Terms and conditions

The website www.cosmopharm.eu, hereinafter referred to as “cosmopharm.eu” or “the website”, is owned and managed by Cosmo Pharm SRL, hereinafter referred to as “Cosmo Pharm”, having the following identification data: Unique Code of Registration RO 6058303, registration number at the Trade Registry J40/15215/1994, Bucharest, Romania, Șoseaua de Centura, no. 24-26, Tunari Commune, Jud. Ilfov, Tel./Fax: 021.323.00.46; e-mail: contact@cosmopharm.eu ; comenzi@cosmopharm.eu , mobile: +4037.237.22.00, telverde: 0800.826.766.

 

The products sold on this site are not intended for resale!

 

The use of this site is equivalent to the reading, understanding and acceptance by the Customer of the terms and conditions detailed below. We recommend reading them carefully both when you first access the website www.cosmopharm.eu, but also periodically. Cosmo Pharm reserves the right to modify and update the content of this website at any time, without prior notice. Clients/users expressly accept that simply using or accessing the services offered by www.cosmopharm.eu means full and unconditional acceptance of these conditions, together with any subsequent changes.

Cosmo Pharm guarantees the Client/User limited access, in personal interest (making online orders, information), to the website www.cosmopharm.eu and does not grant him the right to download or modify partially or fully, to reproduce partial or complete content of the site, to copy, sell/resell or exploit the site in any other way, for commercial purposes or contrary to the interests of Cosmo Pharm without its prior written consent.

If Cosmo Pharm does not act in relation to a violation of the Terms and Conditions, it does not mean that it waives its right to act in relation to future or similar violations. If a court finds that any provision of these Terms is unenforceable or invalid, that provision will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in effect and fully enforceable.

The Client/User cannot assign, delegate or transfer his rights or obligations contained in these Terms and Conditions.

In case of divergence or misunderstandings between www.cosmopharm.eu and the Client, the Terms and Conditions valid at the time of the Order will apply.

The relationship between the parties is mainly governed by the following normative acts:

OG no. 21/1992 on consumer protection

GEO no. 34/2014 regarding the rights of consumers in contracts concluded with professionals

Law no. 363/2007 on combating unfair practices of traders in the relationship with consumers and harmonizing regulations with European legislation on consumer protection

Law 365/2002 on electronic commerce.

 

 

1. DEFINITIONS

User – any person who visits the website www.cosmopharm.eu. Customer – natural person / legal person who places an Order.

Products and Services – any product or service mentioned in the Order, to be provided by Cosmo Pharm, to the Client.

Order – an electronic document that acts as a form of communication between Cosmo Pharm and the Client through which the Client expresses his intention to purchase certain Products and/or Services and to make payment for them.
Cosmo Pharm (www.cosmopharm.eu) – the company Cosmo Pharm SRL, having the following identification data: Unique Registration Code RO 6085303, registration number at the Trade Register J40/15215/1994, headquarters in Corneliu Coposu no. 5, Sector 3, Bucharest, Romania.

Contract – an Order confirmed by Cosmo Pharm, by which Cosmo Pharm agrees to sell and deliver the Products and/or Services, and the Customer agrees to purchase, receive and pay for these Products and Services.

Courier – any person under public or private law that provides express courier services.

 

2. INTELLECTUAL PROPERTY RIGHTS

The entire content of the website www.cosmopharm.eu, including, but not limited to: images, texts, web graphic elements, scripts, software, design rights, model rights, patents, trademarks, is fully the property of Cosmo Pharm (or, as the case may be, its suppliers) and is protected by the Law on copyright and related rights and by the laws on intellectual and industrial property. The use without the consent of Cosmo Pharm of any of the elements listed above is punishable according to the legislation in force. Cosmo Pharm logos are registered trademarks of Cosmo Pharm. The use on www.cosmopharm.eu of any registered trademark names of third-party companies does not constitute advertising for those companies.

 

3. DISCLAIMER OF LIABILITY

Cosmo Pharm does not assume responsibility and cannot be blamed for damages caused by using the content of www.cosmopharm.eu. Cosmo Pharm cannot guarantee that the site, the servers on which it is hosted, or the e-mails sent from www.cosmopharm.eu are free of viruses or other potentially harmful computer components, that they do not contain errors, omissions, defects, delays or interruptions in operation or transmission, line drops or any other similar factors. The user uses the site at his own risk, www.cosmopharm.eu being free from any liability for any direct or indirect damages caused by the use or access/visiting of the site or as a result of the use of the information on the site. Cosmo Pharm is not responsible for errors or omissions that may occur in the drafting or presentation of materials on the website.

The information included on www.cosmopharm.eu is informative (the pictures of the products are for presentation purposes) and is made available in good faith, from sources that Cosmo Pharm considers reliable. In the event that any of the published articles or any other information falls under the scope of the Law on copyright and related rights, the User is requested to bring this fact to the attention of Cosmo Pharm at the e-mail address contact@cosmopharm.eu, in order to be able take the necessary legal measures.

Cosmo Pharm reserves the right to cancel Orders for Products and/or Services that are displayed on the website as a result of technical errors, or that, due to technical errors, present obviously erroneous/derisive prices for Products (prices that it can appreciate as being erroneous/ridiculing any buyer with an average level of training).

Any possible links to other sites are offered only for the purpose of increased accessibility of information, and www.cosmopharm.eu does not assume any responsibility or liability for the content of those sites or for the products or services promoted or marketed through those sites.

www.cosmopharm.eu reserves the right to make changes and updates to these Terms and Conditions, as well as the offer, without prior notification and without specifying the reasons; also, www.cosmopharm.eu reserves the right to correct possible omissions or display errors that may occur as a result of typing mistakes, lack of accuracy or software product errors, without prior notice. By default, www.cosmopharm.eu does not assume responsibility for possible price or stock errors. These errors do not oblige www.cosmopharm.eu to take any action. The prices and availability of the products sold by www.cosmopharm.eu may undergo further changes, this being influenced by external factors such as the price policy of the manufacturers or the availability of the products in their stock. Confirmation of the order and implicitly of the stock and the sale price, is carried out only after its processing by the Cosmo Pharm agents. Please read the Terms and Conditions carefully, every time you use this site.

 

4. LIMITATION OF ACCESS TO THE SITE

The users of the www.cosmopharm.eu site can make comments and any other communications, they can send suggestions, questions or information, if their language is civilized, and the content of the communications is not illegal, obscene, threatening, defamatory, does not disturb in any way other people’s private lives, does not violate intellectual property rights, does not contain viruses, does not serve promotional campaigns unrelated to www.cosmopharm.eu, is not mass e-mail or any other form of spam. Persons who will use a false e-mail address or send electronic messages or any other communications in the name of another natural or legal person or in the name of any other entity will be reported to the competent bodies. Cosmo Pharm does not assume responsibility and will not be liable for any kind of compensation for any kind of damage caused by such communications. In the case of sending or displaying materials/documents involving texts, replies, reviews, etc., formulated by Users, it is considered that the respective User guarantees their originality and grants www.cosmopharm.eu and its affiliates/associates the non-exclusive, unlimited, free, irrevocable right and retransmissible to use, reproduce, modify, adapt, publish, translate, create derivative works, as well as the right to distribute, to present these contents anywhere in the world, by any means. The user guarantees that he has all the rights to the content that he displays or transmits on the site, by any means, so that, by using this content, he does not cause damage to any third-party physical or legal entity.

 

5. PERSONAL DATA PROCESSING

Cosmo Pharm complies with Law no. 190/2018 regarding the processing of personal data. The categories of personal data processed can be: name and surname, gender, date and place of birth, citizenship, data from civil status documents, telephone/fax, address (domicile/residence), e-mail, profession, place of work, training professional, geolocation data/traffic data. When a User creates an account on www.cosmopharm.eu, he will receive commercial communications from www.cosmopharm.eu only to the extent that he has expressed his consent by selecting the appropriate option. The data collected regarding newsletters and alerts are confidential. www.cosmopharm.eu will be able to select the Users to whom it will send newsletters and alerts. The completion by the Users of the forms on the site is equivalent to the unconditional acceptance that these data are included in the database of Cosmo Pharm and with the use and processing by Csosmo Pharm, their affiliates and collaborators, for the performance of the activities listed above, including, but not limited to: marketing service providers, courier, payment / banking services. The refusal to provide this data determines the impossibility of honoring the Orders. If the Customer modifies by using the forms on the website the personal data already delivered to www.cosmopharm.eu and there are Orders in progress, the Orders keep their data from the moment the Order was placed and the delivery of the products will be made taking into account the data previously provided.

www.cosmopharm.eu does not ask its Users by any means of communication (telephone/e-mail, etc.) for confidential information, data about bank accounts, personal passwords, etc. If the User discloses them to third parties, he bears full responsibility for his actions. Thus, in cases of disclosure of such data, the User cannot hold www.cosmopharm.eu responsible for any kind of damage.

For all the details regarding the rights of data subjects regarding the protection of personal data processing, please consult the Security Policy for the Processing of Personal Data, available in the section dedicated to it on our website.

6. USER REGISTRATION

To create an account on the www.cosmopharm.eu website, the User is obliged to use a valid e-mail address. www.cosmopharm.eu can refuse the registration request in situations where it finds that information inconsistent with reality has been used.

 

7. THE PRICE

All prices are expressed in Lei, include VAT and are final: (i) regarding food supplements – VAT at a rate of 9%; (ii) regarding cosmetic products – VAT at a percentage of 19%. The prices are those from the date of ordering the products, regardless of any subsequent price changes. The final price paid by the Customer consists of the product price + shipping costs. Delivery prices are detailed on the website.

The transport for orders over 150 lei is borne by www.cosmopharm.eu (the actual amount to be paid by the customer will be taken into account, regardless of any discounts existing in the order following promotions or the use of vouchers, promotional codes or other loyalty mechanisms). In the case of orders with a value of less than 150 lei, the transport rate is calculated according to the locality, being paid by the Customer.

 

8. ORDER

To activate the service, the User must set the preferred Order details (where to be delivered, shipping method and payment method) in the User account, and these settings will be retained and used for each Order. These settings can be modified at any time, they become operable starting with the next order placed. By completing the Order, the Customer guarantees that all the data provided is real and correct, otherwise, he may bear the consequences of these errors (delayed order, wrongly sent, etc.).

www.cosmopharm.eu cannot be held responsible for erroneously entered information, which may result in delivery delays. In this context, all transport charges made in order to resend the Order will be borne by the Customer.

By completing the Order, the Customer agrees that a Cosmo Pharm representative may contact him, by any means available, agreed by the Parties (e-mail/telephone) for personal confirmation of the Order.

Cosmo Pharm can refuse an Order following a prior notification addressed to the Customer, without any obligations between the parties and without a party being able to claim damages, for the following situations:

• failure / invalidation of the online transaction;

• non-acceptance by the issuing bank of the Client’s card / the transaction;

• incomplete or incorrect Customer data;

• the Client’s activity may cause damage to the website www.cosmopharm.eu /partnerilor;

• consecutive failed deliveries;

other objective reasons (for example, but not limited to: the case where the Client does not guarantee that the payment method is valid and that it is not obtained through a fraudulent method, there are suspicions regarding the payment method, etc.).

Even if it has taken all measures to ensure that the information presented on this website is accurate and correct, www.cosmopharm.eu cannot be held responsible for inaccuracies that may appear when the Customer completes the forms on the website to complete the Order. Users are responsible for evaluating the accuracy, completeness and usefulness of the information provided in the forms available on this site.

 

9. BILLING – PAYMENTS

The price and payment method are specified in the Order. Cosmo Pharm will issue the Customer an invoice for the Products and Services delivered, the Customer’s obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.

 

10. METHODS OF PAYMENT

• Cash payment is made in lei, in full, upon delivery. In the case of parcels delivered by courier, he will issue a receipt.
• Credit card – online payment – This payment method is completely secure. The bank and the payment processor (EuPlatesc.ro) are the only institutions that come into contact with your information, they offer a total guarantee. If the transaction is authorized, the payment is made immediately, the purchased products will be delivered within no more than 5 working days from the moment the order is confirmed. More information about paying by credit card can be obtained here.

 

11. TERM OF VALIDITY

The validity period is in accordance with the data mentioned on the labels of the Products, with strict observance of the storage/handling conditions. Cosmo Pharm is responsible for all product defects present on the date of delivery or appearing within the validity period. A notification must be made online, by e-mail or by phone, at the address or no. phone number specified in the “Contact” section of this website. The customer will be able to be reimbursed the value of the product in a bank account or in the form of a voucher. The notification must contain the description of the claimed defect and a copy of the invoice (or any other document proving the purchase). Any notification will be processed without delay and the Client will be informed about the findings. The return procedure will be sent by e-mail to the customer, as soon as the notification has been received.

 

12. RETURNS IN CASE OF HIDDEN DEFECTS ARE ALLOWED IN THE FOLLOWING SITUATIONS:

• In the event that a product within its validity period shows non-conformities that make its administration/use unsafe or impossible, it will be replaced;

• If the presented defect cannot be removed due to its disproportionate nature, and product replacement is not possible, the Customer will have the opportunity to receive the amount of money in a bank account in RON;
• In the case of other defects that cannot be removed, and that require the replacement of the product.

 

Depending on the nature of the situation, proof of product purchase is sufficient and necessary.
Exclusively, in the case of returns related to non-compliant products, according to this article, the transport costs are borne by Cosmo Pharm. In order to benefit from them, the Client has the following obligations:
• the product must have been purchased from www.cosmopharm.eu and used only for the purpose for which it was designed;
• to comply with the instructions for use/storage/handling and to use the product according to the instructions imposed by the manufacturer;
• to keep the fiscal document with which he bought the product;
• keep the original packaging and all the accessories that came in it, and deliver them together with the product.

 

Reasons for not accepting the return:
• damage to the packaging; excessive exposure to solar radiation; the lack or modification of the information regarding the batch and the validity period related to the product;
• damage caused as a result of non-compliance with the instructions for use / storage / handling.

 

All other provisions contained in the legislation in force, regarding the coverage by www.cosmopharm.eu of the hidden defects of the products sold, are valid. Customers’ rights are those stipulated in the legislation in the field, not extending to any damages caused by the use of the product.

 

13. DELIVERY

For the products in stock, the delivery will be made by Courier.
Careful! Due to the very short processing time of Orders, it is impossible to make changes to already confirmed Orders.
If the products are unavailable (including if the price or some characteristics of the products have undergone changes after the confirmation of the Order), Cosmo Pharm will inform the Customer about the unavailability, and the amounts he paid online will be reimbursed within for 30 days. The customer can, at his free choice, confirm the changes made regarding the price or the characteristics of the products, thus modifying the initial Order, and Cosmo Pharm will deliver the products according to the Order thus modified.

13.1. TERMS OF DELIVERY

At the request of Cosmo Pharm or the Courier, the Customer will prove his identity, if necessary, through one or more documents issued by official authorities and communicate the Order number assigned by Cosmo Pharm.
If the Customer is unable to receive the Order in person, the Order will be left at the specified address only to a person over the age of 18 and only if the Order number is communicated to the Courier.
No order delivery request will be honored if the Customer does not meet the above conditions.
In case of delivery of the Order (including at the Customer’s place of work), and in the situation where the Courier cannot have access to the respective location, the Customer must ensure that he can receive this Order.
The delivery conditions are completed with the Terms and Conditions of the agreed courier company – Fan Courier, which are available on the website www.fancourier.ro
The delivery is considered to be fulfilled by Cosmo Pharm, at the time of handing over the Ordered products to the Customer.

13.2. RECEPTION OF PRODUCTS

The customer is obliged to sign the delivery note (AWB) presented by the Courier upon delivery of the ordered products. Also, the Customer will check if the products are damaged or if there are any shortages. By signing the delivery note, the Customer acknowledges receipt of the Ordered products in good condition and in full.

 

14. PROMOTIONAL CAMPAIGNS

 

14.1. PROMOTIONAL CODES / DISCOUNT COUPONS / VOUCHERS / LOYALTY POINTS

The promotional codes offered by www.cosmopharm.eu through any promotions are valid exclusively for the section mentioned in the code transmission e-mail, unless otherwise specified. Promotional codes are valid exclusively for online orders, regardless of the payment and delivery method chosen. Promotional codes can be used exclusively at the time of placing the Order, they cannot be used to reduce the value of the Order after it has been placed.
Only one promotional code can be used in an Order, the Order page does not allow the use of several codes for the same Order. For the eligibility of a promotion, the value of the transport is not taken into account, unless otherwise specified.
In the event that a promotional code was applied to an Order that could not be honored or was canceled for any reason, the Customer has the right to request the reactivation of the promotional code exclusively in writing, respectively through an e-mail sent to the address contact@cosmopharm.eu, which contains the Order number, its status, the Customer’s name and the promotional code. It is reactivated under the same conditions as those of the initial promotional code.
Careful! The promotions presented on www.cosmopharm.eu are not cumulative, the biggest discount applies. This is valid for any form of discount (loyalty cards, promotional codes, gift vouchers, percentage discounts on the website, etc.) as a rule, with the exception of situations where it is mentioned otherwise in the promotion regulations. Also, in the case of the existence of percentage vouchers, the holder of such a voucher cannot benefit from the cumulative discount conferred by the application of the percentage voucher to the already existing discount within a promotion.
Transport and handling fees apply to any product purchased, regardless of value if in promotions, regulations, etc. it is not stipulated otherwise. A promotional code cannot be used to pay shipping fees, unless the promotion regulations specify this.
Any order, regardless of the promotion, will have a minimum value. Cosmo Pharm cannot fulfill orders with zero value.
Cosmo Pharm unilaterally establishes the regulations of the promotions and contests it organizes on www.cosmopharm.eu, these being published exclusively on the site. Promotions are applied to Orders that fully comply with the rules displayed on the website, within the validity period clearly mentioned and within the limit of available stock. www.cosmopharm.eu does not guarantee the availability of products in stock for the entire promotion period and may withdraw the promotion without prior notice.
All the provisions related to fraud, mentioned on the website www.cosmopharm.eu are fully applicable in terms of fraud related to promotional codes and the attempted fraud will be brought to the attention of the competent bodies.

14.2.1 INTERRUPTION OF THE PROMOTIONAL CAMPAIGN

The organizer reserves the right to modify any of the conditions established in the respective campaign regulations, during the campaign, for valid reasons, but not before notifying the public about these changes.

14.2.2 APPLICATION CONDITIONS

Any promotion to which promotional codes are applied is limited to a single promotional code per natural person or legal entity (identified as client / user / user).
Each promotional code is limited to a single use and is valid for a limited period of time, as will be mentioned in the related terms and conditions, in the email offering the promotional code and in the user account or as mentioned in each promotion/ separate offer. Cosmo Pharm reserves the right to modify or cancel these promotional codes at any time, with prior notice to customers.
No promotional code can be applied to other promotions/offers except those strictly mentioned in the respective offer.
For full product returns, the promotional code cannot be applied. In the case of a partial return, the promotional code remains valid only if the products kept in the order are eligible according to the promotion regulations, having effects only as a discount applied to those products actually paid for.
The voucher applies only to the products/categories expressly mentioned as being eligible in the promotion. Promotional offers cannot be combined in the same order. Only one promotional discount code can be used per order.
Any promotional code will be valid starting from the date of its application as a discount on the order already made. A promotional code cannot be applied to an order placed in the past.

14.2.3 CANCELLATION, REFUSAL, RETURN OF ORDER

In the case of the return of purchased products to which a promotional code has also been applied, the discount granted may be deducted from the value of the return.
In the event that an order to which a discount has been applied through a promotional code is cancelled, rejected or returned in full, only the amount actually paid will be returned to the Customer.

14.3 GIFT PRODUCT CAMPAIGNS

If an order for which a gift product was offered is rejected or returned in full, the Customer is obliged to return the gift product in its original, undamaged and sealed condition. Full return conditions can be found in the Return Policy.

 

15. FIDELIO CUSTOMER LOYALTY PROGRAM

15.1 ONLINE LOYALTY PROGRAM

www.cosmopharm.eu customers benefit from free registration in the Cosmo Pharm loyalty program. The loyalty program offers the Customer the opportunity to benefit from loyalty points depending on the cumulative value of the purchases starting with the moment of his inclusion in the loyalty program. The Client’s inclusion in the loyalty program can be done when creating a user account on www.cosmopharm.eu or later through the menu associated with the client account. The benefits of registering in the loyalty program are valid from the inclusion of the Customer in the online loyalty program.

15.2 BENEFITS OF THE LOYALTY PROGRAM

The benefits of the FIDELIO loyalty program are available in the Cosmo Pharm Loyalty Program Regulations available on the website www.cosmopharm.eu.

15.3 LOYALTY POINTS

Loyalty points are offered as a bonus exclusively to www.cosmopharm.eu customers with each product purchased, as a way of rewarding their loyalty.
Each product benefits from a certain number of bonus points, which will be added to the customer’s account when the product is purchased. At any time, customers can view in their account the number of points available, as well as the number of points obtained for each order placed.
As soon as there are points in the account worth at least 1 RON (1 point), the customer can use them to benefit from price reductions when placing a new order on the site.
20 loyalty points are worth 1 RON (eg 20 points = 1 RON).
Points cannot be transferred from one customer account to another.
Points cannot be exchanged for money.

 

16. RETURN POLICY

GENERAL CONDITIONS

www.cosmopharm.eu offers the possibility of return for customers who notify their intention within a maximum of 14 calendar days from receiving the package or at any time, during the product’s validity period, if non-conformities of the product are found that make administration unsafe or impossible/ its use.
The costs of returning the product will be fully borne by the Customer, with the exception of returns caused by non-conformities/hidden defects of the product. Return in case of hidden defects.
The products can be returned through any courier company that ensures the delivery of the return package to the Cosmo Pharm warehouse. The address to which return parcels are sent is: Cosmo Pharm SRL, Soseaua de Beltura, no. 24-26, Com. Tunari, Jud. Ilfov.
In case of withdrawal from the contract, the Customer is obliged to return the purchased products within a maximum of 14 days from the date of withdrawal from the contract. In order to comply with the deadline for withdrawal, it is sufficient for the Customer to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period (14 days from the date of receipt of the Products).

16.1 METHODS AND TERMS OF RETURNING PRODUCTS

The customer undertakes to notify www.cosmopharm.eu of his intention to return the purchased products by e-mail to the address: comenzi@cosmopharm.eu or contact@cosmopharm.eu, respectively by fax to the number +40 21 323 00 46 or to carry out return without notification, within a maximum of 14 calendar days from receiving the products. Otherwise, Cosmo Pharm can refuse the package.
For the notification by e-mail or fax, the Customer will complete and send to Cosmo Pharm the “Product Return Form” or will make any other unequivocal statement in which he expresses his decision to withdraw from the contract.

To: Cosmo Pharm SRL, Bdul Corneliu Coposu no. 5, Sector 3, Bucharest, Tel: +40 21 320 44 33, Email: comenzi@cosmopharm.eu or contact@cosmopharm.eu
I hereby inform you about my withdrawal from the contract regarding the sale of the following products:
The products were ordered on:
Order number:
Name of buyer:
Buyer’s address: Consumer’s signature (only if this form is notified on paper):
Date:
Details of reason for return:

16.2 CONDITIONS FOR RETURNING PRODUCTS

In any situation of returning the products, they must be in the same condition in which they were received by the Customer, in the original packaging, with the labels intact and together with all the documents that accompanied it (invoice, tax receipt, etc.). The returned products must be in the same condition as when received: without defects (with the exception of hidden defects and with the exception of defects already reported by the Customer in correspondence with Cosmo Pharm).
After analyzing the returned Products, as well as complying with the return conditions, Cosmo Pharm can accept/reject the return. In case of refusal, Cosmo Pharm will communicate the reasons to the Customer. At the same time, the shipment to the Customer of the products not accepted as a return will be made exclusively at the expense and at the initiative of the Customer. If, within no more than 60 days from the date of communication of the refusal to accept the return, the Customer does not undertake any steps to pick up the Product, Cosmo Pharm will proceed to its destruction, being able to provide the Customer with supporting documents in this regard .
According to art. 16 lit. d) and e) from GEO no. 34/2014 Cosmo Pharm reserves the right not to accept the return of products that are likely to deteriorate or expire quickly or that cannot be returned for health protection or hygiene reasons and that have been unsealed by the consumer (Product it can be returned only if it is in perfect condition, including the packaging, i.e. it must not show any signs of wear or consumption, it must be unopened, respectively sealed).
If an order for which a gift product was offered is returned in full, the customer is obliged to return the gift product in its original condition, undamaged and sealed.
Products that constitute a set must be returned as a set.
Since the products sold by Cosmo Pharm are obtained from natural raw materials, returns will not be accepted on the grounds of differences/discrepancies in color/taste/smell/texture between the same type of product coming from different lots/similar lots, these not representing a shortage of compliance/hidden vice.

16.3 TERMS FOR THE RETURN OF AMOUNTS PAID

For full order returns, the Customer receives the money related to the returned products and the initially paid transport cost (if applicable) within 30 calendar days from the date Cosmo Pharm accepts the return.
For partial returns of orders, if the value of the products remaining in the order does not comply with the conditions of the offer/promotion regarding free shipping, more precisely their cumulative value no longer exceeds 200 lei, the Customer receives the money related to the returned products less the cost of a transportation related to the stored products (the products stored are treated as an order that does not qualify for free shipping).

 

17. METHODS OF ADDRESSING THE COMPLAINT

The complaint represents the possibility offered to the Client to, in accordance with the existing legal norms, submit a request to resolve some situations considered by him as deviations from the legal or contractual conditions for the provision of products and services, to which an answer or a resolution.

Customers who benefit from Cosmo Pharm services can address complaints in Romanian as follows:

• by post, to Cosmo Pharm SRL, Soseaua de Beltura, no. 24-26, Com. Tunari, Jud. Ilfov;
• by fax at 021 323 00 46;
• by e-mail at contact@cosmopharm.eu.

Complaints will be received and processed from Monday to Friday, between 08:00 and 16:30.

The complaint can be addressed exclusively in written form. In the case of sending by post, this will be done only with confirmation of receipt.

The notification must be addressed/submitted by the Customer within no more than 30 calendar days from the date of purchase of the complained/disputed product. It will be resolved in no more than 30 days from the date of receipt of the complaint. In the event that the complaint was not resolved within this term, Cosmo Pharm will send a written notification regarding the reasons why it was not resolved, within no more than 5 days from the expiry of the resolution term.

The notification will contain at least the following elements:

• full name of the person making the complaint (name, in the case of a legal entity)
• his quality (only if the person who signs the complaint is a representative of another person or a representative of a commercial company)
• identification data (domicile, CNP, identity card series and number, in the case of a natural person/registered office, Unique Registration Code, order number at the Trade Registry Office, in the case of a legal entity)
• full description of the defect/s complained of, as well as the invoice number and date of purchase of the products/services
• the correct and complete address to which the Cosmo Pharm answer will be sent
• date of filing the complaint
• signature of the person formulating the complaint (and stamp, in the case of legal entities).

Cosmo Pharm may be in a situation where it is impossible to resolve the complaint, if any of the above elements are missing.
Any complaint/report sent in time and which will include all the elements listed above will be resolved within 30 days from the date of its receipt. Cosmo Pharm cannot guarantee a favorable resolution of the complaint/complaint. In the event that the customer does not consider the solution offered by Cosmo Pharm to be appropriate, he may address the National Authority for Consumer Protection (link), and in the event that the measures thus ordered are not satisfactory, to the competent court.

 

18. FORCE MAJEURE

None of the contractual parties can be held responsible for non-execution (total/partial) or delayed execution of its obligations, if they were caused by force majeure. The parties will immediately notify each other of the case of force majeure and will take all necessary measures to limit the consequences of the event. If the force majeure event does not cease within 15 days, the parties have the right to unilaterally terminate the contract without being able to claim the payment of damages.
Force majeure will be proven according to the law.

 

19. RESOLUTION OF CONFLICTS. APPLICABLE LAW

The contract will be governed and interpreted in accordance with Romanian law. Any conflict arising between Cosmo Pharm and the Client will be resolved amicably. If this is not possible, the first solution is mediation, under the terms of the law, and if this fails, the competent courts will be appealed.

 

20. FRAUD

The creation of multiple accounts using automatically generated addresses that expire after a predefined period, in order to benefit from promotions or offers, or any type of behavior to affect the smooth running of promotions/offers/contests, are prohibited and will be considered as fraud attempts. The owner of the website www.cosmopharm.eu reserves the right to suspend the accounts thus created and to withdraw the benefits related to ongoing promotions/offers/competitions, to cancel the account without notice, notification, other formalities or compensation. Any attempted fraud or any fraud (such as but not limited to: accessing customer data www.cosmopharm.eu, altering the content of the site, trying to affect the performance of Cosmo Pharm servers, diverting the content of deliveries to third parties, etc. ) will be punished according to the criminal law.

 

21. FINAL PROVISIONS

If any of the above clauses becomes void or invalid, this fact will not affect the validity of all other clauses.

 

22. IDENTIFICATION DATA

Cosmo Pharm SRL company, registration number at the Trade Register J40/15215/1994
ID: RO 6085303