TERMS AND CONDITIONS – PEDICOOL

These Terms and Conditions govern the use of the Pedicool online store and the contractual relationship between the trader and customers who place orders through it.

By placing an order, the customer confirms that they had the opportunity, before the contract was concluded, to review the relevant information regarding the products, prices, payment, delivery, returns and these Terms and Conditions.

These Terms and Conditions do not limit any mandatory rights granted to consumers under European Union law or under mandatory provisions applicable in the consumer’s country of residence.

1. TRADER IDENTIFICATION

The Pedicool online store is operated by:

SELLGREAT S.R.L
VAT: RO40699227
Trade Register No.: J2019000596332
Registered office: Pictor Grigorescu 4, Rădăuți, Suceava, Romania
Email: info@pedicool.shop
Customer support hours: Monday – Friday / 08:00 – 17:00

The commercial name used in the relationship with customers is Pedicool.

2. DEFINITIONS

For the purposes of these Terms and Conditions:

• Pedicool / Store / Trader / Seller – SELLGREAT S.R.L, the operator of the Pedicool online store;
• Customer – any person who accesses the website or places an order;
• Consumer – an individual acting for purposes outside their trade, business, craft or profession;
• Product – any goods presented and sold through the Pedicool store;
• Order – the customer’s request to purchase one or more products;
• Contract – the distance contract concluded between Pedicool and the customer;
• Website – the Pedicool online store and its associated pages.

3. SCOPE OF APPLICATION

These Terms and Conditions apply to orders placed through Pedicool online stores, including orders intended for consumers in other Member States of the European Union to which Pedicool directs its commercial activities.

Additional conditions may apply to specific promotions, campaigns, products or services.

If there is a conflict between these Terms and Conditions and a mandatory legal provision applicable to the consumer, the mandatory legal provision shall prevail.

4. PRODUCT INFORMATION

Pedicool makes reasonable efforts to ensure that the information displayed on the website is clear, accurate and up to date.

Product pages may include, where applicable:

• product name;
• photographs and video materials;
• product description;
• main characteristics;
• materials;
• dimensions;
• sizes;
• available colors and variants;
• instructions for use;
• warnings;
• price;
• promotions;
• product availability.

Product photographs are for illustrative purposes.

Minor color differences may exist between the physical product and the images displayed on a device due to lighting, photography, screen settings or manufacturing batch variations.

Such minor differences do not affect the consumer’s rights if the product is in fact non-conforming with the description or characteristics legitimately presented.

5. PRODUCT AVAILABILITY

Products are sold subject to stock availability.

In exceptional situations, a product may become unavailable after the order has been placed, including due to:

• a stock error;
• delayed system synchronization;
• damage to the product before dispatch;
• a technical error;
• other unforeseen operational circumstances.

If a product can no longer be delivered, the customer will be informed within a reasonable time.

If the product has already been paid for and the order cannot be fulfilled, the amount due to the customer will be refunded.

6. PRICES

Prices are displayed in the currency indicated for the relevant market.

The price applicable to an order is the price presented to the customer before the order is completed and confirmed as part of the order.

Before completing the order, the customer will be shown, where applicable:

• the price of the products;
• any applicable discounts;
• applicable taxes;
• delivery costs;
• any other mandatory costs;
• the total value of the order.

The customer will not be charged additional costs that were not properly disclosed before the order was placed.

7. DISCOUNTS AND PROMOTIONS

Pedicool may offer promotions, discounts, bundles or other commercial benefits, including:

• percentage discounts;
• discounts for purchasing multiple products;
• 1+ / 2+ / 3+ offers;
• promotional gifts;
• discount codes;
• free shipping;
• other commercial offers.

The conditions of a promotion are those communicated to the customer before the order is placed.

Where a discount is conditional upon purchasing or retaining a certain quantity, the promotional value may be recalculated in the event of a partial return, in accordance with the promotional terms and applicable law.

