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1. Online selling policy
1.1. Access to service
• 1.1.1. Access to the service is allowed to any Member who owns or creates an Account.
• 1.1.2. To gain access to the service, the Member will have to accept the provisions of the Document.
• 1.1.3. Malagoli reserves the right to restrict or exclude the Customer’s access to the Service and / or some of the payment methods accepted and to remove or restrict his Account, within the law, if it considers that the conduct or activity of the Customer on the Site, the access and the existence of his Account could jeopardize or prejudice in any manner Malagoli. With respect to art. 5.5. provisions regarding Customer notification on or about Malagoli’s actions and decisions, the Customer may contact the company’s Customer Relations Department to be informed of the reasons that led to the implementation of the measures mentioned above.
• 1.1.4. Each Member can only have one Account. It is forbidden to share an Account between several Members / Customers.
• 1.1.5. In case Malagoli discovers irregularities and / or violations of any kind of the provisions of this chapter, leading to injury or disturbance in any way of the company's activity, Malagoli reserves the right, in its sole discretion, to cancel, limit, restrict, suspend or exclude the Customer's access to Content or Service. In this case, the Member or Customer may contact Malagoli’s Customer Relations Department to get the necessary justification regarding the measures adopted under this article and the date from which they have been or will be applied.
1.2. Products and services
• 1.2.1. Malagoli may publish on website information about products, services and / or promotions practiced by the company or by any other third party with whom Malagoli has signed partnership agreements, in a certain period and within the available stock.
• 1.2.2. The products and / or services purchased through the service are intended solely for the personal use of the Customer.
• 1.2.3. Malagoli can limit one or moreCustomers the possibility of acquiring certain products or services available on site at a certain time, under art. 7.1.
• 1.2.4. All charges for products or services on the site are expressed in lei (RON) and include VAT.
• 1.2.5. Tarrifs posted on the site slashed by a line repesent the price with discount applied.
• 1.2.6. Billing of the products purchased is exclusively in RON. If payment is made by credit card, Malagoli will debit the Customer's current account with amounts representing the value of the product ordered, after the submission to the latter of the order confirmation. Malagoli will not charge legal persons, even upon the Customer’s requests in this regard, given that the site exclusively addresses inatural persons.
• 1.2.7. For online payments, Malagoli is not/ can not be held responsible for any other additional cost borne by the Customer, including but not limited to currency conversion fees imposed by the bank issuing the card, where its currency is other than RON. The Customer bears sole responsibility for this action.
• 1.2.8. All information used to describe the products and / or services available on site (stills / dynamic images / multimedia presentations / etc.) is not a contractual obligation from Malagoli, the information being used exclusively for presentation.
• 1.2.9. In the description of the products and / or services, Malagoli reserves the right to use other products (accessories / etc.) that may not be included in the cost of these products.
1.3. Online order
• 1.3.1. The Customer may place orders for products marketed at a particular time, exclusively on the site, by adding the product / products to the shopping cart and completing the order by performing the payment by one of the ways expressly indicated. Once added to the shopping cart, a product is available for purchase to the extent that the Campaign is active and there is positive stock for this. Adding a product to the shopping cart, failing order completion, does not entail its automatic reservation.
• 1.3.2. By checkout the Customer agrees that all data provided by them, necessary for the purchase, are correct, complete and true at the time of placing the order, named in this document and the order issued.
• 1.3.3. By checkout, the Customer consents that Malagoli can contact them by any means available / agreed by Malagoli and stipulated in this Document, in any situation where it is necessary to contact the Customer.
• 1.3.4. Malagoli may unilaterally terminate the order made by the Customer, after prior notification to the Customer, without any further obligation of any party against the other or none of the parties to be able to claim damages in the following cases:
o 1.3.4.1. non-acceptance by the issuing bank of the Customer’s card, transaction, in case of online payment;
o 1.3.4.2. invalidation of transaction by the card processor agreed by Malagoli, in case of online payment;
o 1.3.4.3. data provided by the Customer, on the site is incomplete or incorrect;
o 1.3.4.4. the activity of the Customer on the site can and/ or produce damages of any nature, or prejudice in any way Malagoli and / or its partners;
o 1.3.4.5 making more than two consecutive failed delivery attempts;
• 1.3.5. The Customer may cancel an order made, when contacted in accordance with art. 7.3.3 .;
• 1.3.6. If the client gives up within the legal deadline of withdrawal from the contract, when making a payment order by credit card and the issuing bank has transferred to the Customer the amounts paid into the Malagoli account, the amount will be returned by Malagoli wihin maximum14 calendar days from the date on which the latter acknowledges this fact, in the account IBAN indicated in writing by the Customer.
• 1.3.7. If the product ordered by the Customer, performing a preliminary card payment can not be delivered by Malagoli, the latter shall inform the client of this fact and will return to the Customer’s account the value of the products, within maximum 14 calendar days from the date on which Malagoli acknowledges this fact or the date on which the Client has explicitly expressed its intention to withdraw from the contract.
• 1.3.8. The Customer has the right to cancel or modify the contents of an order paid by credit card in within 24 hours after placing it. In this regard, the Customer shall submit to Malagoli team a written cancellation request or change of order.
• 1.3.9. If the Customer has changed the Order under Article 7.3.8 and the value of their new order is smaller than the value of products / services originally ordered, Malagoli will return to the Customer's account the amount reprezenting the difference between the initial order and the new order, within maximum 48 hours since the date on which Malagoli acknowledged this fact.
1.3.10. If Malagoli can not perform the contract because the product is not available, it shall inform the Customer about the unavailability, on the date when Malagoli acknowledges the case. In the event that the product has already been paid by the Customer, the amounts paid will be refunded by Malagoli within maximum 14 days, according to art. 11 paragraph 2 of Law 130/2000 on distance contracts enforcement.
1.3.11. In the event of exceeding the deadline indicated in art. 7.6.2, Malagoli will inform the Customer by e-mail and will agree with this extension of delivery period yet not exceeding a delivery date originally agreed upon. If, in the new period mutually agreed, the product will be unavailable for delivery, the Customer may request the termination of the distance contract and the cancellation of order. The Customer has a period of 3 working days from the date of issuance of the notice of information to express option on the product ordered. In case Malagoli fails to receive a response from the Customer within the period specified, it shall be considered as a tacit extension of the delivery period. In all cases when the Customer expresses written option to terminate the contract and cancel the order if the product has already been paid for it, Malagoli will return the amounts paid in accordance with art. 7.6.2 ..
• 1.3.12. Details of delivery including but not limited to delivery time does not constitute a contractual obligation from Malagoli, without any of the parties to be able to claim damages, if any part can be or is prejudiced in any way from violations.
• 1.3.11. If a Customer changes their personal data, using the forms available on the site, all orders in progress at that moment retain the data defined / accepted by the Customer after the time of change, taking into consideration, for delivery and contact, the new data modified accordingly.
1.4. Telephone order
• 1.4.1.The Malagoli Customer/ Member cannot make telephone orders.
1.5. Contract and checkout
• 1.5.1. Malagoli will include in the package sent to the Customer, depending on the type of each product, all documents needed to certify the purchase of products / services by the Customer.
1.5.2. Malagoli will help inform the Customer on the stage of completion of order.
1.5.3. The contract to which the documents attesting the delivery of contracted products to the Customer are added, from Malagoli becomes an honoured Contract.
1.6. Shipping
• 1.6.1. Deliveries to Customers of products / services is performed through a courier company. The courier company processes personal data of Malagoli Customer, exclusively for carrying out shipping services for the products purchased on the website and only with due observance of this document Malagoli Terms and Conditions. Also, the third party partners of the courier company, mandated to carry outl shipping services, which process personal data of Malagoli Customers, are kept in observance of the terms and conditions of the law on the security of personal data processing and of the present Malagoli Terms and Conditions. In this respect, the courier company can contact Malagoli Customers by any means of communication (email, phone, SMS) within the limits and for the purposes provided in this article.
• 1.6.2. Deliveries will be made, on average, in 3-4 weeks from ordering. If the product is deliveredlater than agreed, Malagoli will inform the Customer by e-mail, within 30 days after the end of campaign with the application of Art. 7.7.3, in which case, the Customer may ask in writing to cease the order, and in the event that payment was made prior to delivery, the amounts paid will be refunded in full compliance with the law, within 14 calendar days from the date of cessation.
1.7. Quality
1.7.1. Each product marketed by Malagoli receives clear details provided in its presentation page. Information about the instructions of use of the various products are provided in the pages of presentation.