Latest version: 08 May 2019.
This document (together with all the documents mentioned therein) sets out the terms and conditions governing the use of this website www.thescarfstreet.com (hereinafter referred to as " "the scarf street" / "Site" / "Website") and placing product orders through this Website (hereinafter referred to as the " Terms ").
If you do not fully accept the Terms and Privacy Policiy, do not use this Site. These Terms may change. You are responsible to fully read them, as the most current Terms and Privacy Policies will apply at the time of conclusion of the relevant contract (as defined below), or when using this Site.
The contract (as defined below) may be terminated, if you express the option in this respect, in any of the languages in which the Terms on this Site are available.
All the terms herein are interpreted as being expressed in calendar days. If the last day of the term is a non-working day, the time limit shall be extended accordingly until the first working day thereafter.
The sale of products through this web site is carried out under the name 'the scarf street' by MODA COUTURE S.R.L., a legal Romanian entity with headquarters in Oras Voluntari, Strada Iancu Nicolae no. 148, Villa 7, room no. 1, Judet Ilfov, registered with the Ilfov Tribunal of the Trade Register Office under no. J23/381/2018, CUI: 38770031, EUID: ROONRC.J23/381/2018.
YOUR DATA AND YOUR VISITS ON THIS WEB SITE
USING THIS WEBSITE
By using this Website and / or placing any order of products through it, you are required to:
- Use this Website exclusively to send legitimate questions or to make legitimate orders.
- Do not commit any fraud or fraudulent order. If we have reasonable grounds to believe that you have made such an order, we will have the right to cancel the order and inform the competent authorities accordingly.
If you do not provide us with all the information we need, we may not be able to complete your order.
By placing an order through the Website, you declare that you are over 18 years old and that you have the legal capacity to conclude firm contracts.
AVAILABILITY OF THE SERVICE
The products offered on this Website are available for delivery only on Romanian territory.
HOW TO CONCLUDE THE CONTRACT
The information provided in the Terms and Conditions contained in this Website does not constitute an offer for sale but an invitation to tender. There will be no contract between you and us about any product until your order is expressly accepted by us. If we do not accept your offer and funds have been withdrawn from your account, they will be fully refunded to you.
To place an order, you need to follow the online purchase procedure and click on "Payment Authorization". After that, you will receive an email from us confirming the receipt of your order ("Order Confirmation"). Please note that this does not mean that an order has been accepted because your order constitutes an offer you make to us regarding the purchase of one or more products from us. We will send you an electronic confirmation of dispatch of the product ("Dispatch Confirmation"). All orders are subject to acceptance by us and our acceptance is confirmed when the product delivery confirmation is recorded in the electronic log of our shipment provider ("Delivery Confirmation") for the products mentioned in the Dispatch Confirmation. The contract between us regarding the purchase of a product (the "Contract") ends only when Delivery Confirmation is recorded.
The contract will only refer to those products listed in the Dispatch Confirmation. We will not be required to deliver any other products that were or could have been part of your order until the delivery of the product has been confirmed by a separate Delivery Confirmation.
AVAILABILITY OF PRODUCTS
All product orders depend on the availability of the products in our stock. In this regard, in the event of supply difficulties or if the products are no longer in stock, we reserve the right to inform you of replacement products of quality and value equal or superior that you can order. If you do not want to order these replacement products and if we have already received the payment for the ordered products, we will refund you in full any amounts of money you have paid.
REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product on this Site at any time in a discretionary manner and / or to remove or modify any material or information on this Website. While we make every effort to always process all placed orders, there may be exceptional circumstances requiring us to refuse to process an order after sending the Order Confirmation message and we reserve the right to do so at any time.
We will have no liability to you 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 Website or for the non-processing of an order after we have sent you the Confirmation order.
Subject to the provisions of Article 7 above on product availability, unless there are extraordinary circumstances, we will do our best to complete your order with the product (s) listed in the Delivery Confirmation by the date specified in the Confirmation or, if the estimated delivery date is not specified, within the estimated timeframe when selecting the delivery method, and in any case no later than 30 calendar days from the Confirmation date of the order.
However, delays may occur due to reasons such as production delays, unforeseen circumstances, or delivery area.
