Terms & Conditions

1. DEFINITIONS AND TERMS. ACCEPTANCE OF CONDITIONS

The use of the website www.ayahealthbeauty.com, registration as well as access to the services offered represents an acceptance by the Buyer of the terms and conditions of confidentiality, detailed below, with all the consequences arising from their acceptance.

The Buyer will have permanent access to the Terms and Conditions for using the website in order to consult them at any time.
ayahealthbeauty.com reserves the right to update and/or revise the Terms and Conditions at any time without prior notice, which is why we ask the Buyer to periodically follow any changes.

AyaHealthBeauty – is the commercial name of MOODY & MOONY S.R.L., a legal entity, with its registered office in Voluntari City, Str. Drumul Negru, no. 13E, Ilfov, registered with the Trade Register under no. J23/5861/23.09.2021, CUI 44958146.

Seller – AyaHealthBeauty.

Buyer – a natural person or legal entity or any legal entity who creates an account on the website and places an order.

Client – a natural/legal person who has or gains access to the CONTENT, through any communication means made available by AyaHealthBeauty (electronic, telephone, etc.) or based on a usage agreement between AyaHealthBeauty and the Client and which requires the creation and use of an ACCOUNT.

User – any natural/legal person registered on the website who, by completing the account creation process, has agreed to the specific clauses of the website in the Terms and General Conditions section.

Account – the section of the website consisting of an email address and a password that allows the buyer to place an order and which contains information about the client/buyer and the buyer’s history on the site (orders, invoices, product warranties, etc.).

Favorites – section of the account that allows the buyer/user to create Lists.

Site – the domain www.AyaHealthBeauty.com and its subdomains.

Order – an electronic document that intervenes as a communication form between the Seller and the Buyer by which the Buyer sends the Seller, through the Website, the intention to purchase Goods and Services from the Website.

Goods and Services – any product or service, including the documents and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the concluded Contract.

Campaign – the action of commercially displaying a limited number of Goods and/or Services with a limited and predefined stock, for a limited period of time established by the Seller.

Contract – the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

Content – All information on the Website that can be visited, viewed or otherwise accessed using electronic equipment;

the content of any email sent to Buyers by the Seller through electronic means and/or any other available means of communication;
any information communicated by any means by an employee/collaborator of the Seller to the Buyer, according to the contact information specified or not by the Buyer; information related to the Goods and/or Services and/or prices practiced by the Seller in a certain period;
information related to the Goods and/or Services and/or prices practiced by a third party with whom the Seller has partnership agreements, in a certain period;
data regarding the Seller, or other privileged data about the Seller.

Review – a written evaluation by the holder or beneficiary of a product or service, written based on personal experience and the ability to make qualitative comments and say whether the product or service meets the specifications mentioned by the manufacturer.

Rating – a way of expressing the degree of satisfaction of a User/Client/Buyer with a product. The rating is expressed as stars, each product being able to receive a score from one star to five stars. This satisfaction level will always be associated with the written review of the User/Client/Buyer about a product or service.

Comment – appreciation or observation with a critical purpose, regarding a Review or another comment.

Question – a way of addressing other Users/Clients/Buyers in order to obtain information about the products or services on the respective page.

Answer – written information sent to the User/Client/Buyer who asked a question on the site, on the page of a certain product. The answer represents an explanation offered by a User/Client/Buyer to another User/Client/Buyer in a discussion.

Document – these Terms and Conditions.

Newsletter – periodic information medium, exclusively electronic, namely electronic mail (email, SMS) about the Goods and Services and/or promotions carried out by the Seller during a certain period, without any commitment from the Seller regarding the information contained therein.

Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by AyaHealthBeauty to the Buyer, using the services of the card processor agreed by the Seller, regardless of the delivery method.

Specifications – all the specifications and/or descriptions of the Goods and Services as stated in their description.

1-click payment – the payment service provided by the integrated payment processor on the Site, made available to Clients, Users, and/or Buyers through the Site to make an online card payment.

2. CONTRACTUAL DOCUMENTS

2.1. By registering an Order on the Site, the Buyer agrees with the form of communication (phone or email, social media) through which the Seller conducts its commercial operations.

