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Terms and conditions

TERMS AND CONDITIONS BIOLOGICA COSMETICS CORPORATION L.L.C.

Art. 1 Introduction

1.1 Thank you for your interest in the company, the website and the products we sell through our online store.

1.2 Please read this document carefully. This document (hereinafter referred to as “This Document”, “the Agreement” or “the Terms and Conditions”) constitutes the terms of use of the website https://biologicacosmetics.com/ (hereinafter referred to as “the Site”) and the terms and conditions of placing orders of products through the site, including the conditions of delivery and return. By browsing our site or placing an order, you agree to the Terms and Conditions described below. This document is a legal agreement – a contract between you and us. Please also read our Privacy Policy and Cookie Policy before browsing the site or placing an order. If you do not agree with these Terms or the Policies indicated above, please do not use the site. 

1.3 As the owner / administrator of the website https://biologicacosmetics.com/, Biologica Cosmetics CorporationLLC reserves the right to change and update its content at any time, as well as the Privacy Policy, Terms and Conditions of Use, without prior notice. Thus, please visit this section periodically to check the terms and conditions that you have agreed to abide by. Your order will be subject to the terms in effect at the time of placing your order.

Art. 2 Information about the owner of the website

2.1 The website https://biologicacosmetics.com/ is the property of the company Biologica Cosmetics Corporation LLC, a Romanian company, with its registered office in Viișoara, Alexandru cel Bun, 30A Primăverii street, county of Neamt, having the URC: 36479649 and registration number with the Trade Register: J27/780/2016. 

2.2 Contact addresses: Viișoara, Alexandru cel Bun, 30 A Primăverii street, county of Neamt, e-mail address: shop@biologicacosmetics.com, Telehone: 0751.503.409. 

Art. 3 Intellectual properties

3.1 The content of this site is the property of Biologica Cosmetics Corporation LLC. 

3.2 Biologica Cosmetics Corporation LLC guarantees the user limited access to the site https://biologicacosmetics.com/, in his personal interest (making online orders or for information) and does not give him the right to download or modify in part or in full to reproduce in whole or in part the site, to copy, sell / resell or to exploit the site in any other way, for commercial purposes or contrary to the interests of Biologica Cosmetics Corporation LLC, without his / her prior written consent. 

3.3 The databases, programs, graphics elements are the exclusive property of Biologica Cosmetics Corporation LLC and are protected by the  Law no. 8/1996, on copyright and related rights, as subsequently amended and supplemented.

3.4 The copying, storage, partial or total modification of the site is strictly forbidden and is punished according to the laws in force regarding the protection of the copyright. 

Art. 4 Definitions and terms

4.1 Seller – Biologica Cosmetics Corporation LLC.

4.2 Buyer – any natural person over the age of 18 or legal person or any legal entity placing an Order.

4.3 Customer – any natural person over the age of 18 or a legal person who has or obtains access to the CONTENT, through the means of communication provided by Biologica Cosmetics Corporation LLC (electronic, telephone, etc.) or based on a user agreement existing between Biologica Cosmetics Corporation LLC and him/her.

4.4 My Cart – section of the site that allows the Buyer to add the products he wants to purchase at the time of addition or at a later time; 

4.5 Website – the online store hosted at the web address: https://biologicacosmetics.com/ and its subdomains.

4.6 Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site, its intention to purchase Products from the Site.

4.7 Products – any product or service listed on the Site in the “Shop” section, including the products and services mentioned in the Order, which are to be provided by the Seller, to the Buyer as a result of the concluded Contract.

4.8 Campaign – the act of displaying for commercial purposes a finite number of Goods and / or Services with a limited and predefined stock, for a limited period of time set by the Seller.

4.9 Contract – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

4.10 Content – includes:

➢ the information on the Site that can be visited, viewed or accessed by using an electronic device;

➢ the content of any e-mail sent to Buyers by the Seller by electronic means and / or any other available means of communication;

➢ the information communicated to the Buyer by any means by an employee / collaborator of the Seller, according to the contact information, specified or not by him;

➢ information related to the Products and / or Services and / or prices charged by the Seller during a certain period;

➢ data regarding the Seller, or other privileged data of the Seller.

4.11 Commercial Communications – any type of message sent that contains information about products similar or complementary to the ones you purchased, information about offers or promotions, information about the Products added in “My Cart” section and others commercial communications such as market research and opinion polls. 

4.12 Transaction – the collection or refund of an amount resulting from the sale of a Product by Biologica Cosmetics Corporation SRL, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the delivery method. 

4.13 Specifications – all the specifications and / or descriptions of the Products as specified in their description. 

4.14 Sale price – represents the equivalent value of the Product, claimed and requested by the Seller, to the Buyer, highlighted accordingly in the product page of the Site. The seller can display separately, in a visible way, the value / percentage amount of the difference between the Sale Price and the Discount Price. The Sale Price is valid within the available stock of the Product. 

