Terms and Conditions

1. DEFINING ELEMENTS
The general terms and conditions set forth below shall apply to all sales of goods by Marcman Srl through the virtual store www.marcman.shop to the Buyer and may be modified at any time by Marcman. Thus, the following terms shall mean: Buyer - natural person / legal person or other legal entity that issues an Order. Seller - the commercial company MARCMAN SRL, having its registered office in Satu Mare, Str. Titu Maiorescu no. 7, registration no. with the Trade Register: J30/178/2002, CIF RO14543295, Telephone 0741943564 email: comenzi@marcman.shop through the partner company SC AROMASQUE PARFUMS SRL as distributor, having its registered office in Satu Mare, Str..Careiului no. 10 bl.12 ap.19, no. registration number at the trade register J30/1100/2007, CIF RO22309326 and office in Satu Mare, Str. Titu Maiorescu no.7, Phone 0741943564 email: comenzi@marcman.shop Goods - any product, including the documents mentioned in the Order, to be provided by the Seller to the Buyer. Order - an electronic document that acts as a form of communication between the Seller and the Buyer by which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and make payment for them. Contract - an Order confirmed by the Seller. Intellectual Property Rights (hereinafter IPR) - all intangible rights such as know-how, copyright and rights in kind, database rights, design rights, model rights, patents, registered trademarks and domain name registrations for any of the above. Specifications - all specifications and/or descriptions of the Goods as specified in the Order.

2. CONTRACTUAL DOCUMENTS
By placing an electronic or telephone Order on the aforementioned site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its operations.
The order will be composed of the following documents, in order of importance:

a. The order (along with clear mention of delivery and billing dates) and its specific conditions
b. Buyer's specifications (where applicable)
c. Terms and conditions

If the Seller confirms the Order, this will imply full acceptance of the terms of the Order. Acceptance of the Order by the Seller is considered complete when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring a confirmation of receipt from the latter. The Seller does not consider an unconfirmed order to have the value of a Contract at any time.
Order confirmation is made by telephone or electronically (e-mail).
The prices of the products in the order are valid for 2 working days from the date of order registration.
The general terms and conditions of sale will form the basis of the Contract thus concluded.

3. EXTENSION OF THE SELLER'S OBLIGATIONS
a. The Seller will use its professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods that meet the Buyer's requirements, needs and specifications;

b. The information presented on the seller's websites is for informational purposes only and may be modified by the Seller without prior notice. Also, for reasons of space and coherence of the information structure, product descriptions may be incomplete, but the seller makes efforts to present the most relevant information, so that the product can be used within the parameters for which it was purchased;

c. Communication with the store - can be done by interacting with it, posting opinions regarding products or communicating through the addresses mentioned in the "contact" section. Opinions or addresses containing insults or inappropriate language will be excluded from the site or ignored. The seller has the freedom to manage the information received without having to justify it.

d. In the event of an unusually high volume of traffic coming from an internet network, marcman.shop reserves the right to ask users to manually enter captcha validation codes, in order to protect the information on the site.

4. ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and/or subcontract a third party for services related to the fulfillment of the order, with the Buyer's information, without the Buyer's consent being required. The Seller will always be responsible to the Buyer for all contractual obligations.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW (IPR)
The Buyer understands the intellectual property rights and will not disclose to a third party or make public (on the internet or in the media) any of the information received from the Seller.
Also, the site name and graphic signs are registered trademarks owned by Marcman Srl and cannot be taken over, copied or used without the written consent of the owner.

6. PRIVACY - ADVERTISING
Information of any kind provided by the Buyer to the Seller shall remain the property of the Seller. It may only be used for the execution of the contract/Order and may only be disclosed with the written consent of the Seller and after obtaining a confidentiality commitment from the recipient.


No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer regarding the order without the prior written consent of the Seller.
By submitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute these materials or information.

By registering in the Marcman database, the buyer gives his express consent, within the limits of the legislation in force, to be contacted by state, government agencies or insurance associations, when the specific legislation provides for this;

7. RETURN CONDITIONS

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

  • the day on which the Buyer takes physical possession of the last Good – if the Buyer orders products in a single order multiples that will be delivered separately
  • the day on which the Buyer takes physical possession of the last Good or the last piece – in the case of delivery of a product consisting of more than many lots or pieces

The return request is made to the email address comenzi@marcman.shop, by phone or on WhatsApp at 0741943564. Products can be returned for any reason and the products can be unsealed. The buyer only bears the direct costs related to returning the products.

The refund of amounts is made using the same payment methods as those used by the consumer for the initial transaction. When the payment was made by cash on delivery, the Buyer will indicate an account number for the refund of the amounts due.


8. PENALTIES DEADLINES
If the delivery and/or start-up deadlines cannot be met, the Seller is obliged to notify the Buyer of the estimated delivery completion deadline. The Buyer shall have the right to claim additional damages from the Seller, where permitted by law, in the event of the Seller's total or partial failure to perform the Contract in accordance with the established deadlines.


If the Buyer delays payment for the goods due to his own fault within the term provided in the invoice issued by the Seller, he is obliged to pay a penalty of 0.5% per day of the amount due.
If the Seller receives incorrect information regarding the billing or delivery of the products, a new deadline for honoring the order will be established, falling within 3 working days.

9. BILLING - PAYMENTS
The prices of products and services displayed on the website www.marcman.shop include VAT according to the law in force.

The price, payment method and payment term are specified in the Order. The Seller will issue an invoice to the Buyer for the delivered Goods, the Buyer's obligation being to provide all the information necessary for issuing the invoice in accordance with the legislation in force.

The Seller Marcman SR through AROMASQUE PARFUMS SRL will send the Buyer the invoice related to the Order 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 mentioned by the Buyer in his Account or by including the invoice in the parcel.

For correct communication of the invoice related to the Order, the Buyer is obliged to update the data in his Account whenever necessary and to access the information and documents related to each Order, existing in the Account.

Through this method of communication, the Buyer, by accessing his Account on www.marcman.shop, will have a record of the invoices issued by Marcman through Aromasque parfums Srl, being able to save and archive them at any time and in any way he wishes.

By sending the Order, the Buyer expresses his/her agreement to receive invoices in electronic format by adding them by the Seller to the Customer Account or by electronic mail, to the e-mail address mentioned in his/her Account.

9.1 Payment instruments
At the time of registering the Order, the Buyer guarantees to Marcman that he has the necessary authorizations to use the payment instrument chosen for his Order.
9.1.1 Bank cards
The bank cards accepted on the MARCMAN Website and at MARCMAN Customer Service are the following: Visa and Master Card.
9.1.2 Refund (cash to courier)
This payment method involves paying for the order at the time of delivery of the package, with the receipt being issued by the courier company.
9.2 Payment methods
Depending on the payment method chosen, payment must be made when the Buyer places the Order online in the case of payments by bank card, or at the time of delivery of the package in the case of cash on delivery. In case of difficulty in making the payment, the Buyer may contact the bank institution issuing the bank card or, if he believes that he could obtain information from MARCMAN, MARCMAN Customer Service at the telephone number 07419435640 (normal rate), or at the e-mail address: comenzi@marcman.shop
All Orders will be paid in lei (RON), with all taxes and mandatory contributions included.
In addition, MARCMAN reserves the right to suspend or cancel the execution of any Order and/or delivery, regardless of the nature or stage of its execution, in case of non-payment or partial payment of any amounts owed by the Buyer, in case of payment incident or fraud or attempted fraud in connection with the use of the MARCMAN Site, including on the occasion of previous Orders.
9.3 Security of payment operations
To ensure the security of payments made online with a bank card, the Buyer will transmit to MARCMAN the visual cryptogram (CVV code) on the back of the bank card used by the Buyer.
In order to comply with our obligations imposed by the legislation in force regarding the prevention and combating of money laundering or the financing of terrorist acts, especially through acts committed online, your data may be transmitted to authorities, agencies, public bodies, public institutions, which have competence in the field of preventing, prosecuting or sanctioning money laundering or the financing of terrorist acts, or other third parties in which the disclosure of this personal data is required by law.
Additional information regarding the processing of personal data and the rights you have in relation to the processing of this data can be found in Marcman's Privacy Policy and Marcman's Cookies Policy.
In order to mediate payments, Marcman uses a secure payment instrument, called "NETOPIA", provided by the partner - the company NETOPIA FINANCIAL SERVICES SRL.
Payment security is based on the authentication of the Buyer and ensuring the confidentiality of all data. To ensure security, NETOPIA FINANCIAL SERVICES SRL
uses proven cryptography techniques and complies with banking regulations applicable in Romania.



10. RISKS AND RESPONSIBILITIES

a. Delivery methods: (i) Delivery by courier
GLS GENERAL LOGISTIC SYSTEMS ROMANIA SRL, hereinafter « GLS »
At the time of delivery, the delivery is made by the GLS representative. To the Buyer or recipient of the Order, and the latter signs a receipt. This receipt is proof of delivery by Marcman through Aromasque Parfums and of receipt by the Buyer or recipient of the Order of the ordered products.
The delivery of the package itself cannot be contested if the package appears to have been delivered, the carrier's computer system (print screen) proving this fact.
By agreeing to the Terms and Conditions of Sale, the Buyer agrees and authorizes the carrier, if the Buyer himself or the recipient of the delivery is not present at the address indicated for delivery, to deliver the package to any of the persons present in its premises.
The cost of delivery within Romania is 15 (fifteen) lei for orders up to 150 (sixty-fifty) lei. For orders with a value greater than 150 (sixty-fifty) lei, the Buyer benefits from free delivery.
In the case of deliveries via GLS, if the Buyer exercises the right of withdrawal from the sales-purchase contract in the sense of returning the product, Marcman through Aromasque Parfums bears the cost of returning the product only in the event that the Buyer returns via the same courier service. Marcman through Aromasque Parfums does not assume the obligation to bear the transport costs in the event of a return made under conditions other than those above, respectively in the event of the return being made with a courier company other than the one with which the Order was sent or by other methods chosen unilaterally by the Buyer (e.g. Romanian Post etc.).
Orders placed by 11:00 will be delivered on the next business day. In duly justified cases, the delivery period may be a maximum of 30 (thirty) days from the conclusion of the contract. The delivery periods begin to run from the date of conclusion of the sales contract, more precisely from the sending of the electronic message confirming the Order.



