If you are unsatisfied with the products purchased from http://www.shopjmaurice.com and you want to waive the purchase and implicitly to receive the refund, you can apply for the return policy for products, in 14 days, according to the Emergency Ordinance no. 34/2014 concerning the rights of the consumers that concluded contracts with professionals and also according to any modification and amendment of any legal rules.
A distance contract means a services or product contract, concluded between a trader and a consumer, within a sale system organized by trader, which shall use exclusively, before and after signing this contract, one or several distance communication techniques.
The return right within the term of 14 days shall be only for the clients that purchased the online products from the webpage http://www.shopjmaurice.com.
The client has the right to unilaterally terminate the distance contract, within 14 days, without penalties and without presenting a reason.
The waiver right for the purchase shall not be applicable for the legal entities.
The term of 14 days provided for exercising this right shall start on:
a) the date of contract signing, for the service contracts;
b) the day when the consumer or a third party, besides the carrier, specified by the consumer, physically receives the products, for the sale contracts, or:
i. in case the consumer orders with a single order multiple products that shall be delivered separately, the day when the consumer or a third party, besides the carrier, specified by the consumer, physically receives the last product;
ii. in case of delivering a product that includes several lots or pieces, the day when the consumer or a third party, besides the carrier, specified by the consumer, physically receives last product or the last piece;
iii. for the contracts with periodic delivery of products, for a limited period of time, the day when the consumer or a third party, besides the carrier, specified by the consumer, physically receives last product or the first product;
c) for the contracts of water, gas, power supply, when these do not provide the sale of a limited volume or an established quantity of power or digital content that are not delivered materially, the contract date.
Omission of information concerning the waiver right
In case the professional has not sent to the consumer the information concerning the waiver right, according to the provisions of Emergency Ordinance no. 34/2014, the waiver period shall expire in 12 months after the termination of the initial waiver period of 14 days.
In case the professional sent to the consumer the information concerning the waiver right, in term of 12 months from the date when the products / services are considered delivered, according to the mentions from the above section, the waiver period shall expire in 14 days after the consumer receives such information.
Professional’s obligations in case of waiver
The professional shall refund all the amounts received as payments from the consumer, including, by case, the delivery costs, without unjustified delays and, in any case, not later than 14 days from the date when it is notified about the waiver decision, according to the agreement of the consumer, according to the legal provisions.
The professional shall reimburse the above mentioned amounts using the same payment method as those used by the consumer for the initial transaction, excepting the case when the consumer agreed with another payment method and only under the condition that the consumer shall not be liable for paying the commissions, following reimbursement.
Notwithstanding the first paragraph of this section, the professional is not due to reimburse the additional costs in case the consumer explicitly chose another type of delivery, and not the standard delivery offered by the professional.
Save the case when the professional offered to recover, itself, the products, for the sale contracts, the professional can delay the reimbursement until it receives the products that represented the object of the sale or until receiving the proof from the consumer, according to which the latter sent the products to the professional, which ever date is closer.
Consumer’s obligations in case of waiver
According to Emergency Ordinance no. 34/2014, the consumer shall bear all the direct costs related to the products’ refund, save the cases when the professional accepts to pay those costs or in case the professional has not informed the consumer that such cost should be paid by the consumer. For the contracts outside the trade areas, based on which the products were delivered at the consumer’s domicile at the signing date of the contract, the professional shall take over the products, on its expense, if the products, by their nature, cannot be returned normally, by mail.
Exceptions of the Waiver Right
There are exempted from the waiver right, for the remote agreements and non-trade contracts, the followings:
- service contracts, after the full execution of services, if the execution commenced with the express prior agreement of the consumer and after it has acknowledged that it knows that it shall lose the waiver right after the full execution of the agreement by the professional;
- provision of products or services whose price depends on the financial market fluctuation, that cannot be controlled by the professional and which might take place during the waiver period;
- provision of products manufactured based on the specifications presented by the consumer or clearly customized;
- provision of products susceptible to be deteriorated or to expire in short term;
- provision of sealed products that cannot be returned for health protection reasons or for hygiene reasons and which were unsealed by consumer;
- provision of products that, after delivery, according to their nature, are mixed with other elements;
- provision of beverages whose price was agreed when signing the sale agreement, whose delivery cannot be performed before 30 days and whose real value depends on the market fluctuations that cannot be controlled by the professional;
- the contracts for which the consumer specially requested the professional to go at its domicile in order to perform urgent repair or maintenance works. If, on such visit, the professional rendered other services in addition to those expressly requested by the consumer or provides other products than the indispensable spares for performing the maintenance or repair works, the waiver right shall be applied for such additional services or products;
- provision of sealed audio or video records, or sealed computer programs, unsealed after delivery;
- provision of newspapers, journals and magazines, except the subscription contracts for the provisions of such publications;
- contracts entered during a tender;
- rendering accommodation services, for other purposes than the residential one, cargo transport, car renting, catering or services for the entertainment activities, in case the contract provides a specific date or period for execution;
- provision of digital content that it is not delivered on material support, if the provision started with the express and prior approval of the consumer and after it acknowledged that it knows that it shall lose the waiver right.
For any details or queries concerning the product return, please contact us on email or to any of the phone numbers displayed on http://www.shopjmaurice.com.