This English text is provided for convenience. The Romanian version is the legally binding one.
These Rules govern the general conditions and requirements applying to the processing of personal data of the customers and consumers of „Viorica-Cosmetic” S.A. by the advertising and PR department.
These Rules are based on Law no. 133 of 8 July 2011 on the protection of personal data, on the Requirements for ensuring the security of personal data during its processing within personal data information systems, approved by Government Decision no. 1123 of 14 December 2010, on Law no. 284 of 22.07.2004 on electronic commerce, on the Law on consumer protection, and on Government Decision no. 1465 of 18.12.2003 approving the Rules for replacing non-food products and their warranty periods.
This document, together with all documents referred to in it, sets out the terms and conditions governing the use of the botanicformula.md website (hereinafter „botanicformula.md” or „the Site”) and the placing of product orders through this Site (hereinafter „the Terms”).
Any product or service offered through this Site is addressed to individuals who may purchase or access it for their own use and not for resale, hereinafter „the Customer” or „Customers”. „Viorica-Cosmetic” S.A. has no obligation or liability arising from the successive resale of products or services by Customers.
The Terms and our Privacy policy (together, „the Data protection policies”) must be read before using the Site and before placing an order through it. By accessing and using this Site, or by placing an order through it, the Customer is deemed to expressly acknowledge that the Terms and the Data protection policies are binding, and to undertake to observe them.
If the Terms and the Data protection policies are not accepted in full, do not use this Site. The Company reserves the right to revise these Terms without prior notice. The Terms published on botanicformula.md at the moment the order is placed are the ones that apply.
Any question about the Terms or about the Data protection policies may be sent at any time to [email protected]. The Contract, as defined below, may be concluded where express agreement to that effect is given.
All periods referred to here are counted in calendar days. Where the last day of a period is a non-working day, the period is extended to the first working day that follows.
The operator of the botanicformula.md website is „Viorica-Cosmetic” S.A., organised under the law of the Republic of Moldova, with its registered office in Chișinău, 1 Mesager Street, tax identification number 1002600033793, registered on 22.02.1996.
The information and personal data provided by the Customer is processed in accordance with the Data protection policies. By using this Site, or by placing a product order through botanicformula.md, the Customer expressly and unequivocally consents to the processing of that information and data, and declares that everything provided is truthful and accurate, and that where the information or data provided through the Site belongs to a third party, the prior written consent of that person has been obtained.
The following categories of personal data are processed:
The personal data covered by these Rules is stored by the person responsible within the company in a way that allows the data subjects to be identified strictly for as long as is necessary for the purposes for which the data is processed. Once that period expires, the records are destroyed or deleted, according to the medium on which they were kept. Where the law expressly requires it, records may be retained and given the status of archive documents.
Any use of personal data for purposes other than those set out above is prohibited.
The processing of information containing personal data in the records system of the Viorica online shop is carried out for the duration of the contractual relationship between „Viorica-Cosmetic” S.A. and the Customer, consultant or buyer. Once the periods above expire, the data is kept in archived form for 6 years for the primary documents justifying economic operations, in line with the Index of standard documents and their retention periods for public administration bodies, institutions, organisations and enterprises of the Republic of Moldova, approved by the State Archive Service under no. 57 of 27.07.2016.
By using this Site, or by placing any product order through it, the Customer undertakes:
If not all the required information is provided, the order may not be completed.
By placing an order through the Site, the Customer declares that they are over 16 years of age and have the legal capacity to enter into binding contracts.
Customer account
Every Customer may create a Customer account on the botanicformula.md platform, becoming a botanicformula.md member and benefiting from all the advantages of registration.
The Customer is solely responsible for maintaining the confidentiality and security of the account. The Customer is likewise solely responsible for all activity carried out through or in connection with the account, and agrees to notify „Viorica-Cosmetic” immediately of any unauthorised use of the account or any other breach of security. „Viorica-Cosmetic” S.A. is not liable for damage resulting from unauthorised use of the account.
In campaigns dedicated to botanicformula.md members that involve sending samples or promotional materials, these are sent only to Customers domiciled in the Republic of Moldova.
