Terms and Conditions

The website www.zorelia.com is provided by GEOMIR CONSULTING S.R.L., a company having its registered office at Prelungirea Ghencea No. 45, Building C3, 5th Floor, entrance B, Apartment 79, Bragadiru, Ilfov, Romania, registered with the Trade Register under No. J2016003788234, having Tax Identification Code (CUI) 36547980, hereinafter referred to as the "Seller" or "Zorelia".

GEOMIR CONSULTING S.R.L. is a company engaged in the sale of beauty and personal care products, including make-up products, skincare and haircare products, perfumes, products intended for adults and children, as well as other products included in its portfolio, available through the Platform.

The purpose of the www.zorelia.com Platform is to provide you with a shopping experience that meets your expectations and quality standards.

These Terms and Conditions apply to the sale of products through the online platform www.zorelia.com, owned and operated by the Seller.

Browsing the Platform, followed by placing an Order, constitutes acknowledgment that the Customer has read, understood, and fully accepted these Terms and Conditions.

The Seller reserves the right to amend the content of the Platform, as well as these Terms and Conditions, at any time and without prior notice to Customers. In the event of any discrepancy or dispute between the Seller and the Customer, the version of the Terms and Conditions in force at the time the Order is placed shall apply.

This document applies exclusively to the relationship between the Seller and the Customer (a natural person acting as a consumer), as defined below in accordance with the applicable legal provisions.

The relationship between the parties is governed by the following legislation:

• Government Ordinance No. 21/1992 on Consumer Protection;
• Government Emergency Ordinance No. 58/2022 amending and supplementing certain legislative acts in the field of consumer protection;
• Government Emergency Ordinance No. 34/2014 on Consumer Rights in Contracts Concluded with Professionals;
• Government Emergency Ordinance No. 140 of 28 December 2021 regarding certain aspects concerning contracts for the sale of goods;
• Law No. 363/2007 on combating unfair commercial practices by traders in their dealings with consumers and on harmonising Romanian legislation with European consumer protection law;
• Law No. 365/2002 on Electronic Commerce;
• The Romanian Civil Code;
• The Romanian Code of Civil Procedure.

1. Definitions

   For the proper interpretation of these Terms and Conditions governing the use of the www.zorelia.com Platform, as well as the rights and obligations arising from their acceptance, the following terms shall have the meanings set out below:

   • "Order" means an electronic document serving as a means of communication between the Seller and the Customer, through which the Customer expresses, via the Website, the intention to purchase the Products offered for sale on the Website.
   • "Commercial and Marketing Communications" / "Newsletter" means any type of message sent by the Seller (including, but not limited to, by e-mail, SMS, WhatsApp, telephone, mobile push notifications, web push notifications, or any other available communication channel), containing general or thematic information, information regarding products similar or complementary to those previously purchased, information regarding offers or promotions, reminders concerning Products added to the Shopping Cart, market research and opinion surveys, as well as any other commercial communications or relevant information regarding the Products marketed through the Website, including information concerning promotional campaigns organised by the Seller.
   • "Consent" means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
   • "Content" includes, without limitation:
     • the content of any newsletter or e-mail sent by the Seller to Customers by electronic means and/or any other available communication channel;
     • information relating to the Seller;
     • information regarding the Products or prices offered by the Seller during a particular period;
     • any information communicated by an employee or collaborator of the Seller to a Customer using the contact details provided;
     • all information available on the Website that may be accessed, viewed or otherwise consulted through an electronic device connected to the Internet.
   • "Shopping Cart" means the section of the Website that enables the Customer to add Products which they intend to purchase either immediately or at a later time.
   • "Account" means the set of information assigned by the Seller and uniquely associated with a Customer, enabling that Customer to access the online store available through the www.zorelia.com Website.
   • "Personal Data" means any information relating to an identified or identifiable natural person ("data subject"), including, but not limited to, name and surname, residential address, e-mail address, telephone number, bank account details, and similar information.
   • "Document" means these Terms and Conditions.
   • "Offer" means any offer of Products made available by the Seller through the Website, including promotional prices.
   • "Data Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.

   Note: For the purposes of this Document, GEOMIR CONSULTING S.R.L. acts as the Data Controller. For further information regarding the processing of Personal Data, data subjects are invited to consult the GDPR Policies available on the Website.

