La Fântâna website terms and conditions

TERMS AND CONDITIONS 

  1. Definitions. Purpose

1.1. In this document, the following terms shall have the meanings below, unless expressly provided otherwise: 

  1. "Site" means the web application owned by LaFantana with the www.lafantana.ro domain (and its subdomains), using the LaFantana.ro logo, and through which LaFantana presents its Products, events, commercial actions, and Services for sale, and Customers can choose the Products and Services they wish to purchase, respectively pay them directly by making online payments or cash on delivery, depending on the method chosen. Also, the Site is used to process and administer Online Orders for the delivery of Products and Services and registration of payments related to their sale. 
  2. "Customer / Customers" means the site visitor who makes an Account and makes an Online Order for the purchase of Goods available for sale. 
  3. "User" means any natural or legal person visiting the Site, who will have the opportunity to get informed about La Fantana's products, services, and commercial actions and to make online orders (online purchases). 
  4. "Site content" means all information contained on the site in the form of text, data, software, audio or video files, static images, WEB graphics, graphics, symbols, programs, and any other data.
  5. "Online order" means an order placed by the Customer on the Site by which the Customer expresses his commitment to purchase one or more Goods. 
  6. "Account" means the section of the Site, accessible to the Customer by using, as identification, an e-mail address, and password, which allows the Customer to submit the Online Order and which contains information about the Customer and the Customer's history on the Site (Online Orders, tax invoices, Goods warranties, etc.). 
  7.  "Contract" means the distance consensual agreement between the Seller and the Customer regarding the sale, respectively the purchase, of one or more Goods on the Site, by launching an Online Order by the Customer and its acceptance by the Seller, in compliance with the legal provisions and the terms and conditions for the online sale of LaFantana.ro services and products. The contract is concluded in Romanian. 
  8. "eCommerce" means an integrated software solution to manage the online catalog and process of Online Orders of Goods issued by Customers. "LaFantana." or "The Seller" means La Fantana S.R.L., headquartered in B-dul Garii Obor nr. 8C, Sector 2, Bucharest, Romania, registered with the Trade Register Office under no. J40/1198/2016, having the Unique Registration Code RO 35534516. 
  9.  "Newsletter" means a means of periodical information, exclusively electronic, respectively electronic mail, or other form of distance communication (e-mail, SMS) regarding the Goods and/or promotions carried out by the Seller in a certain period, without any commitment from the Seller regarding the information contained therein. 
  10.  "Goods" means any goods (products) or services that are offered to the Customer for purchase, against payment, through the Site. 
  11.  "Return Period" means 14 (fourteen) calendar days, as stipulated in the rules in force of online commerce / eCommerce (or any other period that may become mandatory under Romanian law), within which the Customer is entitled to return the Goods to the Seller. 
  12. "Specifications" means details of the characteristics of the Goods as specified in their description. "Green stamp duty" means the amount paid by the Seller to an authorized company with the takeover of the operations of collection, transport, and recovery/recycling of waste electrical and electronic equipment, as provided by the legislation in force; 
  13. "Transaction" means the payment operation by the Customer, respectively the collection by the Seller, of an amount of money as a result of the sale, respectively purchase, of one or more Goods. 

 

1.2. This document establishes the terms and conditions applicable to the relationships that arise between LaFantana and each Customer/User who uses the Site to get informed about the Products, events, commercial actions, and/or making an Online Order. 

1.3. Using the Site implies acceptance of these terms and conditions, being fully recommended to read them carefully by potential Users/Clients. The Seller reserves the right to modify these provisions at any time and the updated form of these terms and conditions will be accessible to Customers/Users on the Site. 

1.4. The terms and conditions applicable to the online sale of LaFantana services and products are available to the Customer for storage and reproduction and are supplemented by the General Commercial Conditions available on the Seller's website to the extent that the latter do not contradict these terms and conditions regarding the online sale of LaFantana Goods. in case of discrepancies regarding Online Orders, these provisions shall prevail over those of the General Terms and Conditions of Commerce. 

 

  1. Use of the Site. Content.

2.1. The content of the Site is the property of La Fantana and partner companies that will also be cited as a source of content. It may be taken over, broadcast, sold, or transferred in any way only with the written consent of La Fantana. 