Fraud
Attempts at unauthorised access to the Site, including but not limited to any attempt to access another Customer's personal data, to alter the content of the botanicformula.md site or to affect the performance of the server on which it runs, are treated as attempts to defraud the botanicformula.md site and are reported to the competent authorities, setting in motion criminal investigation against whoever attempted them.
Communication
Opinions or messages containing insults or inappropriate language are removed from the site or ignored.
By using the contact form or the service available on the site, the Customer allows „Viorica-Cosmetic” to contact them by any available means, including electronic ones.
Completing the contact form in whole or in part and sending it does not in any way commit „Viorica-Cosmetic” to contacting the Customer.
Cookies
The botanicformula.md site uses its own cookies and cookies placed by third parties, such as Google, in order to offer the best possible experience on the site. The cookies used on this Site provide valuable feedback and support improvements to the online experience.
An „Internet Cookie” is a small file, made up of letters and numbers, stored on the computer, mobile terminal or other equipment from which the Internet is accessed. It is not a virus and does not request personal information in order to work.
Cookies give the user a pleasant browsing experience and support the efforts of many websites to offer convenient services, because they store important information that improves browsing (for example the language chosen for a site, keeping a user signed in, online banking security, or keeping products in the shopping cart).
Some browsers make it possible to control cookies and to disable them. It should be borne in mind, however, that disabling cookies may also reduce the quality of visits to the botanicformula.md site. Details are given in the Privacy policy.
Orders are placed through our order system, by completing the order form, or by telephone on the number given on the Site. All orders are subject to our acceptance, and we confirm acceptance by sending an email confirming dispatch of the product („the Dispatch confirmation”). By completing the order, the Customer confirms that all the data they have provided for the purchase process is correct, complete and true as at the date the order is placed.
Where a Customer changes their personal data using the forms available on the Site, all contracts in progress at that moment keep the data defined and accepted by the Customer before the change.
All product orders depend on the availability of those products in stock. Accordingly, where supply difficulties arise or products are no longer in stock, the Company reserves the right to inform the Customer about replacement products of equal or higher quality and value that may be ordered. If the suggested alternatives are not wanted, and payment for the ordered products has been received, the Company refunds in full any sums paid.
„Viorica-Cosmetic” S.A. reserves the right to refuse a Customer's order in whole or in part, with no subsequent obligation of either party towards the other and without either party being able to claim damages, in the following cases:
We reserve the right to remove any product from this Site at any time, at our discretion, and to remove or change any material or information on this Site. Although the Company makes every effort always to process all orders placed, exceptional circumstances may make it necessary to refuse to process an order after the Order confirmation message has been sent, and the Company reserves the right to do so at any time. The Company bears no liability towards the Customer or any third party for removing any product from this Site, for removing or changing any material or content on this Site, or for not processing an order after the Order confirmation message has been sent.
„Viorica-Cosmetic” informs the Customer when an ordered product is unavailable, and the Customer may accept or refuse partial fulfilment. For information about an order, telephone 022 836 238 from Monday to Friday between 8 and 16, or send an email to [email protected].
Orders placed from Monday to Friday are processed within 24 hours of being placed; orders placed on Saturday and Sunday are processed on the following Monday. Should these arrangements change, the new periods are announced both on the Site and in electronic communications.
The information set out in the Terms and the data contained on this Site do not constitute an offer to sell, but an invitation to treat. There is no contract between the Customer and „Viorica-Cosmetic” S.A. in relation to any product until the order is expressly accepted by the Company. If the offer is not accepted and funds have already been taken from the Customer's account, they are refunded in full.
The contract for the purchase of a product („the Contract”) is concluded only when the Dispatch confirmation is sent.
The price of each product is the one stated on the Company's Site, except where there is an obvious error. The Company undertakes to state prices correctly on the Site, but errors are possible. If a price error is discovered on any product in a Customer's order, the Customer is informed as soon as possible and is offered the choice of reconfirming the order at the correct price or cancelling it. If the Customer cannot be contacted for reasons not attributable to the Company, the order is treated as cancelled and, if the product or products have already been paid for, the payment is refunded in full.
The Company is under no obligation to sell a product at an incorrect lower price (even where the Customer has received the Dispatch confirmation) if the price error is obvious, unmistakable and could reasonably have been identified by the Customer as an error.
Prices shown on the Site include VAT but do not include delivery costs, which are added to the total amount due, as set out in the „How do I buy? What are the delivery costs?” section.
Prices may be revised at any time without prior notice, but, subject to the exceptions above, no potential change affects an order for which an Order confirmation was already sent before the prices changed.
The online shop offers various kinds of discount. Any discount code may be used only once, unless expressly provided otherwise. Promotions and discounts cannot be combined with other promotions and discounts available in „Viorica-Cosmetic” shops.
Once the Customer has selected every product they wish to buy by adding it to the shopping cart, the next step is to go through the checkout process and make the payment. To do so, the Customer follows the steps of the purchase process, filling in or checking the information requested at each step. Throughout the purchase process, and before payment is made, the Customer may still change the order details. In addition, a registered member has a history of all the orders they have placed, in the „My account” section.
In the botanicformula.md online shop, the Customer may choose one of the following payment methods:
The Customer may pay for the order online, securely, using:
Payment is made in complete safety, with no additional commission charged by botanicformula.md.
Card details are processed by the payment processor VictoriaBank, and botanicformula.md neither requests nor stores any details of the Customer's card. To complete a card transaction correctly, the Customer must provide the card number (all the digits in the four groups on the front of the card), the expiry date and the last three digits printed on the signature strip on the back (CVV/CVC; depending on the type of card, these may be absent).
When paying by Apple Pay or Google Pay, card details are not passed to the merchant: they are replaced by a unique token generated by the digital wallet provider. Payment is confirmed by Face ID, Touch ID or the device passcode.
When paying by MIA, the Customer confirms the transaction directly in their bank's mobile app, without entering card details.
Credit and debit cards are subject to validation and authorisation checks by the issuing institution. Where the Company does not receive the necessary authorisation, it accepts no liability for delay in delivering the products ordered or, as the case may be, for their non-delivery, and will not be able to conclude the Contract with the prospective Customer.
On receiving the parcel, the Customer may pay the courier in one of the following ways:
Payment on delivery is made only after the Customer has checked that the parcel is as ordered. Cash-on-delivery fees may apply to this payment method, in line with the partner courier's tariffs, and these are shown transparently at checkout.
The botanicformula.md website uses SSL encryption on every web page where payments are made. To shop through these services, the Customer must use a browser that supports SSL, such as Firefox, Safari, Google Chrome, Opera, Microsoft Edge or another compatible browser, so that the confidentiality of their personal data is protected.
3D Secure is an anti-fraud system developed by Visa and Mastercard. Using it increases the security of online transactions. If a card enrolled in 3D Secure is lost or stolen, it cannot be used by third parties for online purchases.
The authentication process requires no special application and does not hinder browsing. Depending on the issuing bank, authentication may be carried out through a one-time code received by SMS, through confirmation in the bank's mobile app (push notification), or through biometric data (Face ID / fingerprint).
botanicformula.md has no access to, and does not store, the Customer's full card details. All sensitive data (card number, CVV, expiry date) is entered directly on the secure page of the payment processor VictoriaBank and is protected in accordance with the international PCI-DSS standards.
For payments through Apple Pay, Google Pay and MIA, card details are not even transmitted through the botanicformula.md website, being replaced by secure tokens generated by the respective providers.
Where an order is cancelled, products are returned, or delivery proves impossible, the amount paid is refunded to the Customer by the same payment method used for the purchase, within the periods laid down by the legislation in force in the Republic of Moldova and by the internal rules of the payment processor or issuing bank.
For payments made by card or through digital wallets (Apple Pay, Google Pay, MIA), the amount is returned to the account or card from which the payment was made. For payments made cash on delivery, the refund is made by bank transfer, on the basis of the details provided by the Customer.
