Terms of service

TERMS OF USE

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Introduction

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Thank you for choosing to use our website https://Potterygems.com (the “Website”).

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If you do not agree to the Termsand Conditions, you should not use this website.Please read the Termsand Conditions and all other policies published on this website carefully before performing any transaction through this website, as they contain important information about your legal rights, binding conditions and legal obligations for using the services we provide to you.

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https://Potterygems.com – This site isowned and operated by S.C. AISURU S.R.L., a legal entity of Romanian nationality (operating in accordance with Romanian law), with registered office inBucharest, Samuil Vulcan Street, no.12D, Building A, 2nd floor, room 12, sector 5, postal code 051701,Romania, with order number in the Trade Register J40/8004/2021, unique tax registration code 44219828, e-mail address:contact@Potterygems.com

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The Potterygems.comwebsite can be accessed free of charge, and simply browsing its pages is not conditionalon registering as a user (creating a user account on the Site). However, in order to benefit from certain services offered by the Site, such as purchasing products offered by the Site, receiving the Potterygems.com newsletter or to check the status of some of your orders, you will have to register as a user (create a user account on the Site). By registering as a user, you agree to theTerms and Conditions ofUse of the Potterygems.comsiteand to thePrivacy Policy. These regulations constitute the contractual basis of the relationship between Users and the Company.

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Definitions ofterms used

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In the Termsand Conditions, the following terms shall have the following meanings:

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Seller–https://Potterygems.com (S.C. AISURU S.R.L.)

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User– may be any natural person who is at least 18 years of age, legal person or any legal entity that has orobtains access to the CONTENT, by any means of communication madeavailable by Potterygems.com(electronic, telephonic, etc.) or based on an existing user agreementbetween Potterygems.comand the user, which requires the creation and use of an Account. OBS: If Users are minors, they may use the Site and all of its functionalities only if and to theextent that the use of the Site is authorized and under the strict supervision of the holder of parental responsibility over the child.

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Buyer/Customer– A user (as defined above) who places at leastone Order.

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Goods and Services– any product or service listed on the Website, including the products and services mentionedin the Order, to be supplied by the Seller to the Buyer as a result of the Contract.

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Campaign– the action of exhibitingfor commercial purposes, a finite number of Goods and/or Services with a limited and predefined stock, for a limited period of time setby the Seller.

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Order– An electronic document that intervenes as a form of communicationbetween the Seller and the Buyer whereby the Buyer transmits to the Seller, through the Site, his intentionto purchase Goods and/or Services from the Site.

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Comment– a critical judgment or observation on a Review or other comment.

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CommercialCommunications– any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containinggeneral and thematic information, information on products similar or complementary to the ones you have purchased, information on offers or promotions, information on Goods and Services added to the“Account/My Cart” or“Account/Favorites” section as well as other commercial communications such as market research and opinion polls.

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Consent ofthe data subject – Means any freely given, specific, informed and unambiguous indication of the data subject’s free, specific, informed and unambiguous will by which the data subject signifies his or her agreement, by an unambiguous statement or action, to personal data relating to him or her being processed;

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Account– the section of the Site consisting of an e-mail addressand a password that allows the Buyer to submit Orders and contains information about the Customer/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods, etc.). The User is responsible and shall ensure that all information entered when creating the Account is correct, complete and up to date.

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Content– is:

all information on the Site that can be visited, viewed or otherwise accessed through the use of electronic equipment;
the content of any e-mail sent to Buyers by Seller by electronic means and/or any other available means of communication;
anyinformation communicated by any means whatsoever by an employee/collaborator of the Seller to the Buyer, in accordance with the contact information, whether or not specified by the latter;
information related to the Goods and/or Services and/or prices charged by the Seller in a given period;
information related to the Goods and/or Services and/or the tariffs practiced bya third party with which the Seller has concluded partnership agreements, in a given period;
data relating to the Seller, or any other privileged data of the Seller.

