Return policy

Return Policy / Withdrawal from Contract

This procedure establishes the necessary conventional framework regarding the renunciation of purchases of products acquired from the website www.mygeisha.com, owned by the company GEISHA PERFUMES SRL, with its registered office in Bragadiru, Mărăcineni Street 78A, Floor 1, Room 2, Ilfov County, registered at the National Office of the Trade Register under no. J40/1213/2017, VAT ID RO37007091.

my Geisha customers can return products purchased from www.mygeisha.com, according to the return terms and conditions provided in this procedure.

We inform you that, for contracts concluded at a distance or contracts concluded outside My Geisha commercial spaces, if you decide to cancel your purchase, requesting the return of one or more product(s) purchased from the website www.mygeisha.com, you expressly and unequivocally agree to the full acceptance of the provisions of this product return procedure. This service does not limit in any way the rights that belong to buyers under the legal provisions in force, including the right of withdrawal provided by Emergency Ordinance No. 34/2014 regarding consumer rights in contracts concluded with professionals, as well as for the amendment and supplementation of certain normative acts, which transposed into national legislation the provisions of Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as amended/completed by Article III of Emergency Ordinance No. 58/2022, through which Directive (EU) 2019/2.161 of the European Parliament and the Council of 27 November 2019 was transposed into national legislation.

1.The return period for my Geisha products purchased from www.mygeisha.com

Products purchased from www.mygeisha.com can be returned within 14 calendar days of their receipt, without stating the reasons. The 14-calendar-day period is calculated:

  • from the day the consumer or a third party other than the carrier and indicated by the consumer, physically acquires the goods;
  • in the case where the consumer orders through a single order multiple goods that will be delivered separately, from the day the consumer or a third party other than the carrier and indicated by the consumer, physically acquires the last good;
  • in the case of contracts for the periodic delivery of goods over a determined period of time, from the day the consumer or a third party other than the carrier and indicated by the consumer, physically acquires the first good.

Returns of products sent after the expiration of this term are not accepted.

2.Conditions Regarding the Withdrawal/Return Procedure

To exercise their right of withdrawal/return, in accordance with the provisions of Art. 11 para. (1) of Emergency Ordinance No. 34/2014, before the expiration of the withdrawal/return period, the consumer/order recipient must explicitly inform my Geisha of their decision to withdraw from the contract, using an unequivocal statement sent to the email address: office@mygeisha.ro

For this purpose, the withdrawal/return form attached to this return procedure can also be used.

Exercising the right of withdrawal terminates the contractual obligations of the parties, namely to execute/conclude the contract at a distance or outside the commercial space, with the following specifications:

  • The products that the buyer intends to return must be in their original packaging, sealed and in a condition that allows their resale, without physical/aesthetic modifications, damages, scratches, mechanical shocks, etc. Return is not accepted if the products are unsealed, defective, used, improperly packaged;
  • The return of products unsealed by the customer is accepted only if the product(s) purchased are non-conforming (for example: it/they has/have a hidden defect, manufacturing defect, such as: non-conforming content; the container of a product shows deformation signs from manufacturing; the pump mechanism of a perfume cannot spray the content, etc.). According to the definition of Art. 2 point 21 of Government Ordinance No. 21/1992, republished with subsequent amendments and completions, a hidden defect is a qualitative deficiency of a product that was not known and could not have been known by the consumer through the usual means of verification at the time of purchasing the product;
  • In the event that the buyer/client benefited from a special offer, receiving promotional products/gifts along with the purchased product(s), they must return all the products received, including the promotional/gift items. If not all promotional/gift products received are returned, the return will not be accepted;
  • In the event that the buyer, through an online purchase from www.mygeisha.com, benefited from a special offer, which allowed them, under certain conditions, to purchase one or more products offered in exchange for their order or to benefit from various promotional samples without additional cost, it will be considered that by returning, the latter is no longer eligible to benefit from that offer or those samples. Specifically, if the value of the returned products exceeds 50% of the amount paid for the initial purchase, the buyer will have to return the product(s) they wish to return only together with the samples/gifts/promotions or vouchers/products etc. received, respectively the product(s) purchased at an offer in exchange for the order of the returned product(s), so that my Geisha can process their return request. Thus, the products received as gifts/promotional items or as bonuses/samples etc., must be sealed, in the original packaging, unused, not used, without physical/aesthetic modifications, damages, scratches, mechanical shocks, etc., suitable for being resold;
  • In the case of returning products that were purchased in a promotional campaign or based on a promotional coupon/code, made after the end of the respective promotional campaign or after using the discount coupon/code, the customer/buyer will be refunded the amount they actually paid for the returned product;
  • In the case of promotions where the discount is obtained on the condition of purchasing multiple products, the return equates to the buyer renouncing the promotion, regardless of the return period. In this situation, the return is possible only on the condition that the customer returns all the products whose purchase gave them the right to participate in the promotion;
  • Products can only be returned if they are in the same condition as they were delivered (they must contain all the accessories with which the product was delivered, as well as instructions, and show no signs of use). Failure to meet the above conditions means that my Geisha cannot process the withdrawal/return request;

