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TERM AND CONDITIONS

By its content, this document makes available to the third party users the Regulation on the terms and conditions for using the www.profertilitate.ro website (hereinafter named the “Website”) and the conditions for selling the products.

The website is held by the company HYLLAN PHARMA SRLRomanian legal person with registered office in Bucharest, not Budapest, str. Turturelelor nr. 11A, etaj 2, Sector 3, registered with the Bucharest not Budapest Trade Registry Office under no. J40/4681/2007, sole identification code 21293833.

Using the website (including entering and navigating it and purchasing products from the website) is deemed an implicit consent to observe the terms and conditions indicated in this document, with all effects and consequences that derive from it.

HYLLAN PHARMA SRL reserves the right to alter at all times the content of this document without previously notifying the persons using it, hereinafter named “Users”.

The users will have permanent access to the terms and conditions of using the Website for being able to read them at all times.

Definitions and terms

Hyllan Pharma: HYLLAN PHARMA SRL, Romanian legal person with registered office in Bucharest, not Budapest, str. Turturelelor nr. 11A, etaj 2, Sector 3, registered with the Bucharest, not Budapest Trade Registry Office under no. J40/4681/2007, sole identification code 21293833.

Seller: Hyllan Pharma

User: natural or legal person having or obtaining access to the Website’s Content, by any communication means made available by Hyllan Pharma (electronic, by phone, etc.) or according to an agreement to use existing between him and Hyllan Pharma, and which requires that an Account be created and used;

Client: natural or legal person placing an Order.

Account: Website section made of an email address and password, which allows the Client to place the Order and which contains information on the Client and its history on that website (orders, warranty documents, etc.).

Website: it is www.profertilitate.ro, a domain belonging to Hyllan Pharma, by which the User has access to the information on the products provided by Hyllan Pharma.

Order: it is an electronic document generated as consequence of a Client entering the Website, by which the Client sends to the Seller its intention to purchase Products from the Website. Booking a Product by accessing the Website is not an Order.

Agreement: it is the remote agreement concerning the Product, which the Seller and the Client conclude, within a remote selling system organized by the Seller, without the Seller and the Client being simultaneously present in person until the time of concluding the Agreement and including that time;

Content: (a) all information on the Website that can be entered, viewed or accessed in other manners by the use of an electronic device; (b) content of any email sent to the Users or its Clients by an employee or collaborator, by the use of electronic means and / or any other means of communication available; (c) any piece of information sent by any means by an employee or collaborator of Hyllan Pharma to the User or Client, according to the contact information, indicated or not by it; (d) information connected to products and / or tariffs / prices used by Hyllan Pharma in a certain period; (e) information connected to the products and / or tariffs used by a third party with which Hyllan Pharma has concluded a partnership agreement, during a certain period; (f) data concerning Hyllan Pharma or other of its privileged information.

Product: any product, including the documents indicated in the Order, that Hyllan Pharma will supply to the Client as consequence of concluding the Agreement;

Campaign: action to expose a limited number of Products, having a low predefined stock, for commercial purposes, and for a limited period, which Hyllan Pharma sets out.

Newsletter: regular means of information, sent only electronically (email, text message) in connection to the Products and / or promotions developed by Hyllan Pharma during a certain period, without any commitment taken by Hyllan Pharma in connection to the information in it. Waiving the newsletters does not involve waiving the consent given to these terms and conditions.

Review: written evaluation sent by the addressee or beneficiary of a Product, which was drafted according to his personal experience and ability to draft high quality reviews and indicate whether that Product observed the specifications stated by the producer.

Abusive use: using the Website in a manner contrary to the practice in this area, the regulations and legislation in force or any other manner that can damage the company Hyllan Pharma.

