1. PREAMBLE
- By accessing and using www.amiramour.eu you accept without any limitations or exceptions these Terms and Conditions.
- Terms and Conditions represent the legal agreement between you, as a Customer and Amiramour, as the seller. Before using the website or placing an order we strongly recommend you reading these Terms and Conditions. Browsing the website, registering a user account or placing an order will be considered as a complete acceptance of these Terms and Conditions.
- We advise you that these Terms and Conditions can be amended, consolidated, modified, extended, re-enacted or replaced at any time by Amiramour. The updated form of this document will always be found on the website. In consequence, the Customers should regularly check the provisions of these Terms and Conditions, in the updated form.
- If at any given time you are no longer agreeing with these Terms and Conditions, even partially, we advise you to cease utilizing the website.
- In these Conditions, references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
2. DEFINITIONS
- ‘Amiramour’ means “Amiramour” S.R.L. - Company Number RO 40257799, with its headquarters in Romania, registration number J12/5326/2018 – office: Cluj-Napoca, 13, Anemonelor Alley, 400482 Cluj County, Romania, phone: 0040 757 455 050, email: orders@amiramour.eu
- ‘Conditions/Policy’ means these terms and conditions.
- ‘Site’ means the website of Amiramour.
- ‘Website’ means www.amiramour.eu.
- ‘Contract’ means any contracts concluded between Amiramour and the customer, for the sale and purchase of Products from the Website. All the contractual aspects can be found in this Document and must be read and accepted by the customer before placing an order. A legally binding contract is created between the customer and Amiramour when we confirm that the ordered products are available in our stock and they are ready to be dispatched.
- ‘Document’ means this Policy regarding the Terms and Conditions.
- ‘User’ means any individual that has created/registered and user account on the website.
- ‘Order’ means any order (whether oral-by phone and written-online) for Products placed by the customer.
- ‘Parties’ mean Amiramour and the customer (parties of the contract).
- ‘Product / Products’ mean any product, article and/or item which Amiramour sells on its Website (detailed in section 7).
3. ACCESS TO THE WEBSITE
- You are provided with access to this Site in accordance with these specific Conditions and any orders must strictly be placed in accordance with these Conditions.
- Your use of the Site is subject to these Conditions. By using the Site, you will be considered to have accepted and agreed to be bound by these Conditions.
- Nothing in these Conditions is intended to exclude or limit any liability that may not by law be excluded or limited, in particular none of the clauses are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be previously excluded.
4. OUR RIGHTS
In accordance with these Conditions, we reserve the right to:
- Modify or withdraw, temporarily or permanently, this Site (or any part of it) with or without noticing you.
- Restrict your access to the Site or to any part of it. If we grant you access to a restricted or a privileged part of the Site, we may withdraw that permission at any time, without noticing you.
- Make changes to our Terms and Conditions from time to time. We will notify you of the changes we have made by posting the updated version of these Conditions on the Site. You can determine when we last updated these Conditions by verifying the ‘Last updated’ option stated at the beginning of the webpage.
- Protect our Intellectual Property rights on the Site, including all the text, pictures, videos and other content made available on the Site. Thus, you acknowledge and agree that:
- Copy Rights, Trademarks and all other Intellectual Property rights which form the website are our property;
- Every element contained on this website is only available for your personal use, commercial use is strictly prohibited.
- You agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website (including, but not limited to: themes, fonts, sub-themes, categories, sub-categories, presentations, product names, product overviews), including all intellectual property rights unless we expressly authorize / permit you to do so.
- If, in any particular or general way, you breach clauses 4.4 – 4.5, we reserve the right to claim damages against you, for your illicit breach of our intellectual property rights and demand that you stop using the content taken without authorization or permission from our Site immediately.
- You are also advised that, in case of breaching our intellectual property rights, we will fully aggressively enforce our intellectual property rights of the law.
5. USE OF OUR WEBSITE
- Your permission to use our Website is personal and non-transferable and it is strictly forbidden to use the Site for commercial purposes. Your use of the Site is bound to the acceptance of the rules set out in these Conditions, therefore you agree that you will not:
- use the Site for any fraudulent or unlawful purposes;
- use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with our Website;
- interfere with (or disrupt) the functionality of the Site or the servers / the networks that are used to make the Site available and usable;
- transmit or otherwise upload on the Site any virus, worm, Trojan horse or other computer-generated code that is harmful or invasive or may damage/disrupt the operation of any software or technical equipment;
- remove / blur / crop any copyright, trademark, or other intellectual propriety rights notices from the Site or materials originating from the Website;
- frame, mirror, duplicate, any part of the Site without our express written consent;
- reproduce the presentation of the Site (including, but not limited to themes, sub-themes, categories, sub-categories, product images, product presentations, product overviews etc.)
