Note: this page is auto translated.
1. Definitions and terms
Naivia or Seller – is the commercial name of RUDAN PROIECT S.R.L., a legal entity of Romanian nationality, having its registered office in Bucharest, Str. Valea Ialomitei no. 13, Bl. A32, ap. 3, sector 6, with serial number in the Trade Register J40/9743/2014, unique tax registration code 33499242.
Buyer – can be any natural person over 16 years of age or legal person or any legal entity that creates an Account on the Site and places an Order.
Client – can be any natural person over 16 years of age or legal person who has or obtains access to the CONTENT, through any means of communication made available by Naivia (electronic, telephone, etc.) or based on an existing user agreement between Naivia and it and which requires the creation and use of an Account.
User – any natural person over 16 years of age or legal person registered on the Site, who, by completing the Account creation process, has given his/her consent to the site-specific clauses in the Terms and Conditions of Use section.
Account – the section on 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 Client/Buyer and the Buyer's history on the Site (Orders, tax invoices, Goods guarantees, etc.). The User is responsible and will ensure that all information entered when creating the Account is correct, complete and up-to-date.
Wish List – section of the Account that allows the Buyer/User to create Lists of Goods and Services that he/she wishes to track for a possible purchase using the service offered by the Seller to track Goods and Services by receiving Commercial Communications from him/her.
My Cart – section of the Account that allows the Buyer/User to add Goods or Services that he/she wishes to purchase at the time of addition 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 will benefit from the service offered by the Seller to track the Goods and Services by receiving Commercial Communications from him.
Site – the online store hosted at the web address naivia.ro and its subdomains.
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 and Services from the Site.
Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order, which are 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 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 information on the Site that can be visited, viewed or otherwise accessed using an electronic device;
– the content of any e-mail sent to the Buyers by the Seller by 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, specified or not by the latter;
– information related to the Goods and/or Services and/or the rates charged by the Seller in a certain period;
– information related to the Goods and/or Services 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.
Review – an evaluation written by the owner or beneficiary of a Good or Service, an evaluation written based on his/her personal experience and ability to make qualitative comments and to say whether or not the Good or Service complies with the specifications mentioned by the manufacturer.
Rating – a way of expressing the degree of satisfaction of a User/Client/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 level of satisfaction will always be associated with the review written by the User/Client/Buyer on a Good or Service.
Document – these Terms and Conditions.
Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information regarding similar or complementary products to those you have purchased, information regarding offers or promotions, information regarding Goods and Services added to the “Account/My Cart” section or the “Account/My Wish List” 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 Naivia to the Buyer, by using the services of the card processor approved by to the Seller, regardless of the delivery method.
Specifications – all specifications and/or descriptions of the Goods and Services as specified 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 has an informational role and does not represent 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 modify the quantity of the Goods and/or Services in the Order. If the quantity of Goods and/or Services in the Order is changed, the Buyer will be notified at the e-mail address or telephone number provided to the Seller when placing the Order and will return the amount paid.
2.4. The Contract is considered concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, via e-mail and/or SMS, of the notification of shipment of the Order.
2.5. 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 for the purchased Goods.
3. Online sales policy
3.1. Access to place an Order is allowed to any User/Buyer.
For justified reasons, Naivia reserves the right to restrict the User/Buyer's access to place an Order and/or to some of the accepted payment methods, if it considers that based on the User/Buyer's conduct or activity on the Site, his/her actions could harm Naivia in any way. In any of these cases, the User/Buyer may contact Naivia's Customer Relations Department to be informed of the reasons that led to the application of the aforementioned measures.
3.2. Communication with the Seller can be achieved through direct interaction with him/her 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 justification for this.
3.3 In the event of an unusually high volume of traffic coming from an internet network, Naivia reserves the right to ask Users/Buyers to manually enter captcha validation codes, in order to protect the information on the Site.
3.4. Naivia may publish on the Site information about Goods and/or Services and/or promotions practiced by it or by any other third party with whom Naivia has concluded partnership contracts, within a certain period of time and within the limit of available stock.
3.5. All prices for the Goods and/or Services presented on the Site are expressed in lei (RON) and represent the final sale price to the customer. Naivia is not a VAT payer.
3.6. In the case of online payments, the Seller is not/cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, if the currency of issue differs from RON. The Buyer is solely responsible for this action.
3.7 All information used to describe the Goods and/or Services 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.
3.8. After purchasing a Good or Service, the Buyer may be asked to write a Review related to the Good or Service purchased. The request will be sent to the email address registered by the Buyer in the Account. In this way, the Buyer contributes to informing other potential Users/Customers/Buyers on the Site and is actively involved in the development of new Services and in the most complete detailing of the characteristics of the Goods.
3.9. The images associated with the goods available on the Site are for presentation purposes, may contain minor differences from the physical product and do not create contractual obligations between the Seller and the Buyer. The Customer must take into account in this regard that Naivia products are handmade.
4. Assignment and subcontracting
4.1. The Seller may assign and/or subcontract to a third party for Services related to the fulfillment of the Order, with the Buyer's information, without the Buyer's consent being required. The Seller will always be responsible to the Buyer for all contractual obligations.
5. 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 Naivia, with all rights obtained in this regard directly or indirectly (through licenses for use and/or publication) being reserved to it.
5.2. The Client/Buyer/User 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 Naivia, include any Content outside the Site, remove the signs signifying Naivia's copyright on 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 Naivia.
5.3. Any Content to which the Client/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 user agreement concluded between Naivia and it, and without any implicit or express warranty formulated by Naivia with reference to that Content.
5.4. The Customer/Buyer/User 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.
5.5. If Naivia grants the Client/Buyer/User the right to use, in the form described in a separate user agreement, a certain content, to which the Client/Buyer/User has or obtains access pursuant to this agreement, this right extends only to that content or those defined in the agreement, only for the duration of its or these contents' 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 on the part of Naivia for the respective Client/Buyer/User or any other third party who has/obtains access to this transferred content, by any means and who could be or is prejudiced in any way as a result of this content, during or after the expiration of the user agreement.
5.6. No Content transmitted to the Client, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of Naivia and/or the Naivia employee/agent who mediated the transfer of Content, if any, with respect to the respective content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the user agreement that accompanies it, if any, is prohibited.
6. Order
6.1. The Client/Buyer may place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart, and then finalize the Order by making 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 completing the Order, 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.
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 those of delivery. 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 – in case the Buyer orders multiple products that will be delivered separately through a single order
– the day on which the Buyer takes physical possession of the last Good or the last piece – in case of delivery of a product that consists of several lots or pieces
6.6. If the Buyer decides to withdraw from the Contract, he will be able to complete the return request online that can be found on the order details page, Product Return section
6.7. If the Customer/Buyer requests withdrawal from the Contract within the legal withdrawal period, he must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will refund the amount within a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of his decision to withdraw from the Contract. The amount will be returned as follows:
6.7.1. for Orders paid with online card -> by refund to the account from which the payment was made;
6.7.2. for Orders paid with Op/refund/iTransfer/Bank card-> by bank transfer;
6.8. The Seller may postpone the refund of the amount until receipt of the sold Goods.
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 Customer/Buyer of this fact and will return to the Buyer's account the value of the Good and/or Service, 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.
6.10. The availability of a Good will be displayed on the Site as follows:
“In stock” or "Last products in stock" – the product is in Naivia's stock
“Product available for orders” – The Good is not available in Naivia's stock, but we can produce that good based on a firm order from the Customer, expressed by ordering it and subsequently confirmed with Naivia, with a product completion deadline
“Not enough products in stock” or "stock out of stock" – The Good is no longer available in Naivia's stock and is not available on a firm order basis
7. Goods/services for which the right of withdrawal is not ensured
7.1. The following are exempt from the right of withdrawal from the Contract:
7.1.1. service contracts, after the complete provision of the services, if the performance has begun with the prior express consent of the Buyer and after the latter has confirmed that he has become aware of the fact that he will lose his right of withdrawal after the complete performance of the Contract by the Seller;
7.1.2. supply 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;
7.1.3. supply of Goods made to the specifications presented by the Buyer or clearly personalized;
7.1.4. supply of Goods that are susceptible to deterioration or expire quickly;
7.1.5. the supply of Goods which, after delivery, are, by their nature, inseparably mixed with other elements;
7.1.6. the supply of digital content which is not supplied on a material support, if the provision has begun with the express prior consent of the Buyer and after the latter has confirmed that he has become aware of the fact that he will lose his right of withdrawal.
8. Confidentiality
8.1. Naivia will maintain the confidentiality of any information of any nature that you provide. The disclosure of the information provided may only be made 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, for its own benefit, this information, ideas, concepts, know-how or techniques that you have sent to us through the Site. Naivia will not be subject to obligations regarding the confidentiality of the information sent, unless the legislation in force provides other specifications in this regard.
9. Commercial communications
9.1. The Buyer/User/Client may at any time change their option regarding the consent given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions, as follows:
9.1.2. by changing the settings in the Account - "My Personal Data" page in the "Subscribe to our newsletter" section;
9.1.3. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
9.1.4. by contacting the Seller.
9.2. By adding Goods or Services to the section of the Account:
“My wish list”, the Seller will send the Buyer/User Commercial Communications regarding:
– changes in the price of the Goods or Services added to the section “My wish list”,
– recommendations of Goods or Services similar to those added to the section “My wish list”, and
– stock availability or Services of Goods added to the section “My wish list”.
9.3. Following the purchase of a Good or Service, the Seller will send 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 mentioned in point 9.3. above by accessing the unsubscribe link displayed in the commercial messages received from Naivia or by contacting Naivia in this regard.
9.5. Also, to improve the offer of Goods and Services and the shopping experience, we may use your data to conduct market research and opinion polls. The information obtained from such 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 and will not be transmitted to third parties or published. You can object to the use of data for market research and opinion poll purposes at any time, by accessing the unsubscribe link displayed in the message or by contacting Naivia.
10. Billing and payment
10.1. The prices of the Goods and Services displayed on the website naivia.ro are final, in accordance with the legislation in force. Naivia is not a VAT payer.
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 Goods and Services delivered, the Buyer's obligation being to provide all the information necessary for issuing the invoice in accordance with the legislation in force.
10.3. 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.
10.4. Through this method of communication, the Buyer, by accessing his Account, will have a record of the invoices issued by Naivia, being able to save and archive them at any time and in any way he wishes.
10.5. By sending the Order, the Buyer expresses his/her agreement to receive invoices in electronic format by adding them by Naivia to his/her Account or via electronic mail, to the e-mail address mentioned in his/her Account.
10.6 The User/Buyer's payment card data will not be accessible to Naivia nor will it be stored by Naivia or by the payment processor integrated into the Site, but only by the Transaction authorization institution or another entity authorized to provide card identification data storage services, about whose identity the User/Buyer will be informed, prior to entering the data.
The entity authorized to provide card data storage services is NETOPIA FINANCIAL SERVICES S.A., headquartered at Blvd. Dimitrie Pompeiu no. 9-9A, Iride Business Park, Building no. 24, room 4A, floor 4, sector 2, 020335 BUCHAREST, registered with the Trade Register under no. J40/12763/2020, unique registration code RO43131360.
11. Delivery of goods
11.1. The delivery conditions of the Goods and Services sold by Naivia can be found in the Delivery and Payment section.
11.2. The Seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
11.3. The Seller will deliver the Goods and Services only on the territory of Romania.
12. Warranties
12.1 All goods sold by Naiva benefit from a 30-day Conformity Guarantee.
12.2 Given the nature of the products sold and the fact that all goods sold by Naiva are handmade, it is impossible to replace them with an identical product, but in some cases it will be possible to replace the goods with a similar product.
12.3 In order to benefit from the Guarantee, the Buyer must exploit / take care of the purchased goods only according to the Guarantee Certificate for each product.
13. Transfer of ownership of the goods
13.1. Ownership of the Goods shall 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 personnel).
14. Liability
14.1. The Seller shall not be liable for 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 and Services after delivery and in particular for their loss.
14.2. By creating and using the Account, the 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/her 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. The Seller reserves the right to periodically update and modify the Terms and Conditions of the Site to reflect any changes in the way and conditions of operation of the Site or any changes in legal requirements. The Document is binding on Customers / Users / Buyers from the moment of its display on the Site. In the event of any such changes, we will display the modified version of the Document on the Site, which is why we ask you to periodically check the content of this Document.
15. Writing Reviews
15.1. Users / Customers / Buyers can write Reviews in the “Reviews” section. The information entered can be both positive and negative and will be accompanied by a Rating (grade) given to the product, between 1 and 5 stars.
15.2. When registering a particular Review/Comment/Question/Answer on the Site, Users/Customers/Buyers grant the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited license and give the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.
16. Processing of personal data
16.1. Please review the Privacy Policy regarding the processing of personal data, which is part of this Document.
17. Use of Cookies
17.1. See Cookie Policy, which is part of this Document.
18. Force Majeure
18.1. Neither party shall be liable for the 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.
18.2. 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 any of them being able to claim any other damages from the other.
19. Applicable law - Jurisdiction
19.1. This contract is subject to Romanian law. Any disputes arising between the Seller and Users/Buyers will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in the Municipality of Bucharest.