Legal Guarantee of Conformity

Information Regarding the Warranties Associated with Products Sold, in Accordance with the Provisions of Law No. 449/2003

The legal guarantee of conformity represents the legal protection afforded to consumers by law in respect of a lack of conformity. It constitutes the seller’s legal obligation towards the consumer to bring the product into conformity, at no additional cost to the consumer, including by refunding the price paid by the consumer, repairing or replacing the product, if it does not comply with the conditions set out in the warranty statements or in the relevant advertising.

Products shall be deemed to conform to the sales contract if:

a) They correspond to the description provided by the seller and possess the same qualities as the products presented by the seller to the consumer as samples or models;

b) They are fit for any specific purpose required by the consumer, which was made known to the seller and accepted by the seller at the time of concluding the sales contract;

c) They are fit for the purposes for which products of the same type are normally used;

d) Being of the same type, they exhibit the normal quality parameters and performance that the consumer may reasonably expect, taking into account the nature of the product and any public statements regarding its specific characteristics made by the seller, the manufacturer or their representative, particularly through advertising or information displayed on the product label.

A lack of conformity shall not be deemed to exist if, at the time of concluding the sales contract, the consumer knew or could not reasonably have been unaware of the lack of conformity, or if the lack of conformity originates from materials supplied by the consumer.

The seller shall be liable under the legal guarantee of conformity if the lack of conformity becomes apparent within 2 years from the date of delivery of the product.

After the expiry of the 2-year period, consumers may claim the repair or replacement of products that cannot be used for the purpose for which they were manufactured as a result of hidden defects arising during the average service life of the products, subject to the conditions laid down by law.

The consumer must notify the seller of the lack of conformity within two months from the date on which it was discovered. Unless proven otherwise, any lack of conformity that becomes apparent within 6 months of delivery of the product shall be presumed to have existed at the time of delivery, except where such a presumption is incompatible with the nature of the product or the nature of the lack of conformity.

In the event of a lack of conformity, the consumer shall be entitled to request that the seller bring the product into conformity free of charge. This means that all costs necessary to bring the product into conformity, including transportation, handling, labour, materials and packaging costs, shall be borne by the seller. Alternatively, the consumer may be entitled to an appropriate reduction in the price or to termination of the contract concerning that product.

In the event of a lack of conformity, the consumer shall first be entitled to request that the seller repair the product or, alternatively, replace it. In either case, the remedy shall be provided free of charge, unless the chosen measure is impossible or disproportionate.

Any repair or replacement of products shall be carried out within 15 calendar days from the date on which the buyer hands over the product to the seller or to the courier company, on the basis of a handover and acceptance document.

The consumer may request an appropriate reduction in the price or termination of the contract in any of the following circumstances:

a) If the consumer receives neither a repair nor a replacement of the product;

b) If the seller fails to take corrective action within a reasonable period of time;

c) If the seller fails to take corrective action within 15 calendar days from the date on which the buyer hands over the product, without causing significant inconvenience to the consumer.

The seller shall have the same obligations with regard to a replacement product as those applicable to the product originally sold, under the legal guarantee of conformity.

The consumer shall not be entitled to request termination of the contract if the lack of conformity of the product is minor.

Warranty Claim Procedure

The buyer shall notify the seller by email at contact@adinadeac.com of any lack of conformity or defects arising during normal use of the product.

The claim must be accompanied by proof of purchase. The seller shall acknowledge receipt and registration of the claim as soon as possible and may request additional information, where necessary.

The product, together with all its accessories, shall be delivered in person or sent by express courier for assessment to the following address:

ADINA DEAC CLOTHING S.R.L.
5 Bocskai Istvan Street, 1st Floor, Apt. 9
Cluj-Napoca, Cluj County, Romania
Telephone: 0757 705 482

Products must be adequately packaged to prevent damage during transportation.

Products shall be collected only from within Romania. Transportation costs shall be borne by the seller.

For products handed over in person, handover and acceptance documents must be drawn up both when the product is received from the buyer and when it is returned to the buyer. These documents shall contain the essential information required for the assessment and resolution of the claim.

Commercial Warranty Claims

a) The following are not covered by the commercial warranty:

i) Products that have been modified by the customer;

ii) Defects such as cuts, tears, rips or cracks in the products that are not attributable to the seller;

iii) Defects resulting from normal or excessive wear and tear, exposure to temperatures or pressure, mechanical shocks, improper handling, the action of chemical substances, unauthorised intervention on the product or misuse;

iv) Defects resulting from unauthorised modifications, improper use, negligence, or inadequate maintenance or storage;

v) Minor cosmetic defects that do not prevent the product from being used under normal conditions;

vi) The customer’s subjective dissatisfaction with the purchased product.

Proof of purchase must be provided by the buyer in the form of a copy of the invoice or fiscal receipt. The burden of providing such proof rests with the buyer. Automated messages sent when orders are placed, card payment slips and bank statements do not constitute proof of purchase.

If, following the assessment, the warranty claim is found to be unjustified, the buyer shall bear all costs associated with the claim.