Terms of service
OVERVIEW
This website is operated by Vilegiatura. Throughout the site, the terms “we”, “us” and “our” refer to Vilegiatura. Vilegiatura offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Vilegiatura, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vilegiatura and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Romania.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at orders@vilegiatura.com.
Our contact information is posted below:
[INSERT TRADING NAME]
orders@vilegiatura.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]
GENERAL TERMS AND CONDITIONS
1. GENERAL PROVISIONS
1.1. The ”General Terms and Conditions” (hereinafter referred to as GTC) have the purpose to outline the rules and guidelines governing the use of the www.vilegiatura.com website.
1.2. The website owner and operator is VILEGIATURA STUDIO SRL, established in Cluj-Napoca city, Bulevardul Muncii street, no. 101, block A1, staircase 2, floor 2, ap. 93, Cluj County, Romania, registered in the Trade Register with no. J12/3375/2019 and having Tax Identification Number 41565290 (hereinafter referred to as "Company”, ”Us” or ”We”).
1.3. By accessing or using this website, the User (hereinafter also referred to as ”Visitor” or ”You”) aknowledges that he has read, understood and agrees to be bound by these terms and conditions. The provisions of these Terms and Conditions apply for the entire duration of use, which is renewed with each access to the Site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.4. The Visitor agrees that the Company has the right to unilaterally amend these GTC, without need for previous notification. Should the GTC be amended, the respective amendments shall take effect immediately after publication on the Website. We recommend visitors to monitor the changes to these GTC. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised.
2. RIGHT TO ACCESS
2.1. Information is provided about the products and services and the possibility of online acquisition is offered through the www.vilegiatura.com website.
2.2. Users who want to benefit from their products must have the status of “customer”, which is acquired by making an order. The condition of the client implies the adhesion to the conditions of use of the version published at the moment in which the website is accessed. In any case, there are pages of the website accessible to individuals or legal entities that fail to register or initiate a purchase. In this sense, users who access these parts of the website agree to be subject to the terms and conditions set forth in these general conditions, to the extent that this may be applicable.
2.3. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. The Company’s services are dedicated for anyone over the age of majority. The Company does not assume responsibility for the use of the Site by minors who have violated this Agreement.
3. WEBSITE CONTENT
3.1. WEBSITE OVERVIEW
3.1.1 The company markets through the platform products that can be identified by different categories.
3.1.2 By subscribing, the User receives access to the Newsletter section where discounts on subscriptions, information about products or offers are communicated.
3.2. PRODUCTS
3.2.1. Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
3.2.2. We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. We cannot guarantee that your computer monitor's display of any color will be accurate.
3.2.3. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
3.2.4. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
3.2.5. We are commited to the quality of every product, but variations in materials, colors, or craftsmanship may occur, adding to the uniqueness of handmade or artisanal products. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Due to the artisanal manufacturing process, there may be slight differences between products, adding a unique character to each piece.
3.2.6. Product dimensions are provided in the product descriptions together with a size chart. Given the handmade or artisanal nature of some of our products, slight variations in size may occur. Some of our products may feature adjustable elements. Be sure to review the product details to understand if adjustments can be made to accommodate your preferences.
3.3. PRICES AND ORDER PLACING
3.3.1. All product prices displayed on the website include the initial cost, applicable taxes, and shipping fees. Final rates will be communicated to customers before confirming the purchase.
3.3.2. Product descriptions and prices are informative and may be altered without prior notice. We are not liable for any modifications, price adjustments, or discontinuation of the service.
3.3.3. We reserve the right to refuse service, limit quantities, or cancel orders at our discretion. This includes orders under the same account, credit card, or with the same billing/shipping address. We may notify customers of changes or cancellations.
3.2.4. Before finalizing your order, you'll have the chance to review selections, correct errors, and view the total price. Products in your shopping bag are not reserved until the order is confirmed. Prolonged inactivity may result in the loss of selections.
3.3.5. If you've registered for product notifications, we'll attempt to notify you by email within 48 hours of availability. Items in stock may be pre-allocated to customers on the Waiting List.
3.3.6. Prices on the site are in RON/are shown in the national currency of the customer’s location and include VAT. Prices may change due to currency exchange rates. Customers from certain countries may incur import duty or tax costs.
3.4. PAYMENTS
3.4.1. We accept all of cards that are prominently displayed on our site. Upon completing the transaction, you will be redirected back to our website.
