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Xiaomoxuan Terms and Conditions
The Online Store https://xiaomoxuan.ro/ respects and guarantees the consumer’s rights. The consumer cannot waive their rights provided by the Romanian legislation in effect, any provision to the contrary is deemed unwritten. https://xiaomoxuan.ro/ does not exclude or limit any of the consumer's rights as they are established by legal provisions.
GENERAL PROVISIONS
The online store https://xiaomoxuan.ro/ The online store is owned by the commercial company Real Invest A.A SRL, located in Romania, Bucharest Sector 1, Strada Cpt. Alexandru Șerbănescu Nr. 75-83, registration number at the Trade Register J22/2610/24.08.2023, unique registration code 48673893, fiscal code RO. Contact details for customers are: email shop@xiaomoxuan.ro or telephone 0753993999.
This Regulation applies to both Customers and visitors of the Online Store, collectively referred to as Customers/Users. Acceptance of the Regulation is voluntary, but necessary for creating an Account and/or making purchases in the Online Store.
Definitions
- user – any person who visits the website https://xiaomoxuan.ro/;
- consumer – any natural person or group of natural persons organized into associations, as defined in art. 2 point 2 of Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and completions;
- professional – any natural or legal person, public or private, who acts within the scope of their commercial, industrial, or production activity, craft or liberal, as well as any person acting for the same purpose, on behalf or in the interest of the person.
- price – the value of the products and/or services purchased/provided by the Online Store. The price is expressed in lei (ISO 4217 code - RON) and includes VAT. The price does not include delivery costs, unless otherwise specified and mentioned.
- Products and Services – any goods or services mentioned in the Order, which are to be provided by the seller to the consumer;
- remote contract– any contract concluded between the professional and the consumer within a distance selling or service provision system, without the simultaneous physical presence of the professional and the consumer, using exclusively one or more means of remote communication, up to and including the moment the contract is concluded;
- sales contract – any contract under which the seller transfers or agrees to transfer the ownership of products to the consumer, and the consumer pays or agrees to pay the price for them, including any contract that concerns both products and services. Unless otherwise agreed, the contract is considered concluded when the acceptance of the offer to contract has reached the knowledge of the offeror;
- ervice contract – any contract, other than a sales contract, under which the professional provides or agrees to provide a service to the consumer, and the consumer pays or agrees to pay the price for it;
- working day – Monday to Friday, except for public holidays, declared as non-working days;
- Password – a string of characters (letters, numbers, symbols, spaces) through which the User certifies their identity and the right to access certain resources. The password is set by the User when creating the account. The User is solely responsible for maintaining the password for access to the Online Store account;
- account – The Electronic Service, identified by a Username and Password that allow the User to use the functionalities of the electronic service. The account allows storing the User’s information about purchased or tracked products, tracking orders, accessing order history, and other services provided by… Xiaomoxuan.ro;
- shopping cart – a service of the Online Store that allows placing one or more products, making reservations, entering discount codes, viewing a summary of Product Prices and all products together, including any shipping costs, and an estimated delivery date for the Products. The shopping cart collects the offers to contract made by the User for concluding the Contract;
- Newsletter – the service accepted by the User, which allows jazzboutique.ro to send them information about Products, the Online Store, new products, and promotions to the email address or phone number provided by the User, with their express consent;
- The Online Store https://xiaomoxuan.ro/ – an electronic system for the sale of goods and the provision of services that allows the User to place orders and the sale of products or the provision of services offered by the professional, consisting of a set of interconnected web pages available at the address: https://xiaomoxuan.ro/.
- order – a statement by the User expressing their clear and unequivocal intention to conclude a Distance Sales Contract. Acceptance of the Order means the conclusion of a Distance Sales Contract.
- Relevant legislation – The Civil Code; Emergency Ordinance no. 34/2014 regarding consumer rights in contracts concluded with professionals, as well as for the modification and completion of certain normative acts; Law no. 449/2003 regarding the sale of products and the guarantees associated with them; Law no. 296/2004 regarding the Consumer Code; Law no. 193/2000 regarding unfair clauses in contracts concluded between professionals and consumers; Law no. 365/2002 regarding electronic commerce; Law no. 455/2001 regarding electronic signature.
The Online Store https://xiaomoxuan.ro/ provides users with free access to:
Account – Provides users with the possibility of placing Orders as well as concluding Sales Contracts, under the conditions regulated by this Regulation and the applicable legislation; presents users with advertising content tailored to their interests; provides the ability to use the shopping cart.
