General conditions of sale

1. Placing an order

Add the products to your bag, open the checkout, enter your contact, delivery and invoice details, choose how to pay and check the summary, which shows the seller, the products, the total price with taxes, the delivery cost and the conditions of withdrawal. You can correct any detail until you press the button “Order with an obligation to pay”. Pressing it sends us your order and means that you undertake to pay for it.

By sending the order you make us an offer to buy. The automatic message that follows only confirms that we have received it. The contract is concluded when we send you our acceptance of the order by email; the acceptance names the products, the price, the delivery and the version of these conditions that applies. If a product is not available or there is a material error, we tell you promptly: we do not replace the product or charge a different price without your agreement, and we refund any amount already paid within 14 days at most.

The confirmation of the contract, these conditions and the model withdrawal form are sent to you by email, in a form that you can keep or print. The contract can be concluded in Romanian, English, Hungarian or Bulgarian. Where the language versions differ, the Romanian version applies. We keep the order and the version of the conditions you accepted.

2. Prices

Prices are shown in lei (RON), forints (HUF) or euros (EUR), depending on the country of delivery, and include VAT at the rate in force in Romania (21%). For each product we also show the price per kilogram or per 100 ml. The delivery cost and any cash-on-delivery fee are shown in the checkout before you order, and the total you see there is the amount you pay.

When we announce a price reduction, the previous price we show is the lowest price we charged for that product in the 30 days before the reduction. Savings for sets you compose yourself and for subscriptions are calculated from the current prices and shown in your bag.

3. Orders for a company and VAT

In any order you may add a company name and a VAT or tax identification number, and we will issue the invoice to that company. If the company has a valid VAT number from another Member State of the European Union, confirmed in the European Commission’s VIES system, and the goods are delivered outside Romania, the supply is an intra-Community supply: Romanian VAT is not charged and the invoice states that the reverse charge applies. In all other cases VAT is charged. Invoices are issued electronically and sent to the email address in the order.

4. Payment

You can pay with Apple Pay or Google Pay, online by card through PayU, by card through Stripe, with PayPal, or, for deliveries in Romania, by cash on delivery (ramburs). Card payments are processed on the secure pages of the payment providers; we never see or store your full card details. The amount is charged when you place the order.

With cash on delivery you pay the courier when you receive the parcel, in cash or, where the courier has a terminal, by card. To keep orders genuine, we ask you to confirm your email address with a code before a cash-on-delivery order is placed. Cash on delivery is not available for subscriptions or for orders invoiced without Romanian VAT.

5. Delivery

We deliver by courier to addresses in Romania, Hungary and Bulgaria. Parcels leave from Romania. The delivery options, their cost and the estimated delivery time for your address are shown in the checkout before you order. If no other date is agreed, we deliver without undue delay and no later than 30 days from the conclusion of the contract. If we are late, we tell you; you may give us an additional period appropriate to the circumstances and, if we do not deliver within it, end the contract. In that case we refund all the amounts paid without undue delay and within 7 days at most of the day you told us of your decision, as Article 18(4) of Government Emergency Ordinance no. 34/2014 provides.

The risk of loss or damage passes to you when you, or a person you have named other than the courier, take physical possession of the parcel. Please check the parcel on delivery and tell us as soon as you can about missing, damaged or wrong products, with your order number and, if possible, photographs. Photographs help us, but their absence does not cancel your rights; signing for the parcel or collecting it from a locker is not a waiver of complaints about problems discovered later, and we do not make the legal guarantee depend on a report within 24 or 48 hours.

6. Your right of withdrawal

If you are a consumer, you may withdraw from the contract within 14 calendar days without giving any reason, subject to the exceptions in section 7. The period ends 14 days after the day on which you, or a person you have named other than the courier, take physical possession of the goods; for an order delivered in several parcels, after you receive the last one. You may also withdraw before the parcel arrives. If we had not informed you of this right as the law requires, the period would be extended as the law provides, by up to 12 months.

To withdraw, send us a clear statement before the period ends: through the online function “Withdraw from the contract here”, which is linked from every page of the site and also works for orders placed without an account, by email to [email protected], or by post to the address in section 8. You may use the model withdrawal form, but you do not have to. You do not need our approval; it is enough to send the statement before the period ends. We confirm receipt of an online withdrawal without undue delay by email, with its content, date and time.

Send the goods back without undue delay and no later than 14 days after telling us that you withdraw, to: Magic SPA – Retururi, Ferma Țuțora, hala C25, sat Țuțora, comuna Țuțora, 707560, județul Iași, România. The deadline is met if you send the goods before the 14 days end. You bear the direct cost of returning the goods. Pack them so that they are protected in transit and add your order number; you do not have to keep the courier’s original outer box.

We refund all payments received from you, including the cost of our standard delivery, without undue delay and no later than 14 days after the day on which you told us of your decision; if you return only part of an order, we refund the amounts that relate to that part. We may withhold the refund until we have received the goods or you have shown that you sent them, whichever comes first. We use the same means of payment that you used, unless you have expressly agreed otherwise; for cash on delivery we refund by bank transfer to the account you give us. The refund costs you nothing, and we do not impose a voucher instead of money.

