GENERAL TERMS OF USE
Access to the website services is provided exclusively by way of access to www.potamy.com website (hereinafter referred to as “POTAMY”).
Visiting or using the website implies the consent of the User or the Client to the provisions of these articles. However, there may be cases where the content will be subject to different terms of use.
By using the Website, the User agrees to be responsible for all actions arising out of such use. The User shall also be responsible for any financial, physical or any other damage caused to Edelfia S.r.l, the POTAMY website and its content, and/or to any third party with whom Edelfia S.r.l has entered into Agreements, in accordance with applicable law.
If the User does not agree and/or does not accept and/or withdraws his/her consent:
The user thereby elects not to access to the service, refuses to accept other services offered by POTAMY through the website, and to receive POTAMY newsletters and/or communications of any kind (electronic, telephone, etc.), without any supplementary warranties from POTAMY.
In this event, POTAMY shall delete all personal data relating to the User from its databases without any further obligation of either party to the other party or without the right to claim damages from the other party.
The User may at any time withdraw his/her decision to agree and/or accept the terms of use of the Website in any available form.
To exercise the rights stipulated by the above paragraphs, the User may contact POTAMY directly or via the links provided in the emails received from POTAMY and intended for this purpose.
The Client cannot withdraw his/her consent to accept the terms and conditions during the execution of an Agreement or until they have paid the equivalent value of all outstanding Agreements to Edelfia S.r.l.
POTAMY reserves the right to modify or discontinue, temporarily or permanently, in whole or in part, the services provided through this website with or without prior notice.
POTAMY shall not be liable to Users or to any third party, be it natural or legal person or institution, for any modification, suspension or discontinuance of the services made available through the Website.
POTAMY may change the content and terms of use of the website at any time. New conditions come into force when they are made public by publication on this website.
Changes are not retroactive.
EDELFIA S.r.l reserves the right to make any changes to these provisions, as well as any changes to the website, or its structure, or the services offered, including any changes that may affect the website and/or any part of its content, without prior notice to users.
POTAMY reserves the right to use advertising materials of any kind on any page of the website, in accordance with applicable legal regulations.
TERMS AND CONDITIONS
I. GENERAL
This document sets out the terms and conditions pertaining to the use of POTAMY website and to order placement. By accessing the website, you implicitly agree to these Terms and Conditions, and to the use of cookies.
To register on the website and to place an order, you must accept the Terms and Conditions and the Privacy Policy provided here.
With regard to the processing of personal data, we invite you to read the website's Privacy Policy, so that you could express your informed consent.
Since the Terms and Conditions section may be amended over time, the terms and conditions in force at the time the Agreement is entered into will apply.
Any images, videos, texts, drawings and any materials presented on this website are protected by copyright owned by EDELFIA S.r.l.
These materials may only be used for personal purposes without any commercial implications. They may not be reproduced, offered for sale, traded in, or used for commercial purposes by third persons.
The legal relationship between the Client and the Seller shall be governed by the statutory instruments in force in Romania at the time of entering into the Sales Agreement.
II. THE SELLER
The Sales Agreement is entered into by the Client and EDELFIA S.r.l., a Romanian legal entity with its registered office in Bucharest, Sector 2, Calea Moșilorno 158, Module 165, Room 4, 4th Floor, having CUI 47711190 and EUID ROONRC.J40/3822/2023, owner of the POTAMY trademark.
III. TERMS AND DEFINITIONS
● Seller: EDELFIA S.r.l., a Romanian legal entity with its registered office in Bucharest, Sector 2, Calea Moșilorno 158, Module 165, Room 4, 4th Floor, TaxReference Number 47711190 and EUID ROONRC.J40/3822/2023;
● Buyer/Client: an individual or a legal entity who purchases one or more products made available on the POTAMY website;
● Products: the goods offered for sale;
● Price: the amount to be paid for the purchase of each product (including VAT);
● User: an individual or a legal entity accessing the POTAMY website from any device possessing this quality, even if they do not purchase any of the products presented on the website. It is also understood that the User can create an Account;
● User account: a section containing detailed information entered by the user when creating an account, along with order history, promotional codes, etc.;
● Content: texts, images, drawings, audio and video recordings, etc.;
● Agreement: legal relations established between EDELFIA S.r.l. and the Client in relation to the products purchased by the latter;
● Controller: legal entity that processes personal data and establishes the purposes and means of such processing.
IV. ENTERING INTO AGREEMENT AND DELIVERY
The Sales Agreement is entered into when the order placed by the Client is accepted by the Seller by issuing an invoice. The Payment methods applicable to your order can be found here. In the event that EDELFIA S.r.l. did not accept your order, but debiting took place, we will proceed to refund the sum.
If the Seller sends the Client only the confirmatory note in acknowledgment of order, the Agreement is deemed not entered into yet, and the Seller has the right to inform the Client about cancellation of the order if it discovers that the requested product is not in stock.
The Client has the right to refuse the order before it is delivered.
Order processing depends solely on the availability of goods in our warehouse. If a product is no longer available, the Client will be promptly informed of it, and will have the opportunity to purchase another product of similar quality and value.
Except for unforeseen situations when late delivery of the goods is possible, the Seller will make every effort to comply with the delivery schedule specified at the time when the order was placed.
If at the time when the order was placed the Client was not informed about the delivery schedule, the products will be delivered within a maximum of 15 calendar days after the date of receipt of the document confirming the order processing.
If the goods cannot be delivered within the specified period for reasons beyond the Seller’s control, the Client shall be informed about this as soon as possible.
If the order has not been shipped within the scheduled time frame, the Client may contact the Seller by phone or by email, using the contact information provided on the Website.
EDELFIA S.r.l. is deemed to have discharged its delivery obligations when the Client or their authorized person signs the delivery receipt thus confirming their possession of the purchased products.
If the goods cannot be delivered due to circumstances beyond control of the parties, the Client will be informed accordingly and another delivery attempt will be taken. The number of delivery attempts is limited to two.
V. ORDER CANCELLATION
The seller’s right to cancel an order can be exercised in the following cases:
● The Client provided incomplete data when placing the order and made no attempt to amend those upon the Seller’s request, thus the goods cannot be delivered;
● The Client selected online payment, but it failed;
● The Client’s failure to notify, within a maximum of 2 business days, of his/her consent to new product features if those were incorrectly specified when the order was placed;
● Force-majeure or unforeseen circumstances;
● Any other situations beyond the Seller’s control;
● Suspected fraudulent purchase.
Order cancellation gives the Client the right to demand refund of the price already paid, and the Seller shall return this amount within 7 days after the date when the Client was informed about the cancellation of the order, or after the date when the Client informed the Seller about his decision to cancel the order.
If order is canceled, or in cases when the Client is informed, after placing the order and making the payment, that the product is no longer available, and does not wish to receive an available substitute of similar quality, the funds shall be returned to the account from which the payment was made or to the account specified by the Client, or can be received at our off-line stores upon presentation of the appropriate documents.
VI. PROMOTIONS
Any discounts and promotions made available on the POTAMY website are limited both in quantity and in time, as evidenced by the information provided for each product/category of goods.
VII. RETURN OF GOODS (RIGHT OF WITHDRAWAL)
If the Client wishes to withdraw from the Sales Agreement he/she entered into with EDELFIA S.r.l., he/she may exercise this right with no explanation, within 14 calendar days after the date when the Client or a third party designated by him/her (other than the carrier), takes physical possession of the goods.
If one order includes several products that have to be delivered separately, the opportunity to submit a return request expires 14 calendar days after the date when the Client or a third party designated by him/her (other than the carrier), takes physical possession of the last product.
To exercise the right to withdraw from the agreement, the Client shall explicitly notify the Seller of his/her decision to withdraw from that agreement via the return form available on the website. The form should be filled out completely and accurately.
To avoid expiration of the withdrawal period, the Client only needs to send a message regarding the exercise of the right of withdrawal before the withdrawal period expire. The Client may return the products through the courier of his/her choice to the address: Strada Gării Otopeni 3, 075100, Otopeni, Ilfov, România without undue delay, and in any case within a maximum of 30 calendar days after the date when he/she informed EDELFIA S.r.l. about his/her from the Agreement. The deadline is met if the products are received at the warehouse before the expiration of 30 calendar days.
If the Client chooses to withdraw from the Agreement, EDELFIA S.r.l. shall refund all payments received from the Client without undue delay and in any case no later than 14 calendar days after the date when the product was received in good condition at the Seller’s warehouse. Return shipping costs shall be borne by the Client.
EDELFIA S.r.l. shall perform refunds using the same payment method that was used by the Client for the original transaction, unless expressly agreed otherwise. In any case, the Client will not incur any fees in connection with such return.
The Client is responsible only for reduction in the value of the product resulting from manipulations other than those necessary to determine the nature, characteristics and operation of the product.
The Client cannot withdraw from the Agreement for sale and delivery of any of the products listed below:
- Custom products
- Sealed items that cannot be returned for health or hygiene reasons (e.g. earrings, stockings, socks, etc.) that were not sealed after delivery.
The Client’s right to withdraw from the Agreement only applies to goods that are returned in the same condition in which they were received.
The Client should return goods using or including their original packaging. All boxes, labels, instructions/paperwork (if any) and original packaging must also be enclosed with the returned goods.
The Client shall lose their right for refund if the item has been used after opening, or if it is in a condition other than the condition it was delivered in, or if it is damaged.
IX. LEGAL WARRANTY OF COMPLIANCE
In accordance with the provisions of GEO no.140/2021, EDELFIA S.r.l. shall be liable to the Client for any non-conformity that exists upon goods’ purchase/delivery and which becomes apparent within two years from the date of delivery. Direct costs for returning goods of inadequate quality are borne by the Seller. The Seller will arrange delivery of the parcel to its warehouse, but has the right to require the Client to comply with the following conditions: the parcel must contain, in addition to the product and original packaging, related accessories and a completed return form.
Before dispatching the goods with a courier service, the Client shall submit a written claim via the feedback form available on the website, specifying at least the following information: the Client’s identification data (last name, first name) and contact information (telephone number), along with the reason and alleged reasons for the claim (type of defect, date of occurrence, date of discovery), as well as the Client’s requirements.
To take advantage of the warranty, the Client shall comply with the instructions, recommendations and conditions pertaining to the warranty of conformity. Those are available on the website (link).
Non-conformity shall be deemed non-existent in the event that, at the time of entering into the Agreement, the Client was expressly informed that a certain characteristic of the product does not meet the objective conformity requirements, and the Client expressly and separately accepted this at the time of entering into the Agreement.
This warranty does not affect the customer rights stipulated by current legislation (Law 449/2003, Government Decree 21/1992).
X. LIMITATION OF RESPONSIBILITY
Any persons having access to the website expressly agree that they use the website entirely at their own risk. EDELFIA S.r.l. cannot be held directly or indirectly liable in connection with the use of the webite.
EDELFIA S.r.l. shall not be liable for any direct or indirect damage arising from the use or inability to use the information presented on the website, as well as for any errors or omissions in the content presentation that may lead to any losses for the User.
EDELFIA S.r.l. does not guarantee to Users that (i) the information presented on the Website will meet all the requirements of Users; (ii) the computer equipment providing for the Website operation will always function without interruption, errors or delays. However, any software error, as well as any other issues of the kind, shall be resolved as soon as possible.
EDELFIA S.r.l. does not grant Users or Clients the right to download, modify, reproduce, use in any way, or to transfer to any third parties, partially and/or completely, the Website content without the express prior written consent of EDELFIA S.r.l.
EDELFIA S.r.l. is not responsible for the nature, content or quality of any other site which the user may access through the content links, regardless of the nature of those links. As for the responsibility of these sites, it lies exclusively with their owners.
EDELFIA S.r.l. is not responsible for the use of any websites and/or content transmitted to the User or to the Client by any means (email, telephone, etc.), through the website or email of any employee of EDELFIA S.r.l., when such use of the content may inflict any kind of damage on the User, the Client and/or any third party involved in the transfer of such content.
Besides the statutory warranty obligations, EDELFIA S.r.l. makes no warranty, express or implied, that:
- The service/product will meet the Client’s requirements;
- The service/product will come uninterrupted, secure or free from any errors;
- The services/products received through the website will meet the Client’s requirements or expectations.
The operators, administrators and/or website owners shall bear no responsibility for relationships or their consequences arising from, but not limited to, purchases, special offers, promotions, advertisements or any other type of relationship/connection/transaction/collaboration, etc., which may arise between the User or Client and any of the persons directly or indirectly placing advertisements on the website.
The user shall be solely responsible for any damage caused to the computer systems or networks used by him/her to access the website, as well as for any other loss of data that may result from downloading information and services from the content made available on the website.
Although EDELFIA S.r.l. always strives to ensure uninterrupted operation of the website, as well as to boost its security parameters, we do not undertake any obligation or guarantee that the website will operate continuously or be free from any functional defects.
EDELFIA S.r.l. does not warrant that documents, files and/or any other data packages associated with the website are free of viruses. Neither is EDELFIA S.r.l. responsible for any current or future damage caused by the website or through its use. Therefore, for his/her own protection, any User of the Website is required to use anti-virus software when browsing.
EDELFIA S.r.l. does not undertake to update the information or materials provided on the website with any particular frequency or according to any particular schedule, but will do so at the pace it deems necessary to the extent possible. Such information is subject to change at any time, without notice, and will be included in future changes to the website.
By accessing the website, the User assumes full responsibility for maintaining the confidentiality of his/her credentials (login and password), as well as for managing his/her access to the account, and shall bear legal responsibility for actions performed through his/her account.
By accessing the website, creating an account, using the website, placing an order, etc., the Client expressly and unconditionally accepts the current edition of the website terms published on the website. Once an account is created, use of the content constitutes acceptance of any changes made to the Terms of Use and/or to any updated versions of the Terms of Use. The Client is solely responsible for reviewing the final version of the Terms each time he/she uses the Website.
POTAMY shall not be liable for any damage or injury that the User, Client or any other third party may suffer due to our performance of any obligations pertaining to the Order placed. Similarly, POTAMY shall not be liable for any damage or injury that may arise as a result of inappropriate use of any goods/services after their delivery or loss.
The provisions set out in this section are supplemented by applicable national and international legal regulations.
XI. RIGHT TO A COPY
The entire content of the website (images, texts, graphics, symbols, web graphics, scripts, programs, logos, etc.) belongs to EDELFIA S.r.l. and is protected by the Copyright Act and other applicable intellectual and industrial property laws. It is prohibited to use any of the above elements without express consent of EDELFIA S.r.l. on pain of punishment under law.
No materials contained on the Potamy website may be reproduced, in part or in whole, or modified without the prior, express and written permission of EDELFIA S.r.l.
Any reproducing, copying, duplicating, selling, reselling or using the information published on the website, or any part of this information, as well as accessing or using the information provided by POTAMY through the website in a manner that violates national or international copyright and intellectual property laws may be recognized as civil infraction and lead to applicable penalties.
The provisions set out in this section are supplemented by applicable national and international legal regulations.
XII. NEWSLETTER
Subscription to the newsletter and unsubscription from the newsletter is free and voluntary and implies acceptance of the following terms of use.
The messages dispatched are not unsolicited and comply with the e-commerce rules regarding commercial messages established by Romanian and international legislation.
Receiving the newsletter implies the User’s or Client’s filling out the form and unconditional acceptance of the document, if he/she has not yet expressed such consent. The user can also express his/her consent to receive newsletters when opening an account.
Any data received from the User or Client in connection with the newsletter subscription may be used by EDELFIA S.R.L. within the framework of the Privacy Policy.
The User or Client may unsubscribe from the newsletter at any time:
1. Using the link specifically provided in any newsletter he/she receives;
2. By changing his/her consent to receive newsletters and to use pages in restricted areas via his/her account;
3. By contacting EDELFIA S.R.L. using the provided contact information, without any further liability of either party to the other, or without either party being able to claim damages from the other.
Refusal to receive a newsletter does not mean a refusal to accept this document.
EDELFIA S.R.L. reserves the right to select the persons to whom it will send the newsletter, as well as the right to remove from its database any User or Client who has previously expressed consent to receive the newsletter, without any further obligation on the part of EDELFIA S.R.L. or any prior notices.
EDELFIA S.R.L. will not include in its newsletters sent to the User or Client any other promotional materials in the form of content linking to a third party that was not a partner of EDELFIA S.R.L. at the time of sending the newsletter.
The use of the newsletter is subject to the same conditions of limitation of liability in terms of content which pertain to the use of the website, in accordance with the terms and conditions provided herein. EDELFIA S.R.L. owns all rights to the content of the newsletter sent to subscribers, under the same conditions as applicable to the information published on the website, in accordance with the provisions of this document.
Subscribers to the EDELFIA S.R.L. newsletter may forward these commercial messages to other persons only at their own risk and provided that they have not changed either the structure or the content of these messages. The persons who receive such forwarded emails from subscribers to the EDELFIA S.R.L. newsletter are deemed to have been informed in advance of the provisions of this article. In this context, EDELFIA S.R.L. is in no way responsible for the actions of its subscribers.
EDELFIA S.R.L. reserves the right to restrict any subscriber’s access to the newsletter if it has reasons to believe that the subscriber is not complying with the provisions of this document.
