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TERMS AND CONDITIONS


Terms and conditions

     

    This document, through its content, makes available to third parties the Regulation on the terms and conditions of use of the site www.profecund.ro (hereinafter referred to as ” Site ”) and the conditions of marketing the Products.

    The site is operated by Societatea HYLLAN PHARMA SRL (“ Societatea ”), a Romanian legal entity, having its registered office in Bucharest, str. Turturelelor no. 11A, floor 2, Sector 3, registered at the Bucharest Trade Register under no. J40 / 4681/2007, Unique Identification Code 21293833.

    Use of the Site (including access to, navigation and purchase of products on this site) constitutes an implied agreement to comply with the terms and conditions set forth in this document with all effects and consequences arising therefrom.

    The company reserves the right to change the content of this document at any time, without prior notice to those who use it, hereinafter referred to as “ Users ”.

    Users will have permanent access to the terms and conditions of use of the Site in order to consult them at any time. Users have the obligation to constantly access and verify the content of this document, the applicable version of this document being the one published on the Site on the date on which the User reports.

    I. DEFINITIONS

    1.1. COMPANY : The company HYLLAN PHARMA SRL, Romanian legal entity, having its registered office in Bucharest, str. Turturelelor no. 11A, floor 2, Sector 3, registered at the Bucharest Trade Register under no. J40 / 4681/2007, Unique Identification Code 21293833;

    1.2. SELLER : HYLLAN PHARMA SRL;

    1.3. USER : the natural or legal person who has or obtains access to the Content of the Site, by accessing from any electronic device that allows this (desktop, laptop, tablet, mobile phone, etc.);

    1.4. CUSTOMER: The natural or legal person who places an Order. The simple access to the Site, without placing an Order, does not represent a Contract and does not give rise to the legal effects of a Contract. The Client can also have the quality of User, the reciprocal not being valid.

    1.5. SITE : the domain www.profecund.ro belonging to the Company, through which the User has access to information on the Products offered by the Company and can purchase the Products put up for sale by the Company;

    1.6. ORDER / ORDER FORM : is an electronic document, generated as a result of accessing the Site by a Customer, through which the Customer submits to the Seller its intention to purchase Products from the Site. Viewing / Reserving a Product by accessing the Site is not an Order;

    1.7. CONTRACT: reprezinta contractul la distanta privind Produsele, incheiat intre Vanzator si Client, in cadrul unui sistem de vanzare la distanta organizat de Vanzator, fara prezenta fizica simultana a Vanzatorului si Clientului pana la momentul in care este incheiat Contractul si inclusiv acel moment, cu respectarea prevederilor Directivei UE 83/2011 privind drepturile consumatorului;

    1.8. CONTENT : (a) all information on the Site that can be visited, viewed or otherwise accessed using electronic equipment (PC, laptop , tablet, mobile phone, etc.); (b) the content of any e-mail sent to Users or Customers by an employee or collaborator by electronic means and / or any other available means of communication; (c) any information communicated to the User or Customer by any means by an employee or collaborator of the Company, in accordance with the contact information provided by the User or Customer; (d) information related to the Products, and / or the tariffs / prices charged by the Company during a certain period; (e) information related to the Products and / or tariffs charged by a third party with which the Company has concluded partnership contracts, during a certain period; (f) data relating to the Company or other privileged data of the Company;

    1.9. PRODUCT : any product, including the documents mentioned in the Order, to be provided to the Customer by the Seller following the conclusion of the Contract;

    1.10. CAMPAIGN : the action of displaying for commercial purposes a finite number of Products with a limited and predefined stock, for a limited period of time established by the Company;

    1.11. NEWSLETTER : the means of periodic, exclusively electronic information (e-mail, SMS) on the Products and / or promotions carried out by the Company during a certain period, without any commitment on the part of the Company with reference to the information contained of it. Waiver of receipt of Newsletters does not imply waiver of acceptance of these Terms and Conditions;

    1.12. REVIEW : a written evaluation by the User and / or the beneficiary of a Product, evaluation based on personal experience and his ability to make qualitative comments and to say whether or not the Product meets the specifications mentioned by the Seller . In order to write a Review, the User / Client understands and agrees to complete the Review form with the requested contact details, these being necessary to contact the User in order to obtain the agreement for the publication of the Review on the Site. The Company has the right to select for which Reviews it will contact Users;

    1.13. ABUSE : represents the use of the Site in a manner contrary to the practice in the field, the regulations and legislation in force or any other way that may cause harm to the Company and / or its employees and / or other Users /Customers. The abusive use attracts the civil, contraventional or criminal liability of the person / persons responsible.