2.2. The content of the Site is protected by copyright and related rights legislation. 

2.3. The use without La Fantana's consent of any elements of the site's content entails the User's liability, according to the legislation in force. 

2.4. The communications of any information or data in the form of message, text, image, audio and/or video file, or any other type of material, regardless of the way of their publication or transmission (public or individual), by any natural and legal person other than La Fantana are made on the sole responsibility of the person who is the source of these materials,  La Fantana is in no way responsible for the content or manner of publishing these communications. 

2.5. Users / Clients of this Site are expressly forbidden to use both the Site and the services made available through it, to upload, download, publish, or transmit information whose content is illegal, violates intellectual property rights, and is contrary to good morals or public order. 

 

2.6. La Fantana has the right (but not the obligation) to delete any such content identified on the Site, not being liable in any way for any damages produced as a result of a type of communication from the category mentioned above. 

2.7. La Fantana reserves at any time, without prior notice, the following rights: 

- to modify or add new rules and restrictions regarding the Content of the site; 

- the right to modify or update any service or right to use any service; 

- the right to modify the Terms and Conditions of use of the site and any other commercial conditions; 

 

2.8. La Fântâna assumes no liability for: 

- delays or inability to access/use the site, 

- modifying, suspending, or interrupting the site, in whole or in part, 

- modification or deletion of materials published on the site. 

 

  1. Using/accessing the Site www.lafantana.ro. Registration on the Site

3.1. By using/accessing the www.lafantana.ro site, all Users expressly confirm that they have become aware of and agree to the present Terms and Conditions. 

3.2. The use of the www.lafantana.ro site by Users and Clients is done on their responsibility. 

3.3. To use the services offered by the site – if it is necessary to fill in a registration form, create an account, obtain a "username" and a password – Users are obliged to provide accurate and complete data according to the registration form and to renew when the situation requires, the registration data to be accurate and complete. 

3.4. Users are expressly forbidden to use false data or to transmit, illegitimately, electronic messages or any other communications on behalf of another natural or legal person or behalf of any other entity. 

3.5. In case of unauthorized access to the account by third parties or non-compliance by Users / Clients with the legal way of using the site, La Fantana assumes no responsibility for the consequences that may occur. 

3.6. In case of providing inaccurate or incomplete information, La Fantana reserves the right to suspend or terminate the account of Users / Clients and to refuse all attempts to use the services of the Site.  

3.7. Any violation of these rules can be reported at: contact@lafantana.ro. 

 

  1. Limitation/cancellation of the right to access/use the site

4.1. La Fantana reserves the right without prior notification: 

- to discontinue the provision of the site (in whole or in part) at any time, 

- to cancel/delete, at any time, any account and/or to limit the access of any User / Client to his account and/or to the site (for example, if there is a violation by Users of the terms and conditions of use of the site, if technical or security problems occur, etc.). 

- to restrict the rights of Site Users if the content displayed by them is illegal violates intellectual property rights, contains viruses, texts targeting various promotional campaigns, etc. 

 

  1. Features of online lafantana.ro selling

5.1. By using the Site and, as the case may be, registering an Online Order, the Customer accepts and agrees with the form of distance communication (telephone or e-mail) through which the Seller carries out its operations. 

5.2. All information used in describing the Goods (including but not limited to static or dynamic images, descriptive text, graphic or video presentations) does not impose any obligation on the Seller, these being used exclusively for presentation and information. However, the Seller will make all reasonable efforts to ensure the correctness of the information regarding the Goods presented on the Site. 

5.3. The goods subject to sale within a promotion or campaign of any type will also be subject to the terms and conditions applicable to that campaign or promotion. 

5.4. The notification received by phone or e-mail by the Customer after placing the Online Order regarding the taking over of that Online Order has an informative role and does not represent the acceptance of the Online Order by the Seller. The acceptance of the Online Order is considered fulfilled at the latest with the delivery, respectively the supply, of the Goods ordered by the Customer. 

