Terms and conditions
TERMS AND CONDITIONS
1. DEFINITIONS AND TERMS ESY HAIR – is a brand name of the company Sc International Beauty Expert Srl, a legal entity of Romanian nationality, with its registered office in Voiniceni, Str. Voinicenilor no. 293, with serial number in the Trade Register J26/1445/14/07.2017, unique fiscal registration code RO37982800
Seller – Sc International Beauty Expert Srl
Buyer – natural person / legal person or any legal entity that places an order.
Client – natural person / legal entity who has or obtains access to the CONTENT, through any means of communication made available by ESY HAIR (electronic, telephone, etc.) or based on an existing user agreement between ESY HAIR and it and which requires the creation and use of an ACCOUNT.
Website – domain www.esyhair.com
Order - an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods from the Site.
Goods – any product or service, including the documents and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the concluded Contract.
Campaign – the action of displaying for commercial purposes a finite number of Goods with 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
- all information on the Site that can be visited, viewed or otherwise accessed using electronic equipment;
- the content of any e-mail sent to Buyers by the Seller via electronic means and/or any other available means of communication;
- any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, whether or not specified by the latter;
- information related to the Goods and/or the prices charged by the Seller during a certain period;
- information related to the Goods and/or the rates charged by a third party with whom the Seller has concluded partnership contracts, during a certain period;
- data relating to the Seller, or other privileged data of the Seller.
Document – these Terms and Conditions.
Newsletter - means of periodic, exclusively electronic information, namely electronic mail (e-mail, SMS) on the Goods and/or promotions carried out by the Seller in a certain period, without any commitment from the Seller with reference to the information contained therein.
Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by ESY HAIR to the Buyer, by using the services of the card processor approved by the Seller, regardless of the delivery method.
Green stamp duty - the value expressed in lei, paid by the Seller to the company authorized to take over the collection, transport and recovery/recycling operations of waste electrical and electronic equipment, as provided for by the legislation in force.
Specifications – all specifications and/or descriptions of the Goods as stated in their description.
2. CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer after placing the Order is for information purposes only and does not constitute acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of the Goods in the Order. If it changes the quantity of the Goods in the Order, it will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will return the amount paid.
2.6. The document and information made available by the Seller on the Site will form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or a supplier thereof for the purchased Goods.
3. ONLINE SALES POLICY
3.1. Access to place an Order is allowed to any Client/Buyer.
For justified reasons, the Seller reserves the right to restrict the Customer/Buyer's access to place an Order and/or to some of the accepted payment methods, if it considers that based on the Customer/Buyer's conduct or activity on the Site, his/her actions could in any way harm ESY HAIR. In any of these cases, the Customer/Buyer may contact the Customer Relations Department of ESY HAIR, to be informed of the reasons that led to the application of the above-mentioned measures.
3.2. Communication with the Seller can be achieved through direct interaction with him or through the addresses mentioned in the "contact" section of the Site. The Seller has the freedom to manage the information received without having to provide justification for it.
3.3 In the event of an unusually high volume of traffic coming from an internet network, ESY HAIR reserves the right to ask Customers/Buyers to manually enter captcha validation codes, in order to protect the information on the Site.
3.4. ESY HAIR may publish on the Site information about Goods and/or promotions during a certain period of time and within the limit of available stock.
3.5. All prices for the Goods presented on the Site are expressed in lei (RON) and include VAT.
3.8 All information used to describe the Goods and/or available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively for presentation purposes.
4. ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and/or subcontract to a third party the Services related to the fulfillment of the Order, with the Buyer's information, without the Buyer's consent being required. The Seller shall always be liable to the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW
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 ESY HAIR, with all rights obtained in this regard directly or indirectly (through licenses for use and/or publication) being reserved.
5.2. The Client/Buyer is not permitted 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 ESY HAIR, include any Content outside the Site, remove the insignia signifying ESY HAIR's copyright over the Content, as well as participate in the transfer, sale, distribution of materials created by reproducing, modifying or displaying the Content, except with the express written consent of ESY HAIR.
5.3. Any Content to which the Client/Buyer has and/or obtains access by any means is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between the Seller and the latter, and without any implicit or express warranty made by ESY HAIR with reference to that Content.
