Outletwebstore, a Limited Liability Company with a capital amounting to €20,000, hereinafter called OWS, having its registered office situated at Alexandru Vlahuta Street, building 49, entrance 2, Bucharest, Sector 3.
The present general conditions for sale are valid starting with the 1st of December 2008.
Article 1. Object and field of application
1.1. The present general conditions for sale are applicable for all orders placed on the website www.outletwebstore.com (hereinafter called the Website). The applicable Conditions are those in effect on the Website the moment when the order is placed.
1.2. All orders involve the Client's acceptance without any reserves of the present general conditions for sale, and also the Client's full adhesion to such conditions. The above-mentioned general conditions for sale prevail before any other document belonging to the client, and especially before alll general conditions for purchase, unless our Company gives a previous express derogatory consent.
1.3. All other documents besides the present general conditions for sale and especially the leaflets, advertising materials and notices only have an informative and indicative value and they cannot in any case be given a contractual value.
1.4. In keeping with the General Conditions for Sale, a client is any natural person, except for professional buyers, who is at least 18 years old and who has the legal capacity of placing an order on the Website and of complying with the present General Conditions for Sale, or who have the parental consent in this respect; also a client can be any legal person who does not sell by retail the products sold on the Website.
Article 2. The products
OWS describes on its Website the essential features of the products and services offered for sale.
If, with all precaution measures taken, there are errors included in these descriptions, OWS cannot however be held responsible.
Moreover, the Client is invited to read the instructions for use and any other information associated to the product or mentioned on the package of the product, especially the information pertaining to possible precautions for use, conditions and restrictions pertaining to the usage and maintenance.
Although all efforts are made in order to ensure that the colour of the products who have pictures displayed on the Website be in keeping with the original products, there may be some variations, especially caused by the technical limitations pertaining to the display of colours on computer equipment. Therefore, the pictures that illustrate the products, besides the text, are not included in the contract. OWS cannot be held responsible on the grounds of such photographs or pictures.
Article 3. The price
The prices shown are expressed in Lei, with all taxes included. The VAT is calculated and applied at the level in effect on the moment when the order is placed.
These prices do not include the transportation fees, which must be paid by the Client, and they do not include the subscription paid for optional services.
The Client will be informed about the entire amount of these prices, before the Client's order is definitively validated.
Article 4. The order
The Clients place their orders following the process described and in effect on the website www.outletwebstore.com. This process can be described as follows:
The Clients select the different Products or services that they wish to order.
The Clients select how they wish their order to be delivered. At this point, the Clients are informed about the transportation fees associated to their order.
The Clients select a method for payment and they make the integral payment of their order online, or they will pay for the order upon delivery.
The Clients will then receive an e-mail confirming their order.
When their first order is placed, all Clients are asked to provide all information that is necessary to allow OWS to efficiently process the orders and the deliveries; the Clients will be asked especially to provide their name and surname, their postal address or addresses, their e-mail address and their telephone number or numbers.
All of the information belonging to a Client is protected by a personal password.
All personal information can be permanently changed by the Client at any time.
The Products are offered to the Clients within the limits of the available stocks. The OWS does not bind to honour all orders received on its website. On the contrary, OWS takes on to inform its Clients about any partial or total unavailability of the Products orders, under the conditions stipulated in article 5 of the present general conditions for sale.
OWS reserves the right to refuse to deliver an order to a Client if there was a previous litigation with the Client in question.
Also, OWS reserves the right to refuse to deliver an order to a Client whose personal information pertaining to the address is incomplete or inaccurate and does not allow the delivery of the order in good conditions.
OWS excludes any responsibility resulted as a consequence of any event that does not pertain to its will, especially in case of force majeure, which might hinder, delay or prevent the process of ordering online.
Article 5. Availability of products
If there is a final (definitive) unavailability which occurs after the order is placed and which pertains to a part of the products ordered, OWS will inform the Client about the situation by e-mail, as soon as possible. As a response to such e-mail, the Client will have 48 hours to cancel the order placed, if they wish.