If, for some reason, we can not comply with the delivery date, we will let you know about this situation and give you the option of keeping the order with a new delivery date or canceling the order with a refund of the entire amount paid. Please note that we do not deliver on Saturdays and Sundays. For the purposes of these Terms, delivery is deemed to have taken place or is deemed to have been "delivered" when you or a third party designated by you becomes in the physical possession of the products, as evidenced by a signature of receipt of the order at the agreed delivery address.
If your product order does not arrive at your estimated delivery time, we ask you to contact us using the following details: [email protected] If the delivery address is not in the standard operating area of the courier, then we will use Posta Romana for delivery.
IMPOSSIBILITY OF DELIVERY
If we can not deliver the products, for reasons that are not attributable to us, after two attempts, we will try to find a safe place to leave the parcel. If we can not find a safe place, your order will be returned to our warehouse. We will inform you in writing of the place where the package is stored, and the time you can pick it up. If you will not be available at the delivery place at the agreed time, please contact us to set a different delivery date. If you want our courier provider to make a third delivery attempt, you will be liable to pay a fee of RON 10.
After 30 calendar days from when your order is ready for delivery but has not been delivered due to no one being available to accept the product (s) at the delivery address, we will consider that you wish to terminate the Contract and it will be treated as terminated. As a result of the termination of the Agreement, we will refund all payments received from you, excluding delivery costs and payment gateway processing charges, without any unjustified delay, and in any case not later than 30 calendar days from the date we consider this Agreement to be terminated.
Please note that the storage, transport and resumption of delivery resulting from the termination of the Contract may involve an additional cost and we will have the right to transfer you this cost.
RISK TRANSFER AND RIGHTS TO OWNERSHIP ON PRODUCTS
All product-related risks (including loss and damage) will come to you from the moment of delivery, when you, or when a third party designated by you, other than the courier, gets the physical possession of the products.
Product ownership will not be transferred to you until we receive full payment of all amounts due for products, including delivery costs, or delivery (as defined in Article 9 above), whichever occurs later. The legal right to ownership of the products will immediately return to us if we refund any such payment.
PRICE AND PAYMENT
The price of each product will be the one mentioned periodically on our Website, unless there is an obvious error. While we take care to ensure that all prices on our Website are correct, errors may occur. If we discover a price error with any product (s) in your order, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact you, for unavailability reasons, the order will be deemed void and, if you have already paid for the product (s), we will refund the entire amount paid.
We have no obligation to sell any product at an incorrect inferior price (even if you have received from us the Confirmation of Delivery) if the price error is obvious, unmistakable and could reasonably be identified by you as an error.
The prices displayed on our Web Site include VAT, but do not include delivery costs, which will be added to the total amount due, as specified in our Shopping Cart Cost Summary.
Prices can be reviewed at any time, but (with the exceptions listed above), no potential change will affect any of your orders for which an Order Confirmation has already been sent prior to the price change.
Once you've selected all the products you want to buy by adding them to your cart, the next step is to complete the order completion process and make the payment. To do this, you need to follow the steps in the purchase process by completing or checking the required information at each step. Moreover, throughout the purchase process, before you can make the payment, you can change the details of your order. Also, if you are a registered user, a history of all your orders placed will be available in the "My Account" section.
'the scarf street' uses one of the leading payment gateway companies in Romania, mobilPay.ro (a Netopia SRL service). mobilPay uses 3D Secure trading environment for all transactions. To know more about mobilPay, please visit our Partner's website https://www.mobilpay.ro/.
3-D Secure is an XML-based protocol designed to be an additional security layer for online credit and debit card transactions. It was deployed by Visa with the intention of improving the security of Internet payments and is offered to customers under the name Verified by Visa. Services based on the protocol have also been adopted by MasterCard as MasterCard SecureCode. To know more about 3D Secure, visit https://en.wikipedia.org/wiki/3-D_Secure
You can pay using Visa and Mastercard credit or debit cards. The Site also allows you to use the Cash on Delivery or wire transfer options. To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will request a pre-authorization of your card to ensure that there are sufficient funds to complete the transaction.
If you click on "Payment Authorization", you confirm that the card is yours. You will be solely responsible for any incidents and damages caused to us or to third parties in case you provide us bank data that does not belong to you.