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Distance contract– According to the definition contained in GEO 34 of 4 June 2014 on consumer rights in contracts concluded with professionals, as well as amending and supplementing some normative acts Article 2, point 7, as it transposed Directive 2011/83/EU on consumer rights: any contract concluded between the traderand the consumer in an organized distance sales or service-provision scheme, without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication, up to and including the time when the contract is concluded;

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Cookie–meansa small file,generally made up of letters and numbers, which is downloaded into the memory of a computer (or other equipment used for online browsing – mobile phone, tablet, etc) when the user accesses the website used in order to ensure faster and easier interaction between users and websites;

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My Cart– the section of the Account that allows the Buyer/User to add Goods or Services thatthey wish to purchase at the time of adding or at a later time; if the Goods or Services are not purchased at the time of adding by placing the Order, the Buyer/User will benefit from the service offered bytheSellerto track the Goods and Services by receiving Commercial Communications from the Seller.

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Personal data– means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;

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Document– These “Terms and Conditions”.

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Favorites– section of the Account that allows the Buyer/User to create Lists of Goods and Services that they wish to track for possible purchase using the service offered bytheSellerto track Goods and Services by receiving Commercial Communications from the Seller.

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Question– a form of addressto other Users/Customers/Customers with the purpose of obtaining information about the Goods or Services on the respective page.

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Link– meansa reference,link,navigation element in an electronic document to other parts of the same document, other documents or sections of other documents, to which a user is sent when accessing the navigation element;

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Lists– the section in Favorites where the Buyer/User can add Goods or Services that he/she wishes to watch for a possible purchase and subsequently delete them or add themto the shopping cart (“My Cart”). This section can only be viewed by the Account holder.

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Newsletter–means a periodic bulletin communicatedby Potterygems.com toits users who have expressly consented to receive such communications, containingnews, information about activities, projects, news and services provided by us to users of the site;

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Nickname– a nickname by which a particular User/Customer/Customer may add Content to the Site. The Nickname is associated with the User’s/Customer’s/Buyer’s information on the Site under the“User Name”.

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Personal data controller– means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;

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Processing of data– means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise makingavailable, alignment or combination, restriction, erasure or destruction;

RRP Price– Recommended Retail Price – is the information presented, for some products, next to the selling price (to the left of the selling price, in gray, in a smaller font than the selling price). For products that are offered for saleat RRP, the RRP is displayed as the selling price only. TheRRP priceis NOT a reference price used by Potterygems.comand should only be used as information/recommendation from the Potterygems.comsupplier. We are displaying this information for use in the comparative evaluation of the product and the customer understands that by marking, less obvious, this information is not likely to cause confusionand that, upon action of purchase and inMy Carthttps://Potterygems.com/cos/ the selling price charged for each product is clear.

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Answer– written information that is provided to the User/Customer/Buyer who has asked a Question on theSite, on the page of a specific Asset. The Answer isan explanation given by one User/Customer/Customer to another User/Customer/Customer in a discussion.

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Rating– a way of expressing the degree of satisfaction of a User/Customer/Purchaser with a product. The Rating is expressed in the form of stars, each Good can be rated from one star to five stars. This degree of satisfaction will always be associated with the review written by the User/Customer/Customer on a Good or Service.

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Review– a written evaluation bythe Customer/Buyer of a Good or Service, written based on theirpersonal experience and their ability to make qualitative comments and to say whether or not the Good or Service meets the specifications stated bythe manufacturer.

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Section– meansa section on the Potterygems.com website

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Service– Electronic commerce service conducted exclusively on the publicly available portions of the WEBSITE, in the sense of enabling the CUSTOMER to contract products and/or services, using exclusively electronic means, including other means of remote communication.

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Website– the online store hosted at the web address Potterygems.com and its subdomains.

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Spam– means any unsolicited commercial communication, prohibitedby law, as long as there is no explicit consent of the recipient (user). We do not encourage SPAM and will not resort to such communications to our users/customers;

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Specifications– all specifications and/or descriptions of the Goods and Services as set out in their description.

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Green stamp tax– the amount expressed in RON, paidbythe Seller to the company authorized to take over the operations of collection, transportationand recovery/recycling of waste electrical and electronic equipment, as required by the legislation in force.

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Transaction– the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by Potterygems.com to the Buyer, using the services of the Seller’s approved card processor, regardless of the delivery method.

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Visit– means any access by a person to our website.

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CONTRACTUAL DOCUMENTS

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3.1 By registering an Order on the Website, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts itsbusinessoperations.

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3.2. The notification received by the Buyer after the Order is for information purposes only and does not constitute acceptance of the Order. This notification is made electronically (e-mail) or by telephone.

