Terms and conditions

  1. General Information

Please read carefully the terms and conditions of use of this site presented below. Your visit to this website implies acceptance of the Terms and Conditions of Use and represents the entire understanding between the parties, being valid for all subsequent orders and confirmation emails.

If you do not agree with any of the Terms of Service, please leave this site. The User may revoke the acceptance given to the Terms of Service by sending a message to the Company to this effect, by email or using the contact form available on the Site. The Terms and Conditions of the site may be modified without prior notice, the most recent version being accessible from any page of the Site.

  1. Company Information

This set of Terms and Conditions governs the relationship between Tratamente Naturiste Nicu Ghergu S.R.L., a legal entity organized under applicable Romanian legislation, having its registered office at Str. Baionetei Nr. 3, Sector 5, Bucharest, registered at the Trade Register under no. J40/9401/2004, unique identification code 16499021 ("Online Store", "the Company", "tratamentenaturiste.ro", and any references to "we" or "our" refer to the Company) and persons using ("the User") the website www.tratamentenaturiste.ro ("the Site") and/or the services offered by the Online Store through the Site ("the Services").

Accessing and using the tratamentenaturiste.ro Site, including any component page or section thereof, or any Service provided through this site may only be done in accordance with this set of Terms and Conditions, which include the Personal Data Privacy Policy (GDPR) and the Cookies Policy.

  1. Other defined terms

"The Seller" is Tratamente Naturiste Nicu Ghergu SRL or any partner from www.fohowromania.com.

"The Buyer" is the person who purchases or considers purchasing one or more products made available on the Site.

The User/Buyer may create their Customer Account and use the Site only if (and consequently guarantees that): they are of legal age; they are legally capable of entering into a contract; it is legal for them to use the Site; they undertake to comply with the Terms of Service; they undertake to comply with all laws applicable to them regarding the use of the Site.

"The Potential Buyer" is the individual who has expressed interest in purchasing a product, by browsing the website www.fohowromania.com.

"The Content" may be given by any of the following descriptions: any information on the Site that can be visited, viewed, or otherwise accessed through the use of a digital device; the content of any Notification, Opinion, Note, Request or Exceptional Offer and any Comment or Newsletter; the content of any email sent to the User by the Company or to the Company by the User by electronic means and/or any other available means of communication; any information communicated to the User by any means by an employee/collaborator of the Company, according to the contact information, whether or not expressly specified by them; the specifications, descriptions, information related to the products, services and/or prices practiced by the Company in a given period; information related to products, services and/or prices practiced by a third party with whom the Company has partnership agreements, in a given period; data relating to the Company or other privileged data thereof.

"The Account" is the section of the Site consisting of an email address and a password that allows the Buyer to place Orders and which contains information about the Customer/Buyer and the Buyer's history on the Site (Orders, fiscal invoices, Product warranties, etc.). The User is responsible and will ensure that all information entered when creating the Account is correct, complete, and up to date.

"Favorites/Wishlist" is the section of the Account that allows the Buyer/User to create Lists of Products and Services they wish to track for a possible future purchase, using the product and service tracking service offered by the Seller through the receipt of Commercial Communications from them.

"My Cart" is the section of the Account that allows the Buyer/User to add Products or Services they wish to purchase at the time of adding or at a later time.

"The Order" represents the electronic request that intervenes as a legal act concluded between the Company and the User, through which the User transmits to the Company, through the Site, their intention to purchase, in certain quantities, products and services sold by the Company.

"The Contract" represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer. The object of the contract consists of the products for which you have expressed the option to purchase, by placing an order, which was subsequently confirmed to you by Tratamente Naturiste Nicu Ghergu SRL. The products have the characteristics mentioned on the webpage www.fohowromania.com and are accompanied, where applicable, by warranty certificates. In accordance with applicable regulations, namely Government Ordinance no. 130/2000 on the legal regime of distance contracts, the moment of conclusion of the distance contract is the moment of confirmation by Tratamente Naturiste Nicu Ghergu SRL of the acceptance of the order submitted by you.