Exchanging products purchased at a promotion, made after the end of that promotion, or products purchased based on a coupon/discount code is possible only by replacing them with a product of the same type, at the same price (the actual price paid by the buyer/client), which may differ only in size, color, or model.

The return of products will be made only on the basis of attaching a copy of the purchase proof, namely the fiscal invoice.

Products that are not accepted for return (excluded from the right of withdrawal)

The following compliant products cannot be accepted for return:

  • those that have been unsealed after delivery, which cannot be resold, which can no longer be returned for reasons of hygiene or health protection (for example: care products, makeup, perfumes, etc.);
  • those that show physical/aesthetic changes or other deficiencies attributable to the consumer;
  • those that have been made/produced according to the consumer's specifications or are obviously personalized.

Therefore, the buyer acknowledges that they will not be able to exercise their contractual right of withdrawal and return with respect to the compliant products unsealed by them.

Also, the Buyer acknowledges that they will not be able to exercise their contractual right of withdrawal and return on products personalized at their request.

Withdrawal/Return Procedure in the Case of Purchases from the Website www.mygeisha.com

The buyer or, where applicable, the recipient of the order, in order to exercise their right of withdrawal, must expressly inform my Geisha at the following contact details: office@mygeisha.ro regarding their decision to withdraw from this contract, using an unequivocal statement to that effect.

The buyer may also complete and submit the standard withdrawal form provided by my Geisha. To comply with the withdrawal deadline in accordance with legal provisions, the buyer returns/delivers the products to the professional or a person authorized by the professional to receive the products, without undue delay, within the specified deadline. Any failure to comply with the provisions contained in this return procedure results in the buyer losing the right to return the products, with my Geisha being fully entitled to refuse such a return.

În temeiul art. 13 alin. (2) din O.U.G. nr. 34/2014 privind drepturile consumatorilor în cadrul contractelor încheiate cu profesioniștii, consumatorul înțelege și își dă în mod expres consimțământul ca rambursarea sumelor să se efectueze exclusiv prin transfer bancar, sens în care se obligă sa furnizeze My Geisha datele unui cont bancar pentru transferul sumelor de bani. În orice caz, Consumatorului nu i se vor percepe comisioane ca urmare a unei astfel de rambursări. Procesul de returnare al banilor este de 14 zile de la primirea si validarea conformitatii produsului/produselor la depozit.

Under Art. 13 (2) of Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals, the consumer understands and expressly consents that the reimbursement of sums shall be made exclusively by bank transfer, and commits to provide my Geisha with the details of a bank account for the transfer of funds. In any case, the Consumer will not be charged fees as a result of such a refund. The process of returning the money is 14 days from the receipt and validation of the conformity of the product/products at the warehouse.