2.2. The notification received by the Buyer after placing the Order is for informational purposes and does not represent the acceptance of the Order. The notification is a confirmation of order registration and does not oblige the Seller to fulfill it until the availability of stock and the delivery time of the order is confirmed. This notification is made electronically (email) or by phone.

2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If the quantity of Goods and/or Services in the Order is changed, the Seller will notify the Buyer at the email address or phone number provided to the Seller when placing the Order and will return the paid amount.

3. ONLINE SALES POLICY

3.1. Access to place an Order is allowed to any Client/Buyer. For justified reasons, AyaHealthBeauty reserves the right to restrict the Client’s/Buyer’s access to placing an Order and/or to some of the accepted payment methods, if it considers that, based on the Client’s/Buyer’s conduct or activity on the Site, their actions could in any way harm AyaHealthBeauty. In any of these cases, the Client/Buyer can contact AyaHealthBeauty’s Customer Relations Department to be informed about the reasons that led to the above-mentioned measures.

3.2. Communication with the Seller can be done through direct interaction or through the addresses mentioned in the “Contact” section on the Site. The Seller has the freedom to manage the received information without being required to justify it.

3.3. In the case of unusually high internet traffic from a network, AyaHealthBeauty reserves the right to request Clients/Buyers to manually enter captcha validation codes to protect the information on the Site.

3.4. AyaHealthBeauty may publish on the Site information about Goods and/or Services and/or promotions offered by it or by any third party with which AyaHealthBeauty has partnership agreements, for a certain period and within the available stock.

3.5. All prices related to the Goods presented on the Site are expressed in RON and include VAT.

3.6. Under the conditions provided by law, the price of electronic Goods displayed on the Site includes the green stamp tax. If the Client/Buyer requests details about the exact amount added to the price of the Goods, they will contact the AyaHealthBeauty Customer Relations Department.

3.7. In the case of online payments, the Seller is not and cannot be held responsible for any additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of their card, if the currency of issuance is different from RON. Responsibility for this action lies solely with the Buyer.

3.8. All information used to describe the Goods and/or Services available on the Site (static/dynamic images/multimedia presentations, etc.) does not represent a contractual obligation from the Seller, these being used exclusively for presentation purposes.

4. ASSIGNMENT AND SUBCONTRACTING

The Seller may assign and/or subcontract a third party for Services related to fulfilling the Order, while informing the Buyer, without requiring their consent. The Seller shall always remain responsible 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, stylized representations, trade symbols, static images, dynamic images, text, and/or multimedia content displayed on the Site, is the exclusive property of AyaHealthBeauty, with all rights obtained directly or indirectly (through usage and/or publishing licenses) being reserved.

5.2. The Client/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, or include any Content in any context other than the one originally intended by AyaHealthBeauty; to include any Content outside the Site; to remove any copyright markings indicating AyaHealthBeauty’s rights over the Content; or to participate in the transfer, sale, or distribution of materials made by reproducing, modifying, or displaying the Content, except with the express written consent of AyaHealthBeauty.

5.3. Any Content that the Client/Buyer accesses and/or obtains by any means is subject to this Document, unless the Content is accompanied by a specific and valid usage agreement concluded between AyaHealthBeauty and the Client/Buyer, and is provided without any implicit or explicit warranty from AyaHealthBeauty regarding that Content.

5.4. The Client/Buyer may copy, transfer, and/or use the Content only for personal or non-commercial purposes, provided these do not conflict with the provisions of this Document.

5.5. If AyaHealthBeauty grants the Client/Buyer the right to use certain Content under a distinct usage agreement, such right applies only to the specific Content defined in the agreement and only for the period that the Content is available on the site or as specified in the agreement, under the defined conditions (if such exist). This does not constitute a contractual obligation from AyaHealthBeauty to the Client/Buyer or any third party who may access this transferred content and may suffer harm in any way due to it, during or after the expiration of the agreement.