For products purchased at a discount, the relevant amount is the amount actually paid by the customer.

8. PLACING AN ORDER

The customer may place an order by completing the form available on the website.

The customer is responsible for providing complete and accurate information, including, where applicable:

• first and last name;
• telephone number;
• email address;
• delivery address;
• city/locality;
• postal code;
• selected products and variants;
• payment method.

The customer must check the information entered before submitting the order.

By pressing the final order button, the customer confirms that placing the order entails an obligation to pay, in accordance with the information displayed before submission.

9. ORDER CONFIRMATION AND CONCLUSION OF THE CONTRACT

Submitting the order form constitutes the customer’s request to purchase the selected products.

An automatic acknowledgment of receipt does not always constitute final acceptance of the order if there are legitimate reasons preventing its processing.

The contract is considered concluded when the order is accepted by Pedicool and the customer receives the corresponding confirmation, or when the order is prepared and accepted for fulfillment according to the store’s technical workflow.

Confirmation may be sent by:

• email;
• SMS;
• telephone;
• order status update;
• other electronic means used by the store.

10. TELEPHONE CONFIRMATION

In particular for cash-on-delivery orders, Pedicool or an authorized partner may contact the customer to:

• confirm the order;
• verify the delivery address;
• verify contact details;
• confirm products, size, color or variant;
• clarify information required for delivery;
• prevent erroneous or fraudulent orders.

The order will not be modified without the customer’s consent.

11. REFUSAL OR CANCELLATION OF AN ORDER

Pedicool may refuse or cancel an order before dispatch where there is an objective and legitimate reason, including:

• the product is no longer available;
• delivery information is incomplete or clearly incorrect;
• payment cannot be processed;
• there are reasonable indications of fraud or abuse;
• there is an obvious technical error concerning the product or price;
• the customer requests cancellation before dispatch;
• there are other objective reasons preventing fulfillment of the order.

If a prepaid order is cancelled and the trader has no legal basis for retaining the payment, the amount paid will be refunded.

12. OBVIOUS PRICING ERRORS

In exceptional cases, technical or material errors may occur in relation to the price, discount or description of a product.

If it is reasonably clear that the displayed price results from a significant technical or material error, Pedicool may suspend processing of the order and inform the customer.

The customer may be given the option to:

• confirm the order at the correct price; or
• cancel the order.

This provision does not allow the arbitrary modification of a valid and correctly confirmed price.

13. PAYMENT METHODS

Available payment methods are displayed on the website and may vary depending on the country.

They may include:

• cash on delivery;
• online card payment;
• other payment methods expressly made available.

The customer will be informed of the available payment methods before completing the order.

14. CASH ON DELIVERY

For cash-on-delivery orders, the customer pays the total amount confirmed in the order.

The methods by which payment may be made to the courier – cash, card or other options – depend on the services offered by the transport operator.

A specific payment method with the courier is not guaranteed unless expressly stated.

15. DELIVERY

Pedicool orders are prepared and dispatched through the logistics partners and transport operators used by the store.

Products may be dispatched from Romania to other Member States of the European Union.

The estimated delivery time is displayed on the website, product page, order form, order confirmation or through other means made available to the customer.

Estimated delivery times may be affected by:

• order volume;
• weekends and public holidays;
• carrier delays;
• weather conditions;
• address-related issues;
• force majeure events;
• other circumstances outside the reasonable control of the trader.

Pedicool will comply with mandatory delivery deadlines under applicable law.

16. DELIVERY COSTS

The delivery cost is communicated to the customer before the order is completed.

Delivery costs may vary depending on:

• destination country;
• order value;
• delivery method;
• applicable promotion;
• transport operator.

If Pedicool offers free shipping under specific conditions, those conditions will be communicated as part of the offer.

17. DELIVERY ADDRESS

The customer is responsible for providing a complete and accurate delivery address.