"The Order Period" is the determined period of time, from the date of placing the Order until the date of expiry of the Right of Withdrawal, extended, where applicable, by the period of time necessary to complete the procedures initiated as a result of exercising the Right of Withdrawal.

"The Legal Right of Withdrawal" is the Right granted by law, through which the User may request the cancellation of the Order, respectively the return of the products and the reimbursement of the value of the products, by any means of written communication, within 14 days of receiving the products, without penalties and without invoking a reason.

  1. Copyright and intellectual property

The entire content of the website www.fohowromania.com — images, texts, symbols, graphic elements, scripts, programs, and other data — is the property of www.tratamentenaturiste.ro and is protected by Copyright Law, as well as by intellectual and industrial property laws. The use without the Company's consent of any of the elements listed above leads to bearing the consequences under applicable laws. Complaints related to intellectual property rights are to be reported to the following email address: fohowromania@gmail.com

  1. Limitation of liability

ATTENTION!

All information on this site is published for informational purposes and cannot substitute the advice or prescriptions of your doctor or any qualified medical personnel. You must not use the information present on these pages for the purpose of diagnosing or treating any health problems or diseases, or for replacing medications or treatments prescribed by authorized medical personnel.

You must read the entire leaflet carefully. If you have or believe you have health problems or are ill, consult your doctor immediately.

The information and advice related to nutritional supplements have not been approved by the Ministry of Health and other authorized bodies and are not intended to diagnose, treat, cure, or prevent any disease.

Despite our constant efforts to ensure correct information in product descriptions, situations may arise in which the manufacturer changes the composition or image of the product without providing prior notice. The presentation form of the products may contain information that differs from the information presented on the Site. All product information on our website is strictly for informational purposes. Please read the product label, warnings, and instructions displayed on the product before consuming or using it. The materials presented on this Site are not a substitute for medical consultation, diagnosis, or treatment. Tratamente Naturiste Nicu Ghergu S.R.L. assumes no responsibility for inaccuracies or incorrect statements regarding products from third parties or manufacturers.

The Company acts as a trader. Regarding product quality, brand authenticity, and any other questions about a particular brand or product, the User may contact the manufacturer, the brand representative, or the importer in Romania.

Herbal products, food supplements, or similar products sold through the Site are products available without a medical prescription. The User must carefully read all information presented on the packaging or leaflets of these products before use, and if unpleasant reactions occur, must discontinue use and consult a doctor immediately. The Company cannot be held liable before any natural or legal person who uses or relies on the Content.

The Company cannot be held responsible for any type of damage (direct, indirect, accidental or otherwise, etc.) resulting from the use or inability to use information of the Content type presented or not on the Site, or for any type of errors or omissions in the presentation of the Content that may lead to any kind of losses. The Company cannot be held responsible for any errors appearing on the Site for any reason, including as a result of modifications, settings, etc.

The Company cannot be held liable for damages of any kind that the User or any third party may suffer as a result of the Company fulfilling any of its obligations under the Order, and for damages resulting from the use of products and services after delivery and in particular for the loss thereof.

  1. Legal provisions

The following objectives, whether achieved or not, will be considered an attempt to defraud the Site, the Content, and/or the Company, and the Company will seek damages and file a criminal complaint against those who have attempted to commit fraud or have achieved these objectives: accessing data of any type belonging to another User by using an account or by any other method; deleting or modifying the Content; affecting the performance of the server(s) on which the Site runs; accessing or disclosing to any third party without the necessary legal authority, Content transmitted by any means by the Company to the User when that person is not the legitimate recipient of the content.

  1. COOKIE Policy

Cookies are small text files stored on your computer when you visit certain web pages. The website www.fohowromania.com uses cookies to understand what type of content the User is interested in and to recognize the User if they return to the site. The cookies used cannot harm the User's computer. The cookies used by www.fohowromania.com do not store personally identifiable information, such as credit card data, but instead use encrypted information collected from cookies that allow ensuring a more pleasant visit to the site for the User.

