Return policy

Procedure for withdrawal from a distance contract or from an off-premises contract

Definitions:

Consumer / buyer – “any natural person or group of natural persons established in associations, as defined in art. 2 point 2 of Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and completions”

Professional/seller – any natural or legal person, public or private, acting within the framework of its commercial, industrial or production, artisanal or liberal activity in relation to contracts falling under the scope of this emergency ordinance, as well as any person acting for the same purpose, in its name or on its behalf

Sales contract – any contract under which the professional transfers or undertakes to transfer ownership of goods to the consumer, and the consumer pays or undertakes to pay the price thereof, including any contract which has as its object both goods and services;

Distance contract – any contract concluded between the professional and the consumer within an organised distance sales or service provision system, 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 the moment the contract is concluded;

Off-premises contract – any contract between a professional and a consumer, in any of the following situations: a) concluded in the simultaneous physical presence of the professional and the consumer
the consumer, in a place that is not the business premises of the professional; b) concluded following an offer from the consumer in the same circumstances as those mentioned in letter a); c) concluded in the business premises of the professional or by any means of distance communication, immediately after the consumer has been approached personally and individually, in a place that is not the business premises of the professional, in the simultaneous physical presence of the latter and the consumer; d) concluded during a trip organized by the professional with the purpose or effect of promoting and selling products or services to the consumer;

Products made according to customer specifications – any products that are not prefabricated, made based on individual options or the customer's decision;

1. Right and withdrawal period

The buyer has a period of 14 days to withdraw from a distance contract or an off-premises contract, without having to justify the decision to withdraw and without bearing only the direct costs related to the return of the products” (GEO no. 34/2014 on consumer rights in contracts concluded with professionals). The aforementioned withdrawal period expires within 14 days from the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the products.

Luxury Furniture SRL shall reimburse all amounts received from the consumer, including, where applicable, the costs of delivery, without undue delay and in any event not later than 14 days from the date on which it is informed of the consumer's decision to withdraw from the contract. The Seller shall reimburse the aforementioned amounts using the same payment methods as those used by the consumer for the initial transaction, unless the consumer has agreed to another payment method and provided that the consumer is not liable for any commissions following the reimbursement. The Seller is not obliged to reimburse additional costs if the consumer has explicitly chosen a type of delivery other than the standard delivery offered by the professional.

Unless the seller has offered to collect the products himself, the buyer shall return the products or hand them over to the seller or to a person authorized by the seller to receive the products, without undue delay and no later than 14 days from the date on which he communicated to the seller his decision to withdraw from the contract.

The costs of transport related to the return of the products will be borne in full by the customer, in accordance with art. 14 (2) of GEO 34/2014 . Returns by express courier or by mail will not be made with cash on delivery. In order to avoid the refusal of damaged packages and to verify the integrity of the products and accessories, we recommend that the return be made with the possibility of checking the package upon receipt.

When returning the products, the buyer must ensure that they are properly packaged and protected, so that the products are not damaged during transport. Otherwise, the company has the right to reduce the amounts to be refunded by the value of any non-conformities suffered by the products during transport.

It is recommended to use safety elements, such as: polyester, cardboard, bubble wrap, etc. It is also recommended to pack the package in a way that corresponds to the weight, shape and nature of the contents, as well as the mode and duration of transport. The packaging must protect the contents so that they cannot be damaged by pressure or successive manipulations, and can be, as appropriate, made of cardboard boxes, plywood, wood, plastic filled with polystyrene.

2. Exceptions

i) According to art.16 of GEO 34/2014, the following are exempt from the right of withdrawal with regard to distance contracts and contracts outside commercial premises:

a) service contracts, after the complete provision of the services, if the performance has begun with the express prior consent of the consumer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal after the complete performance of the contract by the professional;

b) the provision of products or services whose price depends on fluctuations in the financial market that the professional cannot control and which may occur during the withdrawal period;

c) providing products made according to the specifications presented by the consumer or clearly personalized; (e.g. personalized upholstery on certain materials and colors, modification or addition of accessories, modification of dimensions and configurations presented on the site, etc.)

d) supply of products that are likely to deteriorate or expire quickly;

e) the supply of sealed products that cannot be returned for health protection or hygiene reasons and that have been unsealed by the consumer;

f) the supply of products which, after delivery, are, according to their nature, inseparably mixed with other elements;

g) contracts where the consumer has specifically requested the professional to travel to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the professional provides other services than those expressly requested by the consumer or supplies products other than the spare parts indispensable for carrying out the maintenance or repair work, the right of withdrawal shall apply to those additional services or products;

ii) Legal entities do not benefit from the provisions regarding withdrawal from the contract in accordance with GEO no. 34/2014 regarding consumer rights within the framework of contracts concluded with professionals.

iii) products that are part of an assembly and cannot, by their nature, be separated from the other component elements cannot be returned.

3. Exercise of the right of withdrawal

i) Before the expiry of the withdrawal period, for categories of products that are not exempted, the consumer shall inform the professional of his decision to withdraw from the contract. For this purpose, the consumer may choose one of the following options:

a) to use the withdrawal form model provided in the regulatory act

b) to make any other unequivocal statement expressing his/her decision to withdraw from the contract on a durable medium

c) to complete and send to the address sesizari@divaniesofa.ro either the model withdrawal form provided for in Part B of the annex to the normative act or an unequivocal statement of any other type. In these cases, Luxury Furniture SRL communicates to the consumer, without delay, on a durable medium, confirmation of receipt of the withdrawal form. The burden of proof regarding the exercise of the right of withdrawal in accordance with the provisions of this article of the normative act lies with the consumer.

ii) In case of exercising the right of withdrawal, the consumer is responsible for sending the returned product to the seller's address indicated in the purchase documents, to insure and pay for the transport. The consumer may opt at his own expense for any form of shipping of the product as long as it ensures and guarantees the integrity and safety of the good.

In the event that the return occurs as a result of non-conformities in the delivered goods for reasons attributable to Luxury Furniture SRL (example: a different good than the one ordered was delivered, or the ordered good is destroyed/damaged, etc.), the cost of the return is borne by the seller. The return will be made as much as possible with the original labels intact and by returning all the documents with which the product was delivered.

If the product is returned in a condition in which it can no longer be sold as new (stains, scratches, bends, cracks, dents, discolorations, tears, accessories or parts are missing, it is totally or partially damaged, etc.), Luxury Furniture SRL reserves the right to deduct from the price paid the value of the costs necessary to restore the product to its original condition or to refuse to refund the price.

In this situation, the buyer may opt to regain possession of the returned product, with the transport being borne by the buyer, communicating his option to the seller in this regard.

iii) In a distance sales contract the buyer checks the products he has purchased in order to establish their nature, characteristics and functioning. In order to establish the nature,
features and functionality, the buyer must handle and check the products in the same way as he would be allowed to do so in a real physical store. Thus, the buyer only needs to
to try out a main product or accessory (e.g. mattresses, pillows, etc.) and not to use it intensively.

The buyer is responsible for any diminished value of the goods resulting from handling or other use other than that necessary to determine the nature, qualities and normal functioning of the products.

If the buyer exercises his right of withdrawal after having used the goods in a manner that goes beyond the purpose of establishing their nature, characteristics and functioning, the buyer is responsible for any diminished value of the products. The product will be returned in its entirety, preferably with the original undamaged packaging, with accessories, user manuals, together with all components and accessories.

Any diminution in the value of the products resulting from their handling, other than that necessary to determine the nature, qualities and functioning of the products, is the responsibility of the buyer. For clarity, if the seller accepts the return, he will retain from the total price of the returned good an amount of money representing the diminution in the value of the good and, where applicable, the value of the return transport. The value of the diminution fee and - where applicable, the value of the return transport - will be communicated to the buyer after the qualitative and quantitative reception of the returned goods. In the event that the Buyer does not accept this diminution, the Seller may send the product back to the buyer on condition that he pays the transport fees.

The buyer is informed that, in the event of exercising the right of withdrawal, if the products for which he has expressed the option of returning show signs of wear, scratches, knocks, mechanical or, where applicable, electrical shocks, or damage through handling, assembly, mounting, disassembly or burning, or have missing accessories, the seller reserves the unilateral right to decide not to accept the return and/or to withhold an amount from the value of the product, an amount that will be communicated after assessing the damage to the good(s), as a result of assessing the condition of the good based on the qualitative and quantitative reception carried out by the seller.

If certain defects are found upon delivery of the products, according to the warranty certificate, we are obliged to resolve them depending on the defect of the product/products by repairing, replacing or refunding the value.

The warranty period is 24 months for individuals and 12 months for legal entities. The warranty begins from the moment of purchase of the product/products by the end customer, which is the date of the invoice or receipt.