The website www.cosmopharm.eu, hereinafter referred to as “cosmopharm.eu” or “the website”, is owned and managed by Cosmo Pharm S.R.L., hereinafter referred to as “Cosmo Pharm”, having the following identification data: Unique Registration Code RO 6058303, registration number with the Trade Register J40/15215/1994, Bucharest, Romania, Şoseaua de Centura, no. 24-26, Tunari Commune, Ilfov County, Tel./Fax: 021.323.00.46; email: info@cosmopharm.eu comenzi@cosmopharm.eu, mobile: +4037.237.22.00, toll-free: 0800.826.766.
The products sold on this website are not intended for resale!
The use of this site is equivalent to the Client reading, understanding and acceptance of the Terms and Conditions detailed below. We recommend reading them carefully both when accessing the site www.cosmopharm.eu for the first time, but also periodically. Cosmo Pharm® reserves the right to modify and update the content of this site at any time, without further prior notice. Clients/users expressly accept that the mere use or access of the services offered by www.cosmopharm.eu, signifies the full and unconditional acceptance of these conditions, together with any subsequent modifications.
Cosmo Pharm® guarantees the Client/User limited access, for personal interest (placing online orders, information), to the website www.cosmopharm.eu and does not grant the Client/User the right to download or modify, in part or in full, to reproduce, in part or in full, the content of the website, to copy, sell/resell or exploit the website in any other manner, for commercial purposes or contrary to the interests of Cosmo Pharm® without its prior written consent.
If Cosmo Pharm® does not act in relation to a breach of the Terms and Conditions, it does not mean that it waives its right to act in relation to future or similar breaches. If a court finds that any provision of these Terms is unenforceable or invalid, that provision will be applied to the fullest extent permitted by applicable law and the other Terms will remain in force and fully applicable.
The Client/User may not assign, delegate or transfer his rights or obligations contained in these Terms and Conditions.
In case of divergence or disagreement between www.cosmopharm.eu and the Client, the Terms and Conditions valid at the time of the Order shall apply.
The relationship between the parties is governed, mainly, by the following normative acts:
OG no. 21/1992 on consumer protection
OG no. 34/2014 on consumer rights within contracts concluded with professionals
Law no. 363/2007 on combating unfair practices of traders in relations with consumers and harmonizing regulations with European legislation on consumer protection
Law 365/2002 on electronic commerce.
1. DEFINITIONS
User – any person who visits the website www.cosmopharm.eu. Client – natural person / legal entity that places an Order.
Products and Services – any product or service mentioned in the Order, to be provided by Cosmo Pharm to the Client.
Order – an electronic document that acts as a form of communication between Cosmo Pharm and the Client through which the Client expresses his intention to purchase certain Products and/or Services and to make payment for them.
Cosmo Pharm (www.cosmopharm.eu) – the company Cosmo Pharm S.R.L., having the following identification data: Unique Registration Code RO 6085303, registration number with the Trade Register J40/15215/1994, registered office at Corneliu Coposu no. 5, Sector 3, Bucharest, Romania.
Contract – an Order confirmed by Cosmo Pharm, through which Cosmo Pharm agrees to sell and deliver the Products and/or Services, and the Client agrees to purchase, receive and make payment for these Products and Services.
Courier – any person under public or private law who provides express courier services.
2. INTELLECTUAL PROPERTY RIGHTS
The entire content of the website www.cosmopharm.eu, including but not limited to: images, texts, web graphics, scripts, software, design rights, model rights, patents, registered trademarks, is the sole property of Cosmo Pharm (or, as the case may be, of its suppliers) and is protected by the Law on Copyright and Related Rights and by the laws on intellectual and industrial property. The use without Cosmo Pharm’s consent of any of the elements listed above is punishable according to the legislation in force. Cosmo Pharm logos are registered trademarks of Cosmo Pharm. The use on www.cosmopharm.eu of any registered trademark names of third-party companies does not constitute advertising for the respective companies.