5.5. For justified reasons (including, but not limited to, lack of stock of some Goods), the Seller reserves the right to change the type or quantity of the Goods in the Order. In such a situation, the Customer will be immediately notified of the change and will have the right to accept the new features of the Online Order or to refuse them, in which case the Online Order is considered canceled and the parties will be put in the situation before the issuance of the Online Order (including the return of any amounts collected),  without the Seller having any liability for any damages suffered by the Customer. 

5.6. The Online Order is accepted, and the Agreement is considered concluded between the Seller and the Customer, upon receipt by the Customer from the Seller, by electronic mail and/or SMS, of the notification of dispatch of the Goods subject to the Online Order (in the case of products) or on the occasion of the commencement of the provision of services subject to the Online Order. The Agreement includes both the provisions of these terms and conditions and any subsequent agreements between the Customer and the Seller regarding an Online Order, whether or not they are contained in an electronic or material document. 

5.7. The Seller provides the Customer with the e-mail address indicated in the "Contact" section of the Site, to identify and correct errors occurred when entering data. 

5.8. The Seller may subscribe at any time to codes of conduct regarding the activity of online supply of Goods, following to inform Customers of this fact and to ensure the possibility of Customers to effectively consult the codes. 

 

  1. Online lafantana.ro sales policy

6.1. Access to the Site to place an Online Order is allowed to any potential Customer acting with a legitimate purpose and intending to purchase from the Seller one or more Goods, in compliance with these conditions and terms. 

6.2. LaFantana reserves the right to deny some Users / Customers access to part or all functions of the Site and to restrict the processing and/or delivery of an Online Order if there are suspicions of fraud on the part of the Site Customer or if he has a behavior that may prejudice LaFantana's interests. 

 

6.3. Communication with the Seller can be done through the addresses mentioned in the "Contact" section of the Site. 

6.4. LaFantana may publish on the Site information about Goods and/or promotions practiced by the Seller or by any other third party with whom LaFantana.ro has concluded partnership contracts, within a certain period and the available stock. 

6.5. The Seller ensures the acceptance of online payment by bank card without requesting additional payments according to the legislation in force in Romania. In the case of online payments, the Seller is not / cannot be held responsible for any other costs incurred by the Customer in addition to the price of the purchased Good, including, but not limited to, transfer or currency conversion fees applied by the bank issuing the Customer's card, if its issuing currency differs from the currency in which the sale is made. The responsibility for this action lies solely with the Client. 

6.6. Under the conditions provided by law, the prices of Electronic Goods displayed on the Site include Green Stamp Duty. 

 

  1. Online orders

7.1. The Customer can place Online Orders on the Site by adding the desired Goods to the shopping cart. The Online Order will be completed by making the payment by the Customer in one of the ways accepted by the Seller and expressly indicated on the Site. Once added to the shopping cart, a Good is available for purchase to the extent that there is stock available for that Good. Adding a Good to the shopping cart, in the absence of completing the Online Order, does not lead to the registration of an order and implicitly to the automatic reservation of the Good added to the shopping cart but not paid. 

7.2. By completing the Online Order, the Customer confirms that all data provided by him are correct, complete, and true at the time of placing the Online Order. By placing an Online Order, the Customer explicitly acknowledges that the Online Order implies the Customer's obligation to pay the indicated "total payment amount". 

7.3. By creating an Account and, as the case may be, completing the Online Order, the Customer agrees that the Seller may contact him, by any means available to the Seller, through respectively automated call system without human intervention, fax, e-mail, in any situation where it is necessary to contact the Customer. 

7.4. Goods purchased through the Site may not be resold or distributed for commercial purposes. LaFantana reserves the right to limit the purchase of Goods to a maximum number of Goods per person, the number being freely determined by LaFantana. 

7.5. The Seller may assign its rights and obligations and subcontract a third party to honor the Online Order, with the information of the Customer, without the latter's consent being required. The Seller shall always be liable to the Customer for all contractual obligations. 

7.6. The Seller may cancel the Online Order launched by the Customer, with concomitant or subsequent notification of the Customer, without being held liable for such action, in the following cases: 

  1. i. non-acceptance of the Transaction by the issuing bank of the Client's card, in case of online payment;
  2. invalidation of the Transaction by the card processor agreed by LaFantana, in case of online payment;
  3. The data provided by the Customer / Clients when accessing the Site are incomplete and/or incorrect;
  4. The Seller may reasonably consider that by accessing the Site and placing the Online Order, an illicit or harmful purpose is pursued;
  5. Any of the terms and conditions set forth herein have not been complied with.

 

  1. Delivery of goods

8.1. LaFantana.ro reserves the right to validate Online Orders before honoring them by contacting Customers by phone or e-mail, Customers accepting and allowing such a possibility. 

8.2. The delivery of the Goods will be made anywhere in Romania. 

 

8.3. The delivery of the Goods will be counter-cost or free of charge, depending on the conditions applicable to the Online Order. Before completing the Online Order, the Customer will be informed about the delivery methods and will be able to choose one of these methods. 

8.4. LaFantana reserves the right to delay or cancel deliveries of ordered Goods if they cannot be honored for reasons independent of LaFantana, which include but are not limited to government actions, impediments of force majeure, wars, acts of terrorism, protests, riots, civil disturbances, fires, explosions, floods, epidemics, strikes. 

8.5. If the Customer is not found at the mentioned address, the courier will return no more than 2 (two) times, after which the Goods will be returned, The Customer will bear the costs of a new shipment, regardless of the value of the ordered Goods. 

8.6. The Seller shall ensure proper packaging of the Goods and transmission of the Specifications and all relevant accompanying documents. 

 

  1. Billing – payment

9.1. The prices of the Goods displayed on the Site are in Lei and include VAT according to the legislation in force. 

9.2. The Seller will issue to the Customer an invoice for the delivered Goods, the Customer must provide all the information required under the legislation in force for the issuance of the invoice by the Seller. 

9.3. The Seller will send to the Customer the invoice related to the Online Order containing Goods sold by LaFantana.ro, in material format (on paper), upon delivery of the Goods and/or in electronic format (by electronic mail, to the e-mail address mentioned by the Customer in his Account). 

 

  1. Warranties

10.1. All Products marketed by LaFantana.ro benefit from warranty conditions following the legislation in force and the commercial policies of the manufacturers. 

7.2. In the case of Goods sold and delivered by LaFantana to which a warranty is attached, the Customer will receive upon delivery for each Good benefiting from the warranty a warranty certificate with all the details of the service center that ensures repairs during the warranty period. The warranty of the Goods purchased through LaFantana or from partners of the Seller is provided by the authorized service mentioned on the warranty certificate related to the Goods or by the Seller. 

10.3. In the case of warranty certificates issued by manufacturers, the Goods claimed defective during the warranty period must be presented directly or sent by courier to the La Fantana service center, communicated by the Seller. This center authorized by the manufacturer will take full responsibility for resolving the warranty. 

10.4. The absence of the warranty certificate of the Goods upon delivery must be reported within 48 (forty-eight) hours of receipt of the Goods, by sending a notification to the Seller's e-mail address and the Seller's registered office. Any referral after the 48 (forty-eight) hour deadline will not be considered. 

 

  1. Intellectual Property

11.1. "La Fantana" and other signs, and logos are registered trademarks of La Fantana SRL. 

11.2. La Fantana's trademarks may not be used in connection with any product or service not related to La Fantana unless prior written authorization is obtained from La Fantana. 

 

11.3. All other trademarks that are not owned by La Fantana but appear on this Site are the property of their owner who may or may not be in contractual relations with La Fantana and/or its affiliates 

11.4. Unless otherwise provided, the Site, including all its content, such as design, text, graphics, logos, images, audio clips, as well as other aspects related to the Site and content, respectively, are protected by copyright and intellectual property legislation in force and are the property of La Fantana or the providers of that content. All these rights are reserved. 

11.5. The posting by Users on the Site does not constitute a derogation by us from any right over or in connection with the Site. Other than as expressly granted herein, you acquire no right, title, or interest in or to our Site. 

11.6. All software used on this Site is the property of La Fantana. All content of the software, its development, and the software as a whole are protected by copyright law. Any other use, including reproduction, modification, distribution, transmission, republication, display, or execution of the content of this website is not permitted without obtaining the prior written consent of La Fantana 

11.7. The intellectual property rights in trade names, trademarks, service marks, copyrights, and other proprietary rights related to the Goods, which are the property of LaFantana or LaFantana's licensors shall remain the exclusive property of LaFantana or, as the case may be, LaFantana's licensors and the Customer shall have no claim thereto during the term of this Agreement or thereafter. 

11.8. The User / Client will not act in any way that could prejudice the rights provided in art. 11.7 above. The Customer undertakes not to use in his activity any sign or name similar or identical to the trademarks, or trade names of the Goods, either as part of the name or as the name of his company or in any other way. 

11.9. All information on the Site, which can be visited, viewed or otherwise accessed by using electronic equipment (including, but not limited to images, text, logos, and symbols), the content of emails sent to the Customer by the Seller, any information communicated by any means by an employee/collaborator of the Seller, the Customer, data relating to the Seller, or other privileged data thereof are the exclusive property of LaFantana. The Client may copy, transfer, and/or use such data only for personal or non-commercial purposes and only if it does not conflict with the provisions of this document. 

 11.10. To report potential copyright infringement, please use juridic@lafantana.ro. 

 

  1. Right of unilateral denunciation (withdrawal)

12.1. The Client has the right to unilaterally terminate the Contract, within 14 calendar days, without having to justify the withdrawal decision and without incurring costs other than those established by law. The withdrawal period expires within 14 calendar days from: 

(i) the date of conclusion of the Contract, in the case of Contracts having as object the provision of services; 

(ii) the day on which the Customer or a third party other than the carrier and indicated by the Customer takes physical possession of the Goods, or: 

  • If the Customer makes a single Online Order for multiple Goods to be delivered separately, the day on which the Customer or a third party other than the carrier and indicated by the Customer takes physical possession of the last Good; 
  • In the case of Contracts for the periodic delivery of Goods for a fixed period, the day on which the Customer or a third party other than the carrier and indicated by the Customer takes physical possession of the first Good. 

12.2. To exercise the right of withdrawal, the Client informs LaFantana.ro about his decision to withdraw from the Contract. for this purpose, the Customer may choose one of the following: 

 

(i) Send to the registered office of the Seller or the e-mail address in the "Contact" section of the Site an unequivocal statement in which it expresses its decision to withdraw from the Contract; 

(ii) Send to the registered office of the Seller or the e-mail address office@lafantana.ro a form with the following content: 

To La Fantana S.R.L., 

Company based in B-dul Garii Obor nr. 8C, Sector 2, Bucharest, Romania, registered with the Trade Register Office under no. J40/1198/2016, having the Unique Registration Code RO 35534516 

'I hereby inform you of my withdrawal from the Contract relating to the sale of the following goods: ................................................................ ordered on ................................ received on ............................. 

Name of consumer: ................................................................................................................................................ 

Consumer address: ................................................................ ................................ 

Account in which I want to be refunded the value of the purchase: .................................................................................................................................... 

Bank:......................................................................................................... 

Signature of the consumer (only if this form is sent to the Seller on paper): ............ 

Date: ................." 

12.3. The exercise by the Client of the right of withdrawal terminates the obligations of the Customer and the Seller, as the case may be: 

(i) to perform the Agreement; 

(ii) to conclude a Contract, if the Customer has placed an Online Order. 

12.4. Unless LaFantana has offered to recover the Goods, the Customer returns the Goods or hands them over to LaFantana or to a person authorized by it to receive the Goods, without undue delay and within 14 calendar days from the date on which the Customer communicated to LaFantana his decision to withdraw from the Contract. The deadline is observed if the Goods are sent by the Customer to the Seller before the expiry of the period of 14 calendar days. 

12.5. The Customer bears only the direct costs related to the return of the Goods. 

12.6. LaFantana reimburses all amounts received as payment from the Client without undue delay and in any case no later than 14 days from the date on which it is informed of the Client's decision to withdraw from the Contract. 

