Terms & Conditions

ONLINE STORE TERMS AND CONDITIONS

  1. General provisions

The website available at www.nio-cocktails.ro is owned by S.C. NIO PREMIUM BRANDS S.R.L., with registered office in Ilfov County, Oraș Voluntari, str. Alexandru Cel Bun no. 22-28 room 3, Romania, registered at the Bucharest Trade Registry with number J23/6581/2022, CIF RO 46898830.

The Information Note on the Processing of Personal Data, available here: https://niococktails.ro/ro/pages/privacy-policyThe Information Note is part of these Terms and Conditions, and describes in detail how we collect, use and process Users' information when they browse the Site, as well as their data rights personal.

In order to use the Site, users must be at least 18 years of age and agree to these Terms and Conditions.

By accessing and using the Site, the User acknowledges and, as the case may be, accepts these Terms and Conditions, as well as the other policies relevant to the Site.

If you do not agree with these Terms and Conditions or any part of these Terms and Conditions, please do not use the Site in any way.

  1. Definitions

Site www.niococktails.ro

The Company-S.C. NIO PREMIUM BRANDS S.R.L., with registered office in Ilfov County, Oraș Voluntari, str. Alexandru Cel Bun no. 22-28 room 3, Romania, registered at the Bucharest Trade Registry with number J23/6581/2022, CIF RO 46898830.

User(s) - Any user(s) who browses and/or reads and/or uses and/or creates an account on the Site and/or subscribes to the Newsletter.

Contract-The contract concluded between the User and the Company, according to these Terms and Conditions.

Associated Partners - The providers of website development and maintenance services declare that they are associated partners with the Company within the meaning of the provisions of the European Regulations and that the object of the contract or association is closely related to the fulfilment of the company's obligations towards users in terms of the delivery of services on the site. Associate Partners are responsible for complying with the obligations regarding the protection of personal data to which they have access or which they receive from the Company.

Personal data- Any information related to the User that allows identification directly or indirectly, including but not limited to name, surname, gender, date of birth, e-mail address, mobile phone number, etc. and which are provided by the User for the purpose of purchasing products and services, promotional campaigns or raffles, subscribing to the Newsletter, sending opinions and suggestions, publishing materials or for any other purposes.

Consent regarding the processing of personal data- It means any manifestation of the data subject's freely expressed, specific, informed and unambiguous will by which he accepts, through a statement or an unequivocal action, that the personal data concerning him be processed.

Responsible for the protection of personal data- The Company appoints a person responsible for informing and advising the operator, or the person authorized by the operator, as well as the employees who deal with the processing regarding their obligations under the law, as well as monitoring compliance with data protection laws and the operator's policies or of the person authorized by the operator in terms of the protection of personal data, cooperation with the supervisory authority, assuming the role of contact point for the supervisory authority regarding processing issues.

The contact person from the Company, respectively the Data Protection Officer, can be contacted at the address: info@niococktails.ro

Accessing the Site - Users can access the Site by going to www.niococktails.ro.

Concluding the contract - Accessing and using the Site constitutes the express and unequivocal consent of the User regarding the conclusion of the Contract which includes these Terms and Conditions. The contract between the Company and the User who wants to create an Account on the Site is concluded only if all the steps listed below are followed:

  1. The user accesses the website www.niococktails.ro
  2. The User carefully reads these Terms and Conditions, the Information Note on the Processing of Personal Data, available here: https://niococktails.ro/ro/pages/privacy-policy.By accepting these Terms and Conditions, the User understands that any subsequent or concurrent commitments in connection with these Terms and Conditions are superseded by these Terms and Conditions. These Terms and Conditions do not create rights for third parties. 

Duration and termination of the contract - The contract is considered concluded for an indefinite period.

