1. DEFINITIONS AND TERMS
KIROS DIET – is the trade name of Kiros Diet SRL, legal person of Romanian nationality, having its registered office in Bucharest, 31 G-ral Constantin Coandă street, 1st floor, J40/2843/2021, CUI 30021692.
Seller – KIROS DIET or any of its partners.
Buyer – can be any natural person over the age of 16 or legal person or any legal entity that places an Order.
Client – can be any natural person over 16 years of age or legal person who has or obtains access to CONTENT, through any means of communication provided by KIROS DIET (electronic, telephone, etc.) or based on an existing user agreement between KIROS DIET and it and which requires the creation and use of an Account.
User – any natural person over the age of 16 or legal person registered on the Site, who, by completing the process of creating the Account, has given his consent to the site-specific clauses in the General Terms and Conditions section.
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to send the Order and which contains information about the Customer / Buyer and the Buyer’s history on the Site (Orders, tax invoices, goods guarantees, etc.). The user is responsible and will ensure that all information entered when creating the Account is correct, complete and up to date.
Favorites – the section of the Account that allows the Buyer / User to create Lists of Goods and Services that he wants to follow in view of a possible acquisition, using the service offered by the Seller to follow the Goods and Services by receiving Commercial Communications from him.
List – the section of Favorites in which the Buyer / User can add Goods or Services that he wants to follow in view of a possible purchase and which, later, he can delete or add to the shopping cart («My Cart»).
The lists can be:
- Public: any Customer / Buyer / User can view the Buyer / User List if he has distributed it on social networks (Facebook, Twitter and Google+) or if he accesses the public profile of the Buyer / User on the Site. The lists are public, and the Buyer / User has the possibility to set them as private at any time, directly from his Account, Favorites section;
- Private: these can only be viewed by the Account holder. The Buyer / User has the possibility to set them as public at any time, directly from the Account or Favorites section.
My Cart – section of the Account that allows the Buyer / User to add Goods or Services that he wants to purchase at the time of addition or at a later time; if the Goods or Services are not purchased at the time of addition by placing the Order, the Buyer / User will benefit from the service offered by the Seller for tracking the Goods and Services by receiving Commercial Communications from him.
Site – the online store hosted at the web address www.kirosdiet.com and its subdomains.
Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer, through which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods and Services from the Site.
Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order, which are to be provided by the Seller, the Buyer as a result of the concluded Contract.
Campaign – the action of exhibiting for commercial purposes, a finite number of Goods and / or Services having a limited and predefined stock, for a limited period of time established by the Seller.
Contract – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content – represents:
– all information on the Site that can be visited, viewed or otherwise accessed by using electronic equipment;
– the content of any e-mail sent to the Buyers by the Seller by electronic means and / or any other available means of communication;
– any information communicated by any means by an employee / collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
– information related to the Goods and / or Services and / or tariffs practiced by the Seller in a certain period;
– information related to the Goods and / or Services and / or tariffs practiced by a third party with which the Seller has concluded partnership contracts, in a certain period;
– data regarding the Seller or other privileged data of the Seller.
Document– these Terms and Conditions.
Commercial Communications– any type of message sent (such as: e-mail / SMS / telephone / mobile push / webpush / etc.) Containing general and thematic information, information on products similar or complementary to those you have purchased, information regarding offers or promotions, information regarding the Goods and Services added in the “My Account / Cart” section or the “Account / Favorites” section, as well as other commercial communications such as market research and opinion polls.
Transaction– the collection or reimbursement of an amount resulting from the sale of a Good and / or Service by KIROS DIET, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the delivery method.
Specifications– all specifications and / or descriptions of the Goods and Services, as specified in their description.
The payment– the payment service provided by the payment processor integrated in the Site, made available to Customers, Users and / or Buyers through the Site in order to make an online card payment.
2. CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees with the form of communication (telephone or e-mail) through which the Seller carries out its commercial operations.
2.2. The notification received by the Buyer, after making the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of the Goods and / or Services in the Order. If you change the quantity of Goods and / or Services in the Order, it will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will return the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer at the moment of receiving by the Buyer from the Seller, by means of electronic mail and / or SMS, the notification of sending the Order.
2.5. The document and the information provided by the Seller on the Site will be the basis of the Contract, in addition to it being the guarantee certificate issued by the Seller or a supplier thereof for the purchased Goods.
3. ONLINE SALES POLICY
3.1. Access in order to place an Order is allowed to any User / Buyer.
For justified reasons KIROS DIET reserves the right to restrict the access of the User / Buyer in order to place an Order and / or to some of the accepted payment methods, if it considers that based on the conduct or activity of the User / Buyer on the Site, the actions it could harm KIROS DIET in some way. In any of these cases, the User / Buyer may contact the Customer Relations Department of KIROS DIET, in order to be informed about the reasons that led to the application of the above-mentioned measures.
