Terms and conditions
1. GENERAL PROVISIONS
This document (together with all documents referred to in it) sets out the terms and conditions governing the use of this website www.martinclinic.ro (hereinafter „www.martinclinic.ro”/„the Site”) and the placing of orders for products through this Site (hereinafter „the Terms”).
Any product or service offered through this Site is addressed to individuals who may purchase/access them for their own use without resale, hereinafter referred to as “Customer”/ “Customers”. Martinclinic shall have no obligation or liability arising as a result of successive resales of products and/or services by Customers.
Please read the Terms and GDPR Policy before using the Site and placing orders through it. By accessing and using this Site and/or placing an order through this Site, you expressly acknowledge the binding nature of the Terms and the GDPR Policy and agree to be bound by these Terms and the GDPR Policy.
If you do not fully accept the GDPR Terms and Policy, do not use this Site. We reserve the right to change these Terms from time to time without prior notice to you. Your order will be subject to the Terms specified on www.martinclinic.ro at the time you place your order.
If you have any questions about the Terms or the GDPR policy, you can contact us at any time at office@martinclinic.ro
The contract (as defined below) can be concluded if you so choose.
All time limits set forth herein shall be construed to be expressed in calendar days. If the last day of the period is a non-working day, the period shall be extended accordingly until the first following working day.
2. SITE OPERATOR
The operator of www.martinclinic.ro is the company S.C. MARTIN CLINIC S.R.L., with registered office in Str. Luigi Cazzavillan, nr.20, Bucharest, order number in the Trade Register J40/3037/07,03,2019, CUI40748214.
3. CUSTOMER DATA
The company collects your personal data directly from you, so you have control over the type of information you give us. So when you create an account on our site, you give us your e-mail address, first and last name. When you place an order, you provide us with information such as the product you want, your first and last name, shipping address, billing details, zip code, phone number.
4. USE OF THE WEBSITE
By using this Site and/or placing any order for products through this Site, the Customer agrees:
- Use this Site solely to submit legitimate inquiries or place legitimate orders.
- Not to place any false or fraudulent orders. If we have good reason to believe that such an order has been placed, we shall have the right to cancel the order and inform the competent authorities accordingly.
- Provide a correct and accurate e-mail address, postal address and/or other contact details. The Customer also consents to us using this information to contact them in the event that it is necessary (see GDPR Policy).
If we are not provided with all the information we need, we may not be able to complete your order.
By placing an order through the Website, the Customer declares that he/she is over 16 years of age and has the legal capacity to enter into binding contracts.
Customer Account
Each Customer has the possibility to create a Customer Account on the www.martinclinic.ro platform, to become a member of www.martinclinic.ro and to benefit from all the advantages of account registration.
Please be aware that you are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities that occur under or in connection with your account and you agree to immediately notify Martinclinic of any unauthorized use of your account or any other breach of security. Martinclinic will not be liable for any damages resulting from unauthorized use of your account.
Fraud
Attempts to gain unauthorized access to the Website including but not limited to any attempt to access the personal data of another Customer, to modify the content of the www.martinclinic.ro website or to affect the performance of the server on which it runs will be considered attempts to defraud the www.martinclinc.ro website and will be reported to the competent authorities, initiating criminal investigation against the person or persons who have(s) attempted to do so.
Communicate
Opinions or addresses containing offensive or inappropriate language will be excluded from the site or ignored.
By using the contact form or the service present on the website, the Client allows Martinclinic to contact him by any means available including electronic means.
Filling in part or in full the contact form and sending it does not represent in any way a commitment on the part of Martinclinic to contact the Client.
Cookies
The www.martinclinic.ro website uses its own cookies and cookies set by third parties, such as Google, to give you the best possible experience on the site. The cookies used on this Site provide valuable feedback and help us in our attempt to improve your online experience.
