Terms of service
Before placing an order, please read carefully these online terms and conditions, hereinafter referred to as the DOCUMENT.
BENEDETTO, www.benedettoatelier.com, hereinafter referred to as BENEDETTO, is the brand of the company SC BENEDETTO FASHION DESIGN SRL, organized under Romanian law, CUI 43093615, J04/2020/1232.
WORK LOCATION: 54 Splaiul Independentei, Bucharest, Romania, 060024,
Having opened an account in RON (Romanian Lei):
RO38BTRLRONCRT0568964501 at Banca Transilvania.
DEFINITIONS AND TERMS
ORDER – an electronic document used as a form of communication between the Seller and the Buyer, generated after the Buyer accesses the Website, through which the Buyer expresses their intent to purchase Goods from the Website and to make payment for them.
USER – a natural or legal person, public or private, who has or obtains access to the CONTENT, through any communication means (electronic, telephone, etc.) or based on a usage agreement between benedettoatelier.com and the user.
DOCUMENT – these Terms and Conditions.
CLIENT – a natural or legal person, public or private, who has or obtains access to the CONTENT and SERVICE, through any means (electronic, telephone, etc.) or based on a usage agreement between www.benedettoatelier.com and the client, or a person who benefits from the products and/or services offered by www.benedettoatelier.com and purchased through the use of the SERVICE.
SERVICE – the electronic commerce service exclusively conducted on the publicly available sections of the WEBSITE, which allows the CLIENT to contract products and/or services using exclusively electronic means, including other remote communication methods (e.g., telephone).
DISTANCE CONTRACT – as defined in the Romanian Government Emergency Ordinance No. 34/2014.
TRANSACTION – the receipt or reimbursement of a sum resulting from the sale of a product/service by BENEDETTO to the Client, regardless of the delivery method.
ACCOUNT – the set consisting of an email address and a password that allows a single USER access to restricted areas of the WEBSITE through which the SERVICE is accessed.
NEWSLETTER – an electronic means of informing about products, services, and/or promotions run by www.benedettoatelier.com during a certain period, without any commitment on the part of www.benedettoatelier.com regarding the information contained in it.
SITE/DOMAIN:
- the content of any email or newsletter sent to USERS or CLIENTS by BENEDETTO via electronic means and any other available means of communication;
- all information on the WEBSITE that can be viewed or otherwise accessed using equipment;
- information about the products, services, and/or prices practiced by BENEDETTO during a certain period;
- information about the products, services, and/or rates practiced by a third party with whom BENEDETTO has partnership agreements during a certain period;
- any information communicated by any means by an employee of BENEDETTO to the USER or CLIENT, according to the contact details specified by them, or not;
- any data regarding BENEDETTO or other privileged data related to it.
1. GENERAL POLICY
This document sets the terms and conditions for the use of the website/content/service by the user or client, in case no other valid agreement of use exists between BENEDETTO and the user/client.
1a. Access to the service is granted exclusively through the public website www.benedettoatelier.com.
1b. Using the website/content/service, including but not limited to accessing and viewing the content/service, implies the user's or client's acceptance of these Terms and Conditions, unless the content has separate usage conditions explicitly stated.
1c. By using the website/content/service, the User or Client is solely responsible for all activities resulting from its use. Furthermore, they are responsible for any material, intellectual, electronic, or other types of damage caused to the website, content, service, BENEDETTO, or any third party with whom BENEDETTO has entered into contracts, in accordance with applicable Romanian law.
1d. If the User or Client does not agree to and/or accepts and/or revokes their consent for this document:
1d1. If the User or Client does not agree to and/or accepts and/or revokes their consent for this document: They waive access to the service, other services provided by BENEDETTO via the website, and receiving newsletters and/or communications from BENEDETTO of any nature (electronic, phone, etc.), with no further guarantee from BENEDETTO.
1d2. BENEDETTO will delete all data relating to the User/Client from its database, with no further obligation for either party, and no party may claim damages from the other.
1e. The Client/User can withdraw their consent and/or agreement at any time, based on the document as it is available at that moment.