XIII. WRITTEN NOTICES
Legislation requires that the communications we send to you be in writing.
By browsing the POTAMY website, you agree to send us communications digitally. We will reply to you by email and will keep you informed about various aspects through the data published on our website.
By default, the User shall consent to the use of digital communications and you acknowledge that all documents, information and other notices that we provide to you electronically satisfy the legal requirement that such communications be in writing. This condition does not affect user rights.
XIV. NOTICES
You can send us notices either through the feedback form provided on the website or via email to customerservice@potamy.com.
Subject to the provisions of Section XIII and unless otherwise provided, we may notify Users/Clients either at the email address provided by them, or through the mailing address provided at checkout.
Notices will be deemed to have been properly given when they are posted on our website, 24 hours after an email is sent, or three days after a letter is sent by mail.
If the notice was sent by mail, the proof of the message will be a document issued by the post office and if the notice was sent by email, the proof will be the same message containing the email address provided by the User/Client.
XV. TRANSFER OF RIGHTS AND DUTIES
The agreement entered into by EDELFIA S.r.l. and the Client shall be binding for the both parties, as well as for their successors and agents.
The user/client should not perform the following actions:
● Transfer
● Assignment
● Pledge
● Alienation
of any rights or obligations arising from the Agreement entered into by EDELFIA S.r.l. and the Client, except with the Seller’s prior written consent.
EDELFIA S.r.l. may transfer, assign, encumber, subcontract or alienate its rights or obligations under the Agreement at any time during its term.
Any such transfer, assignment, encumbrance etc. shall not affect the rights of the Client and shall not invalidate, reduce or otherwise limit the warranties provided by EDELFIA S.r.l.
XVI. FORCE-MAJEURE CIRCUMSTANCES
EDELFIA S.r.l. shall be exempt from liability if it is unable to perform any order, although such order has been already confirmed, or fails to deliver it on time due to force majeure circumstances.
Force majeure circumstances are any circumstances that cannot be foreseen, avoided or overcome, including, but not limited to:
1. Strikes, technical unemployment or other actions of trade unions.
2. Civil insurrection, riot, invasion, terrorist attacks or terrorist threat, war (whether declared or not), threat of war, or war preparations.
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic, or any other natural calamity.
4. Inability to use rail, sea, air, road vehicles, or other modes of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, statutes, regulations or restrictions enacted by any government.
7. Strike, breakdown or accident affecting boat traffic, postal system or any other mode of transport.
The fulfillment of obligations of EDELFIA S.r.l. under the Agreements previously entered into shall be suspended for the duration of force majeure circumstances.
EDELFIA S.r.l. will do their best to eliminate, where possible, the event constituting force majeure and to continue to fulfill its obligations.
If force majeure circumstances persist for more than 3 months, the Agreement previously entered into shall be considered terminated by force of law.
After termination of the Agreement, the parties shall return to their previous position, and the Client will reimbursed for the amounts already paid for the goods purchased but undelivered, as well for the cost of delivery if the Client has chosen the cheapest delivery method.
Reimbursement of such amounts shall take place within 14 days after the date of termination of the Agreement.
XVII. AMENDMENTS TO THE TERMS AND CONDITIONS
EDELFIA S.R.L. reserves the right to amend the terms and conditions by giving formal notice to the Client in the manner chosen by the Seller.
The governing conditions are the conditions presented on the POTAMY website at the time of access to it or those in force at the time of entering into the Agreement.
XVIII. GOVERNING LAW, JURISDICTION
Both the use of our website and the Sales Agreements entered into through this website shall be governed by Romanian law in force at the time when the Agreement is entered into.
Any disputes arising in connection with the use of the Website or in connection with these Agreements shall be subject to consideration in the courts of Romania and in accordance with the legislation of the Seller’s location.
The terms of this Agreement, if the Client enters into it as a consumer, shall not affect the provisions of the current legislation on the protection of consumer rights, which are mandatory.
We are required by law to inform consumers of the existence of a European online platform for alternative dispute resolution, which can be used to resolve disputes without the involvement of courts.
The European online platform for alternative dispute resolution can be found here: https://ec.europa.eu/consumers/odr/.
XIX. HANDLING COMPLAINTS
If the purchased goods have not been delivered properly, the Client may contact the Seller both by email at customerservice@potamy.com and through the feedback form available at the website. EDELFIA S.r.l. shall provide a response to the Client within 10 days.