     

    II. PLACING THE ORDER AND CONCLUDING THE CONTRACT

    2.1. By placing the Order, it is considered that the User / Customer has acknowledged and agrees with the provisions of these Terms and Conditions and the Privacy Policy. The execution of the Order represents the express and unequivocal consent of the Client regarding the conclusion of the Contract between the Company and him;

    2.2. The contract between the Client and the Company is concluded only under the following conditions:

    • The client accesses the web address www.profecund.ro representing the Site;
    • The Client acknowledges the provisions of the documents Terms and Conditions, Privacy Policy and declares, by checking the corresponding fields, that he agrees with the provisions of the mentioned documents;
    • The customer places the order of the Products and fills in the delivery and contact details requested by the Order Form. In case of modification of the Client's data, before finalizing the conclusion of the Contract, the respective payment / delivery of the Product, the Client is obliged to notify this to the Seller at the e-mail address: contact @ profecund .ro .

    2.3. The contract is considered concluded at the moment when the Customer places the Order, by pressing the SEND ORDER button;

    2.4. If one or more of the data of the Order is incorrect, the Customer will immediately inform the Company about it by email contact@profecund.ro . By completing the Order, the Customer agrees that all data provided by him, necessary for the acquisition process, are correct, complete and true at the date of placing the Order;

    2.5. If the ordered Products are available and delivery can be made, the Company will accept the Order and will inform the Customer about the confirmation of the Order by e-mail, provided that all the details of the Order are correct. The Confirmation Call message will specify the delivery details, including the approximate delivery time specified by the Company. The customer will be informed by e-mail / SMS / telephone, if delivery is not possible;

    2.6. The Seller may cancel the Order placed by the Customer, following a prior notification to the Customer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other party in the following cases:

    • non-acceptance by the issuing bank of the Client's card, of the transaction, in case of online payment;
    • the data provided by the Client, on the Site, are incomplete and / or incorrect;

     

    III. PAYMENT AND PAYMENT METHODS

    3.1. The price, payment method and payment term are specified in each Order. The Seller will issue to the Customer an invoice for the delivered Products, the Customer's obligation being to provide all the information necessary to issue the invoice according to the legislation in force;

    3.2. Payment for ordered products and delivery can be made in the following ways:

    • In cash, at the time of delivery of the Products, by handing over the amount of money to the person delivering the Products (Refund);
    • By bank card, when placing the Order, through the MobilPay platform or through Paypal;

    3.3. The Seller reserves the right to request payment of the Products in advance in certain cases, based on the proforma invoice issued. Advance payment can be made by payment order or cash deposit in the account RO44 BACX 0000 0001 0960 2250. Proof of payment must be sent to the Seller at the e-mail address: contact @ profecund.ro . The delivery of the Products will be made only after the crediting of the Company's account with the payment amount, in case the advance payment has been established.

     

    IV. DELIVERY

    4.1. The product will be delivered to the Customer through a courier company or can be delivered directly by the Seller's representatives, depending on the area where the delivery address is located, the availability of the delivery service of the courier company or the Customer's option. The customer will be informed about the available delivery method and, if possible, will be allowed to choose the delivery method of the Products;

    4.2. Delivery by courier will be made to the address indicated by the Customer in the Order. The customer understands and agrees that he has the obligation, upon receipt of the package, to verify the integrity of the packaging, the existence of the fiscal invoice, the warranty certificate, the instructions for use and the certificate of conformity, if applicable. Any subsequent complaint regarding the lack of items in the package received will not be accepted by the Company;

    4.3. Signing any delivery document such as, but not limited to, shipping note, tax invoice, etc. represents the Client's acceptance regarding the good quantitative and apparent qualitative reception of the Products and of the accompanying documents;

    4.4. In case of deliveries by courier, an additional delivery fee will be charged, the value of which will be communicated to the Customer, before the order is confirmed by him. Confirmation of acceptance of delivery costs is made by the Customer upon completion of the Order;

    4.5. Orders will be delivered within 3-5 working days from the moment of order confirmation, depending on the stock availability of the Products. The Company reserves the right to delay or cancel deliveries of the ordered Products if they cannot be honored for reasons independent of the Company, which include, but are not limited to: government actions, cases of force majeure, wars, acts of terrorism, protests, riots, civil unrest, fires, explosions, floods, epidemics, pandemics, strikes, the action or inaction of the manufacturer of the Products. If the communicated delivery time cannot be observed, for reasons beyond the control of the Company's representatives, the Customer will be informed accordingly at the contact details provided to the Company;

    4.6. The Seller ensures the proper packaging of the Products and the transmission of the accompanying documents;

    4.7. The Seller reserves the right to validate the Orders before their fulfillment and by contacting the Customers by telephone / electronic;

    4.8. If the Customer is not found at the mentioned address, the courier will return once more, after which the Order will be returned, the Customer will bear the costs of a new shipment, regardless of the value of the ordered Products;

    4.9. If the delivery of the Products is not possible due to the wrong / incomplete information communicated by the Customer regarding the address / destination, the Product will be delivered to the new data communicated by the Customer, the latter bearing both the fees for unsuccessful delivery and fees for subsequent delivery;

     

    V. WARRANTY / VALIDITY

    5.1. The warranty / validity term of the Products is expressly mentioned on the packaging related to the ordered Products;

    5.2. In case of non-compliance, the Customer has the right to request the Seller to bring the Product to conformity, without additional costs, by replacement, unless the measure is impossible or disproportionate, or to benefit from the appropriate price reduction or contract termination. regarding the Product and the return of the Price, under the following conditions:

    • if you do not benefit from the replacement of the Product either;
    • if the Seller has not taken the replacement measure within 10 working days from the date of the written notification of the Customer regarding the non-conformity of the delivered Products;

    5.3. Any non-compliance between the information regarding the Product existing on the site and the information received together with the Product must be reported within maximum 24 hours from the receipt of the Product on the e-mail address contact@profecund.ro . Any subsequent notification will not be considered;

    5.4. The Customer will be informed through the contact details provided to the Seller on the manner of returning the non-compliant Product, accompanied by the purchase tax invoice;

    5.5. Customer

    VI. PROTECTIA DATELOR CU CARACTER PERSONAL

    6.1. Any processing of personal data of the User / Client is done in accordance with the legal provisions in force, in the manner and through the means provided in the Privacy Policy.

     

    VII. RETURN OF PRODUCTS AND WAIVER OF PURCHASE

    7.1. The Customer has the right to notify the Seller in writing that he renounces the purchase, without penalty and without invoking a reason, until, at the latest, at the time he receives the Product, including, in the original packaging, with the label intact and the seal intact;

    7.2. In these conditions, the Client has the obligation to notify in writing, at the e-mail address contact@profecund.ro , by telephone at the contact number + 40-21-425.5566, through the withdrawal form available at the end of this document, regarding the waiver of purchase. The customer may cancel the purchase even at the time of delivery of the Product, by refusing to accept it;

    7.3. Considering that the Product falls into the category of food supplements that must be stored in temperature conditions and that no adequate guarantee can be offered from the Customer regarding compliance with the storage conditions of the Product, the Customer understands that the Product has the nature of a good that is susceptible of rapid deterioration, in accordance with the provisions of art. 16 of the EU Directive 2011/83 and of art. 16 of GEO 34/2014 on consumer rights, and agrees that the Product is exempted from the right of withdrawal provided in art. 9-15 of the EU Directive 2011/83 and of art. 9-15 of GEO 34/2014;

    7.4. The Customer bears only the direct costs related to the transport and return of the Product, unless the Seller agrees to bear those costs or the Seller has not informed the Customer that these costs must be borne by the Customer. The Customer understands and agrees that, in case of exercising the right of withdrawal, he bears the costs of transport and return of the Product;

    7.5. The customer will be able to request the change of the Product, until the moment when he is notified about the initiation of the delivery procedure, without penalties and without invoking a reason, in writing, at the e-mail address contact@profecund.ro . In case of requesting another Product, the price difference will be paid, if the price of the replacement Product is higher. If the Customer opts for a cheaper product, the price difference will not be refunded;

    7.6. The Seller will accept the request to change the Product only if it has not delivered the Product originally ordered to the person making the delivery and only if the new Product is in stock;

    7.7. The refund of the value of the Product will be made within 30 days from the return, by bank transfer, in the bank account indicated by the Client in the request for the return of the Products;

    7.8. As such, the Customer may not return the Products purchased and / or may not claim any damages in the following situations:

    • When the Customer wishes to replace the purchased Product with another Product with other specifications or of a different type, exceeding the term mentioned above in which the exchange is allowed;
    • When the Customer received the Order and signed the delivery documents, mentioned in art. 4.3 .;
    • The request to return the Product by giving up the purchase is made by exceeding the term mentioned in art. 7.1 .;
    • The product to be returned belongs to the category of products that are exempt from return, in accordance with art. 16 of the EU Directive 2011/83 and art. 16 of GEO 34/2014 on consumer rights;

    7.9. In case of replacement of the Product with an identical one, for justified reasons (such as: non-conformity of the Product on delivery, damage to the packaging, lack of seal), the replacement will be made under the conditions and limits of a normal order;

    7.10. The customer has the right to opt only once for the return / replacement of a product under the conditions of EU Directive 2011/83 and GEO 34/2014;

    7.13. In all cases of return / replacement of the Products as a result of giving up the purchase, the return / replacement costs are borne by the Customer. Repeated purchase may be considered an abuse and may be sanctioned by blocking the Customer's access to Orders and refusing to sell other Products;

     

    VIII. ASSIGNMENT AND SUBCONTRACTING

    8.1. The Seller may assign to and / or subcontract a third party for services related to the fulfillment of the Order, with the information of the Customer, but without the consent of the latter;

     

    IX. TRANSFER OF OWNERSHIP PRODUCTS

    9.1. The legal title to the Products Ordered and delivered to the Customer will not be transferred before the Seller receives all amounts due, based on these Terms and Conditions, directly or through his agents (Courier company or partner banking units);

     

    X. INTELLECTUAL PROPERTY RIGHTS

    10.1. The entire content of the Site including but not limited to text, logos, stylized representations, buttons, commercial symbols, still images, dynamic images, multimedia content, software and other data, called generic „ Content ”, as is defined in the preamble, are and remain the Company or the suppliers and / or producers of the Products offered through the Site, and are protected by Law no. 8/1996 on copyright and related rights, with subsequent amendments and completions, Law no. 84/1998 regarding the geographical marks and indications, with the subsequent modifications and completions and Law no. 129/1992 on industrial models and designs, republished, as well as by the Berne Convention and the EU Directive 2019/790 on copyright and related rights on the digital single market, as well as by any other national and European provision that ensures the protection of rights intellectual property and copyright;

    10.2. The User or the Client is not allowed to copy, distribute, publish, transfer to himself or third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any other context, include any Content outside the Site , the removal of the signs that signify the copyright of the Company and its partners on the content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of the Company;

    10.3. Any use of the Content for purposes other than those expressly permitted by this document is prohibited. The Customer understands and agrees that any use of the Content for purposes other than those permitted by this document is a violation of applicable law and entails the civil, misdemeanor and / or criminal liability of the Customer;

    10.4. In case of identifying any of the actions mentioned above, the Client will be able to contact the Company at the e-mail address: contact@profecund.ro ;

     

    XI. FORCE MAJEURE AND FORCED CASE

    11.1. Neither Party shall be held liable for partial or total failure or delay in fulfilling its obligations, when the failure or delay was caused by a case of force majeure or fortuitous event, if they meet the conditions provided by art. 1351 of the Civil Code;

    11.2. The Party invoking force majeure or fortuitous event is obliged to inform the other Party in writing within a maximum of 5 (five) days from the date of commencement of force majeure or fortuitous event and is obliged to take the necessary measures to limit its effects only if these measures are not too expensive;

    11.3. In case of misunderstanding, the force majeure event must be certified by the Chamber of Commerce and Industry or by any other neutral institution, which may issue such a document. The proof of the fortuitous case will be made by the party unable to fulfill its obligations, by any means of proof;

    11.4. The Party invoking force majeure or fortuitous event shall also notify the other Party of the termination of the case of force majeure or fortuitous event within five (5) days of termination;

    11.5. If force majeure or fortuitous event lasts more than 30 calendar days, either Party may terminate the Contract, by written notification to the other party, without the intervention of the court and without any obligation to pay compensation in this case; >

     

    XII. STATEMENTS AND LIMITATIONS

    12.1. The company declares that it has all the necessary authorizations, approvals, qualifications and experience in order to sell and deliver the Products;

    12.2. By placing the Order, the Customer expresses his choice and confidence regarding the Company and the Products put up for sale by it;

    12.3. Under no circumstances may the Site be used for purposes other than those mentioned in this document. The User / Client understands and agrees that he will not intervene in any way on the Site for making unauthorized modifications / changes. Any such intervention represents a violation of the civil and criminal provisions in force, and the User / Client is fully responsible for the damages caused;

    12.4. The Company will constantly and correctly update, on the Site, the data regarding the Products, as well as the other relevant information;

    12.5. The User / Customer understands that the Company has no obligation to verify, act and is not responsible for:

    • the correctness or veracity of the data declared by the User / Client who accesses the Site and / or purchases Products;
    • the content that is accessed by the User / Client through the Site;
    • the effect of the Products on the Customer or on another person using the Products;
    • the interpretation or use by the User / Client of the content of the Site and / or the Products;
    • the actions taken by the User / Client as a result of accessing the content on the Site or as a result of using / consuming the Products;
    • the content or accuracy, compliance with copyright, legality or decency of the materials / information found on the links to other sites on the Site.