An “Internet Cookie” is a small file made up of letters and numbers that will be stored on a user's computer, mobile terminal or other equipment from which the Internet is accessed. It is not a virus and does not require personal information in order to be used.
Cookies provide users with a pleasant browsing experience and support the efforts of many websites to provide user-friendly services, as they store important information that enhances the browsing experience on the Internet (e.g.: language settings; keeping a user logged in; online banking security; keeping products in the shopping cart, etc.).
Some browsers offer you the possibility to control cookies to disable them. However, you should be aware that disabling cookies may also result in a decrease in the quality of your visits to www.martinclinic.ro.
See details in GDPR Policy.
5. COMMAND
To place an order, the Customer must follow the online purchase procedure, complete the four steps: billing, delivery, payment, checkout and click on „Submit Order”, which is step 5 - checkout. Subsequently, the Customer will receive an e-mail from us confirming the launch of the order („Order Confirmation”). Please note that this does not signify that an order has been accepted, as your order constitutes an offer that you make to us to purchase one or more products from us. All orders are subject to acceptance by us, and we will confirm acceptance by sending you an email confirming dispatch of the product („Dispatch Confirmation”). The tax invoice together with the certificate of conformity will be included in the parcel.
Ordering is done through our ordering system, by filling in the order form or by phone at the telephone number specified on the Website.
By finalizing the order, the Customer agrees that all data provided by the Customer, necessary for the purchase process, are correct, complete and true at the time of placing the order.
In case a Customer changes his/her personal data, using the forms available on the Website, all ongoing contracts existing at that time, keep the data defined/accepted by the Customer before the moment of the change.
All product orders are subject to the availability of the products in stock. In this regard, in the event of supply difficulties or if the products are out of stock, we reserve the right to inform you of substitute products of equal or better quality and value that you may order. If you do not wish to order these substitute products and we have already received payment for the products ordered, we will refund to you in full any monies you have paid.
Martinclinic reserves the right to refuse to accept all or part of an order placed by the Customer, without any further obligation of either party to the other or without either party being able to claim damages from the other, in the following cases:
b. Payment is not finalized;
c. The data provided by the Customer on the Website is incomplete or incorrect;
d. The Customer's activity on the Site may and/or may cause damage of any nature to Martinclinic and/or its partners;
e. There is one or more orders confirmed and not yet placed.
Martinclinic will notify the Customer of the unavailability of an ordered product, the Customer having the possibility to accept or refuse the partial order.
For ordering information please call 0040754 882 288, from Monday to Friday, 10am to 4pm, or send an email to office@martinclinic.ro.
Orders placed Monday through Friday will be processed within 24 hours of receipt and orders placed on Saturday and Sunday will be processed every Monday. Should these dates change, the new deadlines will be announced both on the Website and in electronic communication.
6. CONCLUSION OF THE CONTRACT
The information set out in the Terms and the data contained on this Site does not constitute an offer to sell, but an invitation to offer. There will be no contract between the Customer and Martinclinic in relation to any product until your order is expressly accepted by us. If the offer is not accepted, and funds have already been withdrawn from your account, they will be refunded to you in full.
The contract for the purchase of a product (the „Contract”) is concluded only when the Dispatch Confirmation is sent.
7. PRICE OF PRODUCTS
The price of each product will be as quoted on our Website unless there is an obvious error. Although we take care to ensure that all prices quoted on our Website are correct, errors may occur. If we discover a pricing error on any product(s) in your order, we will notify you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, for reasons beyond our control, your order will be considered canceled and, if you have already paid for the product(s), we will refund the full amount paid.
We are under no obligation to sell any product at an incorrect lower price (even if you have received a Dispatch Confirmation from us) if the price error is obvious, unmistakable and could reasonably have been identified by you as an error.
The prices displayed on our Website include VAT but exclude delivery costs, which will be added to the total amount due.
Prices may be revised at any time without prior notice, but (with the exceptions mentioned above), any potential change will not affect any order of yours for which, prior to the price change, an Order Confirmation has already been sent.