3.2. Communication with the Seller can be done through direct interaction with him or through the addresses mentioned in the «contact» section of the Site. The seller has the freedom to manage the information received without having to bring justifications for it.
3.3 In case of an unusually high volume of traffic coming from an internet network, KIROS DIET reserves the right to ask the Users / Buyers to manually enter the captcha validation codes, in order to protect the information within the Site.
3.4. KIROS DIET may publish on the Site information about Goods and / or Services and / or promotions practiced by it or by any other third party with which KIROS DIET has concluded partnership contracts, within a certain period of time and within the available stock.
3.5. All tariffs related to the Goods and / or Services presented on the Site are expressed in euros (EUR) and include VAT and invoiced in lei at the NBR exchange rate on the day of the order.
3.6. In case of online payments, the Seller is not / cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, if the currency of his issuance differs from RON. The responsibility for this action lies solely with the Buyer.
3.7. All the information used for the description of the Goods and / or Services available on the Site (static / dynamic images / multimedia presentations, etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.
4. ASSIGNMENT AND SUBCONTRACTING
4.1. The Seller may assign and / or subcontract a third party for Services related to the fulfillment of the Order, with the information of the Buyer, without the consent of the Buyer. The Seller will always be liable to the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content, presented on the Site, are the exclusive property of KIROS DIET, its being reserved all the rights obtained in this respect directly or indirectly (through licenses for use and / or publication).
5.2. Customer / Buyer / User is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any context other than the original intended by KIROS DIET, including to any Content outside the Site, the removal of the signs that signify the copyright of KIROS DIET over the Content, as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of KIROS DIET.
5.3. Any Content to which the Customer / Buyer / User has and / or obtains access by any means, is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between KIROS DIET and it, and without no implied or express warranties made by KIROS DIET with respect to that Content.
5.4. Customer / Buyer / User may copy, transfer and / or use the Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.
5.5. If KIROS DIET grants the Customer / Buyer / User the right to use in the form described in a separate user agreement, a certain content, to which the Customer / Buyer / User has or obtains access following this agreement, this right is extends only to that or those contents defined in the agreement, only during its existence or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment from KIROS DIET for that Customer / Buyer / User or any other third party who has / obtains access to this transferred content, by any means and who could be or is harmed in any way as a result of this content, during or after the expiration of the use agreement.
5.6. No Content transmitted to the Customer, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and / or viewing does not constitute a contractual obligation on the part of KIROS DIET and / or the employee / representative. KIROS DIET that mediated the transfer of Content, if any, to that content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying use agreement, if any, is prohibited.
6.1. The Client / Buyer can place Orders on the Site, by adding the desired Goods and / or Services in the shopping cart, following to complete the Order by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a Good and / or a Service is available for purchase to the extent that there is stock available for it. The addition of a Good / Service in the shopping cart, in the absence of completing the Order, does not entail the registration of an order, implicitly also the automatic reservation of the Good / Service.
6.2. By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
6.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.4. The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other, in the following cases:
6.4.1. non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by KIROS DIET, in case of online payment;
6.4.3. the data provided by the Client / Buyer on the Site are incomplete and / or incorrect;
6.5. The Buyer has the right to withdraw from the Contract, respectively to return a Good or to give up a Service, within 14 calendar days, without invoking any reason and without incurring costs other than delivery. Thus, according to GEO no. 34/2014, the period of returning a Good or giving up a Service expires within 14 days from:
– the day on which the Buyer enters into physical possession of the last Good – if the Buyer orders by a single order multiple products that will be delivered separately
– the day on which the Buyer enters into physical possession of the last Good or the last piece – in case of delivery of a product consisting of several lots or pieces.
6.6. If the Client / Buyer requests the withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the product. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date of informing the Seller by the Buyer of his decision to withdraw from the Contract. The amount will be returned as follows:
6.6.1. for Orders paid by card online -> by refund to the account from which the payment was made or by generating a voucher with the value of the returned product;
6.6.2. for Orders paid with Op / refund / iTransfer / Bank card-> by bank transfer or by generating a voucher with the value of the returned product;
6.6.3. for Orders paid by consumer credit -> cancellation / recalculation of contract rates.
6.7. The Seller will be able to defer the refund until the Goods are sold or until they receive proof that they have been shipped, if he has not offered to recover the Goods himself (the most recent date will be taken).
6.8. If the Good is returned in a condition in which it can no longer be sold as new (open packaging, accessories missing, the Good is damaged), we reserve the right to refuse to receive the good. In any case, opening the bottle containing food supplements automatically leads to the refusal to receive the good from the seller.