If delivery cannot be completed due to:

• an incorrect address;
• an incorrect telephone number;
• missing essential information;
• the customer being reasonably unreachable;

Pedicool may request clarification or correction of the information before a new delivery attempt is made, where such an attempt is possible.

18. TRANSFER OF RISK

For orders placed by consumers, the risk of loss of or damage to the product passes to the consumer under the conditions provided by applicable law, in principle when the consumer or a third party designated by them, other than the carrier, takes physical possession of the product.

19. RECEIPT OF THE PARCEL

We recommend that the customer inspect the external condition of the parcel upon delivery.

If the packaging is visibly damaged, torn, opened, wet or shows other obvious signs of damage, we recommend, where possible:

• informing the courier;
• having the damage recorded;
• photographing the parcel;
• photographing the product after opening if it is damaged;
• contacting Pedicool as soon as possible.

Failure to report damage immediately does not automatically result in the loss of statutory rights concerning product conformity.

20. RIGHT OF WITHDRAWAL

Consumers benefit from the right of withdrawal from distance contracts under the conditions provided by applicable law.

For eligible products, the period is generally 14 calendar days.

The complete procedure regarding:

• exercise of the right of withdrawal;
• return deadline;
• return costs;
• excluded products;
• diminution in value;
• refunds;
• exchanges;

is set out in the Pedicool Returns, Withdrawal and Refund Policy.

21. RETURN COSTS

Where the right of withdrawal is exercised for reasons unrelated to a lack of conformity of the product, the direct costs of returning the product to our logistics center in Romania are borne by the customer.

The customer is informed of this obligation before the contract is concluded.

Returns must be sent with shipping prepaid by the sender.

We do not accept returns:

• with shipping payable by the recipient;
• sent cash on delivery;
• containing cash;
• requiring the warehouse to make a payment in order to receive the parcel.

Different rules apply to incorrect, defective or non-conforming products for which the trader is responsible.

22. RETURN ADDRESS

Returned products must be sent to:

Pedicool – Returns
Hypefill East
Principala 707, H4
Sântion, Bihor
417078
Romania

We recommend including the Pedicool order number to allow quick identification of the return.

Personal delivery of returns to the warehouse is not available unless Pedicool expressly confirms otherwise.

23. EXCHANGES

Pedicool does not automatically provide free exchanges for size, color, variant, model or product where the product received corresponds to the order and the requested change is based on the customer’s preference.

In such cases, the customer may:

• return the product in accordance with the Returns Policy, bearing the return shipping cost; and
• place a new order for the desired product.

The new order is subject to the prices, stock availability and delivery conditions applicable at the time it is placed.

24. HYGIENE PRODUCTS AND SEALED PRODUCTS

Certain products may be delivered with a seal, film, protection or hygiene barrier.

Where provided by law, the right of withdrawal does not apply to sealed products that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.

Depending on the nature and packaging of the product, this category may include:

• underwear;
• products that come into direct contact with the intimate area;
• cosmetic products;
• personal care products;
• toe correctors and separators;
• insoles;
• exfoliating socks;
• other similar products.

Merely belonging to one of these categories does not automatically remove the statutory right of withdrawal.

The exception applies only where the conditions required by law are met and the customer has been properly informed before purchase.

25. PRODUCT CONFORMITY

Products sold by Pedicool must comply with the conformity requirements provided by applicable law.

A product may be considered non-conforming, depending on the circumstances, if:

• it differs from the product ordered;
• it has a different size, color or variant;
• it has a defect;
• it does not correspond to the characteristics communicated;
• it cannot be normally used for its intended purpose;
• it does not meet other statutory conformity requirements.

26. RIGHTS IN THE EVENT OF NON-CONFORMITY

Where the trader is responsible for a lack of conformity, the consumer benefits from the remedies provided by applicable law.