Credit cards are subject to validation and authorization verifications by the issuing institution. If we do not receive the necessary authorization, we will not be liable for any delay in the delivery of the ordered products or, as the case may be, their failure to deliver them and we will not be able to conclude any Contract with you.
We operate in the local currency and we will not apply any additional commission or surcharge. If the amounts withdrawn from your credit card or refunded on it differ from the price displayed on completion of the order or the confirmed amount to be refunded, contact your bank for more information on bank charges charged for a such transaction.
All prices quoted our our Site include any applicable taxes. During checkout, you will be able to see the amount of the total price that constitutes the combined taxes, if any.
- The right to withdraw
Right of withdrawal
If you enter into this Agreement as a consumer, you have the right to withdraw from the Contract within 14 calendar days without providing any reason.
The withdrawal period will expire after 14 calendar days from the day you or a third party designated by you, other than the carrier, is in the physical possession of the product (s). If you order multiple products to be delivered separately, the withdrawal period expires after 14 calendar days from the day you or a third party designated by you, other than the carrier, is in physical possession of the last product.
In order to exercise your right to withdraw from the Contract, you may notify 'the scarf street', at Oras Voluntari, Strada Iancu Nicolae no. 148, Villa 7, room no. 1, Judet Ilfov, by sending an e-mail to: [email protected] or by writing to us via the contact form about your decision to withdraw from this Agreement, using an unambiguous statement (for example, a letter sent by post or e-mail). In order not to exceed the withdrawal deadline, it is sufficient to send us your message regarding the exercise of your right of withdrawal before the expiration date.
Effects of withdrawal
If you withdraw from this Agreement, we will refund all payments received from you, including delivery costs (excluding additional costs resulting from the selection of a delivery method other than our standard delivery) without undue delay, and in any case , within no more than 30 calendar days from the date when you notified us of your decision to withdraw from this Agreement. We will refund you the amounts using the same payment method that you used for your initial transaction. In any case, you will not need to pay any commission as a result of this refund.
Without prejudice to the above, we may postpone the refund until we receive your products or until you provide proof that you have returned the products, whichever comes first.
You will send back or deliver the products or hand them over to the courier sent by us without undue delay and in any case no later than 30 calendar days from the date you notified us of your withdrawal from this Agreement. The deadline is met if you send the products back before the end of the 30-day calendar period.
If you do not send the products back through a courier sent by us, you will bear the direct costs of returning the products to us within the 30-day deadline.
You are solely responsible for diminishing the value of the products resulting from manipulations, other than those necessary to determine the nature, characteristics and operation of the products.
- Common Provisions
Your right to cancel a Contract applies only to products that are returned in the same condition as you had received them. Please return any product using or including its original packaging. You must also send us all the boxes, labels, instructions / documents (if any) and the original packaging together with the returned product. No refunds will be made if the product has been used after unsealing, if it is not in the same condition that it was delivered or damaged. As a result, you should take reasonable care of the products while in your possession
When returning a product or several products via a courier sent by us, you must contact us using the webform available on the Site, or by email at [email protected] to determine the details of lifting the product from your home. You must submit the product in the same package as received, following the instructions in the "RETURNS" section of this website.
None of the above options implies any extra cost to you.
If you do not want to use any of the available free return methods, you will be responsible for the return costs.
We will review the returned product in full and inform you of the right to reimburse your refund (if any). Delivery costs will be refunded when exercising your right of withdrawal within the legal time limit and when all the products of that package are returned.
We will refund the amount paid by you as soon as possible, without undue delay and in any case no later than 30 calendar days from the date you notified us of your intention to withdraw from the Agreement. Without prejudice to the above, we may postpone the refund until we receive your products or until you provide proof that you have returned the products, whichever comes first.
We will refund you any amount received from you using the same method you used to make the payment.
You will assume the cost and the risk of returning products if you have not chosen one of the free return options as indicated above.
If you have any doubts, please contact us via the web form available on the Site or by email at www.thescarfstreet.com.
- Returns of defective products
If you believe the product is not in compliance with the Contract at the time of delivery, you must contact us immediately via our webform available on the Site and provide the details of the product data and the damage it presents. Alternatively, you can contact us at [email protected] to give you instructions.
You can return the product to a courier sent by us.
