Terms and Conditions
General Conditions for the use of www.clay-love.com
Thank you for your interest in our company, website, services and products.
Please read carefully this document, hereinafter referred to as “This Document”, “Contract”, “Terms” together with the documents referred to herein.
This document represents the terms of use of www.clay-love.com(hereinafter referred to as the “website”) and placing orders for products and services through through the Site.
By browsing our website or placing an order you agree to the Terms and Conditions described below. This document is a legal agreement – a contract between you and us.
Please also read our Privacy Policy (which you can find here) and our Cookie Policy (which you can find here) before browsing the site or placing an order. If you do not agree to these Terms or the Policies stated above, please do not use the Site.
The “Terms and Conditions” section is how www.clay-love.com does business and helps define your relationship with our site when you interact with our services and includes the rules that will govern the relationship between you as a Customer and us as Seller, as well as the conditions of use of www.clay-love.com by potential visitors or customers.
The “Terms and Conditions” document is drawn up in accordance with the provisions of stipulated by the applicable legislation, i.e. Law no. 365/2002 on e-commerce and O.U.G. no. 34/2014 on the rights of consumers in contracts concluded with professionals, as well as for the amendment and supplementing certain regulatory acts.
1. Introduction. Definition of concepts used
2. Online sales policy
3. Ordering products and services
4. Pricing of services and products, invoicing and payment
5. Stocks
6. Buyer’s Obligations
7. Obligations of the Seller
8. Guarantees
9. Intellectual property law
Seller’s liability, limitations and exclusions
11. Acceptance of conditions and user or customer liability
12. Complaints and enquiries
13. Force majeure
14. Notifications
15. Applicable law and dispute resolution
16. Specific clauses
17. Amendments/completions/updates to the document
Introduction. Definition of concepts used
1.1. Who are we?
Below you will find our identification details:
Name Authorised Natural Person Crăiță Laura-Luiza
Professional Headquarters Bucharest, Sector 4, Splaiul Unirii, Nr 160, Nod Makerspace
Commercial Register Number F40/1833/09.03.2023
Unique Identification Code 47778972
Email office@clay-love.com
Phone number 0792531109
Throughout this document we will be referred to using our official name mentioned above or under the brand name clay-love, as the “Seller”, “Provider”, “Company”, “Organisation”.
We are a company that offers products and services through the website www.clay-love.com (hereinafter collectively referred to as the “Site”), other tools made available to the Buyer to access the services, and through all media profiles/pages associated with this brand.
1.2. Definition of concepts used
The Seller or the Provider – represents the company Authorized Natural Person Fraita Laura-Luiza, as previously presented.
Customer/Buyer – means any natural person, at least 18 years of age, with full legal capacity or any legal person/entity, who creates or does not create an Account on the Site and places an Order online.
Customer/Buyer also means a legal entity that places an Order through a natural person on its behalf. Adults who authorize minors to use the Site are responsible for their entire conduct on the Site and for all actions minors may take.
Products or services – means any goods/products or services that are offered to the Customer/Buyer for purchase, against payment, through the www.clay-love.com website.
Contract – means the remote agreement (without simultaneous physical presence) between the Seller and the Customer, regarding the sale/purchase of one or more Products or Services on the website, through the placing of an Order by the Customer and its acceptance by the Seller, with compliance with the legal provisions and terms and conditions for the sale online/e-commerce. The contract is usually concluded in Romanian.
Account – is a unique interface to our site that involves customizing a section of the site by entering an email address and password, which contains various information about the Customer.
Order – represents the commitment expressed through the website by the Customer to purchase one or more Products, under the conditions set out
herein and/or agreed with the Seller by means of remote communication.
User – any person who has created an account on the site.
Visitor – any person accessing the site.
Website – means our website www.clay-love.com and any section or subpage thereof.
Other terms used in this document have the meaning given by the applicable legal provisions.
2. Online sales policy
2.1. Any potential Customer acting with a legitimate purpose and intending to purchase one or more Products from us, subject to these terms and conditions, is permitted access to www.clay-love.com for the purpose of placing an Order.
2.2. The customer declares that he/she accepts and agrees with the form of remote communication (e.g. by telephone or e-mail) by which we carry out our operations in the event of use of the website and, where applicable, registration of an Order.