  1. Order
  1. The Client can place Orders on the Website by adding Products in his shopping cart, following to complete the Order by making the payment by one of the manners expressly indicated. When added to the shopping cart, a Product is available for being purchased to the degree it is found in available stocks. Adding a Product to the shopping cart does not lead to recording an order or to reserving that Product by default, unless the Order was completed.
  1. By completing the Order, the Client agrees that all the data he has given, required for the purchase process, to be correct, complete and genuine on the date of placing the Order.
  1. By completing the Order, the Client agrees for the Seller to be able to contact him, by any means possible / agreed by the Seller, in any circumstance when contacting the Client is necessary.
  1. The Seller can annul the Order placed by the Buyer as consequence of a prior notice sent to the Client, without any subsequent obligation from any party before the other or without any party being able to claim interest on compensation, in the next circumstances:
    1. the bank that issued the Client’s card rejected the transaction, in the case of online payments;
    2. data supplied by the Client on the Website are incomplete and / or incorrect.
  1. Payment and payment manners
  1. The price, payment manner and its due date are indicated on each Order. Hyllan Pharma will issue to the Client an invoice for the Products delivered, the Client being bound to supply all necessary information for the invoice to be issued, according to the legislation in force;
  1. Hyllan Pharma will accept the Client’s payment at the time when it receives the Order or in cash, when delivering the ordered Products.
  1. Hyllan Pharma reserves the right to request an advance payment of the Products, according to the proforma invoice issued. Advance payment can be made by payment order or cash deposit to the bank account RO44BACX0000000109602250. The proof of payment must be sent to Hyllan Pharma to the email address office@hylan.eu;
  1. The Products will be delivered only after the amount was received to the bank account of Hyllan Pharma, if the advance payment was agreed.
  1. Delivery
  1. The product will be delivered to the Client by a courier company or it can be delivered directly by the representatives of Hyllan Pharma, according to the Client’s choice;
  1. Delivery by courier service will be made to the address indicated by the Client in the Order. When receiving the parcel, the package integrity will be checked, whether the invoice was attached, as well as the warranty certificate, use instructions and certificate of conformity, if applicable. Any subsequent complaint in connection to some elements missing from the parcel received will be disregarded by Hyllan Pharma;
  1. Signing any delivery documents, such as but without limitation to the airway bill or invoice represents the Client’s consent on receiving the Products and their accompanying documents having the adequate quality and quantity;
  1. In the case of courier service deliveries, an additional delivery fee will be charged. Its value will be indicated to the Client prior to him confirming the order. The Client will confirm the acceptance of the delivery costs when he completes the order;  
  1. Orders will be delivered in 3-5 business days from the time of Order confirmation, according to the stock availability of the Products. Hyllan Pharma reserves the right to delay or annul the delivery of ordered products if they cannot be delivered due to reasons independent of the company Hyllan Pharma, which include but are not limited to actions of the government, force majeure events, wars, acts of terrorism, protests, riots, civil disturbances, fires, explosions, floods, epidemics, strikes, action or inaction of the Product producer;
  1. The Seller will make sure that the Products are adequately packed and will ensure that their accompanying documents are sent;
  1. Hyllan Pharma reserves the right to validate the Orders prior to sending them by contacting the Clients by phone as well;
  1. If the Client is not found at the address indicated, the courier will return again and then the order will be returned. The Client will bear the costs of a new trip, regardless of the value of the Products ordered;
  1. If the Products cannot be delivered due to the wrong / incomplete information given by the Client in connection to the address / addressee, the Product will be delivered to the new information indicated by the Client. He will bear the charges for the failed delivery and those for the subsequent one.

 