You are liable only for any loss in value caused by handling the goods beyond what is needed to establish their nature, characteristics and functioning. Any such reduction is justified case by case: we do not apply a fixed percentage or a restocking fee.

7. Exceptions to the right of withdrawal

Under Article 16 of Government Emergency Ordinance no. 34/2014, the right of withdrawal does not apply to goods delivered sealed which are not suitable for return for health protection or hygiene reasons and which you have unsealed after delivery. All of these conditions must be met: we do not treat cosmetic products as a whole as excluded. Where a product is delivered with a hygiene seal, its page says so before you buy, and once you break that seal the product can no longer be returned under the right of withdrawal. Opening the courier’s outer packaging is not breaking the hygiene seal. Unopened products can always be returned.

The right of withdrawal also does not apply to goods made to your specifications or clearly personalised. Choosing a standard scent or size does not make a product personalised.

These exceptions do not affect your rights if a product arrives already unsealed, damaged, faulty or is not the one you ordered.

8. Model withdrawal form

Complete and send this form only if you wish to withdraw from the contract.

To: S.C. Paintpoint S.R.L., Str. Gheorghe Doja nr. 80, et. 2, Târgu Mureș, județul Mureș, România, email [email protected].

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods: …

Ordered on / received on: …

Name of consumer(s): …

Address of consumer(s): …

Signature of consumer(s) (only if this form is sent on paper): …

Date: …

9. Legal guarantee of conformity

The right of withdrawal is separate from your rights when goods are not in conformity. Consumers benefit from the legal guarantee of conformity under Government Emergency Ordinance no. 140/2021: we are liable for any lack of conformity that exists when the goods are delivered and becomes apparent within two years of delivery. A lack of conformity that becomes apparent within one year of delivery is presumed to have existed at delivery, unless this is incompatible with the nature of the goods or of the lack of conformity, or the contrary is proved.

If a product is not in conformity, you may ask for it to be brought into conformity free of charge, by replacement where repair is not possible, as is usually the case for consumable cosmetic products. This is done without significant inconvenience to you and within a reasonable time of at most 15 calendar days from the day you informed us; where a lack of conformity appears shortly after delivery, within 30 calendar days at most, you are entitled to a replacement as the law provides. You may ask for a proportionate price reduction or end the contract in the cases the law provides, for example when the remedy is not carried out properly or the problem persists; the contract cannot be ended for a minor lack of conformity. When the contract is ended, the goods are returned at our expense and the price is refunded by the same means of payment, without any fee.

Our products are consumable cosmetic products. The legal guarantee does not mean that a product that has been used up, has passed the date on its label or has been stored incorrectly must remain usable for two years: each case is assessed according to the nature of the product, the information given at sale and the cause of the problem. We do not use the shelf life to exclude defects that existed at delivery. The date of minimum durability or the period after opening, and the storage conditions, are those shown on the label. We do not offer a commercial guarantee in addition to the legal one. The European Union’s harmonised notice on the legal guarantee is shown on the page “Legal guarantee of conformity”.

10. Complaints about products and product safety

If a product arrives damaged, is faulty or is not the one you ordered, write to [email protected] with your order number, the product and a description of the problem; the batch number and photographs help where you have them. We do not ask for excessive information and we do not delay legal remedies with an internal approval procedure. We replace the product or refund it, and we bear the costs involved. These cases are handled separately from the right of withdrawal, and we do not make the assessment of a faulty product depend on its seal being intact.

If you suspect that a product is unsafe or causes an unwanted reaction, stop using it and contact us. We look into every report and, where necessary, pass it to the person responsible for the safety of the product or to the competent authorities.

11. Subscriptions

A subscription sends you the chosen product at the frequency you select in the checkout: every four, six or eight weeks, with the saving shown on the product page. Each delivery is a separate order, charged to your card when it is prepared, and you may withdraw from it under section 6. You can pause, skip or cancel a subscription in your account at any time before the next delivery is prepared; we tell you that date by email.

12. Gift wrapping and messages

Where gift wrapping is offered in the checkout, its price is shown there. A gift message is printed exactly as you write it. The parcel contains no document showing prices when you mark the order as a gift.

13. Complaints and alternative dispute resolution

Write to [email protected] or call +40 33 66 30003. We answer as soon as we can and within 30 days at the latest. If you are not satisfied, you may contact the National Authority for Consumer Protection (ANPC), anpc.ro, or use alternative dispute resolution (SAL), reclamatiisal.anpc.ro.

14. Applicable law and courts

These conditions are governed by Romanian law, in particular Government Emergency Ordinance no. 34/2014 on consumer rights in distance contracts, Government Emergency Ordinance no. 140/2021 on the sale of goods, and Law no. 365/2002 on electronic commerce. Consumers living in another Member State of the European Union keep the protection of the mandatory rules of their country. You may bring proceedings before the courts that the law makes competent, including those of your place of residence; we do not impose the courts of our registered office, and access to the authorities or to the courts does not depend on having used our complaints procedure first.

Changes to these conditions apply to future orders. An order already placed keeps the version you accepted. An invalid clause does not cancel your legal rights and is not replaced unilaterally by a stricter obligation for the consumer.