After this 48-hour term or if there is no explicit response from the Client, the products that were ordered and which are available will be delivered.
Should there be a final (definitive) unavailability, which occurs after the order is placed and which pertains to all of the products orders, OWS will cancel the order and will inform the Client about the situation by e-mail.
The Client’s account will only be debited with the amount associated to the products or services ordered and sent, and also with the amount of the transportation fees associated to the delivery.
If the Client’s account was previously debited with the entire amount of the initial order, there will be a reimbursement of the equivalent amount associated to the products or services that were not delivered and to the transportation fees. The reimbursement will be made as soon as possible.
Article 6. The delivery
The orders placed will be delivered at the delivery address that the Client has provided. The delivery address can be different from the address used for invoicing.
OWS will make all necessary efforts to deliver the order to the Client’s domicile within seven work days starting with the date when the Client’s order was validated (the delivery delay generally represents 24 to 48 hours).
The delivery delay mentioned to the Client on the OWS Website at the moment when the order is placed is purely indicative and it cannot constitute a firm commitment.
If the Products ordered by a Client are delivered at a collective address (hospitals, camps, etc.), the Product delivery made by the OWS transporter stops at the address indicated by the Client when placing the order, and this only if the reception can be made by a third party.
The additional transportation that is needed for delivering the Product to the Client will not be OWS’s responsibility.
The following delivery addresses are not accepted: hotels, military camps.
OWS cannot be held responsible for any events that the company cannot control, especially in force majeure cases or in situations that pertain to the transporter and which might hinder, delay or prevent the delivery of the ordered products to the Client.
No indemnity, compensation or interest can be paid for the Client’s profit if the delivery is not performed by the transporter’s fault or if the delivery delays announced on the OWS Website are not complied with.
Moreover, OWS reminds its Clients that they have the obligation to verify and thoroughly control the status of the Products upon delivery. If anomalies are found when the Product is delivered (the package is damaged, there are Products missing, there are damaged or broken products), the Client will have to mention all of their reserves on the delivery notice, within 2 work days following the delivery they will have to send to the transporter a declaration of reserved, by registered courier with notice of receipt. The Client will have three work days to inform the OWS by registered letter with notice of receipt about the situation.
If no reserves are adequately presented on the transportation notice, the Client will not be able to proceed to any claim before OWS in connection to the Product delivery.
For any inadequate return of products, for a refused order or for an ordered that was not picked up (from the Post office, from the Transporter…) because the Client was not at home when the delivery was made, OWS will invoice a to the Client a penalty covering:
- The fees charged for transportation at the Client’s address,
- A return fee amounting to 30 Lei.
The physical delivery of the product will be made the moment when the order is received by the OWS website.
Article 7. Contribution to the transportation fees
Unless there are other provisions, the transportation fees for the products delivered at the Client’s domicile by Curiero service will be invoiced at the Client.
These transportation fees are mentioned for the Client on the OWS website the moment when the orders are placed.
These amounts are also mentioned in the e-mails confirming the orders.
These transportation fees, expressed in Lei and including all taxes, depend on the total weight of the order delivered.
The fees can be increased without special notice in this respect.
Article 8. The payment for the orders
The Products ordered by the Client must be paid upon delivery directly at the Curiero transporter. The failure to pay for the orders upon delivery generates the automatic cancellation of the order and the payment of the fees charged for file processing, amounting to 30 Lei, as mentioned in point 6 above.
Article 9. Ownership reserve – The transfer of risks
The products ordered and delivered will remain OWS ownership until the Client pays the entire prices and until the entire payment is actually cashed in.
Article 10. The right to withdraw
The Client benefits from a term of withdrawal of seven days, starting with the date when the products ordered are delivered.
In order to exercise their right to withdraw and return all products or a part of the products ordered, the Client will have to previously contact the Service for Customers.
In the days following the day when they contact the Service for Customers, the Client will receive by e-mail a return notice that they will mandatorily attach to the product returned. If there is no such notice, the return of the product will be considered to be non-conformant and it will be treated as mentioned in article 12 of the present general conditions for sale.
