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General Terms and Conditions of Use of the Website General Conditions of Sale

General Terms and Conditions of Use of the Website

Updated to October 2020

  1. Imprint
  2. User Age
  3. Registration and Subscription to the Services
  4. Duration and Termination
  5. Electronic Services
  6. Intellectual property rights
  7. Submitted material
  8. Links to other sites
  9. Authenticity of products branded “Cactus The Brand”
  10. Exclusion of warranties
  11. Limitation of liability
  12. Indemnity
  13. Governing Law
  14. Privacy

Welcome to www.cactusthebrand.com website (hereinafter the “Website“).

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE “TERMS OF USE“) CAREFULLY BEFORE USING THE WEBSITE.

The Terms of Use govern the access to, and use of, the Website and the services available through the Website (“Services”). 

Use of the Website and of the Services implies the full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Clause 14 (below), and acknowledgement of their relevant mandatory nature. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and indicate your acceptance during the registration, or subscription, process. If you (“User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with registering or using the Services.

Cactus The Brand reserves the right, at its sole discretion, to modify these Terms of Use from time to time. We will post the revised Terms of Use on this Website and update the “Last Updated” date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Website and Services.

 

  1. Imprint

1.1       The Website and its contents are designed, operated and administered by T&E Com Serv SRL, an Romanian company, with registered office in street Mihai Eminescu, no. 4A, Targu Neamt, 615200, VAT no. 9419143, number of register of incorporation and Fiscal Code J27/244/1997. 

1.2       Purchases made through the Website by customers worldwide are processed by T&E Com Serv SRL.

 

  1. User Age

2.1       The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual’s relevant country).  If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.

 

  1. Registration and Subscription to the Services

3.1       You may register for, or subscribe to, our Services as available from time to time on the Website.

3.2       When registering for, or subscribing to our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties. 

3.3       If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.

3.4       Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, Cactus The Brand will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.

 

  1. Duration and Termination

4.1       Your registration for, or subscription to, one or more Services will be effective at successful completion of the registration or subscription process.

4.2       These Terms of Use, and any posted revision of these Terms of Use, shall remain in full force and effect for the entire duration of your use of the Website or of the Services. 

4.3       You may terminate your registration for, or subscription to, the Website at any time upon your sole discretion, also without a reason, by sending an e-mail to contact@cactusthebrand.com or calling the number +40 726246573.  We will confirm to you the cancellation of your registration or subscription.

4.4       Cactus The Brand may immediately terminate your registration or subscription, or suspend it, at any time and at its sole discretion, in the event of any material breach by you of these Terms of Use, without prejudice to any other remedies provided by the applicable law. Cactus The Brand will notify you about the termination or suspension, as applicable, by e-mail or ordinary mail and your registration or subscription details will be deactivated.

  1. Electronic Services 

5.1       Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).

5.2       You agree that we may contact you for  Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges. 

 

  1. Protection of industrial and intellectual property rights

6.1       The terms “Website” and “material” refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other material reproduced and / or made available through this Website (“Material”). 

6.2       All materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of Cactus The Brand. All rights are reserved.

6.3       All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of Cactus The Brand in all countries. All domain names used on the Website and / or connected to it are owned – or used with permission – by Cactus The Brand.

6.4       This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for information and/ or promotional purposes only.

6.5       It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the material in this Website or related software, in whole and / or in part, in any form and / or manner, and for any purpose.

6.6       Cactus The Brand is fully committed to maintain, enforce and protect its intellectual property rights throughout the world and to strongly fight against any infringement in order to ensure that its unique heritage be strongly preserved and fully respected. Any use which is not expressly permitted by these Terms of Use is prohibited. The lack of any remedy by Cactus The Brand whether in Court or out of Court does not mean acquiescence or tolerance of any violations of these Terms of Use of the Website and / or breach of intellectual property rights of which Cactus The Brand has the ownership and / or availability. 

 

  1. Submitted material

7.1       You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to Cactus The Brand through this Website or by other means (the “Submitted Material“) is not considered confidential. By submitting the Submitted Material you grant to Cactus The Brand a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.

7.2       Cactus The Brand is not required or will not be required in the future to:

(i)         keep any Submitted Material confidential;

(ii)        pay compensation for any use of the Submitted Material or in connection to it;

(iii)       respond to the submission of Submitted Material and / or confirm the relevant receipt.