12.7. To return the value of the goods, according to the law, the amount is returned within 14 days. The Seller will be able to make the payment in a shorter term than the one mentioned if at the time of submitting the RMA application, the Client fills in the bank account, personal numerical code, or identification code of the company. For orders paid through a bank account, the return of the value of the product is possible only in the same account from which the payment was made. 

12.8. LaFantana is not obliged to reimburse additional costs if the Customer has explicitly chosen a type of delivery other than the standard delivery offered by the Seller. LaFantana may postpone reimbursement until the date of receipt of the Goods that were the subject of the Contract or until the moment of receipt of proof from the Customer that he has sent the Goods to LaFantana, whichever is earlier. 

12.9. The right of withdrawal is not ensured in the case of: 

  • Service contracts, after the full provision of services, if the execution began with the express prior consent of the Client and after he has confirmed that he has become aware that he will lose his right of withdrawal after the full execution of the Agreement by the Seller; 
  • the supply of sealed Goods which cannot be returned for health protection or hygiene reasons and which have been unsealed by the Customer; 
  • the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other elements. 

12.10. Conditions for return within 14 days from the moment of receipt: 

  • The product must be in new condition, without wear, scratches, chipping, bumps, or vices caused by an external shock. 
  • Water and coffee products must be returned in their original packaging, without having been unsealed, together with all accessories received and a copy of the invoice. The equipment (espresso machines, coffee machines, etc.) will be accompanied by the accessories received, a copy of the invoice, and the warranty certificate. 
  • All these must be properly packed to protect them against possible damage during transport. Missing or damaging labels, and markings on products may result in refusal of the return request. 
  • For promotional items and packages, all included products and/or services must be returned together. If a service included in the promotion and/or package has been used or if the promotion and/or package includes a non-refundable item, the full sale value of that service and/or non-refundable item will be deducted from the refunded value. When a package is purchased and only part of it is returned, the discount for the package is lost and, from the refunded value, the discount granted for the purchase of the package will also be deducted. 

Failure to comply with these conditions may result in the application of a compliance fee or refusal of the return request. If the product is returned in a condition in which it can no longer be sold as new, the Seller may demand the value for restoration to its original state. This decision will be communicated based on an aesthetic and technical finding of the returned product. 

 

  1. Advertising

13.1. The Customer expresses his express consent to receive commercial communications by electronic mail, allowing such communications from the Seller or his collaborators to be made by derogation from the requirement of identification in the subject by the term "ADVERTISING". The Customer may at any time revoke the consent to commercial communications from the Seller by sending a request to this effect to the Seller. The revocation shall take effect no later than 48 (forty-eight) hours from the date of its receipt by the Seller. This procedure will be mentioned in all commercial communications sent by the Seller to Customers. 

13.2. LaFantana newsletters are sent through specialized partners agreed by LaFantana. 

13.3. Renouncing the receipt of Newsletters by the Client can be done at any time by accessing the dedicated link found in any Newsletter. 

13.4. The Client's renunciation of receiving the Newsletters does not imply waiving the acceptance given for the rest of the content of these conditions and terms regarding the online sales of LaFantana 

 

 

  1. Liability

14.1. The Seller is not liable for any damages that the Customer or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the Online Order, nor for damages resulting from improper use of the Goods after delivery and in particular for their loss. To the extent that the limitation of liability according to the above is not possible under the applicable laws, the Seller will be liable for any damage caused to the Customer only up to the value of the Goods that formed the object of the Online Order and generated the event causing damage. 

14.2. The Client is responsible for keeping the username and password related to the Account safe, being solely responsible in case of fraudulent use of these attributes as a result of transmitting the username and/or password to a third party voluntarily or as a result of his fault. 

 

  1. Contact, written communications, notifications. Complaints

15.1. For notifications or complaints related to the Purchased Goods or regarding our terms and conditions, a La Fantana product, service, or any other aspect, the Customer has at his disposal the contact form within the Site or can contact La Fantana through Customer Service at the Contact details provided on the Site, as well as e-mail, at contact@lafantana.ro. 

15.2. The notifications thus received will be analyzed by the Seller within 5 (five) working days from their receipt, and as soon as they are settled, an answer will be communicated to the Customer. 