They can help identify and resolve errors or related products that may appear as you browse the site.

A cookie contains information that links a web browser (the user) to a specific web server (the website). If a browser accesses that web server again, it can read the already stored information and react accordingly. Cookies ensure users a pleasant browsing experience and support the efforts of many websites to offer comfortable services to users.

Cookies store information in a small text file that allows a website to recognize a browser. The web server recognizes your browser until the cookie expires or is deleted. The cookie stores important information that improves the Internet browsing experience.

Cookies are managed by web servers. The lifespan of a cookie can vary significantly, depending on the purpose for which it is placed. Some cookies are used exclusively for a single session (session cookies) and are no longer retained once the user has left the website, while some cookies are retained and reused each time the user returns to that website ("permanent cookies"). However, cookies can be deleted by a user at any time through the browser settings.

Each time a user visits this site, the analytics software provided by a third party generates an analytics cookie for the user. This cookie tells us whether the user has visited this site before. The browser will tell us if you have this cookie, and if not, we will generate one. This allows monitoring of unique users who visit the site and how often they do so.

As long as you are not registered on this site, this cookie cannot be used to identify natural persons; they are used for statistical purposes only.

Disabling and refusing to receive cookies may make certain sites impractical or difficult to visit and use. Also, refusing to accept cookies does not mean that you will no longer receive/see online advertising.

It is possible to set your browser so that these cookies are no longer accepted, or you can set the browser to accept cookies from a specific site.

  1. Privacy Policy

To fully access the Site and to place Orders, the User must register personally and voluntarily for a Customer Account, based on their personal email address and by choosing a unique password for the Customer Account, also entering other personal data that the Company requests through the registration form such as (but not limited to) first and last name, age, delivery/billing/residence address, landline/mobile phone number.

Customer information will also include any other personal data that the User will occasionally and voluntarily provide, at the request of the Company or by completing the forms available on the Site.

The Company and the advertising agencies with which the Company has concluded collaboration agreements may collect other data (IP address, time of visit, name and version of the internet browser, operating system, including other parameters) provided by the internet browser through which the User accesses the Site and permitted by the User in accordance with the "Cookie Usage Policy."

By submitting any personal data, the User declares and unconditionally accepts that their personal data be included in the Company's database and gives their consent expressly and unequivocally for all such personal data to be stored, used, and processed in accordance with the "Privacy Policy." The User is obligated to provide only correct, complete, and current information and gives their consent to update this information as necessary to keep it correct, complete, and current. Using the forms available on the site, the User has the possibility to modify the data they initially declared or to add new data, to reflect any changes that have occurred in relation to their personal data.

Tratamente Naturiste Nicu Ghergu S.R.L. and the service providers associated with our information systems undertake to respect the confidentiality of the personal information in our possession. Any questions regarding the security of personal data can be addressed to: fohowromania@gmail.com.

You will be notified of a personal data security breach within a reasonable period of time after the discovery of such a breach, unless a competent public body determines that the notification would impede a criminal investigation or harm national security. In this case, the notification will be postponed, in accordance with the instructions of such a body. We will promptly respond to your questions regarding such a personal data security breach.

The Company undertakes that the personal data of Users will be used only in accordance with the declared purposes and will not make public, sell, rent, license, transfer, etc. the database containing information regarding the personal data of Users to any third party not involved in fulfilling the declared purposes. An exception applies when the transfer, access, or viewing is requested by the competent state authorities, on the basis of and within the limits of legal provisions and as a result of expressly formulated requests.

  1. Orders

The User may only order products and services existing on the Site at the time of placing the Order.

The Order is formed by adding the desired products and/or services to the shopping cart, with the User having the possibility to place the Order after selecting all the options made available on the Site regarding the delivery and/or billing address, delivery method, and payment method. Once added to the shopping cart, a product and/or service is available for purchase to the extent that stock is available. Adding a product or service to the shopping cart, without completing the Order, does not result in the registration of an Order, nor in the automatic reservation of the respective product or service.