7.3       You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights. 

7.4       By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of Cactus The Brand to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, products development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.

7.5       Cactus The Brand retains the right to reject or delete any Submitted Material for any or no reasons, including Submitted Material that in our judgment violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.

 

  1. Links to other sites 

8.1       This Website may contain links to other websites. Cactus The Brand has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.

8.2       Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Cactus The Brand of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. 

8.3       You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of Cactus The Brand.

  1. Authenticity of products branded “Cactus The Brand” 

9.1       The products branded “Cactus The Brand” promoted through the Website are made with the finest materials, and they are all MADE IN ROMANIA. 

  1. Exclusion of warranty

10.1     TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN “AS IS” AND “AS AVAILABLE” BASIS. CACTUS THE BRAND PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABILE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES. 

10.2     CACTUS THE BRAND WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER CACTUS THE BRAND CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND CACTUS THE BRAND MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. CACTUS THE BRAND RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.

 

  1. Limitation of liability

11.1     SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

11.2     AS THE SERVICE IS PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.

11.3     TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES  ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

11.4     IT IS UNDERSTOOD THAT NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR WILFUL INTENT AND/OR; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

 

  1. Indemnity

12.1     If permitted under applicable law, you agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein and/or if any Submitted Material that you transmitted through the Services causes our liability to a third party.

 

  1. Governing Law 

13.1     These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with Romanian laws (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence.  All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Romanian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law. 

 

  1. Privacy

14.1     Before uploading or providing any personal data to this Website, please read carefully the Privacy Policy; unless an opt-in is required under the applicable data protection law(s), by uploading or providing any personal data to the Website you agree to be bound by our Privacy Policy.

 

General Conditions of Sale

  1. General provisions

    1.1 These general conditions of sale (“General Conditions”) apply to all sales of Cactus The Brand products (“Products” or “Product”) through the website www.CactusTheBrand.com(“Website”).

    1.2 The sale of Products under these General Conditions is only available to consumers (“Clients” or “Client”) being natural persons acting for purposes extraneous to their trade, business, craft and profession, aged over 18.

    1.3 The languages used to enter any contract of sale through this Website is English and Romanian.

    1.4 Clients are required to read carefully these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. A copy of the General Conditions will be sent to the Client by Cactus The Brand according to Section 5.10 below. Contracts of sale executed with Clients will be archived by Cactus The Brand for the retention period required by applicable law.

    2. Identification of the vendor

    2.1 The vendor is T&E Com Serv SRL, a company with registered office street Mihai Eminescu, no. 4A, Targu Neamt, 615200, Romania, VAT number 9419143, (“Cactus The Brand”).

 

3. Information on Products and their availability

3.1 Information on Products (along with the relevant Product codes) and relevant prices are available on the Website.

3.2. Pictures of the Products displayed on the Website may not correspond to their actual appearance; the Client shall therefore rely exclusively on the description of the Products and their characteristics as mentioned in the Website.

3.3 Cactus The Brand reserves the right at any time to limit quantities and/or type of Products available in the Website. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Products; Cactus The Brand is not liable towards the Client in case of unavailability of the Products prior to the execution of the contract.

3.4 The maximum number of pieces for each Product included by the Client in the order proposal is three pieces.

3.5 In no case Cactus The Brand shall be liable for errors occurred due to failure of the Client’s connection to the Website.

4. Price

4.1 The prices of the Products are indicated on the Website in Ron, Euro, Usd, Gbp and are inclusive of all applicable taxes and charges. Delivery costs, shall be added to the price of the Products and will be indicated separately on the order form.

4.2 Cactus The Brand regularly verifies that prices of the Products displayed on the Website are correct; however, Cactus The Brand cannot guarantee the absence of errors. In the event that an error in the pricing of a Product is detected, Cactus The Brand shall refuse the order and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Cactus The Brand will also offer the Client the opportunity to cancel the order.

5. Execution of the Contract

5.1 The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an offer by Cactus The Brand.

5.2 Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to possible delivery charges, the right of withdrawal conditions and the privacy policy statement), along with these General Conditions.

5.3 To purchase the Products, Client must (i) include the selected Products in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Cactus The Brand through the Website.