6. THIRD PARTY LINKS
- To provide useful suggestions or to make an easier use of the Website for the Customer, we may provide links to other websites. Thus, you acknowledge and agree that we are not responsible for and do not endorse such external websites or resources. They are not under our control and we cannot be held responsible for any problems that may occur while using them. Your use of the third-party websites is at your own risk.
7. PRODUCTS
- The products marketed through this website are (this is not a limited list): Decorative Pieces, Dinnerware, Cutlery, Glassware, Serveware, Flowers for life, Vases, Vase Fillers and Sprinkles, Candles and Candle Holders, Lanterns, Placemats, Runners, Coasters, Napkins, Napkin Rings, Theme in a Box.
- Please take into consideration that a vast majority of our products are fragile or very fragile. We will make all the arrangements so your products will be packaged properly for the delivery. Regarding this matter, please be aware of the fact that since the courier receives the package from us, we cannot be held liable for any damages that will be done to the package. When we will deliver the package to the courier, we will make sure that everything is properly set up, and since that moment, it is the courier’s responsibility to take care of the package.
8. HOW TO ORDER OUR PRODUCTS
- Orders can be placed either online or by telephone.
- If you choose to order online, you will have the option to create a User Account on our website and continue with your order, or you will be able to make an order without being asked to create an account. Creating the User Account is at our clients disposal, the benefits of creating such an account are multiple: faster future orders (the client will not have to enter all the delivery data once again); the possibility to create customised preferences for future orders and many others.
- After you have placed an order online or by telephone you will receive two emails (if you have an email address):
- The first email is a confirmation email which you should receive after your order has been placed and the products are verified to be available in our stock. In case there is a problem regarding your order, you will be contacted promptly and if your order cannot be honoured or if there is a delay in dispatch you will be notified as soon as possible. We will not collect any funds until we are ready to dispatch your items.
- Once we have dispatched your order, the second email you receive will include your tracking number.
9. PRICES
- Prices are as displayed on our Website and they are presented in EURO (€).
- We try to ensure that prices shown on our Site are accurate, but they will still need to be validated before your order is processed. If there will be a price difference, we will contact you immediately and you will have the right to cancel your order. In this case, we will refund any money received from you regarding that specific transaction.
- Prices displayed on our Website include VAT but exclude delivery charges, if they are applicable. Please see the Delivery section below for details of our charges.
- Delivery charges will be seen in the final step of the order, where you will be able to acknowledge the total sum of the products you decided to purchase, plus the delivery charges. The final sum will consist of the products’ price plus the delivery charge.
- If the order will be placed via phone, you will be informed about all the details stated above, and you will be asked if you consent to the transaction and if you agree with the total sum. In case of a phone order, it will also be necessary to have a written confirmation of all the order’s details and of the assumption of the present Document.
10. PAYMENT
- When ordering products from Amiramour, the accepted payment methods are as follows: credit and debit card (Visa, Mastercard) and PayPal. Take into consideration the fact that payment will be debited when the stock has been confirmed as ready for dispatch. Furthermore, we advise you that that we do not accept cheques or bankers’ drafts as a payment method.
- To ensure that shopping online is safe and secure, your credit or debit details will be encrypted through advanced techniques in order to minimize the risk of your details being read, copied or duplicated by an unauthorised individual as they are sent to us over the Internet.
- 10.3 If payment for the goods you ordered is made via bank transfer, goods will only be dispatched when the funds have been verified and approved in our account.
11. CONTRACT
- A legally binding contract is created between you and Amiramour when we confirm you that the product/products you ordered are available in our stock and they are ready to be dispatched.
- When you place the order on our website it does not mean that the contract has been created. In order to avoid problems that may appear during this procedure, we advise you that the contract is created at the moment you receive the confirmation that the products are available and they are ready to be dispatched to you.
- Before you place an order on our website, we strongly recommend reading these Conditions, as they are the general frame in which the contract will be created. By ordering from us, you acknowledge that you have read and accepted these Terms&Conditions.
- This document contains all the general and relevant information regarding your order on our website. Other details such as price or ETA delivery will be found in the e-mail that confirms the fact that your order has been accepted and the products are ready to be dispatched.
12. RIGHT TO CANCEL YOUR CONTRACT
- You have the option to cancel your contract with us for the goods you ordered from www.amiramour.eu at any time up to the end of the fourteenth day from the date you received the ordered goods.
