Terms and conditions

1. DEFINITIONS AND TERMS

Dynastique Empire – is the trade name of DYNASTIQUE S.R.L., a legal entity of Romanian nationality, with registered office in Floresști, Someșului Street, no. 120, Bl. C3, Et. 5, Apt. 32, Cluj County, 407280, Romania, with order number in the Trade Register J2024018953008, tax code RO50488278.

Seller – Dynastique Empire.

Buyer – can be any natural person over the age of 16 or a legal person or any legal entity that creates an Account on the Site and places an Order.

Customer – may be any natural person over the age of 16 or any legal entity that has or obtains access to the CONTENT, by any means of communication made available by Dynastique Empire (electronic, telephonic, etc.) or on the basis of a user agreement existing between Dynastique Empire and him/her and requiring the creation and use of an Account.

User – any natural person over the age of 16 or a legal entity registered on the Site, who, by creating an Account, has consented to the Site-specific clauses in the General Terms and Conditions section.

Account – the section of the Site consisting of an e-mail address and a password which allows the Buyer to submit the Order and which contains information about the Customer/Buyer and the Buyer’s history on the Site (Orders, tax invoices, etc.). The User is responsible for and will ensure that all information entered when creating the Account is accurate, complete and up to date.

Favourites – the section of the Account that allows the Buyer/User to create Lists of goods and services that they wish to track for possible purchase, using the service offered by the Seller to track goods and services by receiving commercial communications from the Seller.

My Basket – the section of the Account that allows the Buyer/User to add Goods or Services that they wish to purchase at the time of adding or subsequently; if the Goods or Services are not purchased at the time of adding by placing an Order, the Buyer/User will take advantage of the service offered by the Seller to track the Goods and Services by receiving Commercial Communications from the Seller. Website – online store hosted at the web address dynastiquempire.com and its subdomains.

Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer whereby the Buyer conveys to the Seller, via the Site, his intention to purchase Goods and Services from the Site.

Goods and Services – any Goods or Services listed on the Site, including the Goods and Services referred to in the Order, which are to be supplied by the Seller to the Buyer as a result of the Contract entered into.

Campaign – the act of exhibiting, for commercial purposes, a finite number of goods and/or services with a limited and predefined stock for a limited period of time set by the Seller.

Contract – is the distance contract concluded between the seller and the buyer without the simultaneous physical presence of the seller and the buyer.

Content – means:

• all information on the Website that can be visited, viewed or otherwise accessed through the use of electronic equipment;
• the content of any e-mail sent to Buyers by the Seller by electronic and/or any other available means of communication;
• any information communicated by any means whatsoever by an employee/collabourer of the Seller to the Buyer in accordance with the contact information, whether or not specified by the Buyer;
• information relating to the goods and/or services and/or prices charged by the Seller in a particular period;
• information on goods and/or services and/or tariffs charged by a third party with whom the Seller has partnership contracts in a given period;
• data relating to the seller or other proprietary data of the seller.

Document – these Terms and Conditions.

Marketing Communications – any type of message sent (such as: email/SMS/phone/mobile push/webpush/etc.) containing general and thematic information, information about products similar or complementary to those you have purchased, information about Dynastique Empire offers or promotions, information about goods and services added to the “My Account/My Account” or “Account/Favourites” section, as well as other marketing communications such as market research and opinion polls.

Transaction – the collection or reimbursement of an amount resulting from the sale of a good and/or service by Dynastique Empire to the Buyer, using the services of the Seller’s approved card processor, regardless of the method of delivery.

Specifications – all specifications and/or descriptions of the Goods and Services as specified in the Description.

Sale Price – is the equivalent value of the Goods, claimed and demanded by the Seller, from the Buyer/Customer/User, duly highlighted on the product page of the Site. The Seller may display the amount of the difference between the Sale Price and the PRP and/or the amount or percentage difference between the Sale Price separately and prominently. The Sale Price is valid while stock of the Good/Service is available.

2. CONTRACTUAL DOCUMENTS

2.1. By placing an order on the website, the buyer agrees to the form of communication (by telephone or e-mail) through which the seller conducts its business operations.

2.2. The notification received by the Buyer after placing an order is for information purposes only and does not constitute acceptance of the order. This notification is made electronically (e-mail) or by telephone.

2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If it changes the quantity of Goods and/or Services in the Order, it will notify the Buyer at the e-mail address or telephone number made available to the Seller at the time the Order was placed and, if applicable, will refund the amount paid by the Buyer, representing the value of the undeliverable goods.

2.4. The Agreement shall be deemed to be concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, by e-mail and/or SMS, of the notification of dispatch of the Order.

2.5. The document and information provided by the Seller on the Website will form the basis of the agreement, in addition to the warranty certificate issued by the Seller or its supplier for the goods purchased.

3. ONLINE SALES POLICY

3.1. Access to place an Order is allowed to any User/Shopper. For justified reasons, Dynastique Empire reserves the right to restrict the User/Shopper’s access to place an Order and/or to some of the accepted methods of payment, if it considers that, based on the User/Shopper’s behaviour or activity on the Site, the User/Shopper’s actions could harm Dynastique Empire in any way. In any of these cases, the User/Shopper may contact Dynastique Empire’s Customer Service to be informed of the reasons that have led to these measures.

3.2. Communication with the Seller may take place through direct interaction with the Seller or via the addresses mentioned in the “contact” section of the Site. The Seller is free to handle the information received without having to provide any justification.

3.3 In the event of an unusually high volume of traffic from an Internet network, Dynastique Empire reserves the right to require users/buyers to manually enter captcha validation codes in order to protect the information on the Website.

3.4. Dynastique Empire may publish on the Site information about the Goods and/or Services and/or promotions practised by it or by any other third party with which Dynastique Empire has entered into partnership agreements, during a given period or within the limits of available stock.

3.5. All prices for Goods and/or Services presented on the Site are expressed in lei and include VAT.

3.6. In the case of online payments, the Seller is/cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing his card, in case the currency of issue of his card differs, so the Buyer alone is responsible for this action.

3.7. Any information used to describe the Goods and/or Services available on the Website (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, and is used solely for presentation purposes.

4. ASSIGNMENT AND SUBCONTRACTING

4.1. The Seller may assign and/or subcontract to a third party for services in connection with the fulfilment of the order, informing the Buyer, without the Buyer’s consent The Seller shall always be liable to the Buyer for all contractual obligations.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

5.1. The Content, as defined in the preamble, including but not limited to logos, stylised representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of Dynastique Empire, and all rights obtained in this respect directly or indirectly (through licences for use and/or publication) are reserved.

5.2. The Customer/Shopper/User is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than the original one intended by Dynastique Empire, include any Content outside the Site, remove any marks that signify Dynastique Empire’s copyright in the Content, or participate in the transfer, sale, distribution of materials realised by reproducing, modifying or displaying the Content, except with Dynastique Empire’s express written consent.

5.3. Any Content to which the Customer/ Buyer/ User has and/or obtains access by any means whatsoever, is subject to the Document, unless the Content is accompanied by a specific and valid utilisation agreement entered into between Dynastique Empire and him/her, and without any implied or express warranty made by Dynastique Empire with reference to that Content.

5.4. The Customer/ Buyer/ User may copy, transfer and/or use the Content solely for personal or non-commercial purposes, provided that they do not conflict with the provisions of this document.

5.5. No content transmitted to the Client/ User/ Buyer by any means of communication (electronic, telephonic, etc.) or acquired by accessing, visiting and/or viewing the same shall constitute a contractual obligation on the part of Dynastique Empire and/or the Dynastique Empire employee/ agent who has mediated the content transfer, if any, to the content in question.

6. COMMENTS

6.1. The Customer/Purchaser may place Orders on the Website by adding the desired Goods and/or Services to the shopping basket, and will finalise the Order by making payment in one of the ways expressly indicated. Once added to the shopping basket, a Good and/or Service is available for purchase to the extent that stock is available for it. The addition of a Good/Service to the shopping basket, in the absence of the Order being finalised, does not imply the registration of an Order, nor does it automatically reserve the Good/Service.

6.2. By completing the Order, the Buyer agrees that all the data that he/she provides, necessary for the purchase process, are correct, complete and true at the time of placing the Order.

6.3. By completing the Order, the Buyer agrees that the Seller may contact the Buyer, by any means available/agreed to by the Seller, in any situation where it is necessary to contact the Buyer.

6.4. The Seller may cancel the Order placed by the Buyer, upon prior notice to the Buyer, without any further obligation of either Party to the other or without either Party being able to claim damages from the other in the following cases:

• 6.4.1. non-acceptance by the Buyer’s card-issuing bank of the transaction, in the case of online payment;
• 6.4.2. invalidation of the transaction by the card processor authorised by Dynastique Empire, in the case of online payment;
• 6.4.3. the data provided by the Customer/ Buyer on the Website is incomplete and/or incorrect;

6.5. The Buyer has the right to withdraw from the Contract or return a product purchased from Dynastique Empire. According to Government Ordinance no. 34/2014, art. 16, letter e, regarding the legal regime of distance contracts, products can be returned within 14 calendar days from the receipt of the parcel. The Buyer has the right to return any product during this period and may request a refund of the paid amount, an exchange with another product, or a voucher. In such cases, the refunded cash amount, replaced product, or voucher refers strictly to the cost of the products, excluding transportation fees.

• Unsealed products;
• Products showing signs of wear;
• Products with broken, damaged, or missing seals or labels;
• Products with damaged packaging in any way.

• Ensure the product strictly meets the above conditions and send photos to contact@dynastiquempire.com
• Contact customer service via email at: contact@dynastiquempire.com
• Properly pack the product to protect it from shocks during transportation. Products returned in inadequate condition due to poor packaging by the customer will not qualify for the return policy.
• Send the package to:

• After receiving the package, you will be contacted by a Customer Service representative who will handle your return. If the product(s) do not fully meet the above conditions, our company reserves the right to reject the return. The shipping cost for both directions is borne by the customer.

6.6. In the event that a good and/or service ordered by the Buyer cannot be delivered by the Seller, the Seller will inform the Customer/Purchaser of this fact and will refund the Buyer the value of the good and/or service within a maximum of 7 (seven) days from the date on which the Seller becomes aware of this fact or from the date on which the Buyer expressly expresses his intention to cancel the Contract, under the conditions referred to in Article 6.6.

7. CONFIDENTIALITY

7.1. Dynastique Empire will maintain the confidentiality of any information you provide. Disclosure of information provided may only be made under the conditions set out in this document.

7.2. The Buyer/Customer shall not make any public statement, promotion, press release or any other form of disclosure to third parties in relation to the Order/Contract without the prior written consent of the Seller.

7.3. By submitting any information or materials through this Website, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, display, modify, transmit and distribute such materials or information. You also agree that the Vendor may freely use, for its own benefit, such information, ideas, concepts, know-how or techniques that you submit to us through the Site. Dynastique Empire shall not be subject to any obligations concerning the confidentiality of information submitted, unless otherwise required by applicable law.

8. COMMERCIAL COMMUNICATIONS

8.1. The Buyer/User/Customer may at any time change the consent option given to the Seller for commercial communications containing general and thematic information, including information relating to offers or promotions, as follows:

• 8.1.1. by changing the Account settings in the “Profile” section;
• 8.1.2. by accessing the unsubscribe link displayed in commercial communications received from the Seller; or
• 8.1.3. by contacting the Seller.

8.2. by adding goods or services in the Account section:

“My Basket”, the Seller will send the Buyer/User commercial communications regarding:

• When you change the price of goods or services added in the “My Basket” section,
• on recommendations of goods or services similar to those added in the “My Basket” section,
• the existence of goods or services in the ‘My Basket’ section;
  the availability of goods or services in stock.

“Favourites”, the Seller will send the Buyer/User commercial communications relating to:

• When you change the price of goods or services added in the “Favourite” section,
• on recommendations of goods or services similar to those added in the “Favourites” section and on the availability in stock of the goods or services.

8.3. Following the purchase of a good or service, the Seller will send to the Buyer/User commercial communications concerning:

• Suggestions of recommended goods or services to be used in conjunction with the purchased good or service.

8.4. The Customer/User may unsubscribe, at any time, from the commercial communications referred to in paragraph 8.3 above by accessing the unsubscribe link displayed in the commercial messages received from Dynastique Empire or by contacting Dynastique Empire in this regard.

8.5. In addition, in order to improve the supply of goods and services and the shopping experience, we will use your data to conduct market research and opinion surveys. The information obtained from these market studies and opinion polls will not be used for advertising purposes, but only for the purposes mentioned above. Your responses to market research and opinion polls will not be associated with your identity, will not be passed on to third parties and will not be published. You can object to the use of your data for market research and opinion polls at any time by clicking on the unsubscribe link displayed in the message or by contacting Dynastique Empire.

9. INVOICING – PAYMENT

9.1. The prices of goods and services displayed on the website https://dynastiquempire.com/ include VAT in accordance with the legislation in force.

9.2. The price, method of payment and payment term are specified in each order. The Seller will issue to the Buyer an invoice for the Goods and Services delivered, the Buyer’s obligation being to provide all the information necessary for the invoice to be issued in accordance with the legislation in force.

9.3. The Seller shall send to the Buyer the invoice for the order containing the Goods and/or Services sold by Dynastique Empire, as well as for any other payments related to the order in electronic format, by adding the invoice to the Buyer’s account, by electronic mail, to the e-mail address specified by the Buyer in its account.

9.4. In order to correctly communicate the invoice relating to the Order, the Buyer must update the data in his Account whenever necessary and access the information and documents relating to each Order in his Account.

9.5. Through this method of communication, the Buyer, by accessing his Account, will keep a record of the invoices issued by Dynastique Empire, and will be able to save and archive them at any time and in any way he wishes.

9.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by Dynastique Empire adding them to the Account, by electronic mail, to the e-mail address mentioned in his/her Account(s) or in physical format in the parcel.

9.7. If this information is not available for more than 48 (forty-eight) hours in the Account, please notify us at the e-mail address: contact@dynastique.com.

9.8. The entity authorised to provide card data storage services is Stripe, which ensures compliance with all security standards to protect cardholder data. Stripe securely manages the storage of card data in compliance with PCI DSS requirements.

9.9. In some cases, to ensure transaction security, when placing an order, the Buyer may be required to authenticate payment by entering their account password or by using biometric authentication (such as fingerprint or face recognition) if available on mobile devices.

9.10. For the security of the transaction, it is recommended that users/buyers avoid staying logged in to the site on shared devices and disable auto-login features on mobile devices. It is important not to disclose your account password. We recommend that you use a strong password that includes at least eight characters, a combination of uppercase and lowercase letters, numbers and special characters to enhance account security.

10. DELIVERY OF GOODS

10.1. The terms of delivery of goods and services sold by Dynastique Empire can be found in the section Orders -> https://dynastiquempire.com/ro/faq/

10.2. The Seller will ensure proper packaging of the goods and will ensure the transmission of accompanying documents.

11. TRANSFER OF OWNERSHIP OF THE GOODS

11.1. Ownership of the Goods shall be transferred upon delivery, after payment by the Buyer at the place indicated in the Order (i.e. by delivery – signature of the receipt of the transport document provided by the courier or signature of the receipt of the tax invoice in the case of deliveries made by the Seller’s staff).

12. LIABILITY

12.1. The Seller cannot be held liable for damages of any kind that the Buyer or any third party may suffer as a result of the fulfilment by the Seller of any of its obligations under the order and for damages resulting from the use of the goods and services after delivery and in particular for loss of the goods and services.

12.2. By creating and using the account, the User/Buyer assumes responsibility for maintaining the confidentiality of the account data (user and password) and for managing access to the account and, to the extent permitted by applicable law, is responsible for the activity carried out through his/her account.

12.3. By creating an account and/or using the content and/or placing an order, the customer/user/buyer expressly and unequivocally accepts the Terms and Conditions of the Website in the latest updated version that is communicated on the Website, existing at the date of creating the account and/or using the content and/or placing the order.

12.4. The Seller reserves the right to update and amend the Website Terms and Conditions from time to time to reflect any changes in the manner and conditions of operation of the Website or any changes in legal requirements. The document is enforceable against Customers / Users / Buyers from the time of posting on the Site. In the event of such a change, we will post the amended version of the Document on the Site, for which reason we ask you to periodically check the content of this Document.

13. PROCESSING OF PERSONAL DATA

13.1. The Privacy Policy on the processing of personal data, which forms part of the present document, can be consulted at https://dynastiquempire.com/privacy-policy/.

14. USE OF COOKIES

14.1. The Cookie Policy, which forms part of this document, can be found at https://dynastiquempire.com/cookie-policy/.

15. MAJOR FORCE

15.1. Neither party shall be liable for any failure to perform its contractual obligations, if such failure to perform on time and/or properly, in whole or in part, is due to force majeure. Force majeure is an unforeseeable event beyond the control of the parties which cannot be avoided.

15.2. If such an event does not cease within 15 (fifteen) days of its occurrence, either party shall be entitled to notify the other party of the termination of the contract by operation of law, without either party being entitled to claim damages from the other party.

16. APPLICABLE LAW – JURISDICTION. NOTICES AND CLAIMS. ALTERNATIVE DISPUTE RESOLUTION (ADR/ODR)

16.1. This document is subject to Romanian law. In the event of disputes between the Seller and the Users/Shoppers, they will first endeavour to resolve disputes amicably. This chapter and the procedure hereunder are proof of the Seller’s willingness to settle disputes quickly, efficiently, amicably, alternatively and out of court, using all legal mechanisms and measures applicable in Romania.

16.2. For notifications or complaints related to the Goods and/or the purchased Service, Buyers have the possibility to submit such complaints at any time to the e-mail address: legal@dynastiquempire.com or through the contact form available on the Website: https://dynastiquempire.com/contact-us/ . The maximum deadline for the Seller to resolve complaints or notifications is 30 calendar days from the date of receipt.

If Buyers:

• do not receive a response from the seller within 30 days; or
• receive a response from the seller after this deadline; or
• are dissatisfied with the way the notification/complaint has been handled by the seller, they may have recourse to the alternative dispute resolution (ADR/ODR) procedures set out below and then to the competent courts in accordance with Art. 16.7 of this document.

16.3. ADR is an alternative mechanism to the court system, which offers consumers the possibility to settle possible disputes when they encounter a problem related to the purchase of a good and/or service. Thus, complaints or claims against traders will be submitted voluntarily by consumers in order to be dealt with in an independent, impartial, transparent, fast and fair manner. This alternative dispute resolution can be accessed both online (as per 16.5 below) and by traditional methods, on paper or other durable medium, as per Art. 16.4 below.

16.4. For alternative dispute resolution, the Buyer’s notification or complaint may be submitted in writing directly to the Alternative Dispute Resolution Department of the National Authority for Consumer Protection, at the following contact details: address: Str: Cluj-Napoca, Calea Dorobanților nr. 1, postal code 400117, telephone: 0264.55.22.11; fax: 55.22.12, e-mail: dsal@anpc.ro.

The Alternative Dispute Resolution Department of the National Authority for Consumer Protection is responsible for alternative dispute resolution of national and cross-border disputes arising from sales or service contracts concluded with a trader operating in Romania. A list of alternative dispute resolution entities at European level is available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2. For more details, shoppers can access the link on the website in the ANPC – ADR section.

16.5. In accordance with Regulation (EU) 524/2013 on Online Dispute Resolution for Consumer Disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the User/Bidder has the possibility to settle disputes amicably using the European Online Dispute Resolution platform (ODR platform). This digital tool, set up by the European Commission, facilitates the independent, impartial, transparent, effective, efficient, fast and fair out-of-court settlement of disputes concerning contractual obligations arising from contracts for online sales or services concluded between a consumer residing in the European Union and a trader established in the European Union. The ODR platform can be accessed via the link available in the “Online Dispute Resolution” section of the website.

16.6. ADR and ODR are not different mechanisms for resolving notifications/complaints. The Buyer understands that ADR and ODR are one and the same mechanism, with the same goals, objectives and outcomes. The distinction between ADR and ODR lies in the way the initial notification/complaint is submitted: ADR involves traditional written communication (e-mail, post), whereas ODR involves filling in a form on a digital platform exclusively online.

16.7. In case amicable or alternative settlement of notifications/complaints/disputes is not possible or no mutual consensus is reached, disputes will be settled by the competent Romanian courts in Cluj-Napoca.