Terms and Conditions

1. Definitions

The general terms and conditions set forth below shall apply to all sales of goods by Aqua Di Flora and its partners through the online store www.aquadiflora.eu to the Buyer and may be modified at any time by Aqua Di Flora without prior notice.

Accordingly, the following terms shall have the meanings defined below:

• Buyer – any natural person, legal entity, or other legal structure that places an Order.

• Seller – Aqua Di Flora, trading under the commercial name AQUA DI FLORA SRL, having its registered office in Sălaj County, Zimbor Commune, Sutoru, Principală str. No. 64, postal code 457374, Tax Registration Number (CUI) 47823801, Trade Register registration number J31/199/2023.

• Goods – any product, including documents and services specified in the Order, to be provided by the Seller to the Buyer.

• Order – an electronic document serving as a form of communication between the Seller and the Buyer, through which the Seller agrees to deliver the Goods and the Buyer agrees to receive these Goods and make payment for them.

• Contract – an Order confirmed by the Seller.

• Intellectual Property Rights – all intangible rights such as know-how, copyright and neighboring rights, database rights, design rights, model rights, patents, registered trademarks, and domain name registrations for any of the above.

• Site – the domain www.aquadiflora.com and its subdomains.

2. Contractual Documents

By placing an electronic Order on the website www.aquadiflora.com, the Buyer agrees to the form of communication (email) through which the Seller conducts its business operations. The Order consists of the following documents:

• The Order (together with clear specifications regarding delivery and billing details) and its specific conditions.

• These Terms and Conditions.

If the Seller confirms the order, this implies full acceptance of the terms of the order. The acceptance of the order by the Seller is considered finalized when an electronic confirmation (email) is sent by the Seller to the Buyer, without requiring an acknowledgment of receipt from the Buyer. The Seller does not at any time consider an unconfirmed order as having the validity of a contract.

Order confirmation is issued electronically via email. The prices of the products in the order are valid for 3 business days from the date the order is registered. The general terms and conditions of sale shall form the basis of the Contract concluded in this manner.

3. Obligations of the Seller

• The Seller shall use its professional and technical knowledge to achieve the result stipulated in the order and shall deliver the goods to the Buyer.

• The information presented on the Seller's websites is for informational purposes and may be modified by Aqua Di Flora without prior notice. Product descriptions may be incomplete; however, the Seller makes every effort to present the most relevant information so that the product can be used within the parameters for which it was purchased.

4. Intellectual and Industrial Property Rights

• The User/Buyer understands the intellectual property rights and shall not disclose to a third party or make public any of the information received from the Seller.

• All drawings, graphics, and design elements appearing on the site, the site name, and graphic signs are registered trademarks owned by Aqua Di Flora and may not be taken, copied, or used without the written consent of the owner.

• All content elements, such as descriptions, drawings, graphics, and design elements appearing on 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, are the exclusive property of Aqua Di Flora, with all rights reserved directly or indirectly through user and/or publication licenses.

• The User/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, expose, or include any content element mentioned above in any context other than the original one intended by Aqua Di Flora. This includes the removal of signs signifying Aqua Di Flora's copyright over the content elements, as well as participating in the transfer, sale, or distribution of materials made by reproducing, modifying, or displaying content elements, except with the express written consent of Aqua Di Flora.

5. Rights Over Site Content

The entire content of the site and graphic elements, including but not limited to all text format content, as well as the technical sources of all present and future services and features—unless another owner is expressly mentioned—the source code of the pages, and any other material transmitted in any form by and to users (via direct viewing on the site, newsletters, etc.) belong to Aqua Di Flora.

The site content, regardless of its location or type, may be used exclusively for personal purposes. Any use of the content by third parties for purposes other than personal use can only be done with the express, prior written consent of Aqua Di Flora. Consequently, it is prohibited to copy, retrieve, reproduce, publish, transmit, sell, or partially, fully, or modified distribute the content of this site or any part thereof for purposes other than personal use, with the following exceptions:

• Reproduction of small fragments from published articles is permitted (on non-commercial sites, forums, press articles, etc.) up to a maximum of 400 characters, provided that the source of the information is specified via a direct link formatted as: (Source: [Site Name] – link to site content).