Subject to the provisions of Article 5 above on product availability, and except in extraordinary circumstances, the Company makes every effort to complete the order with the product or products listed in the Order confirmation by the date stated in the Dispatch confirmation or, where no estimated delivery date is stated, within the estimated period indicated when the delivery method was chosen, and in any case within no more than 30 calendar days of the date of the Dispatch confirmation.
Delays may nonetheless occur, for reasons such as unforeseen circumstances or the delivery area.
If for objective reasons the Company cannot meet the delivery date, the Customer is informed and is offered the choice of keeping the order with a new delivery date or cancelling it with a full refund of the amount paid. Please note that the Company does not deliver on non-working days.
For the purposes of these Terms, „delivery” is deemed to have taken place, and the order is deemed „delivered”, when the Customer or a third party designated by the Customer takes physical possession of the products, evidenced by the signature confirming receipt of the order at the agreed delivery address.
If the product order does not reach the Customer within the estimated delivery time, they may contact the Company on 078870870 or at [email protected].
Where delivery is by courier and the Customer is not found at the stated address within the mutually agreed time slot, the courier returns once more after managing to make contact. If the second delivery also fails, the order is cancelled and the product returned to the premises of „Viorica-Cosmetic” S.A., with the Customer bearing the cost of a new delivery regardless of the value of the products ordered. In that case the delivery address for the parcel is confirmed with a „Viorica-Cosmetic” S.A. customer adviser by telephone or email.
Where parcels show signs of damage (torn or opened packaging and the like), the Company recommends that the Customer refuse to accept the parcel and report this to [email protected].
If, after opening the parcel, it contains damaged products or products that do not match those invoiced, we recommend contacting the Company within 24 hours of receiving the parcel, at [email protected], attaching a photograph of the products or the parcel.
„Viorica-Cosmetic” S.A. is not responsible for defects in products arising from handling or transport by the courier.
Where the delivery or order-processing periods cannot be met, „Viorica-Cosmetic” S.A. informs the Customer of this and of the estimated completion date, without either party being able to claim damages from the other, whatever caused the delay.
Products can be delivered only within the Republic of Moldova.
Delivery method: courier.
The courier attempts delivery at the delivery address given on the checkout page. If delivery does not succeed, the parcel is returned to the premises of „Viorica-Cosmetic” S.A. and the order is cancelled, with the Customer bearing the cost of a new delivery regardless of the value of the products ordered.
All risks relating to the products, including loss and damage, pass to the Customer from delivery, when the Customer, or a third party designated by the Customer other than the courier, takes physical possession of the products.
Ownership of the products passes to the Customer only once full payment has been made of all sums due for the products, including delivery costs, or on delivery (as defined in Article 9 above) if that occurs later. Legal ownership of the products reverts instantly to „Viorica-Cosmetic” S.A. if any such payment is refunded to the Customer.
Government Decision no. 1465 of 08-12-2003 approving the Rules for replacing non-food products and their warranty periods provides, in Annex 2, that perfumery and cosmetic articles of adequate quality cannot be exchanged for similar products.
Free remedy of defects that appear in a product, free replacement, or refund of the product's value, within the warranty or shelf-life period, for defects not attributable to the consumer, is carried out unconditionally within no more than 14 calendar days of the date the consumer submits the claim.
Where cosmetic products do not meet the prescribed or declared requirements, the products are replaced or their value refunded, at the consumer's request and choice.
The value of a product sold is refunded immediately after it is established that it cannot be used, where the defect is not attributable to the consumer and the consumer has refused repair or replacement.
When the value of a product is refunded, the price taken into account is the price at the date the claim is examined, where the price has risen, and the price at the date of purchase, where the price has fallen. Any reduction in the price of a defective product is agreed between the parties.
In the event of adverse or unpleasant reactions following the use of the products, the Customer is asked to notify the Quality Control Department of „Viorica-Cosmetic” S.A., describing the problem in detail so that the specialists can assess it as accurately and relevantly as possible. An email should be sent to [email protected] for this purpose.
Legal guarantee of conformity
The warranty conditions follow Law no. 235 of 01.12.2011 on the sale of products and associated guarantees, and the Law on consumer protection.
