TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS
FORMA SHE FITNESS SRL is a trading name of COMPANY, a company registered in Romania under registration number J40/10859/2014. Our registered address is Strada Dumitru Florescu 17, Et. 3, Sector 1, Bucuresti 012114, Romania. Our VAT number is 33599470.
We may modify the Terms from time to time. Please read the Terms and check back often. If you do not agree to any change to the Terms, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change our registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify COMPANY immediately of any breach of security or unauthorized use of your account.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals and others who meet the COMPANY’s terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to COMPANY, whose applications are acceptable to COMPANY and who have authorized COMPANY to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, COMPANY reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorize us to perform credit checks and, where COMPANY feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
FURTHERMORE, YOU AGREE THAT WE MAY USE PERSONAL INFORMATION PROVIDED BY YOU IN ORDER TO CONDUCT APPROPRIATE ANTI FRAUD CHECKS. PERSONAL INFORMATION THAT YOU PROVIDE MAY BE DISCLOSED TO A CREDIT REFERENCE OR FRAUD PREVENTION AGENCY, WHICH MAY KEEP A RECORD OF THAT INFORMATION.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
COMPANY offers products for sale that are in stock and available for dispatch from our distribution center or fulfilment service provider. Occasionally, however, we may be waiting for shipments from our suppliers. You may choose to register your email address for notification of arrival of the selected merchandise not held in stock. If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within a reasonable period of time of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period. COMPANY will store a record of your transactions for the minimum period required by law.
Prices shown on the Site are in RON and are inclusive of VAT at the applicable rate. All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of blatant error.
Product prices are set at the time the product is placed on the Site, and updated, if applicable, quarterly, using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Unless expressly identified on the Site as being included in the purchase price, shipping costs are not included in the price and will be determined at the time and pursuant to the order form and the Shipping Rates and Policy, if applicable.
If you are a customer whose credit/debit card is not denominated in RON, the final price will be calculated in accordance with the applicable exchange rate as determined by your card issuer processes the transaction.
ACCEPTANCE OF ORDERS
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, and is just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and COMPANY will be completed when we email you to confirm the goods have been dispatched (the “Order Confirmation”). The sale contract is concluded on the date of the Order Confirmation in Bucharest, Romania and the language of the contract is Romanian. Neither our third party payment processor nor our nominated courier or fulfilment service provider has the authority to accept an order on behalf of COMPANY.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the Terms.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on the Site are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
We accept the credit cards, and any other methods, which are clearly advertised on the Site from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to COMPANY, we will not be liable for any delay or non-delivery.
All credit/debit card transactions on this Site are processed using NETOPIA mobilPay, a secure online payment gateway that encrypts your card details in a secure host environment.
You can also choose to pay with PayPal if made available on the Site.
To help make your shopping experience safe, simple, and secure, COMPANY uses Magento technology.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of gross negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift), then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by COMPANY, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within a reasonable period of time from the order date. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. COMPANY are not responsible for any delays caused by any third party during the delivery process.
CANCELATION AND RETURNS
Cancelling Your Order Under The Consumer Contracts (Information, Cancellation And Additional Charges) Regulations 2013
If you are based in the EU, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
Right to Cancel under the ICACRs
You have the right to cancel your order within 14 days without giving any reason. The cancellation period will expire 14 days from the day after the day on which you acquire (or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods that you ordered.
To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Customer Care Department by email to: email@example.com
For orders cancelled under the ICACRs, we will issue you a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than: (i) 14 days after the day we receive back from you any of the goods supplied; or (ii) (if earlier) 14 days after the day you provide us with evidence that the goods have been returned; or (iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied or having sent the goods back, whichever is the earliest. If we do not receive the cancelled order back, we may arrange to have it collected from you at your cost.
You shall return cancelled orders to: SC Frisbo Efullfilment SRL at Localitate Bod, strada Harmanului FN, Judetul Brasov, Romania, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.
You will have to bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.