• Links to the website www.aquadiflora.com are permitted, and the source of the information shall be specified after each link or at the end of the article as follows: "Information provided courtesy of Aqua Di Flora – link to site content."

Users undertake to respect all copyrights, related rights, and any other intellectual property rights that the site administrator and its partners hold over or in connection with the website www.aquadiflora.com.

Aqua Di Flora reserves the right to take legal action against any person and/or entity that violates the above provisions in any way. Requests to use the site content for purposes other than personal use can be made via email at info@aquadiflora.com, stating "Attn: Agency".

Any person who transmits or publishes information or materials to the site assumes the obligation not to prejudice in any way the copyrights that a third party might invoke. Persons sending information or materials understand and accept that any breach of this obligation cannot engage the liability of Aqua Di Flora, but only the sole liability of the respective persons.

Aqua Di Flora may run advertising campaigns and/or promotions in any section of the site at any time, without requiring the consent of the site users. The spaces and sizes of advertising campaigns and promotions do not require the consent of site users and can be changed at any time without prior notice.

Aqua Di Flora assumes no responsibility for damages or losses resulting from advertising campaigns or promotions organized on the site, other than those organized strictly by the site itself.

6. Limitation of Liability of the Site Administrator

Aqua Di Flora assumes no obligation and does not guarantee, implicitly or expressly, the content of the site, including content provided by its partners or site users. However, Aqua Di Flora will make all reasonable efforts to ensure the accuracy and professional manner in which information is provided on the site to gain and maintain users' trust. In this regard, Aqua Di Flora will attempt to correct reported errors and omissions as quickly as possible.

The site administrator offers no warranties for the site content and shall under no circumstances be held liable for any loss or damage that may result from using any part/sequence/page of the site, from the inability to use it, or from the erroneous interpretation of any provisions of the site content.

The information provided through the site is offered in good faith from sources deemed reliable. If any of the published articles or other information falls under copyright law, we request users to contact us at info@aquadiflora.com so we can take the necessary measures. Users must also note that the information presented may include technical inaccuracies or typographical errors. The site administrator will make every effort to correct these issues as quickly as possible.

Users understand and accept that Aqua Di Flora does not guarantee:

• That the information contained on the site is entirely complete;

• That the information entered by website users is real or correct, and assumes no liability for how visitors use it;

• That the information or services on the site will satisfy all user requirements, and users assume full responsibility for their inappropriate use;

• The results obtained by users as a consequence of using the information or services available through the site, with users utilizing such information and services at their own risk;

• That the services available through the site will function constantly, uninterruptedly, and error-free. Aqua Di Flora assumes no responsibility for damages that users might incur due to temporary malfunctions or technical faults of the site, or for the use of information obtained via third-party links found on the site (the use of which is at the sole discretion of the users).

Furthermore, users understand and accept that Aqua Di Flora is not responsible for discrepancies, errors, or omissions within the information provided on the site by users. Users also understand and accept that Aqua Di Flora is exempt from any liability for promotional messages posted on the site or through services offered on the site, as well as for goods or services provided by the authors of these advertisements. Site users expressly agree to release Aqua Di Flora from liability for any judicial or extrajudicial action arising from the incorrect or fraudulent use of the site.

In cases of force majeure, Aqua Di Flora and/or its operators, directors, employees, branches, subsidiaries, and representatives are entirely exempt from any liability. Force majeure events include, but are not limited to, technical equipment malfunctions of Aqua Di Flora, internet connection failures, telephone connection failures, computer viruses, unauthorized access to the site's systems, operating errors, etc.

Users agree to protect and indemnify Aqua Di Flora and/or its operators, directors, employees, branches, subsidiaries, and representatives from and against any claims, demands, actions, liabilities, losses, damages, costs (including, without limitation, attorneys' fees), expenses, judgments, fines, settlements, or other obligations resulting from or related to any action of the users in connection with the use of the site or the services offered through it.

