Terms and conditions

  1. DEFINITIONS AND TERMS

my Geisha – is the trade name of S.C. GEISHA PERFUMES S.r.l., a legal entity of Romanian nationality, having its registered office in Bragadiru, 78a Maracineni street, 1st floor, room 2, Ilfov County, Trade Register Number J23/413/2019, Tax Reference Number and VAT Code RO40529923.

Seller – my Geisha or any partner in my Geisha Marketplace.

Buyer – may be any natural person over the age of 16 or a legal person or any legal entity that creates an Account on the Website and places an Order.

Customer – may be any natural person over the age of 16 or legal person who has or obtains access to the CONTENT, by any means of communication made available by my Geisha (electronic, telephone, etc.) or based on an existing user agreement between my Geisha and him/her/it and which requires the creation and use of an Account.

User - any natural person over the age of 16 or a legal person registered on the site, who, by creating the Account, has given his/her/its consent regarding the site-specific clauses in the General Terms and Conditions section.

Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order and which contains information about the Customer/Buyer and the Buyer's history on the Site (Orders, tax invoices, etc.). The User is responsible for and shall ensure that all information entered when creating the Account is correct, complete and up-to-date.

Favorites – section of the Account that allows the Buyer/User to create Lists of Goods and Services that he/she/it wishes to track for a possible purchase using the service offered by the Seller to track the Goods and Services by receiving Commercial Communications from it.

My Cart – section of the Account that allows the Buyer/User to add Goods or Services that he/she/it wishes to purchase at the time of adding or at a later time; if the Goods or Services are not purchased at the time of adding by placing the Order, the Buyer/User shall benefit from the service provided by the Seller to track the Goods and Services by receiving Commercial Communications from it.

Site – the online store hosted at the web address mygeisha.com and its subdomains.

Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Website, its/her/his intention to purchase Goods and Services on the Website.

Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the Contract concluded.

Campaign – the action of exhibiting for commercial purposes, a finite number of Goods and/or Services having a limited and predefined stock, for a limited period of time established by the Seller.

Contract – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

Content – represents:

  • all the information on the Site that can be visited, viewed or otherwise accessed by using an electronic equipment;
  • the content of any email sent to the Buyers by the Seller by electronic means and/or any other means of communication available;
  • any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
  • information related to the Goods and/or Services and/or the tariffs charged by the Seller in a certain period;
  • information related to the Goods and/or Services and/or the tariffs charged by a third party with which the Seller has partnership contracts in a certain period;
  • data related to the Seller, or other privileged data thereof.

Product Reviews/Review – a written assessment by the owner or beneficiary of a Good or Service, drawn up on the basis of personal experience and its ability to make qualitative comments and to say whether or not the Good or Service complies with the specifications mentioned by the manufacturer.

Rating - way of expressing the degree of satisfaction of a User / Customer / Buyer with a product. The rating is expressed in the form of stars, each good can receive a score from one star to five stars. This degree of satisfaction will always be associated with the review written by the User/Customer/Buyer on a Good or Service.

Document – these Terms and Conditions.

Commercial Communications – any type of message sent (such as: e-mail/SMS/phone/mobile push/webpush/etc.) containing general and thematic information, information on products similar or complementary to those you have purchased, information on my Geisha offers or promotions, information on Goods and Services added to the "Account/My Cart" section or the "Account/Favorites" section as well as other commercial communications such as market research and opinion polls.

Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by my Geisha to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the delivery method.

Specifications – all specifications and/or descriptions of the Goods and Services as specified in their description.

"Cut Price" means the reference price, i.e. the lowest price charged by the Seller at least during the last 30 days before the date of application of the price reduction on the Good. Under the law, the Cut Price may also be maintained under the conditions of a successive, gradual reduction. The Cut Price is valid within the limit of the available stock of the Good/Service.

"Sale Price" represents the equivalent value of the Good, claimed and requested by the Seller, to the Buyer/Customer/User, highlighted accordingly on the product page on the Site. The Seller may display distinctly, in a visible way, the value of the difference between the Sale Price and the PRP and/or the value or percentage difference between the Sale Price and the Cut Price. The Sale Price is valid within the limit of the available stock of the Good/Service.

  1. CONTRACTUAL DOCUMENTS

2.1. By submitting an Order on the Website, the Buyer agrees with the form of communication (by phone or e-mail) by which the Seller carries out its commercial operations.