4.15 Discount price – represents the reference price, respectively the lowest price charged by the Seller at least during the last 30 days before the date of application of the price reduction on the Product. Under the law, the reduced price can be maintained even under a successive, gradual reduction. The reduced price is valid within the available stock of the Product. 

4.16 Review – a written evaluation by the Buyer of a Product, an evaluation based on his personal experience and ability to make qualitative comments and to say whether or not the Product complies with the specifications mentioned by the manufacturer.

Art. 5 Order, transport and delivery

5.1 The Buyer can place Orders on the Site, by adding the desired Products to the shopping cart, and will complete the Order by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a Product is available for purchase as long as there is stock available for it. The addition of a Product to the shopping cart, in the absence of completion of the Order, does not entail the registration of the order or the automatic reservation of the Product.

5.2. By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are real, complete and up to date on the date of placing the Order.

5.3 The Buyer has the obligation to refrain from registering a false or fraudulent order; otherwise the Seller has the right to cancel the order and to inform the competent authorities or to go to court to recover any damages caused.

5.4 By registering an Order on the Site, the Buyer declares that he agrees with the form of communication (telephone or e-mail) through which the Seller carries out his commercial operations.

5.5 The notification received by the Buyer after the execution of the Order has an informative role and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.

5.6 The Seller may cancel the Order placed by the Buyer, following prior notice to him, without any subsequent obligation on the part of either party or without any party being able to claim damages from the other party in the following situations:

  • non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in case of online payment;
  • invalidation of the transaction by the card processor approved by the Seller, in case of online payment;
  • the data provided by the Buyer on the Site are incomplete and / or incorrect;

5.7 The contract is considered validly concluded between the Seller and the Buyer at the time of receipt by the Buyer, by e-mail and / or SMS of the notification of dispatch of the Order. 

5.8 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.

5.9 The seller does not guarantee that any products that have been included on the site at any time will be available at any time. The seller reserves the right to discontinue the marketing of a product at any time. To the extent that the ordered products are unavailable, the Seller will inform the Buyer of the unavailability of these products and will recommend similar products, at a value equal to or close to those ordered. To the extent that the Buyer does not want the recommended similar products, the order will be canceled and the amounts paid will be refunded to the Buyer. 

5.10 All the prices related to the Products presented and marketed on the Site are expressed in lei (RON), Euro (EUR) or in the local currency of the country of distribution and sale and include VAT. The prices of the products can be updated / modified at any time, and this update / modification will replace any previous price. Your order will be charged at the time the order is actually placed.

5.11 In the case of online payments, the Seller is not responsible for the additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, if the currency of its issuance differs from RON. The responsibility and costs for this action will be borne by the Buyer. 

5.12 The information used to describe the Products available on the Site does not constitute a contractual obligation on the part of the Seller, they being used exclusively for presentation purposes.

5.13 Shipping or delivery charges are not included in the price, except for certain offers that will be brought to the Buyer’s notice, if any, through the Website. The seller reserves the right to choose the courier company with which he will send the orders, any delays in sending the package, due to reasons beyond the seller’s will (e.g. holidays, Black Friday, etc.) or damage to the package during transport by the courier company / transport, unable to hold the Seller liable.

Art. 6 Guarantees

6.1 The products marketed by Biologica Cosmetics Corporation LLC, with the exception of resealed Products, are approved and approved by the competent bodies according to the legislation in force. The products are new (except for resealed products), in the original packaging and come from sources authorized by the manufacturer.

6.2 The products marketed comply with the European norms and requirements applicable on this date, including on the Romanian territory. Also, the products comply with Law no. 508/2002 for the completion of Law 178/2000 regarding cosmetic products. 

6.3 Given the nature of the products marketed – cosmetics and dermatological care products – there is a possibility of reactions caused by the user’s skin sensitivity, use, interactions with other products used – individual reactions that derive from the individual situation of each user and do not involve the existence of a non-conformity of the product. 

6.4 Our recommendation is to use our treatment products only according to the instructions for use on the product label / box and only after a discussion with a professional in the field – dermatologist, pharmacist or pharmacy consultant – to make sure that your choice it is suitable and beneficial for your skin. We are at your disposal for purchase recommendations as well as for post-use consultancy on all our communication channels. 

6.5 The shelf life of the products is calculated from the opening of the product and is according to the product label of 12 months / 36 months. 

6.6 The calculation of the shelf life of products, especially for some products, may not be specified for various reasons, in accordance with the provisions of Law 178/2000 on cosmetic products harmonized with the provisions of European Commission directives, which specifies in Article 8 letter e): The expiry date, marked by the phrase “Preferably consumed before”, followed by the date or details of the place where the date is written on the packaging. This information is supplemented by an indication of the conditions that must be met in order to guarantee the declared validity. 