5.4. The Client/Buyer may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if these do not conflict with the provisions of the Document.
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.
6. ORDER
6.1. The Customer/Buyer can place Orders on the Site by adding the desired Goods to the shopping cart, and then finalizing the Order by making the payment through one of the methods 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 the Order being finalized, does not entail the registration of an order, nor the automatic reservation of the Good/Service.
6.2. By completing the Order, the Buyer agrees that all data provided by him, 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 him, by any means available / agreed by the Seller, in any situation in which it is necessary to contact the Buyer.
6.4. The Seller may cancel the Order placed by the Buyer, following prior notification to the Buyer, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other in the following cases:
6.4.1. 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 approved by ESY HAIR, in the case of online payment;
6.4.3. the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;
6.5. The Buyer has the right to withdraw from the Contract, respectively to return a Good or to renounce a Service, within 14 calendar days, without invoking any reason and without incurring any costs other than delivery costs.
Thus, according to GEO no. 34/2014, the period for returning a Good or waiving a Service expires within 14 days from: the day on which the Buyer takes physical possession of the last Good – if the Buyer orders multiple products in a single order that will be delivered separately
6.6. If the Buyer decides to withdraw from the Contract, he/she will contact ESY HAIR
6.7. If the Customer/Buyer requests withdrawal from the Contract within the legal withdrawal period, he/she must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of his/her decision to withdraw from the Contract. The amount will be returned as follows:
6.7.1. for Orders paid by card online -> by refund to the account from which the payment was made;
6.7.2. for Orders paid with Op/cash on delivery/bank card -> by bank transfer;
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 shipped, if he has not offered to recover the Goods himself (the most recent date will be taken). Products on which unauthorized interventions have been carried out, those that show signs of wear or excessive use, scratches, chips, blows, damaged packaging, mechanical/electrical shocks or products that are missing accessories are not accepted.
6.9. In the event that a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and will return the value of the Good and/or Service to the Buyer's account, within a maximum period 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 his intention to terminate the Contract.
7. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT PROVIDED
7.1. The following are exempt from the right of withdrawal from the Contract:
7.1.2. service contracts, after the complete provision of the services, if the execution began with the express prior consent of the Buyer and after the Buyer confirmed that he was aware of the fact that he will lose his right of withdrawal after the complete execution of the Contract by the Seller;
7.1.3. the provision of Goods and/or services whose price depends on fluctuations in the financial market that the Seller cannot control and which may occur during the withdrawal period;
7.1.4. supply of Goods made to the specifications presented by the Buyer or clearly personalized;
7.1.5. supply of Goods that are susceptible to deterioration or expire quickly;
7.1.6. supply of sealed Goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Buyer;
7.1.7. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other elements;
7.1.8. contracts where the Buyer has specifically requested the Seller to travel to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Seller provides other services than those expressly requested by the Buyer or supplies other Goods than the spare parts indispensable for carrying out the maintenance or repair work, the right of withdrawal applies to those additional Services or Goods;
8. CONFIDENTIALITY
8.1. ESY HAIR will maintain the confidentiality of any information you provide. The disclosure of the information provided will only be possible under the conditions mentioned in this Document.
8.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.
8.3. By submitting information or materials through this site, you grant 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, in its own interest, this information, ideas, concepts, know-how or techniques that you have sent to us through the Site. ESY HAIR will not be subject to obligations regarding the confidentiality of the information sent, unless the legislation in force provides other specifications in this regard.
Personal data protection
In accordance with European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR), we inform you that our company records personal data only for the purposes/methods provided by law or required by the use of our service, according to notification number 10834 ANSPDCP dated 25/02/2009.
By placing orders, you expressly and unequivocally consent to your contact details being processed by SC INTERNATIONAL BEAUTY EXPERT SRL.