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3.3. For justified reasons, the Seller reserves the right to change the quantity of the Goods and/or Services in the Order. If the quantity of the Goods and/or Services in the Order changes, it will notify the Buyer at the e-mail address or telephone number made available to the Seller when the Order was placed and will refund the amount paid.

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3.4. The contract is considered concludedbetween the Seller and the Buyer at the moment of receipt by the Buyerfrom the Seller, by electronic mail and / or SMS notification of dispatch of the Order.

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3.5. The documentand information made available bythe Seller on the Website shall form the basis of the Contract, in addition to the warranty certificateissued by the Seller or a supplier of the Seller, for the Goods purchased.

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ONLINE SALES POLICY

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4.1. Access to place an Order is allowed to any User/Customer over 18 years of age. For justified reasons Potterygems.com reserves the right to restrict the User’s/Customer’s access to place an Order and/or to some of the accepted payment methods, if it considers that based on the User’s/Customer’s conduct or activity on the Site, the User’s/Customer’s actions could in any way harm Potterygems.com. In any of these cases, the User/Customer may contact Potterygems.com’s Customer Relations Department in order to be informed of the reasons that have led to the application of the aforementioned measures.

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4.2. Communication with the Seller may take place through direct interaction with the Seller, or through the address mentionedin the“Contact” section of the Website. The Seller is free to handle the information received without having to justify it.

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4.3 In the event of an unusually high volume of traffic from an Internet network, Potterygems.com reserves the right to require Users/Customers to manually enter captchavalidation codes in orderto protect the information on the Website.

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4.4 Potterygems.com may publish on the Site information about Goods and/or Services and/or promotions practiced by it or by any other third party with which Potterygems.com has entered into partnership agreements, within a certain period of time and within the limit of available stock.

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4.5. All rates for Goods and/or Services presented on the Website are expressed in lei (RON) and include VAT.

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4.6. Under the conditions provided for by law, the price of the electronic Goods displayed on the Website includes the Green Stamp Tax. Should the User/Buyer request details of the exact amount added tothe price of the Good, he/she shall contact the Potterygems.com Customer Relations Department.

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4.7 In the case of online payments, the Seller is/cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the Buyer’s card issuing bank, in case the currency of issue of the card differs from RON. The Buyer shall be solely responsible for this action.

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4.8 Any information used to describe the Goods and/or Services available on the Website (static / dynamic images / multimedia presentations / etc.) does not representa contractual obligation on the part of the Seller, and is used solely for presentation purposes.

The products listed on the site are for presentation purposes only, and certain characteristics may differ from the pictures (color, appearance, …),depending on the information provided by the manufacturer. The Potterygems team tries to present the products as accurately and correctly as possible and torespect the accuracy of the information. However, https://Potterygems.com does not warrant that the description of the products and services and the content of this website is error-free.�

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ASSIGNMENTAND SUBCONTRACTING

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5.1. The Seller may assign and/or subcontract a third party for Services related to the fulfillment of the Order, with the Buyer’s prior notice, without the Buyer’s consent. The Seller shall always beliable to the Buyer for all contractual obligations.

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INTELLECTUAL AND INDUSTRIAL PROPERTY LAW

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6.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of Potterygems.com, which reserves all rights obtained in this regard directly or indirectly (through licenses of use and/or publication).

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6.2. The Customer/Buyer/Useris not permitted to copy, distribute, publish, transferto third parties, modify and/or otherwise alter, use, link to, display, display, include any Content in any context other than the original context intended by Potterygems.com, the inclusion of any Content outside of the Site, the removal of Potterygems.com’s copyright notices on the Content, and participation in the transfer, sale, distribution of any materials made by reproducing, modifying or displaying the Content, except with the express written consent of Potterygems.com.

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6.3. Any Content to which the Client/Customer/User has and/or obtains access by any means whatsoever, shall be subject to the Document, unless the Content is accompanied by a specific and valid user agreement between Potterygems.com and the Client/Customer/User, and without any implied or express warranty made by Potterygems.com with respect to that Content.

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6.4. The Customer/C Buyer/User may copy, transfer and/or use the Content solely for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.

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6.5. in the event that Potterygems.com grants to the Customer/Customer/User the right to use in the form described in a separate user agreement, a particular content, to which the Customer/Customer/User has or obtains access as a result of this agreement, this right extends only to that or those contentsdefined in the agreement, only for the period of its or those contents’ existence on the site or the period definedin the agreement, according to the termsdefined, if they exist and do not represent a contractual commitment on the part of Potterygems.com to the said Client/Customer/User or any other third party who has/gets access to such transferred content by any means whatsoever and who may be or is in any way harmed by such content during or after the expiration of the user agreement.