These may include, depending on the circumstances:

• repair of the product;
• replacement of the product;
• a proportionate reduction in price;
• termination of the contract and refund of the amounts due.

Repair or replacement, where these are the legally applicable remedies, will be provided without costs that must under the law be borne by the trader, within a reasonable time and without significant inconvenience to the consumer.

The choice and order of remedies are subject to the conditions and limitations provided by applicable law.

27. REFUNDS

Refunds relating to returns, withdrawals or non-conforming products are made in accordance with the Returns Policy and applicable law.

For orders paid upon delivery, refunds are made by bank transfer.

The customer must provide complete and accurate bank details.

The refunded amount is determined according to:

• the amount actually paid;
• the products returned;
• any applicable promotions;
• products retained;
• any lawful and demonstrable diminution in value;
• the rules concerning original delivery costs.

28. USE OF PRODUCTS

Products must be used in accordance with their normal purpose and, where applicable, the instructions, warnings and information provided by the manufacturer or trader.

Pedicool is not responsible for damage caused exclusively by:

• improper use;
• use contrary to instructions;
• modification of the product by the customer;
• use of the product under conditions for which it was not intended.

This provision does not limit Pedicool’s liability in situations where liability cannot be excluded or limited by law.

29. WELLNESS AND HEALTH INFORMATION

Some Pedicool products may be presented with information relating to comfort, personal care, support or general wellbeing.

Unless a product is expressly authorized and marketed as a medical device, products should not be regarded as:

• medical services;
• diagnosis;
• medical treatment;
• a substitute for consultation with a qualified healthcare professional.

This provision does not alter the legal classification of a product that is specifically regulated under applicable law.

30. REVIEWS

Where the store allows reviews to be posted, users must provide content based on their genuine experience and must not deliberately submit false information, threats, unlawful content or content infringing the rights of others.

Pedicool may moderate reviews where there is a legitimate reason to do so.

The store will not present fake reviews as genuine consumer reviews.

31. INTELLECTUAL PROPERTY

Website content, including texts, photographs, video materials, graphics, logos, trade names and other branding elements, may be protected by intellectual property rights.

Use of the website does not transfer any rights in these elements to the customer.

Unauthorized copying, reproduction, distribution or commercial exploitation of protected content is prohibited to the extent permitted by law.

32. WEBSITE AVAILABILITY AND SECURITY

Pedicool makes reasonable efforts to maintain the operation of the website.

Access may be temporarily interrupted due to:

• maintenance;
• updates;
• technical issues;
• hosting issues;
• security issues;
• other circumstances outside the reasonable control of the trader.

Use of the website for fraud, cyberattacks, unauthorized access, malware distribution, unauthorized data collection or other unlawful activities is prohibited.

33. LIMITATION OF LIABILITY

Nothing in these Terms and Conditions excludes or limits Pedicool’s liability where such exclusion or limitation is prohibited by applicable law.

To the extent permitted by law, Pedicool is not responsible for damage caused exclusively by:

• use of products contrary to instructions;
• incorrect information provided by the customer;
• acts of third parties for which Pedicool is not responsible;
• events outside the reasonable control of the trader.

The consumer’s mandatory rights are not affected.

34. FORCE MAJEURE AND EVENTS OUTSIDE REASONABLE CONTROL

To the extent permitted by applicable law, Pedicool shall not be held responsible for delays or failure to perform caused by events outside its reasonable control.

Such events may include:

• natural disasters;
• conflicts;
• general strikes;
• major transport disruptions;
• major infrastructure failures;
• government measures;
• epidemics;
• other comparable extraordinary events.

35. PERSONAL DATA PROTECTION

Personal data is processed in accordance with the Pedicool Privacy Policy and applicable data protection law.

Data may be used for:

• processing orders;
• delivering products;
• communicating with the customer;
• processing payments and refunds;
• handling returns and complaints;
• fraud prevention;
• fulfilling tax, accounting and legal obligations;
• other legitimate purposes communicated to the customer.