3.4.2. Your payment will be debited and cleared from your account upon order placement. By confirming your order, you assert that the card used is yours or that you have explicit authorization from the card owner. All credit card transactions undergo validation checks and authorization by the card issuer. If payment authorization is declined by your card issuer, your order will be canceled.
3.4.3. Customers agree that invoices from the Company can be transmitted electronically.
3.4.4. All credit/debit card transactions are processed through www.netopia-payments.com, a secure online payment gateway. This platform encrypts your card details in a secure host environment.
3.4.5. Our online shop secures communications by encrypting all data to and from the site.
3.5. ORDER CONFIRMATION
3.5.1. Once your order is placed with us you will receive a notification and confirmation email with all your order details. If you receive your confirmation email that means our system has properly processed your purchase and has pre-authorized your card. We will then submit your order to our warehouse to ensure the item is in stock for immediate packaging and shipping. If for some reason the item is out of stock or on backorder, as soon as your order becomes available we will process and ship.
3.5.2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3.5.3. After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order.
3.6. SHIPMENT PROCESS
3.6.1. Upon receiving your order and once the tracking numbers are available we will issue those to you via email to the email you provided at the time of your purchase. If for some reason you do not receive the tracking information from our team within 3 days of your order, do not hesitate to reach out to us at contact@vilegiatura.com.
3.6.2. Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. The shipping confirmation is our acceptance of your order. Please note that we do not guarantee that all products presented on the Website are in stock at the time of your order. It's important to note that due to the distinctive nature of personalized items, their delivery may take a bit longer, as indicated on the site.
3.7. DAMAGES
3.7.1. Please inspect the packaging of your item(s) when they arrive, if you notice any damage you should make note of it when signing for delivery. If your item(s) do arrive damaged, please send photos to contact@vilegiatura.com and we will replace the damaged item.
3.8. PERSONALIZED ITEMS
3.8.1. Given the highly individualized craftsmanship involved, personalized items, specifically created for you, cannot be returned, refunded, or exchanged. Similarly, the option to cancel the order is not available.
3.9. RETURNS
3.9.1 As a standard practice, the return policy is of 14 days from the date you receive your order.
3.9.2. To commence the return process, send an email to contact@vilegiatura.com within 14 days, providing your full name and order ID in the subject line. Return the product to our showroom address: VILEGIATURA STUDIO SRL, Cluj-Napoca city, 7 Matei Basarab street, Cluj County, Romania.
3.9.3 Ensure the product remains in a new and unused condition, with the original label, tags and the original packaging intact.
3.9.4. Refunds or credit notes will be issued upon meeting the return conditions. Please allow up to 14 days for your refund.
3.9.5. Exchanges are viable for regular-priced items, while discounted or sale items are non-returnable.
3.9.6. While we aspire to maintain a flexible returns policy, a pattern of repeated returns may prompt scrutiny and potential refusal of future returns.
3.9.7. Faulty goods encompass those that fall short of satisfactory quality, are unfit for purpose, or differ from the description. If your item proves faulty upon receipt, you can return it for a refund within 14 days from the date the goods are signed for.
4. PROHIBITED ACTIVITIES
4.1. THE FOLLOWING ACTIVITIES ARE STRICTLY PROHIBITED ON OUR WEBSITE:
Engaging in any unlawful or illegal activities.
Unauthorized access to user accounts, data, or systems.
Posting or sharing harmful content, including malware, viruses, or spam.
Impersonating other individuals or entities.
Engaging in harassment, hate speech, or abusive behavior.
Violating intellectual property rights.
Access or attempt to access data of other users of the site, penetrate or access any of the security measures relating to the site;
Introduce any malware, virus or other harmful software program (worm) that damages or interferes with the operation of the site, including but not limited to cancelbots, denial of services, worms, trojan horses, viruses or any other software or hardware for this purpose.
4.2. Engaging in any of the above activities may result in the immediate termination of your access to the Website.
5. PRIVACY
5.1. The Company’s Privacy and Cookies Policy applies to use of this Site, which is available on the website. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
5.2. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. We do, however, reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. INTELLECTUAL PROPERTY
6.1. WEBSITE CONTENT: We have all the rights over the content, design and source code of this web page, including but not limited to photographs, images, texts, logos, designs, brands, commercial names, and data that are included in the Web, including copyright and trademark laws.
Customers and users are warned that such rights are protected by current international legislation regarding the intellectual and industrial property. It is expressly forbidden the total or partial reproduction of this website, or any of its contents, without the express and written permission of the Company.