Use of the site - Users do NOT have the right to:

  1. a) to access and use the Site for purposes and by means that constitute abusive use;
  2. b) use the Site in a manner or take any action that causes or may cause damage to the Site or impairment of the Site's performance, availability or accessibility;
  3. c) use the Site in any manner that is illegal, fraudulent or harmful or in connection with any illegal, fraudulent or harmful activity
  4. d) use the Site to copy, store, host, transmit, use, publish or distribute any materials that contain (or are in connection with) spyware, computer viruses, Trojan horses, worms or any other software of computer viruses;
  5. e) conduct any systematic or automated data collection activities (including but not limited to data mining and harvesting) with respect to or in relation to the Site, without the Company's prior written consent;
  6. f) to use the data collected from the Site for any direct or indirect commercialization (marketing) activities, including but not limited to e-mail marketing, SMS marketing, telemarketing and direct mailing;
  7. g) to use the data collected from the Site to contact individuals, legal entities or other persons and entities.
  8. The purposes for which this site may be used

You can use the services of this website to:

  1. a) to view Nio Premium Brands products;
  2. b) create your account;
  3. c) save your favorite products;
  4. d) sign up for newsletters (news bulletins);
  5. e) read information about Nio Premium Brands, products, prices, store, activities and events, causes supported by us;
  6. f) check the availability of products in stock for online orders;
  7. g) view presentations about products and about beauty, maintenance, makeup, etc.
  8. h) Information regarding the availability of Products, offers and promotional prices posted on www.niococktails.ro, applies only to online product sales through this website. If you want to place orders please read the Distance Selling Terms and Conditions.
  9. i) You can place orders with delivery to an address in Romania regardless of your citizenship, residence or place from where you place the order.

 

  1. Purchase of products, delivery and cancellation of orders

4.1 The value of the purchase represents the cost of the purchased products plus the shipping cost, the latter depending on the destination. All of these will be reflected separately in the shopping cart. The accepted payment method is payment by card through the payment screen at the end of the order, the accepted payment instruments being VISA, MasterCard, American Express, PayPal.

4.2 The shipping cost for orders up to the value of 200 lei equivalent is 15 lei. For orders over 200 lei, no shipping costs apply. Any promotions will be communicated on the home page.

4.3 Orders are delivered only by courier to the address indicated for delivery. It is the User's right to accept a delivery to be received by a person other than the User, provided that this person is present at the address provided and is over 18 years of age. If no one is present at the time of delivery or for any reason that is the responsibility of the User, the recovery of the order under delivery will be done by the latter on his own initiative and with the bearing of any additional costs.

4.4 Upon receiving the delivery, the User is obliged to check that the packaging is not damaged and, if the product is damaged or not in accordance with the order sent, not to accept the shipment, clearly noting on the delivery note the nature of the damage and/or error. The user is obliged to communicate the related problem to Nio Premium Brands by sending an e-mail to info@niococktails.ro. Nio Premium Brands will bear the shipping costs related to the return of defective or incorrectly shipped products.

4.5 To cancel an order, simply make an express request to customer service by emailing: info@niococktails.ro. Once your order has been confirmed, we cannot guarantee that you will be able to stop shipping. In this case, you must refuse to pick up the product at the time of delivery, stating the reasons on the relevant balloon. We will give you a refund equal to the purchase cost once the item is returned to our warehouse. In this case, shipping costs are not reimbursed and remain at the customer's expense. If you can block the shipment, you will see the order cancellation confirmation on the "Your Account" page in the "Your previous orders" section.

  1. RIGHT OF WITHDRAWAL

5.1 The consumer has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 (fourteen) days from the delivery of the product/product to the same consumer or to a third party designated by him under the condition of the completeness of the goods purchased. The substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal.

5.2 In the case of several goods ordered through a single order and delivered separately, the period for exercising the right of withdrawal runs from the day the consumer, or a third party designated by him, receives the last good related to the order.

  • The right of withdrawal is excluded in respect of personalized items.