36. MARKETING COMMUNICATIONS

Marketing communications by email, SMS or other channels are sent in accordance with applicable law.

Where customer consent is required, marketing communications are sent on the basis of valid consent or another legal basis permitted by law.

The customer may unsubscribe from marketing communications using the methods provided.

Messages necessary for processing, confirming, delivering or resolving an order are not, by themselves, considered marketing communications.

37. COOKIES

The website may use cookies and similar technologies for functionality, security, analytics, preference storage and, where permitted, advertising.

Details are provided in the Pedicool Cookie Policy.

Cookies requiring consent will be used in accordance with the choices expressed by the user.

38. COMPLAINTS AND CONTACT

For questions, complaints or requests, the customer may contact Pedicool:

Email: info@pedicool.shop
Phone: [TO BE COMPLETED]
Customer support hours: Monday – Friday / 08:00 – 17:00

For faster resolution, we recommend providing:

• customer name;
• order number;
• contact details;
• a description of the issue;
• photographs or other relevant evidence, where useful.

39. DISPUTE RESOLUTION

In the event of a problem, we encourage the customer to contact Pedicool first in order to attempt an amicable resolution.

The consumer retains the right to use competent alternative dispute resolution bodies and competent courts in accordance with applicable law.

These Terms and Conditions do not require the consumer to waive any protection mechanism or court to which they are entitled by law.

The former European Online Dispute Resolution (ODR) platform is no longer available.

40. APPLICABLE LAW

To the extent permitted by law, the contractual relationship between Pedicool and the customer is governed by the law of the country in which the trader is established.

However, the choice of applicable law cannot have the effect of depriving the consumer of the protection provided by mandatory provisions of the law that would otherwise apply to them.

In particular, where Pedicool directs its commercial activities to the country in which the consumer has their habitual residence, the mandatory consumer protection rules applicable to that contractual relationship will be respected.

41. ORDERS PLACED BY LEGAL ENTITIES OR PROFESSIONALS

Special rights granted to consumers do not automatically apply to legal entities or persons purchasing products primarily for professional or commercial purposes.

For B2B orders, rights such as the 14-day right of withdrawal may not apply.

Any commercial return for a B2B order may be reviewed separately by Pedicool.

42. COMPLEMENTARY CONTRACTUAL DOCUMENTS

The contractual relationship may also be supplemented by the following documents published on the website:

• Returns, Withdrawal and Refund Policy;
• Privacy Policy;
• Cookie Policy;
• promotion terms;
• information presented on the product page;
• delivery and payment information.

In the event of a conflict with a mandatory legal provision, the mandatory legal provision shall prevail.

43. CHANGES TO THE TERMS AND CONDITIONS

Pedicool may update these Terms and Conditions to reflect:

• changes in legislation;
• operational changes;
• logistics changes;
• new services or functionalities;
• changes in payment methods;
• other relevant changes.

Changes will not be applied retroactively to the detriment of rights acquired by the customer under an already concluded contract, unless otherwise required by law.

For an order, the relevant version of the Terms and Conditions is generally the version made available to the customer at the time the contract was concluded.

44. SEVERABILITY

If any provision of these Terms and Conditions is declared invalid, unenforceable or contrary to a mandatory legal rule, the remaining provisions remain applicable to the extent permitted by law.

The affected provision will be interpreted or replaced, where possible, in a manner compatible with applicable law.

45. FINAL PROVISIONS

By placing an order, the customer confirms that the essential information relating to the contract was made available before completion of the order.

Nothing in these Terms and Conditions is intended to limit or remove any mandatory rights granted to the consumer.

If any provision is less favorable than a mandatory consumer protection provided by law, the mandatory protection shall apply.

For questions regarding orders, delivery, returns, refunds or products, the customer may contact Pedicool at info@pedicool.shop, Monday to Friday, between 08:00 and 17:00.