Online shopping cart – The use of the cart begins when the User adds the first Product to the cart. The shopping cart is provided for free and through it, the order is placed. The cart saves the information selected by the User for a maximum period of 7 days, but does not reserve the products. When the cart is used while logged into the Account, the products are kept until they are removed by the User.
General obligations of the User:
- Providing correct and complete data when placing Orders or in the registration forms when creating the Account is the sole responsibility of the User;
- Updating the data, including personal data, provided by the User to the professional at the time of concluding the Service Provision Contract or the Sales Contract, especially for the correct execution of services; The User has the option to modify at any time the data entered during the Account creation using all available options within the Account section;
- Using the services and functionality in accordance with the applicable legislation and the provisions of the Regulation.
- Payment of the price and all costs within the time and manner agreed upon by the parties. Timely pickup of the ordered products at the location and in the manner agreed upon by the parties. MAKING PURCHASES IN THE ONLINE STORE.https://xiaomoxuan.ro/ provides the possibility to place an Order for Products on the Online Store page;https://xiaomoxuan.ro/ It has the ability to introduce new methods for placing orders through remote communication means at any time, in accordance with the terms of this Regulation and the applicable legislation. The User may place the Order through the Online Store as follows: a. The User adds the selected Product(s) to the shopping cart and then proceeds to the Order form. b. The User who holds an Account confirms in the Order form the compliance of the data required to conclude and execute the Sales Contract. The User who does not have an Account must complete the Order form with the necessary data for concluding and executing the Sales Contract. In any case, submitting incomplete or incorrect data by the User may lead to the inability to complete the Contract. The Order form requires the specification of the following User details: full name/company name, address (street, house number/residence, postal code, city, country), email address, contact phone number, and details regarding the Sales Contract: Product(s), quantity, model, color, and size, place and method of delivery of the Product(s), and the payment method. For legal entities, identification data must be provided. The User selects a payment method for the Price and any additional costs — the total amount indicated in the Order form, for the conclusion of the Sales Contract. The User submits the Order through the functionality of the Online Store provided for this purpose (the “Order and Pay” button). Until the “Order and Pay” button is pressed, the User has the ability to correct the data entered in the “Cart” section by adding or removing items. Depending on the selected payment method, the User may be redirected to a third-party payment service provider’s page to complete the payment. The Online Store, in response to the Order, will immediately send an automated message to the User’s email address provided, confirming the Order and the start of its verification. After verifying the Order, without unjustified delays, the Seller will send a message to the Client at the provided email address, confirming the acceptance of one or more individual offers for the Products in the Order and confirming the conclusion of the Sales Contract (acceptance of the Order concerning the Products indicated in the message) or information about the non-acceptance of the Order due to the inability or impossibility of accepting all offers for the Products in the Order, for reasonable reasons presented to the User; The Sales Contract is concluded at the moment the User receives the aforementioned confirmation message regarding the Products contained in the Order. The Seller will send the Buyer the confirmation of the Contract terms to the email address provided by the User. In case of inability to accept all or some of the offers made in the Order, https://xiaomoxuan.ro/ The User will be contacted to inform them of the inability to accept all the offers made in the Order regarding the conclusion of the Sales Contract. The User has the possibility to confirm the partial fulfillment of the order or its complete cancellation. Cancellation of the Order releases the Seller from the obligation to fulfill it and does not incur any cost for the User. If the offers made in the Order cannot be accepted, the Sales Contract will not be concluded, and the Seller will return, within a maximum of 14 days, the payment made by the User for those products that were not accepted. The total value of the Order includes the Price, delivery costs, and any other costs of optional services paid and selected by the User. The Seller may choose a threshold for the minimum Order amount for which delivery of the Products is free. If the total price, including the taxes of the Product that is the subject of the Order, delivery costs, and other costs, cannot reasonably be calculated in advance, given the method of price calculation, the User will be informed on the Online Store pages before finalizing the Order.PAYMENThttps://xiaomoxuan.ro/ provides users with the following payment methods for the ordered products:
- a. cash on delivery – payment to the courier upon receipt of the package;
- b. payment by bank transfer to the Seller’s account;
- c. electronic payments and payment by credit cards through authorized services, in accordance with the information provided within the Online Store.
The settlement of electronic transactions and those made with payment cards is carried out according to the Client’s choice through authorized platforms.