By placing the Order, the User consents that the Company may contact them, by any means of communication (including electronic), for the following purposes/situations: notifying the User that the Company has acknowledged the placing of the Order; validating the Order, the availability of the products, and the quantities purchased by the User; validation by the User of the value of the Order placed, including, depending on the situation, other value-added services (e.g.: transport value, handling, packaging, etc.); establishing by mutual agreement the details regarding the delivery of the products; informing the User about the status of the Order; requesting the User's opinion regarding the Order, the products and/or services ordered; any other necessary communications regarding the Order, throughout the Period of the respective order.

The Company may cancel the Order placed by the User, following a prior notification addressed to the User, at the email address or by SMS to the phone number registered in their Customer Account, without any subsequent obligation of either party toward the other or without either party being able to claim damages from the other, in the following cases: non-acceptance of the transaction by the issuing bank of the User's card, in the case of online payment; invalidation of the transaction by the payment processor agreed upon by the Company, in the case of online payment; the data provided by the User on the site are incomplete and/or incorrect; the Company was unable to contact the User by phone to validate the Order; the User's activity on the site may cause or does cause damage of any nature to the Company and/or its partners; the ordered products are out of stock and the stock can no longer be replenished in a timely manner; errors in the functioning of the Site within normal parameters.

The User may also place the Order by phone, and the Company's employees will enter the products and services requested by the User only into their Customer Account. After telephone confirmation of the Order, the User will receive an email with the Order details. In this case, the Order is considered placed only after the User has sent their written consent regarding the Order.

Working hours: Monday to Friday, 09:00–17:00.

Orders placed and registered on the website www.tratamentenaturiste.ro on Fridays after 17:00 until Monday at 09:00 will be confirmed (by phone or email) and processed on the first working day of the following week. For information related to orders you can call the following phone number: 0766.671.103. You can also contact us at the email address: fohowromania@gmail.com.

  1. Payment and invoices

The price, payment method, delivery deadline, and delivery method are specified in each Order. The Company will issue an invoice to the User for the products and services delivered, with the User's obligation being to provide all the information necessary for issuing the invoice in accordance with applicable legislation.

In the case of online payments, the User's payment card data will not be accessible to the Company and will not be stored by the Company or by the payment processor integrated into the Site, but only by the transaction authorization institution or another entity authorized to provide card identification data storage services, whose identity the User will be informed of prior to entering their data.

In the event that a product or service cannot be delivered by the Company, the latter will inform the User of this fact and, where applicable, will return to the User's account the value of the product and/or service, within a maximum of 7 (seven) days from the date on which the Company became aware of this fact or from the date on which the User expressly expressed their intention to waive that product or service or to cancel the Order.

  1. Quality and warranties

Through the "Declaration of Conformity," the Company declares that the food products offered for sale are safe and comply with the prescribed or declared conditions.

Non-food products and services sold by the Company benefit from quality and warranty certificates in accordance with applicable legislation and the commercial policies of the manufacturers or importers. The products are new (with the exception of resealed products), in their original packaging, and originate from sources authorized by each manufacturer.

Warranty certificates are either issued directly by the manufacturer, in the case where they have a national service network, or are issued by the Company's service partner.

The User will receive upon delivery, for each product that benefits from a warranty, a warranty certificate with all the details of the service center that provides repairs during the warranty period. The absence of the product warranty certificate must be reported to the Company within a maximum of 48 (forty-eight) hours of receipt. Any subsequent complaint will not be taken into consideration.

The item claimed to be defective during the warranty period must be presented directly to the nearest service center mentioned in the certificate. This authorized center will assume full responsibility for resolving the warranty claim.