3. DISCLAIMER
Cosmo Pharm assumes no responsibility and cannot be held liable for any damages arising from the use of the content of www.cosmopharm.eu. Cosmo Pharm cannot guarantee
that the site, the servers on which it is hosted, or the e-mails sent from www.cosmopharm.eu are free of viruses or other potentially harmful computer components, that they do not contain errors, omissions, defects, delays or interruptions in operation or transmission, line failures or any other similar factors. The user uses the site at his own risk, www.cosmopharm.eu being free from any liability for any direct or indirect damages caused by the use or access/visit of the site or as a result of the use of the information on the site. Cosmo Pharm is not responsible for errors or omissions that may occur in the drafting or presentation of the materials on the site.
The information included on www.cosmopharm.eu is informative in nature (the product photos are for presentation purposes) and is made available in good faith, from sources that Cosmo Pharm considers reliable. If any of the published articles or any other information falls under the scope of the Law on Copyright and Related Rights, the User is requested to bring this fact to the attention of Cosmo Pharm at the e-mail address info@cosmopharm.eu, so that the necessary legal measures can be taken.
Cosmo Pharm reserves the right to cancel Orders for Products and/or Services that are displayed on the site as a result of technical errors, or which, due to technical errors, present obviously erroneous/derisory prices for the Products (prices that any buyer with an average level of training can appreciate as erroneous/derisory).
Any possible links to other sites are provided only for the purpose of increased accessibility of information, and www.cosmopharm.eu assumes no responsibility or liability for the content of those sites or for the products or services promoted or marketed through those sites.
www.cosmopharm.eu reserves the right to make changes and updates to these Terms and Conditions, as well as the offer, without prior notice and without specifying the reasons; also, www.cosmopharm.eu reserves the right to correct any omissions or errors in display that may occur as a result of typing errors, inaccuracies or errors in software products, without prior notice.
By default, www.cosmopharm.eu does not assume responsibility for any price or stock errors. These errors do not oblige www.cosmopharm.eu to take any action.
The prices and availability of products sold by www.cosmopharm.eu may undergo subsequent changes, this being influenced by external factors such as the pricing policy of the manufacturers or the availability of products in their stock.
Confirmation of the order and implicitly of the stock and the selling price, is made only after its processing by Cosmo Pharm agents. Please read the Terms and Conditions carefully each time you use this site.
4. LIMITATION OF ACCESS TO THE SITE
Users of the www.cosmopharm.eu site may make comments and any other communications, may transmit suggestions, questions or information, if their language is civilized, and the content of the communications is not illegal, obscene, threatening, defamatory, does not disturb in any way the privacy of other persons, does not violate intellectual property rights, does not contain viruses, does not serve promotional campaigns unrelated to www.cosmopharm.eu, is not mass e-mail or any other form of spam.
Persons who will use a false e-mail address or will send electronic messages or any other communications on behalf of another natural or legal person or on behalf of any other entity will be reported to the competent authorities. Cosmo Pharm assumes no responsibility and shall not be liable for any damages of any kind caused by such communications.
In the case of sending or displaying materials/documents involving texts, replies, reviews, etc., formulated by Users, it is considered that the respective User guarantees their originality and grants www.cosmopharm.eu and its affiliates/associates the non-exclusive, unlimited, free, irrevocable and retransmissible right to use, reproduce, modify, adapt, publish, translate, create derivative works, as well as the right to distribute, present these contents anywhere in the world, by any means. The User guarantees that he has all the rights to the content that he displays or transmits on the site, by any means, so that, by using this content, he does not cause damage to any third party, physical or legal entity.
5. PROCESSING OF PERSONAL DATA
Cosmo Pharm complies with Law no. 190/2018 on the processing of personal data. The categories of personal data processed may be: name and surname, gender, date and place of birth, citizenship, data from civil status documents
civil, telephone/fax, address (home/residence), e-mail, profession, place of work, professional training, geolocation data/traffic data. When a User creates an account on www.cosmopharm.eu, he will receive commercial communications from www.cosmopharm.eu only to the extent that he has expressly consented, by selecting the appropriate option.