1f. To exercise the right specified in section 1.4, the User/Client can contact BENEDETTO or use the links provided in communications received from BENEDETTO for this purpose.
1g. The Client may not revoke their consent for the document during the term of an ongoing Contract or until all outstanding Contracts with BENEDETTO have been paid in full.
1h. If the Client has paid for all outstanding Contracts with BENEDETTO and revokes their consent for the document during the term of an Order, BENEDETTO will cancel the Order without any further obligation from either party, and no party may claim damages from the other.
2. CONTENT
2a. The content, both informational and visual, presented on the BENEDETTO website is the intellectual property of BENEDETTO.
2b. The User/Client is not permitted to transfer, copy, modify, and/or otherwise alter, use, link to, display, include any content in any context other than the original context intended by BENEDETTO, include any content outside the BENEDETTO website, remove any marks indicating and signifying BENEDETTO's copyright over the content, or participate in the transfer, sale, distribution of materials created by reproducing, modifying, or displaying the content, unless expressly authorized by BENEDETTO.
2c. Any content that the User or Client accesses and/or obtains through any means is subject to this document, unless the content is accompanied by a specific and valid user agreement entered into between BENEDETTO and the User/Client, and with no implied or express warranty made by BENEDETTO regarding that content.
2d. The Client/User may copy, transfer, and/or use the content only for personal or non-commercial purposes, provided that such use does not conflict with any provisions of this document.
2e. In the event that BENEDETTO grants the Client/User the right to use certain content, as described in a separate user agreement, to which the User obtains access, this right extends only to the specific content defined in the agreement, for as long as that content exists on the site or for the duration defined in the agreement, in accordance with the terms outlined in the agreement, if applicable. This does not constitute a contractual commitment from BENEDETTO to the User, Client, or any third party who has/obtains access to the transferred content through any means, and who may be or is harmed in any way from the use of this content, either during or after the expiration of the user agreement.
2f. No content transmitted to the User or Client through any means of communication (electronic, phone, etc.) or obtained by them through accessing, visiting, and/or viewing does not constitute a contractual obligation on the part of BENEDETTO and/or any employee of BENEDETTO who facilitated the transfer of the content, if applicable, regarding the content.
2g. Any use of the content for purposes other than those expressly permitted by this document or the accompanying user agreement, if one exists, is prohibited.
3. CONTACT
3a. www.benedettoatelier.com publishes on the website the complete and accurate contact details for BENEDETTO, allowing the Client or User to reach out to BENEDETTO.
3b. By using the contact form or service provided on the site, the User or Client allows BENEDETTO to contact them by any available means, including electronic methods.
3c. The partial or complete completion of the contact form and its submission does not represent in any way an obligation for BENEDETTO to contact the User or Client.
3d. Accessing the website, using the information presented therein, visiting pages, or sending emails or notifications to BENEDETTO is done electronically, by phone, or through any other available means of communication, and by doing so, it is understood that the User or Client consents to receive notifications from BENEDETTO electronically and/or by phone, including emails or site announcements.
3e. BENEDETTO reserves the right not to respond to all requests of any kind, received through any communication means (electronic, phone, etc.).
4. NEWSLETTER
4a. Receiving the newsletter requires the User or Client to complete a form and unconditionally accept this document, unless they have already expressed this consent.
4b. The data collected from the User or Client for the purpose of sending the newsletter may and will be used by BENEDETTO within the limits of the Privacy Policy.
4c. The User or Client may unsubscribe from receiving the newsletter at any time:
4c.1. By using the special link provided in any received newsletter.
4c.2. By changing their consent to receive the newsletter through restricted area pages, using their account.
4c.3. By contacting BENEDETTO, according to the contact information, with no further obligations between the parties or any claims for damages.
4d. Unsubscribing from the newsletter does not imply withdrawal of consent for the document.
4e. BENEDETTO reserves the right to select the individuals to whom the newsletter will be sent, as well as the right to remove from its database any User or Client who has previously given consent to receive the newsletter, with no further commitment from BENEDETTO or prior notification.
4f. BENEDETTO will not include in its newsletters sent to the User or Client any type of advertising material in the form of content referring to any third party that is not a partner of BENEDETTO at the time the newsletter is sent.