Aqua Di Flora offers no warranty, express or implied, regarding the operation of the website www.aquadiflora.com, the information, content, materials, or products on the site, as well as their suitability for a particular purpose. Users expressly agree that using this site and applying the information is done at their own risk.

7. User Subscription to Newsletters and Alerts

Users of the site have the option to receive newsletters and alerts via email. Users can opt out of receiving such notifications at any time with a single click on the unsubscribe link found within the newsletter/alert received at the email address provided during subscription.

Given that access to the products offered through the site is carried out via an active account based on a username and password, we recommend that users do not disclose these details to third parties, even if they claim to contact you on behalf of the site.

Additionally, to ensure a higher level of security, we recommend closing the browser window at the end of your visit to the site or clicking "Sign out" / "Log off" on the visited page.

8. Cookie Policy

A cookie is a text file containing small pieces of information sent to your browser and stored on your computer, mobile phone, or other device when you visit a website. This cookie file sends information back to the website whenever you revisit it.

 

 

Cookies can be permanent (known as persistent cookies), which remain on your computer until you delete them, or temporary (known as session cookies), which are valid only until you close your browser window. Cookies can be first-party (configured by the site you are visiting) or third-party (configured by a different site than the one you are visiting).

 

 

How does Aqua Di Flora use cookies?

We use cookies to improve the functionality of our websites, help you navigate more efficiently from page to page, remember your preferences, and generally enhance the user experience. The cookies we use on our websites fall into the following categories:

• Strictly Necessary Cookies: These cookies are essential for you to navigate the site and use the services you requested, such as accessing secure areas of the site. We use this type of cookie to manage user registration and authentication. Without these cookies, the services you requested cannot be provided. These cookies are first-party and can be permanent or temporary. In short, our sites will not function properly without these cookies.

• Performance Cookies: These cookies collect information about how visitors use a website, for example, which pages are visited most often. These cookies do not collect information that identifies individual visitors. All information collected by these cookies is aggregated and anonymous. We use these cookies to compile statistics on how our websites are used and to measure the impact of our advertising campaigns. They can be permanent or temporary, first-party or third-party.

• Functionality Cookies: These cookies allow a website to remember choices you make (such as your username, language, or region) and provide enhanced, more personal features. They may also be used to provide services you requested, such as watching a video or commenting on a blog. The information used by these cookies is anonymized and cannot track your browsing activities on other websites. We use them to remember if you have already received a certain service and to improve the overall site experience by remembering your preferences.

• Advertising Cookies: These cookies are used to limit the number of times you see an advertisement, as well as to measure the impact of advertising campaigns. They are used to manage advertising across the site and are placed by third parties, such as advertising companies and their agents. They can be permanent or temporary and are linked to advertising services provided on our site by third parties.

• Social Media Cookies: These cookies are used by social networks (Facebook, Twitter, YouTube, Instagram, Pinterest, etc.) and allow content sharing from www.aquadiflora.com onto those respective networks. Aqua Di Flora does not control these cookies; therefore, for more information on how they work, please check the privacy policies of the respective social networks.

How to manage & delete cookies

If you want to restrict, block, or delete cookie files, you can do so by changing your web browser settings. Using www.aquadiflora.com without rejecting cookies or similar technologies indicates the consent of visitors for our use of such technologies and for the processing of information.

9. Billing and Payments

The price, payment method, and payment terms are specified in the Order. The Seller will issue an invoice to the Buyer for the delivered Goods, and the Buyer is obligated to provide all information necessary to issue the invoice in compliance with current legislation.

For proper communication of the invoice related to the order, the Buyer is required to update their account data whenever necessary and to access the details and documents related to each existing order in their account.

By submitting the order, the Buyer expresses their agreement to receive invoices in electronic format via email at the email address specified in their account.

10. Responsibilities

• The Seller undertakes to ship the goods and services via a door-to-door courier system to the Buyer (if the Buyer selects an alternative delivery method, the Seller is released from this responsibility).

