DEFINITIONS
AVANTI CLO / Seller: AVANTI CLO S.R.L., a Romanian legal entity, with its registered office in Bucharest, Sector 3, Bdul. I. C. Bratianu 44 Bis Bl. P7 Sc. A Et. 5 Ap. 9, registered with the Trade Registry attached to the Bucharest Tribunal under no. J40/16498/2021, unique tax registration code 51481910, email: office@avanticlo.eu .
User: (1) a natural person with full legal capacity (aged 18 or older), or a natural person acting through an authorized representative, (2) a legal entity, or (3) a legally established entity without legal personality but with full legal capacity granted by law to enter into legal acts, who accesses the Website and its Content, regardless of whether they have created an Account on the Website or not.
The registration of natural persons without legal capacity or with restricted legal capacity as registered Users through an Account, or the placement of Orders through the Website, is not permitted. The legal representatives of the aforementioned persons are responsible for any and all damages caused by them.
The use of the Website and the placement of Orders on the Website by Users implies their unconditional acceptance of the specific clauses of the Website found in the Terms and Conditions section. The User undertakes to carefully review these terms before using the Website and/or placing Orders on the Website, and any information contained in this section cannot be the subject of a complaint regarding the failure to comply with the legal obligation to inform.
Website: the online store hosted at the address avanticlo.eu, owned and managed by Avanti Clo, as well as its subdomains, if applicable.
Content:
-
all data and information on the Website that can be visited, viewed, or accessed using electronic equipment;
-
the content of any email sent to Users by Avanti Clo via electronic means and/or any other available communication method;
-
any information communicated by any means by an employee/collaborator of Avanti Clo to the User, in accordance with the contact information, whether specified or not;
-
information related to the Goods available on the Website and/or the prices applied by Avanti Clo during a specific period;
-
data relating to Avanti Clo or other privileged data thereof.
My Account (hereinafter referred to as Account): the section of the Website consisting of an email address and password that allows a User who has completed the registration procedure on the Website to submit an Order and which contains information about the User (name, surname, addresses, etc.) and their history on the Website (Orders, coupons, etc.); the User is responsible for ensuring that all information entered when creating the Account is accurate, complete, and up-to-date.
Cart (Shopping Cart): the section of the Website that allows the User, regardless of whether they have an Account on the Website, to add Goods they wish to purchase at the time of adding them (for Users without an Account on the Website) or at a later time (for Users with an Account on the Website).
Order: an electronic document that serves as a form of communication between the Seller and the User, through which the User expresses their intention to purchase Goods from the Website to the Seller via the Website.
Goods: any product listed on the Website, including the products mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the concluded Contract. All Goods presented on the Website are available subject to physical stock availability, with the note that Avanti Clo frequently updates its stock, and some Goods may be unavailable on the Website due to temporary desynchronization between the Website and the physical stock management of the Goods.
Campaign: the action of displaying, for commercial purposes, a finite number of Goods with a limited and predefined stock, for a limited period of time set by the Seller.
Contract: the distance contract concluded between the Seller and the User via the Website, as a means of remote communication, without the simultaneous physical presence of the Seller and the Buyer.
Document: these Terms and Conditions.
Promotional Messages / Newsletter: a periodic informational message, sent exclusively electronically, containing general and thematic information, information regarding offers, promotions, Campaigns, or contests conducted/organized by Avanti Clo during a specific period, without any commitment from Avanti Clo regarding the information contained therein.
Transaction: the collection or refund of an amount resulting from the sale of a Good by Avanti Clo to the User, using the services of the card processor agreed upon by Avanti Clo or by cash on delivery, regardless of the delivery method.
Specifications: all specifications and/or descriptions of the Goods as stated in their description on the Website.
Price: the sale price that the User sees on the page of each Good on the Website, applied by Avanti Clo. The prices of the Goods on the Website are for informational purposes and may be subject to unannounced changes. Promotions and offers presented on the Website are valid for the specified period, and if no period is mentioned, they are valid within the limits of available stock.
CONTRACTUAL DOCUMENTS
2.1 By registering an Order on the Website, the User agrees to the form of communication (phone call, SMS, or email) through which the Seller conducts its commercial operations.
2.2 The Order registration notification received by the User after placing the Order serves an informational purpose and does not constitute acceptance of the Order. This notification is made electronically (email).
2.3 For justified reasons, the Seller reserves the right to modify the quantity of Goods in the Order. If a modification is made to the quantity of Goods in the Order, the Seller will notify the User by phone and email at the phone number and email address provided to the Seller when placing the Order and will refund the paid amount.
2.4 The Contract is considered concluded between the Seller and the User at the moment the User receives from the Seller, via email and/or SMS, the confirmation of acceptance of the Order, referred to in this Document as the Order confirmation notification.
2.5 The Document and the information provided by Avanti Clo on the Website will form the basis of the Contract, supplemented, if applicable, by the warranty certificate issued by the manufacturer or supplier of the purchased Goods.
ONLINE SALES POLICY
3.1 Access to place an Order is permitted to any User. Avanti Clo reserves the right to restrict the User’s access to placing an Order and/or to some of the accepted payment methods for justified reasons, namely in the case of a serious breach of this Document by the User, i.e., in situations where the User violates the obligations listed under point 7 below (exhaustive list). The User may contact Avanti Clo (via email at office@avanticlo.eu) to be informed of the reasons that led to the application of the aforementioned measures.
3.2 The Seller may publish on the Website information about Goods and/or promotions and/or Campaigns conducted by it during a specific period and within the limits of available stock.
3.3 In the case of online payments, the Seller is not/cannot be held responsible for any additional costs incurred by the User, including but not limited to fees applied by the issuing bank of the User’s card. Responsibility for this action lies solely with the User.
3.4 All information used to describe the Goods available on the Website (static/dynamic images/multimedia presentations, etc.) does not represent a contractual obligation on the part of the Seller; it is used exclusively for presentation purposes.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1 The Content, as defined under point 1 above, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text, and/or multimedia content presented on the Website, is the exclusive property of Avanti Clo, with all rights obtained in this regard, directly or indirectly (through usage and/or publication licenses), reserved to it. The User is not permitted 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 that originally intended by Avanti Clo, include any Content outside the Website, remove signs indicating Avanti Clo’s copyright over the Content, or participate in the transfer, sale, or distribution of materials created by reproducing, modifying, or displaying the Content, except with the express consent of Avanti Clo.
4.2 Any Content to which the User has and/or obtains access by any means is subject to this Document, unless the Content is accompanied by a specific and valid usage agreement concluded between Avanti Clo and the User, and without any implied or express warranty from Avanti Clo regarding that Content.
4.3 The User may copy, transfer, and/or use the Content only for personal or non-commercial purposes, provided this does not conflict with the provisions of this Document.
4.4 If Avanti Clo grants the User the right to use specific Content, as described in a separate usage agreement, to which the User has or gains access under that agreement, this right extends only to the Content defined in the agreement, only for the duration of its existence on the Website or the period defined in the agreement, under the specified conditions, if any, and does not constitute a contractual commitment from Avanti Clo toward that User or any third party who has/obtains access to this transferred Content by any means and who may be or is harmed in any way by this Content during or after the expiration of the usage agreement.
4.5 No Content transmitted to the User by any means of communication (electronic, telephone, etc.) or acquired by the User through access, visitation, and/or viewing constitutes a contractual obligation on the part of Avanti Clo and/or the Avanti Clo employee/collaborator who facilitated the transfer of the Content, if applicable, regarding that Content.
4.6 Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying usage agreement, if any, is prohibited.
ORDER. INVOICING – PAYMENT. DELIVERY OF GOODS
5.1 To order from the Website, the User must create an Account or opt directly for the “order without a customer account” option available in the “Complete Order” form.
5.2 On the page of each Good on the Website, you will find the necessary details (name of the Good, photos, materials and colors, available sizes, size guide, price).
5.3 The prices of the Goods displayed on the Website are in Romanian Lei (RON), include VAT in accordance with applicable legislation, and do not include shipping fees. There is no minimum order requirement.
5.4 The price, payment method, and payment term are specified in each Order. The Seller will issue an invoice to the User for the delivered Goods, and the User is obliged to provide all the information necessary for issuing the invoice in accordance with applicable legislation. For Users who are legal entities or legally established entities without legal personality, the information required for issuing the invoice in accordance with applicable legislation must be included in the section titled “Do you have any comments about the order?” in the “Complete Order” form, prior to completing the Order.
5.5 By submitting the Order, the User agrees to receive invoices in electronic format via email to the email address provided by the User.
5.6 The User may place Orders on the Website by adding the desired Good(s), for which they have previously selected the size(s), to the Shopping Cart. After adding all the desired Goods to the Shopping Cart, the User will complete the “Complete Order” form, including selecting one of the payment methods expressly indicated in the form (online payment by bank card – Visa, Visa Electron, Mastercard, Maestro – or cash on delivery), then press “Complete Order” and make the payment via bank card directly on the Website, if this is the chosen payment method. Once added to the Shopping Cart, a Good is available for purchase as long as there is available stock for it. Adding a Good to the Shopping Cart does not guarantee its availability, and adding a Good to the Shopping Cart without completing the Order does not result in the registration of an order and/or reservation of the Good.
5.7 By completing the Order, the User confirms that all the data provided by them, necessary for the purchase process, are accurate, complete, and true as of the date of placing the Order.
5.8 By completing the Order, the User agrees that the Seller may contact them by any available/agreed means in any situation where contacting the User is necessary. After completing the Order, regardless of the chosen payment method, the User will receive the Order registration notification from the Seller at the email address provided by the User, in accordance with point 2.2 above.
5.9 The User’s payment card details will not be accessible to Avanti Clo nor stored by Avanti Clo, but only by Netopia Payments.
5.10 For Transaction security reasons, the User is advised not to remain logged into the Website and not to set the automatic login option on mobile devices. Disclosure of the Account access password is not permitted, and it is recommended to use a strong security password (e.g., containing at least eight characters, including uppercase letters, lowercase letters, numbers, and special characters).
5.11 Order Confirmation:
5.11.1 If the User has opted for online payment with a bank card directly on the Website, they will receive a confirmation/denial notification of the Order from the Seller at the email address provided by the User within 24 business hours of completing the Order. This confirmation/denial notification will be sent after Avanti Clo verifies the stock availability of the Goods in the Order. If there is availability in stock for only part of the Goods in the Order, it will be partially confirmed by Avanti Clo, and the price paid by the User for the unavailable Goods will be refunded to the bank account from which the payment was made within 24 business hours of sending the partial confirmation, with the note that Avanti Clo cannot guarantee the timeframe within which the User’s bank account will be credited with the respective amount, as this depends on the bank(s) involved.