The seller guarantees compliance with the rights conferred by European Regulation 2016/679. These rights can be exercised by means of a simple written request to be sent by email to gdpr@esyhair.com
At the email address gdpr@esyhair,com, the user may request detailed information regarding the data retrieved, stored and processed by Esyhair.com, may request, free of charge, their modification or rectification, updating, blocking or deletion of the data retrieved, stored and processed by Esyhair.com. This user right is permanent and can be exercised at any time by a request addressed to Esyhair.com at the email address gdpr@esyhair.com
In the event that the user considers himself prejudiced due to the collection, storage or processing of his personal data by Esyhair.com or is dissatisfied with the way in which Esyhair.com handled his request regarding this data, he may contact ANSPDCP or the court, according to the legal provisions in the matter.
What type of personal data do we collect?
Personal data means any information about you that allows us to identify you, such as your name, contact details, payment details and information about your access to our website.
We may collect personal data from you when you create an ESYHAIR account to evaluate our offers or purchase a product from our online store, when you use the website or other sites accessible through the website, when you participate in a survey or contest, or when you contact us.
Specifically, we may collect the following categories of information:
a. Name, home address, email address, telephone number, credit/debit card or other payment details;
b. Detailed information about buyers, including name, date of birth, gender, ;
c. Information about your use of our website;
d. Communications you make with us or direct to us through letters, emails, chat services, calls and social media.
We will only process any other data if you have given your explicit consent or this is required by the laws in force at that time or you have deliberately made this data public.
What we use your personal data for, why and for how long
Your data may be used for the following purposes:
a. To provide the products and services you request: we use the information you provide to perform the services you have requested in connection with your purchases, including requested changes related to these purchases;
b. To contact you in the event of a change in the purchase conditions. This information is not for commercial purposes and you cannot unsubscribe from it;
c. To verify the credit card or other type of card used for payment: we use your payment information for accounting, billing and audit purposes and to detect and/or prevent any fraudulent activities;
d. For administrative or legal purposes: we use your data for statistical and marketing analysis, systems testing, customer satisfaction studies, maintenance and development, or to resolve a dispute or claim. Our company does not carry out data profiling based on the data we collect from you for statistical and marketing analysis purposes. Any profiling activity will only be carried out with your prior consent and making every effort to ensure that all data on which it is based is accurate.
e. Security, health, administration, crime prevention/detection: we may share your information with government authorities or law enforcement agencies to comply with legal requirements;
f. For Customer Service communications: we use your data to manage our relationship with you as a customer and to improve our services and your experience with us;
g. To provide personalized services: we use your data to provide information that we believe is of interest to you before, during and after your purchase and to personalize the services we offer you, such as special offers;
i. Marketing: From time to time, we will contact you with information about promotional offers and ancillary products through online communications. However, you will have the option to subscribe or unsubscribe from such communications by indicating this at the Esy Hair account creation stage. You will also have the opportunity to indicate in any online communication from us that you no longer wish to receive our direct marketing materials.
We will only process your personal data where we have a legal basis for doing so. The legal basis will depend on the reasons why we collected and need to use your personal data.
In most cases, we will need to process your personal data in order to enter into our sales contract with you. Cookies and website monitoring
This website uses cookies to allow us to improve the services we offer you and to provide certain features that you may find useful. These may include cookies from our media and advertising partners that are saved on your device when you visit our website. Please visit our partners' websites to find out about their privacy and cookie policies.
Cookies are small text files that are transferred to your computer's hard drive by your web browser to allow us to recognize your browser and help us track visitors to our website, thus allowing us to better understand which products and services are most suitable for you. A cookie contains your contact details and information that allows us to identify your computer when you browse our site, to help you complete your booking. Most web browsers automatically accept cookies, but if you wish, you can change these browser settings by accepting, rejecting and deleting cookies. The "Help" section of the toolbar in most browsers will tell you how to prevent your browser from accepting new cookies, how to set your browser to notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to change these settings, you may find that certain functions and features will not work as expected. The cookies we use do not detect any information stored on your computer.
For more information about cookies and how to prevent cookies from being installed, visit the website: http://www.allaboutcookies.org.
We may also process your personal data in one or more of the following cases:
- To comply with a legal obligation (for example, tax or customs requirements or those regarding consumer protection);
- You have given us consent to use your personal data (for example, for use for commercial purposes);
- To protect your vital interests or those of another person;
It is part of our legitimate interests in operating as a business (e.g. for administrative purposes).