• The Seller is released from the risks and responsibilities associated with the goods and services upon handing them over to the domestic courier company with which the Seller collaborates or to the Buyer's representative.

• The Seller shall ensure proper packaging of the goods and services and ensure the transmission of accompanying documents.

• 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 performing any of its obligations under the Order, nor for damages resulting from the use of the goods after delivery, particularly the loss of products. The Seller shall be liable if its subcontractors and/or partners involved in the execution of the order fail to fulfill any contractual obligations.

• The Seller assumes no responsibility for product descriptions presented on the site. Images are presented on the site by way of example, and delivered products may differ from the images and descriptions displayed on the site due to changes in features and design without prior notice. The Seller reserves the right to supplement and modify any information on the site without prior notice.

• The Seller does not guarantee the stock availability of displayed products, which is why it shall have the right not to deliver an order partially or fully if certain products no longer appear in the current offer or are unavailable.

• In the event that prices or other product details were displayed incorrectly, including due to being entered incorrectly into the database, the Seller reserves the right to cancel the delivery of the respective product and notify the client as soon as possible about the error, provided the delivery has not yet been executed.

• The Seller is not liable for damages caused due to site malfunctions or those resulting from the inability to access certain links published on the site.

• The maximum value of the Seller's obligations to any client in the event of non-delivery or improper delivery is the total amount collected by the Seller from that specific client.

• The products marketed on the site are intended for personal use, and their resale is strictly prohibited in accordance with the Fiscal Code.

11. Delivery of Products

• Delivery is not free and is carried out via express courier as described in the "Shipping" section.

• Our products are sometimes made to order, which may result in a production and delivery period of up to 5 business days starting from the day the order is processed.

• Orders are processed as soon as possible after being placed, between Monday – Friday, 10:00 - 18:00. Orders placed outside working hours or over the weekend will be processed on the first following business day. During holidays and sale periods, delivery times may be extended.

• If the package cannot be delivered (the recipient does not answer, the address specified is incorrect, etc.), you will be contacted by phone by the courier. If contact cannot be established, packages remain with the local courier for 7 days, after which they are returned to the Sender.

• We are not liable for delayed shipments, loss, destruction, damage, non-delivery, or misdelivery of a shipment or part thereof if generated by the following situations/circumstances beyond our control, including but not limited to:

  • Roadblocks (fallen trees, rocks, multi-vehicle collisions), landslides near the road;

  • Collapsed bridges, blocked mountain tunnels, train derailing near the road, natural blockages, unauthorized strikes, spontaneous regional riots, adverse weather conditions impeding the proposed itinerary;

  • Natural causes: earthquakes, cataclysms, devastating storms, tornadoes, wildfires, floods, river overflows, etc.;

  • Human causes: state of war, state of siege, forced nationalization, revolutions, popular uprisings, etc.;

  • Non-compliance with orders by suppliers and third parties.

12. Acceptance

For products sold and delivered by Aqua Di Flora, the Buyer benefits from a 30-day product return policy. Aqua Di Flora does not cover the shipping cost for returns. (For details, access the link...)

13. Transfer of Property

Ownership of the goods will be transferred upon delivery, after payment has been made by the Buyer at the location indicated in the order (delivery being understood as signing the receipt of the transport document provided by the courier or signing the receipt on the fiscal invoice in the case of deliveries made by the Seller's personnel). In the case of delivery via courier, the courier is not authorized by the Seller to allow the Buyer to open packages before signing for delivery, but only subsequent to signing for delivery and paying any applicable counter-value.

14. Product Returns

The Buyer may request the return of products in the following situations:

 

 

• The packages show severe damage;

   

• The products were delivered / invoiced incorrectly: The delivery of products other than those requested must be reported immediately. The Buyer may request a return for replacement, and if the product is no longer in stock, they can opt for a replacement or a full refund. If a replacement with a higher value product is agreed upon, the buyer will pay the difference; if the value is lower, they will receive a partial refund. Return costs and shipping for the replacement product, if applicable, are borne by the client.

