The website www.stargift.com is owned by STARGIFT SRL, a company incorporated under Romanian law, with its registered office at 6–12 Copilului Street, Sector 1, Bucharest, Section 1, ground floor, registered with the Bucharest Trade Register under no. J2018015652408 (formerly J40/15652/2018), CUI RO40077992, telephone: +40 31 080 0800, email address: [email protected], Bank Account: RO81INGB0000999908497526 held with ING Romania (hereinafter referred to as STARGIFT).

This document, together with the Privacy Policy and the Cookies Policy, sets out for third parties the terms and conditions governing the use of the website www.stargift.com. Use of the WEBSITE as defined below (including access, browsing, and the purchase of available products and services) constitutes an implicit agreement to comply with the terms and conditions set out in this document, as well as the policies and information displayed on the SITE, including any special terms and conditions, with all the effects and consequences arising therefrom.

The website www.stargift.com is an e-commerce site offering personalised and non-personalised gifts for sale via the Internet.

STARGIFT reserves the right to periodically update and amend these Terms and Conditions to reflect any changes to the way in which you may use the WEBSITE. In the event of any such changes, STARGIFT will display the amended version of the Terms and Conditions; we therefore ask you to check the contents of this document from time to time.

1. Definitions

SITE: The domain: www.stargift.com and its subdomains.

CONTENT is defined as follows:

• all information on the SITE that can be visited, viewed or otherwise accessed using digital equipment;
• the content of any email sent to its USERS, MEMBERS or CUSTOMERS by STARGIFT via electronic means and/or any other available means of communication;
• any information communicated by any means by a STARGIFT employee to the USER, MEMBERS or CUSTOMERS, in accordance with the contact details provided by the USER;
• information relating to the products, services and/or prices charged by STARGIFT during a specific period;
• information relating to the products, services and/or prices charged by a third party with whom STARGIFT has concluded partnership agreements, during a specific period and which appear on the WEBSITE;
• data relating to STARGIFT or other confidential information pertaining to it.

SERVICE – the e-commerce service operated exclusively on the publicly accessible sections of the WEBSITE, for the purpose of enabling the CUSTOMER to purchase products and/or services using exclusively electronic means, whilst also including other means of remote communication (e.g. by telephone).

USER – A natural or legal person (under public or private law) who has or gains access to the CONTENT as a visitor to the website in order to view it, by any means of communication (electronic, telephone, etc.) without this implying the existence of a written user agreement between STARGIFT and without necessarily requiring the creation and use of an ACCOUNT. By using the website www.stargift.com, the USER implicitly agrees to these “Terms and Conditions”. Otherwise, they have the right to cease using this SITE at any time.

MEMBER – A natural or legal person (under public or private law) who has or gains access to CONTENT, by any means of communication (electronic, telephone, etc.) or on the basis of a user agreement between STARGIFT and that person, and which requires the creation and use of an ACCOUNT.

CUSTOMER – A natural or legal person (under public or private law) who has or gains access to the CONTENT and the SERVICE, following the creation of a MEMBER ACCOUNT and the placing and receipt of an order.

ACCOUNT – the combination of an email address and a password that allows a single MEMBER access to restricted areas of the WEBSITE through which the SERVICE is accessed.

DOCUMENT – this “Terms and Conditions” document

ORDER – the expression of a wish to purchase one or more products and/or services via the website www.stargift.com, placed by a CUSTOMER who wishes for the relevant product(s) to be delivered to the address specified in the contact form.

SPECIAL ORDER – an ORDER for personalised or made-to-order products, in quantities or sizes differing from those in stock, which may be produced using design elements from the products displayed on the WEBSITE or which incorporate specific images sent by the CUSTOMER.

DISTANCE CONTRACT – as defined in Government Ordinance 34/2014, Article 2(7), a distance contract is concluded between a trader and a consumer within the framework of an organised system for the distance sale of goods or the provision of services, without the simultaneous physical presence of the trader and the consumer, using exclusively one or more means of distance communication up to and including the moment the contract is concluded; An ORDER is one placed on the website www.stargift.com and confirmed by STARGIFT SRL verbally (by telephone) or electronically (by email), without requiring an acknowledgement of receipt from the purchaser. An order not confirmed by STARGIFT SRL does not constitute a Contract.

NEWSLETTER / ALERT – a means of providing periodic, exclusively electronic information regarding the products, services and/or promotions organised by STARGIFT during a specific period, without any commitment on the part of STARGIFT regarding the information contained therein (maintenance of prices, promotions, stock clearance, etc.) should certain circumstances arise that necessitate unexpected changes.

TRANSACTION - the collection or refund of an amount resulting from the sale of a product or service by STARGIFT to the CUSTOMER, using the services of a card processor approved by STARGIFT or via the refund systems of courier companies, regardless of the delivery method.

Placing an order for any product and/or service on the WEBSITE implies acceptance of this DOCUMENT. Each CUSTOMER gives their consent by ticking the box ‘I agree to the Terms and Conditions’ before the order is effectively confirmed. Transactions comply with the conditions set out in Article 9 of the Electronic Commerce Act No. 365/2002. Confirmation of an order (by clicking the ‘Place order’ button), constitutes an electronic signature within the meaning of Article 4(3) of the Electronic Signature Act No. 455/2001, having the same legal validity as a handwritten signature.

This DOCUMENT serves as a contract between STARGIFT and the CUSTOMER and applies to all orders placed via the WEBSITE. The Customer undertakes to familiarise themselves with these “Terms and Conditions” before placing an ORDER.

2. General

2.1. This DOCUMENT sets out the terms and conditions of use of the WEBSITE/CONTENT/SERVICE by the USER, MEMBER or CUSTOMER, in the event that they do not have another valid user agreement in place between STARGIFT and themselves. These terms and conditions contain provisions that are binding on any USER, whether registered or unregistered, on the WEBSITE.

2.2. Accessing, visiting and viewing the CONTENT of this WEBSITE is permitted to all USERS; MEMBERSHIP of this website is optional. Use, including but not limited to accessing, visiting and viewing the content and the SERVICE, implies the MEMBER’s or CUSTOMER’s acceptance of these “TERMS AND CONDITIONS” unless the content in question is subject to other terms of use that are clearly and separately set out. The CUSTOMER undertakes to keep abreast of any updates and additions to the ‘TERMS AND CONDITIONS’ section. In the event of any dispute, the “TERMS AND CONDITIONS” section in force at the time the dispute arises between the parties and at the time of its notification in writing to STARGIFT, with acknowledgement of receipt, shall apply.

2.3. Access to the SERVICE is provided exclusively via the publicly available website www.stargift.com.

2.4. By using the WEBSITE/CONTENT or the SERVICE, the USER/MEMBER or CUSTOMER is solely responsible for all activities arising from such use. Furthermore, they are liable for any material, intellectual or electronic damage, or damage of any other nature, caused by them to the WEBSITE/ CONTENT/SERVICE, STARGIFT or any other third party with whom STARGIFT has concluded contracts, in accordance with the Romanian legislation in force.

2.5. Should the USER/MEMBER/CUSTOMER not agree and/or not accept and/or revoke their consent to this DOCUMENT, then:

2.5.1. They shall forfeit access to the SERVICE and to other services offered by STARGIFT via the website, as well as the receipt of newsletters/alerts and/or communications of any kind from STARGIFT (electronic, by telephone, etc.), without this implying any subsequent guarantee on the part of STARGIFT.

2.5.2. STARGIFT shall delete all data relating to the CUSTOMER/MEMBER from its database, without any further obligation on the part of either party towards the other, and without either party being entitled to claim damages from the other.

2.5.3. The CUSTOMER/MEMBER may at any time revoke their decision to agree to and/or accept the DOCUMENT, in the form in which it is available at that time.

2.6. To exercise the right set out in clause 2.5, the CUSTOMER may contact STARGIFT or use the links provided in the content received from STARGIFT for this purpose.

2.7. The CUSTOMER may not unilaterally revoke the consent given to the DOCUMENT whilst a CONTRACT is in force or until such time as they have paid the full amount due to STARGIFT for all outstanding CONTRACTS.

2.8. Should the CUSTOMER have paid the value of all outstanding CONTRACTS owed to STARGIFT and revoke their consent to the DOCUMENT whilst an ORDER is being processed, STARGIFT shall cancel the CLIENT’s ORDER without any further obligation on either party towards the other, and without either party being entitled to claim damages from the other.

2.9. MEMBER/CUSTOMER status is reserved solely for natural persons aged 18 or over who have registered correctly and who have not been suspended or removed by STARGIFT from the database, for whatever reason. The option to place orders online via this WEBSITE is available only to persons resident in Romania. By becoming a MEMBER, they confirm that they meet all the conditions set out, including those relating to delivery to any destination outside Romania for the international delivery option.

3. Content

3.1. All content, including but not limited to static/dynamic images, stylised images, logos, graphics, trade marks, text and/or multimedia content displayed on the SITE, is the intellectual property of STARGIFT or, where applicable and expressly stated, of third parties (in which case the content may be accompanied by the original ownership notice and/or any other note required by the rightful owner of that content, for which STARGIFT undertakes to hold a licence for use and/or publication).

THE CONTENT is protected under copyright and the laws governing intellectual and industrial property rights. The website design is the property of SC STARGIFT SRL, protected by copyright law and intellectual and industrial property law. The use of any of the aforementioned elements without the written consent of STARGIFT SRL is punishable under the laws in force. The software used on this website is the property of STARGIFT SRL (or its software suppliers) and is protected by copyright law.

3.2. THE USER, THE MEMBER or THE CUSTOMER is not permitted to copy, transfer, modify and/or otherwise alter, use, link to, display or include any content in any context other than that originally intended by STARGIFT, to include any content outside the, removing any marks indicating STARGIFT’s copyright over the content, or participating in the transfer, sale or distribution of materials produced by reproducing, modifying or displaying the content, except with STARGIFT’s express consent.

3.3. Any content to which the MEMBER or CUSTOMER has and/or gains access by any means is subject to this DOCUMENT, provided that the content is not accompanied by a specific and valid licence agreement concluded between STARGIFT and the relevant party, and without any warranty, whether implied or express, on the part of STARGIFT in relation to that content.

3.4. The USER/MEMBER/CUSTOMER may copy, transfer and/or use content solely for personal or non-commercial purposes, provided that such use does not conflict with the provisions of this DOCUMENT.

3.5. Where STARGIFT grants the MEMBER or CUSTOMER the right to use, in the manner described in a separate licence agreement, specific content to which the MEMBER has or gains access pursuant to that agreement, this right extends only to that content or those contents defined in the agreement, solely for the duration of the existence of such content on the website or for the period defined in the agreement, in accordance with the terms set out in the agreement, where such terms exist and do not constitute a contractual obligation on the part of STARGIFT towards the MEMBER in question, the CUSTOMER or any other third party who has or obtains access to this transferred content, by any means, and who may be or is prejudiced in any way as a result of this content, during or after the expiry of the user agreement.

3.6. No content transmitted to the USER, MEMBER or CUSTOMER by any means of communication (electronic, telephone, etc.) or acquired by them through accessing, visiting and/or viewing, shall not constitute a contractual obligation on the part of STARGIFT and/or the STARGIFT employee who facilitated the transfer of the content, where such an employee exists, in respect of that content.

3.7. Any use of the CONTENT for purposes other than those expressly permitted by the DOCUMENT or the accompanying licence agreement, where such an agreement exists, is prohibited.

3.8. In the case of a Special Order that uses images other than those found in the product designs on the WEBSITE, the CUSTOMER warrants that they are the owner of the images provided and the concept, that they are authorised to use them, and that they hold all the necessary copyright to place the order. The CUSTOMER warrants that the images comply with the law, do not infringe any intellectual property rights, do not contain unlawful content, and do not incite hatred, violence, etc.

3.9 The CUSTOMER is solely responsible for the files/images uploaded to the WEBSITE. In this regard, the CUSTOMER warrants that any file (images, text, etc.) uploaded to the WEBSITE is their property or that they are authorised to use it and hold all the necessary copyright to place the order, and has all the necessary permissions in accordance with legal requirements to distribute, transfer or store such files/images on the WEBSITE or to make them available in any way whilst using the WEBSITE or placing ORDERS. The CUSTOMER warrants that the images comply with the law, do not infringe any intellectual property rights and do not contain unlawful content, nor do they incite hatred, violence, etc.

4. Contact

4.1. STARGIFT publishes on the website its full and accurate identification and contact details for the CUSTOMER or MEMBER.

4.2. By using the contact form or the service details provided on the website, the MEMBER or CUSTOMER authorises STARGIFT to contact them by any available means, including electronic means.

4.3. Partial or full completion and submission of the contact form does not constitute any commitment whatsoever on the part of STARGIFT to contact the MEMBER or CLIENT.

4.4. Accessing the website, using the information provided on it, viewing its pages, or sending emails or notifications to STARGIFT is carried out electronically, by telephone, or by any other means of communication available to the MEMBER or CUSTOMER and STARGIFT; the MEMBER or CUSTOMER is thereby deemed to consent to receiving notifications from STARGIFT by electronic and/or telephone means, including communications by email or via notices on the website.

4.5. STARGIFT reserves the right not to respond to all enquiries of any kind received via any means of communication (electronic, telephone, etc.).

5. Newsletters and alerts

5.1. When the MEMBER or CUSTOMER creates an account on the website, by accepting the “TERMS AND CONDITIONS” document, they may also opt to receive NEWSLETTERS and/or ALERTS from STARGIFT, where available.

5.2. The data collected from the MEMBER for the purpose of sending newsletters and/or alerts may and will be used by STARGIFT within the limits of the “Privacy Policy”.

5.3. The MEMBER or CUSTOMER may opt out of receiving newsletters and/or alerts at any time as follows:

5.3.1. By using the dedicated link within any newsletters and/or alerts received.

5.3.2. By amending their consent to receive newsletters and/or alerts via the relevant pages in the restricted areas, using their ACCOUNT.

5.3.3. By contacting STARGIFT, in accordance with the contact details provided, and without any subsequent obligation of either party towards the other, nor shall either party be entitled to claim damages from the other.

5.4. Opting out of receiving newsletters and/or alerts does not constitute a withdrawal of the consent given to the DOCUMENT.

5.5. STARGIFT reserves the right to select the individuals to whom it will send newsletters and/or alerts, as well as the right to remove from its database any MEMBER or CUSTOMER who has previously given their consent to receive newsletters and/or alerts, without any further obligation on the part of STARGIFT, or any prior notification from it.

5.6. STARGIFT shall not include in the newsletters and/or alerts sent to the MEMBER or CUSTOMER any other form of advertising material in the form of content referring to any third party that is not a partner of STARGIFT at the time the newsletters and/or alerts are sent.

6. Privacy and Personal Data Security Policy

Please read the Privacy Policy regarding the processing of personal data, which forms part of this DOCUMENT.

See the Cookie Policy, which forms part of this DOCUMENT.

7. Online Sales Policy

7.1. Access to the Service

7.1.1. Access to the SERVICE is permitted to any USER or MEMBER who holds or creates an ACCOUNT.

7.1.2. In order to be granted access to the SERVICE, the MEMBER must accept the provisions of this DOCUMENT.

7.1.3. STARGIFT reserves the right to restrict the CUSTOMER’s access to the SERVICE and even to delete their ACCOUNT should it consider that, based on the CUSTOMER’s behaviour, their access to and the existence of their ACCOUNT could in any way prejudice STARGIFT. This right may be exercised at any time and no notice to the CUSTOMER is required.

7.1.4. Sharing an account amongst several CLIENTS/MEMBERS is prohibited. Each MEMBER/CLIENT may have only one ACCOUNT.

7.1.5. Should any such shared access be discovered, STARGIFT reserves the right to cancel or suspend the CUSTOMER’s access to the CONTENT or SERVICE.

7.2. Products and services

7.2.1. STARGIFT may publish on the website information about products, services and/or promotions offered by itself or by any other third party with whom STARGIFT has entered into partnership agreements, for a specific period of time and subject to availability.

7.2.2. The products and/or services purchased via the SERVICE are intended solely for the CUSTOMER’s personal use.

7.2.3. STARGIFT may limit the quantity of products or services available on the website at any given time that one or more CUSTOMERS may purchase.

7.2.4. All prices relating to the products or services displayed on the website are quoted in lei (RON) and represent the final retail prices to CUSTOMERS.

7.2.5. Discounts, reductions and promotions are not cumulative. The discount with the highest value, valid at the time the order is placed, shall always apply.

A product price displayed on the website with a line through it, followed by a lower price, indicates the original retail price and the discounted price as part of a promotion at a given time. These prices are for information purposes only and are subject to change at any time.

7.2.6. Invoicing for purchased products is carried out exclusively in RON using the information provided by the CUSTOMER in the form provided for this purpose. STARGIFT is not liable for the accuracy of the information provided by the CUSTOMER for the invoice. Where payment is made by bank card, the order will be confirmed once the invoice is issued to the CUSTOMER. Until that time, the value of the order will be blocked in the CUSTOMER’s account and will not be transferred to STARGIFT’s accounts.

7.2.7. Payment by bank transfer (payment order) is made only upon the issue of a pro forma invoice, which will be sent by email. In this case, the products will be reserved in stock for three working days until payment is confirmed by the bank. If payment is not confirmed, the order reservation will be removed from the system.

7.2.8. Online card payments are processed via authorised payment processors, depending on the website: on www.stargift.com via Banca Transilvania S.A. (BT iPay) and Stripe; on www.stargift.hu via Barion Payment Zrt. (Barion Smart Gateway – bank card, Apple Pay, Google Pay, Barion balance), an institution supervised by the National Bank of Hungary, licence no. H-EN-I-1064/2013; on www.stargift.bg and www.stargift.com via myPOS Ltd. and Stripe. Card details are entered exclusively on the payment processor’s secure page; STARGIFT does not receive or store bank card details. The tax invoice is issued following confirmation of payment, upon completion of the order (no later than the date of dispatch), and is sent to the CUSTOMER by email. The average time taken to fulfil an order (production and handover to the courier) is 1–5 working days, in accordance with the delivery timeframe displayed on each product page and at the time the order is placed; courier delivery takes on average 1–3 working days in Romania and 2–5 working days in other countries.

In the case of online or bank transfer payments, STARGIFT is not and cannot be held liable for any additional costs incurred by the CUSTOMER, including, but not limited to, currency conversion fees charged by the bank that issued the CUSTOMER’s card, should the card’s issue currency differ from RON. Responsibility for this lies solely with the CUSTOMER.

7.2.8. All information used to describe the products and/or services available on the website and their sale (text, static and dynamic images, product weights, specifications, stock levels, multimedia presentations, links to other partner websites, etc.) does not constitute a contractual obligation on the part of STARGIFT; such information is provided for illustrative purposes only. STARGIFT may withdraw or amend a product offer at any time, may discontinue the sale of certain products, or may expand or restrict their number (limited editions), without being liable for damages or other penalties to any current or potential CUSTOMER.

7.2.9. In the description and presentation of product or service images, STARGIFT reserves the right to use other products (accessories, etc.) which are not included in the cost of the products in question and which will not be supplied when purchasing products from the WEBSITE. Photographs of products displayed on the WEBSITE may differ slightly from the actual products (colour, shades, etc.) due to lighting conditions at the time of photography and the electronic display interface; however, STARGIFT makes every effort to ensure that the photographs reflect the ordered products as accurately as possible. Any differences that may arise also depend on the technical specifications and settings of the monitor used. Furthermore, there may be differences between the product shown in the preview window or on the product page and the final version of personalised products; these differences are primarily (but not exclusively) attributable to the following situations: (i) the type of product (for example, products made of wood or natural leather may have minor manufacturing imperfections which are not considered to be product defects); (ii) the technical specifications of the equipment used in the personalisation process (e.g. the intensity of the engraving may vary); (iii) the brightness of the images transferred onto various surfaces (depending on the personalisation technique, the material used and the quality of the photographs, differences in shade, intensity or brightness may occur), (iv) other factors inherent in the personalisation process (as personalised products are made by hand). Cases involving complaints regarding the matters set out in this clause will be assessed on a case-by-case basis, and StarGift reserves the right not to consider them as product defects; consequently, returns or refunds of their value may not be accepted.

7.3. Validity and Availability of Products and Services

7.3.1. STARGIFT reserves the right to amend the prices charged for the products and/or services available on the website without prior notice to the MEMBER or CUSTOMER.

7.3.2. The purchase price of products and services is that applicable at the time the ORDER is placed, subject to availability.

Products may appear on the WEBSITE with the following specifications:

• In stock – the product is in stock and can be delivered following the submission of the ORDER and confirmation by STARGIFT in accordance with the terms specified at the time the order is placed or subsequently communicated by STARGIFT, and subject to the physical stock available. Stock levels are updated at least once a week. If, due to an error, one of the products ordered can no longer be delivered (stock error, human error, etc.) and payment has been made, STARGIFT will refund the CUSTOMER.
• Out of stock – the product is unavailable and there is no precise information regarding when it will be back in stock
• Available / Delivery in 1–2 weeks / Available to Order for Special Orders – the product can be delivered upon receipt of a firm order, within the timeframe and under the conditions agreed at the time of order confirmation. For the purchase of products on a made-to-order basis, depending on the order value, an advance payment of at least 50 per cent of the product value may be required. If, due to an error, one of the ordered products can no longer be delivered (stock error, technical error, human error, etc.) and payment has been made online or into a bank account, STARGIFT will refund the CUSTOMER for the product in question.

In the case of personalised products, returns are not possible due to their unique nature, which makes it impossible to resell them to other customers. In this case, a return may only be made following the discovery of manufacturing defects, in accordance with Article 7.9.1.

STARGIFT is not liable for fluctuations in suppliers’ stock levels and cannot be held responsible should a product or its components cease to be available from its suppliers or sub-suppliers.

7.3.3. The purchase price of promotional products and services is that applicable at the time the ORDER is placed, subject to available stock and/or the promotional period, where such a period is specified.

7.3.4. The purchase price of the products or services in an ORDER that has been placed and confirmed may not be altered at any time after it has been placed, except with the agreement of the parties.

7.3.5. The purchase price of the products and/or services under a fulfilled contract cannot be altered.

7.3.6. The CUSTOMER may cancel the products and services purchased via the order only during the period between placing the order and its conversion into a contract in accordance with Article 7.4.9, when contacted by, or when the CUSTOMER contacts, STARGIFT to cancel the order, provided that the products have not been personalised or finalised by the time the cancellation or amendment is notified. Where payment has been made by card, the provisions of clause 7.4.6 shall apply.

7.4. Online orders

7.4.1. The CUSTOMER may place orders for products currently on sale exclusively via the WEBSITE.

7.4.2. By completing the order, the CUSTOMER confirms that all data provided by them, necessary for the purchase process, is correct, complete and true at the time the order is placed, referred to in this DOCUMENT as the ORDER SUBMITTED/ISSUED/PLACED.

7.4.3. By placing the order, the CUSTOMER agrees that STARGIFT may contact them by any means available to or agreed by STARGIFT (by telephone or email) to personally confirm the order for the following purposes:

• 7.4.3.1. To verify the availability of the products and the quantities purchased by the CUSTOMER.
• 7.4.3.2. To obtain the CUSTOMER’s confirmation of the total value of the order placed, including, where applicable, other value-added services (e.g. delivery, etc.)
• 7.4.3.3. To agree on the delivery details for the products.

Should the ORDER not be confirmed within a maximum of 3 (three) working days for various reasons (technical, human error, force majeure, etc.), it will be automatically cancelled by the system. Customers accept that STARGIFT cannot be compelled to deliver an order that has not been confirmed in accordance with the above conditions.

7.4.4. STARGIFT shall unilaterally terminate and automatically cancel an order placed by the CUSTOMER, even without prior notice to the CUSTOMER, without any subsequent obligation of either party towards the other, and without either party being entitled to claim damages from the other, in the following situations:

• 7.4.4.1. Non-acceptance of the transaction by the bank issuing the CLIENT’s card, in the case of online payment;
• 7.4.4.2. The transaction is invalidated by the card processor approved by STARGIFT, in the case of online payment;
• 7.4.4.3. The data provided by the CUSTOMER on the website is incomplete or incorrect;
• 7.4.4.4. The CUSTOMER’s activity on the website may cause and/or result in damage of any kind to STARGIFT and/or its partners;
• 7.4.4.5. A failed delivery to the same customer due to refusal to pay for the order, the recipient not being found at the address, the recipient not answering the telephone, or if the customer is on the list of defaulters (the customer is automatically added to this list for objective reasons: refusal to accept the parcel, cancellation of the order after it has been finalised for unjustified reasons, etc.);
• 7.4.4.6. For other objective reasons.

7.4.5. The CUSTOMER may cancel a placed order when contacted in accordance with 7.4.3., provided that the products in the order have not yet been finalised or are still in production.

7.4.6. Should the CUSTOMER cancel an order paid for by bank card, and where the bank that issued the CUSTOMER’s card has authorised the transaction, for the purpose of blocking the value of the products and services purchased by the CUSTOMER in their account, this amount shall be unblocked by STARGIFT within a maximum of 10 days from the date on which STARGIFT became aware of this fact.

7.4.7. Should any products ordered by the CUSTOMER via an order paid for by bank card be out of stock, STARGIFT shall inform the CUSTOMER of this fact and shall arrange for the value of these products to be released from the CUSTOMER’s account, if this amount has been blocked on the CUSTOMER’s card, within a maximum of 10 days from the date on which STARGIFT became aware of this fact OR replace the products with other products in stock.

7.4.8. Once placed, an order cannot be amended. If the customer wishes to make a change (adding or removing products), they must cancel the order that does not meet their requirements and place a new order via the system, provided that the products in the original order have not already been processed or finalised.

7.4.9. From the moment the CUSTOMER confirms payment for the order placed or when STARGIFT informs the CUSTOMER regarding their order (by telephone or via the order confirmation email), their order becomes a Distance Contract, in accordance with Government Ordinance 34/2014, Article 2(7).

7.4.10. Details regarding the delivery of products, including but not limited to the time required for delivery, do not constitute a contractual obligation on the part of STARGIFT; the delivery time displayed on the product page or on the StarGift website is an estimated delivery time, and any delay shall not constitute grounds for either party to claim damages from the other, should either party suffer any loss or damage whatsoever as a result of a breach of the obligations relating to the delivery of the products.

7.4.11. Should a CUSTOMER amend their personal details using the forms available on the website, all existing contracts in force at that time shall retain the details defined/accepted by the CUSTOMER prior to the amendment. The new, updated details will be taken into account for future contracts and, as far as possible, for delivery and contact purposes in respect of ongoing contracts.

7.4.12. Should the CUSTOMER place an order with the option to collect and pay at the premises, the order will be processed and finalised once the CUSTOMER arrives at the premises to confirm the order. In this case, the estimated time for processing and finalising the order is approximately 30 minutes, unless otherwise communicated by StarGift representatives. If the order is placed with the ‘collect in-store’ option and payment is made by card online, the order will be processed without the CUSTOMER needing to be present at the premises, and the CUSTOMER will be automatically notified as soon as the order has been finalised so that it can be collected from the premises.

7.5. Telephone orders

7.5.1. The CUSTOMER/MEMBER cannot place orders by telephone, but may only be assisted in creating an account on the WEBSITE and placing an order online.

7.6. Contract and completion

7.6.1. STARGIFT shall include in the parcel sent to the CUSTOMER and/or in electronic format all necessary documents certifying the CUSTOMER’s purchase of the products/services.

7.6.2. STARGIFT shall keep the CUSTOMER informed of the status of the order or the distance contract.

7.6.3. The distance contract, together with the documents certifying delivery by STARGIFT to the CUSTOMER of the products contracted for by the CUSTOMER, shall be deemed to have been fulfilled.

7.7. Transport/Delivery

7.7.1. The CUSTOMER may choose delivery via an express courier service as the method of transport for the products/services purchased.

The delivery cost depends on the weight and value of the order and is specified at the time the ORDER is placed.

Orders with a total value of products ordered exceeding 190 lei (maximum 3 kg by weight or volume, per destination), qualify for free delivery via the express courier service to the main towns listed in the courier’s location list or in accordance with the courier company’s specifications at the relevant time.

Orders received from Friday after 2.00 pm until Monday morning at 10.00 am will be processed on Monday, in the order in which they were received. Should the volume of orders exceed our processing capacity, they will be processed the following day. Special orders will be subject to separately agreed terms for payment and delivery, depending on their specific nature.

The total cost of transport and delivery services is calculated at the time the order is placed, based on the total weight of the order or, where applicable, its total price.

STARGIFT estimates the cost of transport and delivery based on indicators agreed with the courier company. By placing an order, the Customer accepts these estimates, regardless of the data used to determine this cost. Consequently, the Customer may not request a lower shipping cost based on their own weighings or measurements of the parcel.

7.7.2. Delivery will be made via an express courier service, and the order will reach the CUSTOMER within the estimated delivery time indicated on the product page at the time the order is placed; this time is calculated from the moment the order confirmation email is received for products in stock. This timeframe is an estimate and is subject to change, including depending on the workload on the destination routes and the courier company’s delivery volume, in which case, for products that are no longer in stock or for special orders, a different delivery timeframe will be agreed with the CUSTOMER, subject to prior agreement with STARGIFT at the time the ORDER is placed. Once the order has been collected by the courier, STARGIFT has no obligation to track the order or contact the courier to clarify any details regarding the delivery status of the order; however, STARGIFT will provide the CUSTOMER with the necessary and reasonable support to clarify the order’s status with the courier.

7.7.3. Should the product be delivered after the deadline expressly agreed in writing between the Customer and StarGift, STARGIFT shall inform the Customer by email, subject to the provisions of Article 7.8.3, in which case the Customer may cancel the order in writing, and in the event that payment was made prior to delivery, the amounts paid shall be refunded in full in accordance with the law, within 10 days of the date of cancellation.

STARGIFT will make every effort to meet the estimated delivery times stated on the website. However, STARGIFT cannot be held liable for any delivery delays or loss of parcels caused by a third party, by the consumer, or by a cause beyond STARGIFT’s direct control, including unforeseeable causes, insurmountable circumstances such as unforeseeable events or force majeure.

In the event that the parcel is not received within the specified timeframes, we will investigate the reasons for this together with the courier company. During this period, no refund will be issued.

7.8.3. In the event that the estimated delivery time for in-stock products, as specified in Article 7.7.2, STARGIFT reserves the right to deliver the order even after the estimated delivery time has elapsed, provided that StarGift has not been contacted in writing by the CUSTOMER regarding the cancellation of the order due to the delivery time being exceeded. In specific circumstances, StarGift may inform the CUSTOMER in advance of a delay in the delivery of the order if the order has not yet been processed, with a view to mutually agreeing on a new delivery date or cancelling the order / refunding the purchase price should it have been paid. Failure by the CUSTOMER to reply to STARGIFT regarding the delivery delay, or the inability to contact the CUSTOMER via the contact details provided, or failure to respond to a telephone call, shall be deemed to constitute the CUSTOMER’s tacit acceptance of the extension to the delivery period. In all cases where the Customer expresses their wish in writing to terminate the contract and cancel the order, if the product has already been paid for by the Customer and the estimated delivery period has been exceeded by at least 3 (three(working days), STARGIFT shall refund the amounts paid in accordance with clause 7.7.3. In any situation where the estimated delivery time has been exceeded, StarGift may (at its sole discretion and without assuming any obligation in this regard) propose compensation solutions should the CUSTOMER agree to accept the order despite the estimated delivery time having been exceeded (for example, gift vouchers or a discount on subsequent orders placed on the website).

7.8. Quality and warranties

7.8.1. Every product sold is covered by a warranty period in accordance with the Romanian legislation in force and under the conditions set out therein, and a guarantee of conformity in accordance with the provisions of Law 449/2003. In accordance with Article 11 of Law 449/2003, any MEMBER or CUSTOMER may, in the event of non-conformity, request the repair, replacement or refund of the product’s value in accordance with the provisions of this DOCUMENT.

Given the nature of personalised gift products, STARGIFT cannot provide a guarantee for their use by customers beyond that stipulated by law.

Certain products may be covered by a contractual warranty, and this will be stated, where applicable, in the product details section at the time of their exclusive sale on the WEBSITE. Clear details regarding these warranties are provided in the product and component data sheets supplied by the manufacturers and suppliers, and no CUSTOMER may request an extended warranty beyond that which is already in place. This means that the product warranty offered by STARGIFT is that provided by STARGIFT’s suppliers, which is 30 days from the date of delivery, unless a different warranty period is specified on the product description page.

When making a warranty claim, the CUSTOMER must return the faulty products together with the relevant accessories and accompanying documentation. If the products are returned without these items, they may be returned to the sender without the warranty claim being processed. Products with physical defects such as: knocks, cracks, chips, cuts, or products used in unsuitable conditions (exposure to perfumed environments or other unsuitable conditions, exposure to significant variations in temperature and pressure, mechanical shocks, incorrect handling), exposure to liquids or other substances, or contact with chemicals.

The warranty shall be void in the following situations:

• the products are damaged due to improper or abusive use, or inadequate maintenance.
• if a product is used for purposes other than those for which it was designed and is brought in for repair under warranty, its condition will be examined and the cause of the fault identified.
• If work has been carried out on the product by an unauthorised person.
• The product shows damage caused by adverse weather conditions, fire or accidental electrical surges.
• The warranty does not cover products damaged as a result of impact. If it is established that the problem is not due to manufacturing or material defects, we will inform you of the repair costs.
• The customer shall bear the costs of any unfounded claims.

7.8.2. STARGIFT does not guarantee the availability in stock of any product or service available for purchase on the WEBSITE. Should STARGIFT be unable to fulfil the contract because the product is unavailable, it will inform the CUSTOMER of this as soon as STARGIFT becomes aware of the situation. In the event that the product has already been paid for by the Customer, the amounts paid will be refunded by STARGIFT within a maximum of 30 days from the date the order was placed, unless the parties agree otherwise.

7.9. Returning products

RETURNS OF PERSONALISED PRODUCTS

In accordance with the relevant legislation (Government Emergency Ordinance 130/2000) and the TERMS AND CONDITIONS, personalised products cannot be returned (in the event of a return, they are destroyed or disposed of, as they are made to the customer’s specifications).

7.9.1 In exceptional circumstances, a STARGIFT CUSTOMER may return personalised products purchased under a distance contract in the following situations:

7.9.1.1 The parcels show severe damage or the products have manufacturing defects;

If the parcel delivered by the courier shows clear signs of severe damage to the integrity of the packaging and its contents (the parcel is open, torn, punctured, the contents are destroyed, etc.), any issues may be noted at the time of delivery on the courier’s delivery document (known as the AWB), or a report of findings may be drawn up, photographs taken, and the parcel refused and payment declined.

However, minor, normal damage resulting from the handling of parcels and which does not affect their contents (for example: dust or dirt on the outside of the parcels, slight creasing of the corners, etc.) is not considered a problem.

Any complaint made after delivery by the courier regarding these matters shall be deemed invalid.

7.9.1.2 The products delivered do not correspond to those in the confirmed order (they are incorrectly personalised or mixed up);

In the event that the products are delivered incorrectly (the products are personalised with third-party details), the CUSTOMER shall promptly notify STARGIFT so that the situation can be rectified and shall strictly follow the instructions provided by STARGIFT (return/destruction of information relating to the third parties in question), having no rights whatsoever over the data/products in question which do not belong to them. In this case, StarGift will replace the products free of charge and reserves the right to request the return of the parcel containing the incorrect products.

7.9.1.3 The product specifications on the website differ from the actual product.

Minor differences in size or colour which do not visibly affect the final product and which may arise from causes beyond StarGift’s control (e.g. a different production batch) shall not be considered incorrect specifications.

Any occurrence of the situations described in clause 7.9.1 above, which may be considered valid grounds for the return or replacement of the product and/or a refund of the value of the products in question, must be reported immediately upon receipt of the parcel by the Customer, by any means (by telephone, email or messenger) and all necessary information (including photographs) regarding the products in question must be provided so that the situation can be assessed. StarGift reserves the right to refuse to resolve the issue or accept the return of products if the circumstances described in Article 7.9.1 have been reported by the Customer after the expiry of a 10-day period from the date of receipt of the parcel and/or in the event of a refusal to provide the necessary information requested by the Seller in order to assess the situation.

GENERAL RETURN RULES

7.9.1.4. The consumer has the right to unilaterally terminate the distance contract, without penalty and without giving any reason, within 14 working days of receiving the product or, in the case of the provision of services, from the conclusion of the contract, with the exception of personalised products which cannot be returned in accordance with the legal provisions and the TERMS AND CONDITIONS. The only costs that may be borne by the consumer are the direct costs of returning the products in accordance with Government Ordinance 130/2000 and the amendments set out in Government Emergency Ordinance 34/2014, for individuals purchasing products from websites using means of distance communication, in accordance with the definitions set out in Government Ordinance 34/2014, Article 16. Products must be returned, as far as possible, in their original packaging, complete with all accessories and documents, including the returns form, and must not show any signs of damage or wear and tear; they must be new, without having been worn or used in any way (washed, impregnated with perfume or room fresheners, etc.), and must be complete (together with all their accessories and labels). Damage to the products or rendering them unsaleable will result in the return being refused.

7.9.2. The CUSTOMER is obliged to notify STARGIFT of their intention to return the purchased products, by any means of written communication (email/fax/etc.) within a maximum of 14 working days of receiving the products and/or services and notifying STARGIFT of this.

In the event that the purchased product has manufacturing defects, it will be replaced with a new product, provided that STARGIFT is notified in writing within 14 days of receipt of the product. If a replacement is not possible, the purchase price will be refunded or the customer may choose to purchase another product.

7.9.3. The CUSTOMER who has notified STARGIFT in accordance with clause 7.9.2 is responsible for ensuring that the products in question are returned to STARGIFT within a maximum of 14 working days from the date of receipt of the products, provided, of course, that the notification has been sent (with confirmation of receipt from STARGIFT and dispatched by courier); otherwise, STARGIFT shall consider the request unfounded or invalid and may refuse the return.

The products must be sent back with all the accompanying documents received and the returns form available on the StarGift platform. The use of courier services allows the parcel to be tracked, but STARGIFT is not liable for parcels lost whilst the products are being returned.

7.9.4. The STARGIFT CUSTOMER may not return products purchased under a CONTRACT and/or claim any other damages or compensation in the following situations:

• 7.9.4.1. The replacement of the purchased product with another product with different specifications or of a different type, except as provided for in clause 7.9.1.3.
• 7.9.4.2. A return request arising from any situation set out in 7.9.1 where the date of dispatch of the notification of the intention to return exceeds the 14-working-day period specified in Article 7.9.2, counting from the working day following the date on which the contract was fulfilled.
• 7.9.4.3. In the event of a product being returned for one of the reasons set out in Article 7.9.1, the returned product is not in the same condition as when it was delivered (in its original packaging, with all labels intact and accompanied by the original documentation).
• 7.9.4.4. In accordance with Government Ordinance 34/2014, Article 16, STARGIFT reserves the right not to accept the return of products which:

- by their very nature, cannot be returned or are liable to deteriorate or expire rapidly, such as extremely fragile or perishable products (where applicable);

- products made to the consumer’s specifications or clearly personalised;

• perishable products
• unsealed products of a hygienic or personal nature
• unsealed consumables
• books, albums, magazines
• DIY products
• gift wrapping
• the product no longer has the complete original packaging in which it was delivered (the product box)
• printers or multifunction devices whose consumables have been unsealed
• products that have been assembled
• kitchenware that has been used
• products showing signs of use
• if several products of the same type have been purchased, only one unsealed product may be returned; the remainder of the order will only be accepted if the products are sealed

7.9.5. In the event of a refund for the product, this will be processed within a maximum of 14 days from confirmation of the return by STARGIFT. Refunds will only be made to the bank accounts specified by the Customer. No cash refunds or cash-on-delivery refunds will be issued.

7.9.6. Where a product is replaced with an identical one, in accordance with 7.9.1.1, the replacement shall be made subject to the terms and conditions of a standard order.

7.9.7. Where the CUSTOMER has returned a product in accordance with the provisions of clause 7.9.1.1, and STARGIFT does not have an identical product available for replacement, it shall offer the CUSTOMER the value of the product in accordance with clause 7.9.5.

7.9.8. The cost of any additional services, including but not limited to the delivery of products, paid by the CUSTOMER, is non-refundable.

7.9.9. In all cases, the costs of return/reshipment shall be borne by the CUSTOMER, at the rates charged by the courier for standard deliveries, with the exception of the situations set out in clauses 7.9.1.1 and 7.9.1.2, as well as in the event of non-conformity as per 7.9.1.3, in which case STARGIFT shall bear the cost of transport. Furthermore, in the event of the delivery of incorrect products, as per section 7.4, the return costs shall be borne by STARGIFT.

7.9.10 Payment methods accepted by STARGIFT:

- Payment by bank transfer: The CUSTOMER shall pay the cost of the products ordered into the bank account specified on the ORDER form.

- Cash on delivery: The CUSTOMER shall pay the courier agent the value of the order upon receipt of the parcel.

- Online card payment: The CUSTOMER shall pay online using a bank card.

- Payment via PayPal: The CUSTOMER shall pay using their PayPal account.

In certain situations relating to internal marketing policy, payment security and delivery, STARGIFT may inform the customer that certain orders can only be fulfilled if a specific payment method is used. Should the customer refuse the proposed payment method, the order will be cancelled without any obligation on either party.

‘Special Orders’ (personalised or made-to-order products) cannot be returned. If the returned product forms part of a promotion, discount or promotional package and, following the return, the original conditions of the promotion are no longer met, the relevant amount will be deducted from the value of the returned products to be refunded to the customer.

The provisions of the laws governing online purchases no longer apply if the customer visits the company’s premises to collect the order in person, even if it was purchased from the online shop’s website, as it is deemed that the product was inspected at the time of collection and that it meets the customer’s requirements.

8. Fraud

8.1. STARGIFT does not request from its CUSTOMERS or USERS, by any means of communication (email/telephone/SMS/etc.), information relating to confidential data, bank accounts/cards or personal passwords. The only exception to this is for CUSTOMERS who are legal entities, in order for STARGIFT to obtain the account number and the name of the CUSTOMER’s bank, in whose name an order will be invoiced, should there be any ambiguities or for the purpose of confirming the order.

8.2. The CUSTOMER / MEMBER assumes full responsibility for the disclosure of their confidential data to a third party.

8.3. STARGIFT accepts no liability should a MEMBER / CUSTOMER suffer any form of loss or damage caused by a third party claiming to be or represent the interests of STARGIFT.

8.4. The CUSTOMER or MEMBER shall inform STARGIFT of any such attempts, using the contact details provided.

8.5. STARGIFT does not promote SPAM. Any MEMBER or CUSTOMER who has explicitly provided their email address on the SITE may choose to have it deleted, which entails the deactivation of the customer account associated with that email address. Furthermore, it is prohibited to send messages to STARGIFT or the WEBSITE that contain viruses, promote political or advertising campaigns, chain letters or any form of spam.

8.6. Communications sent by STARGIFT via electronic means of remote communication (i.e. email) shall contain the sender’s full and accurate identification details or a link to them, as at the date the content was sent.

8.7. The following aims, whether achieved or not, shall be deemed an attempt to defraud the website/content and/or STARGIFT, and a criminal investigation shall be initiated against those who have attempted to, or have achieved, these aims:

• 8.7.1. to access data of any kind belonging to another MEMBER/CUSTOMER by using an account or by any other method.
• 8.7.2. to alter or otherwise modify the content of the WEBSITE or the Content sent by any means by STARGIFT to the MEMBER/CUSTOMER
• 8.7.3. to impair the performance of the server(s) on which the SITE operates
• 8.7.4. to access or disclose to any third party who does not have the necessary legal authority the content sent by any means by STARGIFT to a MEMBER/CLIENT when that person is not the legitimate recipient of the content.

8.8. Attempting to gain an advantage by using fake accounts (names that are not real or the use of one person’s identity by another) is considered an attempt at fraud and will result in the cancellation of any advantages gained, the blocking of access to the STARGIFT SITEand reporting to the authorities.

9. SPECIFIC WARRANTIES

9.1 This clause applies exclusively to jewellery sold on the SITE. STARGIFT confirms the authenticity of the jewellery sold, being authorised by the ANPC in accordance with Government Ordinance 190/2000 to carry out operations involving precious metals, holding Authorisation No. 011157/16 June 2020. The CUSTOMER is entitled to a guarantee in accordance with the Guarantee Certificate accompanying each product, which certifies that the jewellery sold is made of 925 silver, rhodium-plated 925 silver, 925 silver plated with 24K yellow gold or 18K rose gold, 14K yellow gold or 14K white gold (rhodium-plated), and are covered by a 12-month warranty. Any repairs to products within the warranty period will be carried out free of charge or the product will be replaced, in accordance with Government Ordinance 21/1992 (as amended), provided it is confirmed that the damage was caused by a defect in materials or workmanship and not by the Customer’s improper use of the product.

9.2 To be eligible for the warranty, the Customer must fulfil the following obligations:

9.2.1 to have purchased the product from the stargift.ro website, holding the relevant invoice and warranty certificate, and to have used the product solely for the purpose for which it was designed;

9.2.2 to follow the instructions for use and to use the product correctly;

9.2.3 to return the product in its original packaging together with all accessories;

9.3 In accordance with Government Ordinance 34/2014, products without engraving may be returned in their original packaging and in the same condition as when received, within 14 calendar days of receipt, without penalty and without giving any reason. Postage costs shall be borne by the customer, via express courier. Engraved products may not be returned, except in the event of a defect in materials or workmanship. If the product cannot be replaced with a compliant one, the purchase price will be refunded within a maximum of 30 calendar days from the date of return.

9.4 For every product purchased from the WEBSITE, the Customer is entitled to a warranty in accordance with the Warranty Certificate for each product, which is provided to the Customer upon delivery of the product.

9.5 The warranty shall not apply if the product is damaged or non-compliant due to external factors and/or the Customer’s failure to follow the instructions for use, including in situations such as exposure to sunlight, mechanical impact, improper storage, modification of the product, etc.

9.6 For the avoidance of doubt, STARGIFT does not offer guarantees to Customers:

9.6.1 where the colour of the product differs from that shown on the WEBSITE or the product purchased does not meet the Customer’s expectations;

9.6.2 where it is impossible to replace non-compliant products or components, including where the product is out of stock;

9.7 The Customer must observe the following instructions when wearing the jewellery:

9.7.1 Jewellery must not be worn when there is a risk of it coming into contact with body lotion, deodorant or perfume, or during cosmetic treatments.
9.7.2 Avoid exposing jewellery to household chemicals, as the chemical compounds in cleaning and washing products may damage it.

9.7.3 Avoid wearing jewellery in the shower or whilst washing your hands, as the metal may become dull over time.

9.7.4 Silver must be kept dry. Cosmetics can cause it to lose its lustre. Silver jewellery or objects should be cleaned with a soft cloth.

9.7.5 Silver jewellery should be stored in compartments or boxes to separate items according to the materials from which they are made, or in pouches made of very fine, smooth fabric that does not shed fibres.

9.7.6 Silver jewellery must not be stored together with jewellery and/or items made of steel, bronze, brass, base metal alloys or plated items.

9.8 The Seller accepts no liability for silver or gold-plated silver products purchased from the WEBSITE that turn black. All 925 silver products are of premium quality and each item has been certified by the ANPC. However, when in contact with the skin, silver may tarnish on some people. This is a chemical reaction that has nothing to do with the properties or quality of the silver and is not considered a fault. You can prevent this by purchasing a special silver-cleaning cloth and using it to clean the item daily. Furthermore, silver jewellery that is stored away without being worn will also tarnish. Please note that 18K or 24K gold plating will wear off over time, but the engraving will remain unaffected. The jewellery remains made of 925 silver. Silver is a metal that oxidises, a process accelerated by contact with moisture. The oxidation of silver is a natural process; it is not a defect and can be caused by an excessively damp environment and the use of acidic chemicals.

9.9 STARGIFT accepts no liability for any accidents that may occur whilst children are wearing the jewellery; we therefore recommend that children wear the jewellery strictly under adult supervision.

9.10 All other provisions contained in the legislation in force, relating to the warranty of products sold, remain valid. The warranty does not cover any damage caused by the use of the product.

10. Limitation of Liability

10.1. STARGIFT shall not be held liable to any natural or legal person using the WEBSITE or its CONTENT, other than to the extent set out in the provisions of this DOCUMENT.

10.2. STARGIFT shall not be held liable for any kind of loss (whether direct, indirect, incidental or otherwise, etc.) arising from the use or inability to use the content presented on the SITE or otherwise, or for any errors or omissions in the presentation of the content that may lead to any kind of loss.

10.3. Should a MEMBER/ CUSTOMER considers that any Content sent by any means by STARGIFT infringes copyright or any other rights, they may contact STARGIFT for further details, in accordance with the contact details provided, so that STARGIFT may make an informed decision.

10.4. STARGIFT does not guarantee the MEMBER or CLIENT access to the website or the service, nor does it grant them the right to download, modify, reproduce, copy, or exploit, in whole or in part, the CONTENT, in any manner whatsoever, or to transfer to any third party any content to which they have and/or have obtained access, under a user agreement, without STARGIFT’s prior written consent.

10.5. STARGIFT accepts no liability for the content, quality or nature of other websites accessed via links within the content, regardless of the nature of such links. Liability for such websites rests entirely with their owners.

10.6. STARGIFT is exempt from any liability in the event of the use of the websites and/or content transmitted to the MEMBER or CUSTOMER by any means (electronic, telephone, etc.), via the websites, email or by a STARGIFT employee, where such use of the content may cause or does cause damage of any kind to the MEMBER, the CLIENT and/or any third party involved in this transfer of content.

10.7. STARGIFT makes no direct or indirect warranties that:

10.7.1. the service will meet the CUSTOMER’s requirements

10.7.2. the service will be uninterrupted, secure or free from errors of any kind

10.7.3.produsele/serviciile obtained free of charge or for a fee through the service will meet the CLIENT’s requirements or expectations.

10.8. The operators, administrators and/or owners of the website shall not, under any circumstances, be liable for any relationships or their consequences arising from, but not limited to, purchases, special offers, promotions, or any other type of relationship, connection, transaction, collaboration, etc., that may arise between the CUSTOMER or MEMBER and any of those who advertise directly or indirectly via the website.

10.9 The maximum amount of compensation payable to any customer in the event of non-delivery or faulty delivery is the amount received by STARGIFT from that customer for the delivery in question. Acceptance of the goods constitutes the customer’s acknowledgement that the goods have arrived in good condition. The pro forma invoice and the tax invoice constitute the contract of sale in accordance with current Romanian legislation. By signing for the delivery, the customer expressly confirms that they have received the products and that they comply with the order.

11. Force majeure and unforeseeable circumstances

11.1 STARGIFT, its partners and suppliers shall not be held liable for any delay or error in the performance of contractual obligations or in relation to the content provided on the WEBSITE, resulting directly or indirectly from force majeure or circumstances beyond STARGIFT’s control. This exemption includes, but is not limited to: operational errors or unauthorised access to STARGIFT’s technical equipment, computer viruses, lack of internet or telephone connection, operational errors, strikes, natural disasters, war, etc.

11.2. Unless expressly provided otherwise, neither party to a contract that is still in force shall be liable for the failure to perform, on time and/or properly, in whole or in part, of any of the obligations incumbent upon it under the contract, if the failure to perform that obligation was caused by a force majeure event.

11.3. The party or the party’s legal representative invoking the aforementioned event shall be obliged to notify the other party, immediately and in full, of its occurrence and to take all measures at its disposal to minimise the consequences of that event.

11.4. The party or the party’s legal representative invoking the aforementioned event shall be exempt from this obligation only if the event prevents them from fulfilling it.

11.5. If, within 15 days of the date on which it occurred, the event in question has not ceased, each party shall be entitled to notify the other party of the automatic termination of this contract, without either party being entitled to claim any further damages from the other.

11.6. The party invoking the force majeure event must provide evidence of the impossibility of performing its obligations within 30 days of the date on which the event occurred, subject to the provisions of Article 10.3.

12. Disputes

12.1. By using, visiting, viewing, etc., the WEBSITE or any content sent by STARGIFT to the MEMBER/ CUSTOMER via access and/or transmission by any means (electronic, telephone, etc.), the MEMBER/CUSTOMER hereby agrees to comply with at least the provisions of these sections of the “Terms and Conditions”.

12.2. Any dispute relating to these “Terms and Conditions” that may arise between the MEMBER/CUSTOMER and STARGIFT shall be resolved amicably. If this is not possible, the dispute shall be resolved by the competent court at STARGIFT’s registered office, in accordance with the applicable Romanian laws.

12.3. STARGIFT shall not be liable for any loss, costs, proceedings, claims, expenses or other liabilities where these are directly caused by a breach of the “Terms and Conditions”.

12.4. If any of the above clauses is found to be void or invalid, for whatever reason, that clause shall not affect the validity of the other clauses.

12.5. This document has been drawn up and shall be interpreted in accordance with Romanian law.

13. Final provisions

13.1. STARGIFT reserves the right to make any amendments to these provisions, as well as any changes to the website, its structure or the service, including changes that may affect the website or any content, without prior notice to the MEMBER or the CUSTOMER.

13.2. STARGIFT shall not be held liable for any errors appearing on the website for any reason, including those resulting from changes, settings, etc., which are not made by the website administrator.

13.3. STARGIFT reserves the right to place advertising banners of any kind and/or links on any page of the website, in accordance with the legislation in force.

13.4. Should any of the clauses in this DOCUMENT be found to be invalid, for whatever reason, this shall not affect the validity of the other clauses. Upon placing an order, the customer accepts these Terms and Conditions without reservation; they shall have the same legal force as a validly concluded contract, and the customer fully accepts the rights and obligations arising from the purchase made on the website www.stargift.com.

14. Feedback

14.1. Should you have any questions or suggestions regarding the services and products of STARGIFT SRL, please contact us by email at [email protected]. Feedback may be submitted via any of the methods provided, subject to legal requirements: messages must not be unlawful, threatening, defamatory, etc. towards StarGift or any third party.

14.2. Any comments, questions, feedback, ideas, suggestions or other communications or information provided by USERS of the website about or relating to STARGIFT or the website www.stargift.com, its functionality or its improvement, shall remain the property of S.C. STARGIFT SRL, which shall hold the exclusive rights to their implementation and shall be exempt from any obligation to provide compensation in respect thereof.