Terms and Conditions
TERMS AND CONDITIONS FOR THE PROCESSING OF PERSONAL DATA
Thank you for your interest in our services and products. Ensuring the protection of your personal data that you provide to us is of utmost importance, considering our special relationship with you. Likewise, the confidentiality of your personal data is extremely important to us.
WHAT DATA DO WE PROCESS?
In order to deliver the ordered goods and services, confirm the order, inform you about the order status, respond to your complaints, evaluate the goods and services offered, and conduct commercial, marketing, advertising, development, market research, statistical, sales monitoring, customer behavior analysis, administrative, and media activities, you agree to provide us with the following personal data: name, surname, personal identification number (CNP), home address, email address, IP address, phone number, and password for accessing the website account. Please do not provide any other personal data beyond what is strictly necessary for the purposes stated in this policy.
WHAT IS THE PURPOSE AND LEGAL BASIS FOR PROCESSING?
The personal data provided with your consent will be collected and processed exclusively for the purposes outlined below.
We want to emphasize that the processing of personal data is based on your consent (Article 6(1)(a) of the General Data Protection Regulation, hereinafter referred to as the Regulation). The situations in which we will collect and process your personal data, as well as the purposes for which this data will be processed, are as follows:
1. Account registration;
The collection of personal data in this case aims primarily to allow the creation of a user account when placing an order. Additionally, some of this data (e.g., email address, phone number) is necessary for smooth communication between our company and you as a customer, as well as for occasional promotional offers sent to you.
Furthermore, during the use of our platform, data related to your search history will be collected, such as the articles read, audio-video products viewed, etc. Additionally, through tracking codes installed on our platform from various analytics and statistics service providers, data such as IP address, duration of page use, and visited pages are collected.
All this collected information aims exclusively to optimize and improve the functioning of our platform, providing you with a better experience when using it.
2. Newsletter subscription;
The processing of personal data in this case aims to inform you about our products and events, as well as for direct marketing and advertising purposes;
WHO HAS ACCESS TO YOUR DATA?
We want to inform you that, for the efficient operation of the platform, we use various services from external or internal providers ("authorized personnel of the controller") to whom we may transfer some of the personal data collected from you. We will only use authorized personnel who provide sufficient guarantees for the implementation of appropriate technical and organizational measures to ensure that the processing complies with the requirements specified in the Regulation and protects your rights. The categories of services for which we collaborate with the aforementioned providers and the personal data transferred to them are as follows:
1. SMTP services (email communication) – email address;
2. Newsletter services – email address, name, surname, phone number;
3. Billing services – name, surname, email address, phone number, address;
4. Courier/postal services – name, surname, email address, phone number, address;
5. SMS sending services – phone number;
6. Online payment processing services – name, surname, email address, phone number, address;
7. Comment services – name, surname, email address;
8. Accounting services – name, surname, address, CNP;
9. Legal services – name, surname, address, CNP;
HOW LONG WILL YOUR DATA BE STORED?
The personal data provided by you will be processed for the duration of the contractual relationship with you and subsequently for a reasonable period, which cannot be shorter than the general prescription period.
WHAT ARE YOUR RIGHTS?
As a data subject, you have the following rights:
- The right to access data – you have the right to obtain confirmation whether or not personal data concerning you is being processed, and access to that data; you can also obtain a copy of the personal data provided to our company and subject to processing; for any other copies requested by you,
- The right to rectification – you have the right to obtain the rectification of inaccurate personal data and the right to have incomplete personal data completed;
- The right to erasure (right to be forgotten) – you have the right to request the erasure of your personal data without undue delay when: (i) personal data is no longer necessary for the purposes for which it was collected or processed; (ii) you withdraw the consent on which the processing is based, and there is no other legal basis for processing; (iii) you object to the processing, and there are no legitimate grounds for processing; (iv) personal data has been unlawfully processed; (v) personal data must be erased to comply with a legal obligation under Union law or Romanian legislation;
- The right to restriction of processing – you have the right to obtain the restriction of processing where one of the following applies: (i) you contest the accuracy of the data, (ii) the processing is unlawful, and you oppose the erasure of personal data, requesting restriction instead; (iii) we no longer need the personal data for the purposes of processing, but you require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to the processing pending the verification whether the legitimate grounds of the controller override your rights;
- The right to data portability – you have the right to receive your personal data, which you have provided to us, in a structured, commonly used, and machine-readable format and have the right to transmit this data to another controller, under certain conditions; when exercising this right, you have the right to have your personal data transmitted directly to another controller when technically feasible;
- The right to object – you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data, including profiling based on those provisions;
- The right not to be subject to a decision based solely on automated processing, including profiling;
- The right to lodge a complaint with the National Supervisory Authority for Personal Data Processing;
- The right to withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.