6.7 The indication of the shelf life is not mandatory for cosmetic products with a minimum shelf life of at least 30 months. Such products are accompanied by an indication of the duration of use from the opening which does not present any danger to the consumer. 

6.8 These expiration dates are closely related to the use and storage conditions of the product on the product label / box. Any cosmetic product, stored in cool places, protected from moisture, without sun exposure, will maintain its properties and characteristics throughout its use. 

6.9 Here is the indicative shelf life after sealing of the most common cosmetics: 

  • powder products: 2-3 years • 
  • lipstick, lip gloss: 2-3 years 
  • lip balm: 1 year 
  • cleansing lotion : 1 year 
  • tonic lotion: 6 months – 1 year 
  • moisturizer: 6 months – 1 year 
  • face mask – 3 months
  • shampoo, conditioner – 1 year 

How to store cosmetics can prolong their life: take care to protect your cosmetics from heat, sun and keep them, as much as possible, in the original packaging. 

6.10 Attention! The use of expired cosmetics can cause allergic reactions and in some cases can lead to serious health problems. 

6.11 Due to the volatile substances they contain, cosmetics can lose their properties much faster than the term indicated on the packaging. To prevent these situations from occurring, avoid leaving the product with the packaging open for a long time. Storage of cosmetics should be done in places with a constant temperature, away from direct sunlight or excessive moisture. 

6.12 If the product acquires a suspicious odor or color, even if it is within the shelf life, we recommend that you dispose of it to avoid accidental use by you or a loved one. In case of severe irritation or other allergic reactions, malaise, etc., please contact your specialist immediately. 

6.13 We are not responsible for any adverse reactions due to improper use / storage of the product or ignorance of the use and precautions set out on the product label / box as well as any allergies to the ingredients in the product compound on the product label. 

Art. 7 Right of withdrawal

7.1 According to the GEO no. 34/2014, if you are a consumer (natural person) you have the right to withdraw from the contract, without any specific reason, within 14 days from the day when you or a third party mandated by you, other than the carrier, came into possession physical properties of the products. For more information on how to exercise your right of withdrawal, please see our website in the Return Policy section.

Art. 8 Reviews

8.1 Buyers can write reviews in the “Reviews” section of each product. The information entered can be both positive and negative, and will refer to the characteristics and use of a product.

8.2 Upon registration of a Site Review, Buyers grant the Seller a non-exclusive, perpetual, irrevocable, unlimited license and grant the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.

8.3 When formulating a Review, the Buyer undertakes to comply with the following rules:

  • to refer only to the characteristics and / or use of a particular product, avoiding information about aspects that may change (price or promotional offers) or information related to the conduct of the Order;
  • to use the language in which the Site is written;
  • to use appropriate, civilized language, without offensive or vulgar terms;
  • to ensure that the information provided is realistic, correct, not misleading and in accordance with applicable law, thus respecting the rights of other parties, copyright, trademark, license or other proprietary, advertising or privacy rights;
  • to use this facility only to communicate additional details regarding a particular product on the Site without referring to other companies that promote the sale and purchase of products or services;
  • not to provide or request, in any way or in any way, personal data (contact details, information on delivery or home address, telephone numbers, email addresses, first and last name, etc.) or any other information that may lead to the disclosure of such personal data;
  • not to enter information and / or details about URLs (links) from other commercial sites that carry out the same commercial activity as the Seller;
  • not to try to defraud the services provided by the Seller or to submit Reviews containing advertising material;
  • not to use the Review as a means of communication with the Seller, in this sense the contact data of the Seller registered on the Site will be used.

8.4 The seller reserves the right to delete reviews posted in violation of the above rules.

8.5 In addition to a realistic critical evaluation, at the time of submitting a Review, the Buyer will also add a relevant Rating for the related product. Reviews, along with their respective Ratings, will influence the overall rating of the product or service, the number that appears on the Product page.

Art. 9 Processing of personal data

9.1 The site processes personal data provided by the Buyer or collected from other sources as described in detail in the Privacy Policy, which you should consult.

Art. 10 Use of Cookies

10.1 Please refer to the Cookie Policy, which is an integral part of this document.

Art. 11 Force Majeure and Fortuitous Case

11.1 The seller will not be held liable for any delay or failure to perform the services provided, in case of force majeure or fortuitous event. Force majeure includes, but is not limited to, changes in laws or regulations, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, epidemics, pandemics, weather conditions and acts of hackers or Internet service providers. 

Article 12 Final clauses

12.1 This document constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes any other agreement, any prior oral or written agreement between you and us.

12.2 This Agreement is binding. You may not transfer, assign, burden or otherwise dispose of this Agreement or any of your rights or obligations under it without our prior written consent. We may transfer, assign, burden, subcontract or otherwise alienate a Contract or any of our rights or obligations under the Contract.

12.3 Romanian law shall apply to this Agreement, as well as to any use of the site. Any dispute between us will be submitted to the Romanian courts for settlement.