   

• The products display manufacturing defects;

• Right of Withdrawal: The Buyer has the right to notify the Seller in writing that they waive the purchase, without penalties and without invoking a reason, within 30 days of receiving the product. Furthermore, in accordance with emergency ordinances regarding consumer rights in distance contracts, the Buyer has the right to unilaterally terminate the distance contract in writing within 14 days from the date of receiving the product(s), without penalties and without invoking any reason. In this case, the direct costs of returning the products shall be borne by the buyer according to the law.

Products must be returned in their original packaging, with the invoice attached, and must not show signs of physical wear or damage.

Personalized products cannot be returned. Please note that these products are created according to configurations specified by you, so they cannot be exchanged or returned.

If a replacement with a higher-value product is agreed upon, the Buyer will pay the difference; if the value is lower, they will receive a partial refund. Return costs and shipping for the replacement product, if applicable, are borne by the Buyer. If the products requested for return show damaged or incomplete packaging, signs of wear, scratches, or dents, we reserve the right to decide whether to accept the return or to retain an amount, which will be communicated after assessing the damage caused.

In the event of exercising the legal right to return a product, the refund of its value will be made via bank transfer to the account indicated by the Buyer within no more than 14 days from receiving the returned product.

15. Processing of Personal Data

To ensure compliance with the right of site users to personal data protection, we have implemented specific protection measures, taking into account Romanian legislation as well as the requirements established by Regulation (EU) 2016/679 (GDPR)—applicable across the European Union.

Personal data means any information through which you can be identified, particularly by an identifier such as a name, an identification number, location data, an online identifier, or one or more elements specific to your physical, physiological, genetic, mental, economic, cultural, or social identity.

 

 

Our company takes all necessary measures to ensure compliance with your right to personal data protection, and these conditions represent the notification established by Art. 13 or 14 of the Regulation explaining why we collect your personal data, how we protect this data, and what your rights are in connection with this data collection. We encourage you to read this document carefully.

 

 

General Considerations Regarding Your Personal Data

In accordance with Regulation (EU) 2016/679, Aqua Di Flora will manage securely and only for specified purposes the personal data provided by users. Through these Terms and Conditions, users are informed that the personal data they provide will be processed for the purpose of optimal provision of internet services, goods and services supply, advertising, marketing, publicity, and statistics by Aqua Di Flora.

Aqua Di Flora performs the following processing operations: collection, recording, organization, storage, adaptation, modification, extraction, consultation, use, and, in some cases, transmission to third parties—under the exclusive and regulated basis of a commercial contract that ensures data security and confidentiality, as well as respect for user rights—of the personal data of site users to manage, maintain, improve, and obtain information regarding the services it offers, as well as to prevent errors and information leaks through its own IT network, violations of the law, or contractual terms.

The personal data collected may be used, including through automated profiling (for those users who have expressed their explicit consent), to personalize to the highest degree possible the services offered to users through the site, as well as for marketing purposes. Automated profiling will not target minors' data, as their personal data is not processed for this purpose.

Personal data will be provided by Users, at their own option, at the moment of creating a valid account on the site or subscribing to a service available on the site to benefit from the services and products offered. Upon registration on the site, certain personal data are requested from the user, such as first and last name, gender, date of birth, email address, telephone number, profession, habits/preferences/behavior, and other personal information.

The user is solely responsible for all data provided at the time of creating the user account on the site. To confirm the data and the account, the user will be notified at the email address declared during account creation. This confirmation email serves to stop fraudulent actions by users who use other people's email addresses to create fictitious accounts. If you receive such a message without having registered personally on the site, please send us an email at info@aquadiflora.com to delete the respective account within a maximum of 3 business days.

The user profile form contains fields that can be edited if you wish to modify or complete the data provided during account creation.

The user is not obligated to provide this data, as it is necessary for:

1. Maintaining records of site usage.

2. Providing services through the site under optimal conditions, informing users about promotional campaigns, and executing personalized marketing and advertising actions, as well as granting access to additional features.

A user's refusal to provide the requested data will result in non-participation in promotional actions organized through the site and the inability to use the additional facilities and services offered exclusively to registered users.