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6.6. No Content transmittedto the Customer/User/Buyer, by any means of communication (electronic, telephonic, etc.) or acquired by him/her by accessing, visiting and/or viewing it shall constitute a contractual obligation on the part of Potterygems.com and/or the Potterygems.com employee/employee who facilitated the transfer of the Content, if any, to such Content.

6.7 You may not use the Content for any purpose other than as expressly permitted by this Document or the accompanying user agreement, if any.

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ORDERS

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7.1. The Customer/Purchaser may place Orders on the Website by adding the desired Goods and/or Services tothe shopping cart, andfinalize the Order by making payment by one of the methods expressly indicated. Once added to the shopping cart, a Good and/or a Service is available for purchaseto the extent that stock is available for it. Adding a Good/Serviceto the shopping cart, without finalizing the Order (and therefore making payment), does not entail the registration of an order, and therefore does not automatically reserve the Good/Service.

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7.2 By finalizing the Order, the Customer / Buyer agrees that all data provided by it, necessary for the purchase process, are correct, complete and trueat the time of placing the Order.

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7.3. By finalizing the Order, the Customer/Buyer consents that the Seller may contact him/her, by any means available/agreed by the Seller, in any situation where it is necessary to contact the Buyer.

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7.4. The Seller may cancel the Order placedby the Customer/Contractor, upon prior notice to the Customer/Contractor, without any further obligation of eitherparty towards the other or without either party being able to claim damages from the other in the following cases:

7.4.1. the non-acceptance of the transaction by the bank issuing the Client’s card, in case ofonline payment;

7.4.2. invalidation of the transaction by Potterygems.com’s approved card processor, in case ofonline payment;

7.4.3. the data provided by the Client/C Buyer on the Website is incomplete and/or incorrect;

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7.5. The Customer/Buyer has the right to withdraw from the Contract, respectively to return a Good or to cancel a Service, within 14 calendar days, without giving any reason and without incurring any costs other than delivery costs. Thus, according to GEO no. 34/2014, the period for returning a Good or waiving a Service expires within 14 days from:

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the day on which the Customer/Buyer takes physical possession of the last Good – in case the Buyer orders in one single order multiple products to be delivered separately;
the day on which the Customer/Buyer takes physical possession of the last Good or the last part – in the case of delivery of a product consisting of several lots or parts.

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7.6. If the Client/Contractor decides to withdraw from the Contract, he/she will be able to fill in the online contact form available athttps://Potterygems.com/contact/Potterygems.com/contact/.

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7.7. If the Customer/Buyer withdraws from the Contract within the legal withdrawal period, he/she must also return any gifts that accompanied the product. If the Order is paid for, the Seller shall refund the amount within a maximum of 14 (fourteen) days from the date the Customer/Contractor informs the Seller of his/her decision to withdraw from the Contract. The amount will be refunded as follows:

            7.7.1. for Orders paid by credit card -> by refund to the account from which thepayment was made;
            7.7.2. for Orders paid by Op/iTransfer/ -> by bank transfer;
            7.7.3. for Orders paid by cash on delivery -> by refunding the value of the product to the bank account provided by the customer;

7.8 The Seller may postpone reimbursement until receipt of the Goods sold or until receipt of proof that the Goods have been dispatched, if the Seller has not offered to collect the Goods himself (whichever is the later date).

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7.9 If the Goods are returned in a condition in which they can no longer be sold as new (open packaging, missing accessories, damaged Goods, etc.), we reserve the right to charge a fee for returning the Goods to their original condition, as applicable, or to cover the price difference resulting from selling the product as resealed or, at the Buyer’s request, we will reship the Goods, with the delivery costs being borne bythe Customer/Buyer.

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Decrease in value of returned goods

Since, in the case of distance selling, the Customer/Purchaser does not have the opportunity to inspect the Goods prior to the conclusion of the contract, he/she has the right to withdraw from the contract. For the same reason, the Customer/Buyer is allowed to test and inspect the Goods he has purchased to theextent necessary to ascertain the nature, characteristics and functioning of the Goods.

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In order to determine the nature, characteristics and mode ofoperation of the Goods, the Customer/Buyer musthandle and inspect them in thesame way as they would be allowed to do in a real physical shop. For example: the Customer/Buyer is only required to try on an item of clothing, not to wear it on various occasions.

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The Customer/Buyer shall only be liable for any diminution in value of the Goods resulting from handling other than that necessary to determine the nature, qualities and functioning of the Goods. If the Client/Customer exercises the right of withdrawal after having used the Goods to an extent thatexceeds thelimit necessary to determine their nature, characteristics and functioning, the Client/Customer shall be liable for any diminution in value of the Goods.

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The accessories (user manuals, CDs, cables, etc.) contained in the box of the Goods and their original packaging are an integral part of the Goods. As a result, the Customer/C Purchaser is obliged, when exercising the right to withdraw from the contract, to return the Good in its original undamaged packaging, protected by wrapping with stretch plastic packaging foil or packed in a cardboard box (without labels affixed to it, without cuts, tears, etc.) and together with all its accessories.

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Returned goods showing signs of wear and tear (stains, scratches, bends, cracks, dents, dents, etc.) will be accepted only after bringing them back to conformity, involving the costs of sanitizing, cosmetizing,repairing, replacing any damaged parts and bringing them to a commercial form for sale as “Antiques”. The final valueshall be established on the basis of the value of the parts to be replacedand the value of the reconditioning labor, or as the difference between the original value of the new product and the resale value of the used product.

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Any diminution in the value of the Goods resulting from the handling of the Goods, other than that necessary to determine the nature, qualities and functioning of the Goods, shallbe the responsibility of the Customer/Buyer. For clarity, from the total price of the returned Goods, the Seller shall retain a sum of money representing the diminution in value of the Goods in the proportion of 5%-50% of the original value of the Goods, as applicable. The amount of the diminution shall be communicated to the Customer/Buyer upon receipt of the returned Goods.

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7.10. If a Good and/or Service ordered by the Client/Customer cannot be delivered by the Seller, the latter will inform the Client/Customer of this fact and will refund the Client/Customer the amount of the Good and/or Service,within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Client/Customer expressly expressed his/her intention to terminate the Contract.

7.11. The availability of an Asset will be displayed on the Site as follows:

“In stock” – we have more than 2-3 pieces in stock at Potterygems.com;
“Out of stock” – The good is no longer available in stock at Potterygems.com;
“Pre-Order” – The good is not available in Potterygems.com stock nor in the supplier’s stock. This will be done manually, in real time, after the order is placed and payment is recorded. These Goods are made to order, with an estimated lead time/preparation time stated for each individual Good. If, however, the Goods are already prepared in the Supplier’s stock, they will be packaged and delivered immediately to the Customer/Buyer. Upon registration of a firm “Pre-order” request, a consultant will contact the Client/Buyer for final confirmation.

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GOODS/SERVICES FOR WHICH THERIGHT OF WITHDRAWALIS NOT ENSURED

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8.1 The following are exempted from the right to withdraw from the Contract:

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8.1.1. contracts for the provision of services, after full performance of the services, if the performance has commenced with the express prior consent of the Client/Contractor and after the Client/Contractor has confirmed that he has become aware that he will lose his right of withdrawal after full performance of the Contract bythe Seller;

8.1.2. the supply of Goods and/or serviceswhose price depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;

8.1.3. supplying Goods made to the specifications submitted by the Customer/Buyer or clearly customized;

8.1.4. the supply of Goods which are liable to deteriorate or expire rapidly;

8.1.5. the supply of sealed Goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the Client/Customer;

8.1.6. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items;

8.1.7. the provision of digital content that is not delivered on a tangible medium, if the provision has commenced with the express prior consent of the Client/Customer and after the Client/Customer has confirmed that he/she has become aware that he/she will lose the right of withdrawal.

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PRIVACY

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9.1. Potterygems.comwillmaintain the confidentiality of the information of any nature that any User/Customer/Customer provides. Disclosure of the information provided may only be made under the conditions stated in this Document.

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9.2 No public statement, promotion, press release or any other form of disclosureto third parties shall be made by the Buyer/Customer in relation to the Order/Contract without the prior written consent of the Seller.

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9.3 By submitting any information or materials through this website, you grant the Seller unrestricted and irrevocable access to, use, reproduce, display, display, modify, transmit and distribute such materials or information. You also agree that the Seller mayfreely use, for its own purposes, such information, ideas, concepts, know-how or techniques that you send us through the Site. Potterygems.com shall not be subject to any obligations relating to the confidentiality of the information submitted, unless otherwise specified by applicable law.

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COMMERCIAL COMMUNICATIONS

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10.1. The Buyer/User/Customer may at any time change their consent to the Seller’s agreement toCommercialCommunications containing general and thematic information including information on offers or promotions as follows:

10.1.2. by contacting the Seller;

10.1.3. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller;

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10.2. By adding Goods or Services in the section of Account:

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“My Basket“, the Seller will send to the Buyer/User Commercial Communications regarding:

change the price of Goods or Services added in the“MyCart” section;
recommendations of Goods or Services similar to those added in the“MyCart” section;
the existence of Goods or Services in the“MyCart” section;
stock availability of Goods or Services added in the“MyCart” section.

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“Favorites“, the Seller will send to the Buyer/User Commercial Communications regarding:

change the price of Goods or Services added in the“Favorites” section;
to recommendations of Goods or Services similar to those added in the“Favorites” section;
stock availability of Goods or Services added in the“Favorites” section.

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10.3. Following the purchase of a Good or Service, the Seller will send the Buyer/Customer Commercial Communications to the Buyer/Customer with suggestions of recommended Goods or Services to be used in conjunction with the purchased Good or Service.

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10.4 In addition, in order to improve the offer of Goods and Servicesand the shopping experience, we will use User/Customer data to conduct market research and opinion polls. The information obtained from such market research and opinion polls will not be used for advertising purposes but only for the purposes mentioned above. User/Customer responses to market research and opinion polls will not be associated with the identity of the User/Customer, nor will they be passed onto third parties or published. You may object to the use of your data for market research and opinion polling purposes at any time by accessing the unsubscribe link displayed in the message or by contacting Potterygems.com.

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INVOICING– PAYMENT

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11.1. The prices of Goods and Services displayed on the website https://Potterygems.com include VAT in accordance with the legislation in force.

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11.2 The price, method of payment and payment term are specified in each Order. The Seller will issue to the Buyeran invoice for the Goods and Services delivered, the obligation of the Customer/Buyer being to provide all the information necessary to issue the invoice in accordance with the legislation in force.

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11.3. The Seller will send to the Customer/Buyer the invoice for the Order containing Goods and/or Services sold by Potterygems.com, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer’s Account or by electronic mail, to the e-mail address mentionedby the Customer/Buyer in his/her Account.

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11.4. In order to correct a communication of the invoice related to the Order, the Buyeris obliged to update, whenever necessary, the data in its Account and to access the information and documents related to eachOrder, existing in the Account.

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11.5. Through this means of communication, the Buyer, by accessing his Account, will havea record of the invoices issued by Potterygems.com, being able to save and archive them at any time.

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11.6. By submitting the Order, the Customer/Buyer agrees to receive the invoices in electronic format, by Potterygems.com adding them to his/her Account, or by electronic mail, to the e-mail address mentioned in his/her Account.

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11.7. If this information is unavailable for more than 48 (forty-seven) hoursin Cont Cont, please notify us by e-mail:contact@Potterygems.com

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11.8 The Customer’s/Purchaser’s payment card data will not be accessible by Potterygems.com nor stored by Potterygems.com or by thepayment processorintegrated in the Website, but onlyby the Transaction authorizing institution or other entity authorized to provide card identification data storage services, of whose identity the Customer/Purchaser will be informed, prior to data entry.

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11.9 In some cases, in order to maintain the security of the Transactions, when registering the Order, the Customer / Buyer will be asked to authorize the payment by re-entering the password related to the Account or by using the fingerprint, in case of mobile terminals that have this feature.

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11.10. For Transaction security reasons the Client/Customer is advised not to remain logged in on the Website and not to set the automatic login option on mobile devices. Disclosure of the password to access the Account is not permitted and it is recommended to use a strong security password (e.g. containing at least eight characters, includinguppercase letters, lowercase letters, digits and special characters).

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11.11. Payment can be made online with your personal or company credit card in complete security. The cards accepted for payment are VISA (Classicand Electron) and MASTERCARD (including Maestro, if CVV2/CVC2). No additional transaction fees are charged. Card data processing is done exclusively onEuPlătesc.ro. The security of the Client/Customer information is guaranteed by the fact thatEuPlătesc.ro does not store the Customer’s/Corrower’s confidential card data, but sends it encrypted over a secure connection to the processing bank. In this way the information of the Client/Corrower is safe. Regardless of the currency you havein youraccount, transactions are made in lei, at the exchange rate of your bank.

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11.12. For bank card payments, the transactionwill appear on the statement as Potterygems.com

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DELIVERY OF GOODS

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12.1 The terms of delivery of the Goods and Services sold by Potterygems.com can be found in the Packaging and Deliverysection.

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12.2. The Seller shall ensure proper packaging of the Goods and shall ensure the transmission of accompanying documents, if applicable (such as instructions for use, warranties, etc.). Invoices will be sent exclusively online.

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12.3 The Seller shall deliver the Goods and Services only within Romania.

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12.4 In case of return, for orders paid by credit card, the amount will be returned on the same card used for the transaction, within 3-30 days after the acceptance of the return.

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12.5. In the case of products damaged in transit (the main condition being that there is clear and relevant evidence from the Client/Buyer):

A: The Customer/Buyer will receive, in exchange, the same products in a future order or upon request. Transportation costs will be borne by the Buyer in both cases.

B: The Client/Buyer will receive the value of the products in the bank account offered by the Client/Buyer or in cash at the address offered by the Client/Buyer, the cost of transportation of the money being borne by the Buyer.

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GUARANTEES

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13.1. All Goods sold by Potterygems.com, with the exception of “Antiquarian” Goods,benefitfrom warranty conditionsin accordance with the legislation in force and the commercial policies of the manufacturers. The Goods are new (with the exception of “Antiquarian” Goods), in their original packaging and come from sources authorized by each manufacturer.

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13.2 In the case of Goods soldand delivered by Potterygems.com, warrantycertificates are issued directly by the manufacturer, if applicable.

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13.3. In order to correctly communicate the warranty certificate (if applicable) related to the Goods in the Order, the Customer/C Buyeris obliged to update, whenever necessary, the data in his/her Account and to access the information and documents related to each Order, existing in the Account.

In case this information is unavailable for 48 (forty-seven) hours in your customer account, please notify us by e-mail:contact@Potterygems.com.

The absence of the warranty certificate of the Goods (only where applicable) must be reported within 48 (forty-seven) hours of receipt of the Goods tocontact@Potterygems.com. Any further complaints will not be taken intoconsideration.

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TRANSFER OFOWNERSHIP OF GOODS

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14.1 The ownership of the Goods will be transferred upon delivery, after payment by the Customer/Buyer, at the location indicatedin the Order (by delivery we mean – the signature of receipt of the transportation document provided by the courier or the signature of receipt on the invoice in case of deliveries made by the Seller’s staff).

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ANSWER

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15.1 The Seller shall not be liable for damages of any kind that the Customer/Buyer or any third party may suffer as a result of the performancebytheSeller of any of its obligations under the Order and for damages resulting from the use of the Goods and Services afterdelivery and in particular for loss thereof.

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15.2 By creating and using the Account, the User/Buyer assumes responsibility for maintainingthe confidentiality of the Account data (userand password) and for managing the access to the Account, and, to the extent permittedby applicable law, is responsible for the activity carried out through his/her Account.

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15.3 By creating the Account and/or using the Content and/or placing Orders, the Customer/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Website in the last updated version that is communicated on the Website, existing atthe date of creating the Account and/or using the Content and/or placing the Order.

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15.4 The Seller reserves the right to update and amend the Terms and Conditions of the Website from time to time to reflect any changes in the manner and conditions of operation of the Website or any changes in legal requirements. The document is enforceable against Customers/ Users/ Buyers from the time of posting on the Site. In the event of any such changes, we will post the amended version of the Document on the Site, so please check the contents of this Documentperiodically.

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WRITINGREVIEWS, COMMENTS,QUESTIONSand/or ANSWERS

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16.1. Users/Customers/Buyers can write Reviews/Comments, Questionsand Answers in the“Reviews” section (within each product on the website). The information can be both positive andnegative and will refer to the characteristics and the way of using a product or service. Reviews can only be given by a Customer/Customer who purchases the product.

16.2. By registering a particular Review/Comment/Comment/Question/Answer on the Website, Customers/Purchasers grant to the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited, non-exclusive, perpetual, irrevocable, irrevocable license and grant the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.