The data collected regarding newsletters and alerts are confidential. www.cosmopharm.eu will be able to select the Users to whom it will send newsletters and alerts.
The completion of the forms on the site by Users is equivalent to the unconditional acceptance that these data will be included in the Cosmo Pharm database and with the use and processing by Cosmo Pharm, their affiliates and collaborators, for the activities listed above, including, but not limited to: providers of marketing services, courier, payment/banking services. Refusal to provide this data makes it impossible to honor the Orders.
If the Customer modifies the personal data already delivered to www.cosmopharm.eu by using the forms on the site and there are ongoing Orders, the Orders retain their data from the time the Order was placed and the delivery of the products will be made taking into account the data previously provided.
www.cosmopharm.eu does not request from its Users through any other means of communication (telephone/e-mail, social media, etc.) confidential information, bank account data, personal passwords, etc. If the User discloses them to third parties, he bears full responsibility for his actions. Thus, in cases of disclosure of such data, the User cannot hold www.cosmopharm.eu liable for any kind of damage.
For all details regarding the rights of data subjects regarding the protection of personal data processing, please consult the Personal Data Processing Security Policy, available in the dedicated section on our website.
6. REGISTRATION AS A USER
To create an account on the www.cosmopharm.eu website, the User is required to use a valid e-mail address. www.cosmopharm.eu may refuse the registration request in situations where it finds that information that is not in accordance with reality has been used.
7. PRICE
All prices are expressed in lei, include VAT and are final: (i) regarding food supplements – VAT at a rate of 9%; (ii) regarding cosmetic products – VAT at a rate of 19%.
The prices are those from the date of ordering the products, regardless of any subsequent price changes.
The final price paid by the Customer consists of the product price + shipping costs. Delivery prices are detailed on the website.
Shipping for orders over 150 lei is borne by www.cosmopharm.eu (the actual amount to be paid by the customer will be taken into account, regardless of any discounts existing in the order following promotions or the use of vouchers, promotional codes or other loyalty mechanisms). In the case of orders with a value of less than 150 lei, the shipping fee is calculated depending on the location, being paid by the Customer.
8. ORDER
To activate the service, the User must set the preferred Order details (where to be delivered, shipping method and payment method) in the User account, and these settings will be retained and used for each Order. These settings can be modified at any time, becoming operational starting with the next order placed.
By completing the Order, the Customer guarantees that all data provided is real and correct, otherwise he may bear the consequences of these errors (delayed order, incorrectly transmitted, etc.).
www.cosmopharm.eu cannot be held liable for information entered incorrectly, which may result in delivery delays. In this context, all transportation fees incurred for the re-shipment of the Order will be borne by the Customer.
By completing the Order, the Customer agrees that a Cosmo Pharm representative may contact him, by any available means agreed upon by the Parties (e-mail/telephone) for personal confirmation of the Order.
Cosmo Pharm may refuse an Order following a prior notification addressed to the Customer, without any obligations between the parties and without a party being able to claim damages, for the following situations:
• failure / invalidation of the online transaction;
• non-acceptance by the issuing bank of the Customer’s card / transaction;
• incomplete or incorrect Customer data;
• the Customer’s activity may cause damage to the website www.cosmopharm.eu /partners;
• consecutive failed deliveries;
other objective reasons (for example, but not limited to: the case where the Customer does not guarantee that the payment method is valid and that it is not obtained through a method fraudulent, there are suspicions regarding the payment method, etc.).
Even though it has taken all measures to ensure that the information presented on this site is accurate and correct, www.cosmopharm.eu cannot be held responsible for inaccuracies that may occur when the Client completes the forms on the site to complete the Order. Users are responsible for evaluating the accuracy, completeness and usefulness of the information provided within the forms available on this site.
