Terms and Conditions

1. General aspects

PRO BEAUTY RETAIL SRL, with its registered office in Salonta, Str. Iosif Vulcan 13, Bihor County, registered with the Trade Register under no. J2018003344054, having the unique fiscal registration code RO40361357 (hereinafter referred to as "ProBeauty" or "We") is a company operating in the retail market, offering a wide range of professional products, namely perfumes, cosmetics, skincare products, equipment, and other consumables. The products promoted and offered for sale by ProBeauty will be referred to throughout these Terms and Conditions as "the Products".

Our products are sold through the website https://probeauty.ro/ and its subdomains ("the Website"), as well as through stores under the ProBeauty brand ("ProBeauty Stores").

This set of terms and conditions ("Terms and Conditions" or "T&C") establishes:

a) the conditions under which a User may access and use the Website; as well as
b) the contractual conditions governing the relationship between ProBeauty and its Customers who purchase Products through the Website or via a telephone order.

2. Definitions

For the purpose of these T&C, with the exception of terms defined elsewhere, the terms defined below shall have the following meanings:

Account	the Customer's personal digital environment within the Website, which the Customer can access by using the available authentication methods and provided authentication data;
Content	- all information on the Website that can be visited, viewed, or otherwise accessed using electronic equipment, including, but not limited to, logos, stylized representations, commercial symbols, static images, dynamic images, text, and/or multimedia content; - the content of any email sent to Users or Customers by ProBeauty through electronic means and/or any other available means of communication; - any information communicated to the User or Customer by any means by a ProBeauty employee; - information related to the Products and/or prices practiced by ProBeauty during a certain period; - data related to ProBeauty and/or the Website, or its other privileged data.
Customer	any User who places an Order through the Website or by phone;
User	- any natural person, at least 18 years old, with full legal capacity, - any representative of a legal entity and/or sole proprietorship, registered and operating in accordance with Romanian laws;
Order	an electronic document that serves as a form of communication between ProBeauty and the User, through which the User conveys to ProBeauty, via the Website, their intention to purchase Products presented on the Website;
Telephone Order	the request made by phone by the Customer, by following the necessary steps, with the aim of purchasing Products, in accordance with the provisions of these Terms and Conditions, from ProBeauty.
Distance Contract	according to the law, represents the contract concluded between ProBeauty and the Customer without the simultaneous physical presence of the two parties, using exclusively one or more means of distance communication, up to and including the moment the contract is concluded, and which is subject to specific information requirements for the Customer by ProBeauty, before the effects of the concluded contract take place;
Transaction	the collection or refund of an amount resulting from the sale of a Product by ProBeauty to the Customer, including through the use of the services of the payment processor agreed by ProBeauty, regardless of the delivery method.

3. Acceptance of Terms and Conditions and Sales Rules

By accessing and using the Website or by any other means of accessing the Content, the User acknowledges and accepts the T&C, as well as other relevant policies for the Website. For proper use of the Website, the User is obligated to read carefully and comply with the T&C, as well as any other relevant policies of the Website, as they are displayed on the Website or as they will be notified to the User at a specific time.

The ability to place an Order is available only to Users residing in Romania who explicitly indicate a delivery address within Romanian territory to ProBeauty.

BY CHECKING THE "I ACCEPT THE TERMS AND CONDITIONS" BOX, THE USER EXPLICITLY AGREES TO COMPLY WITH ALL CLAUSES IN THIS SET OF TERMS AND CONDITIONS, AS WELL AS ANY OTHER SPECIFIC TERMS AND CONDITIONS APPLICABLE AT THE TIME OF AN ORDER.

FURTHERMORE, BY PLACING AN ORDER THROUGH THE WEBSITE OR BY TELEPHONE CONTACT, THE USER AGREES THAT THIS IMPLIES A DIRECT OBLIGATION TO PAY PROBEAUTY THE VALUE OF THE ORDERED PRODUCTS, AS WELL AS ANY ADDITIONAL FEES, AS INDICATED. IF YOU DO NOT AGREE WITH THE PROVISIONS OF THESE TERMS AND CONDITIONS, OR AS THE CASE MAY BE, THEIR UPDATED PROVISIONS, PLEASE STOP USING THE PROBEAUTY.RO WEBSITE AND DO NOT ACCESS THIS SITE AGAIN.