5.4 Sending of the order constitutes a proposal to purchase the selected Products, regulated under these General Conditions and binding for the Client, with no prejudice to the withdrawal right under Section 10. The sending of the order proposal by the Client entails the obligation of the latter to pay the price of the ordered Product(s) if the contract is concluded between Cactus The Brand and the Client.

5.5 Any error/change in data entered by the Client in the order proposal may be validated by the latter, following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”).

5.6 The order proposal and the Client’s data related to that order proposal will be kept by Cactus The Brand for the period required by applicable legislation, as provided under the privacy policy. On the base of Cactus The Brand’s legitimate interest we can use personal data provided by You to make a purchase as a Guest to make a classification of our Guest profiles with reference to the amount of the purchases, purchases frequency, number and type of product purchased, country of billing and shipping, returns made.

5.7 An order proposal may be refused by Cactus The Brand within 30 days of receipt of the same. In that case, no consideration shall be due by the Client to Cactus The Brand, Cactus The Brand may refuse an order proposal in the following events (by way of example but without limitation):
Cactus The Brand may refuse an order proposal in the following events (by way of example but without limitation):
(i) the Products are not available (with no prejudice to the provision set out under Section 3.3); or
(ii) a reported, or suspected, fraudulent or illegal activities, including suspected purchases for commercial purposes; or
(iii) the Client has not fulfilled his/her obligations deriving from a prior contract executed with Cactus The Brand.

5.8 The contract between Cactus The Brand and the Client is executed upon receipt by the Client of the acceptance by Cactus The Brand of the order proposal (“Order Confirmation”). The acceptance (or the refusal) by Cactus The Brand shall be sent to the Client via e-mail at the address provided by the Client in the order proposal.

5.9 In case of unavailability of one or more of the Products, the Client will receive an email duly informing him about the unavailability of the Products. In this case the order proposal will be cancelled or partially accepted just in relation to the available Products. In case of partial acceptance, the Client shall pay (or shall be charged, in case of payment through the credit card) only the price of the available Products.

5.10 The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, if any, information on the conditions and methods to exercise the right of withdrawal, including information on the exclusion of the right of withdrawal for personalized Products, the address to which complaints may be addressed, information on support services and on existing commercial terms, if any, and a copy of these General Conditions.

5.11 Once the Order Confirmation is sent to the Client, the order cannot be cancelled or modified. Dispatched Products can however be returned as set out in Section 10 below.

5.12 The risk of loss of or damage to the Products shall pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Products.

6. Method of payment

6.1 Payment of the price of the Products included in the order proposal and the relevant delivery charges, if any, shall be paid by the Client by credit card, PayPal, by bank transfer or cash on delivery (only for orders shipped in Romania). .

6.2 Cactus The Brand accepts payments made with the following credit cards:
Visa;
MasterCard;
American Express.

6.3 The transactions will be debited from the Client’s credit card only after:
(i) the credit card data has been verified;
(ii) the authorization to debit the card has been received from the issuer of the card used by the Client, and
(iii) the availability of the Products has been confirmed by Cactus The Brand.

6.4 In some instances (as, for example, for the purchase of personalized Products) that will be notified to the Client before the latter is able to submit the order proposal, the transaction will be debited from the Client’s credit card only after:
(i) the credit card data has been verified; and
(ii) the authorization to debit the card has been received from the issuer of the card used by the Client.

6.5 Except as provided for in Section 6.4, no debit shall be made at the moment of transmission of the order proposal, with the exception of the temporary charge necessary to check the credit card’s validity, if any. It is understood that once the order is executed, the said temporary charge will be cancelled and replaced just by the amount due by the Client. Moreover, also in case the order is cancelled this temporary charge will be definitely cancelled as well.

6.6 Cactus The Brand also accepts payments made by bank transfer to the following IBAN codes: RO73BTRLUSDCRT0404045001, RO74BRDE280SV60603362800, RO22BTRLRONCRT0404045001. All costs and expenses (including bank charges) associated with the bank transfer applied, as the case may be, to the Client by the bank, shall be borne by the Client. Payment shall be due within and not later than 7 (seven) working days from the date of the Order Confirmation.

6.7 In the event that, for any reason, it is impossible to debit the amount due by the Client (or to have the cleared funds received on Cactus The Brand’s bank account, in case of bank transfer) within the due deadline (see Section 6.6 above), the contract will not be executed and the order will be cancelled.