Diminution of the value of the returned Goods
6.10. If a Good and / or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Customer / Buyer of this fact and will return to the Buyer’s account the value of the Good and / or the Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.
6.11. The availability of a Good will be displayed on the Site as follows:
- «In stock» – we have more than 3 pieces in stock KIROS DIET
- «Limited stock» – we have less than 3 pieces in stock KIROS DIET
- “In stock supplier” – The good is not available in stock KIROS DIET. If you register an Order for a Good that has «supplier stock» next to it, one of our sales consultants will contact you as soon as possible to communicate the availability of the Good.
- «To order» – The good is not available in KIROS DIET stock and at the moment we have no information about its availability in the supplier’s stock. But, if you register an Order for a Good that has «on order» next to it, one of our sales consultants will check the availability of the product in the supplier’s stock and will contact you to communicate the availability of the Good.
- “Pre-order” – The good is not available in the KIROS DIET stock nor in the supplier’s stock. But, if you register an order for a Good that has «pre-order» next to it, one of our sales consultants will check the supply term of the supplier and will contact you to communicate the availability of the Good.
- «Out of stock» – The item is no longer available in KIROS DIET stock
- «Currently unavailable» – currently we cannot purchase the Good because it is not in the supplier’s stock.
7. GOODS / SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED
7.1. The following are exempted from the right of withdrawal from the Contract:
7.1.1. the supply of Goods and / or services whose price depends on the fluctuations on the financial market, which the Seller cannot control and which may take place during the withdrawal period;
7.1.2. the supply of Goods made to the specifications presented by the Buyer or clearly customized;
7.1.3. the supply of Goods that are likely to deteriorate or expire rapidly;
7.1.4. the supply of sealed Goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the Buyer;
7.1.5. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other elements;
8.1. KIROS DIET will maintain the confidentiality of any information you provide. Disclosure of the information provided may be made only under the conditions mentioned in this Document.
8.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer / Customer regarding the Order / Contract without the prior written consent of the Seller.
8.3. By submitting information or materials through this site, you give the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, in its own interest, this information, ideas, concepts, know-how or techniques that you have sent us through the Site. KIROS DIET will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard.
9. COMMERCIAL COMMUNICATIONS
9.1. The Buyer / User / Customer may change at any time his option regarding the agreement given to the Seller for Commercial Communications containing general and thematic information, including information regarding offers or promotions, as follows:
9.1.1. by changing the Account settings in the «My Subscriptions» section;
9.1.2. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
9.1.3. by contacting the Seller.
9.2. By adding Goods or Services in the Account section:
«My Cart», the Seller will send to the Buyer / User Commercial Communications regarding:
– when changing the price of the Goods or Services added in the “My Cart” section,
– to recommendations of Goods or Services similar to those added in the «My Cart» section,
– the existence of the Goods or Services in the “My Cart” section, and
– stock availability of Goods or Services added in the «My Cart» section.
«Favorites», the Seller will send to the Buyer / User Commercial Communications regarding:
– when changing the price of the Goods or Services added in the “Favorites” section,
– for recommendations of Goods or Services similar to those added in the «Favorites» section, and
– stock availability or Goods Services added in the «Favorites» section.
9.3. Following the purchase of a Good or Service, the Seller will send to the Buyer / User Commercial Communications regarding:
– suggestions of Goods or Services recommended to be used together with the purchased Good or Service.
9.4. The Customer / User may unsubscribe, at any time, from the Commercial Communications mentioned in point 9.3. above by accessing the unsubscribe link displayed in the commercial messages received from KIROS DIET or by contacting KIROS DIET in this regard.
9.5. Also, to improve the supply of Goods and Services and the buying experience, we will use your data to conduct market research and opinion polls. The information obtained from these market research and opinion polls will not be used for advertising purposes, but only in those mentioned above. Your responses to market research and opinion polls will not be associated with your identity and will not be passed on to third parties or published. You may object to the use of data for market research and opinion polling purposes at any time by accessing the unsubscribe link displayed in the message or by contacting KIROS DIET.
10. BILLING – PAYMENT
10.1. The prices of the Goods and Services displayed within the site www.kirosdiet.com include VAT according to the legislation in force.
10.2. The price, the payment method and the payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the delivered Goods and Services, the Buyer’s obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
10.3. The Seller will send to the Buyer the invoice related to the Order containing Goods and / or Services sold by KIROS DIET, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice in the Buyer’s Account or by e-mail to the e-mail address mentioned by the Buyer in his Account.
10.4. For a correct communication of the invoice related to the Order, the Buyer has the obligations to update, whenever necessary, the data from his Account and to access the information and documents related to each Order, existing in the Account.