9. BILLING – PAYMENTS
The price and payment method are specified in the Order. Cosmo Pharm will issue an invoice to the Client for the Products and Services delivered, the Client’s obligation being to provide all the information necessary for issuing the invoice in accordance with the legislation in force.
10.PAYMENT METHODS
Orders placed on the website www.cosmopharm.eu by customers who are residents of Romania and wish delivery in the same country will be processed exclusively through the online payment method, using a credit card (via online payment).
When placing orders through our Call-Center service, payment can be made in full in cash, at the time of delivery.
• Cash payment is made in lei, in full, upon delivery. In the case of packages delivered by courier, the courier will issue a receipt.
• Credit card – online payment – This payment method is completely secure. The bank and the payment processor (EuPlatesc.ro) are the only institutions that come into contact with your information, offering a total guarantee.
If the transaction is authorized, payment is made immediately, the purchased products will be delivered within a maximum of 5 business days from the moment of order confirmation. More information about payment by credit card can be obtained here.
Orders initiated by non-resident customers in Romania, but residing in the member states of the European Union, on the website www.cosmopharm.eu, will be finalized only after prior communication with one of our representatives and will be made through a specific payment link provided. For further details, please click here.
11. SHELF LIFE
The shelf life of the products is established according to the information specified on their labels and requires strict compliance with the storage and handling conditions.
Cosmo Pharm’s liability covers any product defects identified upon delivery or that occur during the shelf life, as long as the product is stored in appropriate conditions. This liability ceases when the intervention of third parties, such as courier companies, may affect the integrity of the product through improper handling or inadequate storage.
If the customer identifies a problem, they can submit a complaint using online, email or telephone methods, according to the details provided in the “Report a problem” section on this site. The customer has the option of requesting a refund of the product value to their bank account or in the form of a voucher. To be valid, the complaint must contain a precise description of the problem encountered and a copy of the invoice or any other proof of purchase.</> We will handle each complaint with maximum expeditiousness, and the customer will be notified of the results of our investigation. Detailed instructions for the return procedure will be communicated to the customer by email, immediately after receiving the complaint.</>
Details about non-compliant materials and our interventions:
It is possible for us to identify non-compliant materials independently of us, but we may also receive alerts about them from third parties or trusted sources, whose feedback is treated with priority.
When we are alerted to the presence of non-compliant materials, we act quickly:
a) we restrict its visibility, either by removing, blocking or archiving;
b) we cease or suspend the supply of the product, either totally or partially;
c) we suspend or cancel orders associated with the respective product.
We always act in compliance with the fundamental rights of users and freedom of expression and information, transparently justifying each time the reason for applying the restrictions.
12. RETURNS IN CASE OF HIDDEN DEFECTS ARE GRANTED IN THE FOLLOWING SITUATIONS:
• In the event that a product within its validity period presents non-conformities that make its administration/use unsafe or impossible, it will be replaced;
• If the defect presented cannot be removed due to its disproportionate nature, and the replacement of the product is not possible, the Customer will have the opportunity to receive the amount of money in a bank account in RON;
• In the case of other defects that cannot be removed, and which require the replacement of the product.
Depending on the nature of the situation, proof of purchase of the product is sufficient and necessary.
Exclusively, in the case of returns related to for non-conforming products, according to this article, the transport costs are borne by Cosmo Pharm.
In order to benefit from these, the Customer has the following obligations:
• the product must have been purchased from www.cosmopharm.eu and used only for the purpose for which it was designed;
• to strictly comply with the instructions for use/storage/handling and to use the product according to the instructions imposed by the manufacturer;
• to keep the fiscal document with which the product was purchased;
• to keep the original packaging and all accessories that came in it, and to deliver them together with the product.
Reasons for not accepting the return:
• damage to the packaging; excessive exposure to solar radiation, heat; lack or modification of information regarding the batch and expiration date of the product;
• damage caused as a result of failure to comply with the instructions for use/storage/handling.