6.8 For each order, Cactus The Brand shall invoice the Products by email or inside the package to the Client, pursuant to the applicable laws and regulations. The invoice will be based upon the information provided by the Client at the time of the order. No alterations to the invoice are possible after the invoice has been issued.

7. Transport and delivery

7.1 The purchased Products shall be delivered by a courier service selected by Cactus The Brand (“Courier”) on working days. Products shall be delivered to the address indicated by the Client in the order proposal. Cactus The Brand shall not deliver to PO Boxes.

7.2 Except if a force majeure event or unforeseeable circumstance occur, purchased Products shall be delivered within 30 (thirty) days of the date indicated in the Order Confirmation. In case the delivery has not occurred within the above indicated term, the Client be entitled to repudiate the Contract and Cactus The Brand shall, without undue delay, reimburse all sums paid under the Contract.

7.3 At the time of delivery of the Products by the Courier, the Client (or a nominated representative) is required to:
(i) verify that the number of items being delivered corresponds to that indicated on the delivery note;
(ii) verify that the packaging and its seals are intact, undamaged, not wet or altered in any manner;
(iii) sign the delivery note; and
(iv) if requested by the Courier, show his/her ID.
Any damages to the packaging and/or the Products, or discrepancies in the number of items or documentation must be immediately indicated in writing on the Courier’s delivery note. Except to the extent permitted under applicable laws, once the Courier’s document has been signed and no objection has been raised by the Client, the Client may not make any objection to the exterior characteristics of the delivered parcel, provided that the Client is entitled to subsequently raise objections in relation to the any other features related to the Products in accordance with the conditions set forth under Section 13 below.

7.4 Delivery charges, if required, shall be borne by the Client and will be indicated separately on the order form and invoice.

8. Dispatching and delivery confirmation

8.1 Cactus The Brand shall send to the Client a shipping confirmation via e-mail once the Products are dispatched and a further e-mail once the Products have been delivered.

9. Wrapping or packaging

9.1 Products purchased from the Website are delivered in Cactus The Brand standard packaging.

10. Right of withdrawal

10.1 Pursuant to Article 9 of the Government Emergency Ordinance no. 34/2014 on consumer rights within the contracts concluded with professionals, the Client has the right to withdraw from the contract with no reason within 14 (fourteen) days from the date in which the Client (or the representative duly authorized to receive the Products) obtains the physical possession of the Products and in case of partial deliveries, the last Product.

10.2 To exercise the right of withdrawal, the Client shall, within the term mentioned under Section 10.1, send by email

 •  the withdrawal form, duly filled in and undersigned; or

 •   a communication of his/her intention to exercise the right of withdrawal; such communication shall include the following information: (i) indication of the Products for which the Client wishes to exercise the right of withdrawal; (ii) order number; and (iii) in the event that the Client purchased the Products by bank transfer, the Client’s IBAN code to which the reimbursement is to be made;

  to the following address:
  contact@CactusTheBrand.com

10.3 Within 14 (fourteen) days of the communication of withdrawal, the Client shall return the purchased Products to Cactus The Brand at T&E Com Serv SRL, street Mihai Eminescu, no. 4A, Targu Neamt, 615200, Romania. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client. The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

10.4 Cactus The Brand shall reimburse all payments received from the Client, including the costs of delivery, if any, within 30 (thirty) days of the day on which Cactus The Brand has received the Products back, or until the Client has supplied evidence of having sent back the Products, whichever is the earliest. Reimbursement shall be executed by Cactus The Brand using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise and provided that the Client does not incur any fees as a result of such reimbursement.

10.5 Products purchased through the Website can be returned also in exchange of gift cards. The reimbursement will follow the procedure under Section 10.3 and 10.4.

11. Personalized Products

11.1 The right of withdrawal does not apply to orders for personalized Products, such as, for example, those with the Client’s personalized embroidery or made-to-measure products.