2.2. The notification received by the Buyer, after the Order is made, has an informative role and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by phone.

2.3. For justified reasons, the Seller reserves the right to change the quantity of the Goods and/or Services in the Order. If it changes the quantity of Goods and/or Services in the Order, it will notify the Buyer at the e-mail address or telephone number made available to the Seller when making the Order and, if applicable, it will return the amount paid by the Buyer, representing the value of the goods that cannot be delivered.

2.4. The Agreement shall be deemed concluded between the Seller and the Buyer at the time of receipt by the Buyer from the Seller, by means of electronic mail and/or SMS of the notification for the dispatch of the Order.

2.5. The document and information provided by the Seller on the Website shall form the basis of the Agreement, in addition to it being the warranty certificate issued by the Seller or its supplier for the Goods purchased.

  1. ONLINE SALES POLICY

3.1. The access in order to perform an Order is allowed to any User/Buyer. For
justified reasons, myGeisha reserves the right to restrict the access of the User/Buyer in order to perform an Order and/or to some of the accepted payment methods, if it considers that based on the conduct or activity of the User/Buyer on the Site, its actions could prejudice myGeisha in any way. In any of these cases, the User/Buyer may contact my Geisha's Customer Service Department to be informed of the reasons that led to the measures.

3.2. Communication with the Seller can be achieved through direct interaction with it or through the addresses mentioned in the "contact" section of the Site. The Seller is free to manage the information received without having to provide justifications for it.

3.3 In the event of an unusually high volume of traffic from an Internet network, my Geisha reserves the right to request Users/Buyers to manually enter captcha validation codes, to protect the information on the Site.

3.4. my Geisha may publish on the Site information about the Goods and/or Services and/or promotions practiced by it or by any other third party with whom my Geisha has concluded partnership contracts, within a certain period or within the limit of the available stock.

3.5. All tariffs related to the Goods and/or Services presented on the Site are expressed in Euro (EUR) and include VAT.

3.6. In the case of online payments, the Seller is not/cannot be held responsible for any other additional cost incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of its card, if the currency of its issuance differs from EUR. Only the Buyer is responsible for this action.

3.7 All the information used to describe the Goods and/or Services available on the Website (static / dynamic images/multimedia presentations/ etc.) is not a contractual obligation on the part of the Seller, which are used exclusively for presentation purposes.

3.8. After 14 (fourteen) days from the purchase of a Good or Service, the Buyer shall be required to submit a Review related to the Good or Service purchased. The request shall be sent to the email address registered by the Buyer in the Account. In this way, the Buyer contributes to informing other possible Users/ Customers/ Buyers on the Site and is actively involved in the development of new Services and in detailing as fully as possible the characteristics of the Goods.

  1. ASSIGNING AND SUBCONTRACTING

4.1. The Seller may assign and/or subcontract a third party for services related to the fulfillment of the order, informing the Buyer, without the consent thereof. The Seller will always be liable to the Buyer for all contractual obligations.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of my Geisha, and all rights obtained in this regard directly or indirectly (through licenses for use and/or publication) are reserved.

5.2. The Customer/Buyer/User is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than the original one intended by my Geisha, include any Content outside the Site, remove the signs that signify my Geisha's copyright over the Content as well as participate in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of my Geisha.

5.3. Any content to which the Customer/ Buyer/ User has and/ or obtains access by any means, is subject to the document, if the content is not accompanied by a specific and valid use agreement concluded between my Geisha and it/he/she, and without any implicit or express guarantee formulated by my Geisha with reference to that content.

5.4. The Customer/ Buyer/ User may copy, transfer and/or use content only for personal or non-commercial purposes, only if those do not conflict with the provisions of this document.

5.5. If my Geisha grants the Customer/ Buyer/ User the right to use in the form described in a separate user agreement, a certain content, to which the Customer/ Buyer/ User has or obtains access following this agreement, this right applies only to that content or those contents defined in the agreement, only during its existence or their existence on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment from my Geisha for the respective Customer/ Buyer/ User or any other third party who has / obtains access to this transferred content, by any means and which could be or is harmed in any way as a result of this content, during or after the termination of the user agreement.

5.6. No Content transmitted to the Customer, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by accessing, visiting and/or viewing it does not constitute a contractual obligation on the part of my Geisha and/or my Geisha's employee/agent who mediated the transfer of Content, if any, to that content.