5. ONLINE SALES POLICY
5a. Access to the service is allowed to any user who possesses or creates an account.
5b. In order to be granted access to the service, the User must accept the provisions of this document.
5c. BENEDETTO may limit a Client’s access to the service based on their previous behavior.
5d. Sharing an account between multiple Clients is prohibited.
5e. In the event that such accesses are discovered, BENEDETTO reserves the right to cancel or suspend the Client's access to the content or service.
6. PRODUCTS OFFERED BY www.benedettoatelier.com
6a. The products sold through www.benedettoatelier.com are new, in BENEDETTO packaging, and are accompanied by a fiscal invoice at the time of delivery, in accordance with applicable legislation. Products and services are offered subject to the terms of this document and within the limits of available stock. Therefore, BENEDETTO reserves the right to not fulfill a particular order if the product is no longer part of BENEDETTO's current offering.
6b. The prices displayed include VAT and delivery costs.
6c. Even though, despite our efforts, a small number of products may have incorrect prices on the website, which were set erroneously by our IT system, the final price will always be the one accepted by the client during discussions with BENEDETTO’s consultants and clients. If the actual price of the product is higher than the price displayed on the site, our sales consultants are authorized to fulfill your request to deliver the product at the published price, only to the extent that we can do so. You are also entitled to refuse the order. If the actual price is lower than the price displayed on the site, and you have prepaid, the difference will be refunded as agreed upon mutually, but no later than 14 days from the date of product receipt.
6d. BENEDETTO makes no express or implied guarantees regarding the operation of this website, the information, the accuracy of descriptions, content updates, the products on the site, or their suitability for a particular purpose. Users expressly agree that using this website and purchasing the products or related services is at their own risk, with the only exception being BENEDETTO's obligation to grant users the right to unilaterally terminate the contract, as per applicable law, as detailed further in this document. The images published on the site are for illustrative purposes, and the delivered products may differ from the images presented in any way (color, accessories, appearance, etc.).
7. VALIDITY OF OFFERS
7a. BENEDETTO reserves the right to modify the prices for products and/or services available on the site without prior notification to the User or Client.
7b. The purchase price of products and services is the one at the time of the order being placed, subject to available stock.
7c. The purchase price of promotional products and services is the one at the time of the order being placed, subject to available stock and/or the promotional period, if defined.
7d. The purchase price of products or services in an order cannot be modified after the order has been placed unless both parties agree.
7e. The purchase price of products and/or services in a fulfilled contract cannot be modified.
7f. The Client may cancel products and services purchased through an order only within the period between the order being placed and its conversion into a contract, and only if the chosen payment method is cash on delivery.
7g. The Client may cancel products and/or services purchased through a contract in accordance with Article 13.
7h. Promotions and discounts apply only within the period mentioned in the promotional materials, and prices are calculated according to the conditions outlined in those materials.
7i. In the case of returning promotional products: if removing one or more products causes the conditions stipulated in the promotional materials to no longer be met, the price of the remaining product(s) in the order will be recalculated without applying the promotion.
8. ONLINE ORDER
8a. The Client can place orders for products available at any given moment, exclusively on the website.
8b. By finalizing the order, the Client agrees that all the data provided by them, necessary for the purchase process, is correct, complete, and true at the time of placing the order, referred to in this document as the issued order.
8c. By finalizing the order, the Client agrees that BENEDETTO can contact them for the following purposes/situations, by any available/agreed means, depending on the purpose/situation:
8c.1. Validation of the availability of the products and quantities purchased by the Client.
8c.2. Validation by the Client of the value of the order, according to Art. 8c.1, including, depending on the situation, any other value-added services (e.g., delivery, etc.).
8c.3. Agreement on the details of product delivery.
8d. BENEDETTO can automatically cancel the order placed by the Client, without any further obligation by either party or without either party being entitled to claim damages in the following cases:
8d.1. The data provided by the Client on the website is incomplete or incorrect.
8d.2. The Client's activity on the website may and/or could cause damages of any nature to BENEDETTO and/or its partners.