8. PAYMENT FOR PRODUCTS
Once the Customer has selected all the products he/she wishes to purchase by adding them to the shopping cart, the next step is to go through the checkout process and make the payment. To do this, the Customer must follow the steps in the checkout process, filling in or verifying the required information at each step. Furthermore, throughout the purchase process, before making the payment, the Customer can modify the order data. Also, if the Customer is a registered member, a history of all orders placed by the Customer will be available in the „My Account” section.
Payment options differ depending on the country of delivery. If the country of delivery is Romania, all of the payment options listed below are available, and if the country of delivery is outside Romania, payment can only be made online.
You can pay by cash on delivery or online:
Account for payment in lei: RO68BTRLRONCRT048489115501
Credit cards are subject to validation and authorization checks by the issuing institution. If we do not receive the necessary authorization, we shall not be liable for any delay in the delivery of the ordered products or, as the case may be, their non-delivery and we shall not be able to enter into any Contract with you.
The www.martinclinic.ro website uses SSL encryption on all payment web pages. To be able to make purchases through these services, you must use an SSL-enabled browser such as Firefox, Safari, Google Chrome, Opera, Internet Explorer or other compatible browsers so that we can protect the privacy of your personal data.
3D-Secure is an anti-fraud system developed by Visa and Mastercard. Using this system increases the security of online transactions. In case of loss or theft, the card enrolled with 3D Secure cannot be used by third parties for online purchases.
The authentication process does not require any special applications to be installed on your computer, nor does it hinder your internet browsing.
9. DELIVER
Subject to the provisions of Article 5 above regarding product availability, unless there are extraordinary circumstances, we will use our best efforts to complete your order with the product(s) listed in the Order Acknowledgement by the date specified in the said Dispatch Confirmation or, if the estimated delivery date is not specified, within the estimated time indicated when selecting the delivery method and in any event no later than 30 calendar days from the date of the Dispatch Confirmation.
However, delays may occur for reasons such as unforeseen circumstances or delivery zone.
If, for objective reasons, we are unable to meet the delivery date, we will inform you of the situation and give you the option to keep the order with a new delivery date or to cancel the order with a full refund of the amount paid. Please note that we do not deliver on Sundays.
For the purposes of these Terms, „delivery” shall be deemed to have taken place or the order shall be deemed to have been „delivered” when you or a third party designated by you takes physical possession of the products, evidenced by a signature of receipt of the order at the agreed delivery address.
In case your order does not reach you within the estimated delivery time, please contact us using the following telephone number 0040754 882 288 or e-mail address: office@martinclinic.ro.
In the case of delivery by courier, if the Customer is not found at the mentioned address within the mutually agreed time, the courier will return once more after having managed to make contact with the Customer, after which the order will be canceled and the product returned to Martinclinic's headquarters, the Customer will have to bear the costs of a new delivery, regardless of the value of the ordered products. In this case, the delivery address of the parcel will be confirmed with a Martinclinic customer advisor by telephone or e-mail.
If the parcels show signs of damage (broken package, open package, etc.) we recommend that you refuse to pick up the parcel and inform us by e-mail at office@martinclinic.ro.
After opening the parcel, if it contains damaged products, or if it does not correspond to the products invoiced, please contact us within 24 hours of receipt of the parcel at the following email address office@martinclinic.ro and attach a photo of the products or parcel.
Martinclinic is not responsible for product defects resulting from handling or transportation by courier.
In the event that delivery and/or order initialization deadlines cannot be met, Martinclinic will notify the customer of these issues and of the estimated delivery completion date, without either party being able to claim damages from the other party regardless of the situation that caused the delay.
Delivery methods for Romania
Courier
10. TRANSFER OF RISK AND PRODUCT OWNERSHIP
All risks in relation to the products (including loss and damage) shall pass to the Customer from the time of delivery, when the Customer or when a third party appointed by the Customer, other than the courier, takes physical possession of the products.
Title to the Products shall only pass to the Customer upon receipt by us of payment in full of all sums due for the Products, including delivery costs, or upon delivery (as defined in Article 9 above), whichever is later. Legal title to the Products shall immediately revert to Martinclinic if we reimburse the Customer for any such payment.
11. PRODUCT RETURN POLICY
Right of withdrawal
The Customer has the right to withdraw from the contract, without giving any reasons, within 14 calendar days, in accordance with O.U.G. no. 34/2014. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier, indicated by the Customer, takes physical possession of the products.
In order to exercise the right of withdrawal, the Customer is obliged to notify Martinclinic of his intention to return the purchased products by written communication to the address Str. Luigi Cazzavillan, nr.20, Bucuresti, sector 3 or by sending an e-mail to: office@martinclinic.ro, within 14 days of receipt of the products.
Effects of withdrawal
If the Customer exercises his right of withdrawal, he must return the products in the same condition in which they were delivered (in the original packaging with all accompanying documents: boxes, labels, instructions/other documents (if any), etc.) within 14 days from the date on which the Customer notified Martinclinic of his intention to withdraw from the contract.
The value of the product will be refunded by bank transfer no later than 14 days from the date of notification of the withdrawal decision. We reserve the right to postpone the refund until we have received the returned product or proof of shipment. Delivery costs will not be refunded and are the responsibility of the consumer. The consideration for additional services including but not limited to additional delivery costs caused by the fact that a Customer has chosen a delivery method other than the standard delivery methods offered by Martinclinic, paid by the Customer, will not be refunded. Martinclinic may postpone reimbursement until the date on which it receives the Products back or until the Customer provides proof that it has sent the Products to Martinclinic, whichever is the earlier. In all cases, the cost of return/forwarding will be borne by the Customer.
The Customer's right to cancel a Contract only applies to products that are returned in the same condition in which they were received. No refund will be given if the product has been used after unsealing, is not in the same condition in which it was delivered or is damaged. By opening the individual packaging in which the ordered products have been delivered means that the products have been unsealed, that they are as ordered and correspond to your requirements, these products cannot be returned to Martinclinic and cannot be subject to the Customer's right of withdrawal.
Products in the categories cosmetics, food supplements, personal care or other products that come into direct contact with the human skin or body can only be returned if they are completely sealed and show no signs of opening or use. Opening the outer packaging (box, foil) does not invalidate the right of withdrawal, but unsealing the inner container (such as the lid or protective seal) renders the product non-returnable, according to art. 16 lit. e) of GEO 34/2014.
Exceptions to the right of withdrawal According to O.U.G. No 34/2014, the following categories of products and services NOT returnable:
- Digital or virtual products, once you start downloading or using them.
- Tickets to events, which are considered as leisure-related services with a specific date or period of performance.
- Gift vouchers once they have been issued and delivered to the customer.
- Products which, by their nature, cannot be returned or which can deteriorate quickly.
- Products customized to consumer specifications.
- Services fully rendered before the withdrawal period has expired, if the rendering of the services started with the express consent of the customer.
By placing an order that includes products in these categories, the customer expressly agrees that he understands and accepts that these products cannot be returned.
To return products you need to download Return Form and fill it in.
12. COMPLAINTS HANDLING. GUARANTEE
In case of any adverse/unpleasant reactions as an effect of the use of the products, please notify Martinclinic, describing the problem in detail, for the most accurate and relevant assessment by our specialists. To contact them, please complete contact form on the website.
Legal guarantee of conformity
The warranty conditions are in accordance with Law 449/2003 on the sale of products and associated guarantees and OG 21/1992 on consumer protection.
In the case of non-conformity, the non-conforming product must be presented in its original packaging, together with the related accessories and proof of purchase (copy of the tax invoice). If the products arrive without the documents, the products may be returned to the applicant/sender without the guarantee being settled.
13. INTELLECTUAL PROPERTY AND COPYRIGHT
This website is protected by copyright.
The entire content of the www.martinclinic.ro website, including text, images, graphics, audio and video files, trademarks, service marks, industrial designs, trade names are the exclusive property of Martinclinic and may not be reproduced, modified, transmitted, reused, appropriated, utilized, or used publicly or for commercial purposes without the prior written consent of Martinclinic. Martinclinic is the only entity authorized to use the intellectual and industrial property rights and the publicity rights related thereto, and Martinclinic grants no license, right or license other than the right to consult the Site.
Any reproduction or representation, in whole or in part, of the site or any of its component elements, on whatever medium and in whatever form, for other purposes, in particular commercial, is expressly prohibited.
Any request for authorization should be sent to the following address: Martinclinic - Str. Luigi Cazzavillan, nr.20, Bucharest or e-mail: office@martinclinic.ro. Any unauthorized use, infringement of copyright or other intellectual and industrial property rights may give rise to civil or criminal proceedings.
14. ASSIGNMENT AND SUBCONTRACTING
The contract concluded between Martinclinic and the Client is binding for both parties.
The Client may not transfer, assign, charge or otherwise encumber or alienate a Contract or any of its rights or obligations arising under it without Martinclinic's prior written consent.
Martinclinic may transfer, assign and/or sub-contract or otherwise dispose of a Contract or any of our rights or obligations arising under it at any time and for the duration of the Contract. For the avoidance of any ambiguity, any such transfer, assignment, encumbrance or other alienation shall not affect the Customer's statutory rights as a consumer and shall not void, reduce or otherwise limit any warranty that has been expressly or impliedly granted to the Customer.
15. NOTIFICATIONS
Martinclinic may send you notifications regarding the activity of the company and the www.martinclinic.ro website to the e-mail address entered in the subscription form or by other means of communication. Receipt of notifications implies the Customer's selection of the appropriate option by filling in a form via the www.martinclinic.ro Website or via a Martinclinic campaign page, as well as unconditional acceptance of the Terms, if he/she has not already expressed this agreement.
Data collected from the Customer for the purpose of sending notifications can and will be used by Martinclinic within the limits of GDPR Policy.
Customer may opt-out of receiving notifications at any time by the following methods:
a) Using the dedicated link in the newsletters.
b) By contacting Martinclinic, in accordance with the contact information, and without any further obligation of either party to the other or without either party being able to claim damages from the other.
Opting out of receiving notifications does not imply that you have waived your acceptance of the Terms and Conditions.
Martinclinic reserves the right to select the persons to whom it will send notices as well as the right to remove from its database any Customer who has previously consented to receive notices, without any further undertaking by Martinclinic, or any prior notice from Martinclinic.
Martinclinic will not include in the notifications sent to the Client any other advertising material in the form of content referring to any third party that is not a partner of Martinclinic at the time of sending the newsletter.
16. LITIGATIONS
Any relationship established by the purchase of products or services through the Site is governed by and interpreted in accordance with the laws of Romania, and the Customer agrees to submit to the exclusive jurisdiction of the competent courts of Romania.
Any dispute between Martinclinic and another party is subject to amicable settlement. In the event that a common point cannot be reached by this method, the courts of Bucharest shall have jurisdiction.
17. STOP
Martinclinic reserves the right to terminate the Site without prior notice.
18. OTHER CLAUSES
These Terms and any document expressly referred to in them constitute the entire agreement between the Client and Martinclinic in relation to the subject matter of any Contract and supersede any other agreement, understanding or other prior oral or written arrangement between the Client and Martinclinic.
Martinclinic reserves the right to make any changes to these provisions, as well as any changes to the Site/its structure, including changes that may affect the Site and/or any content without prior notice to the Customer.
Martinclinic cannot be held responsible for any errors that may occur on the Website for any reason whatsoever, including changes, settings, etc., which are not made by the Website administrator.