All provisions of current legislation regarding the liability of www.cosmopharm.eu for hidden defects of the products sold remain applicable. The rights of customers are established by the legislation specific to the field, without extending to any damages caused by the use of the product.
13. DELIVERY
Products available in stock will be shipped via courier service.
Due to the very short period required to process orders, changes cannot be made to orders that have already been confirmed.
In the event that the products are unavailable (including when the price or certain specifications of the products change after the order is confirmed), Cosmo Pharm will notify the customer of this unavailability. The amounts paid online by the customer will be returned within 30 days.
The customer has the possibility, if he wishes, to accept the changes regarding the price or characteristics of the products, adjusting his initial order accordingly. In this case, Cosmo Pharm will proceed to deliver the products according to the new modified order.
13.1. DELIVERY CONDITIONS
At the request of Cosmo Pharm or the Courier, the Customer shall prove his/her identity, if necessary, through one or more documents issued by official authorities and shall communicate the Order number assigned by Cosmo Pharm.
In case the Customer is unable to receive the Order in person, the Order will be left at the specified address only to a person over 18 years of age and only if the Order number is communicated to the Courier.
No request for delivery of an Order will be honored if the Customer does not meet the above conditions.
In case of delivery of the Order (including to the Customer’s workplace), and in the event that the Courier cannot have access to the respective location, the Customer must ensure that he/she can receive this Order.
The delivery conditions are supplemented by the Terms and Conditions of the agreed courier company – Fan Courier, which are available on the website www.fancourier.ro
The delivery is considered to be fulfilled by Cosmo Pharm, at the time of handing over the Ordered products to the Customer.
13.2. RECEIPT OF THE PRODUCTS
The Customer undertakes to sign the delivery note (AWB) presented by the Courier upon delivery of the ordered products. The Customer will also check if the products are damaged or if there are any shortages. By signing the delivery note, the Customer acknowledges the receipt of the Ordered products in good condition and in full.
14. PROMOTIONAL CAMPAIGNS
14.1. PROMOTIONAL CODES / DISCOUNT COUPONS / VOUCHERS / LOYALTY POINTS
Promotional codes offered by www.cosmopharm.eu through any promotions are valid exclusively for the section mentioned in the code transmission e-mail, unless otherwise specified.
Promotional codes are valid exclusively for online orders, regardless of the payment and delivery method chosen.
Promotional codes can be used exclusively at the time of placing the Order, they cannot be used to reduce the value of the Order after it has been placed.
Only one promotional code can be used in an Order, the Order page does not allow the use of multiple codes for the same Order.
For the eligibility of a promotion, the value of shipping is not taken into account, unless otherwise specified.
If a promotional code was applied in an Order that could not be honored or was canceled for any reason, the Customer has the right to request the reactivation of the promotional code exclusively in writing, namely by an e-mail sent to info@cosmopharm.eu, containing the Order number, its status, the Customer’s name and the promotional code.
It is reactivated under the same conditions as those of the initial promotional code.
Attention! The promotions presented on www.cosmopharm.eu are not cumulative, the highest discount is applied. This l
ucru is valid for any form of discount (loyalty cards, promotional codes, gift vouchers, percentage discounts on the site, etc.) as a rule, except where otherwise stated in the promotion regulations.
Also, in the case of percentage vouchers, the holder of such a voucher cannot benefit from the cumulative discount conferred by applying the percentage voucher to the discount already existing within a promotion.
Shipping and handling fees apply to any product purchased, regardless of value unless otherwise stated in promotions, regulations, etc. A promotional code cannot be used to pay shipping fees unless the promotion regulations specify this.
Any order, regardless of the promotion, will have a minimum value. Cosmo Pharm cannot honor orders with a zero value.
Cosmo Pharm unilaterally establishes the regulations of the promotions and contests it organizes on www.cosmopharm.eu, these being published exclusively on the site.
Promotions are applied to Orders that fully comply with the rules displayed on the site, within the clearly stated validity period and within the limit of available stock. www.cosmopharm.eu does not guarantee the availability of products in stock for the entire promotional period and may withdraw the promotion without prior notice.
All provisions regarding fraud, mentioned on the website www.cosmopharm.eu are fully applicable with regard to fraud related to promotional codes and attempted fraud will be brought to the attention of the competent authorities.
14.2.1 INTERRUPTION OF THE PROMOTIONAL CAMPAIGN
The Organizer reserves the right to modify any of the conditions established in the regulations of the respective campaign, during the campaign, for good reasons, but not before announcing these modifications to the public.
14.2.2 CONDITIONS OF APPLICATION
Any promotion to which promotional codes are applied is limited to a single promotional code per natural person or legal entity (identified as client / user / user).
Each promotional code is limited to a single use and is valid for a limited period of time, as mentioned in the related terms and conditions, in the promotional code offering email and in the user account or as mentioned in each promotion/offer. Cosmo Pharm reserves the right to modify or cancel these promotional codes at any time, with prior notice to customers.
No promotional code can be applied to other promotions/offers except those strictly mentioned in the respective offer.
For full product returns, the promotional code cannot be applicable. In the case of a partial return, the promotional code remains valid only if the products kept in the order are eligible according to the promotion regulations, these having effects only as a discount applied to those products actually paid for.
The voucher applies only to products/categories expressly mentioned as eligible for the promotion. Promotional offers cannot be combined in the same order.
Only one promotional discount code can be used per order.
Any promotional code will be valid starting from the date of its application as a discount on the order already placed.
A promotional code cannot be applied to an order placed in the past.
14.2.3 CANCELLATION, REFUSAL, RETURN OF ORDER
In the event of returning purchased products to which a promotional code was also applied, the discount granted may be withheld from the value of the return.
In the event that an order to which a discount was applied by promotional code is canceled, rejected or returned in full, only the amount actually paid will be returned to the Customer.
14.3 CAMPAIGNS WITH GIFT PRODUCT
If an order with a gift product is rejected or returned in full, the Customer is obliged to return the gift product in its original, undamaged and sealed condition. The full return conditions can be found in the Return Policy.
15. FIDELIO CUSTOMER LOYALTY PROGRAM
15.1 ONLINE LOYALTY PROGRAM
Customers of www.cosmopharm.eu benefit from free registration in the Cosmo Pharm loyalty program. The loyalty program offers the Customer the opportunity to benefit from loyalty points depending on the cumulative value of purchases starting from the moment of its inclusion in the loyalty program. The Customer’s inclusion in the loyalty program can be done when creating a user account on www.cosmopharm.eu or later through the menu associated with the customer account. The benefits of registering in the loyalty program are valid from the moment of the Customer’s inclusion in the online loyalty program.
15.2 LOYALTY PROGRAM BENEFITS
The benefits of the FIDELIO loyalty program are available within the Loyalty Program Regulations
Cosmo Pharm available on the website www.cosmopharm.eu.
16. RETURN POLICY
GENERAL CONDITIONS
www.cosmopharm.eu offers the possibility of return for customers who notify their intention within a maximum of 14 calendar days from receipt of the package or at any time, during the product’s validity period, if non-conformities of the product are found that make its administration/use unsafe or impossible.
The costs of returning the product will be fully borne by the Customer, with the exception of returns caused by non-conformities/hidden defects of the product.
Return in case of hidden defects.
The products can be returned through any courier company that ensures delivery of the return package to the Cosmo Pharm warehouse. The address to which the return packages are sent is: Cosmo Pharm SRL, Soseaua de Centura, no. 24- 26, Com. Tunari, Jud. Ilfov.
In case of withdrawal from the contract, the Customer is obliged to return the purchased products within a maximum of 30 days from the date of withdrawal from the contract. In order to comply with the withdrawal deadline, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period (30 days from the date of receipt of the Products).
16.1 METHODS AND DEADLINES FOR RETURNING THE PRODUCTS
The Customer undertakes to notify www.cosmopharm.eu of his intention to return the purchased products by e-mail to the address: comenzi@cosmopharm.eu or info@cosmopharm.eu , respectively, or to make the return without notification, within a maximum of 30 calendar days from receipt of the products.
Otherwise, Cosmo Pharm may refuse the package.
For notification by e-mail, the Customer will complete and send to Cosmo Pharm the “Product Return Form” or will make any other unequivocal statement expressing his decision to withdraw from the contract.
To: Cosmo Pharm SRL, Corneliu Coposu Blvd. no. 5, Sector 3, Bucharest,
Tel: +40 21 320 44 33,
Email: comenzi@cosmopharm.eu
I hereby inform you of my withdrawal from the contract for the sale of the following products:
The products were ordered on:
Order number:
Buyer’s name:
Buyer’s address:
Consumer’s signature (only if this form is notified on paper):
Date:
Reason details for return:
16.2 CONDITIONS FOR RETURNING PRODUCTS
In any case of returning the products, they must be in the same condition in which they were received by the Customer, in the original packaging, with the labels intact, sealed and together with all the documents that accompanied them (invoice, tax receipt, etc.).
The returned Products must be in the same condition as upon receipt: without defects (except for hidden defects and excluding defects already reported by the Client in correspondence with Cosmo Pharm).
Following the analysis of the returned Products, as well as compliance with the return conditions, Cosmo Pharm may accept/reject the return. In case of refusal, Cosmo Pharm will communicate the reasons for this to the Client.
At the same time, the shipment to the Client of the products not accepted as a return will be made exclusively at the expense and at the initiative of the Client.
If, within a maximum of 60 days from the date of communication of the refusal to take over the return, the Client does not take any steps to collect the Product, Cosmo Pharm will proceed to destroy it, being able to provide the Client with documents proving this.
According to art. 16 letters d) and e) of the Emergency Ordinance no. 34/2014 Cosmo Pharm reserves the right not to accept the return of products that are susceptible to deterioration or expire quickly or that cannot be returned for health protection or hygiene reasons and that have been unsealed by the consumer (The product can only be returned if it is in perfect condition, including the packaging, meaning that it does not show any signs of wear or consumption, it is unopened, respectively sealed edge).
In the event that an order with a gift product is returned in full, the customer is obliged to return the gift product in its original, undamaged and sealed condition. Products that constitute a set must be returned as a set.
Since the products sold by Cosmo Pharm are obtained from natural raw materials, returns will not be accepted on grounds of differences/discrepancies in color/taste/smell/texture between the same type of product coming from different batches/similar batches, these do not represent a lack of conformity/hidden defect.
16.3 RETURN DEADLINES FOR PAID AMOUNTS
In the event of complete returns of orders, the customer will be reimbursed for the value of the returned products and for the initial cost of shipping (if applicable) within 30 calendar days of acceptance of the return by Cosmo Pharm.
In the case of partial returns of orders, if the products remaining in the order no longer meet the conditions of the offer or promotion for free shipping, i.e. their cumulative value no longer exceeds 150 lei, the customer will be reimbursed for the value of the returned products, deducting the shipping cost for the retained products. These retained products are considered a new order, which does not qualify for free shipping.
17. METHODS OF ADDRESSING THE COMPLAINT
The complaint represents the possibility offered to the Customer to, in accordance with existing legal norms, submit a request to resolve situations considered by him as deviations from the legal or contractual conditions for the provision of products and services, to which a response or resolution is expected.
Customers who benefit from Cosmo Pharm services can address complaints in Romanian as follows:
through the “Report a problem” form by mail, to Cosmo Pharm SRL, Soseaua de Centura, no. 24-26, Com. Tunari, Jud. Ilfov;
by e-mail to the address comenzi@cosmopharm.eu/ info@cosmopharm.eu
Complaints will be received and processed from Monday to Friday, between 08:00 and 16:00.
