1. DEFINITIONS AND TERMS

IQ VERDE – is the trade name of IQ VERDE S.R.L., a Romanian legal entity, having its registered office in Bucharest, Sos. Bucuresti Ploiesti no. 1A, Building C, 1st floor, Sector 1, 013681, having its registration number in the Trade Register J40/11251/19.06.2023, unique fiscal registration code RO48350620.

Seller – IQ VERDE

Buyer – an individual / legal entity or any other legal entity that creates an Account on the Site and places an Order.

Client – an individual / legal entity that has or obtains access to the CONTENT, through any means of communication made available by IQ VERDE (electronically, by phone, etc.) or based on an existing user agreement between IQ VERDE and them, which requires the creation and use of an ACCOUNT.

User – any individual/legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the General Terms and Conditions section.

Nickname – a pseudonym by which a specific User/Client/Buyer can add Content to the Site. The Nickname is associated with the User/Client/Buyer's information on the Site under the name “Username”.

Account – the section of the Site consisting of an email address and a password that allows the Buyer to submit the Order and which contains information about the Client/Buyer and the Buyer's history on the Site (Orders, tax invoices, warranties, Goods, etc.).

Favorites – a section in the Account that allows the Buyer / User to create Lists.

Site – the domain www.thebodyshop.ro

Order – an electronic document that acts as a form of communication between the Seller and the Buyer, through which the Buyer transmits to the Seller, via the Site, their intention to purchase Goods and Services from the Site.

Goods and Services – any product or service, including the documents and services mentioned in the Order, which are to be supplied by the Seller to the Buyer as a result of the concluded Contract.

Campaign – the act of displaying for commercial purposes a finite number of Goods and/or Services with a limited and predefined stock, for a limited period of time established by the Seller.

Contract – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

Content

• all information on the Site that can be visited, viewed, or otherwise accessed through the use of electronic equipment;
• the content of any email sent to Buyers by the Seller through electronic means and/or any other available communication means;
• any information communicated by any means by an employee/collaborator of the Seller to the Buyer, according to the contact information, whether specified or not by the Buyer;
• information related to the Goods and/or Services and/or tariffs practiced by the Seller during a certain period;
• information related to the Goods and/or Services and/or tariffs practiced by a third party with whom the Seller has concluded partnership agreements, during a certain period;
• data referring to the Seller, or other privileged data of the Seller.
• Document – these Terms and Conditions.

Newsletter – a means of periodic information, exclusively electronic, namely electronic mail (email, SMS) regarding the Goods and Services and/or promotions carried out by the Seller during a certain period, without any commitment on the part of the Seller regarding the information contained therein.

Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by IQ VERDE to the Buyer, through the use of the services of the card processor agreed upon by the Seller, regardless of the delivery method.

Green stamp tax – the value expressed in RON, paid by the Seller to the company authorized to take over the operations of collection, transport, and recovery/recycling of waste, as provided by the legislation in force.

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

2. CONTRACTUAL DOCUMENTS

2.1. By placing an Order on the Site, the Buyer agrees to the form of communication (telephone or email) through which the Seller carries out its commercial operations.

2.2. The notification received by the Buyer after placing the Order has an informative role and does not represent the acceptance of the Order. This notification is made electronically (email) or by SMS.

2.3. For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in the Order. If it modifies the quantity of Goods and/or Services in the Order, it will notify the Buyer at the email address or phone number provided to the Seller when placing the Order and will refund the paid amount.

2.4. The Contract is considered concluded between the Seller and the Buyer at the moment of receipt by the Buyer from the Seller, via email and/or SMS, of the Order dispatch notification.

3. ONLINE SALES POLICY

3.1. Access to place an Order is allowed to any Client/Buyer. For justified reasons, IQ VERDE reserves the right to restrict the Client/Buyer's access to place an Order and/or to some of the accepted payment methods, if it considers that based on the Client/Buyer's conduct or activity on the Site, their actions could prejudice IQ VERDE in any way. In any of these cases, the Client/Buyer can contact the IQ VERDE Customer Relations Department to be informed about the reasons that led to the application of the aforementioned measures.

