Terms of service

The following Terms and Conditions establish the conditions under which the company Klauss Fashion S.R.L. which administers the website www.klaussfashion.ro will allow access to and use of this website, the use of the services provided by Klauss Fashion S.R.L. through the website www.klaussfashion.ro as well as the conditions under which the sale of products sold by Klauss Fashion SRL through the website www.klaussfashion.ro will be carried out.

For the proper use of the website, we recommend that you carefully read the Terms and Conditions below.

Definitions and terms
The terms used in the following shall have the following meaning:

Klauss Fashion – the commercial name of the company Klauss Fashion S.R.L., a Romanian legal entity with its registered office in Bucharest, sector 3, Aleea Ilioara no. 2bis, Bl. PM30, sc. A, et. 1, Ap. 5, Romania (and with its secondary headquarters where it carries out its business activities located in Bucharest, sector 3, Str. Ilioara No. 15A), registered in the Trade Register of the Bucharest Court under no. J40/1054/2008, with EUID ROONRC J40/1054/2008 and CUI RO23122295.

Website or Online Store – the Internet site www.klausdays.ro and its subdomains

Seller – Klauss Fashion, in cases where it has the capacity of seller according to these Terms and Conditions and the applicable legal provisions

Buyer – any natural person over 18 years of age, or legal person, or any other entity that places an Order for Products from the Seller

User – any natural person over 18 years of age, or legal person, or any other entity that accesses the Website, to benefit from the Content, the Services made available by Klauss Fashion, or to launch an Order for Products.

Distance contract – any contract concluded between the professional and the consumer within an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including the moment the contract is concluded (according to the definition contained in OUG no. 34 of June 4, 2014 on consumer rights in contracts concluded with professionals, as well as for the amendment and completion of certain normative acts, as it transposed Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011).

Order – a document that acts as a form of communication between the Seller and the Buyer, through which the Buyer transmits to the Seller, through the Website, his intention to purchase Products from the Website.

Customer – the person who has or obtains access to the Content and Services, after creating an account on the Website

Account – the set consisting of an e-mail address and a password that allow a single Customer access to restricted areas of the Website through which access to the Services is made and which contains information about the Customer and the Customer’s history on the Website (account details, orders, delivery addresses). The Customer is responsible and will ensure that all information entered when creating the Account is correct, complete and will be updated during the existence of the Account.

Product – any product sold by the Seller through the Website, including the products mentioned in the Order, which are to be provided by the Seller to the Buyer as a result of the concluded Contract.

Specifications – all specifications and/or descriptions of the Products specified in their description.

Service – any service to be provided by Klauss Fashion through the Website, by exclusively electronic means.

Content – includes:

all information on the Website that can be visited, viewed, or otherwise accessed using an electronic device;
the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication;
any information communicated by any means by an employee/collaborator of the Seller to the Buyer, according to the contact information, whether or not specified by the latter;
information related to the Products and/or the prices charged by the Seller in a certain period;
data relating to the Seller, or other privileged data of the latter.
Your Cart – section on the Website that allows the Customer/User to add Products that he/she wishes to purchase at the time of addition, or at a later time; if the Products are not purchased at the time of addition by placing the Order, the Customer will benefit from the service offered by the Seller to track the Products by receiving Commercial Communications from him through which the Customer will be reminded that there are Products in your Cart.

 

Fraud
Klauss Fashion will not request from its Customers/Users, through any means of communication (e.g., e-mail/telephone/SMS, etc.), information regarding confidential data (e.g., data regarding bank account/card passwords, etc.).

Klauss Fashion declines any responsibility for cases in which a User/Customer would be/is prejudiced in any form by a third party who, unfoundedly, would claim to be/represent the interests of Klauss Fashion.

Creating multiple Accounts on the Website, using automatically generated email addresses that expire after a predefined period, in order to benefit from promotions or offers, or any other type of illegal, abusive and fraudulent behavior, likely to affect the proper functioning of the Online Store, is prohibited and will be considered an attempt at fraud. As a result of such behavior, Klauss Fashion reserves the right to suspend the Accounts thus created, to withdraw the benefits related to ongoing promotions or offers, to cancel these Accounts, without prior notice, notification, other formalities or compensation.

Any attempted fraud, or any fraud (e.g., accessing Customer data, altering the content of the Website, attempting to negatively affect the performance of the servers where the information on the Website is stored, diverting the content of deliveries, altering or modifying the Content of the Website, or any correspondence sent by any means by Klauss Fashion to the User/Client, etc.), will be punished according to the legal provisions in force.

Klauss Fashion will immediately report any fraud or attempted fraud to the competent authorities according to the applicable laws.

Liability
Klauss Fashion does not guarantee that the Website, the servers on which it is hosted, and/or the emails sent from Klauss Fashion, are free of viruses or other potentially harmful computer components, that they do not contain/suffer errors, omissions, defects, delays or interruptions in operation or transmission, line drops or any other similar factors.

The User/Client uses the Website at his/her own risk, Klauss Fashion not being liable for any direct or indirect damages caused by the use or access/visit of the Website, or as a result of the use of information on the Website, without fault on his/her part.

Force Majeure
None of the Contracting Parties is liable for the failure to perform on time – in whole or in part – any obligation incumbent on it under these Terms and Conditions if the failure to perform the respective obligation was caused by a force majeure event. For the purposes of this article, a force majeure event is an event independent of the will of the parties, unforeseeable and insurmountable, not due to the intention or fault of the party invoking it, occurring after the entry into force of the Contract, and which prevents the party invoking it from performing, in whole or in part, its obligations. Such events are considered, by way of example, armed conflicts, social movements, fires, floods or any other natural disasters or restrictions arising as a result of a quarantine or an embargo. Labor disputes do not constitute force majeure. An event similar to the above which, without creating an impossibility of performance, makes the performance of the obligations of either Party extremely costly is not considered a case of force majeure.

The Party invoking the force majeure event is obliged to notify the other Party within a maximum of 5 calendar days from the date of its occurrence, and to provide, within this period, necessary evidence in this regard. Also, the Party invoking the Force Majeure is obliged to inform the other Party as soon as reasonably possible, of the cessation of the force majeure event and to immediately resume the performance of its obligations previously affected by the force majeure. In the absence of notification, the Party invoking the force majeure event shall be liable for all damages caused as a result of the omission to notify of the occurrence/cessation of the force majeure event.

If within 15 (fifteen) days from the date of its occurrence, a force majeure event does not cease, each party shall have the right to notify the other party of the full termination of the Contract, without any of the parties having the right to claim compensation from the other party in connection with this fact.

Confidentiality
Klauss Fashion will maintain the confidentiality of information of any nature that you provide to it under and/or in connection with the Contract and/or your visit/use of the Website. Any disclosure thereof will be made in accordance with the Contract, these Terms and Conditions, and Klauss Fashion’s policies on the processing of personal data published on the Website.

Applicable law. Settlement of complaints. Disputes
The Contract shall be governed and interpreted in accordance with Romanian law.

The Parties shall make every effort to amicably resolve any conflict under and/or in connection with the Contract. If this is not possible within a maximum period of 1 month from the date of the conflict, it shall be submitted for resolution to the competent courts.

For complaints or claims regarding the purchased Products, Buyers may file complaints/claims at the email address contact@klaussfashion.ro. The maximum term for resolving complaints or claims is 30 calendar days from their receipt by Klauss Fashion.

Also, given the provisions of Regulation (EU) No. 524/2013 on online dispute resolution in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, Klauss Fashion informs Buyers about the possibility of also resorting to alternative dispute resolution (ADR) mechanisms, which represent an out-of-court procedure for resolving a dispute concerning traders operating in Romania, by using the European online dispute resolution platform (ODR platform), a digital tool created by the European Commission to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the European Union and a trader established in the European Union. Currently, the ADR entity authorized in Romania for alternative dispute resolution is the Alternative Dispute Resolution Directorate within the National Authority for Consumer Protection.

Thus, in case of conflicts related to purchases of Products from the Online Store, the Buyer will be able to use the aforementioned EU platform for online dispute resolution, which is also available in Romanian at ODR.

Updating the Terms and Conditions
Klauss Fashion reserves the right to periodically update and modify these Terms and Conditions of the Website to reflect any changes to its provisions, any changes to the Website/its structure/Service/Content, or any changes to the applicable legal provisions, without the need to notify Users/Customers in advance. The Terms and Conditions are applicable and enforceable against Customers/Users from the moment they are posted on the Website, which is why we recommend that you periodically check their content.

Contact details
If you have any questions or suggestions regarding these Terms and Conditions, you can contact us at +40/771.037.980, Monday to Friday, between 9:00 and 17:00, or by email at: contact@klaussfashion.ro.

XIV. Final provisions

The invalidity of any clause of these Terms and Conditions, in whole or in part, shall not affect the validity of the other clauses or parts of clauses. If any clause of these Terms and Conditions is incomplete, void, becomes inoperative/lapses, becomes null and void, or is declared unwritten, in whole or in part, this shall not affect the validity of the other clauses. These clauses will be replaced/supplemented accordingly, in a manner that, to the extent legally acceptable, comes closest to what the contracting parties intended or can reasonably be expected to have, given the design, content and spirit of these Terms and Conditions.

The provisions of these Terms and Conditions are supplemented by the applicable legal provisions in the matter.

The publication on the Website of these Terms and Conditions constitutes information to the Client/User, a natural person, as a consumer, in accordance with the provisions of art. 6 paragraph 1 of OUG no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for the amendment and completion of certain normative acts, as it transposed Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.

Updated on 24.04.2019.

Withdrawal form template

(this form is to be returned completed only if you are a natural person Buyer with the capacity of consumer and wish to withdraw from a Contract regarding Products from the Online Store on the Website)

To: Klauss Fashion S.R.L.,

Registered office: Bucharest, sector 3, Aleea Ilioara nr. 2bis, Bl. PM30, sc. A, et. 1, Ap. 5, Romania

Email: contact@klaussfashion.ro

I/we hereby inform you* of my/our* withdrawal from the contract relating to the sale of the following goods: ………………………………………………………………………