6.2. TRADEMARKS: All trademarks, service marks, trade names, and logos used or displayed on this Website are registered and unregistered trademarks of the Company or third parties who have granted us permission to use them. The User may not use, copy, reproduce, distribute, or modify any of these trademarks without prior written consent from the owner.
6.3. COPYRIGHT: All content on this Website is protected by copyright laws, whether registered or unregistered. The User may not use, reproduce, distribute, or create derivative works based on this content without prior written consent from the Company or the copyright owner.
6.4. USAGE LIMITATION: We do not grant a license or implicit authorization whatsoever on the rights of intellectual and/or industrial property or on any other right or property related, directly or indirectly, with the contents included in the web.
6.5. USER-GENERATED CONTENT RIGHTS AND RESPONSIBILITIES
a. USER CONTENT OWNERSHIP: If the User submits or uploads content to the Website (including but not limited to product reviews, comments, or other user-generated content), he automatically grants the Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish translate, distribute, and display your content in any media now known or hereafter developed, for the purposes of operating, promoting, and improving the Website.
b. COMPLIANCE WITH LAWS: the User is responsible for ensuring that any submited user-generated content complies with all applicable laws, including copyright, trademark, privacy, and defamation laws. The User may not submit content that infringes on the intellectual property rights of others or violates any third-party rights. You are solely responsible for your own User Content and the consequences of posting or publishing it.
c. The Company does not endorse any User Content or any opinion, recommendation, or advice expressed therein. We have the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason.
6.6. SOCIAL MEDIA TAG USAGE: By using #vilegiatura and any other similar social media tag in any way related to any of the sites, each user agrees to provide us with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded image(s) in any and all marketing materials, on sponsor’s websites, and through all social media channels. each user represents and warrants that uploaded images do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.
6.7. REQUESTING PERMISSION TO USE CONTENT: If the User wishes to use any content from this Website for purposes other than personal use or as expressly permitted under these terms and conditions, he must obtain written permission from us or the respective content owner. To request permission, please contact us at contact@vilegiatura.com. Include detailed information about the content, the intended purpose and how it is planned to be use it.
6.7. REPORTING INTELLECTUAL PROPERTY VIOLATIONS: If the user believes that intellectual property rights have been infringed upon by content on this Website, please notify us promptly.
7. DISCLAIMERS
7.1. DISCLAIMER OF ACCURACY AND ERRORS
a. NO WARRANTY: We intend for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.
b. ERRORS AND OMISSIONS: We are not liable for any inaccuracies, typographical errors, or omissions that may appear on the Website. The information provided on this Website is for general informational purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, or more complete sources of information.
c. CONSEQUENTIAL AND INCIDENTAL DAMAGES: To the fullest extent permitted by applicable law, we shall not be liable for any indirect, consequential, special, incidental, or punitive damages, or for any lost profits or revenues, whether incurred directly or indirectly, arising from your use or inability to use the Website, even if we have been advised of the possibility of such damages.
d. THE COMPANY CAN NOT BE MADE RESPONSIBLE FOR:
The use that the Visitors may make of the materials on this website, in violation of the intellectual and/or industrial property rights of the contents of the website or third parties.
Any damages and losses to Users caused by normal or abnormal functioning of the search tools, the organization/location of the contents, access to the website or errors or problems that are generated in the development or instrumentation of the technical elements that the web or a program facilitates to the user.
The accuracy of the information contained in this website.
The access of minors to the contents included in the web, is the responsibility of their parents or guardians to exercise an adequate control over the activity of the minors under their care or to install some of the tools for controlling the use of the Internet with the object of avoiding the sending of personal data without the prior authorization of their parents or guardians.
Communications or dialogues in the course of debates, forums, chats, and virtual communities that are organized through or around the web and/or linked websites, nor respond, therefore, the possible damages and prejudices suffered by the clients or private and/or collective users as a result of said communications and/or dialogues.
Errors or delays in the access to the website by the client when entering their data in the order form, the slowness or impossibility of reception by the recipients of the order confirmation, or any anomaly that may arise when incidents are due to problems in the Internet, causes of unforeseeable circumstances or force majeure and any other unforeseeable contingency beyond the good faith of the Company.
7.2. In any case, the Company is committed to solving any problems that may arise and offering all the necessary support to the client to reach a quick and satisfactory solution to the incident.