8d.3. Without any justification.
8e. The Client may cancel an order placed when contacted in accordance with Art. 8c.
8f. From the moment the Client validates the value of the order or when BENEDETTO informs the Client about their validated order, the order becomes a Distance Contract, and the definitions of O.U.G. (Emergency Ordinance of the Government) no. 34/2014 apply, hereinafter referred to as the Contract, to which these Terms and Conditions are annexed, but not limited to them.
8g. Delivery details, including but not limited to delivery time, do not constitute a contractual obligation from BENEDETTO, and neither party may claim damages if either party is or becomes prejudiced in any way by the breach of these terms.
8h. In case a Client changes their personal details using the forms available on the website, all ongoing contracts at that time will retain the details previously defined/accepted by the Client before the modification.
8i. The Client is allowed to use only one voucher per online order. Using multiple vouchers will result in the cancellation of the order by BENEDETTO representatives.
8j. The order processing hours are Monday to Friday from 08:00 to 16:00, with delivery taking place via courier.
9. PAYMENT FOR PRODUCTS
9a. Products ordered must be paid for in full, otherwise delivery will not take place. Payments for products ordered from the website benedettoatelier.com under these "Terms and Conditions" may be made in advance or through the online payment processor. benedettoatelier.com reserves the right to request advance payment for products in certain cases.
9b. Payments in advance can be made via bank transfer, and proof of payment must be sent to benedettoatelier.com at the email address contact@benedettoatelier.com. Delivery will only be made after the funds are received in benedettoatelier.com's account.
10. DELIVERY
10a. Product delivery will be made within 7-12 working days. If delivery cannot be completed within the mentioned time frame, you will be contacted by phone or email.
Delivery is free of charge.
10b. In the event that the customer is not found at the specified address, within the agreed time frame, our courier will attempt a second delivery after making contact with the customer. If delivery fails again, the order will be canceled, and the product will be returned to benedettoatelier.com's headquarters. The customer will be responsible for the costs of a new delivery, regardless of the value of the ordered products. The delivery address will be confirmed in writing with the benedettoatelier.com customer service representative via email.
In the case of customers who have refused previous deliveries, benedettoatelier.com reserves the right not to ship future orders unless payment in advance is made.
10c. The receipt of the products signifies the customer's acceptance that the products have arrived in good condition and are functioning. This is confirmed by the signature on the legal fiscal documents. The invoice constitutes a sales/purchase contract in accordance with Romanian law. By signing the invoice, the customer explicitly agrees that the product(s) received are in accordance with the order and meet their needs.
10d. benedettoatelier.com reserves the right to delay or cancel deliveries of ordered products if they cannot be fulfilled due to reasons beyond benedettoatelier.com's control, including but not limited to: fires, explosions, floods, epidemics, strikes, government actions, wars, acts of terrorism, protests, uprisings, civil disturbances, or other force majeure events as defined under Romanian law.
10e. The maximum value of damages that benedettoatelier.com may pay to any customer in the event of non-delivery or improper delivery is the amount actually received by benedettoatelier.com from the customer.
11. PRODUCT WARRANTY
The warranty conditions are in accordance with Law 449/2003 and Government Ordinance 21/1992. In order to request a warranty, the defective product must be presented in its original packaging, along with all accompanying accessories, a copy of the fiscal invoice, and the original warranty certificate. If the products are returned without these documents, they may be returned to the sender without the warranty being processed.
12. PRODUCT RETURNS
12a. The client of benedettoatelier.com may return products purchased through a Contract in the following situations:
12a.1. The product does not match the specifications on the website.
12a.2. The packages show severe damage.
12a.3. The products have been delivered incorrectly.
12a.4. The products were ordered in incorrect sizes (thicknesses).
12a.5. "The consumer has the right to unilaterally terminate the distance contract, without penalties and without giving any reason, within 14 calendar days from the receipt of the product or, in the case of services, from the conclusion of the contract. The only costs that may fall to the consumer are the direct costs of returning the products," according to O.U.G. (Government Emergency Ordinance) no. 34/2014, for individuals purchasing products from websites using remote communication methods, applying the definitions in O.U.G. no. 34/2014.
