/privacy/. The party is appointed as data processor to collect Personal Data in accourdance with our instructions.

Intellectual ownership

All the content on Ophori website (illustrations, texts, names, brand names, images and videos) is the property of Ophori.com. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by Ophori.com. All information, content and files is protected by International law concerning intellectual ownership and copyright. Ophori.com gives the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.

Ophori.com will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.

Waiver and Severability

Any failure of Ophori.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Ophori.com, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Feedback & Comments

Any opinions left on the Website by Ophori.com customers are screened and moderated by Ophori.com. If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), Ophori.com reserves the right to refuse or modify it.

Contact

If you have further queries or requests relating to how we use Personal Data please contact our Romania data protection officer at office@ophori.com. If you are not satisfied with our response or believe we are processing your Personal Data not in accordance with applicable law you can complain to the Romanian National Supervisory Authority for Personal Data Processing.

Governing law

This Privacy Policy is subject to Romanian law. To the maximum extent legally permitted, you agree that any dispute relating to use of your Personal Data as referred to under this Privacy Policy is subject to the exclusive jurisdiction of the courts of Romania.

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