Terms of service
TERMS AND CONDITIONS OF SERVICE/AGREEMENT
Last update: October, 14th, 2024
The following terms and conditions will apply for all contracts and interactions between the customer and CHERISSE ART & DESIGN SRL about the delivery of goods, which are ordered in our online shop found on the internet as www.cherisse-design.com
THE PARTIES:
CHERISSE ART & DESIGN SRL is a company registered in Romania, Bucharest, 3rd District , Alexandru Vlahuta street-2, M50 Block, 3rd Building, 6th floor, 89 apartment. The company’s fiscal registration number is RO47623749 and is registered under the number J40/2688/2023 in The National Trade Register of Romania-Bucharest Region named the Vendor or Cherisse
and
Any natural person (over 18) who places an order via the Web Site for goods which the Vendor offers for sale on the Web Site (hereinafter the “Order(s)”), on a strictly personal basis and not for commercial, charitable or trade purposes, nor for the purposes of resale or transfer whether free of charge or in return for consideration (hereinafter the “User”, “You”, “Your” or the “Customer(s)”).
The Vendor and the Customer shall be referred to individually as a “Party” and collectively as the “Parties” for the purposes of this Agreement.
Throughout the site, the terms “we”, “us” and “our” refer to CHERISSE ART & DESIGN SRL . CHERISSE ART & DESIGN SRL offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
THE PURPOSE
This Agreement governs the conditions under which Orders are placed, paid for, tracked and delivered, and where applicable, the warranties which may be applicable to Orders and the Customer’s right to change their mind after placing an Order, in compliance with the terms of this Agreement and the law governing this Agreement.
The Vendor shall be entitled to alter its terms and conditions of sale at any time. The terms and conditions of sale governing the relationship between the Parties in respect of an Order, shall be the version which was online at the time the Customer placed the Order and which was expressly accepted by the Customer upon placing the Order, those terms and conditions of sale constituting this Agreement as defined in the Preamble.
Applicable law, settlement of disputes and language of this Agreement
The Web Site, this Agreement and any Orders which are placed through the Web Site, as well as the performance thereof, shall be governed by Romanian law. Any dispute arising in connection with the interpretation or performance of this Agreement shall governed by the exclusive jurisdiction of the Romanian courts.
GENERAL CONDITIONS
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
DESCRIPTION OF THE GOODS AND APPLICABLE PRICES
By placing an Order, the Customer accepts the prices and descriptions of the goods which are offered for sale on the Web Site.
The Customer acknowledges that the images of the goods are for illustrative purposes only. Although the Vendor has made every effort to display the colours accurately, the Vendor cannot guarantee that the Customer’s computer’s display of the colours accurately reflects the actual colour of the goods.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
The prices are indicated in LEI/EUR and they are including VAT.
Please note that your order may be subject to import duties and taxes over which we have no control as they are levied by your tax and customs office. As the customer and importer of the goods, you will be responsible for these charges. Import duties or tax costs will be invoiced to you directly from the appointed forwarder. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. The Vendor is not responsible for any delays on goods that have been held back as a result of procedures carried out by your local customs authorities.
Once an item has been purchased at a discounted price or sale, no price adjustment will be offered should a further sale or price reduction follow.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services that we offer.
We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
DISCOUNTS
Any special offers, promotional deals and money-off vouchers (hereinafter the “Discounts”) shall only be valid during the period of validity and subject to the conditions of each offer. Discounts may not under any circumstance be converted into a sum of money which is reimbursable or payable to the Customer.
Discounts may only be used by the Customer to whom they are granted and shall not be transferable to third parties. They shall be subtracted from the value of the Customer’s Order including VAT but excluding the costs of shipping and delivering the Order. Unless otherwise mentioned in a specific Discount offer, the Customer shall be barred from using several Discounts cumulatively when placing a given Order.
Where the Customer mentions their possession of several Discounts on the Web Site concurrently, the Customer shall only be able to use the Discount of the largest amount for the same Order.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
Customers must provide their real name, billing address, shipping address, phone number, e-mail address and other requested information as indicated.
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
Furthermore, when ordering items, you will be required to provide your payment details, and you represent and warrant that the payment details you provide on ordering are both valid and correct. Our site is only available for use to individuals who meet our terms of eligibility and who have been issued with a valid debit/credit card by a bank acceptable to Cherisse and whose applications are acceptable to Cherisse.
In order to make a purchase on our website you are not required to register. You can proceed as a visitor, if you do not wish to open an account. Please be aware that to be able to use some of the services and features you will need to create an account with us.
You can register, by providing a valid email address. You will receive a code on the email needed for registration. No password needed.
To be notified of any promotional offers, discounts and/or special events, you will need to subscribe to our newsletter. You do not need to create an account to subscribe to our newsletter, but can opt to do so once you have created an account and have signed in.
When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects.
You must notify hello@cherisse-design.com immediately of any breaches in security or unauthorized use of your account.
ACCEPTANCE OF THE ORDER
Once you have made your choice and your order has been placed, you will receive an e-mail acknowledging the details of your order. This e-mail is NOT an acceptance of your order, just an acknowledgement that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and Cherisse will be completed when we e-mail you to confirm the goods have been dispatched.
We reserve the right not to accept your order in the event that we do not obtain authorization for payment; that shipping restrictions apply to a particular item; or that the item ordered is out of stock, or for incomplete or suspicious address for delivery (like PO Box) or invoice.
We may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from the website at any time, whether or not that particular product has been sold out.
TERMS OF PAYMENT
The Customer must pay for goods when it places the Order. The Customer may pay for their Orders by providing their credit card details.
An immediate reimbursement on the Customer’s bank account in case of unavailability of a good shall not give any right to compensation to the Customer.
Data processed by the Vendor
When paying for an Order, the Customer provides the Vendor with an implied warranty that the Customer has the requisite authorisation to use the payment method the Customer elected upon placing their Order. Any Acknowledgement issued by the Vendor shall be subject to approval of the Customer’s payment by the relevant electronic payment validation server. Should the Customer’s bank reject the payment, the Order shall not be accepted and there shall be no obligation on the Vendor to dispatch the goods. As part of the measures taken to prevent fraud over the Internet, the Vendor shall be entitled to transmit information concerning the Order and the Customer’s payment method to a third party for verification purposes.
The Vendor shall check any Orders which have been validated on the Web Site in conjunction with the bank in charge of handling the electronic payments. Thus, the Vendor may verify any Order whose delivery address is different from the Customer’s billing address. In doing so, the Vendor may ask the Customer to provide further information and documents required for the Order to proceed: evidence of the fact that the Customer and/or the person whose name was provided does indeed reside at the delivery address, the Customer’s bank details, etc. These requests shall be forwarded to the Customer either by e-mail or over the telephone.
The bank account linked to the payment method used by the Customer shall be debited as from the finalisation of the Order by the Customer on the Web Site. The Vendor shall be entitled to suspend or cancel any Order and/or any delivery, whatever the nature or state of progress thereof, if any monies due by the Customer are not paid in full, or if there are any other problems with the Customer’s payment (“Incident”). If there has been a Customer Incident on a previous Order, any subsequent Orders placed by the Customer may be refused and any pending deliveries for the Customer may be suspended. The Vendor shall notify the Customer accordingly. Once the Order affected by an Incident has been settled by the Customer, or when the Incident has been resolved to allow the payment and finalization of the Order, the personal data relating to this Incident recorded by the Vendor will be erased. In case of an unresolved Incident, the personal data relating to this Incident will be retained for a period of two (2) years from the date of occurrence of the Incident. When the personal data relating to an Incident is erased by the Vendor, either because of the resolution of the Incident, or at the end of the two (2) year period, the Customer concerned by the Incident may place new Orders.
Data processed by the bank handling the payments
For ensuring the security, integrity and confidentiality of all payments made via the Web Site, the details of the Customer’s bank cards shall be encrypted using the SSL (Secure Socket Layer) protocol while they transit over the Internet.
The data regarding the means of payment of the Customer set out in the Order shall be handled securely by the Vendor’s payment provider Shopify, under its sole responsibility, in order to process and authorise payment for the Order and analyse the banking transaction as part of the measures taken to combat credit card fraud.
The period during which Shopify may retain information relating to the means of payment for Orders is fifteen (15) months maximum from the last payment made, or from the end of the contractual relationship and, in any case, within the limit of the validity date of the payment method concerned.
Should any payment incident occur in connection with a fraudulent use of a bank card, the data set out on the corresponding Order shall be recorded in a payment incident file kept by Shopify. Any wrong or inaccurate declaration as well as any anomaly may also be dealt with specifically by the bank. The Vendor should be the first point of contact for refunds, cancellations and chargebacks.
Method of payments: By Card, Cash on delivery -only valid on the territory of Romania, by Gift Cards.
TERMS AND CONDITIONS FOR GIFT CARDS:
They are virtual products. At the purchase confirmation, you will receive an email, with an unique code to be used only once by you or by another person-the Beneficiary of the GiftCard.
Gift Cards are valid 12 months from the date of purchase. Please note that any balance remaining upon expiry will be cancelled and unused amounts will not be refunded.
Gift Cards can be redeemed against all products on the online store. Gift Card may be used in full or part payment for goods. A Gift Card can be used to purchase goods at an equal or a higher price than the amount on the card.
If your Cherisse Gift Card(the unique code) received by email is lost or stolen, please call us or send an email immediately to deactivate your Gift Card. The Vendor accepts no liability for lost, stolen or damaged cards or for any purchases made with a lost or stolen Gift Card.
Gift Cards are non-transferable, can only be used on the Cherisse-design site for which they are issued and may not be redeemed for cash.
In case of a Return of the products purchased with a Gift Card, the initial amounts will be credited back. Cash refunds are not offered.
Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken.
Gift Card may be used by the original purchaser or anyone to whom the original purchaser has offered the Gift Card as a personal gift. Resale of the Gift Card is strictly prohibited.
The Vendor is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
The Vendor reserves the right to cancel a Gift Card if we deem such action necessary.
Gift Cards can be purchased only with a Debit/Credit Card.
DELIVERY/SHIPPING TERMS
The Vendor will dispatch your order within 2 business days of receipt of payment details – (excluding weekends, bank holidays and public holidays). This is subject to credit clearance and availability of stock.
As soon as your order has been shipped you will receive a dispatch confirmation with the tracking number from us, together with details on how to track your order. Please note that the estimated delivery times are to be used as a guide only, and The Vendor is not responsible for any delays caused by destination customs clearance processes or by any delays related with the Transportation Company. We will be your first point of contact if we can help you to handle any aspects of your receiving in good conditions of your products.
The goods will remain our property until the full purchase price was paid.
Shippment companies: Sameday for Romania and DHL for the rest of EU. Please note that we are delivering for the moment only to EU. All sales taxes related with the Vendor, are in Vendor responsibility. For other taxes like duty, custom taxes from your country, are in the Customer’s responsibility.
The transport is on the Vendor costs and responsibility, at standard level, in the limit of 2 kg and it”s usually in 3-5 days from the dispatching day. The exceptions will be on special periods like a month before Christmas, Easter Holidays or other special public holidays, when the delivery times can be longer. For an express delivery, additional costs will be added and will send them for your approval at the confirmation of the order.
For security measures, The Vendor reserve the right to not proceed with delivery of any order if the details provided for invoicing or address is a postal box or there are not complete. The Vendor sales team, will contact you to announce to complete the information and if this is not implemented within 14 days from the announce, the Vendor have the right to cancel the order and reimbursing you the amount paid.
If the delivery is failed by the 2 attempts with the reason of not finding you at the address specified in the order and the courier cannot contact you, the products will be returned at our deposit and we’ll cancel the order, send a message at your contact provided at the time of the order to announce you and refund the amount paid by the same method of payment.
RETURNS AND EXCHANGES
If you wish to return a product, you will need to:
Contact Cherisse-design at customer.care@cherisse-design.com with your order number and the item you wish to return.
Arrange to ship the product back, using a trackable and signed for delivery service. Please note, you will have to bear the cost for returning the product, unless you have agreed otherwise.
Items returned must be in their original condition, with all labels attached, original packaging, no signs of usage. The Vendor may refuse the returning if these conditions are not satisfied.
If the package is damaged and also, the product is affected by transport, you will be required to take photo proof of the faulty product and the packaging it arrived in, at the time of the receipt of delivery and send the photo directly to the Vendor Team at customer.care@cherisse-design.com You may refuse the package with a note on the delivery note and we’ll arrange for another delivery asap.
If the Buyer considers a product to be inadequate in quality, he/she shall notify the Seller in writing within 24 hours of the finding. To ascertain and solve the complaint, the Seller has the obligation to analyses the notification promptly, within 3 working days from the receipt of the notification. The products in question will be transmitted to the Seller at the expense of the Buyer and will remain in custody at the disposal of the Seller until the complaint is resolved.
Complaints must contain the identification data of the product (name, delivery date, order number, invoice number).
Used products or improperly stored or managed products will not be replaced.
Hidden defects are treated according to the legislation. Any refunds will be credited back to you using your original payment method, e.g. online credit card. Please allow up to 30 days for the refund to appear back on your statement.
PRODUCTS NOT ELIGIBLE FOR A RETURN OR EXCHANGE INCLUDE:
Personalised items that are specially made or ordered for customers, e.g. Made to Order Range, items with a name on it.
Products marked “sale”.
Personal products such as hair accessories.
Products that are made up in your own choice of fabric or material, or specially commissioned for the Buyer. (“closed-out products”).
In the case of Exchange, the second shipment will be invoiced. The new sale will be subject to the terms and conditions of sale in effect at the time of the exchange.
OTHER GENERAL CONDITIONS:
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall cherisse-design, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless cherisse-design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Romania.
COPYRIGHT
Unauthorized use of the materials contained on the Online Platform of the Vendor (texts, pictures/images, logos, graphics or any other elements on the Online Platform, as well as their arrangement) may violate copyright laws, privacy and publicity laws, certain communications statutes and regulations and other applicable laws and regulations. You may not copy, reproduce, distribute, modify, edit, create derivative works from, attempt to gain unlawful access to, decompile any code, script or software of the website, without the prior written permission of the Vendor.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
The European Commission operates a platform for online out-of-court dispute resolution that can be accessed at https://ec.europa.eu/consumers/odr
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@cherisse-design.com
Our contact information is posted below:
CHERISSE ART & DESIGN SRL
hello@cherisse-design.com
Alexandru Vlahuta -2 Street, Block M50, 3-Building, 6th Floor, 89 Apt,
Bucharest-3 District, Postal code 031021, ROMANIA
Phone number: 0040-722.426.310
Registration Number in The National Registration Office: J40/2688/2023
VAT number: RO47623749