If the Client exercises their right to withdraw, the Product must be returned in its original package and it must be accompanied by all accessories and possible notices. The product returned must be in perfect status and it is mandatory that it was not used or worn.
The return of Products that are incomplete, damaged, used or dirty will be considered as non-conformant and it will be treated as mentioned in article 12 of the present general conditions for sale.
The Client is free to choose the method of transportation for returning the product or products to OWS. The Client will pay the return fees. Depending on the method of transportation chosen, the Client is responsible for the packaging of the Products; the Products must be packed in such a way as to be transported without any risk of becoming damaged.
The reimbursement made to the Client will be performed by bank transfer in the account for which the Client has provided the coordinates, the very moment when the Product, returned within the Client’s exercise of the right to withdrawal, is received by OWS and provided that no non-conformity pertaining to the return was detected.
Only the price of the Product ordered will be reimbursed to the Client, without any fees associated, and especially without the transportation fees, which were paid by the Client upon the initial order.
Your return products address is:
Schenker SRL
CLP Logistics Center
Com. Chitila, sat Rudeni
Tarlaua 23, Parcela 87
Bucuresti, Romania
Article 11. Changing the product
In addition to the right to withdraw detailed in article 10 of the present General Conditions for Sale, the Client can ask to have a Product changed in three situations:
The Product delivered was not in keeping with the Product ordered.
The size of the product delivered, although in keeping with the size of the Product ordered, is not suitable for the client.
The Product ordered was delivered faultily, by fault of the transporter.
Irrespective of the situation, the Client will have 48 hours, starting with the date when it receives the Product ordered, to ask OWS by e-mail or by telephone to change it. In the days following the day when they contact OWS, the Client will receive by e-mail the details pertaining to the return of the product changed and also a return notice, which will be mandatorily attached to the product sent for change.
If there is no such notice, the return of the product will be considered to be non-conformant and it will be treated as mentioned in article 12 of the present general conditions for sale.
The Client benefits from a 7-day (seven-day) term for returning the Product, starting with the date when they receive the details pertaining to the return of the products.
The Client will also be provided specific details. These details will replace the provisions of points 11a, 11b and 11c of the present General Conditions for Sale.
The Product must be returned in its original package and it must be accompanied by all accessories and possible notices. The product returned must be in perfect status and it is mandatory that it was not used or worn.
Besides the situations when the Product was faultily delivered by fault of the transporter, the return of Products that are incomplete, damaged, used or dirty will be considered to be non-conformant and will be treated as mentioned in article 12 of the present general conditions for sale.
The moment it receives the Product returned for change, OWS will proceed to changing it and to send it back, within at utmost 7 (seven) work days. At the same time, we hereby remind that OWS cannot be held responsible for the Client’s failure to pick up the package.
If the product returned by the Client is not available for change on the date of return, OWS will reimburse the amount of money to the Client.
a) The Product delivered is not in keeping with the Product ordered.
In this situation, OWS will cover for the transportation fees associated to the return and the fees charged for sending back the product changed to the Client.
b) The size of the product delivered, although in keeping with the size of the Product ordered, is not suitable for the client.
In this situation, the Client will pay all transportation fees associated to the return of the product to be changed. The fees charged for sending back the changed Product will be covered by OWS.
The Client is free to choose for a method of transporting to OWS the Products to be changed. Depending on the method of transportation chosen, the Client is responsible for the packaging of the Products; the Products must be packed in such a way as to be transported without any risk of becoming damaged.
c) The Product ordered was delivered faultily, by fault of the transporter.
OWS reminds its Clients that they have the obligation to verify and thoroughly control the status of the Products upon delivery. If there are anomalies discovered upon delivery (the package is torn, there are missing Products or there are damaged or broken Products), the Client:
will have to mention all necessary reserves on the delivery notice,
will have two work days to inform OWS about the situation.
If no reserve is adequately presented on the transportation notice, and after the two-day term, the Client will not be able to proceed to any claim before OWS in connection to the Product delivery.
The details pertaining to the return of the Product that was faultily delivered will be mentioned to the Client by e-mail.