  1. Warranty / Validity
  1. The Products have a warranty / validity term expressly indicated on the warranty certificate / package of the Products ordered;
  1. If he finds a lack of conformity, the Client is entitled to request the Seller to bring the Product to conformity free of charge, by replacing it, except for the situation when that approach is impossible or disproportional or to benefit of adequately reducing the price or the agreement termination concerning the Product, in the next circumstances:
  1. unless he benefited of Product replacement;
  2. unless the Seller replaced the Products in 10 business days of the date of the Client’s written notice concerning the lack of conformity of the Products delivered.
  1. Any lack of conformity between the Product information on the website must be indicated in maximum 24 hours of receiving the Product to the email address profertilitate@profertilitate.ro . Any subsequent notice will be disregarded.
  1. The Client will be informed on the place to bring the non-conform Product, accompanied by the purchase invoice.
  1. The Client is bound to become aware of and observe the provisions included in the use instructions of the Products.
  1. Protecting the personal data
  1. Hyllan Pharma processes personal data with the aim to develop the Agreement and is bound to observe the provisions of Law no. 677/ 2001 for protecting the persons in connection to processing personal data and the free circulation of these data. Hyllan Pharma is registered as personal data operator with the National Authority for Monitoring the Personal Data Processing under no. 27832;
  1. The Client / User gives his express consent on giving the next personal information: surname and first name, phone / fax number, address (domicile / residence), email, series and number of the identity document / passport;
  1. By filling in the order form, the Client gives his express consent for processing his personal data according to the legislation in force, in connection to the company Hyllan Pharma unfolding its activity and developing the Agreement. The Client can also choose to receive commercial correspondence from Hyllan Pharma by selecting the next option in the order form “I wish to be informed on the offers and promotions”.
  1. The Client is entitled to obtain, upon his request and free of charge, as applicable, rectifying, updating, blocking or erasing the data whose processing is not conform to the law and is entitled to oppose at all times, due to well-grounded legitimate reasons connected to his particular situations, for the data referring to him to be subject to processing, except for the cases when there are legal provisions to the contrary. For exercising those rights, you can send a written request, bearing a date and your signature, to Bucharest, not Budapest, str. Turturelelor nr. 11A, etaj 2, Sector 3, or the email address profertilitate@profertilitate.ro .
  1. Returning the products and waiving the purchase
  1. The Client is entitled to notify Hyllan Pharma in writing that he waives the purchase, without any penalties and without calling for a particular reason, in 10 business days of receiving the Product;
  1. Given those circumstances, the Client is bound to notify in writing, by sending an email to profertilitate@profertilitate.ro or by using the waiving form indicated in annex 1 to this document, in connection to waiving the purchase in maximum 10 business days of receiving the Product;
  1. The Client will bear the Products return charges. In 10 business days of sending the written notice concerning the intention to return the Product as consequence of waiving the purchase, the Client must return the Product to Hyllan Pharma. On the contrary, the request will be deemed invalid.
  1. The Client will be able to request that the Product be changed in 10 business days of receiving the parcel, without penalties and without calling for any reason. If another product is requested, the Client will pay the price difference is the replacement Product is more expensive. If the Client chooses a cheaper product, the price difference will not be reimbursed;
  1. Hyllan Pharma will send the replacement Product only after the Client returned the initial product. The Product will be replaced according to the conditions and within the limits of a normal order and according to the Product availability;
  1. The equivalent value of the Product will be reimbursed in 30 days of returning it at the most. The money will be reimbursed or the Products will be replaced without any penalties and without calling for a reason in the next circumstances:
  1. the Product is returned in the same conditions as when it was delivered (original package, untouched labels, untouched seal, if applicable, the accompanying documents, without any traces of using the Product);
  2.  the Product must be returned sealed and packed;
  3. The Products must be returned only by a courier company or to the office of Hyllan Pharma.
  1. As such, the Client cannot return the Products he has purchased and / or cannot claim any interest in compensation / damages in the next circumstances:
  1. when the Client wants to replace the purchased Product by another product having other specifications or of a different type;
  2. the Product return request by waiving the purchase is submitted while surpassing the 10 business day-term of receiving the Product;
  3. the Product is not returned as when it was delivered (original package, untouched labels, untouched seal, if applicable, the accompanying documents, without any traces of using the Product);
  4. the Product desired to be returned is part of the products that cannot be returned or that can degrade or be lost rapidly, given its type.
  1. If the Product is replaced by an identical one, the replacement will be made according to the conditions and within the limits of a normal order.
  1. The Client is only entitled to choose once returning / replacing a Product according to the conditions of the Emergency Ordinance no. 34/ 2014 on the rights of consumers within the agreements concluded with professionals, as well as for altering and completing some legislative acts;
  1. In all cases of returning / replacing the Products as consequence of waiving the purchase, the return / replacement costs will be borne by the Client. Repeatedly waiving the purchase can be deemed abuse.