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16.3. Each Client/Customer, at the time of enteringa Review/Comment/Question/Answerin the mentioned sections, undertakes torespect the following rules:

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to refer only to the features and/or how to use a particular product or service, avoiding information related to aspects that may change (price or promotional offers) or information related to how the Order is carried out;
use only the Romanian language. Words or expressions that, although not considered Romanian, are widely used in all environments related to the field (e.g. mouse, notebook, plug & play) are also allowed;
use appropriate, non-offensive language, without terms that may offend or harm any other User/Customer/Customer;
to ensure the correct framing ofthe content entered on the Site as follows: any Review will only be entered in the“Reviews” section;
ensure that the information entered by them is factual, accurate, not misleading and in compliance with applicable laws, including respecting other parties’ rights, including the rights of others, copyright, trademark, trademark, license or other proprietary rights, publicity or privacy;
to use this facility only to communicate or obtain further details about a particular product or service on the Site, withoutreference to other companies promoting the sale and purchase of similar products or services;
not to provide or request, in any way or to any extent, personal data (contact details, delivery or home address information, telephone numbers, e-mail addresses, name and/or surname, etc.) or any other information that may lead to the disclosure of such personal data;
not to submit information and/or details of URLs (links) from other commercial websites that carry out the same commercial activity as the Seller;
not to attempt to defraud the services providedbythe Seller or to post Reviews/Comments/Questions/Answers containing advertisingmaterial;
not to use the Review/Comment/Question/Answer as a means of communication with the Seller, for this purpose the contact details of the Seller registered on the Website will be used.

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16.4. In addition to a realistic critical evaluation, at the time of submitting a Review, the Client/Customer will also add a Rating relevant to the product or service. The Reviews, together with their corresponding Ratings, will influence the overall Rating of the product or service, which number appears next to their title. Thus, a Review accompanied by a high Rating leads to an increase in the overall Rating, and a Review accompanied by a low Rating leads to a decrease in the overall Rating.

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Customers / Buyers who submit Reviews to which they attach photo or video files will respect the following rules:

uploaded fileswill contain images and/or videos that relate to the product or service for which the Review is being written, making sure that the uploaded files respect copyrights;
uploaded files will notcontain violence, adult content, profanity, licentious language, or other content that offends a person/group on the basis of race or ethnicity, religion, disability, gender, age, veteran status, sexual or political orientation;
uploaded files will not contain information about other people;
uploaded files will not contain URLs or watermarks to sites that carry out the same commercial activity as the Seller.

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16.5 When a Review/Comment/Comment/Question or Response is flagged by a Customer/Customer ashaving inappropriate content, from a strictly subjective perspective, such content is carefully examined bythe Seller to determine whetherit violates the Terms and Conditions ofthe Website. Submitted text, photos or videos are removed from the Site only after review by the Seller.

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16.6. if the Seller finds that the Terms and Conditions have been repeatedly breached, the Seller reserves the right to suspend the Customer’s / Buyer’s ability to submit Reviews/Comments / Questions / Answers.

For complaints or claims related to the purchased Good and/or Service, Customers/Customers have at their disposal the Contact form on the Website:https://Potterygems.com/contact. The maximum deadline for resolving complaints or complaints is 30 calendar days from their receipt.

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PROCESSING OF PERSONAL DATA

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17.1 Please read the Privacy Policy on the processing of personal data, which forms part of this Document.

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USE OF COOKIES

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18.1 Please read the Cookies Policy, which forms part of this Document.

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MAJOR FORCE

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19.1 Neither party shall be liable for failure to perform its contractual obligations, if such failure to perform on time and/or properly, in whole or in part, is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties which cannot be avoided.

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19.2 If, within 15 (fifteen) days from the date of the occurrence of the event, the event does not cease, either party shall be entitled to notify the other party of the termination of the contract, without either party being entitled to claim any other damages from the other party.

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APPLICABLE LAW– JURISDICTION

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20.1 This contract is subject to Romanian law. Any disputes arisingbetween the Seller and Users/Customers/Customers will be settled amicably or, if this is not possible, the disputes will be settledby thecompetent Romanian courts inBucharest.

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Aisuru S.R.L.

București

România

CUI: 44219828

Tel: +40791 500 388

Email: contact@potterygems.com

Privacy Policy

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Refund and Return policy

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