- You are not required and do not need to give us any reason for cancelling your contract, neither will you have to pay a penalty.
- If you want to cancel your contract, you can choose any of these alternative:
- by email - > orders@amiramour.eu
- by phone -> 0040 757 455 050
- by filling in the withdrawal form
- Orders are dispatched promptly, therefore we will not be able to cancel or amend your order once you have received your order confirmation. If you still wish to cancel your order, please return your order once you have received it, in accordance to our return policy.
- Upon receipt of the goods we will credit the purchaser within 48 hours with the purchase price minus any handling charge which may have been incurred during the process. We will not be responsible for any refund regarding postage or carriage fees.
- We recommend using an insured service to ensure that the goods will arrive safely at return. If the product has been damaged either while in the customer’s care, or on the return journey to Amiramour, we reserve the right to deduct from the return amount the costs we will have in order to rectify the damages that have been done.
- If the goods you have purchased need to be returned by freight you will be responsible for the cost of this transport, although, if requested, Amiramour can arrange the return by freight.
- Please take into consideration that Amiramour does not have an exchange policy.
- Taking into consideration Regulation no. 34/2014 regarding consumers’ rights (OUG 34/2014) if you buy online or by phone call, you are entitled to a full refund if you request this within 14 days since you have received your goods. This includes any standard delivery charges on your order, but excludes any charges incurred in returning the products to us. If a return is not requested within 14 days, we will refund the price purchase in a 14 days-term (calculated from the receiving of your cancellation), but not any delivery costs incurred by us in sending the order to you or incurred by you in returning the goods to us. Please take into consideration that this clause is intended only for natural persons. Legal entities are not entitled to such a refund.
13. 30-DAY MONEY BACK GUARANTEE POLICY
- In addition to clause 12 we also offer a 30-day money back guarantee for the goods purchased from our website. If the goods you receive are defective as at the day of delivery, you have 30 days from the date received the product to make use of this money back guarantee policy.
- If you have purchased an item from Amiramour within the last 30 days and you are not happy with it, please refer to the instructions provided in the order you received with the product, alternatively email orders@amiramour.eu for assistance regarding this procedure. You will need to return the item you purchased, unused and in a resalable condition, to the returns address: Cluj-Napoca, 13, Anemonelor Alley, 400482 Cluj County, Romania.
- Amiramour reserves the right to establish that goods are not faulty as at the day of the delivery and does not automatically accept liability for faults in any goods that are returned.
- Once the item has been received and verified, if we consider that the item was not faulty or damaged at the date of delivery, you will be notified of this conclusion within 48 hours of receipt. In this particular case you will not be entitled to a refund under the 30-day money back guarantee policy, but you will be entitled to request that the item shall be returned to you and you will be responsible for the cost of delivery.
- Please note we will not be responsible for items lost or damaged in transit during return.
- Take into consideration that the 30-day money back guarantee policy does not apply to those products where it is indicated in the product description that they are not eligible for this kind of option.
- Refunds will be processed by the original payment method. If the card used to make the original payment has expired or is no longer available, we will offer PayPal or bank transfer as an alternative.
- If the products supplied by Amiramour are faulty on the day of delivery, you have the right to reject the goods as outlined above.
- Please acknowledge that any returned items that are received outside of the 30-day return period will not be accepted for a refund and will be returned to the original delivery address. Take into consideration that dispatch charges will apply once again and must be paid in full before the product will be delivered back to you.
14. CANCELLATION BY US
- We reserve the right to cancel the contract between us if:
- We have insufficient stock to deliver the products you have ordered;
- We do not deliver in your area;
- One or more of the products that you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. In this case, you will be informed about the errors, and if you agree with the right price, and no other conditions from above occur, we can still deliver your order.
- If we cancel your contract, we will notify you by email (or by phone call) and will credit your account with any sum deducted by us from your credit / debit card as soon as possible. We advise you that Amiramour will not be obliged to offer any additional compensation for consequential loss or disappointment suffered by the customer.
15. DELIVERY
- Our goal is to deliver all orders within the specified times once the receipt of payment has been confirmed. All deliveries are subject to stock availability and security checks. Delivery will be made to the address provided by the consumer in the order.
- Our main area of delivery is as follows: Europe, Saudi Arabia, United Arab Emirates, Qatar, United States of America, Canada, Australia. Although, we do not exclude any other territory or country, but before you place an order on www.amiramour.eu, you should check if there are any restrictions regarding this type of transaction in your country.
