Envisage.ai is the brand belonging to the company Envisage.ai SRL WEBSITE – The envisage.ai domain and its sub-domains.
Envisage.ai is the brand belonging to the company Envisage.ai SRL WEBSITE – The envisage.ai domain and its sub-domains.
CONTENT has the following definition:
SERVICE – electronic commerce service driven exclusively on publicly available portions of the WEBSITE, for the purposes of granting the possibility for the CUSTOMER to purchase products and/or services using electronic means, including also other means of distance communication.
MEMBER – Natural person who has or gets access to the CONTENT, by any means of communication (electronic, phone, etc) or on the basis of an usage agreement between Envisage.ai and it and which requires the creation and use of an ACCOUNT.
ACCOUNT – the assembly consisting of an e-mail address and a password allowing access to a single MEMBER to restricted areas of the WEBSITE which allows access to the SERVICE
CUSTOMER – the person who has or gets access to the CONTENT subsequently to the creation of a MEMBER ACCOUNT.
ORDER – an electronic document that comes as a form of communication between the Seller and the Buyer, by which the Buyer transmits the Seller, through the Website its intention to purchase Goods and Services from the Website.
RRP price – is showed being cut by a horizontal line- “cut price”. For products which are not discounted compared to the RRP price, this one is not displayed. The RRP price, that you can see on the page of each product, along with the selling price offered/practiced by Envisage.ai, is the selling price without discount recommended by our provider (Recommended Retail Price). We display this price to be used in the comparative assessment of the product costs, so you will find it next to each product, above or after the selling price of Envisage.ai.
DOCUMENT – these Terms and Conditions
Distance AGREEMENT – according to the definition given in the GEO 34 of 4 June 2014 on consumer rights within the agreements concluded with the professionals, as well as for the amendment and completion of certain normative acts Article 2 point 7, as this transposed Directive 2011/83/EU on consumer rights: any agreement concluded between a professional and the consumer under an organized distance system of sales or service-provision scheme, without the simultaneous physical presence of the professional and of the consumer, with exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded;
NEWSLETTER / ALERT – the periodic means of information, only electronic, on products, services and/or promotions carried out by Envisage.ai over a given period, without any commitment from Envisage.ai with reference to the information contained therein.
TRANSACTION – collection or refund of an amount resulting from the sale of a product / service by Envisage.ai to the CUSTOMER, by using the services of the card processor approved by Envisage.ai or by bank transfer, whatever their way of delivery.
2.1. The document lays down the terms and conditions of use of the Website/Content/Service by the Member or the Customer, in the case in which it does not have a valid user agreement, concluded between Envisage.ai and it.
2.2. The use, including, but not limited to access, visiting and viewing the Content/Service, involves the accession of the Member or the Customer to these terms and conditions; the Customer is obliged to monitor continuously the terms and conditions which can be updated, amended and supplemented. In case of disagreement, the terms and conditions in force at the time of the order and of the notification thereof in writing by Envisage.ai shall apply.
2.3. Access to the Service shall be carried out exclusively by accessing the available public website www.envisage.ai
2.4. By using the Website/Content/Service, the Member or Customer is solely responsible for all activities arising by its use. It is also liable for any material, intellectual, electronic or any other material damage to the Website, the Content, the Envisage.ai Service or to any third party with which Envisage.ai has entered into agreements, in accordance with the Romanian legislation in force.
2.5. If the User or Customer disagrees and / or does not accept and / or revokes the acceptance of the Document, he will send an email to the address office@envisage.ai stating that:
2.5.1. It is waiving: the access to the Service, other services offered by Envisage.aithrough the Website, the receipt of the newsletters/alerts and/or communications from Envisage.aiof any kind (electronic, phone, etc)
2.6. In order to exercise the right referred to in Article 2.5, it may contact Envisage.aior use the links in the content received from Envisage.aidesigned for this purpose.
2.7. If the Customer has paid the equivalent of all Agreements outstanding from Envisage.aiand shall revoke the agreement expressed in favor of the Document on the period of an Order, Envisage.aiwill cancel its order without any further obligation of any part to the other or without any part to be able to claim the other damages.
2.8. This website is intended only for Members individuals who are at least 18 years of age, who have completed the appropriate registration steps and which have not been suspended or removed by DAPHYNE, regardless of the reason for suspension or elimination. The possibility of online order is available only to persons with a delivery address in Romania. By becoming a Member, the person declares that it meets the conditions mentioned above.
3.1. The content, such as defined in the preamble, including, but not limited to logos, stylized representations, trade symbols, static images, dynamic images, text and/or multimedia content presented on the website is the sole property of DAPHYNE, all the rights directly or indirectly obtained (through usage and / or publication licenses) being reserved to it.
3.2. The Member or the Customer is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, expose, including any content in any other context than the original intended by DAPHYNE, to include any content outside the Envisage.aiwebsite, to remove the signs showing the copyright of Envisage.aion the content and also the participation in the transfer, sale, distribution of materials made by copying, modifying or displaying the content, except with the express consent of DAPHYNE.
3.3. Any content on which the Member or Customer has and/or gains access by any means, is subject to the Document, if the contents are not accompanied by a specific and valid usage agreement concluded between Envisage.aiand it, and without any warranty implicitly or explicitly formulated from DAPHYNE with reference to that content.
3.4. The Member or the Customer can copy, transfer and/or use the content only for personal or non-commercial purposes, only if they do not conflict with the provisions of this Document.
3.5. In the case in which Envisage.aiconfers the Member or the Customer the right to use in the form described in a distinct usage agreement, a certain content, to which the Member has or gains access as a result of this Agreement, this right shall extend only on that or those contents defined in the agreement, only during the period of its existence or the content on the Website or the period defined in the agreement, under the conditions defined, where they exist and do not represent a commitment on the part of Envisage.aito that Member, the Customer or any other third party which has/gains access to this transferred content, by any means and which might be or is prejudiced in any way from this content, during or after the expiry of the usage agreement.
3.6. Any content transmitted by the Member or the Customer, by any means of communication (electronic, phone, etc) or acquired by it by accessing, visiting and/or viewing does not constitute a contractual obligation of the party who interceded the content transfer, where it exists, to the said content.
3.7. It is prohibited to use any of the Contents for purposes other than those expressly permitted by the document or the usage agreement attached to it, where it exists.
4.1. Envisage.aipublishes on the website the complete and accurate data for the identification and contact by the Customer or Member.
4.2. By using the contact form or the service showed on the website, the Member or Customer allows automatically Envisage.aito contact him by any means available including electronic means.
4.3. Partial or full completion of the form and submitting it is not in any way a commitment on the part of Envisage.aito contact the Member or the Customer.
4.4. Accessing the Website, the use of the information presented within it, visiting the pages or sending emails or notification to Envisage.aiis done electronically, over the phone, or by any other method of communication available to the Member or the Customer and DAPHYNE, so that the latter agrees to receive the notifications from Envisage.aiin electronic form and/or by the phone, including communication via e-mail, short messages (SMS) or by ads on the website.
4.5. The Customer declares expressly that the contact data provided belong to it (email address, phone number, delivery address) and that they can be used by Envisage.aiin its communications with the Customer.
5.1. At the moment when the Member or the Customer creates an account on the Website, accepting the Document (Terms and Conditions), it shall be entitled to express or not the agreement in respect of the receipt of newsletters and/or alerts from Envisage.aiby electronic means and/or by telephone, including also communication via e-mail, short messages (SMS) or ads on the website.
5.2. Data taken from the Member for the purposes of the dispatch of newsletters and/or alerts can and will be used by Envisage.aiwithin the limits of the Privacy policy.
5.3. The waiving of the receipt of the newsletter and/or alerts by the Member or the Customer can be at any time:
5.3.1. Using the especially designed link within any of the newsletters and/or alert received (at the bottom of the e-mail in the section ” click here ” to unsubscribe”), where this option is technically possible;
5.3.2. By changing the acceptance or to receive the newsletters and/or alerts and using the pages from restricted areas, within the Individual Member Account, on www.daphyne.com
5.3.3. By contacting Envisage.aion the data above, in accordance with the contact information and without any further obligation of any party to the other one or without any party to be able to claim the other damages.
5.4. The waiving of the receipt of newsletters and/or alerts does not involve the waiver of the consent given for the document and only applies after the transmission of the waiver intention.
5.5. Envisage.aireserves the right to select the persons to whom it will send newsletters and/or alerts as well as the right to delete from the database any Member or Customer who has expressed its prior consent to receive the newsletters and/or alerts, without any further commitment from DAPHYNE, or any prior notification thereof.
5.6. Envisage.aishall not include in the newsletter and/or alerts sent to the Member or the Customer, any other kind of advertising material in the form of content that make reference to any third party, which is not a business partner of DAPHYNE, at the time of dispatch of the newsletter and/or alerts.
6.1. Envisage.aimay collect personal data and data with special character, on the pages of its websites, only with the voluntary agreement of the Member or of the Customer, for the following purposes:
By creating its Account, each Member or Customer has expressed its consent that Envisage.aimay collect and manage its data with personal character, under the conditions and in compliance with the provisions of Law 677/2001. Also, by creating its Account each Member or Customer has agreed that DAPHYNE sends its data with personal character to the contractual partners of DAPHYNE, for the purpose of processing of such data. Envisage.aipartners, for the purpose of processing the data, are persons empowered under Law no. 677/2001 and notified to the National Authority for the Supervision of Personal Data Processing. Any Member or Customer has the right to obtain from DAPHYNE, through a written request, signed and dated, free of charge:
a) confirmation of the fact that the data relating to it are or are not processed at any given time; b) as appropriate, the rectification, update, blocking or deletion of data the processing of which does not comply with the law, in particular the data which are incomplete or inaccurate; c) the case being, the transformation into anonymous data of the data the processing of which does not comply with the law; d) notification to third parties to whom the data have been disclosed of any operations carried out in accordance with letter (b) or (c), unless this proves impossible or involves a disproportionate effort toward the legitimate interests which might be injured.
Any Member or Customer has the right to object at any time, for grounded and legitimate reasons relating to his particular situation, by submitting to Envisage.aia written application, dated and signed, that data which relates to him to be the subject of a processing, except for the cases in which there are legal provisions to the contrary. In case of justified opposition, the processing can no longer refer to the data in question.
Any Member or Customer has the right to object at any time, free of charge and without any justification by forwarding to Envisage.aia written application, dated and signed, that the data which affects it to be processed for purposes of direct marketing, in the name of the operator or a third party, or to be disclosed to third parties in such a purpose.
6.2. Envisage.aimay collect involuntarily also other data (IP address, the time of the visit, the place of the access, name and version of Internet browser, operating system, including other parameters) supplied by the internet browser through which the access to the website is made and may be used by Envisage.aito improve the services offered to Customers or its Users, or for statistical purposes; the exception is the case of infringements of the provisions of the document, in the event where the result of the actions of the Member/Customer would be contrary to the interests of or damages in any way Envisage.aiDeco and/or the prospective third parties with which Envisage.aihas partnership agreements at that time.
The cookie is a small file size, a special text, often encoded sent from a server to a web browser and then sent back (unchanged) by the navigator, every time when accessing that server. The cookie is installed through the request issued by a web-server to a browser (ex: Internet Explorer, Chrome, Mozilla) and is fully “passive” (it does not contain software programs, virus or spyware and cannot access the information on the user’s hard driver). Cookies are used for authentication and for tracking the behavior of the users; typical applications are to retain user preferences and implement the “shopping cart” system. These files make it possible to recognize the user’s terminal and presentation of the content in a manner that is relevant, adapted to the user’s preferences. Cookies provide users with a pleasant navigation experience and support DAPHYNE’s efforts to provide comfortable services to the users: ex: – preferences in terms of online privacy and the history of the shopping basket. Also, they are used in the preparation of aggregate anonymous statistics, which help for understanding of the manner in which a user benefits from www.daphyne.com, allowing the improvement of the structure and contents but excluding the personal identification of the user.
Envisage.aiuses two types of Cookies: per session and fixed (temporary files that remain in the user’s terminal until the end of the session or the closing of the application/web browser). The fixed files remain on the user’s terminal for a period in the parameters of the cookie, or until they are deleted manually by the user. Cookies that are used by partners of the operator of a web page, including without limitation the users of the web page, are subject to the Privacy Policy.
A visit to www.daphyne.com may put: Cookies regrading the performance of the website, Cookies for the analysis of the visitors, Cookies for geotargetting, Cookies for registration, Cookies for advertising or Cookies of the suppliers of advertising.
Personal data collected through the use of Cookies may be collected only to facilitate certain functionality to the user and are encrypted in a manner that makes it impossible for unauthorized persons to access them. In general, an application used to access web pages allows saving Cookies on the terminal by default. These settings can be changed in such a way that the automated management of Cookies may be blocked by the web browser or the user shall be informed every time when cookies are sent to its terminal. Detailed information about the possibilities and ways of management of the Cookies can be found in the area of application settings (of the web browser). Limiting the use of Cookies may affect certain functions of www.daphyne.ro. Cookies represent the center point of the efficient functioning of the Internet, helping to generate navigation experience that is friendly and adapted to the preferences and interests of each user. Denial or disabling cookies may make some websites impossible to use. Due to their flexibility and the fact that the most visited websites and the largest one use cookies, they are almost inevitable; disabling cookies will not allow the user access on the most widespread and used websites including Youtube, Yahoo, Gmail and others.
Examples of important uses of the cookies:
Security and privacy issues Cookies are NOT viruses and use plain text formats; they are not made up of pieces of code so that they cannot be executed nor self-run. As a result, they cannot be duplicated or replicated on other networks to run or reply again. Because they cannot fulfill these functions, they cannot be considered viruses. Whereas cookies may be used for negative purposes as they store information about the preferences and browsing history of users, both on a specific site and several other websites, being used as a form of Spyware (spying the activities of the consumer), many anti-spyware products mark cookies constantly in order to be deleted within the delete/scan/anti-virus, anti-spyware programs.
In general, browsers have built-in privacy settings that provide different levels of cookie acceptance, period of validity and automatic deletion after the user has visited a particular site. Because the protection of identity is very valuable and represents the right of each internet user, it is appropriate to know what possible problems cookies can create. Because information is being transmitted constantly trough them both ways between the browser and the website, if an attacker or unauthorized person is involved in the transmission of the data, the information contained in the cookie may be intercepted. Although very rarely, this may happen if the browser connects to the server using an unencrypted network (ex: an unsecured WiFi network). Other attacks based on cookies involve wrong settings of cookies on the servers. It is very important that the User can choose the most appropriate method for the protection of its personal information and:
Many of the applications for the detection and prevention of spyware include detection of attacks on websites. Thus, they prevent the browser to access websites that might exploit the vulnerabilities of the browser or to download dangerous software. It is recommended to constantly update your browsing programs, because many of the cookies attacks are done by exploiting the weaknesses of the old versions of the browsers. All modern browsers provide the ability to change the settings of cookies. These settings can usually be found in “options” or in the “preferences” menu of the browser.
6.3. The Customer has the right to oppose the collection of personal data and request its deletion, thus revoking its agreement for the document, and giving up any implicit right specified therein and without any subsequent obligation of any party to the other or without any party claiming the other damages, but only in accordance with art. 2.8.
6.4. For the exercise of the rights of the Article 6.3, the Customer or Member will address DAPHYNE, in accordance with the contact data available on the website, valid on that date.
6.5. Using the forms available on the website, the Customer or Member has the right to modify the data which it has initially declared to reflect any changes appeared, if any.
6.6. If the Customer opts for online payment with card of the sum to be paid for the orders, for the agreement and/or agreements, the authorization and remittance of card acceptance transactions for settlement are made exclusively through the company PayU S.A. through the integrated solution; PayU S.A. is DAPHYNE’s provider of ecommerce software solutions that include payment services, payment administration, and anti-fraud protection. All types of cards issued by Romanian and foreign banks under the Logos Visa and MasterCard are accepted provided that the issuing banks have activated them for online payment. Also, payments by credit cards for payments in installments as are listed on the page with information about the payments are accepted. Other methods of payment are bank transfer or payment on delivery.
6.7. Envisage.aidoes not require and does not store any information relating to the card or bank cards of the Customer, these being processed directly on the online payment service provider’s servers.
6.8. The Privacy Policy of Envisage.airefers only to the data provided on a voluntary basis by the Customer or Member solely on the site. Envisage.aiis not responsible for the privacy policy practiced by any other third party which may be reached via connections, regardless of their nature, outside the website.
6.9. Envisage.aiundertakes that the data collected from the Customer/Member to be used only in accordance with the purposes declared and not to make public, to sell, rent, commission, transfer, etc. the database containing information relating to the special or personal data of the Member/Customer of any third party not involved in the fulfillment of the purposes declared.
6.10. An exception to the provisions of article 6.9 will make the situation in which the transfer/access/view/etc. is required by the concerned authorities in the cases provided for by the regulations in force at the date of the occurrence of the event.
6.11. The processor of banking cards, approved by DAPHYNE, PayU S.A. has the right to access/view any type of data/documents, generated following an order issued, a canceled order, an agreement, a canceled agreement or an honored agreement in order to investigate any transaction, where this exists.
6.12. Envisage.aiguarantees that the personal data of a User, collected through the contact form, will only be used to resolve the problem communicated by it, after which they will become data exclusively for statistical purposes.
6.13. Envisage.aiis not responsible for faults which may endanger the security of the server on which the database containing the data is hosted.
7.1.1. Access to the service is allowed to any Member which has, or creates an Account on the website or downloads the mobile application iOS or Android
7.1.2. In order to enable access to the service, the Member will have to accept the provisions of the Document.
7.1.3. Envisage.aireserves the right to limit access of the Customer to the Service and marketing campaigns (not to include it in the promotion and loyalty campaign, to allow him to order only with prepayment, etc.) as well as the right to cancel orders already placed in the following cases: the placing and refusal of more than two orders in the system of payment on delivery, more than 2 orders subsequently canceled by the Customer by using the “Cancel the order” button control or notification from him sent in writing on the email address office@daphyne.com or changing the orders in the sense of dropping 20 monthly products from the placed orders, by written communication from the Customer to the email address office@daphyne.com, the use of a tendentious language, infringement of intellectual property rights etc., the access and existence of the Customer’s Account could harm Envisage.aiin any way. Envisage.aireserves this right except as permitted by Article 7.3.7 and any criterion referred to above shall be fulfilled first. This right shall be exercised at all times and no Customer notification is required in this respect.
7.1.4. Each Member may have a single Account. It is prohibited to share an Account between several Members/Customers.
7.1.5. In the event of discovery of shared access by several Customers, Envisage.aireserves the right to cancel or suspend the Customer’s access to Content or Service. If there are orders placed in the accounts suspended or canceled, they will be canceled automatically.
7.1.6. Envisage.aimay refuse an order after prior notification addressed to the Customer, without obligations between the parties and without a party to be able to claim damages, for the following situations:
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7.2.1. Envisage.aican publish on the website information about products, services and/or campaigns performed by it or by any third party with whom Envisage.aihas concluded agreements or partnership agreements, in a certain period and within the limit of the stock available.
7.2.2. The products and/or services that are acquired through the Service are intended exclusively for the personal use of the Customer.
7.2.3. Envisage.aimay limit the ability to purchase products or services available on the website at a certain moment, to one or more Customers, for well-founded reasons.
7.2.4. All charges for the products or services presented on the website are expressed in lei (RON) and include VAT.
7.2.5. The RRP price – presented as “cut” price, means the price recommended by the manufacturer for sale in stores, commercial centers, or any other commercial spaces where discounts are not being performed. These tariffs are purely informative and have no legal value; they are not assimilated and are not included in the low-priced sales, as defined by GO 99/2000 on the marketing of market products and services.
7.2.6. The billing of the products purchased shall be made only in RON using the information provided by the Customer in the intended form. Envisage.aiis not responsible for the correctness of the information provided by the Customer for the invoice or the impossibility to deduct some expenditure due to incorrect information provided by the Customer. Invoices shall be issued as follows: for payments made before receiving the products and services, the advance bill shall be issued also for the payments made at the moment of receiving the products; the final invoice shall be issued at the time of shipment to the Customer (delivery to the courier). For corrections (cancellations, returns) cancellation invoices shall be issued. All invoices shall be automatically issued and recorded and included in the tax reports. No corrections are accepted except for those changes in invoices made by the methods and legal deadlines.
7.2.7. Payment of the products and/or services purchased through the service can be made both online with the credit card, payment by installment card (for orders over 300 RON using – Card Avantaj, BRD Finance or Star BT), by bank transfer and also on delivery by courier only in cash.
7.2.8. In the case of online payments with card Envisage.aiis not / cannot be held responsible for any other additional cost borne by the customer, including, but not limited to the currency conversion charges applied by the issuing bank of the card, if the currency of issuing it differs from RON. Responsibility for this action is borne only by the customer.
7.2.9 The payment in cash on delivery by courier (cash on delivery) is a method of delayed payment of the products, Envisage.airisking for the Customer to withdraw from the agreement. Therefore, this option is only available in certain cases and only for certain products and Envisage.aireserves all rights to apply or not this option depending on the internal criteria. In the moment of placing the order the Customer is informed and expressly accepts the payment method selected/available. If the Customer orders larger quantities of the same product (more than 10 products of the same type), for products delivered directly from the Manufacturer (in this case it will be expressly mentioned in the description of the product on the website) or the order is worth more than 1000 lei, Envisage.aioffers the possibility to pay the orders only in advance either by online payment or by bank transfer. The option of payment in cash on delivery to the courier is charged additionally with 5 lei/order.
7.2.10. The payment of the order in cash on delivery (at the courier) is a method of payment available only in certain cases and only for certain products. In the case in which the Customer has not delivered and outstanding orders, whose total amount is equal to or greater than 5000 ron, Envisage.aioffers the possibility to place additional orders only with the advance payment (online payment or by bank transfer). This option is enabled in the moment of placing the order on the website. Envisage.aimay not be obliged to provide the option of Payment in cash, on delivery ( at the courier) for customers with proven history to refuse/cancel orders or which, through their activity contrary to the normal usage and of good faith may cause damage in any way to the website www.daphyne.com, to the company CurlyCraft SRL and/or its partners.
7.2.11. The information in the sales events used for the description of the products, weight and features available on the website (static/dynamic images / multimedia presentations / links to other websites, etc.) does not constitute a contractual obligation on the part of the DAPHYNE, these being for presentation. Envisage.aimay withdraw an offer of products or may change it at any time up to placing the order, without incurring damages or other penalties to any potential customer.
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7.2.13. In the unlikely event when Envisage.aiwill not be able to honor some of the products, it will notify the Customer by e-mail, offering one of the alternatives: a. canceling the order or removing from the order the product that cannot be delivered b. the receipt of active credits on the website under certain conditions that may be used for acquisition of products only on www.daphyne.com
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7.2.15. By the option “I am Eco”, all the instructions, the description of the products, the documents relating to the ordered products, will be contained in a digital format (in the customer’s account or email)
7.3.1. The Customer can submit orders of products marketed at a given moment, only on the website, offers being limited in time (after the indicated time, no orders can be placed and the articles are no longer visible on www.daphyne.com). The price displayed on the website at the time of the order will not be changed, being firm. For an offer that is expired no orders may be placed any more. Envisage.aimay change at any time the prices, offers, quantities in accordance with the internal criteria (geographical location, stock availability, etc) with respect to the orders/agreements already placed. Envisage.aimay not be compelled to keep a certain price only for the orders placed; potential customers who view the offers but do not place orders may not require a price/offer different from the one displayed on the website www.daphyne.com.
7.3.2. By completing the order the Customer agrees that all data provided by it, necessary for the purchase process, are correct, complete and true at the time of placing of the order, hereinafter referred to in this document and the order issued.
7.3.3. The distance agreement is considered terminated by Envisage.aiwhen the order placed by the Customer is confirmed electronically by DAPHYNE, as a result of the reception of all products (from the quantitative and qualitative point of view) of that order by Envisage.ai(directly or through contractors). Moreover, before validating the order of the Customer and before dispatch of the products, DAPHYNE has the right to contact the Customer, by any means available / approved by Envisage.ai(phone or e-mail), with a view to obtaining a personal confirmation of the Customer’s personal identification and delivery data. Customers accept that Envisage.aicannot be forced to validate/deliver products to persons who did not confirmed delivery and identification data.
7.3.4. Envisage.aiwill unilaterally denounce and will automatically cancel the order made by the Customer, even without prior notice addressed to the Customer, without any subsequent obligation of any party to the other party or without any party claiming the other damages in the following cases:
7.3.5. In the event that the Customer waives an order with prepayment, confirmed bank transfer or online payment with card, and in which the card issuing bank of the Customer has authorized the bank transaction, the amount will be repaid by Envisage.aiin maximum 14 days after Envisage.aibecame aware of this fact or may be converted into Envisage.aicredits under the terms of Art. 7.9.5 at Customer’s request.
bank transfer or online card payment) are no longer available on the stock for reasons independent of DAPHYNE, Envisage.aiwill inform the Customer on this fact as soon as it becomes aware of its unavailability and will order the repayment of the amounts paid in advance within maximum 14 days from the customer’s notification. In this situation, Envisage.aireserves the right to provide, in addition to sums repayable in advance also promotional credits (free of charge) for any product that has been ordered and became, after the confirmation of the order and for reasons beyond DAPHYNE, unavailable for delivery. The utilization of credits can only be made on www.daphyne.com and is conditional upon the standard behavior of the customer; 1 credit is equivalent to 1 RON and may not be transferred between accounts or users. Any suspicion of fraud in the behavior of the Customer leads to invalidation of the promotional free of charge credits.
a. The Customer waives a product and notifies Envisage.aibefore sending the order. b. Increasing the amount of an existing product in an order, a product that is in an active campaign at the time of requesting the order supplementation c. The delay in the delivery with a maximum of two weeks over the maximum limit of delivery d. Change of the delivery address e. The cumulation of orders (valid only for orders with payment on delivery) with close delivery periods (maximum one day difference of the last day of the interval). When an order is cumulated, the original order is canceled and its status will appear as “canceled order,” and the products of the cumulative order will be added to the cumulative order. f. Changing the payment method g. Changing the invoicing data. For invoices already issued one cannot make changes on the legal/ natural person (replacement with a new person), only corrections (of the denomination/name, contact data, etc).
7.3.8. The orders cannot be changed, if the Customer opts for online payment or by bank transfer of the sum to be paid.
7.3.9. In the case in which a Customer changes the personal data, using the forms available on the website, all orders in progress existing at that time, keep their data defined/accepted by the Customers prior to the moment of change, taking into account for the delivery and contact, the new data modified accordingly.
7.3.10. An order placed can be canceled prior to being dispatched via the “Cancel order” button within the Customer’s account or by Customer’s request in writing by sending an e-mail at the office@daphyne.com stating clearly the cancellation and the order number.
7.3.11. In any order placed the Customer is obliged to verify and to accept the contractual framework.
7.4.1. The Customer / Member may not make phone orders. The Customer / Member may not require changes of the order on the phone.
7.5.1. Envisage.aiwill issue and transmit to the Customer all the necessary documents attesting the purchase of the products/services by the Customer in accordance with the legislation in force.
7.5.2. Envisage.aiwill facilitate Customer information on the state of completion in which the order is by sending an informative e-mail to the address indicated by it. The invoice issued shall include all mandatory entries in accordance with art. 319 of the Law no. 227/2015 regarding the Fiscal Code and it can be downloaded in pdf format from the Member’s account.
7.5.3. The agreement plus the documents certifying the delivery of the package by the courier to the Customer (AWB signed and settled) by DAPHYNE, becomes the honored agreement.
7.5.4. The agreement is concluded for a definite duration. It shall be deemed to be terminated at the time the Parties fulfill their mutual obligations within the terms and conditions set forth in this Document.
7.5.5 If there are differences between the list of delivered products (as accessed from “My Account”) and the contents of the package, the Customer has the obligation to notify Envisage.aiand the courier (if the finding was made in its presence) 24 hours from receipt of the parcel, by phone or by e-mail to the address office@daphyne.com with related details (photo, explanations, etc.). If the Customer has not made the finding in the presence of the courier, he / she can NOT invoke the differences.
7.6.1. The cost of courier delivery of the products purchased at www.daphyne.com from Envisage.aiare as follows: a) delivery fee of 10 RON (VAT included) if the package has a weight of up to 5 (five) kg and small dimensions b) handling fee (packaging and protection materials, other costs for fragile, heavy products, atypical dimensions, etc.). All costs are calculated and communicated to the Customer at the time of order placement based on the order-specific criteria (volume, weight, material). DAPHYNE estimated on the basis of internal indicators, the transport costs and the Customer accepts expressly by placing the order the estimates for the cost of transport, regardless of the facts which were basic to the determination of this cost. As a consequence, the Customer can not request subsequently to the placement of the order for a lower cost of transport based on individual weights or own measurements of the package.
7.6.2. The delivery time of an order is expressly communicated when it is placed and it is a days interval influenced by: the transport of goods from the Envisage.aiconsignor, the processing times at the logistics center of the initial supplier and in the Envisage.aiwarehouse, working days of the month, the number of products in the order and the processing times of each product, etc. Total delivery time may be offset by a product with a longer period, so the Customer agrees that by aggregating more products in one order it offsets the delivery of the products until the most remote date. As a rule, products of an order are delivered in a single package with a unique AWB (parts from an order shall not be delivered partially). Deliveries will usually take place within the time undertaken in the moment of placing the order (it varies between 2 days and 8 weeks) and the Customer can obtain delivery status information at any time. If the product can be delivered after the above mentioned deadline, Envisage.aiwill promptly inform the Customer by E-mail providing two options: The customer may either cancel (in writing) the order/product or accepts the new proposed delivery term In the event that the payment has been made in advance prior to the delivery, the amounts paid will be refunded in full according to the law, within maximum 14 days from the date of the waiver.
7.6.3 Envisage.aimay have promotional campaigns on free delivery (charging a delivery charge – as defined in 7.2.9, of the sum of the 0 RON (zero). This offer does not relate to the handling fee that is charged separately. Free delivery shall only apply for the acquisition of goods of a total value of more than 400 RON, only under certain conditions, including, but not limited to: a. the weight of the package under 5 kg. b. maintenance of the agreement/order in the initial formula (without any changes/delays). c. changes of the order at DAPHYNE’s initiative: changes of the delivery period (in particular delays), products which become unavailable, other system errors, etc.
7.6.4 Multipackage dispatch – In order to ensure the integrity of the small and fragile products and to reduce the period of delivery, Envisage.aiuses the MultiPackage system: an order shall be delivered with several separate consignments (in different days). The Customer can verify the number of consignments of an order and their status in the My Account section on www.daphyne.com. Envisage.aidoes not warrant in any way that an order is sent in a single expedition and does not require additional charges for delivery in two expeditions. The way of packaging and delivery is at DAPHYNE’s free choice, in compliance with the obligation of full delivery of the products during the period undertaken.
7.7.1. Envisage.aicomplies with the warranty provisions in accordance with Romanian legislation in force. Clear details of these guaranties are provided by the product sheets and no Member may require an extended warranty, more than the one mentioned. The guarantee shall apply to the normal conditions of use and shall be valid only for products purchased and paid by the Customer at DAPHYNE. The products shall benefit from a guarantee of conformity in accordance with the provisions of Law 449/2003, as this transposed Directive 1999/44/EC concerning the sale of consumer goods and associated guarantees or if an extended warranty term is specified in the product presentation, the longer term applies. DAPHYNE’s responsibility, in accordance with the provisions of articles 9-14 of Law 449/2003, is engaged if the lack of conformity appears within a period of 2 years, calculated from the date of delivery of the product. The guarantee involves reimbursement of non-conforming products for which the Customer notifies the trader in writing within the legal time limit; Envisage.aidoes not replace or repair any defective or non-conforming products. The non-conforming products become the property of DAPHYNE. The customer shall not be entitled to compensation or penalties for non-conforming products and by placing the order it declares that it agrees to receive the equivalent value of products and transport in case of lack of conformity.
7.7.2. Clear details about the distinctive features of each product are provided on the website. Information with regard to the Envisage.aiterms and conditions of guarantee and general instructions for use of the various types of products can be handed over to the Customer as a document in a digital format, available from the Envisage.aiaccount or as required by the letter via email. If this information has not been received by the Customer, it may be obtained at any time by telephone or e-mail at office@daphyne.com
7.8.1. With the exception of limitations of article 7.9 relating to the acquisition of Envisage.aicredits, the Envisage.aiCustomer may return products purchased through an Agreement and shall be entitled to receive the entire equivalent amount paid for the products, in the following situations:
7.8.2. Envisage.aican provide coverage of all shipping costs for returned products (regardless of the reason for return) as well as the loyalty procedure using the form mentioned in art. 7.8.3 point a) and the return is requested and processed through the section My Account on www.Envisage.ai.com. By completing the return form, the Customer has the option to select products simultaneously from one or more returnable orders (those within a maximum of 30 days). If the Customer uses another courier or other ways of delivery (post, personal), the address of returning products is 321 Soseaua Giurgiului, building 2, district 4, Bucharest and Article 13 paragraph (3) and Article 14 of the Government Emergency Ordinance no. 34 of 4 June 2014 on consumer rights within the agreements concluded with the professionals, as well as for the amendment and completion of certain normative acts shall apply.
7.8.3. Before the expiry of the withdrawal period, the Customer shall inform Envisage.aiof its decision to withdraw from the agreement. For this purpose, the Customer can choose one of the following options: a) to use the withdrawal form template available on the Envisage.aiwebsite in the Return section; b) to make any other unequivocal statement in which it expresses its decision to withdraw from the agreement.
7.8.4. The Customer who has notified Envisage.aiin accordance with Article 7.8.3 is responsible for ensuring that the products to which it has referred have been returned or handed over to Envisage.aior to a person authorized by Envisage.aito receive the products (usually the express courier company indicated in the Return Form on www.daphyne.com) without undue delay and no later than 30 days after the date Envisage.aihad communicated its decision to withdraw from the contract. The term is respected if the products are shipped by the Customer before the expiry of the 30-day period properly packaged for protection during transport.
7.8.5. The Envisage.aiCustomer will not be able to return the products purchased and/or will not claim any damages/compensation, in the following situations:
7.8.5.1. In the event that the request for return for any of the situations provided in art. 7.8.1 has the date of dispatch of the notification of the intention to return which exceeds the 30-day period stipulated in Article 7.8.2, calculated from the working day following the date of the honored agreement.
7.8.5.2. If a product is returned with one of the situations provided for in art. 7.8.1, and the returned product is not in the same condition it was delivered (with the documents that accompanied it, with all the components).
7.8.5.3. In the case of products which have been manufactured according to the specifications set out by the Customer or clearly customized.
7.8.5.4. If products have been ordered and delivered that can not be returned for health or hygiene reasons and have been unsealed by the Customer (these products are marked as non-returnable products in the presentation).
7.8.5.5. If products that are, after delivery, according to their nature, inseparably mixed with other items, have been ordered and delivered
7.8.6. The Member / Customer will be informed in the order placement email if it is refundable or not and if there are any costs in case of return. The products which constitute a kit/set must be returned as a kit/set.
7.8.7. In the event of withdrawal of the Customer from the agreement, Envisage.aishall reimburse to it all sums it has received as payment from its part, including, as the case may be, the cost of delivery, without undue delay and in any case not later than 14 days on the date when he is informed of the Customer’s decision to withdraw from the agreement according to art. 7.8.2. and 7.8.3. Repayment shall be made using the same payment methods as those used by the Customer for the original transaction, unless the customer has agreed with another method of payment and provided they do not fall into the Customer’s payment of commissions as a result of repayment.
7.8.8. The Envisage.aiCustomer may return the products purchased through an Agreement and is entitled to partially receive the equivalent amount paid for the products if they are in a state of resale value decrease (they do not have all the components, they do not have the initial documentation or other causes that alter the original product ).
7.9.1 Envisage.aimay grant credits with the title of deductible marketing expenses and may modify the unilateral mechanism, without Users being able to claim damages for the non-allocation or cancellation of Envisage.aicredits. A credit is equivalent to 1 RON and can be used to purchase goods on www.daphyne.com The promotional credits shall be received the following mechanism:
I am text block. Click edit button to change this text. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo.7.9.1. Credits from friends’ invitations
7.9.1.2 The credits offered for loyalty or other compensation activities: Envisage.ainotifies via e-mail the Customer that it has received credits for activation or compensation mechanisms for delayed or canceled products. The Customer must follow the link indicated in the e-mail and activate/load www.daphyne.com credits on the website. After loading they may be used for payment of goods or transport for any order placed in that account.
7.9.2 The validity (use) period of the Envisage.aicredits is limited. The Envisage.aicredits have a period of use, they will automatically be deducted from the first order placed within 12 months of their activation on DAPHYNE’s Customer account. After this Envisage.aiperiod of more than 12 months they will expire automatically and will be deducted from the Customer’s account. Credits may not be converted in lei and may not be used outside the website www.daphyne.com. The credits may not be used outside the account in which are loaded, they may not be transferred to another account and may not be used to purchase by other Customers.
7.9.3. In case of suspicion of fraud in obtaining and using Envisage.aiPromotional Credits, DAPHYNE reserves the right to unilaterally cancel any allocation or use of the Envisage.aicredits, without the User having the right to claim damages or the equivalent of such credits.
7.9.4 In the cases of Art. 7.8.1 applicable to products paid in whole or in part with free promotional credits, the returned amounts can not be repaid in bank accounts indicated by the Customer; in case of return the Customer will receive credits 1 credit = 1 RON and will only use them on www.daphyne.com for subsequent acquisitions.
8.1. Envisage.aidoes not require its Customers or its Users by any means of communication (e-mail address/phone/SMS/etc) information relating to the confidential data, accounts/cards or personal passwords.
8.2. The Customer / Member undertakes full responsibility for disclosure of its confidential data to a third party.
8.3. Envisage.aidisclaims any liability if a Member / Customer would be / is injured in any form by a third party who claims to be / represent DAPHYNE’s interests.
8.4. The Customer or the Member will inform Envisage.aion such attempts, using the contact details.
8.5. Envisage.aidoes not promote SPAM. Any Member / Customer who explicitly provided his / her email address to the website may opt to disable the customer account associated with this email address.
8.6. The Communications made by Envisage.aiby electronic means of distance communication (i.e. e-mail) contain complete and correct identification data of the sender or links to it at the time of transmission of the content.
8.7. The following purposes will be considered attempted fraud of the Website/Content and/or DAPHYNE. Envisage.aireserves the right to set into motion the prosecution against the one or those who tried to, or reached this the purpose(s):
8.7.1. to access data of any type of another Member/Customer by using an account or by any other method.
8.7.2. to alter or modify the contents of the Website or any correspondence sent by Envisage.aiby any means to the Member/Customer.
8.7.3. to affect the performance of the server/servers running the website.
8.7.4. to access or disclose to any third party who does not have the necessary legal authority, the content sent by any means by Envisage.aito the Member / Customer when it is not the legitimate recipient of the content.
8.8. The pursuit of obtaining Envisage.aicredits under art. 7.9 by using false accounts (names that are not real, more than one account per individual or using the identity of some persons but by another person) is considered to be a fraud attempt and will have the effect of canceling the advantages obtained, blocking access to Envisage.aiwebsites and reporting to relevant authorities.
9.1. Envisage.aicannot be held responsible in any way in front of any Member/Customer who uses the Website or the Content, other than within the limits of the items constituting Terms and Conditions.
9.2. If a Member / Customer considers that the Content sent by any means by Envisage.aiviolates copyright or any other rights, he may contact Envisage.aifor details in accordance with the contact details at www.daphyne.com so that Envisage.aican make an informed decision.
9.3. Envisage.aidoes not warrant to the Member or the Customer access to the website or to the service without the latter being registered by going through the registration steps of the website and does not give it the right to download or modify partially and / or in whole the content, to copy, or exploit any content in any other manner, or to transfer to any third party any content to which it has and / or obtained access, under an agreement of use, without prior written consent by DAPHYNE
9.4. Envisage.aiis not responsible for the content, quality or nature of other sites reached through links from the content, regardless of the nature of these links. For those websites, the responsibility is born, in full, by their owners.
9.5. Envisage.aiis relieved of any fault in the use of the websites and / or the content transmitted to the Member or the Customer, by any means (electronic, telephone, etc.) via DAPHYNE’s websites, e-mail or employee, when such use of the content may or causes damages of any kind to the Member, the Customer and / or any third party involved in this Content transfer.
9.6. Envisage.aidoes not offer any direct or indirect guarantees that: 9.6.1. the service will be according to customer requirements 9.6.2. the service will be uninterrupted, secure or error-free of any kind 9.6.3. the products/services obtained free of charge or counter-cost through the service will meet the requirements or expectation of the customer
9.7. Subject to the provisions of the Terms and Conditions, the operators, administrators and / or site owners are not responsible in any way for their relationship or consequences resulting from, but not limited to, purchases, special offers, promotion campaigns, promotions, or any other type of relationship / link / transaction / collaboration / etc. which may occur between the Customer or Member and any of those who promote themselves directly or indirectly through the site.
10.1. Unless otherwise expressly provided herein, none of the parties to a concluded agreement, which is still in progress, will be liable for the non-performance in time and / or in a corresponding manner, in whole or in part, of any of its obligations under the agreement, if the non-execution of that obligation was caused by a major force event.
10.2. The Party or the legal representative of the Party invoking the above mentioned event is required to notify the other party immediately and in full of its occurrence and take any measures available to it in order to limit the consequences of that event.
10.3. The Party or the legal representative of the Party invoking the event referred to above shall be exempted from this obligation only in the case in which the event prevents it to get the job done.
10.4. If within 15 days of its occurrence, that event does not cease, each party shall have the right to notify the other party of the rightful termination of this agreement without any one of them being able to claim the other damages.
10.5. The Party invoking the force majeure event must prove the impossibility to perform the obligations within 30 days from the date of the occurrence of the event but within the limits of Article 10.3.
10.6. Exceptionally (no fault of DAPHYNE) and due to unforeseeable circumstances (such as carrier or supplier crash) it is possible that the delivery of the products can not be made. In this case, the Customer will be able to receive a promotional credit which can be activated (DAPHYNE’s option and case-by-case) that can be used unlimited for the purchase of products on www.daphyne.com website as described in section 7.9.
11.1. By using / visiting / viewing / etc. the websites and / or any content sent by Envisage.aito the Member / Customer by accessing and / or dispatching by any means (electronic, telephone, etc.), he agrees at least to the “terms and conditions”.
11.2. Any dispute with reference to these Terms and Conditions which might arise between the Member/Customer and Envisage.aiwill be solved amicably.
11.3. Any dispute, of any kind, which might arise between Member and Envisage.aior its partners, will be solved amicably. If this will not be possible, the conflict will be resolved by the competent authority, in accordance with the legal provisions applicable.
11.4. Having regard to the provisions of (EU) Regulation No. 524/2013 on online dispute resolution of consumer disputes and amending (EC) Regulation no. 2006/2004 and Directive 2009/22/EC, DAPHYNE offers the Member / Customer the option to opt for out-of-court dispute resolution by using the European Dispute Resolution Platform (SOL Platform), a digital tool created by the European Commission to facilitate independent, impartial, transparent, effective, expeditious and fair out-of-court settlement of disputes concerning contractual obligations resulting from online sales or service contracts between a consumer residing in the Union and a trader established in the Union. For this purpose it may use the following link to the SOL platform: ODR .
11.5. If any of the terms of the above will be found void or invalid, regardless of the cause, this provision shall not affect the validity of the other clauses.
11.6. This document has been drawn up and will be interpreted in accordance with the Romanian legislation.
12.1. Envisage.aireserves the right to make any changes to these provisions, as well as any changes in the structure of the website/its structure/service as well as any content without prior notification to the Member or Customer.
12.2. Within the limits of the provisions of the Terms and Conditions, Envisage.aiwill not be liable for any errors occurring on the website from any cause, including changes, settings, etc., which are not made by the administrator of the website.
12.3. Envisage.aireserves the right to introduce advertising banners of any kind, and/or links on any page of the website, in compliance with the legislation in force.
13.1. If there are any questions or suggestions in connection with DAPHYNE, please contact us by phone +40 724 714 234, from Monday to Friday, 09:00-18:00, or by e-mail to the contact@envisage.ai
14.2. Any comments, questions, feedback, ideas, suggestions or other communication or information about or related to the website www.envisage.ai its functionality or improvement, will remain the property of the SC Envisage.ai SRL.