3.2. Communication with the Seller can be achieved through direct interaction with them or through the addresses mentioned in the “contact” section of the Site. The Seller has the freedom to manage the information received without being required to provide justifications for this.

3.3 In the case of an unusually large volume of traffic coming from an internet network, IQ VERDE reserves the right to ask Clients/Buyers to manually enter captcha-type validation codes, in order to protect the information on the Site.

3.4. IQ VERDE may publish on the Site information about Goods and/or Services and/or promotions practiced by it or by any other third party with whom IQ VERDE has concluded partnership agreements, for a certain period of time and within the limits of available stock.

3.5. All tariffs related to the Goods and/or Services presented on the Site are expressed in RON and include V.A.T.

3.6. Under the conditions provided by law, the price of the Goods displayed on the Site includes the Green stamp tax. If the Client/Buyer requests details regarding the exact amount added to the price of the Good, they will contact the IQ VERDE Customer Relations Department.

3.7. In the case of online payments, the Seller is not/cannot be held responsible for any other additional cost incurred by the Buyer, including but not limited to currency conversion commissions applied by their card-issuing bank, if the currency of issuance differs from RON. The responsibility for this action lies solely with the Buyer.

3.8. All information used for the description of the Goods and/or Services available on the Site (static/dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, as these are used exclusively for presentation purposes.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

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

4.2. The Client/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, expose, include any Content in any context other than the original intended by IQ VERDE, include any Content outside the Site, remove the signs that signify IQ VERDE's copyright on the Content, as well as participate in the transfer, sale, distribution of materials created by reproducing, modifying, or displaying the Content, except with the express written consent of IQ VERDE.

4.3. Any Content to which the Client/Buyer has and/or obtains access through any means is subject to the Document, in case the Content is not accompanied by a specific and valid user agreement concluded between IQ VERDE and them, and without any implicit or express warranty from IQ VERDE regarding that Content.

4.4. The Client/Buyer may copy, transfer, and/or use Content only for personal or non-commercial purposes, only if these do not conflict with the provisions of the Document.

4.5. In case IQ Verde grants the Client/Buyer the right to use, in the form described in a separate user agreement, a certain content, to which the Client/Buyer has or obtains access following this agreement, this right extends only to that or those contents defined in the agreement, only for the period of their existence on the site or the period defined in the agreement, according to the defined conditions, if they exist, and does not represent a contractual commitment on the part of IQ VERDE for the respective Client/Buyer or any other third party who has/obtains access to this transferred content, by any means, and who could be or is prejudiced in any way as a result of this content, during or after the expiration of the user agreement.

4.6. No Content transmitted to the Client or Buyer, through any means of communication (electronic, telephone, etc.) or acquired by them through accessing, visiting, and/or viewing, constitutes a contractual obligation on the part of IQ VERDE and/or the IQ VERDE employee/agent who facilitated the Content transfer, if it exists, regarding the respective content.

4.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the user agreement accompanying it, if it exists, is prohibited.

5. ORDER

5.1. The Client/Buyer can place Orders on the Site by adding the desired Goods and/or Services to the shopping cart, then finalizing the Order by making the payment through one of the expressly indicated methods. Once added to the shopping cart, a Good and/or a Service is available for purchase to the extent that there is available stock for it. Adding a Good/Service to the shopping cart, in the absence of finalizing the Order, does not entail the registration of an order, and implicitly, not the automatic reservation of the Good/Service.

5.2. By finalizing the Order, the Buyer agrees that all data provided by them, necessary for the purchasing process, are correct, complete, and true at the date of placing the Order.

5.3. Your payments will be processed by our collaborators. In this regard, we inform you that the refusal to communicate the data requested by them for the execution of payments will automatically lead to the refusal of your orders. Online payment processor: NETOPIA Payments.

5.4. By finalizing the Order, the Buyer agrees that the Seller may contact them, through any means available/agreed upon by the Seller, in any situation where contacting the Buyer is necessary.