- Even if we will make every possible effort to deliver within the time stated on our website, we will not be responsible for any loss caused to you by late deliveries as a result of courier actions or other circumstances which are beyond our control. We will endeavour to deliver within 30 days of the contract being entered. Please contact us at orders@amiramour.eu or by phone 0040 757 455 050 as soon as possible if you do not receive your products within a reasonable time. We will endeavour to get the ordered products to you as soon as possible. Thus, if the order arrives late you may cancel the contract. In consequence, you will be refunded once the products have been returned to us in good order or classified as lost by the Carrier Company.
- Amiramour will deliver your order to the delivery address stated on your order form. Amiramour will not be held liable for any missing parcels if the delivery address has been entered incorrectly.
- If the products are returned to us either because of an incorrect address or because of customer failure to contact the courier company or collect the goods from the depot where requested, we will refund the price of the products after deducting the delivery costs supported by us in sending out the products plus any additional costs charged on our behalf by the courier company for returning the products to us.
- If a customer requires a package to be redirected because a wrong address has been given, there will be a redirect charge which will be supported by the customer.
- If the products we deliver to you are damaged or we have sent you the incorrect products or the wrong quantity, please contact us within seven 7 days since you received the products at orders@amiramour.eu. We require you to notify us within seven 7 days to ensure a prompt response from us.
- We strongly advise you to refuse to sign for any packages that are damaged or opened. We cannot accept any responsibility for products which are damaged or sent in error unless you notify us in accordance with the statements made above.
- The courier we choose to use for our deliveries is at our own discretion. At the moment, the couriers we work with are DHL, Eurosender and Sameday.
- Amiramour cannot be held responsible, nor there will be any liability, for goods that are requested to be left in a safe place or without a signature.
16. APPLICABLE LEGISLATION. LITIGATION
- These Conditions shall be governed by and construed in accordance with Romanian law and the Romanian Courts shall have jurisdiction.
- In the event of any dispute regarding the validity of this Policy or resulting from or in connection with the conclusion, interpretation, execution or termination of the contract, it will be settled either by requests addressed to the material competent courts of the City of Cluj-Napoca or by arbitration The Arbitration Court of the Cluj Chamber of Commerce and Industry, according to its procedure and by a single arbitrator. The judgment is final for the parties. Either party is given the opportunity to choose one of the two ways of resolving disputes.
17. LIABILITY
- If the products you received are not those that you ordered, if they are damaged or defective, or you’ve received an incorrect quantity, you shall notify us in writing at our contact email address within 7 days of the delivery. We cannot accept any liability regarding these matters unless you notify us in accordance with these terms and conditions.
- If the ordered products do not arrive within the date specified on the website / in the confirmation email, we require you to notify us at our contact email address within 30 days of receiving the products. We cannot accept liability unless you notify us in accordance with these terms and conditions.
- If you will notify a problem to us under clause 17.1 or 17.2 as stated above, at your option, we will be obliged:
- To replace or repair any products that are damaged or defective where it is proportionate and possible to do so; or
- To provide a refund to you of the amount paid by you for the specific products.
- We advise you that we will not be held responsible to you for any indirect or consequential loss, damage or expense (including loss of profits business or goodwill) arising out of any problem you notify to us under this condition.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our Site. The importation of certain products to your country may be prohibited by certain national laws.
- None of the clauses in these Conditions are intended to limit any rights you may have as a consumer neither under applicable local law or other statutory rights that may not be excluded nor in any way to exclude liability for any death or personal injury resulting from our negligence.
18. EVENTS BEYOND OUR CONTROL
- We have no liability to you for any failure to deliver the products you have ordered from our Website or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond our reasonable control including but not limited to: flood, fire, explosion or accident, strikes, lock outs and other industrial actions, breakdown of system or network access etc.
19. INVALIDITY
- If a part (or more than a part) of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Conditions will not be affected.
20. THE ENTIRE AGREEMENT
- These Conditions, together with additional terms and conditions for specific products, delivery details, contact details, privacy policy, represent the whole of our agreement relating to the supply of products to you by Amiramour. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any product offered for sale by Amiramour.
21. COMPLAINTS/ FEEDBACK/ RECOMMENDATIONS
- Please feel free to give us any feedback, recommendations or comments about our services, policies and website structure or functionality. We take this matter very seriously and we aim to deal with any problems or difficulties in a fair time span and in an effective manner, with positive results. Please email us at orders@amiramour.eu or give us a phone call at 004 0757 455 050. We try our best to respond to any emails within one working day since the reception.
- You also have the right to fill in the following complaint form
- We inform you that, for consumers (natural persons), there are extrajudicial mechanisms available, following the instructions provided by: