TERMS AND CONDITIONS

The site www.ilexgold.com, hereinafter named www.ilexgold.com is property of S.C. ILEX TRADING S.R.L. TIN RO 6367473, with headquarters in Oradea, Rozmarinului str. no. 26. Using this site implies agreeing with the terms and conditions below. We recommend carefully reading the terms and conditions.

S.C. ILEX TRADING S.R.L. has the right to alter these provisions without another notification. The most recent version may be found by accessing the page named “Terms and Conditions”.

Navigation on this Site, collecting information and performing Orders represents the approval of the Buyer/User with the Terms and Conditions (this document) displayed on this Site. If any of the clauses below is found null or invalid, regardless of the reason, this clause will not affect the validity of the other clauses.

ILEX GOLD – is the trade name and trademark of S.C. ILEX TRADING S.R.L., Romanian legal entity, with headquarters in Oradea, Rozmarinului str. no. 26, Bihor county, Romania, with registration number at the Trade Register J05/3927/1994, tax identification number RO 6367473.

ILEX GOLD/ ATHENA JEWELRY – are trademarks of OSIM, property of S.C. ILEX TRADING S.R.L.

Site – the domain www.ilexgold.com and its sub-domains.

Seller - S.C. ILEX TRADING S.R.L.

Buyer – natural or legal person who makes an account on the site and performs an order.

Order – The buyer transfers to the Seller through the site or by telephone or fax his/her intention of buying goods and services from the site.

Account – the section from the site (formed of an e-mail address, a password, name, delivery and invoicing data and addresses, performed orders) which enables the Buyer to deliver the orders.

User – any natural or legal person who navigates and collects information from this site or registers on the site by finishing the account creation process, therefore giving his consent with regard to the specific clauses of the site from section Terms and Conditions.

1. COPYRIGHT OF S.C. ILEX TRADING S.R.L. OVER THE INFORMATION PUBLISHED ON THE SITE

The entire content of the site www.ilexgold.com – images, texts, graphics, symbols, web graphic elements, e-mails, scripts, programs and other data – is the property of S.C. ILEX TRADING S.R.L. and of its suppliers and is defended by the Law regarding the protection of copyrights (law no. 8/1996) and by the laws regarding intellectual and industrial property. Using any of the elements listed below without the approval of S.C. ILEX TRADING S.R.L. is punished according to the law in effect. www.ilexgold.com may be used only in the limits mentioned in the present document.

2. PRODUCTS AND SERVICES OFFERED BY S.C. ILEX TRADING S.R.L. ON THE SITE WWW.ILEXGOLD.COM, PRICE POLICY

S.C. ILEX TRADING S.R.L. has the right to select its clients. The products traded by www.ilexgold.com are new, in the original package of the manufacturer and they are accompanied by invoice at delivery according to the law in effect. The products and services are offered provided the provisions of the present document are met and in the limit of the available stock. Due to this fact S.C. ILEX TRADING S.R.L. has the right to not honor an order if the respective product is no longer on stock or in the current offer of the importer. The presented 

prices are periodically updated and include VAT (19%), however they do not include delivery expenses, except the case in which it is expressly specified on the site. The purchase price printed on the invoice will be the same as the one agreed with the sales consultant of S.C. ILEX TRADING S.R.L. when confirming the order as purchase order.

Despite our efforts, a small number of products may have incorrect prices on the site, wrongly set by our computer application. On these circumstances, the final price is always considered the price accepted by the client in the discussions with the sales consultants of S.C. ILEX TRADING S.R.L. If the real price of the product is higher than the price displayed on the site, our sales consultants have the right to meet your demand and deliver the product at the price published on the site, if possible, as you have the right to refuse the respective order. If the real price is smaller than the price displayed on the site, and you have paid the price in advance, the difference will be returned after mutual agreement, but no later than 30 days following the receipt of the product.

S.C. ILEX TRADING S.R.L. does not offer any guarantee regarding, but not limited to the operation of this site, the information, description accuracy, content updating. The users expressly agree to use this site and buy the related products or services on their own risk; the only waiver is the obligation of S.C. ILEX TRADING S.R.L. to grant users the right to unilaterally terminate the contract according to the law in effect (Art. 1276 acc. to the Civil Code), detailed by right below in this document. The images published on the site are photographed in the studio and are according to the products which are to be delivered. Due to the large number of products, in certain cases the presented products and the delivered products may be different from the images presented in any aspect (color, accessories, image, etc.). The content of www.ilexgold.com (texts, product descriptions, technical features, images, symbols) is made also by collaborating with the representatives of the respective manufacturers from Romania. Therefore, S.C. ILEX TRADING S.R.L. is not responsible for the product description and specifications of the products displayed on www.ilexgold.com; they are made available by the representatives of each brand or by the importers agreed with them. S.C. ILEX TRADING S.R.L. and its partners reserve the right to alter the technical specifications of the products without previous notification. 

3. ORDERING PRODUCTS

THE CLIENT/USER may perform ORDERS on the SITE by adding the desired PRODUCTS and/or SERVICES in the shopping cart, finalizing the ORDER by making the payment through one of the methods expressly indicated. Once in the shopping cart, a PRODUCT and/or SERVICE is available for purchase if it is available on the stock. Adding a PRODUCT/SERVICE in the shopping cart without finalizing the ORDER does not imply registering the ORDER or the automatic reservation of the PRODUCT/SERVICE. By finalizing the ORDER, the CLIENT consents that all the data provided by him/her, necessary for the online purchase process, is accurate, complete and authentic when placing the ORDER. By finalizing the ORDER, the CLIENT consents that S.C. ILEX TRADING S.R.L. may contact him/her by any means available/agreed with S.C. ILEX TRADING S.R.L.

The notification received from the Buyer after performing the Order is for information purposes and does not represent the approval of the order. This notification is made by computer by an email automatically sent by the site or by telephone.

If the CLIENT must be contacted, S.C. ILEX TRADING S.R.L. may cancel the ORDER performed by the CLIENT, following a previous notification addressed to the CLIENT, without any subsequent obligation of any party towards the other or without any party claiming damages in the following cases:

1. The disapproval by the CLIENT’S bank of the Transaction in case of online payment;

2. Invalidation of the Transaction by the card processor agreed with S.C. ILEX TRADING S.R.L. in case of online payment;

3. The data provided by the CLIENT on the SITE is incomplete and/or incorrect.

The products offered for sale on the site are new and are accompanied by documents according to the law in effect.

Orders may be performed by telephone, fax or email; however we recommend performing the orders online on the site. The buyer must make sure that he/she correctly performed the order and provided complete data, because subsequent modification may be performed only in certain circumstances. The buyer cannot perform orders for products that are not available on stock and the Seller cannot guarantee the sale price displayed on the site. The stock availability is displayed in real time on the site and may be altered anytime during the performance of an order. 

The buyer is notified if a product from the order is missing. If within 2 working days, the buyer does not answer or cannot be contacted by telephone, the order cannot be delivered as such. The missing product must be ordered again, the Seller will not automatically deliver it afterwards.

The buyer must inspect the received Order and inform the Seller in maximum 3 days if he/she discovered differences or errors. Notifications sent after this term will not be considered.

ALTERING AN ORDER

Due to the automatic collection system and quick order processing, altering the orders is possible at request in maximum 1 hour from performing the order in the working hours or anytime outside the working hours until 8:00 the next working day. The buyer may deliver the application of altering of an Order by telephone or email.

If an order is being delivered and is located with the courier company, altering the order is not possible.

Any addition of products to an order already packed or delivered order will be exclusively considered new order, with all applicable directing lines, without any connection to the previous order;

If the Buyer performs more orders which are to be processed in the same day: the Buyer must expressly require the addition of these orders, if not, the Seller will individually process and deliver the orders.

4. PRODUCT PAYMENT

The payment of the products ordered on the S.C. ILEX TRADING S.R.L. site may be performed:

1. When delivering the products by Fan Courier quick courier company (cash on delivery), only in case of deliveries performed in Romania

2. With card

3.With payment order in the account of S.C. ILEX TRADING S.R.L.: RO28BTRL00501202M33515XX open at Transilvania Bank.

4. By PayPal

The products ordered must be paid in-full, if not the delivery will not be performed.

5. PRODUCT DELIVERY

The product delivery is made anywhere in Romania by Fan Courier quick courier company in maximum 48 hours from the validation date of the order, except Saturdays and Sundays. S.C. ILEX TRADING S.R.L. reserves the right to perform the confirmation of the orders before honoring them by contacting the clients. Product delivery is made in maximum 48 hours. The orders placed on the online store platform are registered non-stop, confirmation and delivery may be performed in the following 48 hours, except Saturdays and Sundays. Orders are processed daily, from Monday to Friday, between 10 and 17. Deliveries are not performed on Saturday and Sunday.

The delivery costs are the following:

FREE for orders whose value exceeds 500 RON

25 RON for orders under 500 RON (price valid with delivery by Fan Courier)

If the delivery is not performed due to the refusal for any reason by the client, after the previous information of the client by telephone, the client will be introduced in the data base of S.C. ILEX TRADING S.R.L. www.ilexgold.com.

For orders outside the country, products will be placed by DHL, in the following countries.

For DHL Express ESS Worldwide – the delivery cost is 27 euro. The transit time 1-2 days. (Time calculated at the delivery of the package).

The product receipt represents the confirmation of the client whereby the products arrived in condition. The invoice represents the sale/purchase contract according to the Romanian law in effect. The sale/purchase contract is considered concluded between the Seller and the Buyer when the order is fully paid and received by the Buyer. The client will express his/her explicit approval when signing the Dispatch Note or the AWB regarding the fact that he/she has received the product (products) which is (are) according to the order and his/her requirements. S.C. ILEX TRADING S.R.L. reserves the right to delay or cancel deliveries for products ordered if they cannot be honored due to reasons not caused by S.C. ILEX TRADING S.R.L. which include: fires, explosions, floods, diseases, earthquakes, strikes, government actions, wars, acts of terrorism, protests, riots, civil agitations or other force majeure events according to the Romanian law in effect. The maximum value of the damage paid by S.C. ILEX TRADING S.R.L. with regard to any client in case of lack or delivery or inappropriate delivery is the value of the sum collected by S.C. ILEX TRADING S.R.L. from the client.

6. TRANSFER OF PRODUCT PROPERTY

Except the case in which S.C. ILEX TRADING S.R.L. and the CLIENT agree otherwise, the property of the PRODUCTS will be transferred at delivery, after the CLIENT makes the payment in the location indicated in the ORDER (the delivery meaning the receipt signature of the transport document provided by the Courier or the receipt signature on the financial invoice in case of deliveries performed in stores.)

7. PRODUCT GUARANTEE

The commercial guarantee is 30 days following the date of product purchase with the requirement of keeping the purchase invoice, the payment proof, the intact package and the instructions of use received during the purchase. The rights of the consumer are met according to Law no. 449/2003, GO 21/1992 and Law no. 296/2004. The granted guarantee does not affect the rights of the consumer provided by the law in effect. The delivery of the products to the supplier will be made on the buyer’s expense. If S.C. ILEX TRADING S.R.L. cannot replace the product with a more appropriate one, it will return the counter-value of the product in maximum 30 days from the date of return. The after-sale service and the product guarantees are offered by the importing companies. When purchasing products which require guarantee and service after sale, you receive guarantee certificates offered by the importers of the brand in Romania along with details for their subsequent contact.

Do not hesitate to contact us for any additional information: Tel: 0040-724.380.380; 0040-736.646.400 Email: office@ilexgold.com.

S.C. ILEX TRADING S.R.L. guarantees the quality and compliance of the services offered by www.ilexgold.com, grants guarantees and returns the products according to the specific law from the field, respectively: GO 130/2000 regarding the legal regime of remote contracts, republished with previous alterations, GO 21/1992 regarding consumer protection, republished (2), with further alterations and additions, Law 148/2000 regarding advertisements, with  further alterations and additions, Law 365/2002 regarding electronic trading, republished, GO 1308/2002 regarding the approval of Methodological Norms for the application of Law 365/2002 regarding electronic trading, Law no. 363/2007 from 21/12/2007 regarding the prevention of incorrect practices of dealers in terms of consumers and the harmonization of regulations with the European law regarding consumer protection, with further alterations, Law no. 193 from 06/11/2000 regarding the abusive clauses from the contracts concluded between dealers and consumers, republished (r2), with further alterations, Order no. 72 from 11/03/2010 regarding certain measures of consumer information, Law no. 455/2001 regarding electronic signature, Law no. 506/2004 regarding the processing of personal data and the protection of the private life in the field of electronic communications, with further alterations and additions, Law 677/2001 regarding the protection of people in terms of processing of personal data and the free circulation of this data, further alterations and additions, Rule 6/2006 issued by BNR regarding the issuance and use of electronic payment means and the relations between participants to transactions with these means, as stated on the official site of the National Authority for Consumer Protection of Romania www.anpcnet.ro. We are available for additional information at Tel: 0040-724.380.380; 0040-736.646.400, M-F: 09.00 – 18.00.

8. THE RIGHT TO RETURN THE PURCHASED PRODUCTS

The consumer has the right to NOTIFY in WRITING the dealer that he/she renounces the purchase, without penalties and without invoking a reason, in 10 days after receiving the product, according to GEO 34/2014 regarding the legal regime of remote contracts. The only costs which are borne by the consumer are the direct expenses of product return. The 10 day delivery term provided for exercising this right begins with regard to the products following the date of their receipt by the consumer. In case the consumer exercises the unilateral termination of the contract, the dealer is required to reimburse the sums paid by the consumer without requiring the expenses related to the reimbursement. The reimbursement is made in maximum 30 days following the date on which the consumer terminates the contract. The consumer may deliver his/her complaints in writing at the e-mail address: office@ilexgold.com, respectively shop@ilegold.com of dealer S.C. ILEX TRADING S.R.L.

According to the law in effect, the contract receding is valid if made in person by the consumer.

The RETURN of a product may be made only after the NOTIFICATION in WRITING of the dealer, in the ORIGINAL PACKAGE, and without being previously USED, accompanied by all the related labels and documents received during the delivery of the order. If the PRODUCT LABEL was removed the product is considered used and cannot be returned. The payment of the return transport is exclusively borne by the client. Products which present physical alterations, hits, occlusions, bruises, shocks etc. or products without the original package and delivery label are not accepted for return. The destination address for return packages is: S.C. ILEX TRADING S.R.L. Oradea, Rozmarinului str. no. 26.

The sum will be returned as follows:

- for Orders paid with online card – by returning the sum in the account from which the payment was made;

- for Orders paid with PO or Cash on Delivery – by bank transfer in the account of the Buyer.

9. USERS’ COMMENTS ON THE SITE WWW.ILEXGOLD.COM

Users who access the site www.ilexgold.com can comment with regard to the offered products, comments which are published on the site after previous approval. S.C. ILEX TRADING S.R.L. reserves the right, but is not required; to not publish on the site comments with illegal, vulgar, threatening, denigrating content which disturbs in any way the private life of other people, breaches the intellectual property rights, contain viruses, texts representing bulk mails or any other form of spam. S.C. ILEX TRADING S.R.L. cannot be held responsible and cannot be required to any kind of compensation for any type of damages produced by such comments or electronic communications; they are offered under the same limitation of responsibility as the rest of the site content according to the articles from this document. In case of sending other information than the ones regarding the purchase/sale process of products, the user is deemed to confer company S.C. ILEX TRADING S.R.L. and its partners the non-exclusive, unlimited, free, irrevocable and re-transferable right to use, reproduce, alter, adapt, publish, translate, as well as the right to distribute by any means anywhere.

The user guarantees that all the rights over the content it delivers by any means to be published on the site or not, so as, by using this content, does not prejudice any other people.

 10. SERVICE QUALITY BY HOSTING, LINKS TO OTHER SITES, OPERATION ERRORS

The site www.ilexgold.com is hosted by the servers of a third company. S.C. ILEX TRADING S.R.L. cannot be held responsible for the potential errors occurred on the site regardless of the reasons of their occurrence; including site alterations, settings or updates of programmed scripts. S.C. ILEX TRADING S.R.L. cannot be held responsible for the potential errors occurred due to the use of certain browsers for visiting the site www.ilexgold.com. S.C. ILEX TRADING S.R.L.  is not responsible for the content, quality or nature of the sites reached through links from www.ilexgold.com. The site owners are completely responsible for the respective sites.

11. SUBSCRIBING AND UNSUBSCRIBING FROM THE NEWSLETTER

Subscribing and unsubscribing from the newsletter of www.ilexgold.com is free and voluntary and it implies accepting the following terms of use. The delivered messages are not required and you may unsubscribe anytime following the guidelines at the bottom of each email. Unsubscribing from the newsletter of www.ilexgold.com is performed in maximum 48 hours according to the law in effect. The delivered messages meet the law of Electronic Trading (Law no. 365/2002) with regard to trade communication as it is named in the Romanian and International law. Using the newsletter is made on the same terms of liability limitation in terms of content as using the site on the terms provided by the present document and the confidentially policy is described in detail in the following section. S.C. ILEX TRADING S.R.L. owns all rights over the content of the newsletter sent to subscribers on the same terms as the information published on the site according to the provisions of this document.

The subscribers of the www.ilexgold.com newsletter may resend these trading communications to other people, at their expense, and provided they have not altered the structure or content of the respective messages. The people who received from the subscribers of the www.ilexgold.com newsletter trading messages are deemed to have been previously informed by the subscribers regarding the provisions of the present article. In this context, S.C. ILEX TRADING S.R.L. cannot be held responsible in any way for the actions of its subscribers.  S.C. ILEX TRADING S.R.L. reserves the right to restrict the access of any subscriber to the newsletter if it has any reasons to believe that the respective subscriber does not meet the provisions of the present document.

12. CONFIDENTIALITY POLICY

S.C. ILEX TRADING S.R.L. is a personal data operator registered at the National Supervisory Authority for Personal Data Processing. S.C. ILEX TRADING S.R.L. guarantees the security and confidentiality of the data recorded and delivered by its computer system. This information may be used by S.C. ILEX TRADING S.R.L. to send the user order confirmations, different special offers, promotions etc. only with the previous consent of the client. Providing personal data to S.C. ILEX TRADING S.R.L. does not require the users to anything and they can refuse the provision of any data in any circumstance and may require on a free basis their deletion from the data base. Any type of request/notification regarding their deletion from the data base will be dated, signed and sent by the person recorded in the data base by e-mail to office@ilexgold.com or by postal service to: S.C. ILEX TRADING S.R.L., Oradea, Rozmarinului str. no. 26. S.C. ILEX TRADING S.R.L. commits not to deliver personal data to third parties except the direct marketing operator. However, personal data may be delivered to lawful authorities to inspect the trading transactions or to other lawful authorities to perform any inspections pursuant to the law, if this is required according to the laws in effect. Due to the way in which the personal data recorded by the www.ilexgold.com system is delivered by electronic means, S.C. ILEX TRADING S.R.L. cannot be held responsible for losing the information or other unauthorized people copying the information, using tracking equipment or software. When informing the users, S.C. ILEX TRADING S.R.L. will take all the measures and will make available all the files necessary to the competent bodies to solve this type of crime. The information provided by S.C. ILEX TRADING S.R.L. is used only for the purpose they were introduced (performing orders, sending messages to the staff, subscription to the newsletter, etc.) according to the laws in effect. S.C. ILEX TRADING S.R.L. does not deliver your e-mail address to third parties; it does not encourage spam and does not publish the data provided by its clients without their express consent. S.C. ILEX TRADING S.R.L. certifies the fact that it will meet the rights conferred by Law no. 677/2001 regarding the protection of people in terms of personal data processing and free circulation of the data, of Law no. 365/2002 regarding electronic trading, as well as Order no. 130/2000 regarding the protection of consumers when concluding and executing remote contracts with further modifications. These rights include among the following (the list is not limited):

- the right to require S.C. ILEX TRADING S.R.L. to confirm the processing of your personal data or not, on a free basis;

- the right to require S.C. ILEX TRADING S.R.L. to alter, update, block or delete, free of charge, the delivered data whose processing is not according to the provisions of Law no. 677/2001;

- the right to require S.C. ILEX TRADING S.R.L. to stop processing you personal data, free of charge;

- the right to require S.C. ILEX TRADING S.R.L. to stop sending promotional messages.

Such request/notification will dated, signed and sent by the person recorded in the data base by email to office@ilexgold.com or by postal service to: S.C. ILEX TRADING S.R.L., Oradea, Rozmarinului str. no. 26. www.ilexgold.com does not use measures of protection against the loss, alteration or wrongful use of information which are in our command.

S.C. ILEX TRADING S.R.L. cannot be held responsible for the errors occurred due to the user’s negligence regarding the security and confidentiality of his/her account and password. S.C. ILEX TRADING S.R.L. cannot be held responsible in any way for the loss or alteration of personal data recorded by www.ilexgold.com in the purpose stated in the present document. Any access to the data base containing personal information of the users of www.ilexgold.com, including any attempt of unauthorized access will be recorded in an access file. The access files will enable the identification by S.C. ILEX TRADING S.R.L. of the people who accessed personal data without good reason in order to inform the competent bodies. Any attempt to access the personal data of another user to alter the site content or to affect the performance of the server which operates on www.ilexgold.com will be considered attempt to defrauding the www.ilexgold.com site and will trigger the penal investigation against the person or people who initiated this action.

13. FINAL PROVISIONS

Any other issue caused by the products and services presented on www.ilexgold.com and which has not been tackled yet by an article from the present document will be solved amicably within 30 working days following the date of the notification in writing of the issues by the user.

If the conflict was not solved amicably, the responsibility is passed to the Romanian courts or to an alternative dispute resolution body, agreed by both parties. By agreeing with the Terms and Conditions of Use of the site www.ilexgold.com, the client is completely responsible for the consequences which result from using the site in these conditions.

14. DECLARATION OF CONFORMITY

According to art. 5 from G.O. no. 1022/2002 regarding the regime of products and services which may endanger the life, health, occupational security and environment protection, 

S.C. ILEX TRADING S.R.L. declares on its own risk and guarantees the fact that the products and/or services presented on this site for purchase do not endanger life, occupational security, do not have a negative impact on the environment and are according to the national and international standards in the field.