TERMS AND CONDITIONS OF THE ONLINE PLATFORM KIOKOHOME.RO

 

Version1.0

January 2019

                                                                                                 

 

Before using and placing any order for the products or services available on our website, please read carefully the conditions for using the online platform www.kiokohome.ro, as well as the terms and conditions (TERMS AND CONDITIONS”) below.

This website (hereinafter referred to as ONLINE PLATFORM” or www.kiokohome.ro”) is managed by  KIOKO HOME S.R.L. (hereinafter referred to as KIOKO HOME”), a Romanian limited liability company having its registered premises in Prahova county, Campina municipality, 6 Anton Pann street, postal code 105600, fiscal identification number (CUI) RO 40264575, registered with the Prahova Commercial Registry under number J29/2766/06.12.2018, sole identification number at European level (EUID) ROONRCJ29/2766/2018, holding the bank account identified with number RO73INGB0000999908302797, in Lei currency, opened with ING Bank Bucharest Central.

When visiting our website www.kiokohome.ro, you are an USER. USERS have free access to the ONLINE PLATFORM. The use of the ONLINE PLATFORM, as well as placing an order represents your acceptance of the content of the TERMS AND CONDITIONS. If you do not agree with the TERMS AND CONDITIONS, please do not use www.kiokohome.ro. 

Before placing an ORDER (as defined below), in case of any question or potential confusion, please address your query to the e-mail address contact@kiokohome.ro or by phone at the number 0040 731 628 008.

KIOKO HOME reserves the right to amend these TERMS and CONDITIONS. Any amendments to the TERMS and CONDITIONS will enter into force only for the new orders placed after the publication of the respective amendments on the ONLINE PLATFORM. As such, please check the TERMS and CONDITIONS section before placing each order, so that you are aware of the potential amendments that might have intervened as of your last visit on the ONLINE PLATFORM.

By accepting the TERMS and CONDITIONS,  you undertake (a) not to attack the ONLINE PLATFORM by means of an attack for blocking the service or of distributed blocking attack of the service, (b) not to use the ONLINE PLATFORM with the intention of deliberately introducing viruses or any other program or material that has the potential to be technically damaging or destructive, (c) not to attempt to access in any way the ONLINE PLATFORM, the hosting server or any other server or the data base connected to the ONLINE PLATFORM in an unauthorized manner. Failure to observe the provisions of this clause shall be reported to the competent authorities in view of application of the legal sanctions that are applicable and shall determine the immediate suspension of the right to use the ONLINE PLATFORM.

We make all necessary efforts to ensure a safe use of the ONLINE PLATFORM, but we cannot guarantee in an absolute manner that the website, the servers that host the website or the e-mails sent are virus free or any other IT components with potential damaging nature, that there are no errors, omissions, defects, delays, interruptions in the process or in transmitting data, line breaks or any other similar factors. Please make sure that you have adequate virus and damaging content protection systems installed on your computerThe links to other websites or third party materials available on the ONLINE PLATFORM are offered by KIOKO HOME exclusively for information purposes and KIOKO HOME assumes no liability for the content of such websites or materials.

 

 

1.      DEFINITIONS

In addition to the terms defined above, for the purpose of these TERMS AND CONDITIONS, the following terms will have the meaning specified below:

USER  natural or legal person that accesses the ONLINE PLATFORM for private or professional purposes, as the case may be, and that has accepted the TERMS AND CONDITIONS;

CLIENT - natural or legal person that accesses the ONLINE PLATFORM for private or professional purposes, as the case may be, and that has accepted the TERMS AND CONDITIONS and that registers an ACCOUNT;

BUYER – (a) natural person, in his/her capacity as CONSUMERas defined belowor, as the case may be, (b) legal person or any other company or legal entityas the case may bethrough the empowered person or legal representative and that acts for the purpose of conducting a commercial and/or professional activitywho accesses the ONLINE PLATFORMsets up a CLIENT account on www.kiokohome.ro and subsequently registers an ORDER (as defined below);

CONSUMER – legal person that accesses the ONLINEPLATFORMsets up a CLIENT accountregisters a PRODUCTS and/or SERVICES ORDER for other purposes that those of conducting a commercial and/or professional activity and that benefit from the rights and legal guarantees provided by the consumer protection regulations in force;

SELLER – KIOKO HOME S.R.L. through the online platform www.kiokohome.ro;

PRODUCT  any product available and sold on the ONLINE PLATFORM requested by the BUYER by means of the ORDER that shall be delivered by the SELLER in the BUYER’s benefit in accordance with the TERMS and CONDITIONS as a consequence of executing the CONTRACT;

SERVICE  any service available and sold on the ONLINE PLATFORM requested by the BUYER by means of the ORDER that shall be delivered by the SELLER in the BUYER’s benefit in accordance with the TERMS and CONDITIONS as a consequence of executing the CONTRACT;

ORDER  the request transmitted by the BUYER on the ONLINE PLATFORM after going through the required necessary technical steps for the purpose of acquiring PRODUCTS and/or SERVICES sold the website www.kiokohome.ro in the conditions provided in these TERMS and CONDITIONS;

ACCOUNT – the section in the ONLINE PLATFORM formed from an e-mail address and a unique password that allows the BUYER to send the ORDER and that contains information on the BUYER and the history of the BUYER on the ONLINE PLATFORM;

CONTRACT – the contract entered into remotely between the BUYER, pursuant to the TERMS AND CONDITIONS expressly agreed by the BUYER and the SELLER, after the express written confirmation of the ORDER sent by the SELLER to the BUYER;

SPECIFICATIONS  all the specifications and/or description of the PRODUCTS and SERVICES, as provided on the ONLINE PLATFORM and in the ORDER;

SELLING CAMPAIGN – action organized by the SELLER on the ONLINE PLATFORM that consists in announcing and exposing for commercial purpose a definite number of PRODUCTS and/or SERVICES, for a limited period of time, established by the SELLER and in accordance with the rules for selling at a low price regulated under Ordinance no. 99/2000 regarding the selling of products and services on the market as well as the subsequent legislation.

 

 

1.      KIOKOHOME.RO SALES POLICY

The PRODUCTS and SERVICES available on the ONLINE PLATFORM are sold in an en-detail system and not in an en-gros system. 

KIOKO HOME delivers the PRODUCTS and/orrenders the SERVICES available on the online PLATFORM in RomaniaThe products available on the ONLINE PLATFORM can also be delivered in other countries of the European Union, outside Romania, following ordered validly registered by the CLIENT on the ONLINE PLATFORM. 

 GENERAL INFORMATION

 The experience of acquiring products through the internet differs from the regular one that you have in a store. 

The images available on the ONLINE PLATFORM have an illustrative and guiding roleFor an accurate description of the PRODUCTS, it is mandatory that you read carefully the relevant description thereto, including of the fabric and of the product’s dimension. 

It is necessary that you consider the fact that certain colours of the PRODUCTS, as such colours appear in the photos published on the ONLINE PLATFORM may be different in reality, given that the intensity and tones depend on a series of technical factors among others, for example, the contrast and lighting settings of your desktop.

The size and shape of the PRODUCTS may vary in reality as compared to the manner in which the PRODUCTS are displayed in the images available on the ONLINE PLATFORM. As such, it is very important that you pay particular attention to verifying the size of each PRODUCT on the basis of the dimensions displayed on the ONLINE PLATFORM and of your actual needs. 

THE PRODUCTS shall be delivered to the extent the PRODUCTS are available, in stock, based on the information displayed on the ONLINE PLATFORM. The risk that the SELLER cannot deliver the ORDER in case the PRODUCT is not available cannot be fully excluded. KIOKO HOME also reserves the right to withdraw any PRODUCT from sale, in any moment. In such situations, KIOKO HOME will fully reimburse the amounts paid for the respective PRODUCTS that can no longer be delivered/were withdrew from sale in a 14 days term.

The information regarding the delivery of PRODUCTS and SERVICES rendering on the ONLINE PLATFORM are available for guidance purposes and, thus, may differ on a case by case basis. We will make all efforts to deliver the PRODUCTS and render the SERVICES requested by the BUYER in accordance with the delivery date and, respectively, rendering date mentioned in the written confirmation for accepting the order transmitted transmitted via e-mail or text message by the SELLER to the BUYER, as detailed in the section for LAUNCHING and ACCEPTING THE ORDER below.

In addition, KIOKO HOME takes all measures so that the information published on the ONLINE PLATFORM, especially those that contain the description of the PRODUCTS and SERVICES, as well as their related prices be complete and correct at all times. Howevererrors may occur. In such cases, KIOKO HOME will try to remediate the errors as soon as possible. In the event KIOKO HOME ascertains the fact that an error affected or influenced the ORDER or the CONTRACT, KIOKO HOME will conduct the steps for informing you as soon as possible offering you both the possibility the reconfirm the ORDER/CONTRACT as well as to annul the ORDER/CONTRACT. 

KIOKO HOME has the right to amend, suspend or terminate the sale of PRODUCTS and/or SERVICES, either partially or totally, permanently or temporarily. In case the availability of the PRODUCTS and/or SERVICES is amended, suspended or interrupted, the rights that the law recognizes in such cases for consumers will be observed. The ORDERS validly confirmed by KIOKO HOME before the amendment, suspension or interruption will be complied with accordingly. 

 LAUNCHING AND ACCEPTING ORDERS

In order to register an ORDER as USER of the ONLINE PLATFORMit is mandatory that you have 18 years old and be registered as CLIENT. For such purpose, it is necessary that you have a valid/active e-mail address and a phone number where you can be easily contacted by KIOKO HOME representatives. KIOKO HOME can refuse the request to register to the extent that it is ascertained that the information provided are visibly not compliant with real information.

KIOKO HOME will ensure the confidentiality of your data, respectively, of the authentication datathe password and all the other details related to the account set up on the ONLINE PLATFORM pursuant to the Confidentiality Policy belowHowever, it is your responsibility to make sure that the information regarding the account created on the ONLINE PLATFORM are and remain confidential in any mo ment and will not eb transmitted to third parties. By accepting the Terms and Conditions, you agree to inform KIOKO HOME as soon as reasonably possible regarding any suspicions that the security of your account is threatened. 

THE CLIENT/BUYER has one ACCOUNTSharing an account between more CLIENTS/BUYERS is prohibited.  If accesses are discovered to be shared by several CLIENTS/BUYERS, KIOKO HOME reserves the right to suspend or annul the access to the ACCOUNTS of the respective CLIENTS/BUYERS, by transmitting a notification in this senseThe ORDERS placed from the ACCOUNTS suspended or annulled shall be automatically cancelled. 

TH USER/CLIENT/BUYER informs himself and reviews the TERMS AND CONDITIONS of the ONLINE PLATFORMregisters on the ONLINE PLATFORM based on an unique user name and password, selects the PRODUCTS/SERVICESexpresses the express consent as regards the TERMS AND CONDITIONS of the online store www.kiokohome.ro and then presses the button „Add Basket”.

In „My Basket”, the CLIENT/BUYER has the possibility to go through the list of PRODUCTS/SERVICESto amend the quantities and confirm the intention to buy by pressing the “Finalize order”. 

By launching on ORDER on the ONLINE PLATFORM, the BUYER agrees to the form of communication, respectively, e-mail, text message or phone that the SELLER uses to operate www.kiokohome.ro. For the avoidance of any doubt, the CLIENT/BUYER shall not register ORDERS or request amendment of an ORDER exclusively by phone, but only after the CLIENT/BUYER sends and the SELLER receives the written confirmation regarding the launching or the amendment of an ORDER. 

THE SELLER shall inform the BUYERthrough distinct messagesregarding the registration (taking over) of the ORDER, respectivelywith the confirmation of the ORDER.

The registration of an ORDER by a SELLER after launching of the such ORDER by the BUYER or telephone discussions or any other communications means regarding the ORDER does not constitute a validation or an express confirmation of the ORDER and, consequently, does NOT mean the execution of the CONTRACT.

An ORDER is valid/validated only after the written confirmation via e-mail or SMS by the SELLER to the BUYER of the stock availability, price as well as the features of the PRODUCTS, respectively, SERVICES requested by the BUYER, occasion in which the SELLER sends the invoice. 

Before the validation of an ORDERas well as before the expedition of the PRODUCTS, KIOKO HOME has the right to contact the CLIENT/BUYER through any means available/agreed by KIOKO HOME for obtaining personally the confirmation of the identification and delivery data. THE CLIENT/BUYER accepts the fact that KIOO HOME cannot be forced to validate an ORDER/deliver PRODUCTS/SERVICES to persons that did not confirm the delivery and identification data. 

If the SELLER will explicitly confirm in writing, by e-mail or SMS, an ORDER of the BUYER from the perspective of the availability of the stock, price and features of the PRODUCT and/or SERVICESthis confirmation will imply a full acceptance of the ORDERThe acceptance of the ORDER by the SELLER is considered finalized when there is a written confirmation transmitted by e-mail or SMS from the SELLER to the BUYER.

KIOKO HOME can refuse an ORDER by sending a prior information e-mail to the CLIENT/BUYER’s ACCOUNT, without an obligation between in the following cases:

•           failure / invalidation of the BUYER’s online payment;

 

•           failure of the card’s issuing bank to accept the BUYER’s card the transaction;

 

•           providing incomplete or incorrect data by the CLIENT/BUYER;

 

•           the CLIENT’s/BUYER’s activity can produce damages to the ONLINE PLATFORM and/or KIOKO HOME;

 

•         THE CLIENT/BUYER uses the ONLINE PLATFORM in a manner which is not in line with the usual good-faith customary practices or exercises his/her rights for the purpose of damaging KIOKO HOME or in an excessive and unreasonable manner, contrary to good faith and normal behaviour principles;

 

•         prior to the ORDER, two or several deliveries failed as result of the BUYER’s negligence;

 

•          other objective and justified reasons such asfor exampleplacing and then refusing with no reason more than 2 (two) ORDERS in a 30 calendar days period. 

 

The documents and information provided by the SELLER on the ONLINE PLATFORM are the basis of the CONTRACT, and, in completion thereto, as the case may be, are the guarantee /compliance documents provided by the SELLER.

 CONTRACT

The scope of the CONTRACT is the is the sale of the PRODUCTS, respectivelythe rendering of SERVICES, in accordance with the stock availabilityprice and features mentioned in the written confirmation transmitted by the SELLER via e-mail or text message for validating the ORDER registered by the BUYER on the ONLINE PLATFORM in exchange for the payment of the PRODUCT’S PRICE, respectively, SERVICES comprised in the prior validated ORDER.

The CONTRACT is entered into for a determined period. The CONTRACT will cease when the SELLER and the BUYER will have executed the mutual obligations that these TERMS AND CONDITIONS provide.

KIOKO HOME raises your attention on the fact that the cases where, due to technical dysfunctionalities of the ONLINE PLATFORM or errorsthe price displayed may not be accurate. In such cases, the SELLER shall inform the BUYER on the correct price as soon as possibleproviding the price in the written confirmation of the ORDER.

INVOICINGPAYMENT METHODS.

The invoicing of the PRODUCTS/SERVICES shall be made exclusively in Lei (RON) by using the information provided by the CLIENT/BUYER in the ACCOUNT. KIOKO HOME is not liable for the accuracy of the information provided by the CLIENT/BUYER for invoicing purpose or for the impossibility of deducting certain expenses because of the information provided in an incorrect manner by the CLIENT/BUYER.

The invoices shall be issued as follows: (a) for payment performed previous to the receipt of the PRODUCTS/SERVICES, the invoice shall be issued after the payment is received, while (b) for the payments performed when the PRODUCTS are received/SERVICES are rendered, the final invoices is issued when the PRODUCTS are sent to the BUYER (handed over to the transport service company)/ before the actual rendering of the SERVICESAny correction (annulment, returns), storno invoices will be issued. All invoices are issued and registered automatically and included in the fiscal reporting. No corrections are acceptedexcept for the amendments of invoices performed in accordance with the legal methods and deadlines.

THE SELLER delivers the invoice corresponding to the PRODUCTS and/or SERVICES ORDER to the BUYER as well as any other payments corresponding to the INVOICE exclusively in an electronic format by adding the INVOICE in the BUYER’s ACCOUNT or via e-mail, to the e-mail address registered by the BUYER in the ACCOUNTexcept for the case the BUYER expressly request the delivery of the invoice in a printed version also. In such casethe invoice requested shall be transmitted as a rule with the occasion of the delivery of the PRODUCTS/SERVICES.

If not provided otherwise, all prices indicated in the ORDER include V.A.T., if applicable, and, if the case, any other applicable taxes. The costs for collecting/packaging and, respectively, as the case may be, delivery/transport shall be separately provided and added to the final price of the ORDER.

Except if provided otherwise, the price that you will actually pay for the PRODUCTS and, separately, for the SERVICES is the one indicated by the SELLER when registering the ORDERThe delivery costs that you need to pay for the ORDER are indicated in the process of transmitting the ORDER.

The payment of the price of the PRODUCTS/SERVICES shall be performed in one of the following manners, depending on the option of the BUYER and on the type of PRODUCT/SERVICE, as the case may be:

1.      CREDIT OR DEBIT CARD ONLINE PAYMENT, in fully secured conditionswithout applying an additional tax for the transactions, through Netopia MobilPay.ro;

 Banking cards accepted for payment are those issued under VISA, MAESTRO and MASTER CARD.

No additional fee is perceived for such paymentsFor finalizing correctly a payment, you need to insert the data required for authorizing the transaction on the payment platform, following the instructions provided by the Netopia MobilPay.ro platformThe transactions shall be made in Leibased on your card’s issuing bank exchange rateif the card is attached to an account in a different currency than RON.

PAYMENT OF PRODUCTS/SERVICES

After launching an ORDER on the ONLINE PLATFORMthe SELLER sends to the BUYER an e-mail or text message validating the ORDER in writing, as described in detail abovewhen the final invoice will also be transmitted as an attachmentto the extent to which the BUYER performed an advance online payment by credit or debit card through Netopia MobilPay.ro.  

2.      PAYMENT ORDER/BANK TRANSFERbased on the invoice issued by the SELLER, in the bank account of KIOKO HOME available on the ONLINE PLATFORMfurther to the option expressed by the BUYER when registering the ORDER ON THE ONLINE PLATFORM to pay via PAYMENT ORDER/BANK TRANSFER;

3.      CASHUPON DELIVERYcash payment upon delivery shall be carried out by the BUYER in accordance with the price of the CONTRACT to the agent/courier that performs delivery.

Cash payment is a delayed payment method of the PRODUCTS/SERVICESPursuant to the provisions of Law no. 70/2015 for strengthening the financial disciplinethe maximum cash amount that KIOKO HOME can cash in during a day is Lei 5,000 for legal persons and Lei 10,000 for natural persons. 

KIOKO HOME cannot be forced to offer the cash payment upon delivery option for those clients who have a proven record of refusing/cancelling ORDERS or for those that, through their activity contrary to regular good faith customary practices can produce any kind of damages to the ONLINE PLATFORM or KIOKO HOME.

4.      PAYMENT IN INSTALMENTS through the partners agreed by Netopia MobilPay.ro (Credit Europe Bank, Banca Transilvania, BRD finance, Garanti Bank and Alpha Bank).

 TRANSPORT. PRODUCTS DELIVERY 

The delivery of the PRODUCTS shall be performed at the delivery address provided in the ORDER with the support of the transport company partner of KIOKO HOME. 

The transport expenses shall be calculated and communicated to the BUYER at the moment the ORDER is registered on the ONLINE PLATFORM, depending on the specific criteria of the ORDER (volume, weight, materials). The BUYER cannot request, further to the registration of the ORDER a low costs for transportation on the basis of his/her own measurement/weighing of the package.

The time for delivery of an ORDER is expressly communicated when the ORDER is registered and represents a period of days influenced by: if applicable, transportation of assets from KIOKO HOME merchandise supplier, processing timebusiness dayslegal holidays, number of PRODUCTS included in the ORDER and the time for processing each PRODUCTThe total amount of time for delivery can be shifted by one PRODUCT, so the BUYER accepts that by accumulating of several PRODUCTS in one ORDER, the delivery of the ORDER shall be delayed until the farthest date.

The deliveries shall be usually performed during the period communicated at the registration of the ORDER (variable between 2 business days and 4 weeks, as the case may be) and the BUYER can obtain information regarding the status of the delivery in any moment.

If the PRODUCT in the ORDER can only be delivered by  overrunning the above mentioned term, KIOKO HOME shall immediately inform the BUYER via e-mail by offering two options : (a) waiving the PRODUCT/ORDER (in writing)  or (b) accepting the new proposed delivery termIf the payment of the ORDER/PRODUCT shall be performed in advance to delivery, the amounts paid shall be fully reimbursed in 14 days as of the date of the waiver. 

The PRODUCTS are delivered in KIOKO HOME original sealed packaging or, as the case may be, of the manufacturer and have insurance for the purpose of the transportation to the delivery address.

As the case may be, all PRODUCTS shall be delivered bracedexcept for the PRODUCTS manufactured from several components, in parcels, in order to be safely transported. KIOKO HOME does not provide services for setting up the PRODUCTSThe PRODUCTS that require setting up shall be accompanies by setting up instructions. 

Upon receipt of the package, the BUYER is under the obligation to unwrap and check from a quantity and quality perspective the packages, on the basis of their labellingto check and verify the integrity of fragile packages as well as of the fragile packed components (ex: glass objectsas well as to announce any fault or potential inadequacy to the SELLER with the occasion of performing this check upon receipt of the package.  The SELLER shall demonstrate the BUYER, upon the latter’s requestthe manner of use and functioning of the PRODUCTS through setting up instructions and sketches.

THE SELLER will inform the BUYER in connection with the estimated timeline for finalizing the deliveryIf the SELLER cannot perform the Contract due to the fact that the PRODUCT/SERVICE is unavailable shall inform the BUYER in relation with such unavailability and the amounts paid by the BUYER for the unavailable PRODUCT/SERVICE shall be reimbursed by the SELLER in maximum 30 calendar days.

If delivery deadlines cannot be observed, the SELLER will inform the BUYER in connection with the  estimated delivery timeline. If the SELLER received wrong information regarding invoicing or the delivery of the PRODUCTS, the decline by the bank of the card or of the transaction, the invalidation of the transaction by the card processor, the SELLER reserves the right to unilaterally terminate the CONTRACT and the BUYER agrees that such an unilateral termination does not represent a breach of CONTRACT

The delivery of PRODUCTS shall be performed at the address indicated in the ORDER and KIOKO HOME shall not be liable for introducing setting up and/or manoeuvring the PRODUCTS in the BUYER’s location.

 2.      RETURNING POLICY 

According to the legislation in force, the CONSUMER has the right to withdraw from the CONTRACT in 14 calendar days as of the entry into the possession of the PRODUCT or, as the case may be, from the date the CONTRACT is executed, in case of SERVICE renderingwithout the need to justify the decision to withdraw but by incurring the returning costs. 

The right to withdraw can be exercised before its expiry by filling in a Withdrawal Form available on the ONLINE PLATFORM or through a written statement of the CONSUMER validly transmitted to the SELLER. 

Exercising the right to withdraw validly can determine the termination of the obligations to execute the CONTRACT. 

In case of a valid exercise of the right to withdraw, KIOKO HOME is under the obligation to reimburse all amounts received as payment from the CONSUMER no later than 14 days as of the date the SELLER was informed by the CONSUMER regarding the decision to withdraw from the CONTRACT. KIOKO HOME shall reimburse the amounts due in case of withdrawal by using the same payment methods that the BUYER used for the initial transaction, except for the case the CONSUMER agreed to another payment method and without the CONSUMER being under the obligation to pay additional fees due to the reimbursement. KIOKO HOME shall not reimburse additional costs if the CONSUMER explicitly chose another delivery type than the standard delivery offered by KIOKO HOME.

KIOKO HOME can prolong the reimbursement of the amounts due in case of withdrawal until the date the PRODUCTS falling under the scope of the CONTRACT were returned, except for the case KIOKO HOME would have expressly offered to recover the PRODUCTS through own means. 

The CONSUMER has the obligation to return the PRODUCTS without unjustified delay in no more than 14 days as of the date the CONSUMER transmitted KIOKO HOME the decision to withdraw from the CONTRACTexcept for the case KIOKO HOME expressly offered to recover the PRODUCTS.

In case the PRODUCTS for which we have received a returning request present track of use, cuts, scratches, hits, mechanical impact, thermic shocks or, as the case may be, electrical shocks, in case accessories are missing, guarantee certificates are missing, the SELLER reserves the right to refuse to accept the return or, depending on the circumstances of each case and only on the basis of a prior evaluation, to decide if the return is accepted and to retain a certain amount of money from the price of the PRODUCT, amount that will be communicated after the assessment of the damages incurred. 

Please be aware that, according to Government Emergency Ordinance no. 34/2014 regarding the rights of consumers in case of agreements entered into with professionalsthe following cases are exception from the right to return:

·         products manufactured based on the Consumer's specifications and instructions or personalized in a clear manner for the CONSUMER, as the case for personalized products that can be sold on the ONLINE PLATFORM in a separate section;

·         products that can deteriorate or damaged rapidly;

·         products that are part of an assembly and that due to their nature cannot be separated from the other components;

·         services that were executed completelyif their execution started with the prior express consent of the CONSUMER and after the CONSUMER was informed on the fact that he/she will lose the right to withdraw after the full execution of the CONTRACT by  KIOKO HOME.

 3.      GUARANTEES

The SELLER undertakes to deliver compliant PRODUCTS, in accordance with the description displayed on the ONLINE PLATFORMAs regards CONSUMERS, the SELLER complies with the provisions of Law no. 449/2003, as amended and supplemented via Ordinance no. 9/2016 regarding the sale of products and related guarantees with respect to the legal compliance guarantee and commercial guarantee.

In relation with CONSUMERSthe SELLER is liable for any lack of conformity existing at the date the PRODUCTS were delivered. The SELLER’s liability regarding the legal compliance guarantee shall be triggered if the lack of conformity of the PRODUCT appears in a 2 years period calculated as of delivery date and if the CONSUMER informs the SELLER on the lack of conformity in 2 month term as of the date it was acknowledged. For those PRODUCTS that have an average use duration of less than 2 years, the 2 years period mentioned above shall be reduced to this duration. 

There is no lack of conformity if, at the moment the CONTRACT is executed, the BUYER know or could not have reasonably not be aware of the lack of conformity.

In case of lack of conformity, the CONSUMER has the right to request KIOKO HOME to bring the PRODUCT to a conformity state, free of charge (no post, transportation, manipulation, expertise, setting up, disassembling, packaging, fabrics or manual labour expenses), by repairing or replacing or has the right to benefit from a corresponding reduction of price or terminate the CONTRACT regarding the respective PRODUCT, except for the case the measure requested by the CONSUMER is impossible or disproportionate.

The CONSUMER may request the corresponding price reduction or the termination of the CONTRACT if (a) the PRODUCT is not repaired nor replaced, (b) if the SELLER did not take the repairing measure in a reasonable period of time, (c) if the SELLER did not take the repairing measure in accordance with the lawwith no significant difficulties for the CONSUMER: the CONSUMER is not entitled to request the termination of the CONTRACT if the lack of conformity is minor. 

KIOKO HOME undertakes no liability for the performance and consequences of the manipulation, transport, setting up or installation services rendered by third partieswhen the PRODUCT was deteriorated or the instructions of the manufacturer were not complied with.

The SELLER undertakes no liability for the consequences that the incorrect use or maintenance of the PRODCUTS caused by the failure to comply with KIOKO HOME instructions available on the ONLINE PLATFORM or, as the case may be, of the manufacturer/distributor.

The SELLER grants a commercial guarantee in the conditions provided by law. The lack of the Guarantee Certificate must be notified in 48 hours as of the delivery of the PRODUCTS. Any subsequent notification shall not be considered, irrespective of the grounding thereof. 

Any claim related to the SELLER’s legal based guarantee shall be accompanied by the invoice and the certificate of guaranteeWithin the guarantee period, the BUYER has the right to request free repair in a reasonable period or replacement of the PRODUCT with quality deficiencies or the reimbursement of the price, if such deficiencies are not caused by the BUYER’s failure to comply with the use and maintenance instructions. 

Absent the prior notification received from the BUYER, the SELLER undertakes no liability for the transportation of the PRODUCTS, if there are no conditions regarding the access, manoeuvring and safe parking of the vehicle and if the law is not breached.

 NOTIFICATIONS

Any notification sent to the SELLER is validly transmitted of sent in writing to the address of the SELLER’s registered headquarters that is also available on the ONLINE PLATFORM. A change in the address cannot be opposed to the other party if not communicated or, as the case may be, if not prior registered in writing. In case of the notification transmitted via postsuch will be transmitted by recommended letter with confirmation receipt and shall be considered received by the recipient at the date mentioned by the receiving post office mentioned on the written confirmation.

 FORCE MAJEURE

None of the parties, neither the SELLER, nor the BUYER shall be liable for not performing its contractual obligations of such non-performance is due to a force majeure event, as applicable according to the legislation in force. 

Any unpredictable and inevitable event, independent of the parties’ will that partially or totally prevents the execution of the contractual obligations shall be considered a case majeure event. The party that claims the force majeure event shall inform the other party no later than 7 days as of the claimed force majeure event occurred and shall be exonerated from its obligations but only to the extent and exclusively for the period the force majeure applies. Any potential misunderstandings that cannot be solved amicably shall be solved by the competent courts of law. 

 PRODUCT GENERAL USE INSTRUCTIONS 

For any PRODUCT category, it is strictly prohibited to:

1.      disassemble by using cutting or hard objects;

2.      cut or scratch materials;

3.      rubbing to other abrasive surfaces or substances (cleaning solutions);

4.      using or keeping products in wet environments or temperatures under 0 degrees Celsius as well as in environments with temperature variations. 

SALES CAMPAIGNS

KIOKO HOME may organize SALES CAMPAIGNS or advertising campaigns in any section of the ONLINE PLATFORM in the conditions regulated by the legislation in forceSALES CAMPAIGNS or advertising campaigns do not require the consent of the USERThe spaces and dimensions of the advertising campaigns and can be changed with no prior notice.

INTELLECTUAL PROPERTY 

All intellectual property rights over the content of the ONLINE PLATFORM including, but not limited to logos, graphic representations, stylized representationscommercial symbolsstatic imagesdynamic imagesdescription of products or any other text form as well as the multimedia content published are KIOKO HOME’s exclusive property. 

Consequently, as regards the content of the ONLINE PLATFORMthe USER/CLIENT/BUYER is prohibited to copy, distribute, publish, transfer, amend and/or alter, use, connect to, expose or include any content element in any other context than the one intended by KIOKO HOME, except for the case KIOKO HOME is requested and grants the prior written consent for any of the actions above.

KIOKO HOME reserves the right to amend or add new rules and restrictions as regards the content of the ONLINE PLATFORM but also to amend and update any service or right of use of any service, in any given moment, without a prior notice.

The USERS will not amend any part of the ONLINE PLATFORM except what is necessary for the corresponding use of the ONLINE PLATFORMfor the purpose it was created for. As such, in the sections of the ONLINE PLATFORM that allow the USERS to add content, namelythe comment areathe users will introduce legal and moral content only. KIOKO HOME reserves the right to moderate and/or delete content added by USERS if this content does not comply with the legal and moral requirements.

CONFIDENTIALITY POLICY

KIOKO HOME keeps confidential any information that you provide as a CLIENT or BUYERThe CLIENT/BUYER shall not make any public statement or press release or any other manner of revealing to third parties the ORDER/CONTRACT without the SELLER’s prior written consent.

By registering in KIOKO HOME’s databasethe CLIENT/BUYER expressly agrees to the limitations imposed by the legislation in force to be contacted by KIOKO HOME’s partnersmarketing services providersother service providers for the purpose of executing the scope of the CONTRACT concluded between the BUYER and the SELLER, including institutions or state agencieswhen the specific legislation expresslyor other companies with that have developed common offering programs regarding the PRODUCTS/SERVICES with KIOKO HOME.

By registering and using the ACCOUNT, the CLIENT/BUYER undertakes liability for maintaining confidentiality of his/her own ACCOUNT data (user and unique passwordand 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 the ACCOUNT on the ONLINE PLATFORM.

 ASSIGNMENT. SUBCONTRACTING

The SELLER can assign and/or subcontract o third party for services corresponding to the ORDER, by informing the CLIENT without the CLIENT’s approval in this sense.

APPLICABLE LAW. JURISDICTION

Romanian law governs the CONTRACT, as well as the TERMS AND CONDITIONS. The potential litigation cases between the SELLER and the BUYER shall be solved amicably and only if this is not possible, the litigation cases will be solved by the competent courts of law.

 COMMUNICATION. CONTACT

For any questions or suggestions regarding KIOKO HOME, please contact us at 0040 731 628 008, from Monday to Fridaybetween 09:00-17:00 or via e-mail at contact@kiokohome.ro

In additionyou can use the contact form available HEREBy using the contact formyou automatically allow KIOKO HOME to contact you via any means available on the ONLINE PLATFORM. KIOKO HOME declares and guarantees that the personal data transmitted by an USER and collected through the Contact form available on the ONLINE PLATFORM shall only be used for the purpose of solving the aspects raised by the USER through the Contact Form that subsequently become data for statistic purpose only.

 

Policy on of Personal Data Protection Policy

KIOKO HOME S.R.L.

January 2019

The 2018 year brought some changes to how we process personal data, so we would like to explain what these imply and how we will align KIOKO HOME S.R.L.’s practices to these changes. Starting May 25, 2018, Regulation 2016/679 / EU on the protection of individuals with regard to the processing of personal data and the free movement of such data (the "Regulation") is applied by all EU Member States.

We process personal data when you use the ONLINE PLATFORM, and the way we do so is provided in this Policy. This Policy will be supplemented with the specific provisions of the Terms and Conditions applicable to the website www.kiokohome.ro.

We at KIOKO HOME ensure that we process personal data in accordance with the following principles:

- your data is safe;

- KIOKO HOME’s clients always have control over the data;

- we use this data to provide you with a wide range of furniture and high quality decorations, made in vintage arrangements, in a novel and refined style.

KIOKO HOME S.R.L. undertakes that the CUSTOMER / BUYER's data will be used only for the purposes stated below and will not make public, sell, lease, license, transfer to third parties the database containing information about personal or special data of consumers / buyers.

How do we use your data?

We collect your personal data for the following purposes:

1.      To conclude and execute our contractual relationship

In order to provide the products, we carry out a series of activities involving the processing of your personal data, as follows:

1.1    activities that directly relate to how our business relationship takes place, from the time an order is placed to completion, including verification of the details of a previous sale at a new sale, activities related to checking the availability of products and their transportation;

1.2      activities related to CUSTOMERS’ / BUYERS’ information on the status of the ACCOUNT, including the validation, dispatching and invoicing of the ORDERS, solving any problems of any kind related to an ORDER, to the PRODUCTS and / or to the SERVICES;

1.3      activities related to invoicing and collecting the value of the products;

In the event that the BUYER opts for online card payment for the order value, the authorization and delivery for settlement of the card acceptance transactions is made exclusively through the payment / banking service providers, thus, KIOKO HOME SRL does not request or store any information about the BUYER's card during the card payment process, information being processed directly on the servers of the on-line payment service provider.

The bank card processor approved by KIOKO HOME SRL has the right to access / view any type of data or general documents following an ORDER, for the purpose of investigating any receipts or refunds resulting from the sale of PRODUCTS and SERVICES through the Online Payment Service Provider, regardless of the delivery method.

By filling in personal data within the order form available on the ONLINE PLATFORM, in relation to the credit possibility available, the BUYER expressly agrees that the legal entities, with which the online payment service provider has concluded partnerships for credit products, process his/her personal data for the purpose of carrying out the credit analysis and to submit them for consultation to the Credit Bureau, on behalf of the BUYER.

1.4      managing the ONLINE PLATFORM and your CLIENT account.

By filling in the personal data required in the account creation and/or in the order form, the CLIENT/BUYER declares and unequivocally accepts that his personal data is included in KIOKO HOME S.R.L.’s database and that such personal data is stored, used and processed for the purposes above.

• What data we use to provide services
✓ Surname, name, e-mail address, phone number, billing address, delivery address, company details, delivery method details, payment details, order comments, fax (optional, upon account creation), 2nd address (optional, upon account creation);
✓ username and password if you have an account on the ONLINE PLATFORM.
• For how long we keep your data

We process a wide range of personal data in order to enter into and execute the order, but the retention period varies for each type of data depending on our necessity or on our obligation, as follows:

a)      In order to be able to prove the commercial relationship we have with you, we keep processed personal data for the entire duration needed to finalise the order (from placing the order until delivery) and additionally for a period of three years from the date of finalising the order.

In this respect, we also keep information about the payment status and correspondence we have about order and delivery (when applicable). In the event that, upon termination of the commercial relationship we have with you, there will remain debts to be recovered, we will keep the information that is necessary to recover the debts until their collection or the expiry of the statute of limitation period, whichever comes first.

b)      We keep your orders’ history in your customer account for as long as your customer account is active. If you have not accessed your customer account for 3 years, we will delete the account details, including the information available in the account.

c)       also for fiscal reasons, we need to keep all the information related to the invoicing of the products provided to you for a period of 10 years from the finalisation of the order.

• Disclosure of your data

KIOKO HOME S.R.L. may provide the personal data of the CUSTOMER / BUYER to other partner companies as follows: (a) suppliers of furniture or other decoration products, (b) transport / courier service providers, (c) payment / banking service providers, (d) suppliers of invoice services, and (e) IT service providers and cloud storage, disclosure which shall take place only on the basis of a confidentiality commitment and only for the above-mentioned purposes, commitments guaranteeing that the data is securely kept and that the disclosure of such personal information complies with the legislation in force.

In such a situation, we ensure you that our partners observe this policy.

In case of an unpaid debt in our contractual relationship with you, we reserve the option to disclose your data to debt collection / debt recovery agents for the purpose of recovering the unpaid amount. They will contact you on our behalf. Also, if we assign the claim, we will inform you about our decision.

• Legal basis for processing personal data 

Entering into and performance of the order.

2.      For marketing, publicity and / or periodic newsletters

We want to keep in touch with you and let you know about our new products, offers, campaigns or similar activities! To do this, we will send you newsletters and / or periodic alerts by e-mail, SMS or directly to through the ONLINE PLATFORM.

When the USER registers an ACCOUNT on the ONLINE PLATFORM, he/she has the right to choose to receive or not newsletters and / or alerts from KIOKO HOME S.R.L. by electronic and / or telephone means, including emails, short messages (SMS) or announcements on the ONLINE PLATFORM.

The data provided by the USER for the purpose of sending newsletters and / or alerts can and will be used by KIOKO HOME S.R.L. only within the limits of this policy.

Withdrawal of the consent for receiving the newsletters and / or alerts can be made at any time as follows:

- by using the unsubscribe link from any email newsletter and / or the alert received, link located at the bottom of the e-mail in the "Click here to unsubscribe" section; this option will be available in each communication; or

- by changing your consent to receive newsletters and / or alerts in your ACCOUNT on the ONLINE PLATFORM

- by contacting KIOKO HOME S.R.L. at the following e-mail address: contact@kiokohome.ro, without any further obligation of any party’s behalf to the other party or without any party claiming damages.

Withdrawal of the consent to receive newsletters and / or alerts does not imply the waiver of the TERMS & CONDITIONS or of the present policy and starts to be applicable only after receipt of the message / withdrawal notification. Also, withdrawal of the consent for receiving newsletters and / or alerts will not affect KIOKO HOME S.R.L.’s right to contact you to complete an order.

KIOKO HOME S.R.L. reserves the right to select individuals to whom they will send newsletters and / or alerts and the right to remove from their database any USER or CLIENT who has previously expressed their consent to receive newsletters and / or alerts, based on objective reasons, without any further commitment from KIOKO HOME SRL or prior notice.

KIOKO HOME will not include in the newsletters and / or alerts submitted any other advertising material mentioning any third party that is not a partner of KIOKO HOME S.R.L. at the time of sending the newsletter and / or alert message.

• What data we use to provide newsletters/alerts

-      first name, last name, e-mail address / telephone number, depending on the selected channel for communications.

• For how long we keep your data

We will contact you for these purposes as long as your client account on the ONLINE PLATFORM is active.

Disclosure of your data 

At this time no. We anticipate that, in the future, we will work with specialized companies in the field, in which case we will disclose the minimum information necessary to some marketing agencies to assist in the transmission of messages / alerts.

• Legal basis for processing personal data

Your consent.

3.      For statistic and analysis purposes, market research, sale monitoring surveillance 

For optimizing the offer and for satisfying your needs, we extract, transform in anonymous data, combine and aggregate the data regarding your acquisitions through the ONLINE PLATFORM with those of other clientsin order to have a statistic image over the products sold.

• What data we use for these reports

The data regarding the acquisitions carried out through the ONLINE PLATFORM, data concerning the access to the ONLINE PLATFORM.

• For how long do we keep your data?

We will store the statistical data for the duration required to use such data.

• Do we reveal your data?

The results of the statistic reports (that do not allow the identification of your data or your individualization) and the analysis based on such reports are not currently revealed to third parties. We do anticipate the possibility to reveal such data in the future to business consultants that will help us develop the business.

• Legal basis for processing these data

Processing purpose compliant with the initial data processing purpose. 

4.      For compliance with our legal obligations 

We have the obligation, at the request of the public authorities, prepared in accordance with the applicable legal provisions, to communicate your data to the relevant public authority. Personal information of the BUYER can also be provided to the General Prosecutor's Office, the Police, the competent courts and other competent bodies of the state, on the basis and within the limits of the legal provisions and because of expressly formulated requests.

• What data we keep for this purpose

All data requested by the relevant public authority.

• Disclosure of your data

We will keep the data for as long as necessary, as indicated by the competent authority and in accordance with applicable law.

• Legal basis for processing personal data

Legal obligation.

 

COOKIES POLICY

A cookie is a small dimensions file, a special textusually codifiedsent to a web browser and then sent back (unmodifiedby the browser each time the server is accessed.

The cookie is installed through the request issued by the web-server to a browser (ex: Internet Explorer, Chrome, Mozilla) and is completely “passive” (it does not contain software programs, viruses or spyware andcannot access the information from the USER’s hard driver).

Cookies are used for the authentication as well as for the tracking of USERS behaviourTypical applications are retaining the USERS preferences and implementing the “add to basket” systemThese files allow the recognition of the USER’s terminal and the presentation of the content of the website in a relevant manner, adapted to the USER’s preferences.

Cookies ensure a pleasant browsing experience and sustain KIOKO HOME’s efforts to offer comfortable services to USERS: example – preferences regarding online confidentiality and shopping basket history.

In addition, these are used in preparing anonymous aggregate statistics that support understating the manner in which an USER benefits from the ONLINE PLATFORMallowing the improvement of the structure and content but excluding the personal identification of the USER.

KIOKO HOME uses two types of Cookies: per session and fix (temporary files that remain in the USER’s terminal until the session closes or application/web-browser closes). The fixed files remain on the USER’s terminal for a certain period in the Cookies parameters or until are manually deleted by the USER.

The personal data collected by use of cookies can be collected only to facilitate certain functionalities for the USER and are encrypted in a manner that render the access of unauthorized persons impossible. In general, an application used for accessing web pages allows saving cookies on the terminal implicitlyThese settings can be changed in such a manner that the automatic administration of cookies is blocked by the web browser or the USER is informed each time cookies are sent to his terminal. Limiting the use of cookies can affect certain functionalities of the ONLINE PLATFORM. Cookies support a friendly browsing experience and adapted to the preferences and interests of each USERThe refusal or deactivation of cookies may render certain pages impossible to use. 

Cookies are not viruses and use plain text filesare not made up of code pieces that means that cookies cannot be executed nor can re-runAccordingly, cookies cannot duplicate or replicate themselves onto other networks in order to re-run and replicate themselves again.

Given that cookies can be used for negative purposes, as cookies store information about the preferences and users browsing historymany anti-spyware products flag cookies constantly in order to be deleted in the deletion/scanning anti-virus/anti-spyware procedures.

Generally, browsers have confidentiality settings integrated that provide various level of accepting cookiesthe validity period and the automatic deletion after the user visited a certain websiteAs the protection of the identity is very valuable and represents the right of each internet, it is indicated that you are aware of all potential problems that cookies can createGiven that through cookies information is constantly being transmitted between the browser and the website, if an attacker or unauthorized person intervenes in the process of data transmission, the information contained in the cookies can be interceptedEven tough extremely rare, this can happen if the browser is connected to the server using an unencrypted network (ex: unsecured WiFi network). Other cookie based attacks imply wrong cookies’ settings on the serversIt is very important that the USER chose the most suitable protection method for his/her personal information and to:

personalize the browser’s settings as regards cookies to reflect a comfortable security level for using cookies.

set long expiry terms for storing the browsing and personal data access history.

to consider the settings of the browser in order to delete the individual browsing data each time when the browser is closed. This is an option for access to websites that places cookies and deletes any information on the navigation when the browsing session is closed.

install and constantly update anti spyware applications.

Many of the applications for detecting and preventing spyware include attack detection on websitesAs suchthese impede the browser to access websites that could exploit the browser vulnerabilities or download dangerous softwareIt is recommended to update constantly the browsing programsbecause many of the cookie-based attacks are performed by exploiting the weak points of the browser’s older versionsAll modern browsers offer the possibility to change the cookies settingsThese settings are usually found in “options” or in the browser’s “preferences” section.

You hold the control over your data

You can control the manner in which we process your personal data, exercising any of the following rights/options anytime you want.

Data access: you can request a copy of the personal data that we hold about you 

Rectifying dataif the data that we hold about you are inaccurate or incompleteyou can request their rectification.

Opposition to data processingyou can request us to cease certain processing activities. Depending on the legal ground of the processing, we shall analyse your request, the factual situationas well as the legal applicable provisions and we will revert with details regarding the implementation of your request within the timing set under the law.

Deleting data: You can request us to delete the personal data that we hold about youWe will analyse you request in accordance with the reasons that ground your request and we will revert with details regarding the implementation of your request within the timing set under the law. As a general approach, at the expiry date of the period for keeping the data, as identified above, your data will be deleted or anonymized.

Data portability: if you want to transfer the data to another provideryou can request us to communicate such data in an usual electronic format (this is a new right introduced by the Regulation).

Restricting the processing: you can request the restriction of processingWe will analyse the request by reference to the restriction cases under the law and revert within the legal deadline with details regarding its implementation (this is a new right introduced by the Regulation).

Consent withdrawalin case you have granted your express consent for a certain type of data processing dateas, for example, the receipt of commercial communication from KIOKO HOME S.R.L., you have the right to withdraw it any timeSuch withdrawal is registered in KIOKO HOME S.R.L. systems with no unjustified delays. 

We are here for you 

•             The company that processes your data is KIOKO HOME S.R.L.

•             Contact: For any questions or suggestions regarding your personal dataplease contact us at the number 0040 731 628 008, from Monday to Fridaybetween 09:00-17:00 or via e-mail at contact@kiokohome.ro

In additionyou can use the contact form available HEREBy using the contact formyou automatically allow KIOKO HOME S.R.L. to contact you using any means available on the ONLINE PLATFORM. KIOKO HOME S.R.L. declares and guarantees that the personal data of one USER transmitted by the latter and collected through the Contact form available on the ONLINE PLATFORM shall be used only for the purpose of solving the aspects claimed by the USER via the Contact Form, the data subsequently becoming data with an exclusive statistic purpose.

Alternativelybased on a written requestbearing a date, signed and sent to KIOKO HOME S.R.L. at the address located in Prahova, Campina municipalityAnton Pann streetpostal code 105600you can exercise freely, annually, the right under the Regulation.

•            Supervision AuthorityIn addition, you can file a claim with the National Supervisory Authority For Personal Data Processing (http://www.dataprotection.ro/)

Future updates 

The content of this Policy may be amended following the evolution of the market and the update of the categories of products that we deliver and of the auxiliary services that we render.

We will publish any new version of this Policy on the website www.kiokohome.ro and we will notify in advance, in due time, regarding any change that might affect you in a significant manner.