TERMS AND CONDITIONS FOR USING THE SITE
Sun Wave Pharma (www.sunwavepharma.com) is a Site dedicated to the promotion and marketing of medical supplements (“the Site”).
The use of the Site is subject to the following Terms and Conditions, which you must accept when opening an account and/or when acquiring products.
1. THE CONTROLLER
SUN WAVE PHARMA SRL, limited liability company, established and operating legally in accordance with Romanian law, with headquarters in Pipera Road no. 43, Floreasca Park, Building A, floor 3, Sector 2, Bucharest, Romania, registered at the Trade Registry Office at the Bucharest Court under no. J40/3916/2017, (EUID): ROONRC.J40/3916/2017, unique registration code 37259803. (“Sun Wave Pharma”) is the owner of the Site and the data controller, in relation to the processing of personal data inherent to the use of the Site.
2. ACCESS AND USE OF THE SITE
The Site may be used by any natural person whether or not he/she acquires products from the Site (“the User”). A User may find on the Site information about the products marketed by Sun Wave Pharma and various specialized articles in the medical field. When visiting the Site, the User may choose to purchase medical supplements from the Sun Wave Pharma portfolio, provided that the User is 16 years of age or older at the time of the purchase. In order to take this step, the User is free to choose whether or not to create an account on the Site in advance.
After the registration, the User can change the password received by email using the Control Panel where he/she will find account details, details of orders placed, billing address and delivery address (if entered by the User). When changing the password, the User can fill in their first and last name, the password received by email and the new password chosen. We recommend setting a new password as soon as possible after the creation of the account.
For accessing the account, subsequent to its creation, the User will only use the email address and the password.
Please note that the User of the Site is not required to create an account in order to acquire products from the Site. In any case, after selecting the desired products (adding them to the shopping cart), the User will be directed to a separate page to provide the necessary details for sending the order. For this purpose, the data requested will be: (i) the invoicing data: name, surname, telephone number, email address, postal address, product(s) ordered, details provided by you in relation to the order placed; (ii) delivery data (only if different from the data provided for invoicing): name, surname, telephone number, email address, postal address.
IMPORTANT! Sun Wave Pharma may at any time modify the categories of data required for the authentication on the Site, if such changes are necessary for security reasons, to improve operations or are dictated by a legal obligation.
Adding a product to the shopping cart, without having completed the order, does not entail the registration of an order or the automatic reservation of the product in question.
Sun Wave Pharma may cancel the order placed by the User, upon the prior notification to the User, without any further obligation of either party to the other or without either party being entitled to claim damages against the other in the following cases:
- non-acceptance by the User’s card-issuing bank of the transaction in the case of online payment;
- the data provided by the User on the Site are incomplete and/or incorrect;
- the product(s) ordered is/are no longer available
3. PAYMENT INFORMATION
All prices displayed on the Site are in RON and include VAT (9% and/or 19%). The prices displayed do not include the delivery charges.
For technical reasons beyond Sun Wave Pharma’ control, some products displayed on the Site may have incorrect prices. For these, if the difference between the correct price and the displayed price is more than 20%, we reserve the right to contact you personally or to cancel your order directly.
Sun Wave Pharma reserves the right to change the prices applicable to products at any time without prior notice and without reason. The new prices will only be applicable to products acquired after the date of the price change. If you do not agree to the price changes, you have the option to discontinue the acquisition of the products.
The payment can be made by cash-on-delivery or online, by credit card. The cards accepted for payment are those issued under the VISA (Classic and Electron) and MASTERCARD (including Maestro, if they have a CVV2/CVC2 code). No additional fees are charged for transactions.
All payment issues will be fully handled by Sun Wave Pharma representatives. If you have any questions, please send an e-mail to: firstname.lastname@example.org.
4. THE RIGHT TO RETURN/EXCHANGE THE ACQUIRED PRODUCT
The User has the right to cancel the products purchased on the Site, without penalty and without giving any reason, within 14 days of receiving the products, in accordance with the provisions of GEO no. 34/2014 on consumer rights within the contracts concluded with professionals.
The User will be able to request a product exchange, without penalty and without giving a reason, within 14 days of receiving the product. In case of requesting a product that is more expensive, the User will pay the difference in price. In case of a request for a cheaper product, the difference in price will be returned within 14 calendar days to the User’s bank account.
In all cases of returning or replacement of products, the shipping costs for returning or replacement will be borne by the User. If a different product has been sent than the one ordered, the shipping charges will be borne by Sun Wave Pharma.
The seller will send the requested product for exchange only after the User has returned the product originally purchased. The cancellation of the purchase of a product or its replacement will be performed within 30 days of the return and under the following conditions:
- the products must be returned sealed (the packaging, intact);
- the condition of the products must be unchanged, not damaged or showing signs of wear or consumption;
- the product must be sent in its original packaging, together with all related documents and accessories intact, in the condition in which they were dispatched by Sun Wave Pharma (box, leaflet, etc.)
Otherwise, Sun Wave Pharma reserves the right to refuse the return or to charge a fee for bringing the products back to a marketable condition.
The user has the right to opt once to return or replace a product. Repeatedly giving up the purchase will be considered abuse and Sun Wave Pharma has the right to block with immediate effect, temporarily or permanently, the access to the account involved in the abuse.
For orders paid by card the amount will be refunded to the same card used for the transaction within 14 days of the acceptance of the return. The amount refunded following the return will be the amount paid by the User when placing the order.
5. ACCEPTANCE OF TERMS AND CONDITIONS
By accepting the Terms and Conditions, the User agrees that he/she:
- will provide accurate and complete information for the use of the Site (e.g., when acquiring products);
- will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the content, products or services provided by Sun Wave Pharma or obtained through the Site, except with the prior written consent of Sun Wave Pharma;
- will not use the Site for any purpose that is unlawful or prohibited by the stipulated Terms and Conditions or other relevant policies.
6. CONDITIONS AND CONSEQUENCES OF THE USE OF THE SITE
Any content element used on the Site, such as trademarks, service marks, logos, images, text, graphics, audio, animation, articles and all other materials displayed on the Site are the exclusive property of Sun Wave Pharma and/or its partners. In addition, all software and technology used, offered or implemented on or through the Site are the property of Sun Wave Pharma or its licensors and are protected by copyright and other applicable laws.
The users are allowed to use all such materials only to access and use the Site. These materials may not be copied, disassembled, modified, reproduced, published on other Sites or in any networked computer environment, used for public purposes, framed, exchanged or distributed, redistributed, licensed, sublicensed or transferred in any form, by any person, without the prior written consent of Sun Wave Pharma.
Sun Wave Pharma grants its Users a limited, non-exclusive, revocable license to view, print or download any useful and/or possible materials from the Site, solely for personal, non-commercial use, provided that all copyright and other proprietary notices contained in the original documents are retained in the downloaded materials – without their alteration.
The User represents and understands that any unauthorized use of these materials constitutes an infringement of the intellectual property rights of Sun Wave Pharma, its partners or their licensors and will trigger the exercise of all legal remedies.
Sun Wave Pharma is not responsible for the continued operation of the Site or for any fraudulent/abusive use of the Site by any person.
Sun Wave Pharma cannot control and does not offer any suggestions, warranties or conditions regarding the security or content of the external information that is transmitted from the Site User’s network via the Internet for the access to and use of the Site. The Site is available via the Internet – a network not under the direct or indirect control of Sun Wave Pharma.
Sun Wave Pharma will perform all reasonable acts and will make all reasonable efforts to maintain the security of the information and will take the appropriate technical and organisational measures to ensure the security of the data, but cannot guarantee that the information the User receives or sends using the services via the Internet will always be secure. Thus, Sun Wave Pharma recommends that the Users constantly check the security policies of the browser used, as well as the terminal used to access the Site, so that it has an antivirus software installed against viruses of any type or against any external cracking or hacking attacks.
The User is prohibited from using and/or allowing any third party to use the Site for immoral or illegal purposes.
The User has the obligation to keep confidential the information regarding the access to the account created on the Site (i.e., email address and password), being solely responsible for any consequences that the disclosure of this access information to a third party may have, whether the disclosure was intentional, negligent or reckless.
The User is directly responsible for all his actions and errors leading to material loss and/or damage of any kind, for himself or for third parties, whether he/she acted intentionally, negligently or recklessly (resulting, for example, in facilitating fraudulent access attempts). The User may access the Site 24 hours a day, 7 days a week, except during the periods when the Site is restricted or suspended for technical reasons.
The users who damage the security of the systems or networks or who undermine their integrity will face the consequences (criminal or civil) established by the applicable legal rules.
Sun Wave Pharma will use its best endeavours and do its utmost to make sure that the Site operates at maximum parameters in order to transmit to its Users all up-to-date data and information. However, Sun Wave Pharma does not guarantee that the Site is error-free or that it is always operating at maximum parameters, so Sun Wave Pharma shall not be legally responsible for any inadvertence or erroneous information presented on its platform, but shall take all necessary actions to promptly remedy any errors, at the request of any User.
7. PROCESSING OF PERSONAL DATA
8. DEACTIVATION OF THE ACCOUNT
In the “my account” section of each user, the user must be able to delete his/her account by clicking on a delete account button, and his/her data will be kept in the Site’s database for a period of 3 years.
9. FORCE MAJEURE
All force majeure events defined by the Romanian law are grounds for suspension and termination of Sun Wave Pharma’ obligations.
Sun Wave Pharma shall not be liable for any failure to perform its obligations under these Terms and Conditions if such failure to perform on time and/or properly, in whole or in part, is due to an event of force majeure. Force majeure is any unforeseeable, absolutely invincible and unavoidable external event.
10. APPLICABLE LAW. JURISDICTION
These Terms and Conditions are governed by the laws of Romania.
The site can be accessed from anywhere in Romania, but also from outside this territory (i.e. from other countries), as far as the technical conditions allow it. Sun Wave Pharma does not guarantee in any way the compatibility of the content of the Site and/or the Terms and Conditions with the legislation applicable in the country from which the User accesses the Site (including with regard to the provisions relating to the intellectual property rights).
These Terms and Conditions are governed by the laws of Romania. In the event of any disputes arising in relation to the Terms and Conditions, an amicable resolution will be sought between the parties involved. In case no agreement could be reached in this way, the disputes shall be settled by the competent courts of Romania.
11. CONTACT DATES. COMPLAINTS AND INTIMATIONS
Any User may submit a suggestion, complaint and/or intimation concerning or related to the Site. The suggestions, complaints and/or intimations may be submitted by e-mail at the address email@example.com.
The suggestions, complaints and/or intimations sent to Sun Wave Pharma will include the name, surname, telephone number and e-mail address to which the person wishes to receive a response from Sun Wave Pharma.
The complaints and/or intimations will be analysed by Sun Wave Pharma and the users will receive a response within 30 days of the receipt of the complaints and/or intimations.
12. FINAL PROVISIONS
Sun Wave Pharma may, at any time, revise the Terms and Conditions of Use of the Site. The continued use of the Site will be considered as an implicit acceptance thereof on behalf of the User.
Sun Wave Pharma advises its Users to read the Terms and Conditions carefully before each visit of the Site in order to be aware of their updated version.
The use of the Site implies the full acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.