5.5. The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other in the following cases:

5.5.1. non-acceptance by the Buyer's issuing bank of the transaction, in the case of online payment;

5.5.2. invalidation of the transaction by the card processor agreed upon by IQ VERDE, in the case of online payment;

5.5.3. the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;

5.6. The Buyer has the right to withdraw from the Contract, namely to return a Good or to renounce a Service, within 14 working days, without invoking any reason and without bearing other costs than the delivery costs.

Thus, according to GEO no. 34/2014, the period for returning a Good or renouncing a Service expires within 14 working days from:

• the day on which the Buyer enters into physical possession of the last Good
• in case the Buyer orders multiple products through a single order which will be delivered separately
• the day on which the Buyer enters into physical possession of the last Good
• in case of delivery of a product consisting of several lots,

5.7. In case the Client/Buyer requests withdrawal from the Contract within the legal term for withdrawal from the contract, they must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will refund the amount within a maximum of 5 (five) working days from the date of informing the Seller by the Buyer about their decision to withdraw from the Contract. The amount will be refunded as follows:

5.7.1. for Orders paid by online card -> by refund to the account from which the payment was made;

5.7.2. for Orders paid by Bank Transfer/reimbursement/Bank card -> by bank transfer;

5.8. The Seller will be able to postpone the refund of the amount until the receipt of the sold Goods or until receipt of proof that they have been dispatched, if they have not offered to recover the Goods themselves (the most recent date will be taken).

5.9. In case a Good ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer about this fact and will refund to the Buyer's account the value of the Good within a maximum of 5 (five) working days from the date on which the Seller became aware of this fact or from the date on which the Buyer explicitly expressed their intention to terminate the Contract.

5.10. The availability of a Good will be displayed on the Site as follows:

5.10.1. “in stock” – we have more than 3 pieces in stock

5.10.2. “limited stock” – we have less than 3 pieces in stock

5.10.3. “stock alert” – the product is currently unavailable, by accessing the button and filling in the email address, the client will be notified when the product is back in stock.

6. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT PROVIDED

6.1. The following are exempted from the right of withdrawal from the Contract:

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

6.1.3. the supply of Goods made according to the specifications presented by the Buyer or clearly personalized;

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

6.1.5. the supply of sealed Goods which cannot be returned for health protection or hygiene reasons and which have been unsealed by the Buyer;

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

6.1.7. the supply of digital content that is not delivered on a tangible medium, if the performance has begun with the Buyer's prior express consent and after they have acknowledged that they will lose their right of withdrawal.

7. CONFIDENTIALITY

7.1. IQ VERDE will maintain the confidentiality of information of any nature that you provide. The disclosure of the information provided may be made only under the conditions mentioned in this Document.

7.2. No public statement, promotion, press release, or any other way of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.

7.3. By transmitting information or materials through this site, you offer the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the Seller can freely use, for its own interest, these information, ideas, concepts, know-how, or techniques that you have sent us through the Site. IQ VERDE will not be subject to obligations regarding the confidentiality of the sent information, if the legislation in force does not provide other specifications in this regard.

7.4. By registering in the IQ VERDE database, the Client/Buyer provides their express consent, within the limits of the legislation in force, to be contacted by third parties, partners of IQ VERDE: marketing service providers, other service providers for the purpose of fulfilling the object of the Contract concluded between the Buyer and the Seller, as well as by state and governmental agencies when required by specific legislation; as well as by other companies with which IQ VERDE may develop joint programs for offering Goods and/or Services on the market, etc.

8. ADVERTISING

8.1. IQ VERDE newsletters are sent through specialized partners approved by IQ VERDE. Thus, the confidentiality and security of the information are ensured.

8.2. When the Client creates an Account on the Site, they have the possibility to express their agreement regarding the receipt of Newsletters.

The Client may modify their option regarding the agreement given to the Seller at any time:

8.2.1. by contacting IQ VERDE in this regard.

8.2.2. by accessing the unsubscribe link displayed in the commercial messages received from the Seller.