ALSO, YOU CAN SEND A REQUEST TO DEACTIVATE YOUR ACCOUNT AND, IMPLICITLY, YOUR CUSTOMER STATUS TO OFFICE@PROBEAUTY.RO.

Account deactivation due to a Customer's request will not affect the rights and obligations arising between the parties until the date of termination of Customer status, including in the context of Product Orders placed by a Customer through the Website.

The revocation of consent and deletion of the Account also implies the deletion of personal data associated with it, with the exception of personal data whose processing is necessary even after Account deletion (for details, please refer to the Privacy Policy).

4. Modification of Terms and Conditions

ProBeauty reserves the right to unilaterally modify the T&C at any time, as well as any other relevant policies on the Website. Continued use of the Website in any way, including by placing Product Orders, after the modification of the T&C constitutes the Customer's acceptance of the changes made. The modified Terms and Conditions will apply to any Order/Transaction made starting from the day of their modification.

The last update to these Terms and Conditions was made on May 15, 2023.

5. Intellectual Property Rights

The Content is the exclusive property of ProBeauty and, where applicable, its collaborators, all rights obtained directly or indirectly in this regard (through usage and/or publication licenses) being reserved to them.

The User or Customer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or alter, use, reproduce, include any Content in any context other than the original one intended by ProBeauty, include any Content outside the Website, remove signs indicating ProBeauty's copyright over the Content, or participate in the transfer, sale, distribution of materials created by reproducing, modifying, or displaying the Content, without the express, prior, and written consent of ProBeauty.

Any Content to which the User or Customer has and/or obtains access by any means is subject to these Terms and Conditions, without any implicit or express guarantee from ProBeauty regarding that Content.

The User or Customer may copy, transfer, and/or use the Content only for personal purposes and without commercial intent. Except as stated above, the Content may not be reproduced, modified, and exploited, regardless of the commercial or non-commercial purpose of such exploitation.

No Content transmitted to a User or Customer, by any means of communication (electronic, telephone, etc.) or acquired by them through access, visit, and/or viewing, constitutes a contractual obligation on the part of ProBeauty and/or its employees who mediated the transfer of Content, if it exists, regarding that Content.

The Content may be modified at any time by ProBeauty, images, design, text, graphics, logos, multimedia content, as well as other aspects related to the Website and, respectively, the Content having the character of a presentation suggestion.

Any use of the Content for purposes other than those expressly permitted by these T&C is prohibited. Requests for the use of Content for purposes other than those expressly permitted by these T&C can be sent to the email address: office@probeauty.ro.

Violation of this section grants ProBeauty the right to take legal actions and measures, including seeking compensatory damages, against the unauthorized use of the Content, in order to repair potential material and reputational damage caused to us.

5.1. Order General Rules

Access for placing an Order through the Website is permitted to any User, regardless of whether they have chosen to create an Account, who follows the process of an Online Order or Telephone Order (as indicated below) and accepts the provisions of the Terms and Conditions.

A User can only have one Account. Sharing an Account between multiple Users is prohibited.

ProBeauty reserves the right to restrict or exclude the User's or Customer's access to placing an Order, as well as to some of the accepted payment methods, respectively to delete or restrict the Account, within the limits of the law, if it considers that, based on the conduct or activity on the Website, access to placing an Order and the existence of the Account could harm or is harming ProBeauty or other Users/Customers in any way.

Furthermore, ProBeauty reserves the right, at its own discretion, without any other notification or formality and without having to explain its attitude, to suspend or terminate access to the Account, Website and/or Content if it finds irregularities and/or violations of any kind of the provisions of this chapter, which lead to harm or disruption in any way of our activity.

5.2. Characteristics of Products offered for sale on the Website

ProBeauty may publish on the Website information about the Products and/or promotions practiced by it or by any other third party with whom ProBeauty has entered into partnership agreements, for a certain period and within the limits of available stock.

The Products offered for sale are accompanied by a description thereof, allowing the User to become aware of the essential information regarding the characteristics of the Products before completing an Order.

All information used to describe the Products available on the Website (static/dynamic images/multimedia presentations/etc.) does not represent a contractual obligation on the part of ProBeauty, as they are used solely for presentation purposes. Product images are for informational purposes only, which is why there may be differences from the final Product. Also, it is possible that Product specifications may be changed by partners or manufacturers without prior notice, or operational errors may occur.

Product information displayed on the Website is for informational purposes only and is not intended to replace the advice of specialists in various fields.

In describing the Products, ProBeauty reserves the right to use other products (accessories, etc.) that may not be included in the cost of the described/presented Products.

5.3. Product Availability and Offer Validity

Product offers and prices displayed on the Website are valid as long as they are visible on the Website and within the limits of available stock. Offers available on the Website may differ from offers found in ProBeauty Stores.

If the Product price or some of its characteristics have been erroneously displayed on the Website, we reserve the right to cancel the delivery of the respective Product and to notify the Customer as soon as possible about this situation, this situation not entailing any contractual obligation for ProBeauty.

Available Products and offers will be marked on the Website by the presence of the "Add to cart" button next to them. The mere act of adding Products to the cart does not constitute automatic order validation and Product reservation, and it is possible that between the time the Product is added to the cart and the time the Order is validated by the User, the Product/Products may become unavailable, or their price may change, and ProBeauty is not responsible for this.

If a Product becomes unavailable after being added to the cart, the User will be informed accordingly.

5.4. Online Order

The User can register Product Orders through the Website by adding the desired Product/Products to the shopping cart, by following the instructions and steps displayed on the Website, then validating the Order by making payment through one of the expressly indicated payment methods. Also, an Order can be registered through the chat available on the Website, by following the instructions and steps communicated by the ProBeauty operator. For orders via chat, the terms indicated in section 5.5. "Telephone Order" will apply accordingly.

Adding a product to the shopping cart without validating the Order does not automatically reserve it. Before validating the Order, the User will be provided with a summary of the order-related information (number of Products ordered, value of the Products, shipping cost, billing details, delivery method, and selected delivery address).

By placing an order on our website, the customer accepts that this order does not represent a firm confirmation of product availability or delivery. The order will be checked and may be confirmed within a maximum of 5 working days from the time it is placed.

Also, the processing and shipment of placed Orders are carried out within the limits of available stock and after Order confirmation.

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

By completing the order, the Customer acknowledges that ProBeauty may contact them, by any available means provided in these T&C, in any situation where it is necessary to contact the Customer. ProBeauty may request additional information about the Order, including but not limited to the delivery address, if the information provided by the Customer is not sufficient to fulfill the Order. In this case, the Order will be validated and the Distance Contract will be considered concluded only on the date of receipt of the new requested information.

ProBeauty may unilaterally cancel the Order placed by the Client, following a notification, sent by any means of communication, including by telephone, addressed to the Client, without any subsequent obligation of one party towards the other or without any party being able to claim damages from the other in the following cases:

1. non-acceptance by the Client's card-issuing bank of the Transaction, in the case of online payments;
2. invalidation of the Transaction by the payment processor agreed by ProBeauty, in the case of online payments;
3. the data provided by the Client on the Website are incomplete or incorrect;
4. the Client's activity on the Website may and/or cause damage of any kind, or in any way harm ProBeauty and/or its partners;
5. more than two consecutive failed delivery attempts for the same order.
6. based on Art. 17 of Government Ordinance 99/2000 regarding the marketing of market products and services

The Client may cancel a placed Order, under the conditions provided in art. 9 of Government Emergency Ordinance no. 34 of 2014 regarding consumer rights within contracts concluded with professionals, as well as for the amendment and completion of certain normative acts.

If the Client cancels a bank card order within the legal withdrawal period from the Distance Contract, and the Client's card-issuing bank has transferred the paid amounts to ProBeauty's account, this amount will be refunded by ProBeauty no later than 14 days from the date on which ProBeauty became aware of the exercise of the right of withdrawal, using the same payment methods as those used by the Client for the initial transaction, unless the Client has agreed to another payment method, expressly indicated in writing by them. As a result of a withdrawal from the concluded Distance Contract, the Client will not be charged any fees for the refund, these being fully borne by ProBeauty.

If a Product ordered by the Client, having previously made a bank card payment, cannot be delivered by ProBeauty, the latter will inform the Client about this fact and will return the equivalent value of the Products to their account, within a maximum of 7 days, calculated from the date ProBeauty became aware of this fact or from the date the Client expressly stated their intention to withdraw from the Distance Contract as a result of this fact.

The Client has the right to cancel or modify the content of an Order paid by card, within a maximum of 24 hours from its placement. To this end, the Client will send a written request to ProBeauty for cancellation or modification of the Order to the address office@probeauty.ro

If the Client has modified the Order, and the value of their new Order is less than the value of the initially ordered Products, ProBeauty will return to the Client's account the amount representing the difference between the value of the initial Order and the new Order, within a maximum of 14 days from the date ProBeauty became aware of this fact.

A cancelled Order cannot be reactivated; a new Order must be placed on the Website.

There is no lower or upper limit for the value of Orders that can be placed through the Website. However, if the Client chooses to pay the total value of the Order in cash, the respective Order value cannot exceed the ceilings provided in Law no. 70/2015 for strengthening financial discipline regarding cash collection and payment operations and for amending and supplementing Government Emergency Ordinance no. 193/2002 regarding the introduction of modern payment systems or any other applicable normative act regulating such ceilings.

The history of Orders placed by Users with an Account can be consulted at any time on the Website in the "My Account" section.

5.5. Telephone Order

The User can place telephone orders for products by calling +40 373 814 285
from Monday to Friday, between 09:00 AM – 5:00 PM, and following these steps:

1. ProBeauty will take the User's telephone Order for Products;

2. To take the Order, the ProBeauty operator will request information from the User regarding their name, surname, phone number, email address, delivery address, as well as details about the desired Products;

3. After placing the telephone Order, the User will receive an email (to the provided email address) with the payment link, as per point 5 below, including details of the ordered Products, the total cost of the telephone Order, including delivery and collection/packaging costs, as well as an identification number for the telephone Order;

4. The User will confirm to ProBeauty by: (a) phone or (b) email, the following: (i) the registered telephone Order corresponds to the phone discussion and
   (ii) agreement regarding the payment of the total cost of the telephone Order;

5. ProBeauty will send the User an email with a payment link for the agreed telephone Order, stating the obligation to comply with the payment deadline indicated in point 7 below;

6. Payments for telephone Orders are made cash on delivery, by bank transfer after requesting a proforma invoice, or by card, in RON, by accessing the payment link received by email:

7. The User will access and make the payment within a maximum of 30 minutes from sending the payment link mentioned above, otherwise the telephone Order will be cancelled;

8. ProBeauty will process the telephone Order immediately after payment confirmation and will send the User an email confirming the telephone Order, including information regarding the Order summary, the total cost of the Order, the estimated delivery/collection schedule, and a copy of these T&C will be attached. The Distance Contract is considered validly concluded at the moment ProBeauty confirms it by sending the email as per this article.

Products can be ordered by phone with the other provisions of these T&C applying accordingly.

5.6. Contract and Completion

ProBeauty will include in the package sent to the Client, depending on the type of each Product, all necessary documents to attest the purchase of the Products by the Client. Additionally, ProBeauty may include promotional materials in the package to promote its own products or campaigns (or those of third-party partners) as well as gifts intended for Client loyalty.

ProBeauty will facilitate informing the Client about the completion status of their Order.

Subject to payment of the Order value, ownership of the Products will be transferred at the moment the Client signs the documents attesting to the delivery of the Products, by any means practiced by the delivery service, and the Distance Contract is considered executed between the parties, the Order being fulfilled.

6. Prices, Payment Methods and Invoicing

The prices of the Products presented on the Website are expressed in RON and include all taxes, excluding the delivery cost or other costs applied by the delivery service, including the cash processing fee in the case of cash-on-delivery orders, as applicable. For clarity, Prices include VAT, and any legal changes regarding the amount of this tax will be reflected in the price of the Products at the time the normative act regarding VAT comes into force.

Price reductions will be highlighted on the Website, by striking out the last price at which the Product was sold, and displaying the applied discount and the new price for the respective Product next to it. These tariffs are purely informative and have no legal value.

Prices and price reductions will be displayed in RON currency. The reference currency for calculating, paying, and invoicing ordered Products will be the local currency lei (RON). To avoid any doubt, in the case of online payments, the Client is solely responsible for any additional costs incurred by them, including but not limited to currency conversion fees applied by their card-issuing bank, if the currency of issue differs from RON.

The final price paid by the Client is made up of the purchase price of the Product plus the delivery cost and the cash processing fee in the case of cash-on-delivery orders, as applicable.

Orders placed on the Website can be paid for using the following methods:

• Cash on delivery;
• Bank transfer (payment order);
• Online payment by bank card.

ProBeauty uses Shopify Payments, a secure online payment processing platform, for all transactions made on the probeauty.ro website. Shopify Payments is operated by Shopify International Limited and adheres to the highest industry security standards.

Accepted cards: We accept the following card payment methods:

• Visa
• Mastercard
• Maestro
• American Express
• Discover (where available)

Security and compliance: All transactions are processed in accordance with PCI DSS (Payment Card Industry Data Security Standard). Your card data is encrypted and transmitted securely, without being stored on ProBeauty's servers.

Bank processing: Payments are processed through Shopify Payments' partner banks. Transactions may appear on your bank statement as "SHOPIFY*PROBEAUTY" or similar.

Authorization and verification: When placing an order, your bank may request additional authentication via 3D Secure (Verified by Visa, Mastercard SecureCode) for fraud protection.

Currency: All prices are displayed in RON (Romanian Lei). If you pay with a card issued in another currency, the conversion will be performed by the issuing bank of the card, according to its exchange rate.

Refund policy: In case of approved returns, amounts will be refunded to the same card used for purchase, within 5-10 business days, depending on the issuing bank's policy.

Important to know! - No commission is charged for bank card payments!"

Invoicing of purchased Products is done exclusively in RON. If payment is made by bank card, ProBeauty will debit the Client's current account with the amounts representing the value of the ordered products, after sending the Order confirmation to the Client.

The fiscal invoice will be sent by e-mail to the e-mail address specified in your order on the day the package is shipped. If you have not received the fiscal invoice by e-mail, please contact us at office@probeauty.ro

7. Delivery information

Delivery is free for orders with a value greater than or equal to 200 RON. The delivery fee is 14.90 RON for orders with a value less than 200 RON.

Orders are shipped from the warehouse within 24* hours for orders placed on the website from Monday to Thursday, until 3:00 PM, but *the delivery period may be extended in certain isolated situations (e.g., unfavorable weather conditions, public holidays, unforeseen technical issues, etc.). We will notify you if we encounter any of the aforementioned situations.

Product delivery details, including but not limited to delivery time, do not constitute a contractual obligation on the part of ProBeauty, except for the obligations to deliver the ordered products within the legal term of 30 days from the date of conclusion of the Distance Contract.

8. Quality and Warranty

Every Product purchased by a Client, who is a natural person, benefits from a conformity warranty according to the provisions of Law no. 296/2004 regarding the Consumer Code, with subsequent amendments and additions, and those of Emergency Ordinance no. 140/2001 regarding the sale of products and their associated warranties, with subsequent amendments and additions. Clear details about the characteristic features of each Product are provided on its presentation page.

Electronic/electrical products purchased through the Website benefit from the commercial warranty granted by the manufacturer for a specific period, according to each individual Product. Thus, each electronic/electrical Product delivered will be accompanied by the warranty certificate or declaration of conformity, with the specifications of the manufacturer or importer.

If electronic/electrical Products become defective and are within the warranty period mentioned above, the Client can complete the Service Form, available on the Website. If the repair of the Product under warranty is impossible, the Client can opt for Product replacement, subject to stock availability, or a refund of the price paid at the time of purchasing the Product from the Website.

Consumable products such as: blades, foils, risers and casings of hair clippers and shavers, electrical cables and batteries of cordless electrical products are not covered by warranty. These parts can only be changed/repaired for a fee.

9. Right of withdrawal

The Client has the right to withdraw from the Distance Contract, respectively to return a Product, within 14 calendar days, without stating any reason and without incurring any costs other than delivery costs, only in the condition it was received (unused, unopened). Thus, according to Government Emergency Ordinance no. 34 of 2014 regarding consumer rights within contracts concluded with professionals, as well as for the amendment and completion of certain normative acts, the period for returning a Product expires within 14 days from:

• the day on which the Client or a third party indicated by the Client physically takes possession of the Product;
• the day on which the Client or a third party indicated by the Client physically takes possession of the last Product – if the Client orders several Products with a single order, which will be delivered separately;
• the day on which the Client or a third party indicated by the Client physically takes possession of the last Product or the last part – in the case of delivery of a Product consisting of several lots or parts.

The following are exempted from the right of withdrawal from the Distance Contract:

1. Supply of Products manufactured according to specifications presented by the Client or clearly personalized;
2. Supply of Products which are liable to deteriorate or expire rapidly;
3. Supply of sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed by the Client (Hair clippers and trimmers, straighteners, curlers, hair dryers, cosmetic appliances);
4. Supply of Products which are, after delivery, according to their nature, inseparably mixed with other items;
5. Supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Client's explicit prior consent and after he has confirmed that he has acknowledged that he will lose his right of withdrawal.

To register a return, the Client has the following options:

1. Call the phone number +40 373 814 285 or
2. Send an email to office@probeauty.ro with the subject "Return".
3. Complete the Return Form available on the Website.

The shipping cost for a return is fully covered by us

In the event that, after receiving the returned Product in the warehouse, the return is not accepted by ProBeauty for reasons related to non-fulfillment of return conditions (used product, damaged packaging, etc.), the Client is informed about the reasons for non-acceptance of the return, and the Product will be returned to the Client.

9.1 RETURN POLICY

According to the provisions of GEO 34/2014 regarding consumer protection when concluding and executing distance contracts: "The consumer has the right to notify the trader in writing that he withdraws from the purchase, without penalties and without invoking a reason, within 14 days from the receipt of the product or, in the case of service provision, from the conclusion of the contract."
The return period for a Product expires within 14 days from:
• the day on which the Client or a third party indicated by the Client physically takes possession of the Product;
• the day on which the Client or a third party indicated by the Client physically takes possession of the last Product – if the Client orders several Products with a single order, which will be delivered separately;
• the day on which the Client or a third party indicated by the Client physically takes possession of the last Product or the last part – in the case of delivery of a Product consisting of several lots or parts.
Returned products must be in the same condition in which they were delivered, not used, show no signs of use, and contain all relevant accessories.
If you wish to return purchased products, the legal term for money refund is 14 days from the date of receipt of the last product in the order or the request for another product for exchange, at a minimum value equal to the returned one.
Please note:
• the refunded value may be reduced if the returned product is not in the condition in which it was purchased;
• if you return a damaged or used product in a way that significantly reduces its value, we reserve the right to reduce or refuse a refund.
• when returning the product, please ensure it is securely packaged, preferably in its original packaging.
The following are exempted from the right of withdrawal from the Distance Contract:

1. Supply of Products manufactured according to specifications presented by the Client or clearly personalized;
2. Supply of Products which are liable to deteriorate or expire rapidly;
3. Supply of sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed by the Client (Hair clippers and trimmers, straighteners, curlers, hair dryers, cosmetic appliances);
4. Supply of Products which are, after delivery, according to their nature, inseparably mixed with other items;
5. Supply of digital content which is not supplied on a tangible medium, if the performance has begun with the Client's explicit prior consent and after he has confirmed that he has acknowledged that he will lose his right of withdrawal.
   To register a return, the Client has the following options:
6. Call the phone number +40 373 814 285 or
7. Send an email to office@probeauty.ro with the subject "Return".
8. Complete the Return Form available on the Website.
   The shipping cost for a return is fully covered by the Client.
   In the event that, after receiving the returned Product in the warehouse, the return is not accepted by ProBeauty for reasons related to non-fulfillment of return conditions (used product, damaged packaging, etc.), the Client is informed about the reasons for non-acceptance of the return, and the Product will be returned to the Client.

10. Contact

For any information regarding the Website or Orders, Users or Clients can send a request by accessing the "Contact" section of the Website. Also, Clients can call the phone number displayed on the Website Monday to Friday between 9 AM and 5 PM.

ProBeauty reserves the right not to respond to requests of any nature that are not related to the Products on the Website or to a Distance Contract concluded with a Client, received by any means of communication (electronic, phone call, SMS, etc.).

11. Limitation of Liability

ProBeauty cannot be held responsible in any way by a User or Client who uses the Website or Content under conditions other than those stipulated in these Terms and Conditions.

If a User or Client considers that Content sent by any means by ProBeauty infringes intellectual property rights or any other rights, they can contact ProBeauty for details, according to the contact details, so that ProBeauty can make an informed decision.

ProBeauty is not responsible for the Content, quality, or nature of other domains reached via links within the Content, regardless of the nature of these links. The owners of those domains are solely responsible for the content of their respective domains.

ProBeauty is exempt from any liability in case of the use of the Website and/or the Content transmitted to the User or Client, by any means (electronic, telephone, etc.), through the Website, e-mail, or by a ProBeauty employee, when this use of the Content may or does cause damage of any kind to the User or Client and/or any third party involved in this Content transfer.

ProBeauty offers no direct or indirect guarantees that:

• the Website will meet the User's requirements;
• the Website will operate uninterrupted and without any errors;
• products obtained free of charge or for a fee through the Website will meet the Client's expectations.

Within the limits provided by law, ProBeauty assumes no responsibility, in any situation, for any damage, caused directly or indirectly, for any direct or indirect loss of profit (including, but not limited to: damages for loss of profit, business interruption or other pecuniary damages), suffered as a result of the use or interruption of use or lack of regularity of the information and services provided by the Website, even if ProBeauty had previously warned that the use of this information without a specialist consultant may generate such damages.

12. Force Majeure

ProBeauty and its affiliates cannot be held responsible for any delay or error in the Content provided by the Website, resulting directly or indirectly from causes beyond ProBeauty's control. This exemption includes, but is not limited to: malfunctions of technical equipment owned and operated by ProBeauty, internet connection failure, telephone connection failure, computer viruses, unauthorized access to ProBeauty systems, operating errors, strikes, etc.

Also, except for cases expressly provided by law, neither party to a Distance Contract, which has not been executed, shall be liable for the untimely and/or improper, total or partial non-performance of any of the obligations incumbent upon it under the Contract, if the non-performance of the respective obligation was caused by a force majeure event. Force majeure is any external, unforeseeable, absolutely insurmountable and unavoidable event.

The party or the legal representative of the party invoking the aforementioned event shall immediately and fully notify the other party of its occurrence and take all measures at its disposal to limit the consequences of the respective event.

The party or the legal representative of the party invoking the aforementioned event is exempt from this obligation only if the event prevents it from fulfilling it.

If within 15 days from its occurrence, the respective event does not cease, each party shall have the right to notify the other party of the termination of the Distance Contract by operation of law without either of them being able to claim any other damages from the other.

Advertising and Content provided by other parties

Parts of the Content may be provided by third parties with whom ProBeauty has content supply agreements. Also, advertising sections displaying advertising messages from third parties may be included within the Content. ProBeauty is not responsible in any way for the Content provided by third parties, whether it is advertising or not. Also, ProBeauty is not responsible for the Content of pages referenced from the Website.

13. Governing Law of T&C

The rights and obligations of the parties, imposed by these T&C, as well as all legal effects produced by the T&C will be interpreted and governed by the current Romanian law. Any dispute related to this agreement will be submitted for resolution to the competent courts in Romania.

14. COMPLAINTS AND GRIEVANCES. ALTERNATIVE DISPUTE RESOLUTION (ADR/ODR)

For any complaints or grievances related to a Product and/or Order, Users (including Clients) can always submit their complaint via the contact form available on the Website. ProBeauty makes every effort to respond to complaints or grievances within 30 calendar days from their receipt.

In cases where Users (including Clients):

• do not receive a response by the end of the 30 calendar days; or
• receive a response beyond this deadline from ProBeauty; or
• are dissatisfied with how ProBeauty handled the complaint/grievance;

they have the right to resort to alternative dispute resolution procedures (ADR/ODR).

ADR (Alternative Dispute Resolution) is an alternative mechanism to the judicial system, offering consumers the possibility to resolve potential disputes when they encounter a problem related to the purchase of a Product.

For alternative dispute resolution, the User's (including the Client's) complaint or grievance can be submitted in writing directly to the Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection at the following contact details: address: Bucharest, Aviatorilor Boulevard no. 72, sector 1, postal code 011865, tel: 021.307.67.69; fax: 021.314.34.62, e-mail: dsal@anpc.ro. The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection is competent to alternatively resolve national and cross-border disputes arising from sales contracts or service contracts concluded with a trader operating in Romania and is included in the list of ADR entities at European level, available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2”. For more details, Users (including Clients) can access the link displayed on the Website in the ADR section.

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

ADR and ODR do not represent two different mechanisms for resolving potential complaints/grievances, but rather they exist as a single mechanism, representing one and the same tool with identical purpose, objective and outcome. The difference between ADR and ODR is represented by the access method / initial format of the respective complaint/grievance, so that in the case of ADR, the consumer's method of address is a classic one, in writing (by email, by post), while in the case of ODR, the consumer opts for completing a form available on a digital platform, exclusively online.