Terms and conditions

1. PREAMBLE

The website www.mimona.ro is owned by Biton Beauty SRL

Accessing this site and purchasing products implies the acceptance of the terms and conditions contained in this document, so it is recommended to read the entire document.

2. DEFINITIONS AND TERMS

a) Goods and Services – any product or service, including the documents and services mentioned in the Order, to be provided by the Seller to the Buyer, as a result of the concluded Contract;

b) Contract – represents the distance contract concluded between the Seller and the Buyer, as a result of the Seller's confirmation of the Order placed by the Buyer;

c) Account – a section of the Site consisting of an email address and a password that allows the Buyer to transmit the Order and contains information about the Buyer and the Buyer's history on the site;

d) 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 the intention to purchase Goods and Services, expresses his agreement to receive these Goods and Services and to pay for them, and the Seller agrees to deliver the Goods and Services;

e) Buyer – the natural or legal person who places an Order;

f) Site – the domain ro;

g) Seller – Biton Beauty SRL, a Romanian legal entity, with VAT identification code – RO 37076890, registered in the Trade Register under no. J23/594/2017, with its registered office in Voluntari, whose main activity is wholesale trade of cosmetic and perfumery products

3. CONTRACTUAL DOCUMENTS

By placing an electronic or telephone order on the website www.mimona.ro, the Buyer agrees to the form of communication (telephone or email) through which the Seller conducts its operations.

The order will consist of the following documents:

a) The Order (together with clear indications of delivery and invoicing data) and its specific conditions;

b) Buyer's specifications (where applicable);

c) Terms and conditions.

For justified reasons (such as stock depletion), the Seller reserves the right to make changes to the quantity of Goods and Services in the Order. In such a situation, the Seller will notify the Buyer by phone or email, using the data provided in the Order, and will refund any additional amounts paid when registering the Order.

The order is considered valid only after the Seller confirms to the Buyer by phone or electronically (email) the possibility of fulfilling it.

The contract is considered concluded between the Seller and the Buyer and enters into force at the moment the Order is confirmed by the Seller, an unconfirmed order not having the value of a Contract.

The document and information provided by the Seller on the Site will form the basis of the Contract.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

The Seller has the right to make any changes to the information presented on the Site, without any prior notification.

The Seller has the right to assign and/or subcontract to a third party the services related to the fulfillment of the order, with the Buyer's notification, without the need for the Buyer's consent. The Seller will always be responsible to the Buyer for all contractual obligations.

The Seller has the right to exclude from the Site and to ignore comments or addresses containing insults or inappropriate language. The Seller is free to manage the received information without having to provide justifications for it.

The Seller has the obligation to fulfill the confirmed Order by delivering the ordered Goods and Services, according to the Buyer's specifications included in the Order. Product delivery is made through a fast courier company.

The Seller undertakes to ensure adequate packaging of the Goods and Services to ensure their integrity during transport, also ensuring the transmission of accompanying documents.

5. RIGHTS AND OBLIGATIONS OF THE BUYER

The Buyer has the right to the delivery of the ordered Goods and Services, according to the specifications included in the Order.

The Buyer has the right to modify and delete the Account created for placing an Order, if applicable.

The Buyer has the obligation not to disclose the account identification data, especially the password, to third parties, any such disclosure being made at their own responsibility.

The Buyer has the obligation to provide correct and complete data, the necessity of providing these data resulting from the Seller's obligation to issue a correct invoice and ensure the possibility of delivering the ordered Goods and Services.

The Buyer has the obligation to check all characteristics of the Goods and Services and to clarify with the Seller, prior to placing an Order, any ambiguities regarding the Goods and Services.

The Buyer has the obligation to pay the value of the ordered Goods and Services.

6. LIMITATION OF SELLER'S LIABILITY

The Seller cannot be held responsible 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.

The Seller does not guarantee that the Site, the servers on which it is hosted or emails sent from www.mimona.ro are free of viruses or other potentially harmful computer components, that it does not contain errors, omissions, defects, delays or interruptions in operation or transmission, line failures or any other similar factors. The Buyer uses the Site at their own risk, the Seller being free of any liability for any direct or indirect damages caused by the use or access/visiting of the Site or as a result of using the information on the Site.

The Seller makes continuous efforts to maintain the accuracy of the information on the Site. However, sometimes minor inaccuracies may occur: the photograph is for informational purposes, some specifications may be modified by the manufacturer without notice or may contain operating errors. At the Buyer's request, any issue can be clarified before placing an Order.

The information presented on the Seller's websites is for informational purposes and may be modified by the Seller without prior notice. Also, product descriptions may be incomplete, but the Seller makes efforts to present the most relevant information so that the Goods and Services can be used within the parameters for which they were purchased.

7. FORCE MAJEURE

Neither party shall be liable for the non-performance of its contractual obligations, if such non-performance in due time and/or properly, in whole or in part, is due to a force majeure event. Force majeure is an unpredictable event, beyond the control of the parties and which cannot be avoided.

If, within 15 (fifteen) days from its occurrence, the respective event does not cease, each party shall have the right to notify the other party of the full right termination of the Contract without either of them being able to claim other damages from the other.

8. INVOICING AND PAYMENTS

Prices on the Site include VAT, according to current legislation, but do not include delivery costs or other expenses, unless otherwise specifically stated on the Site. Costs for delivery and/or other service costs are mentioned at the time of placing the Order and will also be specified at the time of Order confirmation by the Seller.

The price, payment method, and payment term are specified in the Order. The Seller will issue an invoice to the Buyer for the delivered Goods and Services, the Buyer's obligation being to provide all necessary information for issuing the invoice in accordance with current legislation.

Payment can be made online (with a bank card) or cash on delivery.

9. DELIVERY

The Seller will deliver the ordered Goods and Services via Courier.

The estimated delivery time is specified at the time the Order is confirmed by the Seller.

In the event that the Seller is unable to deliver the Order due to the Buyer's fault (either because the Buyer is not found at the specified address, or cannot be contacted), the Order will be canceled. For a new delivery, the Buyer will have to bear new delivery costs or other necessary technical costs.

Mimona may refuse to deliver an order after a prior notification to the Buyer, without any obligations between the parties and without either party being able to claim damages, in the following situations:

failed/invalid online transaction;
non-acceptance by the Buyer's card issuing bank/transaction;
incomplete or incorrect Buyer data;
the Buyer's activity may cause damage to the mimona.ro website or its partners;
previous failed deliveries;
for other justified reasons related to the Buyer's previous order history, if it is considered that, based on the Buyer's conduct, their actions could in any way harm Biton Beauty SRL

In the event that an order could not be delivered due to the Buyer, the Seller has the right to condition a new Order on advance payment for the Goods and Services and related shipping fees.

10. RETURNS

In accordance with Government Emergency Ordinance no. 34/2014 regarding consumer rights in contracts concluded with professionals, as well as for the amendment and completion of certain normative acts, the Buyer, a natural person, has the following rights and obligations regarding withdrawal from the distance contract:

The Buyer has the right, before the expiry of the withdrawal period, to withdraw from the Contract, without having to justify the decision to withdraw and without incurring costs other than those provided for in art. 13 para. (3) and art. 14 of GEO no. 34/2014, within 14 days starting from the day on which they acquire physical possession of the product. Return costs are borne by the Buyer, the Seller will only refund the value of the Goods. The decision to withdraw must be unequivocal and sent to the Seller's contact details on the Site;
The Buyer undertakes to return only those Goods and Services that are in the same condition in which they were delivered (in their original packaging, with all accompanying documents). Goods showing tears, bent corners, scratches, stains on the packaging, or signs of wear and/or unauthorized interventions, etc., are not accepted for return. Returned Goods must be in the same condition as received: without defects (with the exception of defects already reported by the Buyer upon receipt and immediately notified in writing to the Seller, accompanied by proof thereof);
The Seller will reimburse the Buyer the value of the Goods within a maximum of 14 (fourteen) days from the date of the Buyer's notification regarding the decision to withdraw from the Contract, conditional on the receipt of the sold Good or proof that it has been shipped;
The Seller will make the refund by bank transfer, to the IBAN account provided by the Buyer;
The Seller is not obliged to reimburse additional costs if the Buyer has explicitly chosen a type of delivery other than the cheapest standard delivery type offered by the Seller.

