1. The term of exercising the legal right of withdrawal
According to article 9 (1) of the Emergency Ordinance no. 34/2014 regarding the rights of consumers within the contracts concluded with professionals, the Buyer has at his disposal a 14 (fourteen) calendar days from the date on which the Buyer enters into the physical possession of products, in order to exercise their legal right of withdrawal, without being obliged to justify their decision.
2. Ways of exercising the legal right of withdrawal
The Buyer must inform MISA Brushes expressly by e-mail at [email protected] regarding his/her decision to withdraw from this contract, using an unequivocal statement, for example, a letter sent by post, fax or email. MISA Brushes will promptly send by e-mail the confirmation of receipt of the withdrawal request. In order to comply with the withdrawal deadline, it is sufficient for the Buyer to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
3 Products exempted from exercising the legal right of withdrawal
According to article 16 of the Emergency Ordinance no. 34/2014 regarding the rights of consumers within the contracts concluded with the professionals, the right of withdrawal cannot be exercised for the Calendar Orders which refer to:
– supply of goods that have been unsealed after delivery, which can no longer be returned for reasons of hygiene or health protection;
– supply of goods made according to the consumer’s specifications or obviously personalized.
As a result, the Buyer is aware that it will not be able to take advantage of its legal right of withdrawal regarding the products sealed by him, whose new marketing by MISA Brushes could present risks for reasons of hygiene or health protection for consumers (for example: care products, makeup brushes, etc.).
4 The consequences of exercising the legal right of withdrawal
In the case where the products can be subject to the legal right of withdrawal, the Buyer who exercises his right of withdrawal under the conditions provided by this article regarding the terms and the modalities of return of the products, will be able to obtain the reimbursement of the value of the returned products. The Buyer exercising his legal right of withdrawal under the conditions provided by this article regarding the terms and modalities of the return of the Products, will be reimbursed all the amounts paid to MISA Brushes by way of payment for the order on which the right was exercised. Pursuant to art. 13 (2) of the Emergency Ordinance no. 34/2014 regarding the rights of consumers in the contracts concluded with the professionals, the Consumer understands and expressly gives his consent that the repayment of the amounts should be done exclusively by bank transfer, meaning that he is obliged to provide MISA Brushes the data of a bank account for the transfer of the amounts. MISA Brushes has the right to defer repayment until the date it receives the products back. The returned products will be shipped by the Buyer to MISA Brushes CONSTANTIN MUSAT STREET, NR.3, VILLA EMMA, APT.2, BACAU, BACAU COUNTY, ROMANIA. The buyer is only responsible for diminishing the value of the products resulting from manipulations, other than those necessary for determining the nature, qualities and functioning of the products.
According to article 14 (2) of the Emergency Ordinance no. 34/2014 regarding the rights of consumers in the contracts concluded with the professionals, the costs of returning the products will be borne by the Buyer.
6. General provisions applicable to the return of products
a) It is compulsory for the products to be returned to MISA Brushes in a state that allows them to be put back for sale (in perfect condition, accessories, prospectuses, etc.) at the latest, as the case may be, within 14 (fourteen) calendar days of on the date when the Buyer comes into physical possession of the products.
b) Returns of products sent after the expiration of this term are not accepted.
c) In addition, the products will be accompanied by the Order number, mentioned either on the Return Voucher, sent along with the delivered products, signed by the Buyer or the recipient of the Order, or on any other document. The Buyer and the recipient of the Order, if it differs from the Buyer, are informed that the use of the Return Voucher facilitates the processing of the return by Sephora. The Buyer or the recipient of the Order, if it differs from the Buyer, is therefore asked to use the Return Voucher.
d) In the situation where the Buyer has benefited from the Site a special offer, which allowed him, under certain conditions, to purchase one or more products offered in exchange for his Order or to benefit without additional cost of different promotional samples, it will be considered that through the exercise of his or her right of withdrawal is no longer eligible to benefit from the respective offer or the respective samples.
e) The Buyer will be responsible for diminishing the value of the products resulting from their manipulation, different from what is necessary to determine the nature, characteristics and, as the case may be, the functioning of the products.
7. Return the parcel by courier
a) Additionally, the Buyer or the recipient of the Order, who wishes to exercise his right of withdrawal, legally or contractually, returning the product by courier / parcel, must follow the following instructions:
– sending the parcel with acknowledgment of receipt to the following address: MISA Brushesm CONSTANTIN MUSAT STREET, NR.3, VILLA EMMA, APT.2, BACAU, BACAU COUNTY, ROMANIA;
b) MISA Brushes does not accept parcels addressed improperly, at any other point of work or address, even if it belongs to MISA Brushes.
c) When the Purchaser / Consignee of the Order does not prove that he has actually delivered the product to a carrier according to the above, all risks related to the return of the product are the responsibility of the Purchaser or the consignee of the Order.