5.4 To exercise the right of withdrawal, the Consumer must follow the following steps:

  1. a) Send a written communication to Nio Premium Brands using one of the following methods: (i) Email to info@niococktails.ro; (ii) registered letter with confirmation of receipt at the company headquarters The communication will contain an explicit statement of the decision to withdraw from the sales contract, indicating the identification number of the relevant order. In order to comply with the withdrawal deadline, it is sufficient for the communication to be sent before the expiration of the aforementioned 14 (fourteen) day period.
  2. Within 48 (forty-eight) hours of receiving the communication regarding the exercise of the right of withdrawal, Nio Premium Brands will communicate the instructions for returning the products. The costs inherent in shipping the product will be fully borne by the User/customer.
  3. Pack the product (possibly with the original packaging). Using the original packaging will prevent any damage during transport;
  4. Send the product within 14 (fourteen) days of receiving the delivery instructions;
  5. Nio Premium Brands will refund all sums paid by the Consumer, including the delivery costs of the original order, within 14 (fourteen) days from the date on which it received the communication regarding the intention to withdraw from the purchase, unless where the product was returned within these time limits. Alternatively, reimbursement will be made immediately as soon as Nio Premium Brands regains possession of the property and ensures its integrity.
  6. The refund will be made using the same means of payment used by the consumer for the initial transaction, unless the same consumer has agreed otherwise. In any case, the consumer bears no costs as a result of the refund.
  7. g) The withdrawal procedure mentioned above applies only to purchases made through the website www.niococktails.ro.
  8. Policy regarding the processing of personal data

The general legal framework that regulates the protection of personal data is represented by the General Regulation on the Protection of Personal Data no. 679/2016 (“GDPR”) applicable in the European Union.

The website www.niococktails.ro uses cookies. For more information about personal data collected through cookies, the User must consult the Cookies Policy available here: https://niococktails.ro/pages/cookie-policy

More information on the processing of how we process your personal data when you access and use the Site, including if you sign up for campaigns organized by the Company through the Site, including on how in which you can withdraw your consent, you can find in the Information Note on the Processing of Personal Data, available here: https://niococktails.ro/ro/pages/privacy-policy

  1. Intellectual property

The Company respects the intellectual property rights of others and requires Users to comply with any intellectual property rights owned by the Company or third parties.

The content and graphic elements of the Site, including but not limited to the entire textual content, technical sources of all present and future services and facilities, are owned by the Company and/or, as the case may be, the Company's Business Partners. They are protected by copyright, trademark rights and other laws and treaties.

Users have the obligation to respect all the intellectual property rights of the Company as well as of its Partners promoted on the Site, provided by the legislation in force. Users are prohibited from using any image, brand or sign belonging to the Company or third parties, unless they have obtained the prior written consent of the legal owners.

Users may view, download and print other pages of the Site for personal use only, subject to the restrictions set forth below or in any other clauses of these Terms and Conditions. Any use of the content for purposes other than personal purposes can only be carried out with the prior written consent of the Company and by indicating the source of the information.

In this regard, Users are prohibited from:

  • republish materials on the Site (including republishing on other sites);
  • sell, rent or sub-license the materials on the Site;
  • to present any materials on the Site to the public;
  • to reproduce, duplicate, copy or exploit the materials on the Site for commercial purposes;
  • redistribute materials on the Site, except for content specifically or expressly made available for redistribution.

Requests for using the Site's content for purposes other than personal can be addressed in writing to S.C. NIO PREMIUM BRANDS S.R.L., with headquarters in Ilfov County, Oraș Voluntari, str. Alexandru Cel Bun no. 22-28 room 3 or by e-mail info@niococktails.ro

These Terms and Conditions do not guarantee the Users any right, title or interest regarding the Site, the content owned by other people and published on the Site, the trademarks, signs or other intellectual property rights owned by the Company.

Considering the fact that the Company wants to improve the Users' experience on the Site, it encourages opinions and suggestions; however, the Company may use the comments or suggestions without any obligation to the Users.

Opinions and suggestions can be sent to the address S.C. NIO PREMIUM BRANDS S.R.L., with headquarters in Ilfov County, Oraș Voluntari, Alexandru Cel Bun str. 22-28 room 3, or by e-mail info@niococktails.ro

  1. Waiver and Assignment

Any situation in which the Company does not act immediately to realize a right of its will not be interpreted as a waiver of that right or its realization.

