This page (together with the documents referred to on it) inform you about the terms and conditions on which we sell any of the products (Products) listed on our website.
You should print a copy of these terms and conditions for future reference.
Using this Website indicates that you accept these terms and conditions together with our Website Use Privacy, regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, please do not use this Website.
1. Information About Us
www.poelle.ro is a site operated by SC Poelle Fashion SRL (“We”). We are registered in Romania, having registration no. at Registry of Commerce from Bucharest J40/1026/2015 and with our registered office at 2, Aleea Lunca Bradului street, building H5, 3rd district, Bucharest. Our email address is: firstname.lastname@example.org.
By placing an order through our site, you warrant that:
3. How The Contract Is Formed Between You And Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product.
3.2 All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.
3.3 The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.4 We are entitled to refuse any order made by you for any reason.
4. Availability And Delivery
4.1 We will try and fulfill your order by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified within a reasonable time of the date of the Dispatch Confirmation. Delivery dates are not guaranteed and time of delivery is not of the essence.
4.2 The Products will be at your risk from the time of delivery. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
5. Price And Payment
5.1 The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include RO VAT but excludes delivery charges. Delivery charges are shown separately when ordering and must also be paid.
5.2 Payment shall be made by you by the means specified on the Website.
5.3 Prices are subject to change without notice but changes will not affect orders which We have already accepted.
5.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, We will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, We will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
5.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
5.6 The payment option of Cash on Delivery is available for all orders fulfilled on poelle.ro. With Cash on Delivery you can pay in cash at the time of actual delivery of the product at your doorstep, without requiring you to make any advance payment online. The order amount has to be paid in full before receiving the package and signing the delivery sheet. The package can be opened only after the payment is made. Foreign currency cannot be used to make a Cash on Delivery payment. Only RON accepted.
6. Returns and refunds
6.1 We offer a refund on most purchases if returned in the condition in which they were sold within 10 days beginning on the day after you received the Products. The refund is only offered if the Products are not used and returned to us in their original condition. You must return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You must not remove any of the security or other tags from the Product. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.2 Once you decide to return the Products for whatever reason you must not use them and must handle all Products with extreme care while they remain in your possession. The Products must be returned to us intact, undamaged, with their original packaging and as soon as reasonably possible. You must not remove any of the security or other tags from the Product. When trying on items of clothing, please ensure you handle Products with care, do not use unnecessary force and that you are not wearing perfume / aftershave or a deodorant which may leave a scent or marks on the Products. We will be unable to accept the return of any Product where there is evidence that these instructions have not been followed.
6.3 If the Product you received is faulty or if you have received an incorrect Product to that which you ordered, please contact email@example.com quoting your order reference number, your name and address, contact phone and details of the Product as well as the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. Once we have received the Product, we will inspect the Product and issue you a refund or a replacement (as requested) if appropriate, subject to our confirmation of the fault.
6.4. All returns should go to the below address:
2, Aleea Lunca Bradului street, building H5, 1st enterance, 2nd floor, apartment 12, 3rd district, Bucharest
6.5 The Products is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel using a delivery service that insures you for the value of the Products. We recommend that you use Special Delivery or if that is not available in your territory, use an insured carrier service. In case of dispute, we also recommend you retain proof of sending. The cost of returning the Products to us is your responsibility, except where the Products are faulty as confirmed by us.
6.6 When you return a Product to us for a refund:
For any other reason, including faulty Products, we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. If the refund is confirmed by us, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the faulty Product. Products returned by you because of a defect that has been confirmed by us will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. In all other situations, you will be responsible for the cost the delivery charges and the cost of returning the Product to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
7. Our Liability
7.1 We warrant to you that any Product purchased from us through our Website is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.
7.2 Every care has been taken in the preparation of the content of Website to ensure the Products and terms are described accurately. There may however, from time to time, be technical inaccuracies and/or typographical errors. There may be slight variations from time to time in style or color reproduction, or in text descriptions. As the actual colors you will see will depend on your monitor, we are unable to promise or guarantee your monitor's display of any color will actually reflect the color of the Product delivered to you. To the extent permitted by law, we shall not be liable for any claims either direct or in terms of consequential loss relating to the accuracy of the information contained in any of the sections of this Website, whether this arises from breach of duty, breach of contract, negligence or any other way.
7.3 We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
7.4 Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
7.5 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us.
8. Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
9. Written Communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not
affect your statutory rights.
10. Transfer Of Rights And Obligations
10.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
10.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
10.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
11. Events Outside Our Control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
11.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
o Strikes, lock-outs or other industrial action.
o Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
o Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
o Impossibility of the use of public or private telecommunications networks.
o The acts, decrees, legislation, regulations or restrictions of any government.
11.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
12.1 If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14. Entire Agreement
14.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
14.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
15. Our Right To Vary These Terms And Conditions
15.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
15.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
16. Law And Jurisdiction
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by material Romanian law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Bucharest, Romania.
For any issue not explicitly mentioned, the European normative for long-distance commerce prevails.