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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE „TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE.
The Terms of Use govern the access to, and use of, the Website and the services available through the Website (“Services”).
Use of the Website and of the Services implies the full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Clause 14 (below), and acknowledgement of their relevant mandatory nature. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and indicate your acceptance during the registration, or subscription, process. If you (“User”) do not agree to be bound by these Terms of Use and to follow all applicable laws, you should not proceed with registering or using the Services.
GHERLAN MIHAELA reserves the right, at its sole discretion, to modify these Terms of Use from time to time. We will post the revised Terms of Use on this Website and update the „Last Updated” date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website and the Services after such modifications constitutes your full acceptance of the revised Terms of Use. If you do not agree with the revised Terms of Use, please stop using the Website and Services.
The Website and its contents are designed, operated and administered by GHERLAN SRL, an Romanian incorporated sole ownership, with headquarters in Zefirului 10, floor 1 apartment 2, registered at the Trade Register with no. J40/19291/2021 fiscal code: RO45182913, (hereinafter „GHERLAN MIHAELA”, “we”, “us”, “our”).
2.1 The Services are generally not intended for persons under the age of eighteen (18) years (or the age of majority of the individual’s relevant country). If you are under this age, please do not register for, or subscribe to, the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your country (or fraudulently misrepresented your age during the registration process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you with the Services.
3.1 You may register for, or subscribe to, our Services as available from time to time on the Website.
3.2 When registering for, or subscribing to our Services you must provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and that we will not in error contact third parties.
3.3 If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account attributable to you or by default in protection of your password.
3.4 Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, GHERLAN MIHAELA will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.
4.1 Your registration for, or subscription to, one or more Services will be effective at successful completion of the registration or subscription process.
4.2 These Terms of Use, and any posted revision of these Terms of Use, shall remain in full force and effect for the entire duration of your use of the Website or of the Services.
4.3 You may terminate your registration for, or subscription to, the Website at any time upon your sole discretion, also without a reason, by sending an e-mail to contact@gherlanmihaela.com or calling the number +40 743 050 512. We will confirm to you the cancellation of your registration or subscription.
4.4 GHERLAN MIHAELA may immediately terminate your registration or subscription, or suspend it, at any time and at its sole discretion, in the event of any material breach by you of these Terms of Use, without prejudice to any other remedies provided by the applicable law. GHERLAN MIHAELA will notify you about the termination or suspension, as applicable, by e-mail or ordinary mail and your registration or subscription details will be deactivated.
5.1 Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone).
5.2 You agree that we may contact you for Services-related issues by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
6.1 The terms „Website” and „material” refer, respectively, by way of example, to the software design, implementation and use of the Website, the layout, structure and organization of the contents of the Website, and to any material reproduced therein and / or made available to the public, including in particular the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks, distinctive elements so-called trade dress or any other material reproduced and / or made available through this Website („Material”).
6.2 All materials on this Website, in whole and in part, including by way of example trademarks, domain names, designs and models, patents and copyright, are protected and in the sole ownership of GHERLAN MIHAELA. All rights are reserved, worldwide.
6.3 All trademarks, trade names, logos and other distinctive designs and signs which are reproduced on the Website, whether registered or not, are trademarks or service marks of GHERLAN SRL. All domain names used on the Website and / or connected to it are owned – or used with permission – by GHERLAN MIHAELA.
6.4 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for information and/ or promotional purposes only.
6.5 It is not permitted to reproduce (except where the reproduction is made for personal non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to, or otherwise modify, create and / or use derivative works from, or on any case works inspired to, sell or participate in any sale of, this Website, any of the material in this Website or related software, in whole and / or in part, in any form and / or manner, and for any purpose.
6.6 GHERLAN MIHAELA is fully committed to maintain, enforce and protect its intellectual property rights throughout the world and to strongly fight against any infringement in order to ensure that its unique heritage be strongly preserved and fully respected. Any use which is not expressly permitted by these Terms of Use is prohibited. The lack of any remedy by GHERLAN MIHAELA whether in Court or out of Court does not mean acquiescence or tolerance of any violations of these Terms of Use of the Website and / or breach of intellectual property rights of which GHERLAN MIHAELA has the ownership and / or availability.
7.1 You acknowledge and agree that any proposals, projects, ideas, concepts, photographs, contributions or any other content and material (with the exception of personal information) disclosed or sent to GHERLAN MIHAELA through this Website or by other means (the „Submitted Material”) is not considered confidential. By submitting the Submitted Material you grant to GHERLAN MIHAELA a royalty free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use, in whole or in part, the Submitted Material, for the entire term of protection thereof, for advertising, promotional or product development purposes.
7.2 GHERLAN MIHAELA is not required or will not be required in the future to:
(i) keep any Submitted Material confidential;
(ii) pay compensation for any use of the Submitted Material or in connection to it;
(iii) respond to the submission of Submitted Material and / or confirm the relevant receipt.
7.3 You declare and warrant that the Submitted Material does not violate any rights of third parties arising from the law and / or contract, including, by way of example, the rights related to the author, trademarks, patents, trade secrets, confidentiality and any other proprietary or personal rights.
7.4 By submitting the Submitted Materials, you acknowledge the right, but not the obligation, of GHERLAN MIHAELA to copy, reproduce, publish, disclose, distribute or otherwise use such Submitted Material, or any part thereof, for any purpose, including, by way of example, advertising, promotional, products development or other commercial purposes, without in any case granting you or any third party the right to any compensation. You are and will be fully responsible for the content of any Submitted Material.
7.5 GHERLAN MIHAELA retains the right to reject or delete any Submitted Material for any or no reasons, including Submitted Material that in our judgment violates these Terms of Use or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity.
8.1 This Website may contain links to other websites. GHERLAN MIHAELA has no control over such websites and will not be responsible or liable for any accessibility of third party websites or for their content.
8.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by GHERLAN MIHAELA of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators.
8.3 You are not permitted to frame this Website on any other website or to link to any part or section of the Website and / or to the Material, in whole or in part, without prior written consent of GHERLAN MIHAELA.
9.1 The products branded „GHERLAN MIHAELA” promoted through the Website are made with the finest materials, and they are all MADE IN ROMANIA.
10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS CONTENTS AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN „AS IS” AND „AS AVAILABLE” BASIS. GHERLAN MIHAELA PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABILE FOR ANY PARTICULAR PURPOSES, AND EXPRESSLY DECLINES ANY SUCH WARRANTIES.
10.2 GHERLAN MIHAELA WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER GHERLAN MIHAELA CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND GHERLAN MIHAELA MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. GHERLAN MIHAELA RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.
11.1 SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
11.2 AS THE SERVICE IS PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.
11.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
11.4 IT IS UNDERSTOOD THAT NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR WILFUL INTENT AND/OR; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
12.1 If permitted under applicable law, you agree to indemnify and hold us, and each of our subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website and the Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth herein and/or if any Submitted Material that you transmitted through the Services causes our liability to a third party.
13.1 These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with Italian laws (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence. All disputes arising out of or relating to these Terms of Use or any non-contractual obligations arising out of or relating to the Terms of Use shall be submitted to the exclusive jurisdiction of Italian courts or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.
14.1 Before uploading or providing any personal data to this Website, please read carefully the Privacy Policy, which is available by clicking here; unless an opt-in is required under the applicable data protection law(s), by uploading or providing any personal data to the Website you agree to be bound by our Privacy Policy.