5.7. Any use of the content for purposes other than those expressly permitted by this document or the accompanying user agreement, if any, is prohibited.

  1. ORDER

6.1. The Customer/ Buyer may place Orders on the Website, by adding the desired Goods and/or Services to the shopping cart, and shall complete the Order by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a Good and/or a Service is available for purchase to the extent that there is stock available for it. Adding a Good/Service to the shopping cart, in the absence of completing the Order, does not entail the registration of an order, implicitly neither the automatic reservation of the Good/Service.

6.2. By filling in the order, the Buyer agrees that all the data it provides, necessary for the Purchase process, are correct, complete and true at the date of placing the order.

6.3. By completing the Order, the Buyer agrees that the Seller may contact it, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.

6.4. The Seller may cancel the Order made by the Buyer, following a prior notification to the Buyer, without any subsequent obligation of either Party to the other or without any Party being able to claim damages from the other in the following cases:

  • 6.4.1. the non-acceptance by the issuing bank of the Buyer's card of the transaction, in the case of online payment;
  • 6.4.2. invalidation of the transaction by the card processor agreed by my Geisha, in the case of online payment;
  • 6.4.3. the data provided by the Customer/ Buyer on the website is incomplete and / or incorrect;

6.5. The Buyer has the right to withdraw from the Contract, respectively to return a Good or to give up a Service, within 14 calendar days, without invoking any reason and without incurring costs other than delivery costs. Thus, according to GEO no. 34/2014, the period of return of a Good or waiver of a Service expires within 14 days from the date of delivery of the Product to the Buyer or to a third party, other than the carrier, indicated by the Buyer, if the Product was purchased from mygeisha.com. Returns of products sent after the expiry of this deadline are not accepted.

6.6. If the Buyer decides to withdraw from the Contract, it may return the product by filling in the Return Form displayed on the mygeisha.com website in the My Account -> My Returns section.

6.7. If the Customer/Buyer requests the withdrawal from the Agreement within the legal term of withdrawal from the Agreement, it/she/he must also return any gifts that accompanied the product in question. The process of returning the money is 14 days from the receipt and validation of the conformity of the product/products at the warehouse. The amount will be returned as follows: 6.7.1.for Orders
paid by bank card -> by returning to the account from which the payment was made or by generating a voucher with the value of the returned product; 6.7.2. for Orders paid by PO/iTransfer/ -> by bank transfer or by generating a voucher with the value of the returned product; 6.7.3. for Orders paid by cash
on delivery -> by returning the value of the product to the bank account sent by the customer or by generating a voucher with the value of the returned product.

6.8. The Seller may postpone the reimbursement of the amount until receipt of the Goods sold or until receipt of proof that they have been dispatched, if it has not offered to recover the Goods itself (the most recent date shall be taken).

6.9. Products not accepted for return:

  • 6.9.1. Products that have been unsealed after delivery/purchase, that can not be resold, that can not be returned for reasons of hygiene or health protection (for example: care products, makeup, perfumes, etc.).
  • 6.9.2. Products showing physical changes, bumps, scratches, mechanical shocks, etc.
  • 6.9.3. Products made according to the consumer's specifications or obviously personalized.
    Failure to meet the above conditions makes my Geisha unable to comply with the withdrawal/return request.

6.10. If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter shall inform the Customer/Buyer of this fact and shall return to the Buyer's account the equivalent value of the Good and/or Service, within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed its intention to terminate the Contract.

  1. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED

7.1. The following are exempted from the right of withdrawal from the Contract:

  • 7.1.1. the supply of Goods made to the specifications presented by the Buyer or clearly personalized;
  • 7.1.2. the supply of Goods that are likely to deteriorate or expire quickly;
  • 7.1.3. the supply of sealed Goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Buyer;
  1. CONFIDENTIALITY

8.1. myGeisha will keep the confidentiality of the information of any kind that you provide. Disclosure of the information provided may be made only under the conditions mentioned in this Document.

8.2. No public statement, promotion, press release or any other way of disclosure to third parties shall be made by the Buyer/Customer regarding the Order/Contract without the prior written consent of the Seller.

8.3. By submitting information or materials through this site, you give the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use, for its own benefit, such information, ideas, concepts, know-how or techniques that you have sent to us through the Site. myGeisha shall not be subject to obligations regarding the confidentiality of the information sent, unless otherwise specified by the legislation in force.

  1. COMMERCIAL COMMUNICATIONS

9.1. The Buyer / User / Customer may change at any time the option regarding the agreement given to the Seller for commercial communications containing general and thematic information including information regarding offers or promotions, as follows:

  • 9.1.1. by changing the settings in the Account in the "Profile" section;
  • 9.1.2. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
  • 9.1.3. by contacting the Seller.

9.2. By adding Goods or Services in the section of the Account:

"My Cart", the Seller shall send to the Buyer/User Commercial Communications regarding:

  • the change in the price of the Goods or Services added in the "My Cart" section,
  • recommendations of Goods or Services similar to those added in the "My Cart" section,
  • the existence of Goods or Services in the "My Cart" section,
    and- stock availability of Goods or Services added in the "My Cart" section.

"Favorites", the Seller shall send to the Buyer/User Commercial Communications regarding:

  • the change in the price of the Goods or Services added in the "Favorites" section,
  • recommendations of Goods or Services similar to those added in the "Favorites" section, and stock availability or Services Goods added in the "Favorites" section.

9.3. Following the purchase of a Good or Service, the Seller shall send to the Buyer/User Commercial Communications regarding:

  • suggestions of Goods or Services recommended to be used together with the purchased Good or Service.

9.4. The Customer/User may unsubscribe, at any time, from the Commercial Communications referred to in point 9.3. above by accessing the unsubscribe link displayed in the commercial messages received from my Geisha or by contacting my Geisha in this regard.

9.5. Also, in order to improve the offer of Goods and Services and the purchase experience, we will use your data for market research and opinion polls. The information obtained from these market research and opinion polls will not be used for advertising purposes but only for those mentioned above. Your responses to market research and opinion polls will not be associated with your identity, nor transmitted to third parties, nor will they be published. You can object to the use of data for market research and opinion polls at any time by accessing the unsubscribe link displayed in the message or by contacting my Geisha.

10.INVOICING – PAYMENT

10.1. The prices of the Goods and Services displayed on the mygeisha.com website include VAT according to the legislation in force.

10.2. The price, payment method and payment term are specified in each Order. The Seller shall issue to the Buyer an invoice for the Goods and Services delivered, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.

10.3. The Seller shall send the Buyer the invoice related to the Order containing the Goods and/or Services sold by my Geisha, as well as for any other payments related to the Order in electronic format, by adding the invoice to the Buyer's Account, by electronic mail, to the e-mail address mentioned by the Buyer in his Account, or in physical format in the package.

10.4. For a correct communication of the invoice related to the Order, the Buyer has the obligations to update whenever necessary the data in its Account and to access the information and documents related to each Order, existing in the Account.

10.5. Through this method of communication, the Buyer, accessing his/her/its Account, will keep a record of the invoices issued by my Geisha, being able to save and archive them at any time and in any way he/she/it wishes.

10.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by adding them by my Geisha to the Account, by electronic mail, at the e-mail address mentioned in his/her/its Account or in physical format in the package.

10.7. If this information is unavailable for more than 48 (forty-eight) hours in the Account, please notify us at the email address: office@mygeisha.ro.

10.8 The my Geisha website uses the Payments Gateway Service of VTEX for card payments. It is certified to process sensitive card information, and this information can only be transferred to a secure environment where the services and partners have an AOC signed by a QSA company. Security measures required to meet PCI DSS requirements include, but are not limited to, using a firewall, encrypting cardholder data transmission, using up-to-date antivirus, restricting access to authenticated cardholder data, and monitoring all access to network resources. More information about PCI DSS requirements can be found in the PCI DSS Quick Reference Guide. https://listings.pcisecuritystandards.org/documents/PCI_DSS-QRG-v3_2_1.pdfPCI DSS is an international standard for how companies should process card information. Among the many rules of this standard is an important one stating that card information must be transferred to a secure infrastructure that has been audited by a QSA (Qualified Security Assessors) company that is qualified by the PCI Security Standards Board. https://listings.pcisecuritystandards.org/assessors_and_solutions/qualified_security_assessors

10.9. For reasons of Transaction security, the User/ Buyer is advised not to remain logged on the Site and not to set the automatic login option on mobile devices. Disclosure of the access password in the account is not allowed and it is recommended to use a password with a strong security character (e.g.: to contain at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).