Where there is a lack of conformity, the non-conforming product must be presented in its original packaging, together with its accessories and proof of purchase. Where products arrive without these documents, they may be returned to the sender without the warranty claim being settled.
This site is protected by copyright.
All content of the botanicformula.md site, including texts, images, graphic elements, audio and video files, trade marks, service marks, industrial designs and models, and trade names, is the exclusive property of „Viorica-Cosmetic” S.A. and may not be reproduced, modified, transmitted, reused, appropriated, or used publicly or for commercial purposes without the prior written consent of „Viorica-Cosmetic” S.A. „Viorica-Cosmetic” S.A. is the only entity entitled to use the intellectual and industrial property rights and the related publicity rights, and grants no licence and no right other than that of consulting the Site.
Any reproduction or representation, in whole or in part, of the site or of any of the elements composing it, on any medium and in any form, for other purposes and in particular commercial ones, is expressly prohibited.
Any request for authorisation must be sent to: „Viorica-Cosmetic” S.A., Chișinău, 1 Mesager Street. Any unauthorised use, or infringement of copyright or of other intellectual and industrial property rights, may give rise to civil or criminal proceedings.
The Contract concluded between „Viorica-Cosmetic” and the Customer is binding on each of the parties.
The Customer may not transfer, assign, encumber or otherwise dispose of a Contract or of any of their rights or obligations under it without first obtaining the written consent of „Viorica-Cosmetic”.
„Viorica-Cosmetic” S.A. may transfer, assign, subcontract or otherwise dispose of a Contract or of any of its rights or obligations under it, at any time and for the whole duration of the Contract. For the avoidance of doubt, no such transfer, assignment, encumbrance or other disposal affects the Customer's legal rights as a consumer, or cancels, reduces or otherwise limits any warranty granted to the Customer, whether express or implied.
„Viorica-Cosmetic” S.A. may send notifications about the company's activity and about the botanicformula.md Site to the email address entered in the notification subscription form, or by another means of communication. Receiving notifications requires selecting the corresponding option by completing a form through the botanicformula.md Site or through a campaign page of „Viorica-Cosmetic” S.A., and unconditional acceptance of the Terms where the Customer has not already given that agreement.
The data collected from the Customer for the purpose of sending notifications may and will be used by „Viorica-Cosmetic” S.A. within the limits of the Privacy policy.
The Customer may stop receiving notifications at any time, by the following means:
Stopping notifications does not amount to withdrawing acceptance of the Terms.
„Viorica-Cosmetic” S.A. reserves the right to select the persons to whom it sends notifications, and the right to remove from its database any Customer who has previously consented to receive them, with no subsequent commitment on the part of Viorica-Cosmetic and without prior notice.
„Viorica-Cosmetic” S.A. does not include in the notifications sent to the Customer any other advertising material in the form of content referring to a third party that is not a partner of „Viorica-Cosmetic” at the time the newsletter is sent.
Any relationship established by purchasing products or services through the Site is governed by and interpreted in accordance with the law of the Republic of Moldova, and the Customer agrees to submit to the exclusive jurisdiction of the competent courts of the Republic of Moldova.
Any dispute between „Viorica-Cosmetic” and another party is subject to amicable settlement. Where no common ground is reached by that means, jurisdiction lies with the courts of the Republic of Moldova.
„Viorica-Cosmetic” S.A. reserves the right to discontinue the operation of the Site without prior notice.
These Terms and any document expressly referred to in them constitute the entire agreement between the Customer and „Viorica-Cosmetic” regarding the subject matter of any Contract, and replace any other prior agreement, understanding or arrangement, whether oral or written, between the Customer and „Viorica-Cosmetic”.
„Viorica-Cosmetic” S.A. reserves the right to make any changes to these provisions, and any changes to the Site or its structure, including changes that may affect the Site or any content, without prior notice to the Customer.
„Viorica-Cosmetic” S.A. cannot be held responsible for any errors appearing on the Site for any reason, including because of changes, settings and the like that are not made by the Site administrator.