10.5. Through this method of communication, the Buyer, accessing his Account, will keep a record of the invoices issued by KIROS DIET, being able to save and archive them in turn at any time and in any way he wants.
10.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by adding them by KIROS DIET in the Account or by e-mail, to the e-mail address mentioned in his Account.
10.7. If this information is unavailable for more than 48 (forty-eight) hours in the Account, please notify us of this matter by email: firstname.lastname@example.org
10.8. The payment card data of the User / Buyer will not be accessible to KIROS DIET nor will it be stored by KIROS DIET or by the payment processor integrated in the Site, but only by the transaction authorization institution or another entity authorized to provide card identification data storage services, the identity of which the User / Buyer will be informed prior to entering the data.
The entity authorized to provide card data storage services is Stripe.
10.9. In certain cases, in order to maintain the security of the Transactions, when registering the Order, the Buyer will be required to authorize the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.
10.10. For transaction security reasons, the User / Buyer is advised not to remain logged on to the Site and not to set the option of automatic login on mobile devices. Disclosure of the account access password is not permitted and it is recommended to use a strong security password (eg, to contain at least eight characters, including uppercase, lowercase, numbers, and special characters).
11. DELIVERY OF GOODS
11.1. The delivery conditions of the Goods and Services sold by KIROS DIET can be found in the Order delivery section.
11.2. The Seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
11.3. The Seller will deliver the Goods and Services only on the Romanian territory.
12.1. All the Goods sold by KIROS DIET benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the producers. The goods are new (except for resealed goods), in the original packaging and come from sources authorized by each manufacturer.
12.1 LIMITATIONS OF LIABILITY
KIROS DIETdoes not assume responsibility and cannot be held liable for damages caused by the use in any way of the products purchased through this site. The www.kirosdiet.com website and related materials are used «as is» and «as available» without warranty of any kind.
KIROS DIETmakes no warranties, express or implied, with respect to, but not limited to, the operation of this site, the information, content, materials or products on the site, and their suitability for any particular purpose. KIROS DIET does not guarantee that this site, its servers or e-mails sent on behalf of KIROS DIET are free of viruses or other harmful components.
12.2. The responsibility for the content of the SITE. KIROS DIET is not and cannot be held responsible for the damages created by the errors, inaccuracy or non-updating of the information published or maintained on the SITE, which is not due to its fault.
12.3. If the prices or other details regarding the products / promotions were displayed incorrectly, including due to the fact that they were entered incorrectly in the database, we reserve the right to cancel the delivery of that product and to notify the customer by phone / e- mail as soon as possible, about the error, if the product has not yet been delivered.
12.4 The characteristics of the products presented on the SITE are taken over / made available by manufacturers and / or suppliers and KIROS DIET does not assume responsibility for the correctness of this information.
12.5. The prices of the products on this SITE are informative and may be subject to unannounced changes. The promotions presented on the SITE are valid for the mentioned period of time.
12.6. Also, the images are presented on the SITE by way of example, and the delivered products may differ from the images in any way, due to changes in features, design without prior notice by the manufacturers.
13. TRANSFER OF PROPERTY OF GOODS
13.1. Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning delivery – signing the receipt of the transport document provided by the courier or signing the receipt on the fiscal invoice in case of deliveries made by the Seller’s staff) .
14.1. The Seller cannot be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller’s fulfillment of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for their loss.
14.2. By creating and using the Account, the User / Buyer assumes responsibility for maintaining the confidentiality of Account data (user and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his Account.
14.3. By creating the Account and / or using the Content and / or placing Orders, the Customer / User / Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing at the time of account creation. and / or the use of the content and / or the date of placing the Order.
14.4. Seller reserves the right to periodically update and amend the Site Terms and Conditions to reflect any changes to the Site’s terms and conditions of operation or any changes to legal requirements. The document is opposable to Customers / Users / Buyers from the moment of posting on the Site. In case of any such modification, we will display on the Site the modified version of the Document, reason for which please check periodically the content of this Document.
15. WRITING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
16. PROCESSING OF PERSONAL DATA
17.1. See the Cookies Policy, which is part of this Document.
18. FORCE MAJEURE
18.1. Neither party shall be liable for non-performance of its contractual obligations if such failure to perform on time and / or properly, in whole or in part, is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.
18.2. If within 15 (fifteen) days from the date of its occurrence, the event does not cease, each party shall have the right to notify the other party of the full termination of the contract without any of them being able to claim damages from the other.
19. APPLICABLE LAW – JURISDICTION
19.1. This contract is subject to Romanian law. Any disputes between the Seller and Users / Buyers will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in Bucharest.