General Terms & Conditions

General Terms and Conditions

General Terms and Conditions have two goals:

Clarify how Frumoro and you as customer do selling and buying of our handmade Romanian products.
While we do all efforts to make you happy, we know that exceptionally there can be problems on the purchase you made.

In the following pages we explain all these matters in a language that is easy to understand and inspired by Belgian and Dutch Consumer Organisations.

In case you encounter parts that are not clear to you, please ask us for clarification on info@frumoro.eu.

1. Who are we?

We are a Webshop, frumoro.eu, registered under the name of SC Frumoro SRL, at Calea Baciului 2-4, Amera Tower, RO-400277 Cluj-Napoca, Cluj County, Romania.
Registration: Commercial Trade Registry with EUID: ROONRC.J12/3049/2019
VAT nr RO41468271. You can check on https://ec.europa.eu/taxation_customs/vies/
Equity: RON 23.640,00.
Email: info@frumoro.eu.
The Ultimate Beneficial Owner has the Belgian Nationality. Further information, please send a message on info@frumoro.eu.

2. What do we sell?

Frumoro sells traditional Romanian handcraft, made in Romania. Due to the nature of the products, every item is unique, and colours, form, weight, and dimensions can deviate. We try to describe the products as accurately as possible. If comparable items are more different, we take the effort to put them as different products on the website.

Frumoro does its utmost best to check the geographical origin of the products and tries to buy them directly from the artisans themselves, making sure that the proceeds go to those artisans. Frumoro is not a marketplace. We support the artisans in their efforts to keep traditions alive.

We travel frequently throughout Romania to find beautiful artisanal products and new artisans.

3. Why do we sell these products to you?

Frumoro wants to give the opportunity to citizens in the European Union to learn about genuine Romanian handcraft. Because the aging artisans are disappearing, Frumoro wants to contribute to the younger generation to keep these traditions alive.

4. Where do these General Terms and Conditions apply?

These general terms and conditions apply to every product that Frumoro offers to any customer on our website. Since we work with a website this is a “distance contract” between you and us. In the definitions (see at the bottom) you can find more about “Distance Contract”.

The customer should read the text of these general terms and conditions on our website www.frumoro.eu before making any purchases.

5. What is our offer?

If a product has a limited period of validity or is subject to conditions, it will be clearly stated in the offer.
The offer contains a complete and accurate description of the product. The description shall be sufficiently detailed allowing a proper assessment of the offer by the customer. When Frumoro uses images, these are a true representation of the products. Colours of the pictures may slightly deviate because of the light source, but also because the quality of the display of the device used by the customer. Obvious mistakes or obvious errors in the offer do not bind Frumoro.
Each offer contains such information that it is clear to the customer what the rights and obligations are that are attached to the acceptance of the offer. In case of doubt, we invite you to contact us on support@frumoro.eu .

6. What is our agreement with you as customer?

Subject to the provisions of article 4 of this paragraph, the agreement is concluded at the time of acceptance by the customer of the offer and the fulfilment of the conditions explained.
When the customer has accepted the offer electronically, Frumoro confirms receipt of the acceptance of the offer electronically as fast as possible. If the receipt of this acceptance has not been confirmed by Frumoro, the customer can dissolve the agreement.
Frumoro will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. When the customer pays electronically, Frumoro will observe appropriate security measures to protect the customer.
Frumoro can inform itself within the legal limits whether the customer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this review, Frumoro has good reasons not to enter into the agreement, Frumoro is allowed to refuse the order or to attach special conditions to the order.
At the latest upon delivery of the product to the customer, Frumoro will send the following information, in writing together with the product, or electronically that can be stored by the customer on a durable data carrier:

the address of Frumoro where the customer can go with complaints. (complaints@frumoro.eu)
the conditions in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
the price of the product including VAT, the costs of packing, transport, delivery, and the method of payment of the execution of the distance contract.
if the customer has a right of withdrawal, the model withdrawal form is electronically available on the website of Frumoro. See also Annex 1, at the bottom of these General Terms and Conditions.

7. What is the right of withdrawal of an order?

The customer can terminate the agreement with regards to the purchase of a product during a cooling-off period of thirty calendar days without giving reasons. Frumoro may ask about the reason for withdrawal but cannot oblige the customer to state the reasons.
The cooling-off starts on the day after the customer has received the product, or in case of ordering more than one product in the same order: the day on which the customer has received the last product.
The customer has the right to an extended cooling-off period for the order in case Frumoro has not provided the customer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraph of this article.
However, if Frumoro provides the information referred to in the previous paragraph to the customer within twelve months after the original cooling-off period, the cooling-off period expires 30 days after the day on which the customer has received that information.

8. What are my duties as a customer during the cooling-off period?

During the cooling-off period, the customer will handle the product and the packaging with care. He or she will only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The starting point here is that the customer may only handle and inspect the product as he or she would be allowed to do in a physical store.
The customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The customer is not liable for depreciation of the product if Frumoro has not provided him or her with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

9. How can I withdraw the order as a customer and what are the costs?

If the customer makes use of his right of withdrawal, he or she reports this to Frumoro within the cooling-off period by means of the model form for withdrawal or in another unambiguous manner. The best way is to send this decision to support@frumoro.eu.
As soon as possible, but within 14 days from the day following the notification to Frumoro the customer sends back the product. The customer must in any case observe that the return period is limited to the cooling-off period. The date of return can be proven by the receipt of sending the order back.
The customer returns the product with all accessories supplied, if possible, in original condition and packaging, making sure that the product is well packed to protect the product from being damaged during the transport.
The risk of damage during transport and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
The customer bears the direct costs of returning the product to Frumoro. If Frumoro has not reported that the customer must bear these costs or if Frumoro indicates that it bears the costs itself, the customer does not have to bear the costs for return.
If the customer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
The address for return of the product is:
Baba Novac 26 – 1
400080 Cluj-Napoca
Romania

10. What are the duties of Frumoro in the event of withdrawal?

When Frumoro receives the notification of withdrawal by the customer, Frumoro will send a confirmation of reception of the notification as soon as possible to the customer, electronically.
Frumoro will reimburse all payments the customer made for the order, including the initial delivery costs charged by Frumoro. This reimbursement will be executed as fast as possible but the latest 14 days after the reception by Frumoro of the withdrawn product.
Frumoro uses the same means of payment that the customer has used for reimbursement unless the customer agrees to another method. The refund is free of extra charges to the customer.

11. In which case is the right of withdrawal not applicable?

Products manufactured according to customer specifications, and which are made based on an individual choice or decision of the customer, or which are clearly intended for a specific person, Frumoro will clearly state in the offer, at least in time before the conclusion of the agreement that the product is excluded from the right of withdrawal.

12. What is the price of a product, and can it change?

During the period of validity stated in the offer, the prices of the products offered will not be changed, except for price changes because of changes in VAT rates.
The prices stated in the offer of products include VAT. The VAT rate depends on the location where the product is delivered.
The prices mentioned for the products are excluding delivery costs. Delivery costs are added during the checkout process and are depending on destination, weight, dimension, and other elements of the price policy of the logistics partner. The checkout process can be terminated at any time without incurring any expenses until the payment process is starting.

13. What about the warranty of the products?

Frumoro guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement.
A guarantee provided by the Frumoro never limits the legal rights and claims that the customer can assert against Frumoro based on the agreement if Frumoro has failed to comply with its part of the agreement.
All products that can be ordered in Frumoro.eu are handmade and unique. It is important to read how these products can used and how to clean them. Using products for other uses is not advised unless Frumoro indicates so. In case there is doubt about any issue on the use of the products or how to clean them, the customer can contract Frumoro on support@frumoro.eu. Frumoro counts on the common sense of the customer in the use of the products. Specifically, no products should be given to children under the age of 12 years, unless Frumoro mentions explicitly the opposite.

14. About delivery and execution of orders.

Frumoro will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the delivery address that the customer has made known to Frumoro. This address can be different than the address for invoicing. The address of delivery determines the VAT rate. Creating a customer account on Frumoro will prevent that during the checkout process the VAT rate may change, and thus the prices of the products, unless the country of ordering the product is different from the country of delivery.
Frumoro will execute accepted orders expeditiously but no later than within 30 days unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the customer will receive notice of this no later than 30 days after he or she has placed the order. In that case, the customer has the right to dissolve the agreement without costs and Frumoro will immediately refund the amount that the customer has paid.
For the products that are made on the specific need of the customer, Frumoro will estimate the delivery period until the product is made. If the delivery time changes due to reasons that are outside the will of Frumoro, Frumoro will update the costumer with a new estimated date of delivery. As custom made products are not possible to be withdrawn (Paragraph 11) the order remains valid. Based on paragraph 13 the customer can be reimbursed in case of a clearly faulty execution of the order. In case the customer cannot agree with the delay of the custom order, Frumoro and customer will agree on an indemnity based on the expenses made by Frumoro. This will be deducted from the refund that the customer is entitled to.
The risk of damage and / or loss of products rests with the Frumoro until the moment of delivery to the customer or a pre-designated representative made known to Frumoro, unless expressly agreed otherwise.

15. What is the duration of an agreement?

Paragraph 6 explains that the duration of an agreement with the customer is defined with the order that contains one or more products.
The customer can enter into an agreement with Frumoro on a longer term covering frequent orders. Such agreement can be made as a supplement to the Terms and Conditions.

16. How does the complaints procedure work?

Frumoro publicized the complaint procedure on the website and manages the complaint in accordance with this complaint procedure.
Complaints about the execution of the agreement must be sent to Frumoro clearly described within a reasonable time after the customer has discovered the defects. (complaints@frumoro.eu) We assume that a period of 30 days after receipt of the order is a reasonable time.
Complaints sent to Frumoro will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Frumoro will respond within the period of 14 days with a message of receipt and an indication when the customer can expect a more detailed answer.
A complaint about a product can also be submitted via a complaint form on https://ec.europa.eu/consumers/odr, the EU complaints platform.

17. What in case of a dispute?

Frumoro will do its utmost best to find solutions for a complaint of the customer.
Agreements between Frumoro and the customer to which these general terms and conditions relate, are exclusively governed by Romanian Law.
A complaint can also be submitted via a complaint form on https://ec.europa.eu/consumers/odr, the EU complaints platform.

18. Intellectual Property Rights

The content of the Frumoro website including, but not limited to, the graphic signs, names, trademarks (such as, for example: the name of the site and of the Frumoro company, texts, multimedia files) are the property of FRUMORO SRL and cannot be taken over and / or used without the prior written consent of the owner.

Visitors to this website have the possibility to copy information from this website, to use it only for personal, non-commercial purposes and without deleting or modifying it. Modification or use of materials on this site for purposes other than for information is prohibited.

By accessing this website, visitors agree that any name, logo, trademark, texts, and media files presented on this site are owned by Frumoro and may not be used by the user, except for informational purposes.

Frumoro owns the intellectual property on its name and logo for all countries of the EU. (https://euipo.europa.eu)

If Frumoro gives the Visitor / Customer the right to use in a certain way the content of the site, he/she will use it only for the purpose for which it was defined and for a period defined in an agreement.

Any unauthorized modification of the website is prohibited.

19. Force Majeure

Force Majeure is a situation where a business cannot live up anymore to the promises made to its customers. The origin can be a natural disaster, war, unexpected government measures, quarantines, epidemic, disruptions of logistics chains and similar events.

If Frumoro can prove that the above events cause the inability to existing orders to be delivered, then the customer has no right for indemnity. Frumoro has the right to cancel the order without any right of indemnity. Any payment made will be reimbursed for such orders.

20. Annex I – Model withdrawal form

Only complete and return this form if you wish to withdraw from the agreement with Frumoro and send to support@frumoro.eu.

To Frumoro SRL.

I hereby inform you that I have fulfilled my agreement with Frumoro regarding the sale of the following products being withdrawn:

Describe and give the references of the product and order.

Name, address, and email address customer.

21. Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the customer can make use of his right of withdrawal.
Customer: the natural person who does not act for purposes related to his trade, business, craft, or profession.
Day: calendar day.
Durable data carrier: any tool – including e-mail – that enables the customer or Frumoro to store information that is addressed to him/her personally in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information. It includes the download of the General Terms and Conditions, Privacy policy and the Cookie Policy.
Right of withdrawal: the possibility of the customer to renounce the distance contract within the cooling-off period.
Distance contract: it is an agreement between Frumoro and you as a customer in the context of an organized system for distance selling of products whereby up to and including the conclusion of the agreement exclusive or co-use is made of one or more techniques for distance communication.
Model withdrawal form: the European Model withdrawal form included in Annex I to these terms and conditions. Annex one does not have to be made available if the customer does not have a right of withdrawal about his order.
Technique for distance communication: means that can be used to conclude an agreement, without the customer and entrepreneur having to be together in the same room at the same time.