The Product that was faultily delivered will have to be returned in the state it was in upon reception, in keeping with the details that were provided.
Article 12. Non-conformity of product return
Article 10 and article 11 of the present General Condition for Sale have mentioned the conditions pertaining to the conformity and non-conformity of the Products’ returns or changes.
Non-conformant returns of products will result in sending back the product to the Client. All transportation fees paid for sending back the Product to the Client will have to be paid by the Client.
The Client will be informed by e-mail about the non-conformity of the return they have made. The e-mail will contain the information that is necessary for proceeding to the payment of the transportation fees associated to the process of sending the Product back to the Client.
In case of abnormal or abusive returns, OWS reserves the right to refuse a subsequent order.
Article 13. Legal warranties
Independently from the commercial warranty and in keeping with the regulations, OWS takes on to comply with the obligations it has about the warranties associated to the products sold on its website.
The seller must deliver a notice in keeping with the contract and to be responsible for any conformity-related faults existing upon delivery. The seller is also responsible for the conformity-related faults resulting from the packaging, instructions for setting or installation, when such actions were made its responsibility by contract or when they were performed under its responsibility.
In order to be in keeping with the contract, the product must:
1) be adequate for the normal usage that the Client could expect from a similar item, and if necessary:
it must correspond to the description made by the seller and it must possess the quality that the seller has presented to the buyers as sample or lay-out.
it must have the qualities that a buyer can legally expect from the public statements made by the seller, by the producer or by their representatives, especially in advertising materials or on the labels.
The purchaser must file any action resulting from unacceptable vices within a two-year term starting with the day when the flaw is discovered.
The products are guaranteed for 2 years (besides the normal wear and tear).
The methods of granting the warranties will be defined by the Service for Customers.
Article 14. The Service for Customers
For any information or question, OWS Service for Customers can be contacted:
by telephone, Monday to Friday from 9.00 a.m. to 12 a.m. and from 2.00 p.m to 5 p.m. at the telephone number 021.320.40.82
by e-mail at the following address: XXXXXXXXXXXX, by means of the form provided for this purpose on the website www.outletwebstore.com
by courier, at the address OWSXXXXX
All elements of the website www.outletwebstore.com:
texts, images, visual or sound document, including the technology and associated developments made, are reserved, as copyright and intellectual property rights.
Any Client who has a personal website, and more generally any third party who wishes to place on their website a simple link redirecting to the homepage of the OWS website is authorized to do so, provided it has obtained the express authorization from OWS.
This agreement will not represent in any case an implicit convention for affiliation.
Article 15. Responsibility
OWS only has an average responsibility before its Clients. Especially, this responsibility occurs the moment different pages of the Website are accessed, when orders are placed, when deliveries are made and when all subsequent services associated to the delivery are performed.
OWS’s responsibility cannot be claimed for any inconvenient of damage associated to the use of the Internet network, especially service disconnection, external intrusion or the presence of computer viruses, or any event that is considered to be a force majeure situation, in keeping with the provisions of the jurisprudence.
OWS responsibility cannot be claimed for any immaterial or corporal damage that might result from the inadequate use of the products traded on OWS’s website.
Article 16. Nominative information
The information provided by the Client on the Website allows the orders to be processed and executed.
OWS reserves the right to collect the data pertaining to its Client. This nominative data is either communicated by the Client or collected by means of the functioning process of the Website, especially by the use of cookies. The collection of such data only targets to ensure the adequate finalization of the deliveries, to improve the quality of the service and, more generally, to better respond to the Clients’ expectations.
The Client consents to OWS using such data, especially for communicating information pertaining to the services and exceptional offers that might be of interest for the Client.
OWS reserves the right to reveal such data for commercial reasons. The Clients who wish to oppose such revealing can do this by not checking the box that exists on the form that must be filled in when their account is created.
Article 17. Applicable law and competences
The present general conditions for sale are submitted to the Romanian legislation. Any litigation that might occur from the interpretation and/or execution of the general conditions for sale belongs to the jurisdiction of the common law.