Only children aged 16 or over can give consent. For children under this age, consent from the child's parents or legal guardians is required.
We will not retain your data for longer than is necessary to fulfil the purpose for which it is processed. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it and whether we can achieve those purposes by other means.
We also need to consider the periods for which we may need to retain personal data to comply with our legal obligations (for example, in relation to product return claims) or to deal with complaints, enquiries and to protect our legal rights in the event of a claim.
When we no longer need your personal data, we will delete or securely destroy it. We will also consider whether and how we can minimize the amount of personal data we use over time and whether we can anonymize your personal data so that it can no longer be associated with or identify you, in which case we may use that information without further notice to you.
Security of your personal data
We follow strict security procedures in the storage and disclosure of your personal information and to protect it against accidental loss, destruction or damage. The data you provide to us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting personal information and credit card data so that it is transferred securely over the Internet.
All payment details are transmitted over an SSL connection and are stored in accordance with the Payment Card Industry Data Security Standards.
We may disclose your information to trusted third parties for the purposes set out in this Privacy Policy. We require all third parties to have appropriate technical and operational security measures in place to protect your personal data, in accordance with Romanian and EU data protection laws.
10. BILLING – PAYMENT
10.1. The prices of the Goods displayed on the website www.esyhair.com include VAT according to the legislation in force.
10.2. The price, payment method and payment term are specified in each Order. The Seller will issue an invoice to the Buyer for the delivered Goods, the Buyer's obligation being to provide all the information necessary for issuing the invoice in accordance with the legislation in force.
10.3. The Seller will send the Buyer the invoice related to the Order containing Goods sold by ESY HAIR, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer's Account or by electronic mail, to the e-mail address mentioned by the Buyer in his Account.
10.4. For correct communication of the invoice related to the Order, the Buyer is obliged to update the data in his Account whenever necessary and to access the information and documents related to each Order, existing in the Account.
10.7. If this information is unavailable for more than 48 (forty-eight) hours in the Account, please notify us of this issue at the email address: info@esyhair.com
13. TRANSFER OF OWNERSHIP OF GOODS
Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning 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).
14. LIABILITY
14.1. The Seller shall not be liable for any damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods after delivery and in particular for their loss.
14.2. By creating and using the Account, the Client / User / Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his Account.
14.3. By creating the Account and/or using the Content and/or placing Orders, the Client / User / Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing on the date of creating the Account and/or using the content and/or on the date of placing the Order.
14.4. After creating the Account, the use of the Content is equivalent to accepting the changes made to the Site Terms and Conditions and/or updated versions of the Site Terms and Conditions.
14.5. The Terms and Conditions of the Site may be modified at any time by ESY HAIR, and they are binding on Customers / Users / Buyers from the date of display on the Site. Acceptance of the Terms and Conditions of the Site is confirmed by checking the corresponding checkbox on the Site and/or by sending the Order and/or by making an online payment.
15. FORCE MAJEURE
15.1. Neither party shall be liable for failure to perform its contractual obligations if such failure to perform on time and/or properly, in whole or in part, is due to a force majeure event. Force majeure is an unforeseeable event, beyond the control of the parties and which cannot be avoided.
15.2. If, within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the Contract without either party being able to claim any other damages from the other.
16. APPLICABLE LAW – JURISDICTION
This Contract is subject to Romanian law. Any disputes arising between the Seller and the Customers/Buyers will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts.
Delivery information:
The delivery time is approximately 24/48 hours on the territory of Romania (* valid for products in stock) calculated from the date of receipt of your order. This time is indicative, and it may be modified for reasons beyond our control.
The prices displayed as well as additional expenses/taxes are calculated with value added tax (VAT) included.
The Shipping Fee by Express Courier in Romania is:
- 20 RON
Delivery is made by Courier, to the Customer's Home, usually within 48/72 hours of sending the Order (* valid for products in stock)
Products are delivered within the limits of available stock. In some cases, the ordered product may be replaced with a similar one. The replacement product will not differ in terms of its main characteristics from the ordered product. If you do not wish to keep the replacement product, you have 14 days to return it, all related expenses (both the value of the product and the delivery and return expenses) will be refunded to you within a maximum period of 14 days.