15.3. La Fantana may send an individual notification either to the e-mail address or postal address provided or in case of general notice sent to all our Users or customers by posting information on the Site, in an appropriate manner. 

 

  1. Communication of commercial events and actions

16.1. La Fantana can run advertising campaigns and/or commercial actions at any time in any section of the site. The campaigns and promotional actions carried out do not require the consent of the Site Users. 

16.2. The modification of any element’s incident to advertising campaigns and/or promotions does not require in any way the consent of the Users and can be made at any time, without any prior notice. 

 

  1. Exclusion and Limitation of Liability at the LA FANTANA

17.1. Subject to the following section, we, in our sole capacity and on behalf of our affiliates, exclude any liability (whether under contract or any other basis) arising out of or in connection with your access to or use of our Website or any website to which it is linked, to the extent permitted by applicable law. This exclusion applies to, but is not limited to: 

- damages caused by the unavailability of the Site or technical defects of the Site, 

- loss of data, 

- losses caused by denial of service attacks, viruses, or other technologically harmful material, 

- loss of income or profit or anticipated savings, 

- losses resulting from circumstances beyond our reasonable control and losses that are not reasonably foreseeable. 

 

  1. Promotions

18.1 Promotional codes offered by La Fantana through any promotions are valid exclusively for the section mentioned in the code transmission email unless otherwise specified. It is worth mentioning that some products are included in the category of "Exceptions", products on which promotional codes cannot be applied, but are purchased at the price displayed on the site. Promotional codes can only be used when placing the Order, they cannot be used to reduce the value of the Order after it has been placed. 

18.2. Only one promotional code can be used in an Order, the Order page does not allow the use of multiple codes in the same Order. For eligibility for a promotion, the value of shipping is not taken into account, unless otherwise specified. Promotions aimed at free or reducing the cost of transport apply to each delivery. 

18.3 If a promotional code has been applied to an Order that could not be honored or has been canceled for any reason, the Customer has the right to request the reactivation of that promotional code exclusively in writing, by an e-mail to marketing@lafantana.ro address, containing the Order id, its status, the Customer's name and promotional code. They are reactivated for a maximum period of 30 calendar days. 

18.4. Promotions lafantana.ro do not cumulate with each other, the highest discount applies. This applies to any form of discount (loyalty cards, promotional codes, gift vouchers, percentage discounts on the site, etc.) as a rule, unless otherwise mentioned in the promotion. Also, in the case of the existence of percentage vouchers, the holder of such voucher cannot benefit from the cumulative discount conferred by applying the percentage voucher to the discount already existing within a promotion. Some promotional campaigns do not cumulate with other discounts, promotions, or loyalty actions. This is specified in the rules of the respective campaign. 

18.5. La Fantana establishes unilaterally or in collaboration with certain of its suppliers the regulations of promotions and contests that it organizes on lafantana.ro, these being published exclusively on the site. Promotions are applied to Orders that fully comply with the rules displayed on the site, within the mentioned validity period, and within the limit of available stock. La Fantana does not guarantee the stock availability of products for the entire promotion period and may withdraw the promotion without prior notice. 

 

  1. Use and processing of personal data of natural persons

19.1. The Seller puts in place appropriate technical and organizational measures to ensure the security of personal data processing. 

19.2. LaFantana is registered in the Personal Data Processing Register under number 11451 and processes personal data by Law 677/2001 on the protection of individuals concerning the processing of personal data and the free movement of such data and relevant secondary legislation. 

19.3. The personal data of individual Customers (at least: name, surname, personal numeric code, series and number of identity documents, e-mail address, telephone number, domicile) are collected for the following purposes that those Customers accept and express their agreement to their fulfillment: fulfilling the Online Order, informing Customers about the status of their Account, informing Customers about the evolution and status of Online Orders,  evaluation of the Goods offered, commercial activity, promotion of the Goods, marketing, advertising, media, administrative, development, market research, statistics, tracking and monitoring of sales and customer behavior, as well as registration in one or more registers of subscribers. 