5.6. No Content transmitted to the Client or Buyer by any communication method (electronic, telephone, etc.) or obtained through access, visitation, and/or viewing constitutes a contractual obligation from AyaHealthBeauty and/or its employee/agent who facilitated the transfer of the Content, regarding the respective Content.

5.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the accompanying usage agreement (if one exists) is prohibited.

6. ORDER

6.1. The Client/Buyer may place Orders on the Site by adding the desired Goods and/or Services to the shopping cart and finalizing the Order by making payment through one of the expressly indicated methods. Once added to the shopping cart, a Good and/or Service is available for purchase as long as it is in stock. Adding a Good/Service to the cart without completing the Order does not constitute order registration, nor does it reserve the item automatically.

6.2. By finalizing the Order, the Buyer confirms that all the information provided is accurate, complete, and true at the time of placing the Order.

6.3. By completing the Order, the Buyer agrees that the Seller may contact them by any available or agreed means whenever necessary.

6.4. The Seller may cancel an Order placed by the Buyer, after notifying the Buyer, without any further obligation or the right for either party to claim damages in the following cases:

• 6.4.1. The Buyer’s card issuer does not approve the transaction for online payment;

• 6.4.2. The transaction is invalidated by the payment processor approved by AyaHealthBeauty for online payments;

• 6.4.3. The information provided by the Client/Buyer on the Site is incomplete and/or incorrect;

• 6.4.4. Prices displayed on the site are the result of a material error;

• 6.4.5. The ordered product(s) are no longer in stock.

If the prices or other product details have been incorrectly displayed, including due to a database error, we reserve the right to cancel delivery and inform the client as soon as possible if the order hasn’t been shipped yet.

6.6. If the Client/Buyer requests to withdraw from the Contract within the legal withdrawal period, they must also return any gifts received with the product. If the Order has been paid, the Seller will refund the amount within a maximum of 14 (fourteen) working days from the date the returned products are received and validated by the Seller. The refund will be issued as follows:

• 6.6.1. For orders paid by card – online via refund to the account used for payment;

• 6.6.2. For orders paid cash on delivery/bank card – via bank transfer.

6.7. In case of damage or deterioration of the product packaging, the Seller may delay the refund until the depreciation of the product is assessed by the supplier.

6.8. Product availability will be displayed on the Site as follows:

• 6.8.1. “In stock” – more than 3 units are available in AyaHealthBeauty’s inventory*;

• 6.8.2. “Unavailable” – the product cannot currently be procured due to supplier stock shortage.

• The displayed availability is approximate and based on the previous day’s inventory records.

7. GOODS/SERVICES NOT ELIGIBLE FOR WITHDRAWAL

7.1. The following are excluded from the right of withdrawal:

• 7.1.1. The supply of Goods that are likely to deteriorate or expire rapidly;

• 7.1.2. The supply of sealed Goods that are not suitable for return due to health protection or hygiene reasons and that have been unsealed, damaged, or altered by the Buyer.

8. CONFIDENTIALITY

8.1. AyaHealthBeauty will maintain the confidentiality of any information you provide. Disclosure of the information provided will only be made under the conditions mentioned in this Document.

8.2. No public statement, promotion, press release, or any other form of disclosure to third parties regarding the Order/Contract shall be made by the Buyer/Client without the prior written consent of the Seller.

9. ADVERTISING

9.1. Newsletters are sent by AyaHealthBeauty or through specialized and approved partners. Thus, confidentiality and information security are ensured.

When creating an Account on the Website, the Client has the option to express their consent to receiving Newsletters. The Client can change their option at any time by:

9.2.1. Contacting AyaHealthBeauty in this regard;
9.2.2. Clicking the unsubscribe link included in commercial messages sent by the Seller.

9.3. Unsubscribing from the Newsletter does not imply withdrawal of the acceptance given for this Document.

10. INVOICING – PAYMENT

10.1. The prices of Goods displayed on the website www.AyaHealthBeauty.com include VAT according to current legislation.

10.2. The price, payment method, and payment term are specified in each Order. The Seller will issue an invoice for the delivered Goods, and the Buyer is obligated to provide all necessary information for the invoice issuance in accordance with the applicable law.

10.3. The Seller will send the Buyer the invoice related to the Order containing Goods sold by AyaHealthBeauty.

10.4. To ensure accurate communication of the invoice related to the Order, the Buyer is responsible for updating their Account information as necessary and for accessing the information and documents related to each Order, available in their Account.

10.5. By accessing their Account, the Buyer will have a record of the invoices issued by AyaHealthBeauty, which they can save and archive at any time and in any preferred format.

10.6. The payment card details of the Client/User/Buyer will not be accessible to or stored by AyaHealthBeauty or the payment processor integrated into the Website. They will only be stored by Viva Wallet or another entity authorized to provide card data storage services, whose identity will be disclosed to the Client/User/Buyer before entering any data.

10.7. In some cases, to maintain transaction security, the Buyer may be required to authorize the payment by re-entering the password associated with their Account when placing the Order.

10.8. For transaction security reasons, the Client/User/Buyer is advised not to remain logged in on the Website and not to enable auto-login on mobile devices. Disclosing the account password is not allowed, and it is recommended to use a strong password (e.g., at least eight characters, including uppercase and lowercase letters, numbers, and special characters).

10.9. Attention! For security reasons and to fulfill orders, payment upon delivery is only available if you register on the website.

11. DELIVERY OF GOODS

11.1. The Seller undertakes to deliver the Goods via door-to-door courier service to the Buyer or to AyaHealthBeauty stores, according to the Client’s choice.

11.2. The Seller will ensure the proper packaging of the Goods and provide the accompanying documentation.

11.3. The Seller will deliver the Goods all over the World.

11.4. All product images presented are for informational purposes and may differ from the actual product.

12. TRANSFER OF OWNERSHIP

12.1. Ownership of the Goods will be transferred upon delivery, after the Buyer has made the payment, to the location specified in the Order (delivery meaning the signing of the transport document provided by the courier or signing the invoice in case of delivery by the Seller’s personnel).

13. LIABILITY

13.1. The Seller cannot be held responsible for any type of damage that the Buyer or any third party may suffer as a result of the Seller fulfilling any of their obligations under the Order, or for damages resulting from the use of the Goods after delivery, particularly for their loss.

13.2. By creating and using an Account, the Client/User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the Account. To the extent permitted by law, they are responsible for the activity carried out through their Account.

13.3. By creating an Account and/or using the Content and/or placing Orders, the Client/User/Buyer explicitly and unequivocally accepts the Terms and Conditions of the Website, in the latest updated version available at the time of Account creation and/or use of the content and/or placing the Order.

13.4. After the Account is created, use of the Content constitutes acceptance of any changes to the Website’s Terms and Conditions and/or their updated versions.

13.5. The Website’s Terms and Conditions may be modified at any time by AyaHealthBeauty and shall be binding upon Clients/Users/Buyers from the moment they are posted on the Website. Acceptance of the Terms and Conditions is confirmed by checking the corresponding checkbox on the Website and/or by placing an Order and/or by making an online payment.

14. PERSONAL DATA PROCESSING

14.1. AyaHealthBeauty is a Personal Data Processor.

14.2. According to current legislation regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, AyaHealthBeauty is obligated to manage the personal data you provide safely and only for the specified purposes.

14.3. The processing of personal data is carried out according to the provisions of the GDPR Policy.

14.4. By completing the Account and/or Order form, the Buyer declares and unconditionally accepts that their personal data will be included in the AyaHealthBeauty database and gives their express and unequivocal consent for all such data to be stored, used, and processed in accordance with GDPR.

14.5. By reading this Document, you acknowledge that your legal rights are guaranteed, including the right to information, right of access, right to rectification, right to objection, right not to be subject to an individual decision, and the right to appeal to the courts in case of violation of the rights guaranteed by Law 677/2001 regarding the protection of individuals concerning the processing of personal data and the free movement of such data.