5.11.2 If the User has opted for cash on delivery, the following procedure will apply:
-
Avanti Clo verifies the stock availability of the Goods in the Order;
-
If the Goods are not available in stock, Avanti Clo will deny the User’s Order via a phone call to the phone number provided by the User within 24 business hours of completing the Order;
-
If the Goods are partially or fully available in stock, the User will be contacted by phone by the Seller at the phone number provided by the User within 24 business hours of completing the Order to confirm/deny the Order placed on the Website or the part of the Order for which there is stock availability;
-
If the User does not answer the first phone call, the Seller will immediately send an SMS to the User, requesting them to confirm/deny the respective Order or part of the Order for which there is stock availability in writing;
-
If the User does not respond in writing to this SMS or does not confirm/deny the Order or part of the Order for which there is stock availability by another method (e.g., phone call or email), they will receive a second phone call from the Seller within 24 hours of the first call, and if they do not answer this second call, the Order will be denied by the Seller by sending a denial notification to the email address provided by the User;
-
If the User confirms the respective Order or part of the Order for which there is stock availability by phone, SMS, or email, Avanti Clo will send the User an Order confirmation notification to the email address provided by the User within 24 business hours of the Order confirmation.
5.12 After the Order has been fully or partially confirmed, as applicable, in accordance with the above, when the Goods are shipped, the User will receive a shipping notification from the Seller at the email address provided by the User, including the Order status. Along with the Order status, the User will also receive the invoice related to the Order and the courier tracking number to monitor the shipment of the Order.
5.13 The Seller reserves the right not to honor any Order and to cancel an Order placed by the User, following prior notification to the User, without any subsequent obligation of either party toward the other or without either party being able to claim damages from the other in the following cases:
5.13.1 non-acceptance by the User’s card-issuing bank of the transaction, in the case of online payment;
5.13.2 invalidation of the transaction by the card processor agreed upon by Avanti Clo, in the case of online payment;
5.13.3 the data provided by the User on the Website are incomplete and/or incorrect;
5.13.4 the User’s activity on the Website may and/or causes damages of any kind to Avanti Clo and/or its partners;
5.13.5 more than two consecutive failed deliveries to the User, regardless of whether the User opted for online payment with a bank card or cash on delivery for those Orders; a failed delivery refers to the following situation: when the package cannot be delivered for various reasons by the courier (the recipient does not respond, the specified address is incorrect, etc.), and the courier cannot contact the User by phone, the package is returned to the sender Avanti Clo after the period it remains in the Cargus Courier warehouses (if the User answers the first phone call from Fan Courier regarding the package delivery, Cargus Courier keeps the package in its warehouses for 5 days from that call; if the User does not answer the call, a second attempt is made the next day, and if the User still does not answer the call from Cargus Courier, the package is automatically returned to Avanti Clo);
5.13.6 the ordered Good is not available;
5.13.7 there are errors related to the price or description of the Good;
5.13.8 the User does not confirm the Order or cannot be contacted for its confirmation;
5.13.9 the User is not 18 years old;
5.13.10 for other objective reasons.
For the non-acceptance of an Order, the User will be notified via email to the address specified in the Order.
5.14 The delivery conditions for the Goods sold by Avanti Clo can be found in the Delivery section.
5.15 The Seller will ensure proper packaging of the Goods, possibly using a box overprinted with the Avanti Clo logo, and will ensure the transmission of accompanying documents, if applicable.
5.16 The Seller will deliver the Goods only within the territory of Europe.
5.17 Avanti Clo Gift Vouchers
5.17.1 The Avanti Clo Gift Voucher is a value coupon issued by Avanti Clo in dematerialized form, which can be used during its validity period for full or partial payment of Orders for Goods sold by Avanti Clo on the Website. Avanti Clo does not issue gift vouchers in physical format.
5.17.2 Gift Vouchers are available in denominations of 100 RON, 200 RON, and 500 RON. For other amounts, combinations of gift vouchers with different values can be purchased.
5.17.3 The Avanti Clo Gift Voucher can be used on the Website on a single occasion, i.e., at the time of placing a single Order, possibly supplemented by another payment method accepted by Avanti Clo as per this Document. Only one gift voucher is accepted per Order.
5.17.4 The Gift Voucher can be used to purchase any Goods, including those on promotion or other special offers.
5.17.5 A Gift Voucher cannot be used to purchase other gift vouchers.
5.17.6 The User can purchase gift vouchers from the Website using the same procedure detailed in this Document for purchasing Goods, but they will be required to select online payment by bank card as the payment method, as cash on delivery is not accepted.
5.17.7 The Seller reserves the right to automatically cancel an Order placed by the User, without any subsequent obligation of either party toward the other or without either party being able to claim damages from the other, if the User selects cash on delivery at the time of placing the Order for gift vouchers.
5.17.8 The User will receive the Gift Voucher by email from the Seller within a maximum of 3 business days from placing the Order.
5.17.9 The Gift Voucher is not nominal and is transferable.
5.17.10 Each Gift Voucher has a unique code, consisting of 8 digits and letters, received at the email address associated with the account, which the User will enter in the “DISCOUNT COUPON” box in the “Complete Order” form.
5.17.11 The value of the Gift Voucher cannot be refunded to either the original purchaser or a subsequent holder.
5.17.12 The Gift Voucher is valid for 6 months from the date of purchase/issuance. After the validity period expires, the Gift Voucher can no longer be used to pay for the value of purchased Goods. After the validity period expires, the value of the Gift Voucher is considered lost; the holder of the Gift Voucher bears full responsibility for the expiration of the validity period and is not entitled to any compensation from Avanti Clo. The validity date of the Gift Voucher is calculated based on the issuance date of the Gift Voucher.
5.17.13 Once purchased, a Gift Voucher cannot be returned or exchanged in any way.
5.17.14 The return of Goods purchased with a gift voucher(s) will be carried out in accordance with the return conditions applicable to Orders placed on the Website, as detailed in this Document.
RIGHT OF WITHDRAWAL
6.1 The User has the right to withdraw from this Contract, i.e., to return a Good, without stating reasons and without incurring costs other than the direct costs of returning the Good, within 14 calendar days. Thus, according to Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing certain normative acts, the withdrawal period expires within 14 calendar days starting from:
-
the day the User takes physical possession of the Good subject to the Order;
-
the day the User takes physical possession of the last Good – in the case where the User orders multiple Goods through a single Order that will be delivered separately;
-
the day the User takes physical possession of the last batch or piece – in the case of delivery of a Good consisting of multiple batches or pieces.
6.2 To exercise the right of withdrawal, the User must inform us, providing their name, postal address, order code so that it can be identified by Avanti Clo, and, if applicable, phone number and email address, regarding their decision to withdraw from this Contract. For this purpose, the User may complete and submit electronically from the Website the return form available at the address [insert address], or any other unequivocal statement. If the User uses this option, we will send them a confirmation of receipt of the withdrawal request via email without delay.
6.3 To meet the withdrawal deadline, it is sufficient for the User to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
6.4 If the User requests withdrawal from the Contract within the legal withdrawal period, they must also return any gifts that accompanied the respective product, and for products that constitute a kit/set, they must be returned as a kit/set.
6.5 If the User withdraws, in the case where the Order is paid, the Seller will refund the amount within a maximum of 14 (fourteen) calendar days from the date the Seller is informed by the User of their decision to withdraw from this Contract. The amount will be refunded as follows, without charging fees as a result of the refund:
6.5.1 for Orders paid by bank card -> by refund to the account from which the payment was made;
6.5.2 for Orders paid by cash on delivery -> by refund to the bank account provided by the User through the return form or written statement or email, as applicable. The User agrees that placing an Order constitutes their express consent for the refund to be made by Avanti Clo via bank transfer in case of withdrawal.
6.6 If the Seller has not offered to retrieve the Goods itself, it may defer the refund until the date of receipt of the Goods subject to the sale or until the moment of receiving proof from the User that they have sent the Goods to a professional for shipment, whichever date is earlier.
6.7 The User must ship the Goods without undue delay and, in any case, within a maximum of 14 days from the date they communicated the withdrawal. The deadline is met if the Goods are sent back before the 14-day period expires.
6.8 Since, in the case of distance sales, the User does not have the opportunity to check the Goods before concluding the contract, they have the right to withdraw from the contract. For the same reason, the User is allowed to test and check the Goods they have purchased to the extent necessary to establish the nature, characteristics, and functioning of the Goods.
6.9 To determine the nature, characteristics, and functioning of the Goods, the User must handle and inspect them in the same manner as they would be allowed to do in a physical store. For example: the User should only try on a clothing item, not wear it on various occasions.
6.10 For the Goods to be returnable, they must be in the same condition as when delivered, unworn, without stains, scratches, bends, cuts, or tears. The User is responsible only for the diminished value of the Goods resulting from handling other than that necessary to determine the nature, qualities, and functioning of the Goods.
6.11 The accessories (laces, protective bag, etc.) included in the Good’s box, labels, and its original packaging are an integral part of the Good. Therefore, we recommend that the User, when exercising their right of withdrawal from the contract, return it in its undamaged original packaging, packed, if applicable, in the protective box used by Avanti Clo for delivery, overprinted with the Avanti Clo logo (see art. 5.15 above), or in a similar protective box (without labels attached, cuts, tears, etc.), along with all its accessories and labels.
6.12 If a Good ordered by the User cannot be delivered by the Seller, regardless of whether the respective Order has been confirmed according to the procedure under point 5.11 above, the Seller will inform the User of this fact and will refund the value of the Good received from the User to the User’s account within a maximum of 7 (seven) calendar days from the date the Seller became aware of this fact or from the date the User expressly expressed their intention to terminate the Contract.
6.13 The following are exempt from the right of withdrawal from the Contract:
6.13.1 the supply of sealed Goods that cannot be returned for health protection or hygiene reasons and which have been unsealed by the User;
6.13.2 the supply of Goods made to the User’s specifications or clearly personalized.
USER OBLIGATIONS
In particular, the User has the following obligations:
7.1 to provide only accurate, current, and complete data in the forms provided on the Website;
7.2 to use the services and functionalities provided by Avanti Clo in a manner that does not interfere with the operations of Avanti Clo or the Website;
7.3 to use the services and functionalities provided by Avanti Clo in accordance with applicable legal provisions, this Document, as well as good practices and community life principles;
7.4 to use the services and functionalities provided by Avanti Clo in a manner that does not cause inconvenience to other Users or the Avanti Clo company;
7.5 not to use the Website to provide or transfer any Content prohibited by applicable law, particularly Content that infringes third-party copyrights;
7.6 to refrain from actions such as:
-
sending or posting unsolicited commercial information on the Website or posting any Content that violates the law (posting illegal content is prohibited);
-
IT actions or other actions aimed at obtaining access to information not intended for the User, including data of other Users, or that interfere with the rules or technical aspects related to the administration of the Website and payment processing;
-
unauthorized modification of the Content provided by Avanti Clo, particularly the Prices or descriptions of the Goods provided on the Website;
7.7 to make timely payment of the Price and other costs agreed upon by the User and Avanti Clo;
7.8 to pick up the ordered Goods on time, using the selected transport method and chosen payment method;
7.9 to purchase, in the case of limited Goods launches, as indicated on the Website in the Good’s description, a maximum of one product of each Good available on the Website (e.g., one pair of a specific sports shoe available on the Website, identified by name and/or reference).
CONFIDENTIALITY
8.1 Avanti Clo will maintain the confidentiality of any information you provide. The disclosure of the provided information may only occur 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 will be made by the User without the prior written consent of the Seller.
8.3 By submitting information or materials through the Website, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the Seller may freely use, in its own interest, these information, ideas, concepts, know-how, or techniques that you have sent us through the Website. Avanti Clo will not be subject to confidentiality obligations regarding the information sent, unless otherwise specified by applicable legislation.
PROMOTIONAL MESSAGES / NEWSLETTERS
9.1 The User may change their option regarding the consent given to the Seller for Promotional Messages / Newsletters containing general and thematic information, information about offers, promotions, Campaigns, or contests conducted/organized by Avanti Clo during a specific period, at any time as follows:
9.1.1 by accessing the unsubscribe link displayed in the Newsletters received from the Seller via email (at the bottom of the email in the “click here to unsubscribe” section); or
9.1.2 by contacting Avanti Clo.
9.2 Opting out of receiving Promotional Messages / Newsletters does not imply withdrawal of the consent given for the terms and conditions of this Document and applies only after the intention to opt out has been communicated.
WARRANTIES
10.1 All Goods sold by Avanti Clo, except for resealed Goods, benefit from warranty conditions in accordance with applicable legislation and the commercial policies of the manufacturers. The Goods are new (except for resealed Goods), in their original packaging, and come from sources authorized by each manufacturer.
10.2 General Warranty Conditions
Avanti Clo S.R.L., with the identification details listed under point 1 above, as the seller, is liable to you, as a consumer, for any non-conformity existing at the time of delivery of the Goods.
Please review the provisions of this warranty and keep the purchase invoice for any potential claims regarding the non-conformity of the Good.
Please send any complaints in writing to the email address office@avanticlo.eu or to the address Romania, Bucharest, Sector 3, Bdul. I. C. Bratianu 44 Bis Bl. P7 Sc. A Et. 5 Ap. 9.
Information and pictograms regarding the composition and cleaning and maintenance instructions for the Goods can be found either on the inner label of the Goods or on the cardboard label attached to them. These are specific to each type of Good.
Please consult the meaning of the pictograms to identify the specific maintenance/cleaning methods for each type of Good. For the warranty to be granted, please consult and follow the specific cleaning and maintenance instructions for each Good.
The warranty does not apply, and Avanti Clo cannot be held liable in any way for defects that may arise due to:
-
the cleaning/washing/maintenance process that does not comply with the specific instructions for each Good, as indicated above;
-
storage or use of the Goods in humid conditions;
-
discoloration due to exposure to sunlight or other strong heat sources;
-
repairs or modifications made by unauthorized persons;
-
normal wear and tear of the Good;
-
use in improper or incorrect conditions by the User, other than those for which the Good was designed.
Avanti Clo provides the consumer with a legal conformity warranty of two years, in accordance with the provisions and limitations of Government Emergency Ordinance no. 140/2021 on certain aspects related to contracts for the sale of goods and Government Ordinance no. 21/1992 on consumer protection, for deficiencies not attributable to the consumer, provided the usage and maintenance recommendations are followed.
Corrective Measures in Case of Non-Conformity
In the event of non-conformity of the Good, the consumer has the right to request Avanti Clo to bring it into conformity (repair or replacement of the Good) or, as applicable, a proportional price reduction or refund of the price paid for the Good, which implies termination of the Contract.
According to the provisions of Government Emergency Ordinance no. 140/2021 on certain aspects related to contracts for the sale of goods, any non-conformity identified within one year from the date the Goods were delivered is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Goods or the nature of the non-conformity.
To bring the Good into conformity, the consumer may choose between repair and replacement, except where the chosen corrective measure would be impossible or, compared to the other available corrective measure, would impose disproportionate costs on Avanti Clo, taking into account all circumstances, including the following:
-
the value of the Good if there were no non-conformity;
-
the severity of the non-conformity; or
-
whether the alternative corrective measure could be performed without significant inconvenience to the consumer.
Avanti Clo may refuse to bring the Good into conformity if repair or replacement is impossible or would impose disproportionate costs, taking into account all circumstances, including those mentioned under points a) and b) above.
The consumer has the right either to obtain a proportional price reduction (the price reduction is proportional to the decrease in the value of the Good received by the consumer compared to the value the Good would have if it were in conformity) or to terminate the Contract, which implies a refund of the price paid for the Good, as detailed below, in any of the following cases:
-
Avanti Clo has not completed the repair or replacement or, as applicable, has not completed the repair or replacement in accordance with the provisions below regarding the repair or replacement of the Good, or Avanti Clo has refused to bring the Good into conformity as mentioned above;
-
a non-conformity is identified despite Avanti Clo’s efforts to remedy it;
-
the non-conformity is of such severity that it justifies a price reduction or the immediate right to terminate the Contract, implying a refund of the price paid for the Good;
-
Avanti Clo has stated that it will not bring the Good into conformity within a reasonable time or without significant inconvenience to the consumer, or this is evident from the circumstances of the case.
The consumer does not have the right to terminate the Contract, implying a refund of the price paid for the Good, if the non-conformity is minor. The burden of proof regarding the minor nature of the non-conformity lies with Avanti Clo.
The consumer may opt for a specific corrective measure if the non-conformity of the Good is identified shortly after delivery, not exceeding 30 calendar days.
Repair or Replacement of the Good
Repairs or replacements are carried out under the following conditions:
-
free of charge;
-
within a reasonable period not exceeding 15 calendar days from the moment Avanti Clo was informed by the consumer of the non-conformity, a period agreed upon in writing between Avanti Clo and the consumer, taking into account the nature and complexity of the Good, the nature and severity of the non-conformity, and the effort required to complete the repair or replacement;
-
without significant inconvenience to the consumer, considering the nature of the Good and the purpose for which the consumer requested the Good in question.
If the non-conformity is to be remedied by repairing or replacing the Goods, the consumer makes the Good available to Avanti Clo.
Avanti Clo collects the replaced Good at its own expense.
If the non-conformity is remedied by replacement, for the Good replacing the non-conforming Good, the two-year period mentioned above begins from the date of replacement.
Termination of the Contract Implying a Refund of the Price
The consumer exercises their right to terminate the Contract by a statement to Avanti Clo expressing their decision to terminate the Contract.
If the non-conformity relates only to some of the delivered Goods and there is a reason to terminate the Contract based on the provisions above under the section titled “Corrective Measures in Case of Non-Conformity,” the consumer may terminate the Contract with respect to those Goods and any other Goods acquired together with the non-conforming Goods, if it cannot reasonably be expected of the consumer to agree to keep only the conforming Goods.
If the consumer terminates the Contract in its entirety or, in accordance with the paragraph above, with respect to some of the Goods delivered under the Contract:
-
the consumer returns the Goods to the Seller at the latter’s expense;
-
the Seller refunds the consumer the price paid for the Goods to a bank account specified by the consumer for this purpose within 15 calendar days of receiving the Goods or proof provided by the consumer that the Goods have been returned.
Damage to the Goods, such as scratches, stains, or tears that were not brought to Avanti Clo’s attention at the time of receipt of the Good by the consumer for warranty purposes, is not covered by the warranty. Unauthorized interventions on the Good, failure to follow maintenance and cleaning instructions, and use in conditions other than those for which it was designed result in the cancellation of the warranty.
In the specific case of footwear, discomfort, injuries, or foot deformities and damage to the footwear resulting from wearing footwear of an inappropriate size or shape for the foot, as well as improper use or maintenance, are solely the consumer’s responsibility and void the warranty. Excessive, abnormal use, improper or lack of care, negligence, or misuse leads to the loss of the warranty.
Excessive wear of heels due to abrasion and damage to the uppers or soles resulting from impact or friction with other materials, surfaces, or exposure to sunlight or high temperatures are not covered by the warranty. Washing footwear with water or in a washing machine, cleaning with laundry detergents or bleaching products, is at the consumer’s own risk and results in the loss of the warranty.
The Seller cannot be held liable for defects resulting from contact with pavement, rough terrain, or defects resulting from snagging or stepping on sharp objects, metals, stones, glass, etc. Damage resulting from contact with water, snow, solvents, fuels, sand, tar, soft asphalt, or other corrosive materials is not covered by the warranty. An exception applies to footwear equipped with TEX membranes or made of rubber.
Coloring of skin or textiles that have come into direct contact with colored footwear is due to excess dye and does not constitute grounds for a complaint. For this reason, we recommend using impregnation products and dark-colored socks. Footwear may be partially or fully handmade and, as a result, may exhibit minor differences or irregularities. These do not constitute manufacturing defects and are an indication of authenticity. Overloading bags, backpacks, and waist bags beyond the maximum permitted weight leads to their damage and, consequently, the loss of the warranty.
Caution! Do not cut the inner label of the Goods! The absence of the inner label automatically results in the loss of the warranty.
10.3 Usage and Maintenance Instructions for Clothing Items (Made of Materials Other Than Leather)
The Good should be washed or cleaned according to the instructions indicated on its label. Only detergents that comply with EU quality standards regarding the safety of using such products should be used for washing the Good. Do not use industrial cleaning products for washing or cleaning the Goods, as they may irreversibly damage the material’s quality.
Please follow the temperature recommendations on the label. Do not dry the Good by exposing it to heat sources (electric radiators, stoves, etc.). Drying should always be done at room temperature.
Protect the Good from objects that may cause scratches, burns, perforations, or any physical actions likely to damage it. If you use specialized cleaning and/or laundry services for the maintenance of the Good, the Seller cannot be held liable in any way for defects that may arise from the cleaning and/or washing process.
Symbols with Maintenance Instructions for Clothing Items
10.4 Usage and Maintenance Instructions for Accessories and Leather Clothing Items
Leather clothing can be cleaned with a soft, damp cloth without using detergents, bleaches, or any other chemical substances. Do not wash these Goods in a washing machine.
If the Good gets wet, wipe it with a soft cloth and let it dry at room temperature, without direct contact with heat sources (electric radiators, dryers, etc.). Protect the leather Good from objects that may cause scratches, burns, perforations, or any physical actions that could damage it.
10.5 Usage and Maintenance Instructions for Footwear
Footwear should be changed daily to maintain foot hygiene, prevent deformation, and extend its lifespan. After each use, the footwear should be cleaned and placed on appropriately sized and shaped shoe trees/lasts. Footwear must be cleaned and dried before applying any shoe polish, creams, stain removers, footwear treatments, etc. When using these maintenance products, carefully read the manufacturer’s instructions.
-
Footwear with smooth or pressed leather uppers should be dusted with a soft cloth or brush, and grease stains or other impurities should be removed with a cloth and solutions specifically designed for maintaining this type of leather;
-
Footwear with suede, nubuck, or velour leather uppers should be brushed with a special brush suitable for each type of leather; do not use water as it may stain the material; grease or oil stains should be removed using a stain remover solution specifically for suede, nubuck, or velour leather, following the manufacturer’s instructions;
-
Footwear with yak, metallic, or patent leather uppers should be dusted with a soft cloth; it must be protected from direct contact with organic solvents (alcohol, acetone, etc.);
-
Footwear with textile uppers is recommended for dry weather; after each use, it should be dusted with a dry clothes brush; do not use bleach; do not wash in a washing machine; stains can be removed using a stain remover solution specifically for textiles, following the manufacturer’s usage instructions; however, stains often cannot be removed, so avoid staining with liquids or substances that generally stain textiles: red wine, wax, oil, vinegar, paint, etc.;
-
Footwear with synthetic uppers should be cleaned after each use with a damp cloth; shoe polish should not be used for shining.
Footwear should be dried slowly, naturally, at room temperature, away from direct heat sources (fan, radiator, fire, hairdryer, etc.), which can irreversibly deform the uppers of the Goods.
For all the above footwear categories, washing with water or prolonged contact with it is prohibited. The use of bleaches or other stain removers, other than those specifically designed for this purpose, is prohibited.
Caution! Heavy wetting of the uppers with water or other liquids will lead to the detachment of the footwear, damage to the uppers, and consequently the loss of the warranty. Footwear with textile or unfinished leather uppers (velour, nubuck, etc.) featuring decorative stitching or perforations, as well as footwear with leather or stitched soles, is recommended for dry weather only, as there is a risk of water penetrating inside.
Footwear should not be stored near a heat source or in a humid environment and should be protected from the action of petroleum products and organic solvents.
Avoid contact of the footwear with organic solvents (gasoline, alcohol, acetone, etc.).
Avanti Clo cannot be held liable for incidents resulting from failure to follow the instructions mentioned above or for discomfort caused by wearing footwear of an inappropriate size or unsuitable model/last.
Any defect caused by driving a vehicle is not considered a manufacturing defect. The conformity warranty applies to uppers, soles, and linings. Heel tips and laces are excluded from the warranty.
Symbols with Instructions for Footwear
10.6 Usage and Maintenance Instructions for Bags, Backpacks, and Waist Bags
Unless otherwise specified by the labels/accompanying documents of the Goods, the maximum permitted weight for waist bags is 300 g, and for bags and backpacks, it is 1.5 kg.
Protect the Good from objects that may cause scratches, burns, perforations, or any physical actions that could damage it. The conformity warranty applies to the uppers and linings of bags, backpacks, and waist bags.
10.7 Goods with a Warranty Certificate Issued by the Manufacturer
For some Goods, there are warranty certificates issued by the manufacturer, which will be sent to the User along with the Good and apply in addition to the legal conformity warranty detailed under points 10.1 – 10.6 above.
10.8 Resealed Goods
In the case of resealed Goods, the warranty certificate is issued by Avanti Clo, and the warranty may cover a different period than the warranty period for the same new, sealed Good. The warranty period is specified in the warranty certificate for each resealed Good individually. The conditions of use, handling, and transport of a resealed Good are the same as those for sealed products and benefit from the same services unless otherwise specified on the Good’s page.
TRANSFER OF OWNERSHIP OF THE GOODS
11.1 Ownership of the Goods will be transferred upon delivery, after payment is made by the User, at the location indicated in the Order (delivery being understood as the signing of receipt of the transport document provided by the courier).
LIABILITY
12.1 The Seller cannot be held liable for damages of any kind that the User or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order or for damages resulting from the use of the Goods after delivery, particularly for their loss.
12.2 By creating and using the Account, the User assumes responsibility for maintaining the confidentiality of the Account data (username, email, and password) and for managing access to the Account, and, to the extent permitted by applicable legislation, is responsible for the activity conducted through their Account.
12.3 By creating the Account and/or using it, including but not limited to accessing, visiting, and viewing the Content and/or placing Orders, the Customer expressly and unequivocally accepts the Terms and Conditions of the Website contained in this Document, in the latest updated version communicated on the Website, existing at the time of creating the Account and/or using the Content and/or placing the Order.
12.4 The Seller reserves the right to periodically update and amend the Terms and Conditions of the Website contained in this Document 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 from the moment it is displayed on the Website. In the event of any such amendment, Avanti Clo will display the amended version of the Document on the Website, which is why we ask you to periodically check the content of this Document.
12.5 Avanti Clo is not liable for the content, quality, or nature of other websites accessed through links from the Content, regardless of the nature of these links. Responsibility for those websites lies entirely with their owners.
12.6 Within the limits of the provisions of this Document, the Seller cannot be held liable for any errors appearing on the Website for any reason, including due to changes, settings, etc., that are not made by the Website administrator.
PERSONAL DATA PROCESSING
13.1 Please review the Privacy Policy regarding the processing of personal data, which forms part of this Document.
USE OF COOKIES
14.1 Please review the Cookie Policy regarding the use of cookies, which forms part of this Document.
FORCE MAJEURE
15.1 Except where expressly provided otherwise, neither party will be liable for the non-performance of its contractual obligations if such non-performance, in whole or in part, on time and/or properly, is due to a force majeure event. Force majeure is an unpredictable event beyond the control of the parties that cannot be avoided.
15.2 The party invoking force majeure is obliged to notify the other party of the event within 3 calendar days of its occurrence and to take all measures available to limit the consequences of that event.
15.3 By way of example and not exhaustively, Avanti Clo is not liable for delayed shipments, loss, destruction, damage, non-delivery, or incorrect delivery of a shipment or part thereof if caused by the following situations/circumstances beyond the Seller’s control:
-
road blockages (falling trees, rocks, chain collisions), landslides near the road;
-
bridge collapses, mountain tunnel blockages, train derailments near the road, natural blockages, unauthorized strikes, spontaneous regional riots, unfavorable weather conditions for the proper execution of the proposed itinerary;
-
natural causes: earthquakes, cataclysms, devastating storms, tornadoes, natural fires, floods, river/stream overflows, abandonment of riverbeds, etc.;
-
human causes: state of war, state of siege, forced nationalization (transfer to state ownership), revolutions, popular uprisings, etc.
15.4 If the respective event does not cease within 15 days of its occurrence, each party will have the right to notify the other party of the automatic termination of the contract without either party being able to claim damages from the other.
FRAUD
16.1 Avanti Clo does not request its Users, through any means of communication (email/phone/SMS, etc.), to provide confidential information, bank account/card details, or personal passwords, except for the information necessary for the delivery of the ordered Products and the bank account in case of a return.
16.2 The User assumes full responsibility for disclosing their confidential data to a third party.
16.3 Avanti Clo disclaims any liability in the event that a User is/would be harmed in any way by a third party claiming to be/represent the interests of Avanti Clo. The User will inform Avanti Clo of such attempts using the contact details.
16.4 Avanti Clo does not promote SPAM. Any User who has explicitly provided their email address on the Website may opt to deactivate the Account associated with that email address.
16.5 Communications made by Avanti Clo through remote electronic communication means (e.g., email) contain the complete and accurate identification details of the sender or links to them at the time of sending the content.
16.6 The following purposes will be considered attempts to defraud the Website/Content. Avanti Clo reserves the right to file a criminal complaint against the person(s) who attempted to or achieved these purpose(s):
16.6.1 accessing any type of data of another User by using an Account or any other method;
16.6.2 altering or modifying the Content of the Website or any correspondence sent by any means by Avanti Clo to the User;
16.6.3 affecting the performance of the server(s) running the Website;
16.6.4 accessing or disclosing to any third party without the necessary legal authority the content sent by any means by Avanti Clo to the User when they are not the legitimate recipient of the content.
APPLICABLE LAW. DISPUTES
17.1 This contract is subject to Romanian law. Any disputes arising between the Seller and Users will be resolved amicably or, if this is not possible, the disputes will be settled by the competent Romanian courts at the Seller’s registered office in Bucharest.
COMPLAINTS. OUT-OF-COURT COMPLAINT RESOLUTION. ACCESS RULES TO SUCH PROCEDURES (ADR)
18.1 For complaints or grievances related to the purchased Good, the Content, the Website, or this Document, Users may contact Avanti Clo at the email address office@avanticlo.eu . The maximum resolution period for complaints or grievances is 30 calendar days from their receipt.
18.2 Resorting to out-of-court methods for resolving complaints through entities authorized to provide alternative dispute resolution, as well as compensation procedures, is voluntary.
18.3 The legal framework applicable to alternative dispute resolution between consumers and traders is established by Ordinance 38/2015 on the alternative resolution of disputes between consumers and traders, as well as by the regulations applicable to relevant entities with competence in resolving disputes between consumers and professionals. Detailed information regarding the possibility for the User, as a consumer, to use out-of-court methods for resolving complaints and pursuing compensation, as well as the rules for accessing these procedures, is available at the offices and websites of the National Consumer Protection Authority:
https://anpc.ro/articol/935/ce-inseamna-sal.
18.4 The User, as a consumer, has the following options for accessing out-of-court methods for resolving complaints and pursuing compensation:
-
The User has the right to file a complaint with the County Consumer Protection Commissariat after attempting to resolve the issue amicably directly with the operator;
-
The User has the right to resort to alternative out-of-court dispute resolution procedures undertaken by the National Consumer Protection Authority through the SAL Directorate if the standard complaint resolution process provided to Users by CCC is insufficient to resolve the reported issues;
-
The provisions of this article do not limit the right of individuals to address competent courts;
-
The User may file a complaint through the ODR online platform:
http://ec.europa.eu/consumers/odr/. The ODR platform also serves as a source of information regarding forms of out-of-court dispute resolution that may arise between entrepreneurs and consumers.
FINAL PROVISIONS
19.1 Avanti Clo reserves the right to make any changes to this Document, as well as any changes to the Website/its structure, and any changes to the Website’s content, without prior notification to the User. Any amendment to the Document will be updated and available in a format accessible on the Website, and the User’s acceptance will be required as a condition for completing the Order. Using the Website’s services after the changes are posted on the Website implies unconditional acceptance of those changes.
19.2 Avanti Clo reserves the right to introduce advertising banners of any kind and/or links on any page of the Website, in compliance with applicable legislation.
19.3 Any comments, questions, ideas, suggestions, or other communications or information about or related to the Website, its functionality, or improvement will remain the property of Avanti Clo.