Based on the provisions of Art. 13 (3) of Emergency Ordinance No. 34/2014, the consumer understands and expressly consents that additional delivery costs will not be refunded if they have chosen a delivery method other than the cheapest standard delivery type offered by my Geisha.

In case the consumer does not request the return of the money paid, but requests the replacement/exchange of the product, after my Geisha finds that the return request is eligible (analyzing the condition of the product), the consumer has the option to choose one of the following:

  • replacement with an identical product from the website www.mygeisha.com (the same type of product, the same quantity, etc.), which has the same economic value as the returned product, at the time of purchase, provided it is in stock;
  • replacement with a different product from the website www.mygeisha.com, which has the same economic value as the returned product, at the time of purchase, provided it is in stock.
    The products that the consumer intends to return will be shipped by the buyer to GEISHA PERFUMES SRL, at the address: Key Logistic Center, Soseaua de Centura 13 A, Chiajna, Romania.

The direct costs related to the return of the goods will be borne by the consumer.
Packages (returns) that are sent with payment upon delivery will be shipped back to the consumer, and the return will not be executed.

You can send the package through a courier company (e.g., Cargus, FanCurier) to the above address. If you have any questions or queries, please contact us by phone at 0372.394.859.

5.Procedure in the Case Where the Consumer Returns a Product Due to Suspicions of Its Non-Conformity

In the case of a non-conformity of the purchased good, my Geisha understands to comply with the legal provisions in force, including Emergency Ordinance 140/2021, which materialized the transposition into national legislation of the provisions of Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods and established the legal framework regarding sales contracts concluded between the seller and the consumer, especially norms regarding the conformity of goods, corrective measures in case of non-conformity, ways of implementing these corrective measures, as well as commercial warranties to ensure a high level of consumer protection and the proper functioning of the internal market.

The seller is liable to the Buyer for any non-conformity that exists at the time of delivery of the products and is identified within one year from that date.

It is considered that the products are in conformity with the contract if they: respect the description, type, quantity, and quality, and have the functionality and other characteristics provided for in the sales contract; correspond to the special purpose for which the consumer requests them, which the consumer made known to the seller at the latest at the time of concluding the sales contract and which the seller accepted; correspond to the purposes for which goods of the same type would normally be used, taking into account, if applicable, the legal provisions in force, technical standards or, in the absence of such technical standards, codes of conduct applicable in the field and specific to the sector; as applicable, have the quality and correspond to the description of a sample or model which the seller made available to the consumer before concluding the contract; if applicable, are delivered together with accessories, including packaging, installation instructions, or other instructions that the consumer can reasonably expect to receive; and respect the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility, and safety, which are normal for goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and considering any public statement made by the seller or on behalf of the seller or by other persons in earlier stages of the transaction chain, including by the producer especially in advertising announcements or on the label.

It is not considered a lack of conformity if at the time of purchase the Buyer knew or could reasonably have known of the non-conformity of the products.

If the non-conformity of the goods is found shortly after delivery, not exceeding 30 calendar days, the buyer/customer may opt for:

  • bringing into conformity, by repairing or replacing the product with an identical product or with other products that have the same economic value as the returned product, at the time of purchase, provided that it/these are in stock, except where the chosen corrective measure would be impossible or, compared to the other available corrective measure, would impose disproportionate costs on the seller;
  • a proportional price reduction relative to the decrease in value of the purchased goods compared to the value the goods would have if they were in conformity;
  • reimbursement of the product's value, which, as a rule, will be made on the spot, within the maximum limit of cash payments and depending on the cash available in the cashier on the day of the return. The refund period can be extended in the case of lack of liquidity, in which case the buyer will be informed and, with their agreement, a new date for the reimbursement of the amount related to the return will be established.