  1. Return Policy

The User may request the return of products purchased through the Site and the reimbursement of money or replacement of products, in the following situations: the products were damaged during transport, making it impossible to use them under the conditions and for the purpose for which they were manufactured, and proving the impossibility — within 12 hours of receipt (e.g.: the main casing was cracked or broken, the contents leaked, or the box/bottle in which the product is packaged was broken); the products received are not the same as those ordered on the site; the products received differ from those the customer believed they had ordered, having been misled by major differences between the image and the name of the product (excluding cases where the error occurred due to a technical problem with the site); by exercising the Legal Right of Withdrawal from the Distance Contract.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract, using an unambiguous statement, for example a letter sent by post to Tratamente Naturiste Nicu Ghergu SRL, at the address: Baionetei nr. 3, sector 5, Bucharest, or by email: tratamente.naturiste.office@gmail.com. To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period of 14 calendar days.

If you withdraw, we will reimburse the amount we received from you, without undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision to withdraw from this contract, but we may delay reimbursement until the date on which we receive the products back or until the moment at which you have provided us with proof that you have sent the products back, whichever date is the earliest. We will carry out this reimbursement using the same payment method as that used for the initial transaction, unless you have expressly agreed to a different reimbursement method; in any case, you will not be charged any fees as a result of such reimbursement.

The costs of returning the products as a result of exercising the right of withdrawal will be borne by you.

Send the products or hand them directly to us at the premises of Tratamente Naturiste Nicu Ghergu SRL located at Baionetei nr. 3, sector 5, Bucharest, without undue delay and, in any case, within a maximum of 14 days from the date on which you communicated your withdrawal to us. The deadline is met if the products are sent back before the expiry of the 14-day period. You are responsible only for the diminished value of the products resulting from handling other than that necessary to establish the nature, qualities, and functioning of the products. The product must be returned without damage, signs of wear, scratches, dents, or missing accessories, together with its invoice and warranty.

ATTENTION!

In the event that the box or protective element in which the product is contained includes product identification elements (such as: product description, characteristics, product code/lot, instructions for use, age indications), these fulfill additional functions and are not considered "packaging" under Law no. 249/2015. Therefore, THE PRODUCT MAY ONLY BE RETURNED TOGETHER WITH THESE BOXES OR PROTECTIVE ELEMENTS; otherwise Tratamente Naturiste Nicu Ghergu SRL will not accept the products. Without the possibility of being identified and without a description, the products become unsuitable for subsequent use and sale. In the event that the products are delivered to the consumer by Tratamente Naturiste Nicu Ghergu SRL in transport packaging (bubble wrap, cardboard box that does not contain product identification elements), for the purpose of preventing damage to the product during handling and/or transport, it is not necessary for the products to be returned in this packaging.

The following are excluded from the right of withdrawal, pursuant to art. 16 of Government Emergency Ordinance no. 34/2014: "c) the supply of products made to the consumer's specifications or clearly personalized; d) the supply of products which are liable to deteriorate or expire rapidly; e) the supply of sealed products which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer; f) the supply of products which are, after delivery, according to their nature, inseparably mixed with other items."