Once we receive the returned product, we will review it in full and inform you of the right to replace your product or to have your payment refunded by e-mail within a reasonable amount of time.
Repayment or replacement will take place as soon as possible without undue delay, and in any case not later than 30 calendar days from the date that we have confirmed to you by e-mail that you are entitled to a refund or replacement for non-compliant product.
If the products show any defect, we will refund you the full value of these products as well as the shipping costs incurred by you, if any, for receiving the products. We will always refund all your money using the same method you used to make the payment.
This provision does not affect your legal rights under the regulations in force.
- The right to withdraw
LIABILITY AND DISCLAIMER OF LIABILITY
Except as otherwise expressly provided in these Terms, our liability in relation to any product purchased through our Website is strictly limited to the purchase price of that product and its delivery.
You will not be able to claim our liability if the failure to deliver the ordered products or to fulfill any of our obligations under these Terms is the consequence of the occurrence of an Event of Force Majeure as regulated in Article 22 below.
Due to the open nature of this Web Site and the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted to or obtained from this Website, unless expressly provided otherwise on this Website.
All product descriptions, information, and materials published on this Site are provided "as is" and without explicit, implicit or otherwise warranties, except as provided by law
In this respect, if you enter into the Contract as a consumer or user, we undertake to deliver products that are in accordance with the Agreement and we extend liability to you for any lack of conformity that exists at the time of delivery. Products are deemed to comply with the Agreement if:
- they comply with the description provided by us and possess the same qualities as we have submitted on this Website;
- are appropriate for the purposes for which products of that type are normally used, and
- have the quality and performance parameters that are normal for products of the same type that you can reasonably expect.
The products we sell often have the characteristics of the natural materials used in their manufacture. These features, such as fiber variations, texture, knots and color, can not be considered defects or damage. On the contrary, you have to expect them to exist and appreciate them. We select only products of the highest quality, but natural features can not be avoided and must be accepted as part of the individual appearance of the product.
Nothing in this clause will affect your legal rights as a consumer and / or user or the right to withdraw from the Agreement.
You acknowledge and agree that all copyrights, trademarks and other intellectual property rights in all materials or content that are provided as part of this website will still be returned to us or our licensors. You may use this material only with the prior express consent provided by us or by our licensors. This does not prevent you from using this Website to the extent that you need to make a copy of the data of any order or Contract.
VIRUSES, HACKING AND OTHER CYBER OFFENSES
You are not permitted to abuse this site by deliberately introducing hardware and software viruses and any other unauthorized software or any other material that is malicious or technologically harmful. It is forbidden to attempt any unauthorized access to this Site, to the server hosting this Site, or to any other server, computer or database associated with our Web Site. You undertake not to attack this website through a "denial of service" (DoS) attack.
By breaching this provision, you may commit an offense under the applicable regulations. We will report any such violation to the applicable law enforcement authority and we will cooperate with the appropriate authority to disclose the identity of the hacker. Also, in the event of such an infringement, your right to use this Site will cease with immediate effect. We will also take all necessary steps to restrict your access to the Site for as long as permitted by law.
We assume no liability for any loss or damage caused by a service denial, virus, or other software or material that is malicious or technologically damaging to your computer, equipment, data or materials as as a result of using this Website or downloading its content or other websites to which you get redirected to, from this Website.
LINKS FROM OUR WEB SITE
Our website may contain links to other third-party websites or materials; such links are provided for informational purposes only and we have no control over the content of these websites and materials. Accordingly, we assume no liability for any loss or damage that may result from the use of such links.
The applicable laws provide for some of the information or communications we send to you in writing. By using this Website, you express your consent to communicate with us primarily by electronic means. We will contact you by email or we will provide you with information by posting notifications on our Web site. For contractual purposes, you agree to the use of this electronic means of communication and you acknowledge that all contracts, notifications, information and other communications we send to you by electronic means comply with any legal requirement that the communications be made in writing. This condition does not affect your legal rights.
Our recommendation is to send us all notifications through our contact form. Subject to the provisions of Article 19 above, and unless stated otherwise, we may send you notifications either to the email address or to the postal address you provide when placing an order.