The complaint can be addressed exclusively in writing. In the case of sending by mail, this will be done only with Confirmation of Receipt.
The complaint must be addressed/submitted by the Customer within a maximum of 30 calendar days from the date of purchase of the complained/disputed product. It will be resolved within a maximum of 30 days from the date of receipt of the complaint.
In the event that the complaint has not been resolved in this term, Cosmo Pharm will send a written information regarding the reasons why it was not resolved, within a maximum of 5 days from the date of expiry of the resolution term.
The notification shall contain at least the following elements:
- full name of the person filing the complaint (name, in the case of a legal entity)
- his/her capacity (only if the person signing the complaint is an authorized representative of another person or a representative of a commercial company)
identification data (address, CNP, series and number of identity document, in the case of a natural person/registered office, Unique Registration Code, serial number at the Trade Register Office, in the case of a legal entity) - full description of the defect(s) complained about, as well as the invoice number and date of purchase of the products/services
correct and complete address to which Cosmo Pharm’s response will be sent
date of filing the complaint - signature of the person filing the complaint (and stamp, in the case of legal entities).
Cosmo Pharm may be unable to resolve the complaint if any of the above elements are missing.
Any complaint/notification sent within the deadline and which will include all the elements listed above will be resolved within 30 days from the date of its receipt.
Cosmo Pharm cannot guarantee the favorable resolution of the complaint/notification.
In the event that the client does not consider the solution offered by Cosmo Pharm as appropriate, he/she may address the National Authority for Consumer Protection, and in the event that the measures thus ordered are not satisfactory, the competent court.</> <h3>18. FORCE MAJEURE
None of the contractual parties can be held liable for the non-execution (total/partial) or delayed execution of its obligations, if these were caused by force majeure. The parties will immediately inform each other of the case of force majeure and will take all necessary measures to limit the consequences of the event. If within 15 days the force majeure event does not cease, the parties have the right to unilaterally terminate the contract without being able to claim compensation for damages.
Force majeure will be proven according to the law.
19. DISPUTE RESOLUTION. APPLICABLE LAW
The contract will be governed and interpreted in accordance with Romanian law
. Any conflict arising between Cosmo Pharm and the Client will be resolved amicably.
If this is not possible, the first avenue of resolution is mediation, in accordance with the law, and if this fails, the competent courts will be consulted.
What are the conditions under which the ADR procedure can be accessed?
The dispute could not be resolved directly with the trader;
The complaint has not been previously analyzed by another ADR entity or by a court, nor submitted to another public authority;
The complaint is filed within 1 year from the date on which it was presented to the trader or from the date of the act that gave rise to the dispute;
The handling of the dispute does not seriously affect the efficient functioning of the ADR entity;
The dispute is not promoted in bad faith and is not offensive;
The dispute is within the competence of the notified ADR entity.
20. FRAUD
Creating multiple accounts using automatically generated addresses that expire after a predefined period, in order to benefit from promotions or offers, or any type of behavior that may affect the smooth running of promotions/offers/competitions, are prohibited and will be considered attempted fraud.
The owner of the www.cosmopharm.eu website reserves the right to suspend accounts thus created and to withdraw the benefits related to ongoing promotions/offers/competitions, to cancel the account without notice, notification, other formalities or compensation.
Any attempted fraud or any fraud (such as but not limited to: accessing www.cosmopharm.eu customer data, altering the content of the website, attempting to affect the performance of Cosmo Pharm servers, diverting the content of deliveries to third parties, etc.) will be punished according to criminal law.
21. FINAL PROVISIONS
If any of the above clauses becomes null or invalid, this fact will not affect the validity of all other clauses.
22. IDENTIFICATION DATA
Cosmo Pharm SRL, Trade Register registration number J40/15215/1994
C.U.I: RO 6085303