8. LIMITATION OF LIABILITY
8.1. TO THE EXTENT PERMITTED BY LAW, WE WON’T BE LIABLE FOR ANY:
indirect loss or indirect damage;
descriptions of products and services or inaccurate information on the website;
product, service, or action of a Service Provider or other business partner;
mistake in an email address, phone number, or credit card number (unless it’s our fault);
force majeure or event beyond our control.
8.2. If the User or Client breaches these Terms and/or the Service Provider’s terms, to the extent permitted by law:
we won’t be liable for any costs you incur as a result, and
you won’t be entitled to any refund.
8.3. IN NO CASE SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.4. We don’t make any promises about Service Providers’ products and services apart from what we expressly state in these Terms. Making the right choice(s) is entirely your responsibility.
8.5. You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that no company’s terms can overrule. In that case, our liability is determined not just by these Terms, but also by any applicable consumer protection laws and regulations.
8.6. You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if we are found to be liable, our liability to the User or Client or to any third party is limited to the greatest of the amount of the product bought from the Company.
9. INDEMNITY
9.1. To the extend permitted by the law, you agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with your use of the Site.
10. THIRD-PARTY CONTENT AND LINKS
10.1. This Website may contain links to third-party websites, content, or services that are not owned or controlled by us. We do not endorse, warrant, or assume responsibility for the accuracy or legality of any third-party content linked from the Website. Your interactions with these third-party websites are subject to their terms and conditions and privacy policies.
11. FORCE MAJEURE
11.1. We shall not be liable for any failure or delay in performing our obligations under these terms and conditions when such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, power outages, strikes, or labor disputes.
12. PROMOTIONS AND CAMPAIGNS
12.1. The Company has the right to carry out, during defined time intervals, promotional campaigns to promote the registration of new members in its service. The Company reserves the right to modify the conditions of application of the promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse, or unethical behaviour in the participation thereof.
13. TERMINATION
13.1. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO TERMINATE, SUSPEND, OR RESTRICT YOUR ACCESS TO ALL OR ANY PART OF THIS WEBSITE WITHOUT PRIOR NOTICE, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO:
Violation of these terms and conditions or any other policies or guidelines posted on the Website.
Conduct that we believe is harmful to other users or interferes with the proper functioning of the Website.
Engaging in prohibited activities.
Suspected fraudulent, illegal, or unauthorized activities associated with your account or use of the Website.
Failure to comply with account security measures or repeated unauthorized access attempts.
Any other actions or omissions that we, in our sole discretion, believe to be in violation of applicable laws or regulations.
13.2. USER RESPONSIBILITIES UPON TERMINATION
a. IMMEDIATE OBLIGATIONS: In the event of termination of access to the Website, the User is required to immediately cease all use of the Website, including but not limited to accessing, browsing, or attempting to use any of its features.
b. ACCOUNT TERMINATION: If access is terminated, the User may no longer be able to access accounts, and any content or data associated with it may be deleted or inaccessible. We shall not be liable for any loss of access, data, or content resulting from the termination of your account.
c. CONTINUED OBLIGATIONS: Termination of access does not relieve the User of any obligations or liabilities incurred prior to the termination. The User remain responsible for any legal and contractual obligations, including but not limited to indemnification and limitations of liability, even after the termination of access.
14. DISPUTES
14.1. To the extent permitted by mandatory local (consumer) law, any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, including any disputes relating to their existence, validity, interpretation, or termination, both parties agree to submit to the personal jurisdiction of the courts of Cluj-Napoca, Romania.
14.2. The parties shall first attempt to resolve any dispute amicably through good-faith negotiations. In the event that such negotiations do not lead to a resolution within a reasonable time, either party may initiate legal proceedings in the courts of Cluj-Napoca, Romania.
15. MISCELLANEOUS PROVISIONS
15.1. These GTC, representing the Contract between the User and the Company, may be assigned by the latter without the consent of the customer.
15.2. The name of the chapters and the sub-titles are for reference only and should not be taken into account in the interpretation or construction of these GTC.
15.3. If any of the clauses in this GTC are declared null and void, the rest of the clauses will continue to produce their effects, and the clause declared null or unenforceable will be replaced by a new clause that reflects as closely as possible the will of the Company.
15.4. For questions or concerns regarding the General Terms and Conditions, please contact us by e-mail at contact@vilegiatura.com.
The General Terms and Conditions were last updated on the 28th of December, 2023.