19.4. By filling in the data in the account creation form and/or in the Online Order, the Customer declares and accepts unconditionally that his data be included in the LaFantana.ro database and expressly and unequivocally agrees that all such personal data be stored, used and processed by LaFantana.ro, their affiliates, and collaborators for the development and/or development,  under the law, by those mentioned above activities such as, but not limited to, commercial activities, promotion of products and services, marketing, advertising, media, administrative, development, market research, statistics, tracking and monitoring sales and consumer behavior. Also, the Customer expressly and unequivocally agrees that these personal data may be transferred to the Seller's affiliates as well as to other entities in Romania or other states, in compliance with the requirements provided by the relevant legislation. 

19.5. The individual client is guaranteed the rights provided by law, namely the right to information, the right of access to data, the right of intervention, the right of opposition, the right not to be subject to an individual decision, the right to appeal to justice in case of violation of the rights guaranteed by Law 677/2001 on the protection of individuals concerning the processing of personal data and the free movement of such data. 

19.6. Based on a written, dated, signed, and sent request to the registered office of the Seller, the Customer may exercise, free of charge for one request per year, the right to be confirmed that his data is processed or not by the Seller. Also, through a similar request sent to the same coordinates, the Client may exercise his right to intervene on the data, as follows: 

(i) Rectification, updating, blocking, or deletion of data whose processing does not comply with Law 677/2001 on the protection of individuals concerning the processing of personal data and the free movement of such data, especially incomplete or inaccurate data; 

(ii) Transformation into anonymous data of data whose processing does not comply with Law no. 677/2001 for the protection of individuals about the processing of personal data and the free movement of such data; 

19.7. Personal data or information on Online Orders may be provided, upon request, to investigation and criminal prosecution bodies or courts or other institutions benefiting from such prerogatives established by law. 

19.8. The LaFantana.ro cookie policy serves exclusively for the proper functioning of the Site; this tool is being used by the legal provisions. 


  1. Force Majeure

20.1. Neither the Seller nor the Customer shall be liable for non-performance of its contractual obligations, if such failure to perform on time and/or properly, total, or partial, is due to a force majeure event as defined by the Romanian Civil Code. 

20.2. If within 15 (fifteen) days from the date of occurrence of the force majeure event, that event does not cease, any of the Seller or Customer shall be entitled to notify the other party of the full termination of the Agreement without any of them being able to claim damages from the other. 

 

  1. 21. Applicable Law – Jurisdiction

21.1. This Agreement is subject to Romanian law. Any disputes arising between LaFantana.ro and Clients will be settled amicably or, if it is not possible, the disputes will be settled by the competent Romanian courts according to the law. 

 

  1. Information on WEEE

22.1 Waste electrical and electronic equipment (WEEE) may contain hazardous substances that harm the environment and human health if they are not collected selectively. 

22.2 Taking into account the provisions of GEO no. 195/2005 – regarding environmental protection and GD nr. 1037/2010 regarding waste electrical and electronic equipment, Customers will consider the following: 

- Customers have the obligation not to dispose of WEEE as unsorted municipal waste and to collect them selectively; 

- The collection of WEEE will be carried out through selective collection points made available by the authorities of the administrative-territorial units, which have the obligation according to Art. 5 paragraph 1) of GD 448/2005 to collect separately WEEE from private households and to provide producers with the necessary spaces for the establishment of WEEE collection points; 

- Customers can return WEEE free of charge to the collection points specified at the time of purchase of a new product from the same category; Thus, LaFantana.ro applies the policy of collecting WEEE in the system of taking over the equipment one-to-one, according to the legislation in force, if the equipment handed over is equivalent and has fulfilled the same functions as the newly supplied equipment. 

22.3. The symbol indicating that electrical and electronic equipment is subject to separate collection is a crossed-out wheeled bin with two X-shaped lines, as shown below. 

22.4 This pictogram indicates that WEEE is not to be mixed with household waste and is subject to separate collection. 

 

  1. Terms and conditions for publishing product opinions/reviews

23.1. Opinions, comments, and reviews of Users / Clients are very important for La Fantana and for all users of the site, so through this section, we want to make transparent our objectives. The opinions of Users / Customers are carefully analyzed by La Fântâna employees; Some of this will be limited under the policies described below. 

23.2. La Fantana reserves the right not to publish the following categories of opinions/reviews: