1. GENERAL PROVISIONS

This document (together with all the documents mentioned in it) sets out the terms and conditions governing this website www.martinclinic.ro (hereinafter “www.martinclinic.ro” / “the Website”) and the placing of product orders through this Site (hereinafter referred to as the “Terms”).

Any product or service offered through this Site is addressed to natural persons who can help/access them for benefit without resale purpose, hereinafter called “Customer” / “Customers”. 

Martinclinic has no obligation or liability resulting from the successive resales of products and/or services made by Customers.

Please read the Terms and the GDPR Policy before using the Site and placing orders through it. By accessing and using this Site and/or placing an order through it, you expressly acknowledge the binding nature of the Terms and the GDPR policy and undertake to comply with these Terms and the GDPR policy.

If you do not fully accept the Terms and the GDPR policy, do not use this Site. We reserve the right to change these Terms at any time without prior notice to you. Your orders will be subject to the Terms specified on www.martinclinic.ro at the time of placing the order.

If you have any questions regarding the Terms or the GDPR policy, you can contact the office at any time at adresa@martinclinic.ro

The Contract or agreement (as defined below) may be terminated if you so choose.

All terms herein shall be construed to be expressed in calendar days. If the last day of the term is a non-working day, the term is extended until the next working day.

2. THE WEBSITE OPERATOR

The operator of the website www.martinclinic.ro is the company S.C. MARTIN CLINIC S.R.L., with headquarters in Bucharest Vlad Județu street, no. 46, ground floor, order number in the Commercial Register J40/3037/07,03,2019, CUI 40748214.

3. CUSTOMER DATA

The Company collects your personal data directly from you, so you have control over the type of information you provide to us. So when you create an account on our site, you give us your email address, first name and last name. When you place an order, you provide us with information such as: desired product, name and surname, delivery address, billing details, postal code, telephone number.

4. USE OF THE SITE

By using this Site and/or placing any product order through it, the Customer undertakes:

• To use this Site solely to submit legitimate inquiries or place legitimate orders.
• Not to place any false or fraudulent orders. If we have reasonable grounds to believe that such an order has been placed, we will have the right to cancel the order and notify the relevant authorities accordingly.
• Provide a correct and accurate email address, postal address and/or other contact details. 

Equally, the Customer expresses their consent for us to use this information to be contacted in the event that this is necessary (see GDPR Policy).

If we are not provided with all the information we need, we may not be able to complete your order.

By placing an order through the Site, the Customer declares that they are over 16 years of age and has the legal capacity to conclude firm contracts.

Customer Account

Each Customer has the opportunity to create a Customer Account on the www.martinclinic.ro platform, becoming a www.martinclinic.ro member and benefiting from all the advantages of account registration.

Please note that you are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities that occur through or in connection with your account and agree to immediately notify Martinclinic of any unauthorized use of your account or any other breach of security. 

Martinclinic will not be liable for damages resulting from unauthorized use of your account.

Fraud

Attempts of unauthorized access to the Site including but not limited to any attempt to access the personal data of another Customers, to modify the content of the site www.martinclinic.ro or to affect the performance of the server on which it runs will be considered attempts to fraud of the website www.martinclinc.ro and will be reported to the competent authorities, setting in motion the criminal investigation against the one or those who attempted this act.

Communication

Opinions or addresses containing insults or inappropriate language will be excluded from the site or ignored.

By using the contact form or the service on the website, the Customer allows Martinclinic to contact them by any available means, including electronic means.

Partially or fully completing the contact form and sending it does not in any way represent a commitment on the part of Martinclinic to contact the Customer.

Cookies

The website www.martinclinic.ro uses its own cookies and cookies installed by third parties, such as Google, to offer you the best possible experience on the site. The cookies used on this Site provide valuable feedback and help us try to improve the online experience.

An “Internet Cookie” is a small file, consisting of letters and numbers, which will be stored on the computer, mobile terminal or other equipment of a user from which the Internet is accessed. This is not a virus and does not ask for personal information to be used.

Cookies provide users with a pleasant browsing experience and support the efforts of many websites to provide comfortable services to users, because they store important information that improves the Internet browsing experience (e.g.: language settings in which a site is accessed; keeping a user logged in; online banking security; keeping products in the shopping cart, etc.)

Some browsers offer you the possibility to control cookies, in the sense of disabling them. However, you must take into account the fact that disabling cookies could also lead to a decrease in the quality of your visits to the www.martinclinic.ro website.

See details in the GDPR Policy.

5. ORDER

To place an order, the Customer must follow the online purchase procedure, complete the four steps: invoicing, delivery, payment, verification and click on “Send order”, this representing step 5 – completion. Afterwards, the Customer will receive an email from us confirming the launch of the order (“Order Confirmation”). Please note that this does not mean that an order has been accepted, as your order constitutes an offer by you to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm acceptance by sending you an email confirming the shipment of the product (“Dispatch Confirmation”). The tax invoice together with the certificate of conformity will be included in the parcel/package.

The order is made through our order system, by filling out the order form or by phone at the phone number specified on the Site.

By completing the order, the Customer agrees that all the data provided by them, necessary for the purchase process, are correct, complete and true on the date of placing the order.

If a Customer modifies their personal data, using the forms available on the Site, all ongoing contracts existing at that time, retain the data defined/accepted by the Customer before the moment of modification.

All product orders are subject to the availability of the respective products in our stocks. In this regard, in the event that supply difficulties arise or if the products are no longer in stock, we reserve the right to inform you about substitute products of equal or superior quality and value, which you can order. If you do not wish to order these replacement products and we have already received payment for the products you have ordered, we will refund in full any amounts you have paid.

Martinclinic reserves the right to refuse total or partial acceptance of an order made by the Customer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other, in the following cases:

1. The products are not in stock;
2. The payment is not completed;
3. The data provided by the Customer, on the Site, are incomplete or incorrect;
4. TheCustomer’s activity on the Site can and/or cause damage of any kind to Martinclinic and/or its partners;
5. There are one or more confirmed and uncollected orders.

We reserve the right to remove any product from this Site at any time, in our discretion, and/or to remove or modify any material or information on this Site. Although we make every effort to always process all orders placed, there may be exceptional circumstances that require us to refuse to process an order after sending the Order Confirmation message and we reserve the right to do so at any time. We will have no liability to the Customer or any third party for the removal of any product from this Site, for the removal or modification of any material or content from this Site, or for failure to process an order after the Order Confirmation message has been sent.

Martinclinic will notify the Customer of the unavailability of an ordered product, with the Customer having the possibility to accept or refuse the partial order.

For information related to the order, you can call the phone number 0040754 882 288, from Monday to Friday, between 10 a.m. and 4 p.m., or send an email to office@martinclinic.ro.

Orders placed from Monday to Friday will be processed within 24 hours of receipt, and orders placed on Saturdays and Sundays will be processed every Monday. In the event that these data change, the new terms will be announced both on the Site and in electronic communication.

6. CONCLUSION OF THE CONTRACT

The information provided in the Terms and the data contained in this Site do not constitute an offer for sale, but an invitation to offer. There will be no contract between the Customer and Martinclinic in relation to any product until your order is expressly accepted by us. If the offer is not accepted and funds have already been withdrawn from your account, they will be refunded in full.

The contract for the purchase of a product (the “Contract”) is concluded only when the Dispatch Confirmation is sent.

7. PRICE OF PRODUCTS

The price of each product will be the one that is mentioned on our Website, unless there is an obvious error. Although we take care to ensure that all prices shown on our Site are correct, errors may occur. If we discover a price error on any product(s) in your order, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. If we cannot contact you, for reasons beyond our control, the order will be considered canceled and, if you have already paid for the product(s), we will refund the full amount paid.

We are under no obligation to sell any product at an incorrect lower price (even where you have received Dispatch Confirmation from us) if the price error is obvious, unmistakable and could reasonably have been identified by you as an error.

The prices displayed on our Website include VAT, but do not include delivery costs, which will be added to the total amount due.

Prices may be revised at any time without prior notice, but (except as noted above) any potential change will not affect any order of yours for which, prior to the price change, an Order Confirmation has already been sent.

8. PAYMENT OF PRODUCTS

After the Customer has selected all the products they want to buy by adding them to the shopping cart, the next step is to go through the checkout process and make the payment. 

To do this, the Customer must follow the steps in the purchase process, completing or verifying the information requested at each step. Moreover, throughout the purchase process, before making the payment, the Customer can change the order data. Also, if the Customer is a registered member, a history of all orders placed by them will be available in the “My Account” section.

Payment options differ depending on the country of delivery. If the country of delivery is Romania, all the forms of payment presented below are available, and if the country of delivery is other than Romania, payment can only be made by payment order or online.

The payment methods are: cash on delivery, payment order or online:

1. Reimbursement by Courier (Cash on delivery)
2. Payment order

MARTIN CLINIC S.R.L, Vlad Județu street, no. 46, Bucharest, ground floor, order number in the Commercial Register J40/3037/07,03,2019, CUI 40748214

Account in case of payment in RON: RO68BTRLRONCRT0489115501

1. Online

Payment is made in complete security, without charging any kind of commission. The card information is processed through the BT Pay payment processor, and martinclinic.ro does not request or store any details related to the Customers’ card. For the correct completion of the transaction, you must provide the card code (all digits from the four groups on the front of the card, without spaces), the expiration date and the last three digits on the back of the card written on the tape with your signature (depending on the type of card, they may be missing).

Credit cards are subject to validation and authorization checks by the issuing institution. If we do not receive the necessary authorization, we will not assume responsibility for any delay in the delivery of the ordered products or, as the case may be, their non-delivery and we will no longer be able to conclude any Contract with you.

Secure Socket Layer (SSL)

The website www.martinclinic.ro uses SSL encryption on all web pages where payments are made. To be able to make purchases through these services, you must use a browser that allows SSL, such as Firefox, Safari, Google Chrome, Opera, Internet Explorer or other compatible ones, thus, we will be able to protect the confidentiality of your personal data.

3D Secure

3D-Secure is an anti-fraud system developed by Visa and Mastercard. Using this system allows increasing the security of online transactions. In case of loss or theft, the card enrolled in 3D Secure cannot be used by third parties for online shopping.

The authentication process does not require the installation of any special application on your computer, nor does it make browsing the Internet difficult.

9. DELIVERY

Subject to the provisions of Article 5 above regarding product availability, unless there are extraordinary circumstances, we will make every effort to complete your order with the product(s) listed in the Order Confirmation by the date specified in the Confirmation of said shipment or, if the estimated delivery date is not specified, within the estimated time indicated when selecting the delivery method and, in any case, within no more than 30 calendar days from the date of the Shipping Confirmation.

However, delays may occur due to unforeseen circumstances or delivery area.

If, for objective reasons, we cannot meet the delivery date, we will inform you of this situation and offer you the option of maintaining the order with a new delivery date or canceling the order with a refund of the entire amount paid. Please note that we do not deliver on Sundays.

For the purposes of these Terms, “delivery” is considered to have taken place or the order is considered to have been “delivered” when you enter or a third party designated by you enters physical possession of the products, as evidenced by a signature of receipt of order to the agreed delivery address.

If the product order does not reach you within the estimated delivery time, please contact us using the following data: 

• telephone number 0040754 882 288  
• email address: office@martinclinic.ro.

In case of delivery by courier, in the event that the Customer is not found at the mentioned address, within the time interval established by mutual agreement, the courier will return once more after managing to contact them, after which the order will be canceled and the product returned at the Martinclinic headquarters, the Customer bearing the costs of a new delivery, regardless of the value of the products ordered. In this case, the delivery address of the package will be confirmed together with a Martinclinic customer advisor, by phone or email.

If the parcel shows signs of damage (torn, opened package, etc.) we recommend that you refuse to pick up the parcel and notify us of this at the e-mail address office@martinclinic.ro.

After opening the package, if it contains damaged products, or if they do not correspond to the products invoiced, please contact us within 24 hours of receiving the package at the email address office@martinclinic.ro and attach a picture of the products or the package.

Martinclinic is not responsible for product defects arising from handling or transport by the courier.

If the deadlines for delivery and/or initialization of the order cannot be respected, Martinclinic will notify the customer about these aspects and about the estimated deadline for completing the delivery, without any party being able to claim damages to the other regardless of the situation that generated the delay.

Delivery methods for Romania

• By Courier.

10. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

All risk related to the products (including loss and damage) shall pass to the Customer from the moment of delivery, when the Customer or a third party designated by the Customer, other than the courier, takes physical possession of the products.

The right of property of the products will only pass to the Customer after we receive full payment of all amounts due for the products, including delivery costs, or upon delivery (as defined in Article 9 above), if this takes place at a later date. Legal title to the products will immediately revert to Martinclinic if we reimburse the Customer for any such payment.

11. POLICY REGARDING THE RETURN OF PRODUCTS

Right of withdrawal

The Customer has the right to withdraw from the contract, without specifying the reasons, within 14 calendar days, according to O.U.G. no. 34/2014. The withdrawal period expires after 14 days starting from the day on which the Customer or a third party, other than the carrier, indicated by the Customer, takes physical possession of the products.

In order to exercise their right of withdrawal, the Customer is obliged to notify Martinclinic of their intention to return the purchased products through a written communication to the address Vlad Județu Street no. 46, ground floor, Bucharest, sector 3 or by sending an e-mail to: office@martinclinic.ro, within a maximum of 14 days after receiving the products.

Effects of withdrawal

If the Customer exercises their right of withdrawal, they must return the products in the same condition in which they were delivered (in the original packaging with all the documents that accompanied it: boxes, labels, instructions/other documents (if any) etc. ) within no more than 14 days from the date on which the Customer notified Martinclinic of the intention to withdraw from the contract.

We return the value of the product, by bank transfer, including delivery costs, within 14 days at most from the date on which you communicate your decision to withdraw from this Contract. 

The value of the additional services including but not limited to the additional delivery costs determined by the fact that a Customer has chosen a different delivery method than the standard delivery methods offered by Martinclinic, paid by the customer, is not reimbursed. 

Martinclinic can postpone the refund until the date on which it receives back the products or until the moment on which the Customer provides proof that they have sent the products to Martinclinic, the closest date being valid. In all cases, return/re-shipment costs will be borne by the Customer.

The Customer’s right to cancel a Contract only applies to products that are returned in the same condition in which they were received. No refund will be made if the product has been used after being unsealed, if it is not in the same condition as it was delivered or if it is damaged. By opening the individual packaging in which the ordered products were delivered, it means that the products have been unsealed, that they are the ones ordered and meet your requirements, these products can no longer be returned to Martinclinic and can no longer be subject to the Customer’s right of withdrawal.

12. MANAGEMENT OF COMPLAINTS. GUARANTEE

In the event of adverse/unpleasant reactions as a result of using the products, you are asked to notify Martinclinic, describing the problem in detail, for a correct and relevant assessment by our specialists. To get in touch with them, please fill out the contact form on the website.

Legal guarantee of compliance

The warranty conditions are in accordance with Law 449/2003 on the sale of products and their associated guarantees and OG 21/1992 on consumer protection.

In case of non-conformity, it is necessary to present the non-conforming product in its original packaging, together with the related accessories as well as the proof of its purchase (copy of the tax invoice). If the products arrive unaccompanied by documents, the products can be returned to the applicant/shipper without the warranty being settled.

13. INTELLECTUAL PROPERTY AND COPYRIGHT

This site is protected by copyright.

All the content of the website www.martinclinic.ro, including texts, images, graphic elements, audio and video files, trademarks, service marks, designs and industrial models, trade names are the exclusive property of Martinclinic and cannot be reproduced, modified, transmitted, reused, appropriated, used, or used publicly or for commercial purposes, without obtaining the prior written consent of Martinclinic. 

Martinclinic is the only entity authorized to use the intellectual and industrial property rights and the publicity rights related to them, it does not grant any license, any other right than that of consulting the Site.

Any reproduction or representation, in whole or in part, of the site or any of the elements that compose it, regardless of what support and regardless of what form, for other purposes, especially commercial, is expressly prohibited.

Any request for authorization must be sent to the following address: Martinclinic – 

Vlad Judetul Street no 46, ground floor, Bucharest, sector 3 or e-mail: office@martinclinic.ro. 

Any unauthorized use, violation of copyright or other intellectual and industrial property protection rights may result in civil or criminal proceedings.

14. ASSIGNMENT AND SUBCONTRACTING

The contract concluded between Martinclinic and the Customer is binding for each of the parties.

The customer may not transfer, assign, strike or alienate in any other way a Contract or any of its rights or obligations arising from it, without first obtaining Martinclinic’s written consent.

Martinclinic may transfer, assign and/or subcontract or alienate in any other way a Contract or any of our rights or obligations arising from it, at any time and throughout the duration of the Contract. For the avoidance of doubt, any such transfer, assignment, encumbrance or other disposition shall not affect the Customer’s legal rights as a consumer and shall not void, reduce or otherwise limit any warranty expressly or implicitly granted to the Customer.

15. NOTIFICATIONS

Martinclinic can send you notifications regarding the activity of the company and the Website www.martinclinic.ro to the e-mail address entered in the notification subscription form or by other means of communication. Receiving notifications involves selecting the appropriate option by filling out a form by the Customer via the www.martinclinic.ro website or via a Martinclinic company campaign page, as well as unconditional acceptance of the Terms, if they have not expressed this agreement.

The data collected from the Customer for the purpose of sending notifications can and will be used by Martinclinic within the limits of the GDPR Policy.

Opting out of receiving notifications by the Customer can be done at any time by the following methods:

1. Using the specially intended link within the newsletters.
2. By contacting Martinclinic, in accordance with the contact information, and without any subsequent obligation of either party to the other or without any party being able to claim damages to the other.

Opting out of receiving notifications does not imply waiving your acceptance of the Terms and Conditions.

Martinclinic reserves the right to select the people to whom it will send notifications as well as the right to remove from its database any Customer who has previously expressed consent to receive notifications, without any subsequent commitment from Martinclinic, or any notification prior to it.

Martinclinic will not include in the notifications sent to the Customer any other kind of advertising material in the form of content that refers to any third party that is not a partner of Martinclinic, at the time of sending the newsletter.

16. DISPUTES

Any relationship established through the purchase of products or services through the Site is regulated and interpreted in accordance with the laws of Romania, and the Customer agrees to submit to the exclusive jurisdiction of the competent courts in Romania.

Any conflict between Martinclinic and another party is subject to an amicable solution. If a common point is not reached through this method, the competence rests with the Bucharest courts.

17. TERMINATION

Martinclinic reserves the right to terminate the activity of the Site without any prior notification.

18. OTHER CLAUSES

These Terms, and any document to which reference is expressly made, constitute the entire agreement between the Customer and Martinclinic regarding the subject matter of any Contract and supersede any other agreement, any other understanding or any other prior verbal or written arrangement between the Customer and Martinclinic .

Martinclinic reserves the right to make any changes to these provisions, as well as any changes to the Site/its structure, including changes that could affect the Site and/or any content without prior notification to the Customer.

Martinclinic cannot be held responsible for any errors appearing on the Site for any reason, including due to changes, settings, etc., which are not made by the Site administrator.