12. Replacement of Products

12.1 Without prejudice to the Client’s rights according to Sections 10 and 13, and with the exception of personalized Products, Cactus The Brand allows in any case the Client to replace Products purchased on the Website, pursuant to the following procedure:

(I) once the Products are received, the Client shall promptly contact Cactus The Brand by email at contact@CactusTheBrand.com;

(II) after that, the Client shall fill in the form provided with the delivered Products which the Client wishes to replace, clearly indicating the code and the size of the new Products that the Client wishes to receive (such codes and sizes being indicated on the Website);

(III) no later than 14 (fourteen) days from the date of delivery of the Products, the Products to be replaced must be returned by the Client to Cactus The Brand in their original conditions as when delivered, along with the labels attached to the Products and the form indicated under point 12.1 (II) above. Save as otherwise stated on the Website, delivery costs for returning the Products shall be borne by the Client.

12.2 The Products shall be returned in their original condition, unaltered, unused, undamaged and with original tags and labels attached. The Client shall only be liable for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods. 

12.3 The amount paid by the Client shall be reimbursed by Cactus The Brand, through the same payment method used by the Client for the initial purchase, within 30 (thirty) days after the returned Products have been delivered to Cactus The Brand.

12.4 The exchange will be accepted by Cactus The Brand subject to the availability of the new Products requested.

12.5 The exchange will be processed by Cactus The Brand as a new order of the Client subject to the same terms and conditions as set out in these General Conditions for the initial order. In particular, if the Products that the Client wishes to exchange have been initially paid by credit card, Cactus The Brand will first refund the price initially paid by the Client and then will charge the price of the new requested Products pursuant to Section 6.3 above. If the initial payment was made by bank transfer and the price of the new requested Products is the same as the price paid by the Client for the Products he/she wishes to exchange, Cactus The Brand will withhold the initial sum paid by the Client; if the price is different, Cactus The Brand will refund – or request the Client to pay – the difference, as the case may be.

13. Lack of conformity

13.1 If a Product sold by Cactus The Brand has manufacturing defects or an alleged lack of conformity, the Client will contact the online support by email to the following address:
  
  contact@CactusTheBrand.com

13.2 The legal guarantees established by Articles 1707 and subsequent of the Romanian Civil Code and Law no. 449/2003 on the sale of products and associated guarantees as well as the Government Ordinance 21/1992 regarding consumers’ protection, as republished apply to the sale of the Products. Under these provisions, the Client has the right to have the Products brought into conformity within maximum 15 days as of the moment the Client has brought to Cactus The Brand’s attention the Product’s lack of conformity, free of charge, by repair or replacement, or, in case of failure of one of the remedies above, to have an appropriate reduction in the price of the Products, or the contract terminated. The Client loses these rights if fails to notify Cactus The Brand of the lack of conformity within 1 (one) months of the date on which the Client detected such lack of conformity. In any event, actions intended to assert a lack of conformity not maliciously concealed by Cactus The Brand shall automatically lapse 1 year after the delivery of the Products.

13.3 In the event the Client is seeking the Product to be repaired or replaced due to lack of conformity pursuant to this Section 13, delivery costs for returning the Product to be repaired or replaced shall be borne by Cactus The Brand, as well as any costs related to the delivery to the Client of the repaired or replacing Product.

14. Guarantee of authenticity and intellectual property rights

14.1 Cactus The Brand guarantees the authenticity of all Products purchased on the Website. Products bearing the Cactus The Brand trademark are produced with materials, are manufactured by artisans and are all rigorously and fully MADE IN ROMANIA.

14.2 The “Cactus The Brand” trademark, the set of figurative and/or shape marks, present in the Products, the relevant accessories and/or packaging, together with all the illustrations, images and places protected by copyright, and more generally all the intellectual property rights relating to the Products, are and remain the exclusive property of the company of  T&E Com Serv SRL.

15. Applicable law and competent jurisdiction

15.1 These General Conditions and, therefore, the Contracts executed with the Clients, shall be governed by and will be interpreted in accordance with Romanian laws (including, without limitation, the Romanian Civil Code, Government Emergency Ordinance 34/2014, Law 296/2004 on the Consumer Code, Government Ordinance no. 21/1992 on consumer’s protection, Law no. 449/2003 on the sale of products and associated guarantees, Law 363/2007 on fighting against unfair practices of traders in relation to the consumers and on the harmonization of regulations with the European legislation on consumer protection).

15.2 The disputes arising out of, or relating to these General Conditions shall be submitted to the territorial jurisdiction of the competent courts of the place of residence or domicile of the Client.

Alternatively, the Client can decide to access to the platform for alternative extra-judicial resolution of disputes provided by the European Commission, available on the website http://ec.europa.eu/odr

 

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