The customer/consumer who suspects the non-conformity of a purchased product or has doubts about its originality and/or quality, can notify my Geisha at the following contact details: office@mygeisha.ro. They will complete a written declaration, explaining the non-conformity of the product, and can request the return through an unequivocal statement to that effect or by completing the form found in the parcel.

Following the receipt of the return from the consumer, GEISHA PERFUMES SRL will forward the complaint along with the product, packaging, proof of purchase, and the customer's statement to the product's manufacturer, or where applicable, the authorized distributor, for investigation.

It should be noted that these investigations are based on two types of analyses, namely:

  • olfactory analysis, conducted by an authorized chemist (cost from 40 € + VAT);
  • laboratory analysis (GCMS TEST) which is carried out in the USA (cost from 540 € + VAT)

The cost of these analyses will be borne by the customer in advance at the time of the request, based on an invoice from the authorized person (chemist/laboratory), and, subsequently, if the non-conformity of the investigated product is officially established, the customer will be reimbursed the amount paid for testing by the seller.

At the same time, the consumer must be aware that the investigation procedure can take up to 4 months (with the possibility of extension, depending on the complexity of the investigation) and that there is a possibility of opening the product container for the investigation. If the manufacturer or, where applicable, the authorized distributor concludes that the product has a non-conforming content, then the return is accepted, and, in these conditions, the product will be replaced or your money will be refunded, depending on the chosen option.

If the content of the product is declared to be conforming, my Geisha reserves the right to refuse the replacement of the product or the refund of the money and the product is returned to the customer in the condition it was received after the investigation from the manufacturer or, where applicable, the authorized distributor. In this case, all additional expenses generated with respect to the investigation procedure of the product's content will be borne by the client.

6.Expenses Related to the Return Procedure

In accordance with Article 14 (2) of Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals, the direct costs related to the return of products will be borne by the buyer. As an exception, in cases of non-conformity or discrepancy between the delivered products and the placed order, the return expenses will be borne by my Geisha.

7.Provisions Regarding the Processing of Personal Data

In order to comply with the provisions of Regulation No. 679/2016 (on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC - GDPR), GEISHA PERFUMES SRL acts as a data controller, and for the fulfillment of legal formalities related to the return of the product, we inform you that the operator will process personal data under the conditions provided by Art. 6 (1) lit. b) of the GDPR, namely the following data: name and surname, home or residence address, email address, telephone number, bank account.

We will use personal data for the purpose of preparing financial and accounting documents, in accordance with the current legal provisions, including compliance with the provisions of Art. 13 (5) - (9) of Emergency Ordinance No. 34/2014, as amended on 28.05.2022 by Point 19, Article III of Emergency Ordinance No. 58/2022.

We inform you that, if you do not wish to provide us with these data, the product return procedure is not possible, as we cannot comply with the mandatory requirements of current legislation (for example, but not limited to, fiscal legislation).

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WITHDRAWAL FORM TEMPLATE/ RETURN FORM TEMPLATE (according to Annex B to Emergency Ordinance No. 34/2014, in the form in force starting from 28-05-2022, as amended by Point 32, Article III of EMERGENCY ORDINANCE No. 58 of 28 April 2022, published in the OFFICIAL GAZETTE No. 456 of 6 May 2022).

To,
GEISHA PERFUMES SRL, with its registered office in Bragadiru, Mărăcineni Street 78A, Floor 1, Room 2, Ilfov County, Romania, registered at the National Trade Register Office under no. J40/1213/2017, VAT ID RO37007091.

I hereby inform you of my/our withdrawal from the contract regarding the sale of the following goods:

………………………………………………………………………………………………………………………......................................

Ordered on …………………................................ and received on …………………………………...........................

Name and surname of consumer/s: ……………………………………………………………………………………...................
Address of consumer/s: …………………………………………………………………………………….…………..........................
.....................................................................................................................................................................

Signature: …………………...........................(only if this form is notified on paper)

Date: …………………………………………………………………………………………………