8.3. Opting out of receiving Newsletters does not imply withdrawing consent for this Document.

9. BILLING – PAYMENT

9.1. The prices of Goods and Services displayed on the www.thebodyshop.ro website include V.A.T. according to the legislation in force.

9.2. The price, payment method, and payment term are specified in each Order. The Seller shall issue an invoice to the Buyer for the delivered Goods and Services, and it is the Buyer's obligation to provide all information necessary for the issuance of the invoice in accordance with the legislation in force.

9.3. The Seller shall transmit to the Buyer the invoice corresponding to the Order containing Goods and/or Services sold by IQ VERDE, 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 via email to the email address mentioned by the Buyer in their Account.

9.4. For the correct communication of the invoice related to the Order, the Buyer is responsible for updating their Account details whenever necessary and for accessing the information and documents related to each Order, existing in the Account.

9.5. By submitting the Order, the Buyer expresses their agreement to receive invoices in electronic format by having them added by IQ VERDE to their Account or via email to the email address mentioned in their Account.

10. DELIVERY/RETURN OF GOODS

10.1. The Seller undertakes to deliver the Goods via a door-to-door courier system or to a locker, according to the Client's option.

10.2. The Seller will ensure the appropriate packaging of the Goods and will ensure the transmission of the accompanying documents.

10.3. IQ VERDE undertakes to process all orders and ship the ordered products (within the limits of available stock) within a maximum of 3 - 5 calendar days from the date of placing each order, with the exception of the periods of March 1-8, Black Friday, Christmas, or Easter, when the processing and delivery time changes to 7 - 10 business days from the date of placing each order. Products are considered delivered at the moment they are handed over to the courier.

10.4. The Seller will deliver the Goods and Services only on the territory of Romania.

 10.5. The Client may return purchased products within a maximum of 14 calendar days from receipt. The ordered product will be returned in the same condition in which it was delivered, with the same label attached, original packaging, and along with the delivery documents that accompanied it. Within a maximum of 5 business days from the return date, we will refund the value of the order to the account provided by the Client. To return products, the Client must access the Return Policy section. 

10.6. The Client undertakes to pay the delivery cost of the Product, specifically the sum of 14 Lei  (VAT included) in the case of orders up to 190 Lei. For orders with a value greater than [this amount], the Client will benefit from free delivery.

11. WARRANTIES

11.1. All Goods sold by IQ VERDE benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers. The Goods are new, in their original packaging, and come from sources authorized by each individual manufacturer.

11.2. In the case of Goods sold and delivered by IQ VERDE, the warranty certificates are issued either by the Seller or directly by the manufacturer.

11.3. In the case of warranty certificates issued by manufacturers, the Good claimed to be defective during the warranty period must be presented directly to the nearest service center mentioned in the certificate. This center authorized by the manufacturer will take full responsibility for resolving the warranty; in the case of warranties issued by the seller, the client must address the nearest IQ VERDE store or ship the product to the IQ VERDE headquarters listed on the warranty certificate.

11.4. The lack of the Good's warranty certificate must be reported within a maximum of 48 (forty-eight) hours from the receipt of the goods to the address contact@thebodyshop.ro. Any subsequent notification will not be taken into consideration.

12. PROCESSING OF PERSONAL DATA

For information regarding the way we process your personal data, please read the “Personal Data Processing“ section

13. FORCE MAJEURE

13.1. Neither party will be liable for the non-execution of its contractual obligations if such non-execution on time and/or in a proper manner, totally or partially, is due to a force majeure event. Force majeure is an unpredictable event, outside the control of the parties, and which cannot be avoided.

13.2. If within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the automatic termination of the Contract without either of them being able to claim other damages from the other.

14. APPLICABLE LAW – JURISDICTION

This Contract is subject to Romanian law. Any disputes arising between IQ VERDE and the Clients / Buyers will be settled amicably or, if this is not possible, the disputes will be settled by the competent Romanian courts in the Municipality of Bucharest.

For information regarding the way we process your personal data, please read the “Personal Data Processing" section