12b. The client is required to notify benedettoatelier.com of their intention to return the purchased products through any written communication method (e-mail, etc. at sales@benedettoatelier.com) within a maximum of 14 calendar days from the receipt of the products and/or services, in the case mentioned in Article 12.a.5.
12c. The client is required to notify benedettoatelier.com of their intention to replace the purchased products, according to Article 12.a.4, via any communication method (e-mail/phone, etc.), within a maximum of 14 calendar days from the receipt of the products and/or services, in accordance with Article 12.a.5.
12d. The client who has notified benedettoatelier.com according to Articles 12.a.2 or 12.a.3, is responsible for ensuring that the products referred to will be returned to benedettoatelier.com within 14 calendar days from the date of the notification's dispatch. Otherwise, benedettoatelier.com will consider the request invalid.
12e. The client of benedettoatelier.com may not return the purchased products under a Contract, and/or may not claim any other damages or compensation, in the following cases or situations:
12e.1. Replacing the purchased product with another product with different specifications or a different type, except in the case mentioned in Article 12.a.4.
12e.2. A return request under Article 12.a.2 or 12.a.3 due to any situation specified in Article 12.1 that has a dispatch date exceeding the 14 calendar days limit mentioned in Article 12.a.5, starting from the first business day following the fulfillment of the contract.
12e.3. In the case of returning a product with one of the causes mentioned in Article 12.1, the returned product is not in the same condition as when it was delivered (in its original packaging, with all labels intact, and accompanying documents).
12f. In the case of refunding the product's value, this will be done within 14 days of receiving the products, via bank transfer.
12g. In the case of replacing the product with an identical one, according to Article 12.a.4, the replacement will be made under the conditions and limits of a normal order.
12h. In the event that the client returns a product in accordance with the provisions of Article 12.a.4, and benedettoatelier.com does not have an identical product available for replacement, the client will be offered a refund for the product, in accordance with Article 12.f.
12i. The value of additional services, including but not limited to the delivery of products, paid by the client, will not be refunded.
12j. Breaking the security seal invalidates the return eligibility of the product.
13. FRAUD AND SPAM
Hosting Service Quality, External Links, Operational Errors
The benedettoatelier.com website is hosted on servers provided by a third-party company. benedettoatelier.com cannot be held responsible for any errors that occur on the site, regardless of the cause, including modifications to the site, settings, or updates to programmed scripts. benedettoatelier.com is also not responsible for errors that arise due to the use of certain browsers to access the website.
benedettoatelier.com is not responsible for the content, quality, or nature of external websites linked to from benedettoatelier.com. The full responsibility for those websites rests with their owners.
SUBSCRIBING AND UNSUBSCRIBING TO THE NEWSLETTER
Subscribing to and unsubscribing from the newsletter on the website benedettoatelier.com is free and voluntary, and implies acceptance of the following terms of use. The messages sent are not unsolicited, and you can unsubscribe at any time by following the instructions in the footer of each email. The messages sent comply with the Electronic Commerce law regarding commercial communication, as stipulated by Romanian and international legislation.
Using the newsletter is subject to the same liability limitations regarding content as those authorized for the use of the website, as provided in this document. The privacy policy is described in detail in the following section. BENEDETTO holds all rights to the content of the newsletter sent to subscribers under the same conditions as the information published on the website, in accordance with the provisions of this document.
Subscribers to the BENEDETTO newsletter may forward these commercial communications to others at their own risk, provided they do not alter the structure or content of the messages. Persons who receive commercial messages from BENEDETTO newsletter subscribers are considered to have been informed in advance by the subscribers about the provisions of this article. In this context, BENEDETTO cannot be held responsible in any way for the actions of its subscribers.
BENEDETTO reserves the right to restrict any subscriber's access to the newsletter if it has any reason to believe that the subscriber is not complying with the provisions of this document.
13a. BENEDETTO does not request from its Clients or Users, through any means of communication (email/phone/SMS, etc.), information related to confidential data, bank accounts/cards, or personal passwords.
13b. The Client / User assumes full responsibility for disclosing their confidential data to any third party.
13c. benedetto.ro disclaims any responsibility in the event that a User / Client is harmed in any way by a third party claiming to represent or act on behalf of BENEDETTO.
13d. The Client or User will inform BENEDETTO about such attempts using the contact details.
13e. BENEDETTO does not promote SPAM.
13f. Any user/client who has explicitly provided their email address on the website may opt to delete it.
13g. Communications sent by BENEDETTO through electronic means of communication (i.e. email) contain the complete and accurate identification details of the sender or links to them, at the time of sending the content.
13h. The following actions, whether completed or not, will be considered an attempt to fraudulently access the website/content and/or BENEDETTO, and criminal investigation will be initiated against those who have attempted or have achieved the following:
13h.1. to access any type of data of another user/Client through the use of an account or by any other method.
13h.2. to alter or otherwise modify the content of the website or Content sent by any method from BENEDETTO to the User / Client.
13h.3. to affect the performance of the server(s) on which the website operates.
13h.4. to access or disclose to any third party who does not have the necessary legal authority, content sent by any means from BENEDETTO to the User / Client when the latter is not the legitimate recipient of the content.
14. LIMITATION OF LIABILITY
14a. BENEDETTO cannot be held responsible to any individual or legal entity that uses or relies on the content.
14b. BENEDETTO cannot be held responsible for any kind of damage (direct, indirect, accidental, etc.) resulting from the use or inability to use the content presented or not presented on the website, or for any errors or omissions in the presentation of the content that may lead to any kind of loss.
14c. If a User/Client considers that any Content sent by BENEDETTO through any means violates copyright or any other rights, they can contact BENEDETTO for details, using the contact information provided, so that BENEDETTO can make an informed decision.
14d. BENEDETTO does not guarantee the user or client access to the website or services and does not grant the right to download or modify content partially and/or fully, to reproduce content partially or fully, to copy, or to exploit any content in any other way, or to transfer any content to any third party over which access has been obtained, based on a usage agreement, without BENEDETTO's prior written consent.
14e. BENEDETTO is not responsible for the content, quality, or nature of any other websites accessed via links within the content, regardless of the nature of these links. For those websites, the full responsibility lies with the owners of those sites.
14f. BENEDETTO is exonerated from any liability in the case of using the website and/or content sent to the User or Client through any means (electronic, telephone, etc.), via the website, e-mail, or an employee of BENEDETTO, when such use of the content results in damage of any kind to the User, Client, or any third party involved in this content transfer.
14g. BENEDETTO does not provide any direct or indirect guarantees that:
14g.1. the service/product will meet the client's requirements.
14g.2. the service/product will be uninterrupted, secure, or error-free in any way.
14g.3. products/services obtained free of charge or for a fee via the service will meet the client's requirements or expectations.
14h. The operators, administrators, and/or owners of the website are in no way responsible for any relationships or consequences arising from, but not limited to, purchases, special offers, promotions, campaigns, or any other type of relationship/connection/transaction/collaboration, etc., that may arise between the client or user and any party promoting directly or indirectly through the website.
15. PRIVACY POLICY
15a. BENEDETTO guarantees the security and confidentiality of the data hosted and transmitted through its informational system. This information may be used by BENEDETTO to send the user order confirmations, special offers, promotions, etc., only with the client's prior consent. Providing personal data to BENEDETTO does not create any obligation for the users, and they can refuse to provide this data under any circumstances and can request the deletion of such data from the database at any time. Any such request/notification for deletion must be dated, signed, and sent by the person registered in the database via e-mail to contact@benedetto.ro or by post/courier to the address: SC BENEDETTO FASHION DESIGN SRL – 54 Splaiul Independentei, Bucharest, Romania, 060024.
15b. BENEDETTO agrees not to disclose personal data to third parties, except for the direct marketing operator. However, personal data may be transmitted to authorities entitled to verify commercial transactions or to other authorities authorized by law to perform any justified checks, if this is requested in accordance with the applicable laws.
15c. The information provided to BENEDETTO is used only for the purpose for which it was entered (order fulfillment, sending messages to the staff, newsletter subscription, etc.), in accordance with the applicable laws. BENEDETTO does not share your e-mail address with third parties, does not encourage spam, and does not make public the data provided by its clients without their explicit consent.
15d. BENEDETTO certifies that it will respect the rights granted by Law No. 677/2001 regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, Law No. 365/2002 regarding electronic commerce, as well as Government Ordinance No. 130/2000 regarding the protection of consumers in the conclusion and execution of distance contracts, with subsequent amendments. These rights include (but are not limited to):
- The right to request from BENEDETTO confirmation of the processing or non-processing of your personal data, free of charge;
- The right to request from BENEDETTO the rectification, updating, blocking, or deletion, free of charge, of data provided whose processing is not in compliance with the provisions of Law No. 677/2001;
- The right to request from BENEDETTO to stop, free of charge, the processing of your personal data;
- The right to request from BENEDETTO to cease sending promotional messages.
Any such request/notification must be dated, signed, and sent by the person registered in the database via e-mail to contact@benedetto.ro or by post/courier to the address: 54 Splaiul Independentei, Bucharest, Romania, 060024.
BENEDETTO cannot be held responsible for errors caused by the user’s negligence regarding the security and confidentiality of their account and password. BENEDETTO is not responsible in any way for the loss or alteration of personal data stored for the purposes outlined in this document.
16. FORCE MAJEURE AND UNFORESEEABLE EVENTS
16a. Except in cases where explicitly stated otherwise, neither party to an ongoing contract will be held liable for failing to perform on time and/or properly, in full or partially, any of its obligations under the contract, if such failure is caused by a force majeure event.
16b. The party or the legal representative of the party invoking the above-mentioned event is obliged to immediately and fully notify the other party about its occurrence and to take any available measures to limit the consequences of that event.
16c. The party or the legal representative of the party invoking the above-mentioned event is exempted from this obligation only if the event prevents them from fulfilling it.
16d. If the event does not cease within 15 days from the occurrence, each party has the right to notify the other party of the automatic termination of the contract, without either party being entitled to claim any damages.
16e. The party invoking the force majeure event must prove the impossibility of fulfilling its obligations within 30 days from the occurrence of the event, but within the limits of Article 16c.
17. DISPUTES
17a. By using/visiting/viewing the website(s) and/or any content sent by BENEDETTO to the User/Client through any means (electronic, phone, etc.), the User/Client agrees at least with these "Terms and Conditions of Use".
17b. Any dispute regarding these "Terms and Conditions" that may arise between the User/Client and BENEDETTO will be resolved amicably.
17c. BENEDETTO is not liable for any loss, costs, lawsuits, claims, expenses, or other liabilities resulting directly from the non-compliance with the Terms and Conditions.
17d. Any dispute of any kind that may arise between the User and BENEDETTO or its partners will be resolved amicably. If this is not possible, the conflict will be resolved in court, according to the applicable Romanian laws.
17e. If any of the clauses above are found to be null or invalid, regardless of the cause, such a clause will not affect the validity of the remaining clauses.
17f. This document has been drafted and will be interpreted in accordance with Romanian legislation.
18. FINAL PROVISIONS
18a. BENEDETTO reserves the right to make any changes to these provisions, as well as any changes to the website's structure or service, including modifications that could affect the website and/or any content, without prior notice to the User or Client.
18b. BENEDETTO will not be held responsible for any errors appearing on the website for any reason, including changes, settings, etc., which were not made by the website administrator.
18c. BENEDETTO reserves the right to introduce any kind of advertising banners and/or links on any page of the website, in compliance with the applicable legislation. The exception is the pages presenting partner companies or their offers, where no competitive banners will be introduced.
Any other issue caused by the products and services presented on www.benedettoatelier.com and not covered by any article in this document will be resolved amicably within 30 working days from the date the issue is raised in writing by the user.
In the event that the dispute is not resolved amicably, the jurisdiction lies with the Romanian courts or another authorized body agreed by both parties. By agreeing to these Terms and Conditions of Use of the website www.benedettoatelier.com, the client fully assumes the consequences arising from the use of the website under these conditions.