The pictures on the site are purely indicative. The colors of the products may differ in reality depending on the light in which they were taken. The website www.esyhair.com does not assume responsibility for the color difference.
The responsibility for any damage caused to the product, parcel or package sent by us lies with the courier company or carrier in accordance with the legislation in force. The products will be replaced by us if the courier's fault is proven and we will be notified in a timely manner.
Payment methods:
Refund: Payment is made directly to the courier company agent upon receipt of the package. Card or PayPal or Apple Pay.
Return:
Before sending the return package, please make sure that it meets the following CONDITIONS:
The product must be in the same condition it was delivered to you. Our team will carefully evaluate the products received from you (to see the color and quality of the extensions, it is enough to remove them from the transparent plastic and compare them with your hair).
If the returned product is not in proper condition, it will be refused for hygiene reasons.
Attention! Return costs will be borne by the customer. The refund refers strictly to the value of the ordered products, not to the costs related to the transportation of the products.
In the case of returning a product that benefited from free shipping upon delivery to the recipient, the amount related to the courier's transportation will be deducted. In the case of non-return of the gift received in the package, the amount related to it will be deducted.
The warranty is lost if the extensions have not been properly maintained, according to the instructions for use below:
WASHING EXTENSIONS / WIGS.
* Wash after 4-5 uses, in warm water. ATTENTION! Do not rub them when washing (to avoid tangling them).
* Before washing, detangle the extensions with your fingers, moisten them and apply a conditioner, without rinsing (to avoid dehydrating the hair).
* It is recommended to use a shampoo and conditioner with a high PH, as well as a hair mask.
* After washing, it is recommended to apply a Leave-In conditioner to moisturize the hair.
BRUSHING EXTENSIONS/PIGS/WIGS:
* It is recommended to use a special brush for extensions.
* Comb the hair from the roots to the tips, so that it can be properly detangled and to prevent hair breakage.
* The extensions are combed in a downward motion after detangling.
* Extensions should never be combed while they are still wet.
STYLING EXTENSIONS/PIGMENTS/WIGS:
* Before styling, it is recommended to use heat-protecting products to keep it healthy and shiny.
* It is recommended to use the lowest temperature of the hair dryer or straightener (160 degrees)
* It is recommended to use steam or dry air styling tools, as they do not affect the hair strands as much.
Please note that we cannot guarantee the color displayed on the site. The color samples are purely indicative, as they differ depending on the light in which they were taken.
Hair extensions and ponytails are made from non-remy hair.
Product Returns - Useful Information:
The buyer has the right to notify the seller in writing that he/she cancels the purchase, without penalties and without invoking a reason, within a maximum of 10 days from receiving the product, with the exception of products in the "Stock Clearance" and/or "Final Discounts" sections. In other words, products in the "Stock Clearance" and/or "Final Discounts" sections can be exchanged, DO NOT RETURN!
If you initially benefited from free shipping on orders over 499 lei and you return the products, this offer will be canceled and the 20 lei for the initial shipping will be stopped.
The returned product must be in the same condition in which it was delivered (in the original packaging with all accessories, with intact labels and accompanying documents).
ATTENTION! Used products (worn, washed, perfumed, styled, with missing label, not attached to the product!) are not exchangeable/returnable for hygiene reasons! If you have not complied with these aspects, our team will make a report and send the product/products back to the address provided in the order, with a shipping fee of 20 lei to you.
The company has the right to claim compensation for damages resulting from improper use of the products. You are not able to exchange your personal product for reasons that are not the responsibility of our company.
The costs of returning the goods will be borne by the buyer. The value of the returned goods will be paid within a maximum of 14 days, by bank transfer, a term according to ANPC.
Our company has an entire team that deals exclusively with the quality of the products, so you have the guarantee that the products ordered from www.esyhair.com are in impeccable condition. In case there is an exception, we assume responsibility and replace the product with an identical one (size and color), covering the shipping costs (round trip, return). If you request a different length, another color, or a refund, then you will have to cover the shipping fee to our Return address.