If the Seller does not receive payment from the User who chose to pay by bank transfer, electronic payment, or online card payment, https://xiaomoxuan.ro/ may contact the Client to remind them of the payment, including sending an email. Failure to make the payment within 4 days from the placement of the Order, and then an additional 3-day period, will lead to the cancellation of the Order, and consequently, the cancellation of the Sales Contract. The User may cancel the Order until receiving the message about its dispatch, without bearing any consequences, by contacting the Seller, without violating their right to withdraw from the contract, as well as other rights granted by the Regulation and legal provisions.
For cash on delivery payment, the User is required to make the payment upon receiving the package. Refusing to accept the package, even within the additional established time, leads to the termination of the Sales Contract. The User may cancel the Order until receiving the message about its dispatch, without bearing any consequences and without violating their right to withdraw from the contract.
PRODUCT DELIVERY
Product delivery is available within Romania and the European Union.
The cost of product delivery is borne by the User, unless the Sales Contract stipulates otherwise. The delivery costs are indicated on the Online Store pages in the “Delivery Costs” section and at the time of placing the Order, including when the User agrees to accept the Sales Contract.
Delivery methods:
- a. Shipment by courier
- b. Courier delivery with cash on delivery. The available delivery methods may depend on the payment method chosen by the Client. The total delivery time of the Product cannot exceed 30 calendar days and consists of the time required to prepare the Order for shipment and the delivery time by the carrier, which depends on the delivery type chosen by the User and is displayed on the product page each time. The delivery time for the product to the Client is approximately 7 working days, unless a shorter or longer term is specified when placing the order or in the Product description. In the case of products with different delivery times, the longest term is considered, but it cannot exceed 30 calendar days. The preparation time for the Order for shipment by… https://xiaomoxuan.ro/ It is calculated from the conclusion of the Sales Contract and, additionally, in the case of the Client choosing payment by bank transfer, electronic payment, or online payment, from the moment the payment is confirmed. If the products are not delivered within 7 working days, the Client can request delivery within an additional period. If the products are not delivered even within the additional period, the Client can request the termination of the contract without bearing any consequences and without violating their right to withdraw from the contract. For all product categories…
FINAL PROVISIONS
The Regulation applies to all Users of the Online Store.
Contracts concluded through the Online Store are concluded in Romanian. The parties will make every effort to resolve any dispute arising from the Contract amicably. If this is not possible, the dispute will be submitted to the competent courts for resolution.
Creating multiple accounts to benefit from promotions or offers, or any fraudulent behavior that may affect the proper conduct of promotional campaigns, is prohibited and will be considered an attempt of fraud. https://xiaomoxuan.ro/ reserves the right to suspend such created accounts and withdraw the benefits associated with ongoing promotions or offers, to cancel the account without prior notice, notification, other formalities, or compensation. The competent state authorities will also be notified.
The content of the website https://xiaomoxuan.ro/: images, texts, web graphic elements, scripts, software, design rights, model rights, patents, registered trademarks, are the exclusive property of Real Invest A.A S.R.L, its partners, and its suppliers.
Real Invest A.A S.R.L. does not guarantee that the website, the servers on which it is hosted, or the emails sent/received are free from viruses or other potentially harmful computer components, that it does not contain errors, omissions, defects, delays or interruptions in operation or transmission, line drops, or any other similar factors. The user uses the site at their own risk.
https://xiaomoxuan.ro/ reserves the right to cancel Orders for Products and Services displayed on the site due to technical errors, or which, due to technical errors, show clearly incorrect/absurd prices for products (prices that any buyer with an average level of knowledge may consider incorrect/absurd).
Users are responsible for the accuracy and correctness of the information provided in the forms available on this site.
If a product ordered by the Client cannot be delivered, we are obligated to inform the Client of this fact, and if the Client has paid for the product before this notification, to return the value of the Product and/or Service to the Client’s account within a maximum of 14 days from the date when… https://xiaomoxuan.ro/ has been informed of this fact.
Users of the website https://xiaomoxuan.ro/ may post comments and any other communications, may send suggestions, questions, or information, if their language is civil, and the content of the communications is not illegal, obscene, defamatory, does not disturb the privacy of others, and does not serve promotional campaigns unrelated to https://xiaomoxuan.ro/ are not mass emails or any other form of spam. Any fraud or attempt at fraud will be reported to the competent authorities.