Under the conditions of Law no. 449/2003 on the sale of products and associated guarantees — republished, the seller is liable to the consumer for any lack of conformity existing at the time of delivery of the products. In the case of a lack of conformity, the consumer has the right to request the seller to bring the product into conformity, free of charge, by repair or replacement, or to benefit from a proportionate reduction in price or from rescission of the contract. In the case of a lack of conformity, the consumer has the right to request the seller to first repair the product or has the right to request replacement of the product, in each case free of charge, except where the measure is impossible or disproportionate. The notion "free of charge" refers to all costs necessary to bring the product into conformity, including postal, transport, handling, diagnosis, expert assessment, disassembly, assembly, labor, materials used, and packaging costs. A lack of conformity is not deemed to exist if at the time of conclusion of the sale contract the consumer knew or could not reasonably have been unaware of the lack of conformity, or if the lack of conformity originates in materials supplied by the consumer. Any lack of conformity resulting from incorrect installation of the products will be considered equivalent to a lack of conformity of the products, if the installation forms part of the contract of sale of the products and the products were installed by the seller or under their responsibility, or if the product intended to be installed by the consumer is installed by the consumer and the incorrect installation is due to a deficiency in the installation instructions. The seller's liability is engaged if the lack of conformity appears within a period of 2 years, calculated from the delivery of the product. For products whose average useful life is less than 2 years, the period is reduced to that duration. Any repair or replacement of the products will be carried out within a reasonable period of time, established by mutual agreement, in writing, between the seller and the consumer, and without any significant inconvenience to the consumer, taking into account the nature of the products and the purpose for which the consumer requested them. The established period of time may not exceed 15 calendar days from the date on which the consumer brought the lack of conformity of the product to the seller's attention. The lack of conformity of the products must be notified in writing to the seller within a period of 2 months from the date of its discovery. After the expiry of the 2-year period, calculated from the date of delivery, consumers may claim remedy or replacement of products that cannot be used for the purpose for which they were made as a result of hidden defects appearing within the average useful life, under the conditions of the law.

Delivery and return policy (orders within the EU):

  1. Transport costs for orders within the EU are calculated upon completion of the order and are non-refundable in the event of refusal of the parcel or failure to collect it on time.
  2. In the event of refusal or failure to collect the parcel, the following will be retained: The cost of outbound and return transport of the parcel. An administrative processing fee of 10% of the product value.
  3. Partial reimbursement will be made within 14 days of receipt of the returned parcel, with deduction of the costs mentioned above.
  4. Refused or uncollected products will not be automatically reshipped, and the customer must place a new order if they wish to receive the product.
  5. Any additional costs generated by the refusal or failure to collect the parcel, including storage or handling, will be borne entirely by the customer.

International delivery policy (orders outside the EU): Transport costs for international orders are calculated upon completion of the order and are non-refundable in the event of refusal of the parcel or failure to collect it on time. In the event of refusal or failure to collect the parcel, the following will be retained: The cost of outbound and return transport of the parcel. Customs duties and any other additional costs imposed by customs authorities. These fees do not represent a fixed amount and will vary according to local legislation. The customer will receive a copy of the invoice for customs duties, issued by the competent authorities. An administrative processing fee of 10% of the product value. Partial reimbursement will be made within 14 days of receipt of the returned parcel, with deduction of the costs mentioned above. Refused or uncollected products will not be automatically reshipped, and the customer must place a new order if they wish to receive the product. Any additional costs generated by the refusal or failure to collect the parcel, including storage or handling, will be borne entirely by the customer.

Return policy for international orders: If a parcel is returned due to refusal to accept or failure to collect, the outbound and return transport costs, customs duties, and the 10% administrative fee will be deducted from the amount to be reimbursed. Reimbursement will be made using the same payment method used for the purchase. The return of products must be made in an appropriate condition, without signs of wear or damage, in the original packaging. Personalized, sealed products, or products at risk of rapid deterioration cannot be returned in accordance with applicable legislation (art. 16 of Government Emergency Ordinance no. 34/2014).

Disputes Any dispute arising between the User/Customer and Tratamente Naturiste Nicu Ghergu S.R.L. will be resolved amicably. If the dispute is not resolved amicably, it will be settled by the courts within the territorial jurisdiction in which the Company carries out its activity. Any complaint must be submitted in writing to the email address fohowromania@gmail.com.

Final provisions Tratamente Naturiste Nicu Ghergu S.R.L. reserves the right to make any modifications to these provisions, as well as any modifications to the site/its structure/service without prior notification of the customer or user. Any other issue caused by the products and services presented on www.tratamentenaturiste.ro that is not already addressed by any article of this document will be resolved amicably within 30 working days from the date of written notification of the problems by the user. When making a purchase and placing an order, the customer accepts without objection the Terms and Conditions of Use of the site, their value being equivalent to that of a concluded contract.