  1. DELIVERY OF GOODS

11.1. The delivery conditions of the Goods and Services sold by my Geisha can be found in the Orders Delivery section -> https://mygeisha.com/faq?q=delivery-time-and-cost

11.2. The seller will ensure the proper packaging of the goods and will ensure the transmission of the accompanying documents.

  1. TRANSFER OF OWNERSHIP OF THE GOODS

12.1. Ownership of the Goods shall be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning by delivery – signing the receipt of the transport document provided by the courier or signing the receipt on the tax invoice in the case of deliveries made by the Seller's staff).

  1. LIABILITY

13.1. The Seller cannot be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for their loss.

13.2. By creating and using the Account, the User/ Buyer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing the access to the Account, and, to the extent permitted by the legislation in force, is responsible for the activity carried out through his Account.

13.3. By creating the Account and/or using the Content and/or placing the Orders, the Customer / User/ Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated on the Site, existing at the date of creating the Account and/or using the content and/or at the date of placing the Order.

13.4. The Seller reserves the right to periodically update and change the Terms and Conditions of the Site to reflect any changes in the manner and conditions of operation of the Site or any changes in the legal requirements. The document is opposable to Clients / Users/ Buyers from the moment of display on the Site. In the event of any such change, we will display on the Site the modified version of the Document, which is why we ask you to periodically check the content of this Document.

  1. WRITING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS

14.1. Writing Reviews can be done by Users/Customers/Buyers in the "Product Reviews" section. The information submitted can be both positive and negative, and will refer to the characteristics and use of a product or service.

14.2. When registering a particular Review on the Site, the Users/Customers/Buyers grant the Seller a non-exclusive, perpetual, irrevocable, unlimited, territorial license and entitle the Seller to use, reproduce, modify, adapt, publish, translate, distribute and display this content.

14.3. Each User/Customer/Buyer, when submitting the Review in the mentioned section, undertakes to comply with the following rules:

  • 14.3.1 To refer only to the characteristics and/or the way of using a particular product or service, avoiding information on aspects that may change (price or promotional offers) or information related to the way the Order is carried out;
  • 14.3.2 To use only the Romanian language. Words or phrases that, although not considered Romanian, are widely used in all environments related to the respective field (e.g.: mouse, notebook, plug and play);
  • 14.3.3 To use appropriate, non-harmful language, without terms that may offend or affect any other User/Customer/Buyer;
  • 14.3.4 To ensure that the information entered by them is realistic, correct, not misleading and in accordance with the applicable laws, thus respecting the rights of other parties, copyright, trademark, of license or other property, publicity or privacy rights;
  • 14.3.5 To use this facility only to communicate additional details regarding a particular product or service on the Site without reference to other companies promoting the sale and purchase of products or services;
  • 14.3.6 Not to provide or request, in any way or to any extent, personal data (contact details, information about the delivery or home address, telephone numbers, email addresses, surname and/or first name, etc.) or any other information that may determine disclosure of such personal data;
  • 14.3.7 Not to submit information and/or details about URLs (links) from other commercial sites that carry out the same commercial activity as the Seller;
  • 14.3.8 Not to attempt to defraud the services provided by the Seller or to submit Reviews containing advertising materials;
  • 14.3.9 Not to use the Review as a means of communication with the Seller, in this regard the contact details of the Seller registered on the Site shall be used.

14.4. In addition to a critical realistic assessment, when submitting a Review, the User/Customer/Buyer shall also add a Rating relevant to the related product or service. Reviews, together with their corresponding ratings, will influence the overall rating of the product or service, a number that appears in parentheses next to their title. Thus, a Review with a high Rating leads to an increase in the Overall Rating, and a Review with a low Rating leads to a decrease in the Overall Rating.

14.5. If the Seller finds the violation of the Terms and Conditions repeatedly, it reserves the right to suspend the possibility of the User/Customer/Buyer to submit Reviews.

14.6. Any referrals or complaints related to the Good and/or the Service purchased by the Purchasers shall not be subject to any Review, the latter being obliged to comply with the provisions of Chapter 19 below in order to quickly and amicably settle any such referrals/complaints.

14.7. Reviews shall be displayed as:

  • Name accompanied by "Verified Buyer" – The review is published by a Buyer who has purchased the Good/Service from the myGeisha platform
  • Name only – The review is published by a User who has not purchased the Good/Service through the myGeisha platform or myGeisha has no information about this purchase
  1. PERSONAL DATA PROCESSING

15.1. The Privacy Policy regarding the processing of personal data, which is part of this Document, can be found on the page https://www.mygeisha.com/privacy-policy

16.USE OF COOKIES

16.1. The Cookies Policy, which is part of this Document, can be found on the page https://mygeisha.com/cookie-policy

  1. FORCE MAJEURE

17.1. Neither Party shall be liable for the non-performance of its contractual obligations, if such non-performance on time and/or properly, in whole or in part, is due to a force majeure event. Force majeure is the unpredictable event, outside the control of the parties and which cannot be avoided.

17.2. If, within 15 (fifteen) days from its occurrence, such an event does not cease, each party will be entitled to notify the other party on the termination of the contract as of right, without either of them being allowed to claim payment for damages from the other.

  1. APPLICABLE LAW - JURISDICTION. NOTICES AND COMPLAINTS. ALTERNATIVE DISPUTE RESOLUTION (ADR/ODR)

18.1 This document is subject to the Romanian law. In the event of any disputes arising between the Seller and the Users / Buyers, they shall first try to be settled amicably. This chapter and the procedure below are proof of the Seller's willingness to settle quickly, efficiently, amicably, alternatively, extra-judicially, the notices/complaints/disputes to which it is a party, using all the legal mechanisms and measures applicable in Romania.

18.2. Thus, for notices or complaints related to the purchased Good and/or Service, the Buyers have the possibility to submit such complaint at any time through the contact form available on the Site: https://www.mygeisha.com/contact. The maximum term for solving complaints or notices by the Seller is 30 calendar days from the date of their receipt.
If the Buyers:

  • do not receive a response at the expiry of the 30 days from the Seller; or
  • receive a response beyond this deadline from the Seller; or
  • are dissatisfied with the way in which the notice/complaint was handled by the Seller; they may resort to the alternative settlement procedures (ADR/ODR) presented below and subsequently to the competent courts according to art. 18.7 herein.

18.3. ADR is an alternative mechanism to the judicial system, which provides consumers with the possibility of resolving potential disputes when faced with a problem related to the purchase of the Good and/or a Service. Thus, notices or complaints against traders will be submitted voluntarily by consumers, to be resolved in an independent, impartial, transparent, fast and fair manner. Accessing this alternative way of solving can be done both online according to section 18.5 below, as well as by classical methods, on paper or on another durable medium according to art. 18.4. below.

18.4. In order to alternative dispute resolution, the Buyer's notice or complaint may be submitted in writing directly to the Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection at the following contact details: address: Bucharest, 72 Aviatorilor Boulevard, 1st district, postal code 011865, phone: 021.307.67.69; fax: 021.314.34.62, e-mail:dsal@anpc.ro.

The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection is competent to alternatively resolve national and cross-border disputes arising from sales contracts or service contracts concluded with a trader operating in Romania and included in the list of ADR entities at European level, available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2". For even more details, the Buyers can access the link displayed on the site in the section ANPC – SAL.

18.5. Considering the provisions of Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, the User/Buyer has the possibility to opt for the out-of-court settlement of any disputes, also by using the European online dispute resolution platform (ODR platform), a digital tool created by the European Commission to facilitate the independent, impartial, transparent, effective, fast and fair out-of-court settlement of disputes regarding contractual obligations arising from online sales or service contracts between a consumer residing in the European Union and a trader established in the European Union. In this regard, can be accessed the link existing in the section: Online dispute resolution .

18.6. ADR and ODR are not two different mechanisms for resolving any notices/complaints. The Buyer understands that alternative dispute resolution and online dispute resolution subsist as a single mechanism, representing one and the same instrument, with an identity of purpose, object and purpose between them. The Buyer understands that the distinction between ADR and ODR respectively is represented by the way of accessing /the initial format of the respective notification/complaint, so that in the case of ADR the form of addressing the consumer is a classic one, in writing (by email, by post) that in the case of ODR, the consumer opts for the use of completing an existing form on a digital platform, exclusively online.

18.7. If the amicable or alternative settlement of the notices/complaints/disputes is not possible, or a mutual consensus is not reached, they shall be settled by the competent Romanian courts in Bucharest.