   • "Processing" means any operation or set of operations performed on Personal Data, whether or not by automated means, including collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, making available, alignment, combination, restriction, erasure, destruction, or any other operation performed in relation to Personal Data.
   • "Seller" means GEOMIR CONSULTING S.R.L., identified as described above.
   • "User" means any individual who browses or otherwise interacts with the Platform.
   • "Customer" / "Consumer" means any User who accesses the Website, interacts with it, or places an Order for Products through the Website.
   • "Product" means any goods marketed by the Seller through the Platform, including, without limitation, make-up products, skincare and haircare products, perfumes, products intended for adults and children, as well as any other beauty and personal care products.
   • "Transaction" means the collection or reimbursement of an amount resulting from the sale or purchase of a Product.
   • "Distance Contract" means, in accordance with applicable law, any contract concluded between the Seller and the Customer without the simultaneous physical presence of both parties, through the exclusive use of one or more means of distance communication, up to and including the moment at which the contract is concluded, and which is subject to the Seller's pre-contractual information obligations towards the Customer.
   • "Placing an Order" means the process by which the Customer submits to the Seller a request to purchase Products displayed on the Website. All Orders are subject to acceptance by the Seller.
   • "Order Confirmation" means, for legal purposes, the moment at which the contract between the Seller and the Customer is concluded, namely the Seller's acceptance of the Customer's Order.
     • Exception: If the Seller determines that it is unable to fulfil the contract due to technical reasons, stock unavailability, or other unforeseen circumstances, the Seller shall inform the Customer accordingly and reimburse any amounts already paid by the Customer.
   • "Website", "Online Platform" or "Site" means the website www.zorelia.com.

2. General Policy

   1. Description of the Service

      This Document sets out the Terms and Conditions governing the use of the Website and the services provided by the Seller through the Website.

      Please read this Document carefully before using the Website and placing an Order.

      1. Use of the Platform, including accessing, browsing, or viewing the Content available through it, constitutes acceptance of these Terms and Conditions, except where certain sections or services are subject to separate terms and conditions. By placing an Order, the Customer undertakes to provide complete, accurate, and up-to-date information necessary for the processing and delivery of the Products. In the event of any dispute or misunderstanding, the Terms and Conditions in force at the time the Order is placed shall apply.
      2. Access to the services made available through the Website is provided via the Platform. The Customer is responsible for all activities carried out through their Account and for the accuracy of the information provided when placing an Order.
      3. If the User does not agree with the provisions of this Document, they are requested to discontinue using the Platform and refrain from placing any Orders through it.
      4. In accordance with the applicable personal data protection legislation, the Customer has the right to request the erasure of their Personal Data processed by the Seller, subject to the applicable legal provisions relating to record retention and accounting obligations, which may require the Seller to retain certain data for specific periods (for example, tax-related documents), pursuant to the agreement concluded between the parties. To exercise this right, the Customer may submit a data erasure request by e-mail to: hello@zorelia.com.
      5. If the Customer no longer wishes to receive newsletters, alerts and/or marketing, advertising or promotional communications through any communication channel (including electronic communications, telephone, etc.), they may unsubscribe by using the unsubscribe option available in any e-mail communication sent by the Seller or by submitting a written request to: hello@zorelia.com.

   2. Contact

      1. The Seller shall publish on the Website its complete and accurate identification and contact details, enabling Customers to contact the Seller.
      2. By using the contact form, any other forms available on the Website, or any service provided through the Website, the Customer authorises the Seller to contact them through any available means of communication, including electronic means.
      3. Completing, whether partially or in full, and submitting any forms available on the Website shall not, under any circumstances, constitute an obligation on the part of the Seller to contact the Customer.
      4. The Seller reserves the right not to respond to all requests of any nature received through any means of communication.
      5. The Customer expressly declares that the contact details provided (including e-mail address, telephone number, delivery address, first name and surname) belong to them and may be used by the Seller for the purpose of communicating with the Customer.

   3. Online Sales Policy and Access to the Service

      1. Access to the Website is available to all Users. Certain functionalities of the Website may be subject to the creation of a User Account.
      2. In order to place an Order, the Customer must accept these Terms and Conditions and provide complete, accurate and up-to-date information required for the processing of the Order.
      3. The Seller reserves the right to restrict, suspend or terminate a User's access to the Website or to certain functionalities thereof where there are reasonable grounds to suspect abusive use of the Website, fraudulent activities, the provision of false information, or any breach of these Terms and Conditions.
      4. Communication with the Seller may take place through direct interaction, by telephone or by e-mail. The Seller reserves the right to manage any information received without being required to provide justification for its actions.
      5. The Seller may refuse an Order after giving prior notice to the Customer, without giving rise to any obligations between the parties or any entitlement to damages, in the following situations:
         • the Customer has provided incomplete or inaccurate information;
         • the Customer uses the Service in a manner contrary to good faith and accepted commercial practices, or exercises their rights in bad faith with the purpose of causing harm or prejudice to the Seller in an excessive or unreasonable manner;
         • repeated delivery attempts have failed due to the Customer's fault.
      6. The Seller may publish on the Website information regarding Products and/or promotional offers available for a specified period of time and subject to stock availability.
      7. To order a Product, the Customer shall select the desired offer and accurately complete all mandatory fields of the order form using complete, true and up-to-date information. The Customer shall then click the "Place Order" button. Upon successful completion and submission of the Order, the Customer will receive an Order confirmation message containing the relevant Order details.
      8. By placing an Order through the Website, the Customer acknowledges that their personal data will be processed. Such data shall be processed exclusively for the purposes of registering, processing and fulfilling the Order, handling any subsequent complaints, and providing information relating to the Products and/or Orders placed. The processing of personal data by the Seller shall be carried out in accordance with the Privacy Policy available on the Website.
      9. Product prices are displayed in RON. Depending on the options available on the Platform, prices may also be displayed in other currencies. The currency applicable to each Order shall be the one indicated at the time the Order is placed.
      10. Where payment is made by bank card, the Seller shall debit the Customer's bank account for the value of the Products ordered after sending the Customer the Order Confirmation.
      11. Payment for the Products may be made by cash on delivery, online by credit or debit card, through the payment service providers available on the Platform.
      12. Products intended for children shall be used exclusively for their intended purpose, in accordance with the age category specified by the manufacturer and the instructions for use supplied together with the Products.

   4. Online order

      1. The Customer may place Orders for Products offered for sale on the Website by adding the desired Product(s) to the Shopping Cart and completing the purchase by making payment using one of the payment methods expressly indicated on the Website.
      2. Adding a Product to the Shopping Cart, without completing and confirming the Order, shall not result in the automatic reservation of that Product.
      3. By completing an Order, the Customer agrees that the Seller may contact them, by any available or mutually agreed means of communication, as appropriate, for the following purposes:
         • to verify the availability of the Products and the quantities ordered by the Customer;
         • to confirm the Order;
         • to obtain the Customer's confirmation of the total value of the Order;
         • to provide information regarding the delivery of the Products.
      4. The Seller may automatically cancel an Order, without any further obligations between the parties and without either party being entitled to claim damages, in the following situations:
         • the issuing bank of the Customer's payment card refuses to authorise the transaction in the case of online payment;
         • the transaction is invalidated by the payment processor used by the Seller in the case of online payment;
         • the information provided by the Customer on the Website is incomplete or inaccurate;
         • the Customer's activity on the Website may cause and/or has caused damage of any kind to the Seller and/or its business partners;
         • more than three (3) consecutive delivery attempts for the same Order have failed due to reasons attributable to the Customer.
      5. The Customer may request the cancellation of an Order by submitting a written request or by contacting the Seller by telephone.
      6. Once the Customer receives the Seller's e-mail confirming that the Order has been validated, the Order shall constitute a Distance Contract.
      7. An Order shall be validated and delivered only if all of the following conditions are met:
         • the Customer's information is complete and accurate;
         • the Products included in the Order are available in stock;
         • there are no system errors that could result in incorrect pricing (e.g. a Product price displayed as RON 0).

   5. Delivery and Shipping

      1. The Products purchased by the Customer shall be delivered through courier service providers. The Seller may disclose to the courier service provider certain Personal Data of the Customer that is necessary for the purpose of providing delivery services for the Products ordered by the Customer.
      2. Deliveries shall be made within 1-3 business days from the date the Customer places the Order and the Seller confirms the Order, subject to Product availability. The delivery period may be extended in certain exceptional circumstances (for example, promotional campaigns, adverse weather conditions, public holidays, unforeseen technical issues, etc.). The Customer shall be informed of any extension to the delivery period.
      3. Delivery costs and conditions are displayed on the Platform and may vary depending on the delivery destination, the value of the Order and any promotional campaigns active at the time the Order is placed.
      4. The Products offered through the Platform may be delivered both within the territory of Romania and to other Member States of the European Union, subject to the conditions and limitations displayed on the Platform at the time the Order is placed.

   6. Limitation of the Seller's Liability

      1. The Seller shall not be held liable in any manner towards any User of the Website except as expressly provided in these Terms and Conditions.
      2. Products that do not conform to the specifications displayed on the Website at the time the Order is placed may be returned to the Seller, provided that the Customer specifies the nature of the non-conformity. This does not apply to Products displaying minor differences compared to those shown on the Website, such as slight variations in shade, brightness or appearance. Such variations may result, among other factors, from the lighting conditions at the time the photographs were taken, the colour and brightness settings of the display used to view the Website, as well as the subjective perception of colours.
      3. If a Customer considers that any Content transmitted by the Seller through any means infringes copyright or any other intellectual property rights, the Customer may contact the Seller using the contact details provided on the Website so that the Seller may investigate and, where appropriate, remedy any such infringement.
      4. Products marketed through the Platform must be used in accordance with the manufacturer's instructions for use, warnings and recommendations, as well as their intended purpose.
      5. If the Customer identifies any issue relating to the safety of a Product, including incidents, adverse effects or any other potential risks associated with its use, the Customer is encouraged to contact the Seller using the contact details available on the Platform, in order to enable the Seller to investigate the matter and, where appropriate, take the necessary corrective measures.

   7. Product Return Policy

      1. In accordance with the provisions of Government Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals, a Customer acting as a Consumer shall have the right to withdraw from the Distance Contract within 14 calendar days, without giving any reason and without incurring any costs other than those provided by law.
      2. The withdrawal period shall expire 14 calendar days after:
         • the day on which the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the Product; or
         • the day on which the Customer, or a third party designated by the Customer other than the carrier, acquires physical possession of the last Product, where a single Order consists of multiple Products delivered separately.
      3. To exercise the right of withdrawal, the Customer shall inform the Seller of their decision by means of an unequivocal statement sent to the contact details indicated on the Website.
      4. The Consumer may use the return form made available by the Seller or submit any other clear statement expressing the intention to withdraw from the Contract.
      5. The right of withdrawal shall be deemed to have been exercised within the statutory period if the notification is sent before the expiry of the 14-calendar-day withdrawal period.
      6. Returned Products must be handed over to the Seller in the same condition in which they were delivered, together with all accessories, accompanying documents, labels, certificates of authenticity, instructions for use and original packaging, where applicable.
      7. In order to determine the nature, characteristics and functioning of the Products, the Customer may inspect and test them only to the extent that would be permitted in a physical retail store.
      8. The Customer shall be liable for any diminished value of the Products resulting from handling them in a manner other than that necessary to establish their nature, characteristics and functioning.
      9. Where the returned Products show signs of excessive use, damage, scratches, stains, deformation, missing accessories, damaged packaging or any other alterations affecting their commercial value, the Seller reserves the right to retain an amount corresponding to the diminished value of the Product, in accordance with the applicable legal provisions.
      10. Where the right of withdrawal has been validly exercised, the Seller shall reimburse all payments received from the Consumer, including the standard delivery costs, without undue delay and, in any event, no later than 14 calendar days from the date on which the Seller is informed of the Consumer's decision to withdraw.
      11. The Seller may withhold reimbursement until the returned Products have been received or until the Customer has provided evidence of having sent back the Products, whichever occurs first.
      12. Pursuant to Article 16(e) of Government Emergency Ordinance No. 34/2014, sealed Products which are not suitable for return for health protection or hygiene reasons once unsealed are excluded from the right of withdrawal. Where such Products have been unsealed after delivery, the Consumer shall no longer benefit from the right of withdrawal referred to in Section 7.1.
      13. The category of Products referred to in Section 7.12 may include, without limitation, make-up products, skincare products, haircare products, perfumes, cosmetic products intended for adults or children, and other similar Products which, by their nature, cannot be resold under safe and hygienic conditions once unsealed.
      14. In the event of a lack of conformity, the Customer shall benefit from the rights provided under Government Emergency Ordinance No. 140/2021 regarding certain aspects concerning contracts for the sale of goods.
      15. The Products are covered by the statutory legal guarantee of conformity provided under Government Emergency Ordinance No. 140/2021. The Seller shall be liable for any lack of conformity existing at the time of delivery of the Product for a period of two (2) years from the date of delivery.
      16. The Consumer may request that the Product be brought into conformity by repair or replacement, as appropriate, or may be entitled to a proportionate price reduction or termination of the Contract, under the conditions and within the limits established by applicable law.
      17. Any measures taken to bring the Product into conformity shall be carried out free of charge, within a reasonable period of time and without significant inconvenience to the Customer, taking into account the nature of the Product and the purpose for which it was purchased.
      18. Where bringing the Product into conformity by repair or replacement is impossible or disproportionate, the Customer may request an appropriate reduction of the purchase price or termination of the Contract, in accordance with the applicable legal provisions.
      19. The statutory legal guarantee shall not cover defects or damage resulting from:
          • improper use of the Product;
          • failure to follow the instructions for use or maintenance;
          • normal wear and tear resulting from the ordinary use of the Product;
          • interventions, modifications or repairs carried out by unauthorised persons;
          • accidents, impacts, scratches, exposure to chemicals or any other external causes beyond the Seller's control.
      20. The Seller reserves the right to inspect the condition of returned Products and to request additional information where necessary for the purpose of processing a return or warranty claim.

   8. Frauda and SPAM

      1. The Seller shall never request from Customers, by any means of communication (including e-mail, telephone or SMS), confidential information, account details or personal passwords.
      2. The Customer shall bear full responsibility for disclosing their confidential information to any third party.
      3. The Seller disclaims any liability where a Customer suffers any loss or damage caused by a third party falsely claiming to represent or act on behalf of the Seller. The Customer is encouraged to inform the Seller of any such attempts using the contact details available on the Website.
      4. The Seller does not promote or send SPAM.
      5. Any Customer who has expressly provided their e-mail address on the Website may request its removal from the Seller's databases.
      6. Any communications sent by the Seller through electronic means of distance communication (e.g. e-mail or SMS) shall include the complete and accurate identification details of the sender or a link to such information, as applicable at the time the Content is transmitted.

   9. Force Majeure

      1. Unless expressly agreed otherwise, neither party to a Contract that is still in force shall be liable for any total or partial failure to perform, or delay in performing, any of its contractual obligations where such failure or delay is caused by a force majeure event.
      2. The party invoking the force majeure event, or its legal representative, shall promptly and fully notify the other party of the occurrence of such event and shall take all reasonable measures available to mitigate its consequences.
      3. The party invoking the force majeure event, or its legal representative, shall be released from the notification obligation referred to above only where the force majeure event prevents compliance with such obligation.
      4. If the force majeure event continues for more than fifteen (15) days from the date of its occurrence, either party shall have the right to notify the other party of the automatic termination of the Contract, without either party being entitled to claim damages from the other.
      5. The party invoking force majeure shall provide evidence of its inability to perform its contractual obligations within thirty (30) days from the occurrence of the force majeure event.

   10. Disputes

       1. By accessing, visiting, viewing or otherwise interacting with the Website and/or with any Content transmitted by the Seller through any means of communication (including electronic or telephone communications), the Customer acknowledges and agrees, at a minimum, to be bound by these Terms and Conditions.
       2. Any dispute arising out of or in connection with these Terms and Conditions between the Customer and the Seller shall first be resolved amicably.
       3. If an amicable settlement cannot be reached, the dispute shall be submitted to the competent courts of Romania, in accordance with the applicable legislation.
       4. The Seller shall not be liable for any losses, costs, legal proceedings, claims, expenses or other liabilities resulting directly from the Customer's failure to comply with these Terms and Conditions.
       5. If any provision of these Terms and Conditions is held to be invalid or unenforceable, for any reason whatsoever, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions.
       6. This Document has been drafted and shall be interpreted in accordance with the laws of Romania.

   11. Final Provisions

       1. The Seller reserves the right to amend these Terms and Conditions, as well as to modify the Website, its structure and/or the Services, including any changes that may affect the Website and/or any Content, without prior notice to the Customer.
       2. The Seller reserves the right to display advertising banners of any kind and/or hyperlinks on any page of the Website, in compliance with the applicable legislation.

GEOMIR CONSULTING S.R.L.