14.7.1. Rectification, updating, blocking, or deletion of data whose processing is not compliant with Law 677/2001, particularly of incomplete or inaccurate data;
14.7.2. Conversion of data into anonymous form, where the processing is not compliant with Law 677/2001;
14.7.3. Notification of third parties to whom the data were disclosed, provided that such notification is not impossible or does not involve a disproportionate effort compared to the legitimate interest that may be harmed.

14.8. AyaHealthBeauty may also share the Buyer’s personal data with other companies with which it has partnership agreements, but only under a confidentiality agreement and only for the stated purposes, ensuring that this data is kept secure and that personal information is provided in accordance with current legislation. This includes courier services, marketing services, payment/banking services, telemarketing, or other services offered by companies with which we may develop joint programs to market our Goods and Services, as well as insurers.

14.9. The Buyer’s personal information may also be provided to the Public Prosecutor’s Office, Police, courts, and other authorized state bodies, based on and within the limits of the legal provisions and following express requests.

15. FORCE MAJEURE

15.1. Neither party shall be held liable for the failure to fulfill its contractual obligations if such failure—whether partial or total, timely or properly executed—is due to a force majeure event. Force majeure refers to an unforeseeable event beyond the control of the parties that cannot be avoided.

15.2. If the event does not cease within fifteen (15) days from the date of its occurrence, each party shall have the right to notify the other of the termination of this Agreement by operation of law, without either party being entitled to claim damages from the other.

16. GOVERNING LAW – JURISDICTION

This Agreement is governed by Romanian law. Any disputes arising between AyaHealthBeauty and Clients/Buyers shall be resolved amicably. If an amicable settlement is not possible, the disputes shall be resolved by the competent Romanian courts in the Municipality of Bucharest.

TERMS OF SERVICE

1. Products, Content, and Specifications
All features, content, specifications, products, and prices of products and services described or illustrated on this website, www.AyaHealthBeauty.com (the “Site”), are subject to change at any time without notice. Please note that depending on the device used to access the Site, product colors may slightly differ from actual colors. The inclusion of any product or service on this Site at a particular time does not guarantee or imply that the product or service will be available at any time. It is your responsibility to comply with applicable laws (including minimum age requirements) regarding the possession, use, and sale of any item purchased from this Site. By placing an order, you confirm that the products ordered will be used only in a lawful manner. All videos, magazines, texts, recipes, and similar content sold via this Site are for private use only and may not be reproduced.

2. Accuracy of Information
We strive to ensure that all information on this Site is complete, accurate, and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete, or outdated. For example, products listed on the Site may be unavailable, may have different attributes than those described, or may be priced differently than stated on the Site. Furthermore, prices and availability may change without notice. We reserve the right, without prior notice, to limit the quantity of orders in certain situations and may require verification of information prior to the acceptance and/or shipment of any order.

5. Use of Submitted Information
Any personal identifying information is subject to the Site’s Privacy Policy. Any materials, information, suggestions, ideas, concepts, know-how, techniques, questions, or comments you transmit or post in relation to this Site in any manner will be considered non-confidential and non-proprietary. We reserve the right to remove any and all rights of users who utilize content we deem inappropriate or unacceptable.

6. Legal Disclaimer
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED THROUGH THIS SITE ARE OFFERED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. NEITHER COOKIE INFORMATION A/S, AYAHEALTHBEAUTY, NOR ANY OF THEIR AFFILIATES GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS SITE.

8.1. Returns Policy – Exceptions
In accordance with GEO 34/2014, Art. 16, letters d and e, food products and cosmetics are likely to deteriorate or expire quickly, or cannot be returned for health protection or hygiene reasons. Products unsealed by the consumer are exempt from the right of return.

10. Export Restrictions
This Site is controlled and operated from Romania. We make no representation that the Site or its content is appropriate or available for use in other locations. Users accessing the Site from outside Romania do so at their own initiative and are responsible for compliance with local laws, if applicable.

11. VOUCHERS
Through this Site or directly from AyaHealthBeauty stores, you may receive various vouchers. These have limited validity and must be used in accordance with the instructions stated on them.

12. NEWSLETTER
By subscribing to our newsletter, you agree to receive promotional emails from AyaHealthBeauty.com.