2.3. If there are errors in relation to the price or any other details of the Products and you have placed an order, we will inform you by email or other agreed means of communication as soon as possible of such error.
2.4. Where there is an ongoing promotion or campaign of any kind, the Products sold thereunder will be subject to the terms and conditions applicable to that campaign or promotion, which we will bring to your attention.
2.5. All promotions or campaigns featured on the site are valid for the duration stated, and where no duration is stated for the running of promotions, they will be valid within the limits of available stock/places or for the duration we deem appropriate to achieve our objectives.
2.6. We do not guarantee the availability of all Products at all times and reserve the right to discontinue the sale of a Product at any time.
2.7. Any questions or concerns can be confidently addressed to the e-mail address: office@clay-love.com or by filling in the contact form, and we guarantee a response as soon as possible.
3. Ordering products and services
3.1. The customer agrees to enter into a bilateral contractual relationship with us www.clay-love.com by placing an online order, which may contain one or more of the products or services offered on our website.
3.2. Any natural person (who has reached the age of 18) or legal entity can place an order from the Customer Account menu, which will facilitate your interaction with us and bring you benefits (exclusive promotions, discounts, bonuses, etc.).
3.3. Adding a product to your shopping cart does not constitute a reservation, and an order will be considered valid and completed once you have completed all the steps in the Checkout menu and only after you have confirmed full payment of the price of the products or services you have ordered . opted. By completing the Order, you confirm to us that all the data you have given us provided are correct, complete and true at the time of placing the Order; and you expressly acknowledge that such Order implies the obligation your firm commitment to pay the “full amount due”. Any other way of the procurement procedure will not lead to the conclusion of a valid contract, and we will not be obliged to deliver that product or service.
3.4. Please note that we cannot estimate the time it will take to complete and deliver products and/or services that require additional information from you or that require customization of products/services already available.
3.5. The order will be considered accepted by us at the latest upon delivery of the ordered Products in physical format, and in case of an order not accepted but paid, we will refund the transferred amounts. Notification received by e-mail after the Order has been placed, regarding the taking of that Order, is for information purposes only and does not constitute acceptance of the Order by us.
3.6. The Customer undertakes not to sell/resell or distribute the Products purchased through the Website, as the Products are intended for personal use , and in the case of professional use, theCustomer may bepresented with a customised licensing offer.
3.7. The Customer shall be directly and fully liable for any breach of the above provisions, and in this case the Seller reserves the right to claim from the Customer the difference in amount for each Product it has forwarded, whether or not it has been partially modified, and this right does not exclude the possibility for the Seller to recover the full amount of the damage suffered, by any means recognised by law, including by contacting the persons where the documents are located in order to request information on the purchase of the Products.
3.8. The Seller/Preseller may cancel an Order placed with a concurrent or subsequent notification (such cancellation shall not entail any liability on our part) in the following cases:
a) the transaction is not accepted by the card-issuing bank (the card-issuing bank does not accept the transaction in case of online payment);
b) the Card Processor with whom the Merchant works does not validate or invalidates the Transaction (e.g., either because there are insufficient funds or for other reasons, according to the Processor’s policy);
c) the Payment is not completed within the deadline indicated by the proforma invoice, in case of payment by bank transfer/internet banking;
d) the data provided by the User/Customer when accessing the Platform is incomplete or incorrect;
e) the user/customer does not confirm the Order when contacted by the seller for this purpose;
f) the Seller reasonably believes that by accessing the Platform and placing the Order the User/Customer is pursuing an unlawful purpose or one that may cause any harm to the Seller/Company, its Affiliates or Partners;
g) any of the terms and conditions herein have not been strictly observed.
4. Pricing of services and products, invoicing and payment
4.1. The prices of the Products displayed on the website or communicated to the Customer are expressed in Lei and may or may not include VAT according to the legislation in force, as they will be displayed on the website and are considered valid prices for the Products displayed on the website or communicated to the Customer at the time of the completion of an Order.
4.2. Seller may update the prices of the Products, and such update shall supersede any previously posted prices for such Products.
4.3. Prices do not include delivery charges unless expressly stated or offered as a bonus for large orders.
4.4. If the price is not displayed, the Customer will have the opportunity to request a quote and an operator will communicate the price as soon as possible.
4.5. The price of the product ordered is the one displayed at the time of placing the order.
4.6. The price printed on the invoice is the same as the one sent by the operators when confirming the order.
4.7. Payment methods are available on the order launch page.
4.8. On the basis of the information held by the Seller and provided by the Buyer, an invoice will be issued for the goods delivered. At the same time, the parcel shall be accompanied by the documentation required by law for the product(s) ordered, as appropriate: certificate/statement of conformity, warranty certificate, instructions for use, etc.
4.9. The Seller shall issue the invoice for the products or services purchased on the basis of the identification data that the Customer shall communicate, and the invoice will be delivered together with the goods or services ordered to the e-mail Customer’s invoice or Customer Account, and will be valid in this format and even without a stamp or signature from the issuer.
4.10. No additional charges will be applicable for payment by card, and the Seller is not responsible for any other costs incurred by the Customer in addition to the price of the Product purchased including, but not limited to, bank transfer or currency conversion fees charged by the Customer’s card issuing bank, if the currency of issue of the card differs from the currency in which the sale is made.
4.11. The Customer shall be fully liable for any payment made in error, and in such cases the Seller shall analyse the situation and decide on a case-by-case basis whether or not to return the money already paid, the Customer being solely liable for such payments.
5. Stocks
5.1. Products are in stock, but the seller cannot guarantee the availability of the posted products.
5.2. Customers are correctly informed, in accordance with the terms and conditions, of the availability of the products ordered before delivery is confirmed, and miscommunication in this regard can rarely occur.
6. Buyer’s Obligations:
● provide true, accurate and current information about its entity when requested, otherwise orders may be refused;
● to accept the resolution of any problems within 30 (thirty) days from the date of their referral by e-mail to the seller;
● accept the Seller’s Terms and Conditions upon placing orders and pay for the products and/or services by the methods made available at the time the order is placed.
7. Obligations of the Seller:
● to provide users with free professional information on its products and services. Product images are shown for presentation purposes, but depending on the batch in which they were manufactured, the actual appearance of the product may differ.
● contact customers to confirm orders by e-mail or telephone;
● to deliver the products within 10 (ten) days after confirmation of delivery, if they are in stock;
● use personal data collected from customers/users in accordance with the “Privacy Policy” and “Cookie Policy” section, which can also be found on the vendor’s company website.
8. Guarantees
8.1. The seller declares on his own responsibility according to the provisions of art. 5 of GD no.1022/2002 on the regime of products that may endanger life and health, occupational safety and environmental protection that the products delivered do not endanger life, health, occupational safety, do not produce negative impact on the environment.
8.2. If you have any complaints or concerns, please contact us at office@clay-love.com.
9. Intellectual property law
9.1. All copyrights on the products on the site belong to the Authorized Natural Person Crăiță Laura-Luiza, known under the trade name clay-love.
9.2. The Customer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than the original intended by clay-love, include any Content other than the original Content, remove any markings that indicate the Authorized Natural Person Laura-Luiza’s copyright in the Content, or participate in any transfer, sale, distribution of materials made by reproducing, modifying or displaying the content, unless with the express written consent of the Authorized Natural Person Crăiță Laura-Luiza, the latter reserving the right to recover any kind of damage caused (direct, indirect, present and future) by any means made available by legal provisions.
9.3. The Client understands that there may be situations in which the Authorized Natural Person Fraita Laura-Luiza does not own property rights or some intellectual, industrial or commercial property rights to certain files, pictures, materials, etc. published on the site, benefiting only from a right to use them, and regardless of the situation, the Client is not allowed to commercialize, redistribute or reproduce these materials, nor to decompile or modify the structure without the prior consent of the representative of company.
Seller’s liability, limitations and exclusions
10.1. The Seller shall not be liable in the event that the Customer provides incorrect or incomplete information or data, the Customer being solely responsible for the accuracy of such information, and in this regard the Customer declares that he agrees and understands that a large part of the functions of our website are automated and the final result depends solely on the information he provides to the Seller or enters into the system.
10.2. The seller assumes no liability for:
a) loss of data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exceptional or punitive damages arising out of or in connection with the materials or services provided by Authorized Natural Person Fraita Laura-Luiza, even if the Customer has been advised of the possibility of such damages and without prejudice to the essential purpose of any limited remedy;
b) decisions the Client makes as a result of messages that a partner or affiliate promotes or decisions the Client makes as a result of information the Client finds on the site, whether or not written by experts
recognised in their field;
c) any changes it will make to the provision of the Services, including a total or partial interruption of the provision of the Services (or certain functions of the Services);
d) non-provision or incomplete provision of verifiable information by the Client;
e) the Customer’s inability to keep his login data (username, password or other credentials) secure and confidential.
11. Acceptance of conditions and user or customer liability
The User or Customer declares that he/she understands and agrees that it is prohibited to use the www.clay-love.com website in the following ways or for the following purposes:
a) in breach of the Terms and Conditions herein;
(b) in violation, in any manner whatsoever, of the applicable legal provisions or in a manner which may lead to the violation, in any manner whatsoever, of the applicable legal provisions;
c) to disseminate false or misleading information or to spread disinformation, incitement to hatred or the like;
d) in any way acting on behalf of and for the account of another person, in particular by using false names, false email addresses, false telephone numbers, etc.
e) for defamation of other persons, to bring insults, accusations or insulting statements about any other person;
f) for the promotion or concealment of illegal or immoral activities;
g) to reproduce, in any way, the interface of the site in order to mislead users, customers or potential customers that we have;
h) to gain unauthorized access to data that our visitors or customers have voluntarily provided to us;
i) to introduce malicious programs or lines of code into the system;
(j) to solicit illegal information, goods or services or to solicit information to cover up illegal activity;
l) to gain access to different sections or subsections of the site or to products or services offered by us using illegal procedures;
m) to obtain goods or services for resale.
12. Complaints and enquiries
12.1. Users and/or Customers of the www.clay-love.com website can generally contact us at the e-mail address or via the form in the “Contact” section for any queries, problems, referrals or complaints in relation to the Products or Services, including to identify and correct any errors that occur during data entry.
12.2. The complaints received will be dealt with by us within a maximum of 10 (ten) calendar days of receipt.
13. Force majeure
13.1. Neither the Seller nor the Customer shall be liable for failure to perform on time or/and improper performance, in whole or in part, of any of its obligations under this contract if the failure to perform or improper performance of such obligation was caused by force majeure asdefined by law.
13.2. The Party claiming force majeure is obliged to notify the other Party within 15 (fifteen) calendar days of the occurrence of the event and to take all possible measures to limit its consequences.
13.3. If within fifteen (15) calendar days of the occurrence of the event, the event does not cease, the parties shall have the right to notify
the automatic termination of this contract, without either party being entitled to claim damages.
14. Notifications
14.1. The User agrees that all communications made hereunder shall be made by electronic mail to the address communicated by the User on the Site, and agrees that such communication is valid upon mere proof by the Seller/Presenter that the communication has been sent. The Service Provider has the right to use other methods of transmission (by post, courier or bailiffs) of its communications to the User.
14.2. The parties agree that all communications in connection with this Agreement shall be made to the following addresses:
For the User – to the e-mail address office@clay-love.com;
For the Seller – to the e-mail address communicated by the User.
15. Applicable law and dispute resolution
15.1. This document is a legal contract concluded at a distance, accepted by simply ticking it and is subject to Romanian law.
15.2. If it is not possible to resolve disputes amicably, the parties shall apply to the competent courts of law.
16. Specific clauses
16.1. Our obligation is not an obligation of result, but an obligation of diligence, which means that we will do our best to deliver the Products or Services, but we cannot guarantee their performance, and the Customer expressly agrees to this.
16.2. The Vendor/Presenter does not assume liability for accessing the links found on the website and does not guarantee that the platform is free of bugs or viruses and is not liable for any temporary, partial or total interruptions of the platform, and this does not entitle the Customer/Consumer to compensation .
17. Amendments/completions/updates to the document
The Seller reserves the right to change the Terms and Conditions of the Site at any time without prior notice. By accessing the seller’s (company’s) website, users/customers will find the latest version of the Terms and Conditions.
