Terms & Conditions

Dear customer, welcome to KOGAYON.COM website!

You can find here a beautifully crafted unique collection of charms jewelry!

Please read the information bellow about the products and content of KOGAYON.COM website, which is the property of TRANSYLVANIAN CHARMS SRL.,personal data operator no 28287, according to the deed/certificate issued by the Romanian authority www.dataprotection.ro having J23/2635/17.09.2012, VAT no30421354 and correspondence address 97 Unirii road, Corbeanca, Ilfov county, Romania, Europe, e-mail contact@kogayon.com, tel: 0040 721 240 390, 0033 787 961 770. For this reason, wherever within the content of the website, is specified that KOGAYON.COM undertakes obligations and rights, it is understood the owner of the website, TRANSYLVANIAN CHARMS SRL.

You must agree the following TERMS AND CONDITIONS OF USE before using KOGAYON.COM website. BY ACCESSING THE WEBSITE, YOU AGREE TO ACCEPT, WITHOUT LIMITATIONS OR QUALIFITCATIONS, ALL THE TERMS AND CONDITIONS ESTABLISHED HEREUNDER.

If you do not agree with the Terms of Use, you cannot use this Website.

The terms of use include the confidentiality policy and the directing principles of KOGAYON.COM website, rules or terms which can be posted and updated on various pages of KOGAYON.COM or in the notifications sent to you.

KOGAYON.COM reserves its right, at any time, to amend or to update the Terms of Use, and you agree to observe these amendments or updates.

The content of this website (descriptions, characteristics, images, prices, presentation etc.) cannot be reproduced or used without the written approval of the website's owner.

HEALTH WARNING:

We vouch for the quality of our products. We propose these products only in inspirational purposes, without stating that one of these products may cure illnesses or health problems. We do not pretend to diagnose or treat any illnesses. The so-called powers of these products are gathered from books, folklore, traditions and various sources. If you have a physical /health problem needing specialized examination, please refer to a specialist.

Our products do not represent toys. These are designed as talismans for adults and/or children over 10 years of age. They can be easily swallowed; by consequence, if you purchase this amazing and unique product for the Spiritual Protection of your child, make sure you do not leave it at your child's reach.

Our products have irregular shapes and, consequently, we do not warranty that these do not sting or clench. We inspired ourselves for the design from books, folkloric traditions and other sources. Therefore we advise you to use them carefully in order to avoid any stinging or clenching.

We do not undertake the liability for the damages brought to persons allergic to some colorants, animal skins or certain metals found in our products; these persons should be careful and cautious.

APPLICABILITY

The following General Terms and Conditions are applicable to all sales agreements entered through the online shop of www.kogayon.com between TRASYLVANIAN CAHRMS SRL (subsequently called "the seller") and consumer (subsequently called "the buyer"). According to art. 2 par. 2 Of Governments' Ordinance 130/2000, concerning the protection of the consumers when entering and enforcing agreements at distance, the consumer is any natural person or group of natural persons gathered in associations, which act for purposes outside its commercial, industrial or manufacturing, craft or liberal area.

It is applicable the valid version of the Terms and Conditions when the agreement is entered. Any dispositions deviating from the General Terms and Conditions, go against them or are bringing additions to them, are not considered as part of the agreement, even if these are known, excepting the situation in which their applicationis mandatory by law or is agreed explicitly in written.

AGREEMENT

The products and the offers presented on the website are available if found in stock. The prices posted can be periodically modified. We do not warranty the availability in stock of the promoted products and we can interrupt or cancel the promotion without any other previous notification.
Before finalizing the order, the Buyer will be able to visualize his ordered products and will have the possibility to correct any errors made when entering data.The seller has the right to limit the order to a quantity considered ordinary in the commercial practice.

PAYMENT

1. The price offered when ordering is mandatory. In case of delivery in countries which are not part of the European Union import duties, local taxes, and charges are not included in the product price or shipping cost.These charges are the buyer's responsibility 

2. In case of special offers, the offered price shall be limited to the terms of the special offer.

3. Additional costs are added for the delivery of the products. These costs shall be posted before finalizing the order.
4. The payment through cred cards is SSL 256-bits secured.

5. The payment of the products with credit cards are ensured by www.plationline.ro.

6. On the bank statement of the buyer the payment transfer will appear under the name wwwkogayon.com

7. For credit card payments or by bank wire, the payment is considered done when the Order is finalized. For bank account payments, the buyer must pay the bill and send the payment proof within 5 business days starting with the invoicing date to the email address: contact@kogayon.com. After this period, if the payment is not received, the seller is entitled to cancel the invoice and the order. If the buyer pays the bill after the expiring date of the payment term, the seller shall reconfirm the order (initially canceled) – if he still has on stock the requested products or he shall notice the buyer that he/she has the possibility to chose from other products or to have his/her money reimbursed; the buyer must notify within 5 business days the chosen variant, after which the seller shall confirm the receiving of the order or the reimbursement of the money.
8. The buyer is entitled to the compensation of the claims to the extent to which these are disputed or represent the authority of judged matter. The client can assert a retention right only based on the rights rising from the same contractual relation.

Shipping

1. The seller delivers the products in the following countries as of
15th of September 2013.

a. EU countries
- between 5 to 10 working days - 17 EUR

b. NON-EU countries from Europe
- between 5 to 10 working days - 20 EUR

c. Romania - between 1-3 working days - 5 EUR

d. USA and Canada
- between 7 to 14 working days - 33 USD

e. Other destinations
- between 7 to 17 working days - 33 USD

2. For any order, the invoice and the delivery address must be in the same country.

3. The delivery information is considered agreed only to the extent to which this is established in written. The delivery time starts from the moment of the receiving by the buyer of the confirmation of his/her order.The seller shall make the delivery only if the products are in stock. According to GO 130/2000, should the seller not be able to deliver the good because it is not available, he must inform the buyer about it.
4. The shipment costs are indicated before confirming the order and are separate from the cost of the products.
5. Should the products cannot be delivered for any reasons for which the seller is not liable (e.g.: the buyer indicated a wrong address etc.), supplementary shipment costs shall be added. In this case the buyer shall bear the shipment costs of the products for both directions and cannot obtain damages for the delayed delivery for his/her fault.This does not apply in the case of revoking, according to provision hereunder (Warranties).
6. The trader can deliver to the consumer a product or a service of a quality and price equivalent to those requested only if this has been foreseen previously to the entering of the agreement and/or in the agreement, so that the consumer be informed clearly about this possibility. On the contrary, the providing of such products or services similar to the ones requested shall be assimilated without any order, as foreseen under art. 14. The return expenses for the products, in the situation of the exercising of unilateral denunciation of the agreement, are in this case the responsibility of the trader, element on which the consumer must be informed. If the buyer's agreement for the sending of a similar product exists, then the shipment costs shall be paid by the buyer.

The risk of accidental loss or damaging of the sold products is transferred to the buyer when the delivery is done – this being valid also for the delivery in a place different from the enforcing one.
Also, the risk is considered transferred if the buyer didn't take over the delivered product when offered by the seller.

TITLE RESERVATION

1. The products delivered stay the property of the seller until the entire payment of the purchase price.
2. The buyer must handle the products carefully.
3. The buyer cannot pledge with or surrender the products. The buyer must inform the seller without any delay in written if the products are pledged or confiscated, or in case of any other surrender to third parties.

PRODUCTS DESCRIPTION

1. On this website we try to be as specific as possible. However, we do not warranty that the description of the products or that any other content of this website is correct, complete, reliable, current or without errors. Should a product not be as described, the only solution is to be returned unused.

2. The quantity and the quality reception of the products by the Beneficiary is made at the delivery of the goods. By signing the documents to be forwarded by the delivery company, you confirm the quantity and the quality reception of the purchased goods.

3. Any complaint shall be notified to the seller within 5 business days from the reception of the products, after which the complaint shall be settled in the shortest time possible.

4. The pictures and films of the presented products are purely informative and there might be differences between these and the effective delivered product (color, accessories, aspect etc.), as well as between two identical products, because these are handmade/manually assembled. The pictures and the films are purely informative and may contain accessories not included in the standard packages.

WARRANTIES

1. The warranty is solved by TRANSYLVANIAN CHARMS SRL. by sending the product to the buyer through the delivery company. At the address: 97 Unirii road, Corbeanca, Judetul Ilfov, Romania, Europe. The solving of the warranty shall be made by repairing the faulty products if possible, or in the case in which the repair is not possible, by replacing it with a new one, if the product is on stock. Should none of the above variants is possible, to the client it shall be reimbursed the value of the product, by payment order in his/her bank account. The payment for the sent products (two ways) in order to solve the warranty corresponds to TRANSYLVANIAN CHARMS SRL. only if it bas been ascertained that the discovered fault is really a warranty problem and not the result of an improper use of the product. The solution of the warranty is done within maximum 30 days.

2. The warranty conditions are according to the Romanian legislation in force. For the products in whose description it is not specified another warranty period, this is of 30 days starting from the delivery date of the product. When requesting the warranty, it is necessary to present the faulty product with the identification elements intact (serial number or package), together with the corresponding accessories and a copy of the invoice. Should the products arrive without this document, or it's not transmitted in the original package with all the corresponding accessories, the products can be returned to the applicant/sender without the solution of the warranty.

3. The warranty refers exclusively to manufacturing faults and does not cover fault risen subsequently to an improper use of the product. Are not subject to warranty the products presenting physical faults like: hits, cracks, chips, burned or cracked components/elements, damaged, removed or modified labels or warranty seals, products used in improper conditions (subject to various alcohol, water or any other liquids based substances, subject to high temperature and pressure changes, mechanical shocks, improper handling, use of products in humidity, dust, noxae conditions or under chemical substances action etc.), mechanical or plastic intervention upon the products etc.

ANNULMENT RIGHT

1. According to the in force legislation, the annulment of the purchase is applicable only to natural persons customers. Thus, the consumer has the right to notify in written the trader that he's/she's annulling the purchase, without any penalty or invoking a reason, within 10 working days from the receiving of the product. The returned product must be in the same status in which it was delivered (in the original package with all the accessories, with intact labels and with the documents accompanying it). The return costs shall be borne by the buyer and the reimbursement of the product's counter value shall be done by the seller within maximum 30 days from the sending back.

2. If the product is returned in a shape which renders it impossible to be resold as new, we reserve our right to request a fee for the bringing back in the initial shape (if possible) or to cover the price difference resulted from the selling of the product as second-hand or, at the client's choice, we shall deliver again the product, on his/her own expense. The clause is applicable according to G.O. 130/2000, for the purchasing of products from this website by using the long distance communication technology, applying the definitions found in G.O. 130/2000 under art. 2 lett.e.

3. The annulment notification must be sent to Transylvanian Charms SRL., to the e-mail address: contact@kogayon.com

DATA

According to the requirements of Law no. 677/2001 on individuals protection regarding personal data processing and the free movement of such data , with the subsequent amendments and additions made by Law no. 506/2004 concerning the personal data processing and electronic confidentiality protection, the company TRANSYLVANIAN CHARMS SRL., personal data operator no. 28287, according to the deed /certificate issued by the Romanian authority www.dataprotection.ro having J23/2635/17.09.2012, VAT no30421354 and correspondence address 97 Unirii road, Corbeanca, Ilfov county, Romania, Europe, e-mail contact@kogayon.com, tel: 0040 722 357 044, 0033 787 961 770 has the obligation to manage under safety conditions and only for the specified purposes, the personal data you provide to us. The purpose of the data collecting is: information on the order status and delivery and marketing and advertising. You have the obligation to provide the data, these being necessary for the delivery of the orders. Your refusal conducts to the cancelling of the order. The information registered is meant for the use of the operator and is communicated only to the direct marketing operator.

2. According to Law no. 677/2001, you benefit from the right to information, access, intervention upon data, the right to not be subject of an individual decision, the right to oppose and the right to appeal to justice. At the same time, you have the right to oppose yourself to the processing of the personal data concerning you and to request their erasing. In order to exercise this rights, you can address yourself in written, by a notification dated and signed , to TRANSYLVANIAN CHARMS SRL, with the address 97 Unirii road, Corbeanca, Ilfov or by sending an e-mail to dataprotection@kogayon.com.

3. The buyer has been thoroughly informed about the type, application sector, place and purpose of collecting, processing and using of the personal data necessary for the execution of the orders, as well as upon the annulment right with respect to the use of his/her user profile under anonymity for advertising, research purposes and for designing of services for the satisfaction of the requirements.

4. The customer is explicitly agreeing to the collecting, processing and use of personal data. He/she has the right to annul the consent at any future time.

5. For more details please refer to « Data privacy » 

COPYRIGHT

1. All the content included on this website, including, without limitation, text, graphics, logos, icons, images, audio and video clips, is the property of KOGAYON.COM or of its content providers and is protected by the Romanian and international copyright laws. It is granted the permission to electronically copy and print sections of the website for non commercial use, for the sole purpose of placing an order on KOGAYON.COM or to use the website as a shopping source. Any other use, including the reproducing, the modification, distribution, transmission, republishing performance or content posting of KOGAYON.COM is strictly prohibited.
2. All the commercial trademarks, logos, service trades and commercial names are the property of KOGAYON.COM or of the owners who granted to KOGAYON.COM the right and the license to use this intellectual property.

3. By website we understand the information collection obtained by accessing the web address: www.kogayon.com

THIRDS PARTIES LINKS

1. The website may contain links to websites held or operated by independent third parties. These links are provided for help and referral. We do not control these websites, and consequently, we are not liable for none of the contents found on these websites. The transactions that take place between you and any other third party are strictly between you and third parties and are not the responsibility of KOGAYON.COM. We reserve our right to eliminate these links at any time. The fact that we offer these links must not be interpreted under no circumstance as an approval, authorization, or warranty for the content of that website or for the website itself. Because some of the websites use automatic research results or are connecting you to websites which contain information that might be considered inappropriate or offending, we cannot be considered liable for the accuracy, copyright observing, legality or decency of the material contained within the websites of third parties, including the weekly announcements available on-line, and you hereby irrevocably are giving up to any complaints against us with respect to these websites.

COMPETENCE

1. Romanian law and Romanian jurisdiction are applied.

If the litigation is not solved amiably, then the solution corresponds to the competence of the courts of law from the headquarters of the seller.

WRITTEN FORM

1. Amendments or additions to the agreement, as well as possible supplementary provisions – especially regarding this requirement of written form – are available in written form.

SEPARABILITY CLAUSE

If one or more provisions of the General Terms and Conditions are or become completely or partially null or not enforceable, this/these does/do not affect the validity of the other dispositions or agreements of them. Should the case be, the provision completely or partially invalid shall be replaced, according to the reciprocal agreement of the parties, by a valid provision, which is as close as possible to the meant purpose of the invalid or inapplicable provision.

FORCE MAJEURE AND CONTINGENT CASE

1. The liability (e.g. – delay in delivery or the non delivery) is eliminated when the prejudice is caused by the force majeure or by a contingent case.

2. The force majeure is any external event, unpredictable, absolutely invincible and unavoidable. It is considered as force majeure: war, revolution, fire, natural disasters (e.g. flood), transporters/airports workers strike etc.

3.The contingent case is an event which cannot be foreseen nor prevented by the person that would have been called liable in the case in which the event wouldn't have taken place.

4. If, according to the law, the debtor is exonerated of his/her contractual liability for a contingent case, he/she is, also, exonerated in case of force majeure.

CONTACT

If you need any information about our products, purchase process or delivery terms, please write to us to: contact@kogayon.com or sales@kogayon.com

Or call us at: +33 787 96 17 70 or +40 722 357 044

From Monday to Friday from 15:00 - 17:00 CET

For advertising or public relations please send us an e-mail to contact@kogayon.com. We shall contact you within 24h.

The presented terms and conditions observe the legislative regulations in force in Romania:

  • Electronic commerce law - no. 365 of June 7th 2002, published in the Official Gazette no. 483 of July 5th 2002
  • Ordinance no. 21 of August 21st 1992 regarding consumers protection, published in the Official Gazette no. 212 of August 28th 1992
  • Ordinance no. 130 of August 31st 2000 regarding the consumers protection when entering and enforcing agreements at distance, published in the Official Gazette no. 57 of January 31st 2003.

Law no. 677 of 21/11/2001 on the individual protection regarding personal data processing and the free movement of such data published in the Official Gazette no. 790 of 12/12/2001.


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