b. Transport - Packaging
Unless otherwise agreed by the Seller and the Buyer, the Seller discharges itself of the risks and responsibilities associated with the Goods upon their delivery to the domestic courier company with which the Seller collaborates or to the Buyer's representative.

The Seller will ensure the proper packaging of the Goods and will ensure the transmission of accompanying documents.
The Seller will deliver the Goods within the territory of Romania and the European Union.

11. ACCEPTANCE
Acceptance will be made when the Goods comply with the technical characteristics mentioned in the Order. If the Buyer discovers that the delivered Products do not comply with the technical specifications, then the Seller will bring the Products and Services into compliance. Also, for products sold and delivered by Marcman, the Buyer benefits from the return of the products within 30 days.

12. TRANSFER OF PROPERTY
Ownership of the Goods and Services will be transferred upon delivery, after payment by the Buyer at the location indicated in the order (meaning delivery - signing the receipt of the transport document provided by the courier or signing the receipt on the tax invoice in the case of deliveries made by the Seller's staff).

13. LIABILITY
The Seller cannot be held liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods after delivery and in particular for the loss of the products.

14. PROCESSING OF PERSONAL DATA
SC MARCMAN SRL ("Marcman") is registered in the Personal Data Processing Register under number 31882 / 04.04.2014

According to the requirements of Law No. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented, Marcman is obliged to manage in safe conditions and only for the specified purposes, the personal data you provide us about yourself.
The purpose of collecting data is: informing users/customers (Buyers) regarding the status of their account on marcman.shop, informing users/customers regarding the evolution and status of orders, evaluation of products and services offered, commercial activities, promotion of products and services, marketing, advertising, media, administrative, development, market research, statistics, tracking and monitoring of sales and consumer behavior.
By filling in your data in the account creation and/or Order form, you declare that you unconditionally accept that your personal data be included in Marcman's database, registered in the personal data processing register under number 31882 / 04.04.2014, and you give your express and unequivocal consent that all such personal data be stored, used and processed without territorial and/or temporary limitation by Marcman, its affiliates and collaborators for the development and/or performance by Marcman of activities such as, but not limited to, commercial activities, product promotion, marketing, advertising, media, administrative, development, market research, statistics, sales tracking and monitoring and consumer behavior.
By reading these Terms and Conditions, you acknowledge that you are guaranteed the rights provided by law, namely the right to information, the right to access data, the right to intervention, the right to opposition, the right not to be subject to an individual decision, the right to address the courts in case of violation of your rights guaranteed by Law 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data. At the same time, you have the right to oppose the processing of your personal data and to request their total or partial deletion.
Based on a written, dated and signed request, sent to the address Marcman Srl, Satu Mare, Str Titu Maiorescu no. 7, you can exercise, free of charge, the following rights:
- once a year, to confirm whether or not your personal data is being processed;
- to question the transmitted data;
- to oppose the processing of data for valid and legitimate reasons related to their particular situation
- request the deletion of data, except in situations provided by law.

Thus, marcman.shop can notify users/customers about current offers through the weekly newsletter, and can send greeting cards, gift coupons or other special messages.
marcman.shop does not promote SPAM. Any user/customer who has explicitly provided their email address on the marcman.shop website can opt to have it deleted from our database.
The information you provide to us will be used for the purpose for which you provided it, to administer, support and evaluate our services and to prevent violations of security, the law and our contractual terms.
Marcman may also provide your personal data to other companies with which it is in partnership, but only on the basis of a confidentiality commitment from them, guaranteeing that this data is kept safe and that the provision of this personal information is done in accordance with the legislation in force, as follows: service providers, Courier, payment / banking services, telemarketing or other services, other companies with which we can develop joint programs to offer our products on the market.

Your personal information may also be provided to the Prosecutor's Office, the Police, the Courts and other authorized state bodies, based on and within the limits of legal provisions and as a result of expressly formulated requests.

15. FORCE MAJEURE
Neither party shall be liable for failure to perform its contractual obligations if such failure is due to a force majeure event. Force majeure is an unforeseeable event, beyond the control of the parties and which cannot be avoided.

16. APPLICABLE LAW - JURISDICTION
This contract is subject to Romanian law. Any disputes arising between Marcman and users / customers / buyers will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts.