Terms and Conditions – www.vesmart.eu

TRADER IDENTIFICATION

SC SWISS LONGEVITY LABORATORIES SRL (hereinafter referred to as “VeSmart.eu”, “site”, “we” or similar) is a Romanian company based in Bucharest, registered at the Trade Register under the number J40 / 3572 / 17.03.2017, fiscal code 37231179, phone +40 371 102 783, email contact@vesmart.eu.

Contacts:

SC Swiss Longevity Laboratories SRL is based in Locotenent Aviator Vasile Fuica Street, no. 26, Bucharest, Romania.

Email: contact@vesmart.eu

Tel: +40 371 102 783

Trade Registry: J40 / 3572 / 2017

CUI: RO 37231179


DEFINITIONS

Throughout the following Terms and Conditions, we consider the following:

  • Any of the information on the SITE that can be visited, viewed, or otherwise accessed;
  • The content of any communication sent by VESMART.EU or its CLIENTS by electronic means and/or any other means available;
  • Any information transmitted by any means by an employee of VESMART.EU to any of the CLIENTS of the Site, according to the contact information specified, or not specified, by them;
  • Information about the products, services and/or duties enforced by VESMART.EU in a given period;
  • Information about the products, services and/or duties exercised by a third party with whom VESMART.EU has signed into a partnership agreement in a given period;
  • VESMART.EU data, or other privileged data.

CAMPAIGN – the act of displaying, for commercial purposes only and in electronic form exclusively through the site, a finite number of products with a limited and predefined stock level for a limited period as established by VESMART.EU;

SERVICE – the electronic commerce service that allows the CLIENT to contract products and/or services using electronic means, exclusively;

MEMBER – the individual who obtains access to the CONTENT by any means of communication made available by VESMART.EU (electronic, telephone, etc.), based on an existing user agreement with VESMART.EU, and that which requires the creation and use of an ACCOUNT;

ACCOUNT – the configuration consisting of an email address and password, allowing one MEMBER to access restricted areas of the SITE through which the SERVICE/transaction is available;

CLIENT – the individual who has the status VESMART.EU MEMBER and/or the person who placed at least one order on the site;

DISTANCE CONTRACT – any contract agreed between the service provider and the consumer in the framework of a system of sales or provision of distance services, organized without the simultaneous physical presence of the professional and the consumer with the exclusive use of one or more means of distance communication, up to and including when the contract is concluded;

NEWSLETTER – the means of periodic communication by exclusively electronic means about products and/or marketing topics created by VESMART.EU in a given period without any predefined obligation from VESMART.EU with reference to the information the communication contains;

TRANSACTION – cashing or reimbursing a sum relating to a sale, or promise of selling a product/service, by VESMART.EU to the CLIENT, regardless of the delivery method.


MARK RIGHTS

The name VESMART.EU and the logo are trademarks of SC SWISS LONGEVITY LABORATORIES SRL. The reproduction, imitation, use, or application, of these marks without prior authorization from SC SWISS LONGEVITY LABORATORIES SRL constitutes a criminal offense punishable by applicable law.


AUTHOR RIGHTS (COPYRIGHT)

The entire content of VESMART.EU – images, texts, symbols, graphics, scripts, programs and other data – is the property of VESMART.EU and its suppliers; and is protected by Copyright and associated Intellectual and Industrial Property Laws.

Use of any of the items listed above without VESMART.EU’s explicit consent is punishable under enforceable law.

A MEMBER or CLIENT may copy, transfer and/or use the content for personal or non-commercial purposes only, unless this action conflicts with the terms and conditions of this site.

No content transmitted to the MEMBER or the CLIENT by any means of communication (electronic, telephone, etc.), or acquired by accessing and/or viewing, constitutes a contractual obligation from VESMART.EU and/or the VESMART.EU employee who carried out the transfer of content.

Any use of the content is forbidden for purposes other than those expressly permitted by the document or the consent to use, if such consent exists.

For any copyright claim, please email: contact@vesmart.eu


CONTACT

VESMART.EU publishes current identification and contact details on the SITE for information purposes to assist Customers and Members.

By using the contact form, or the service as presented on the site, the Member or the Client allows VESMART.EU to contact him/her by any means available, including e-mail, SMS, etc.

Completion, or partial completion of the contact form and sending, is in no way a commitment from VESMART.EU to contact the Member or Customer.

VESMART.EU reserves the right to not respond to requests of any kind that are not directly related to the products/services present on the site or to a contract agreed with a Member or Client, received by any means of communication (electronic, phone call, SMS, etc.).


EMAIL MARKETING

When the Member or Client creates a Site Account, accepts the Terms and Conditions, and ticks the Newsletter Subscription option, s/he will be deemed to have agreed to receive newsletters from VESMART.EU, submitted by electronic mail (e-mail).

The option regarding the agreement issued by the Customer or Member may be changed at any time.

Data downloaded from a Member or Client for the purpose of sending newsletters may and will be used by VESMART.EU within the limits of the Privacy Policy.

The Member or Client may opt out of receipt of newsletters at any time by making a request to VESMART.EU, or via an action by a Member or Client belonging to the Member or Client account in which the change/update is operated;

Opting out of receipt of newsletters does not imply giving up your acceptance of the Terms and Conditions document.


ONLINE SALES POLICY

Access to service

  • Access to service is allowed to any Member who owns or creates an Account;
  • To be granted access to the service, the Member must accept the Terms and Conditions governing the legal relationship between VESMART.EU and the Client/Member;
  • EU reserves the right to restrict or exclude the Customer’s access to service and/or some of the accepted payment arrangements and to delete or restrict their Account within the limits of the law, if VeSmart considers that, based on the conduct, or of the Client’s activity on the site, the access and existence of his/her Account could prejudice or harm in any way VESMART.EU. The customer may request, by writing to contact@vesmart.eu, the reasons which have led to the application of the measures mentioned above;
  • Each Member can have only one Account; it is forbidden to share one Account among several Members/Clients.

Products, services and prices

  • VESMART.EU may publish on the site information about products, services and/or promotions offered by it, or by any other third party with whom VESMART.EU has agreed partnership contracts, within a given period and concerning the available stock limit;
  • Products and/or services purchased through the Service are intended solely for Customer’s personal use;
  • VESMART.EU may limit one or more Clients’ ability to purchase products or services available on the site at any given time
  • All prices for the products or services presented on the site are denominated in RON (RON) and Euro (€), and are inclusive of VAT;
  • In the case of online payment, VESMART.EU is not/cannot be held responsible for any additional cost incurred by the Client, including but not limited to currency conversion fees applied by the card issuing bank, if the currency issuance differs from the national currency; responsibility for this lies solely with the Customer;
  • All information used to describe the products and/or services available on the site (static/dynamic images/multimedia presentations etc.) presents no contractual obligation of VESMART.EU, rather they are used for presentation purposes only;
  • In the products and/or services descriptions, VESMART.EU reserves the right to use other products (accessories etc.) that may not be included in the cost of the respective products.

Online order

  • The client can place orders on any product currently on sale exclusively on the site by adding the desired product(s) to the shopping cart, then complete the order by making the payment by one of the express methods indicated. Once added to your shopping cart, a product is available for purchase as long as it is in stock. Adding a product to your shopping cart does not result in the automatic reservation of that product until the order is complete;
  • By completing the order, the Customer agrees that all data provided by the customer, as necessary for the purchase process, is correct, complete and valid at the time of order placement, as referred to in this document and within the order itself;
  • By completing the order, the Client agrees that VESMART.EU can contact him/her via any means available/agreed by VESMART.EU and outlined in this document, in any situation that requires client contact.
  • EU may unilaterally cancel an order made by the Client provided prior notice is addressed to the Customer, without any subsequent obligation of any party to the other, or without any party claiming damages from the other, in the following cases:
  • The refusal of the Client’s payment card on a transaction, by the issuing bank, in the case of online payments;
  • An invalidation of the transaction by the card processor, and agreed by VESMART.EU, in the case of online payment;
  • The data provided by the Customer on the site is incomplete, incorrect or invalid;
  • A Client’s activity on the Site has and/or may cause damage of any kind, or prejudice in any way, to VESMART.EU and/or its partners;
  • Following more than one consecutive unsuccessful delivery attempt.
  • The Customer can annul an order in the following cases:
    • The Customer cancels the order within the legal withdrawal period of the contract for an order in which payment has been made with a bank card and in which the bank issuing the Client card has paid the amounts into the VESMART.EU account; the refundable amount will be returned by VESMART.EU to the IBAN account specified by the Client in writing in no more than 30 calendar days from the date on which the latter has acknowledged this fact;
    • If a product ordered by the Customer who has made an online payment with a bank card in advance, cannot be delivered by VESMART.EU, by his failure or by the failure of a third party, in which case VESMART.EU will inform the client about the event and file all due diligence to recover the amount, then refund this to the Client’s account within 30 business days of recovery, if recovery is required.
  • The customer has no right to modify the contents of an order once it has been prepared and/or shipped.
  • The delivery details of the products, including but not limited to the time required for delivery, do not constitute a contractual obligation from VESMART.EU and no party can claim damages from the other if any party may be/is injured in any way due to a violation of instructions;
  • If a Client modifies his/her personal data using the forms available on the site, all existing orders at that time retain the original data as provided by the Customer
  • The Order is the purchase VESMART.EU offers: please note that the order registration email (the first email you receive on completion of the order on the site) should not be considered as the final acceptance of your order by VESMART.EU; order confirmation happens only once your order is confirmed and we notify you by e-mail that the product(s) will be shipped

Product availability will be displayed on VESMART.EU as follows:

  • In stock” – products that are physically in the VESMART.EU warehouse.
  • Limited stock” – fewer than 3 products remain in the VESMART.EU warehouse.
  • Product unavailable” – the product is not available in VESMART.EU stock.

Delivery of orders

  • The logistics of VeSmart Products (warehousing, preparing each order for delivery and handing over the parcels to the courier) fall in the service of Alloga Logistics România
  • A third-party courier company (Urgent Cargus for Romania, DHL for Europe) undertakes the delivery to the Client of the purchased products/services. The courier companies processes personal data of the VESMART.EU Client exclusively for the provision of transport services of the products purchased by the Client via the company’s website and only with strict adherence to VESMART.EU Terms and Conditions. Third-party express courier partners contracted to perform transport services that process personal data of VESMART.EU Clients are held to strict compliance with the laws determining personal data processing, and to the Terms and Conditions provided by VESMART.EU in this document. In this sense, the express courier company can contact VESMART.EU Clients by any means of communication (e-mail, telephone, SMS) within the limits of, and for the purpose of, this clause.
  • Deliveries will be completed, on average, within 2-3 business days of making an order, given all products have the availability “In stock”.

VESMART.EU delivers to any locality in Romania, as well as internationally to countries that are part of Europe. Currently we don’t ship outside of Europe.

Delivery estimates are based on the guidelines provided by courier partners, but VESMART cannot guarantee the delivery time or range. VESMART will endeavor to notify customers when there is a possibility of delayed deliveries.

URGENT-CARGUS fulfills national deliveries.

DHL Express delivers to international addresses.

The international delivery charge shown for the available delivery countries outside of Romania remains valid ONLY for parcels not exceeding 2kg, including product packaging and protective packaging as added by VESMART.EU.

All packages with international delivery will be weighed, and if they exceed 2kg, a VESMART operator will contact the customer by email or telephone to communicate the final charge. The customer will receive a payment link by email to pay the price difference.

If the price difference is not paid, VESMART reserves the right to cancel the order, refunding the full order amount to the customer.

More information about our Delivery Policy, Terms & Costs can be found here.

Refusal to Accept the Package and the Return of Products

After buying from vesmart.eu, you have the right to return any purchased product within 15 calendar days of receipt of the package. We do not apply any penalties, but you will have to pay the Return Transport Cost.

Under OUG 34/2014, food and cosmetics products susceptible to deterioration or rapid expiration are exempt from the right of withdrawal. Notwithstanding, SC SWISS LONGEVITY LABORATORIES SRL allows the return of products within 15 calendar days after a pre-notification via one of two methods:

VeSmart cannot accept unsealed products for return.

Other Terms

  • The Customer must notify VESMART.EU of their intention to return any purchased products in writing (e-mail, letter, fax, etc.) within a maximum of 15 calendar days of receiving the products and/or services.
  • The customer notifying VESMART.EU is responsible for ensuring that the products they refer to will be returned within 30 calendar days; otherwise, VESMART.EU will consider the claim as invalid and may refuse the return.
  • Any refunds will be made within 30 calendar days of confirmation of the return with all reimbursements made to the customer’s bank account only, regardless of the payment method at the time of order placement.
  • If a product is replaced, the replacement will be carried out under the same conditions and limitations of a standard order.
  • Additional services, including but not limited to, product shipment costs as paid by the customer are non-refundable.
  • In all cases, the return costs will be borne by the customer except in situations as mentioned above.

Products for which return is not accepted:

  • Disbanded products;
  • Products with damaged packaging or evidence of use.

Package returned without advanced notice:

If a package shipped by VeSmart is not accepted by the recipient for any reason and is subsequently returned without prior notice by telephone or email, VeSmart reserves the right not to accept the returned packages.

More details about the product return process can be found here.


LIMITATIONS OF RESPONSIBILITIES

Information on this site is published for informational purposes only and does not replace the advice or prescriptions of your doctor or any qualified medical professional.

You should not use the information on this page to diagnose or treat any health condition or known illness, nor to replace the prescription drugs and treatments as prescribed by authorized medical personnel.

You must read all product information carefully; if you have, or think you have, a medical condition, contact your doctor immediately.

The information and advice on nutritional supplements contained herein have not been endorsed by the Ministry of Health or by any other competent body, and do not intend to diagnose, treat, cure or prevent any disorder.

SWISS LONGEVITY LABORATORIES SRL assumes no responsibility and cannot be held liable for damages arising from the use in ways other than advised, of products purchased through this site. The VESMART.EU site and its related materials are used “as is” and “as available” without warranties of any kind.

VESMART.EU cannot be held responsible in any way in the face of any Member/Client who uses the Site or the Content, except within the limitations that constitute the Terms and Conditions.

Those who access/visit the site are free to comment via any channel; to send suggestions, ideas, questions or additional information so long as their content is not illegal, obscene, threatening, defamatory, and in no way disturbs the privacy of others, or violates the intellectual property rights, contains viruses, texts targeting promotional campaigns, chain letters, direct mail, or any other form of spam.

Customers who use a false email address or transmit electronic messages or any other communications on behalf of another natural or legal person, or on behalf of another entity, will be punished in accordance with applicable laws. SWISS LONGEVITY LABORATORIES SRL reserves the right to remove any such content identified on the site.

SWISS LONGEVITY LABORATORIES SRL will not be held responsible or liable for any damages whatsoever for such communications.

In the case of sending or displaying materials/documents, it is considered that the user grants SWISS LONGEVITY LABORATORIES SRL and its affiliates/associates the non-exclusive, unlimited, free, irrevocable and retransmitted right to use, reproduce, modify, adapt, publish and create derivative works, as well as the right to distribute and present these materials anywhere in the world by any means.


COMPLAINTS

For any referral or complaint, you can contact VeSmart on 0371 102 783 or by email at contact@vesmart.eu.

Any conflict arising between SC SWISS LONGEVITY LABORATORIES SRL and its clients will be resolved by amicable agreement as far as reasonably possible.

SWISS LONGEVITY LABORATORIES SRL will endeavor to refund the customer the amounts received for returned products within a maximum of 14 calendar days from the date of contract termination.

If an amicable reconciliation is not possible, the relevant Romanian legal provisions will apply with the resolution of the conflict at the Romanian court’s discretion.


FORCE MAJEURE

Except as otherwise explicitly stated, none of the parties to an in-progress contract can be held liable for non-performance in time and/or the right, in whole or in part, to any obligations, if a force majeure caused the non-fulfillment of the stated obligation

The Party, or the legal representative of the Party, invoking the event as mentioned above will notify the other immediately and fully of their position, taking any measure necessary to limit the consequences of that event.

The Party, or the legal representative of the Party, claiming the above event is relieved of this obligation only if the event prevents them from carrying the action out.

If, within 15 days of its occurrence, the event does not cease, each party shall have the right to notify the other Party of the termination of this right without any party being able to claim damages from the other.

The party invoking the force majeure event must prove the impossibility of fulfilling their obligations within 30 days from the date of the event; as well as within the aforementioned limits.


DISPUTES

By using/visiting/viewing etc. of the site and/or any content sent by VESMART.EU to the Member/Client, or by accessing and/or sending detail by any means (electronic, telephone, etc.), the Client as a minimum agrees with the provisions as laid out in the Terms and Conditions.

Any dispute relating to these Terms and Conditions that may arise between the Member/Client and VESMART.EU will be settled amicably with each party taking all reasonable action to do so.

Any dispute of any kind that may arise between the Member and VESMART.EU or its partners will be settled amicably. If this is not possible, the conflict will be settled by the appointed court at VESMART.EU in accordance with Romanian law, as applicable.

If any of the above clauses are found to be null or void, irrespective of the cause, this clause will not affect the validity of all other clauses.

This document has been drafted and will be interpreted in accordance with Romanian law.


WARRANTY OF CONFORMITY

SC SWISS LONGEVITY LABORATORIES SRL has an obligation to deliver products that conform to the sale-purchase contract regardless of the form in which it is concluded; be it verbally or in writing.

The products marketed on the website www.VESMART.EU benefit from the guarantee according to Article 4, Point 1 lit. It is in OUG 34/2014 and article 5-18 of the Law no. 449/2003, if they are not perishable products.

All products marketed by VESMART.EU benefit from warranty conditions in compliance with applicable laws and commercial policies; the products are new and come from sources licensed by each manufacturer.

VESMART.EU undertakes an obligation to cover the guarantee of conformity according to the law within 2 years as calculated from the date of delivery of the product.

In the first 6 months after purchase, the consumer does not have to prove non-compliance; it is considered to have existed at the date of purchase.

However, for the period of 6 months to 2 years, lack of conformity will have to be proven by the consumer except for products with an average lifespan of less than 2 years, in which case the warranty period is reduced to this period.


FINAL PROVISIONS

VESMART.EU reserves the right to make any modifications to these provisions; to its site/structure/service; as well as to any content; with prior notice given to the Member or the Client, who will agree to the changes within 3 days.

If the Client/Member does not express their agreement/disagreement on the changes within the 3-day period, it will be interpreted that s/he has tacitly agreed to all modifications suggested to these Terms and Conditions.

Subject to the Terms and Conditions of VESMART.EU, VESMART.EU will not be held responsible for any errors occurring on the site for any reason, including any modifications, settings, etc. that are not made by an authorized Site Administrator.

VESMART.EU reserves the right to place advertising banners of any nature and/or links on any page of the site, in compliance with applicable law.