The return of books by the Buyer will be done by courier, to the address indicated by the Buyer.

All returned packages will be sent to Bulevardul Pipera 17, Voluntari 077180, SkyTower.

* If the shipping cost for the initial delivery of the package being returned (in whole or in part) was borne by the supplier, then the Buyer will have the initial shipping cost deducted from the refunded amount.

11. COMMENTS AND REVIEWS

A Buyer who has created an account and placed an Order will be able to post in the Comments/Reviews section on the Site. The information submitted can be both positive and negative and will refer to the characteristics of the Goods and Services delivered.

The Buyer is obliged to comply with the following rules when posting a Comment/Review:

to refer only to the characteristics of the Goods and Services, avoiding information related to aspects that may change (price or promotional offers) or information related to the execution of the Order;
to use only Romanian;
to use appropriate, non-offensive language, without terms that may offend or affect any other Buyer;
to ensure that the information entered is realistic, correct, and in accordance with applicable laws, without infringing the rights of other parties;
not to use the Review/Comment as a means of communication with the Seller, for communication with the Seller, the contact details available on the Site will be used.

When a Review/Comment contains inappropriate content or insults, the Seller has the right to remove it from the Site.

If the Seller finds a repeated violation of the Terms and Conditions by a Buyer, they have the right to suspend the Buyer's ability to post Reviews/Comments.

For notifications or complaints regarding Goods and Services, the Buyer has the right to directly notify the Seller, using the contact details on the Site or the email address office@mimona.ro. The complaint will be resolved within 5 working days.

12. PROMOTIONS

The pricing/discount policy on the Site is entirely set by the Seller, and the purchase price is the one displayed at the time the Order is placed. The Seller has the right to interrupt a promotional campaign at any time during its duration, the current price of the Goods and Services being mentioned on the Site.

All promotions present on the Site are valid within the limits of available stock.

Promotions do not stack, the highest discount applies, except in situations where it is stated otherwise in the promotion.

13. COPYRIGHT ON INFORMATION PUBLISHED ON THE SITE

The entire content of the Site, including, but not limited to, logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, is the exclusive property of Biton Beauty SRL and is protected by the Copyright and Related Rights Law and intellectual and industrial property laws. Use without the consent of Biton Beauty SRL of any of the elements listed above is punishable according to current legislation.

14. APPLICABLE LAW

This document is subject to Romanian law. Any disputes arising between the Seller and the Buyer will be resolved amicably or, if this is not possible, the disputes will be settled by the competent Romanian courts in Bucharest.

15. MODIFICATION OF TERMS AND CONDITIONS OF USE

16. MODIFICATION OF TERMS AND CONDITIONS OF USE

The Seller has the right to modify these terms and conditions, without being obliged to justify the modifications in any way, without any prior notification and without being obliged to fulfill any other formality, enforceability being ensured from the date of display on the Site. Acceptance of the Site's Terms and Conditions is confirmed by checking the corresponding box on the Site and/or by submitting the Order and/or by making an online payment.

By creating an Account/accessing a previously created Account and/or registering Orders, the Buyer expressly and unequivocally accepts the Site's Terms and Conditions in the latest updated version communicated on the Site, existing on the date of Account creation/accessing the previously created Account and/or Order registration.