Except for cancellations using your rights under the ICACRs, all sales are final and returns or exchanges will not be accepted.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including COMPANY Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by COMPANY and/or its third party licensors. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server or location, or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. COMPANY tries to ensure that the information on the Site is accurate and complete. COMPANY does not promise that COMPANY's Content is accurate or error-free. COMPANY does not promise that the functional aspects of the Site or COMPANY's Content will be error free or that this Site, COMPANY Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Opinions expressed on COMPANY Site are the personal opinions of the authors and do not reflect the views of COMPANY. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to COMPANY a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take time to be displayed but COMPANY does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail firstname.lastname@example.org. COMPANY reserves the right at its sole discretion not to publish or to remove any comment including without limitation those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, and improperly uses the medium for promoting and advertising businesses. This Site is available to the public, and information you consider confidential should not be posted to this Site.
The personal opinions of the suppliers, designers and labels whose products we sell, or any third parties with whom we are associated, are their own and do not necessarily reflect the views of COMPANY and we accept no responsibility for any such views expressed in any media.
DATA PROTECTION AND USE OF PERSONAL INFORMATION
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site.
You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than COMPANY, including advertisers. COMPANY has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You have certain rights under the law. Nothing in the Terms is intended to affect these rights. For more information about your rights contact the relevant authorities in Romania.
LIMITS ON OUR LIABILITY
Nothing in the Terms is intended to limit your rights which are mandatory under the law, including your statutory rights as a consumer. Subject to such mandatory rights under applicable law, our liability is limited as follows:
We shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this contract or any further agreement, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence, or negligence by our employees, our nominated third parties, agents or otherwise) which arise out of or in connection with the supply of any product or service.
Without limiting the generality of the foregoing: if COMPANY breaches the Terms or otherwise we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach; we shall not be liable to you or be deemed in breach of these Terms by reason of any delay in performing, or any failure to perform any of the respective obligations under these Terms, if the delay or failure was due to any cause beyond our reasonable control (including but not limited to any act of god, legislation, war, fire, flood, drought, inadequacy or unsuitability of any instructions, electronic file or other data or materials, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute, or owing to any inability to procure materials required for the performance of the Terms); in the event that any product or service provided to you by COMPANY proves to be defective for any reason, including negligence, our liability (if any) shall be limited to the rectification of the defect and we shall only be liable for losses up to 100% of the total value of goods purchased giving rise to the liability; we are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity); we are also not responsible for failure to meet any of our obligations under the Terms where such failure is due to events beyond our reasonable control; and in respect of FormaSheFitness magaznine (“FormaSheFitness Magazine”), our aggregate liability in connection with the agreement between you and us or any further agreement (whether in contract, tort or otherwise) for loss or damage shall not exceed the price of the subscription of FormaSheFitness Magazine in respect of one incident or a series of incidents.
Where we or we procure that our nominated third party rectifies any product or service under this clause you shall not be entitled to any further claim in respect of the products or services delivered nor shall you be entitled to treat delivery thereof as a ground for repudiating the agreement between you and us, failing to pay for the product or service or cancelling further deliveries.
To the extent permitted by law, COMPANY excludes all other liability to you.
At our request, you agree to compensate us fully, defend us, and hold us harmless immediately on demand, and COMPANY’s officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and COMPANY as a result of the Terms or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of COMPANY, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.
COMPLAINTS AND GOVERNING LAW
If you have a complaint about us email email@example.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The Terms together with all our policies and procedures will be governed by and construed in accordance to the Romanian law and the relevant courts of Bucharest, Romania will have exclusive jurisdiction.
MARKETING OPT-IN AND OPT-OUT PROVISION
When you register, you will be given the option to opt-out of subscribing to our regular update service which will send you:
- Email alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions.
- Direct mail alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions.
Marketing communications you subscribe to will only be sent by COMPANY.
At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail. Alternatively you can change your email preferences or opt out of all emails by logging into My Account. To opt out of direct mail service or updates, please contact us by phone or by email by using the Contact Us page.