    12.6. The site is made available to Users / Customers „ as such ”, „ with all vices ” and "quo; as they are available ”. The company does not expressly or implicitly guarantee the Site or the Products. The offered products do not benefit and do not give the right to any guarantee, including any guarantees of commercialization, satisfactory quality, precision for a special purpose or need. The company does not guarantee that the result that can be obtained from the use / consumption of the Products will meet the requirements of the Customer or of any person who uses them;

    12.7. The User / Customer understands that the sale of the Products and their delivery may be modified / terminated and understands that the Company is not responsible for this;

    12.8. The company does not assume responsibility for interruptions to the operation of the Site in order to make improvements, maintain an optimal state of operation, lack of Internet operation or other situations in which the Site cannot be accessed due to technical errors that are not under control. Society;

    12.9. The Company assumes no responsibility for any indirect, special, incidental damages resulting from the use, or inability to use the Site;

    12.10. In order to avoid any ambiguity, the Company cannot be held liable for any indirect loss or damage (including but not limited to loss of profit, opportunity or image damage), damages of any kind, costs, expenses or claims for any indirect compensation ( caused in any way) that the Customer or any third party may suffer as a result of or in connection with the Company's fulfillment of any of its obligations under the Order and for damages resulting from the use of the Products after delivery and in particular for their loss;

    12.11. The Company will not be liable for any loss suffered by the Customer if it is caused by non-compliance with the terms and conditions mentioned on the Site;

     

    XIII. DURATION AND TERMINATION OF THE CONTRACT

    13.1. The contract is considered concluded for an indefinite period, the User / Client having the possibility to stop using the Site at any time;

    13.2. The Company reserves the right to immediately suspend or terminate the access to the Site of a User / Client at any time and without notice and without other formalities (including without the intervention of the court):

    • if it finds or has serious suspicions regarding the fact that the User / Client does not comply with the provisions of the Terms and Conditions and the Privacy Policy;
    • if it constantly proves unserious behavior, by performing repeated cancellations or by repeatedly returning the Products (minimum 5 canceled orders);

    13.3. After the termination of the Contract, the User understands that he can no longer use the Site and agrees not to attempt this;

    13.4. The provisions of sections VI, X, XI, XII, XIV, XV will survive the termination of the Contract and will continue to produce effects;

     

    XIV. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

    14.1. The use of the Site, the placing of the Order, the conclusion, execution and termination of the Contract are governed by Romanian law, which is completed where necessary with the applicable European legislation;

    14.2. Any dispute resulting from the use of the Site will be resolved amicably, proven by documents. If the parties do not reach an agreement, within a maximum period of 60 days from the initiation, the dispute will be definitively resolved by the competent Romanian courts at the Seller's headquarters;

    14.3.Users / Customers, as consumers, may not waive their rights conferred by law. Any contractual clauses that remove or limit the rights conferred by law on consumers will not have any effect on them;

     

    XV. FRAUD

    15.1. ANY ATTEMPT TO ACCESS THE PERSONAL DATA OF ANOTHER USER OR TO MODIFY THE CONTENT OF THE SITE OR TO AFFECT THE PERFORMANCE OF THE SERVER ON WHICH THE SITE IS RUNNING WILL BE CONSIDERED AN ATTEMPT OF FRAUD OF THE SITE AND ITS CONDITIONS. OR THOSE WHO HAVE TRIED THIS.

     

     

     

     

    WITHDRAWAL FORM

     

    You have the right to withdraw from this contract, without specifying the reasons, at the latest upon receipt of the Products.

    The withdrawal period expires after signing the delivery documents.

    In order to exercise your right of withdrawal, you must inform us by filling in this form and sending it to the e-mail address contact@profecund.ro regarding your decision to withdraw from this contract or by handing it over to the courier.

    In order to meet the withdrawal deadline, it is sufficient to send the communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.

    This form is only completed if you wish to withdraw from the contract.

    To Societatea HYLLAN PHARMA SRL (“ Societatea ”), Romanian legal entity, having its registered office in Bucharest, str. Turturelelor no. 11A, floor 2, Sector 3, registered at the Bucharest Trade Register under no. J40 / 4681/2007, Unique Identification Code 21293833, e-mail: office@hyllan.eu .

    Signed / Subscribed [insert name, postal address and, if applicable, telephone number, fax number and e-mail address of the Client]:

    _______________________________ _______________________________

    I hereby inform you of my withdrawal from the contract regarding the sale of the following products [insert product data: name, product code]:

    _______________________________ _______________________________

    Order number: __________________________

    Order on: _________________ / received on: _________________