HOW CAN YOU ACCESS YOUR DATA?
For any questions or requests regarding the personal data you have provided to us, including the exercise of your rights as mentioned above, you can contact us at the address displayed in the contact section.
We will provide the requested information in electronic format whenever possible, except when you request a different format.
The information provided, as well as any communication and actions taken in exercising your rights mentioned above, are provided free of charge. However, if your requests are unfounded or excessive, especially due to their repetitive nature, we may:
(i) charge a fee, taking into account the administrative costs of providing the information or communication or taking the requested actions;
(ii) refuse to comply with the request.
We would like to emphasize that by accepting this agreement, your personal data will be processed in accordance with this Policy for the Processing of Personal Data.
In the absence of other specifications, all materials, including images, illustrations, designs, icons, photographs, audio/video clips, etc., belong to us. The content of the website, in whole or in part, may not be reproduced, duplicated, copied, resold, visited, or exploited for commercial purposes without our prior written consent.
BY PLACING AN ORDER, EITHER ONLINE, VIA EMAIL, OR BY PHONE, YOU EXPRESS YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS.
The terms and conditions combine all the texts on the website, including warranties, product properties, return rights, communication, data security, and others.
1. Products and services:
Prices may be updated without prior notice. The purchase price printed on the invoice will always be the same as communicated at the time of placing the order.
2. Product Availability
The products sold are new, in the original packaging of the manufacturer, and at the time of delivery, they are accompanied by a fiscal invoice and a warranty certificate, as required by the law. In case a product is no longer available in the current manufacturer's offer, we reserve the right not to fulfill a specific order. If the ordered product proves not to be in conformity with the specifications in our offer, you can request its return for replacement or a full refund of its value.
Some products sold cannot be returned for health or hygiene protection reasons, whether they have been used or not by the consumer.
For wrongly delivered products, we will cover the transportation cost. The delivery schedule displayed on our website is for guidance purposes.
Order: Orders can be placed directly on our website, via email or by phone.
Payment of products: It can be made upon delivery by courier (cash on delivery) or in advance (via IBAN code). Advance payment can be made by postal money order, bank transfer, or credit card; proof of payment must be sent to us by email. In the case of advance payment, delivery will be made after the money is received in our account. The ordered products must be paid in full; otherwise, the delivery will not be made. We reserve the right to request advance payment in certain cases.
3. Delivery of products:
It is possible anywhere in the country (Romania) through fast courier companies: GLS or through Romanian Post. The delivery time is between 24 hours and 5 working days. Deliveries made by fast courier services are valid in any locality in Romania where the GLS Romania offices are located. We reserve the right to confirm orders before honoring them by contacting customers. If you are not found at the specified address, you will be contacted by phone by the courier company, and through Romanian Post, you will receive written notification from them in your mailbox. Receiving the products implies your acceptance that the products have arrived in good condition.
According to Government Ordinance no. 34/2014, you have the right to return the ordered product within 14 calendar days of receiving the order. To exercise this right, you must notify us in writing, by email at email@example.com or by completing the return form, of your intention to return the purchased product without invoking any specific reason.
According to the same Government Ordinance, we have the obligation to refund the value of the product within 14 calendar days of receiving it. The money will be refunded to the card used for online payment or to a specific account indicated by the client, for orders with payment on delivery.
If the product is returned in a condition that no longer allows it to be sold as new (it has been installed, has damaged packaging, or damaged seals on the packaging), we reserve the right to withhold an amount necessary to restore it to its initial condition (if possible) OR to refuse the return.
In accordance with the current legislation, we reserve the right not to accept the return of products that have been installed or show signs of wear/use and those that cannot be returned for reasons of hygiene/health protection. We mention that curling sets fall under the category of products for personal hygiene, thus they cannot be returned or exchanged.
The return of the products can be made within 15 days from the date of delivery, provided that they have not been used.
Parcels returned without prior notice (by phone or by email addressed to firstname.lastname@example.org) will not be accepted. Also, products with physical modifications or signs of wear will not be accepted for return. Before being returned, the client must ensure that the products are properly packed to avoid damage during transport.
We do not accept parcels for product exchange or return for which the transportation cost has not been paid by the sender! We do not accept parcels with cash on delivery payment! The client is responsible for the damage or loss of the product due to transportation during the exchange or return of products to S.C. Smart Rainbow SRL.