 

  1. Assigning and subcontracting
  1. The Seller can assign and / or subcontract to a third party the services connected to delivering the order, while informing the Client but without asking for his consent.  
  1. Transferring the property on the Products
  1. The legal ownership on the Products Orders and delivered to the Client will be conveyed only when the company Hyllan Pharma receives all amounts owed, according to these Terms and Conditions, directly or by its agents (the courier company or the partner banks).
  1. Intellectual property right
  1. The entire content of the Website, including but without limitation to the text, logos, style representations, buttons, trade symbols, static images, dynamic images, multimedia content, software and other data, generally named “Content”, as defined in the Preamble, is and remains the property of Hyllan Pharma or the suppliers and / producers of the products offered by the Website. Such right is protected by Law no. 8/1996 on the copyright and the joint rights, as subsequently amended and completed, Law no. 84/1998 on the geographical marks and indications, as subsequently amended and completed, and Law no. 129/1992 on the industrial models and drawings, republished.
  1. The User or the Client is not allowed to copy, distribute, publish, transfer to third parties, alter and / or  change in a different manner, use, connect to, expose, include any Content in any other context, include any Content outside the Website, remove the markings indicating the copyright of Hyllan Pharma on the content, as well as participate in transferring, selling, distributing some materials made by copying, altering or posting the Content, unless it has the written express consent of Hyllan Pharma.
  1. It is forbidden to use the Content for other purposes than those expressly allowed by this document, if they are indicated.
  1. In the case of identifying any action of those indicated, please contact us at the email address profertilitate@profertilitate.ro .
  1. Force majeure
  1. None of the parties will be liable for not executing its contractual obligations if such non-execution is due to a force majeure event, according to the legislation in force.  
  1. Liability
  1. For avoiding any unclear matter, Hyllan Pharma cannot be held liable for any indirect loss or damage (including but without limitation to profit, opportunity loss or image damages), any kind of damages, costs, expense or claims of any type for indirect compensations (caused in any manner), which the Client or the third party can incur as consequence of or in connection to Hyllan Pharma fulfilling any of its obligations according to the Order and for damage deriving from using the Products after delivering and particularly for losing them.
  1. Hyllan Pharma will not be held liable for any loss incurred by the Client if it was due to not observing the terms and conditions indicated on the Website.
  1. Hyllan Pharma is not liable for the damages created as consequence of the Website not working, as well as for those deriving from the impossibility to go on several links, which the Website indicates.
  1. Governing law – Jurisdiction
  1. The Romanian law governs the agreement. The possible litigations between the company and the Client will be solved in an amicable manner. If the amicable resolution fails, the litigations will be solved by the competent courts of law near the office of Hyllan Pharma.
  1. Fraud

ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF THE USERS OR TO ALTER THE CONTENT OF THE WEBSITE OR TO AFFECT THE PERFORMANCE OF THE SERVER ON WHICH THE WEBSITE RUNS WILL BE DEEMED A WEBSITE FRAUD ATTEMPT AND IT WILL LEAD TO BEGINNING THE PENAL INVESTIGATION AGAINST THE PERSON OR PERSONS THAT ATTEMPTED TO DO THAT.

 

ANNEX – Withdrawal form

This form must be filled in and retuned only if you want to withdraw from the agreement.

 

- To [indicate the name, post mail address and if applicable, the phone number, fax number and email address of the professional]:

- I am hereby informing you on my withdrawal from the agreement concerning the sale of the next products:

_________________________________________________________________

- ordered on _________________/ received on _________________

- Client’s name:

- Client’s address:

- Client’s signature (only if that form is submitted as hard copy)

- Date: _____________________________________________

 

 
 
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