If any provision of these Terms and Conditions is found to be invalid or of no effect, the other provisions will not be affected by it, remaining in full force and effect, being interpreted to the fullest extent permitted by law.

In the above case, the invalid or ineffective provision will be replaced by another, legally acceptable, and which will produce legal effects as close as possible to the Company's intention. The above also applies to omissions.

Users may not assign any or all of their rights under these Terms and Conditions.

  1. Limitation of liability

The Company provides the Site AS IS, WITH ALL FAULTS, and AS AVAILABLE, without any express or implied warranty. WE ALSO DISCLAIM ANY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY FOR A PARTICULAR PURPOSE OR NEED. WE DO NOT WARRANT THAT THE RESULT THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, SECURE OR ACCURATE OR THAT IT WILL MEET USER'S REQUIREMENTS.

The Company does not guarantee that the Site will be constantly available or available.

If maintenance work is required and the Site is unavailable for maintenance reasons, the Company will inform Users at the time of accessing the Site.

The Company will not be liable for internet/network failures and, in particular, for failures due to which the Site cannot be accessed as a result of technical or other difficulties that are outside the Company's sphere of influence, e.g. force majeure, fault of third parties.

The Company is not responsible for inaccurate and/or untrue personal data provided by Users, especially for those provided by minors, with the aim of creating the appearance of the minimum age of 18 years, in order to make purchases or create an Account on the Site.

The User understands that the Company has no control and no obligation to act regarding:

  • the third-party content that is accessed by the User through the Site;
  • the effect of the content on the User accessed through the Site;
  • the User's interpretation or use of the Site's content;
  • the actions the User undertakes as a result of accessing the Site's content;
  • the content or accuracy, compliance with copyright, legality or decency of the materials/information found on the links that send to other sites, the privacy policy and the regulation of terms and conditions practiced by them. It is recommended to consult in advance the legal terms and other information related to the collection of personal information. The rules set forth in this text apply only to the information collected on this Site;
  • the damages created by the errors, inaccuracy or non-updating of the information published on the Site and coming from external sources;
  • damages created as a result of the Site not functioning as well as for those resulting from the impossibility of accessing certain links published on the Site.
  • The Company assumes no liability for any indirect, special, incidental damages resulting from the use of, or the inability to use, the Site.
  • The User understands that the Company is not responsible for any loss, costs, lawsuits, claims, expenses or other liabilities, if these are directly caused by non-compliance with these Terms and Conditions.
  • The User understands that if prices or other details related to products/promotions have been displayed incorrectly, the Company reserves the right to modify the information displayed on the Site, without being held liable.
  • The company does not guarantee optimal use of the Site except by using the Internet Explorer browser at least at version 9, Google Chrome, Mozilla Firefox, Safari.
  1. Applicable law in the competent court

These Terms and Conditions are governed by and construed in accordance with Romanian law.

An attempt will be made to resolve any dispute related to these Terms and Conditions amicably within 15 working days from the date of written notification of the problems by the User. If the parties do not reach an agreement regarding the dispute, it will be addressed to the competent Romanian court for resolution.

Consumers cannot waive their legal rights. Any contractual clauses that remove or limit the rights conferred by law on consumers will have no effect on them.

  1. Changes to Terms and Conditions

This Terms and Conditions regulation has been updated to updated on 01.03.2023.

The Company reserves the right to revise and update these Terms and Conditions at any time.

Thus, please check the relevant Terms and Conditions section when you access the site, because changes may have occurred since your last visit.

If you have any questions about the information contained in this page, please write to us at info@niococktails.ro

By continuing to use the Site after the entry into force of some changes/additions, the User agrees to comply with them.

IF THE USER DOES NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, INCLUDING ANY MODIFICATIONS/SUPPLEMENTS THEREOF, THEY SHOULD DISCONTINUE USING THE SITE.