The notification will be deemed to be received and duly communicated as soon as it is published on our Website, within 24 hours of an e-mail being sent or three days after the date of dispatch of a letter by post. In order to prove that a notification has been communicated, it is sufficient proof in the case of letters that they have been addressed, stamped and mailed properly and, in the case of an e-mail, that it has been sent to the specified address of the recipient.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us has a binding character for us, you and our successors and agents as well as yours.
We may transfer, assign, subcontract, or alienate in any other way a Contract or any of our rights or obligations arising therefrom at any time during the term of the Contract. To avoid any ambiguity, any such transfer, assignment, subcontract or other alienation will not affect your legal rights as a consumer and will not invalidate, reduce or otherwise limit any warranty that you have given to us in either express or implicit.
FORCE MAJEURE EVENTS
We will not be held responsible or liable for any breach or delay in fulfilling any of the obligations that we have assumed under a Contract if it is caused by events beyond our reasonable control ("Force Majeure Event ").
An Event of Force Majeure shall include any act, event, failure, omission or accident that is beyond our reasonable control and will include in particular (without limitation) the following:
- Any trade union actions.
- Civil rebellion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not), threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
- Inoperability of railways, shipping, air transport, car transport or other public or private means of transport.
- Inoperability of public or private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions imposed by any government (s) of any country affecting our operations
- Any strike, failure or accident affecting shipping, the postal system or other relevant transport.
The performance of our obligations under any Contract will be deemed suspended during the Event of Force Majeure and we will benefit from an extension of the term to fulfill our obligations during the Force Majeure Event. We will use our reasonable means to stop the Force Majeure event or to find a solution through which we can fulfill our contractual obligations despite the Force Majeure Event.
If the Force Majeure Event lasts for more than 3 months, our Contract will terminate by law. As a result of the termination of the Agreement, we will refund all payments received from you, including delivery costs, if applicable, without exaggerated delays and, in any case, within 30 calendar days from the date we consider this Agreement to be terminated.
If, at any time during the term of the Contract, we fail to insist on your strict compliance with the obligations arising out of a Contract or any of these Terms and / or if we omit to exercise any of our rights or to exercise the remedies to which we are entitled under this Agreement or these Terms, it will not constitute a waiver on our part of these rights or remedies and will not exonerate you from complying with the obligations in question.
A waiver by us of any failure to fulfill an obligation will not constitute a waiver on our part of any further non-fulfillment of the obligations arising from the Contract or Terms.
No waiver by us of any of these Terms or any right or remedy arising from the Contract shall be effective unless expressly stated that it is a waiver and you are notified in writing in accordance with the provisions of the above Notification paragraph.
If a competent authority considers that any of these Terms is invalid, illegal or unenforceable, or any provision in a Contract is invalid, unlawful or unenforceable to a certain extent, the term, condition or the provision in question of the other terms, conditions and provisions, and the latter will continue to be valid to the maximum extent permitted by law.
THE INTEGRALITY OF THE CONTRACT
These Terms and any expressly referenced documents constitute the entire agreement between you and us in relation to the subject matter of any Contract and supersedes any other agreement, any other arrangement or any other prior written or oral arrangement between you and us.
Both we and you declare that by concluding this Agreement neither you nor ourselves have relied on any statement, commitment or any promise made by the other party or implicit in anything that has been said or written during the negotiations between you and us before the conclusion of this Agreement, except as expressly stated in these Terms.
Neither you nor us have the right to seek redress in the event of any untrue statement made verbally or in writing by the other party before the date of the conclusion of any Contract (unless such an untrue statement was fraudulently made) and the other party has the right to appeal only in the case of breach of contract as set forth in these Terms.
OUR RIGHT TO CHANGE THESE TERMS
We have the right to revise and modify these Terms on an occasional and discretionary basis.
You will be subject to the policies and Terms in force when you use this Website or order products from us unless you are applying for any change to these policies, terms or Privacy Statement by law or by a government authority, in which case any potential change will also apply to orders previously placed by you.
APPLICABLE LEGISLATION AND JURISDICTION
Use of our Web Site and Agreements for the purchase of products concluded through this Website will be governed by Romanian law.
Any dispute arising out of or in connection with or in connection with the use of the Website Contracts will be subject to the non-exclusive jurisdiction of the Romanian courts.
If you enter into the contract as a consumer, nothing in this clause will affect your legal rights under the applicable local law.