1. Introduction
Browsing this website, gathering the information and placing an order constitutes the agreement of the customer/user to the Terms and Conditions (this document) displayed on this site.
If any of the clauses below will be found null or invalid for any reason, this will not affect the validity of the other clauses.
Elemental – is the trade name and trademark for ELEMENTAL SRL (Ltd), legal Romanian entity, having its registered office in Oradea, Piața Cazărmii no.15, Bihor County, Romania, Registered Business Number J05/1438/1996, EU VAT number RO8999719.
Mayam – is a registered trademark in Romania and EU, owned by Elemental SRL.
Site – www.mayam.eu domain and its subdomains.
Seller – Elemental, ELEMENTAL SRL
Buyer/Customer – private person or legal business who creates an account on the website and places an order.
Order – the Customer communicates the Seller his/her intention to purchase goods and services from the Site, through the website, by phone or fax.
Account – section on the website (consisting of an e-mail, password, name/labeling, data and addresses for delivery & invoicing, placed orders) allowing the Customer to communicate the orders.
User – any private person or company browsing and collecting information on this Site, or even registering on it by completing the signup, thus he/she has consented to the specific clauses of this Site from the section Terms and Conditions.
2. Contractual Documents
2.1 By placing an order on the Site, or sending an Order by telephone, e-mail or fax, the Buyer agrees with the form of communication- phone, online or via e-mail- through which the Seller runs its business operations.
2.2 The notification received by the Customer after making the Order is only for informational purposes and it does not mean, that the order has been accepted. This notification is made either electronically via e-mail, automatically sent by the website, or by phone.
2.3 The Seller reserves the right to modify the quantity of goods and/or services in the order from legitimate reasons. In this case, the Buyer will be notified at the checkout, by e-mail or by phone available for the Seller, and the remaining amount will be paid back.
2.4 The Invoice constitutes the sales contract as required by law.
2.5 The sales contract is considered to be concluded between the Seller and the Buyer when the order is paid in full and received by the Purchaser.
3. Liability
3.1 Seller can not be responsible for damages of any kind that the Buyer or any third party may suffer after the sale, as a result the Seller meets all his/her obligations stated in the order, or any damages arising from the use of products and services.
3.2 By creating an account and/or using the Site and/or by placing an Order, the User/Buyer agrees expressively and unequivocally to the Terms and Conditions of the latest updated version stated on the Site. Creating an account subsequently and using the Site means to agree to the changes under Terms and Conditions of the Site.
3.3 The Terms and Conditions of the Site can be modified at any time by Elemental, these being opposable to Buyers and Users from the date of posting on the Site. The acceptance of Terms and Conditions of the Site is confirmed by checking the appropriate box at the checkout.
3.4 All the information provided on this website and through written or verbal communications between Buyer and Seller is obtained from sources considered reliable and valid, therefore is correct and complete to the extent of our knowledge, but it is not thorough, its accuracy can not be guaranteed. Elemental does not assume responsibility for errors or incomplete information displayed on this site, but it is constantly working to correct and supplement the presented information. The information used in describing goods and/or services available on the site does not represent a contractual obligation of the Seller, this is used exclusively for presentation.
3.5 In case certain goods or services are priced incorrectly on the website, Elemental reserves the right to modify or cancel any order containing such goods/services. If the order is paid, Elemental will refund the amount to the account of the Purchaser. Elemental reserves the right to correct system errors or prices displayed incorrectly, unintentionally. Due to specific fluctuations on the market, product prices can be changed without any prior notice. While we strive for accuracy in displaying all the information on the site, we sometimes detect mistakes. In these rare cases, we respectfully reserve the right to cancel an order or remove an ambiguous item from it.
3.6 Elemental shall not be liable for errors or technical inaccuracies present on the website, typing mistakes, documentation, illustrations and erroneous images. The information presented on this site is regularly updated, improvements and/or changes can be made at any time.
3.7 Elemental reserves the right at any time to modify the policies, Terms and Conditions, to correct any errors on the site or within the electronic/verbal communications, without any prior notice to the User and Buyer.
4. Disclaimer and product use
4.1 Elemental makes continuously efforts to describe the products as precisely and clearly as possible, but it can not guarantee the absolute accuracy or completeness of the information provided on the Site, blog, social networks, phone calls or e-mail correspondence. It is the Buyer’s responsability to research the proper use and safety information for each product he intends to order, including all the legislations for proper use and eventual sale of purchased or manufactured products.
4.2 Elemental is a wholesale supplier of raw materials, cosmetic ingredients and complementary products used in skin and hair care, aromatherapy, massage, spa products, manufacture of soaps, candles, perfumes and various related products.
4.3 The content of the Site, materials printed or posted on social networks, the telephone conversations or e-mail correspondence does not intend to diagnose, treat, cure or prevent any disease.
4.4 Private or legal persons intending to order goods from Elemental must exercise their independent judgment in determining their appropriateness for a particular use or purpose. The use of products does not involve an explicit or implicit guarantee to obtain the desired effects or results.
4.5 The Buyer should purchase goods from Elemental, having clearly in mind, that they are not intended and therefore should not be used as a substitute to diagnose, treat, cure or prevent any medical condition or disease. Product information and instructions regarding the use of products are available and published for educational purposes only, these do not cover all methods of use, all possible precaution procedures and interactions, incompatibilities or side effects. This information should not be used as a substitute for medical advice and should not be purchased or given to treat medical conditions or diseases.
4.6 The Buyer – authorized business, sole proprietorship/individual business, family association or other legal person/entity – using goods purchased from Elemental to manufacture products in order to sell them, it is solely responsible for the compliance with all laws and regulations applicable to manufacturing and marketing. As in any manufacturing processes, it is recommended the preparation of small batches for evaluation, analysis and testing, before starting to manufacture complete commercial batches.
4.7 The quality of every batch of raw material / cosmetic ingredient is controlled by the analytic laboratory of the manufacturer. This does not exempt customers to run their own bacteriological analysis upon reception of the commodity and before incorporation into a finished product. After reception of the commodity and within a period of 14 days, without any complaints from the customer, our ingredients will be considered as validated and accepted by the Buyer. In this case, no refund or return of products will be accepted.
4.8 By purchase and use of goods sold by Elemental, the Buyer must ensure that has the necessary knowledge about the safe storage and proper use of them. The Buyer agrees to carefully inspect all goods received and report any problems in the shortest time. The Buyer agrees that the Seller will not be responsible for any problems arising from the storage and use of supplies. The Buyer assumes responsibility for the products he/she manufactures and/or sells, using the Seller’s goods and services.
4.9 Product information and directions for use are provided and published for educational purposes only, and do not cover all directions for use, all precautions, all possible interactions, incompatibilities or possible side effects. The information is obtained from sources believed to be valid and reliable, is accurate and complete to the best of our knowledge but is not exhaustive and its accuracy cannot be guaranteed. Elemental does not assume responsibility for incomplete information or possible errors occurring on the site, but is constantly working to correct and complete the information provided. Products and information are not intended and should not be used as a substitute for diagnosing, treating, curing or preventing any medical condition or disease. For any therapeutic use, consult a physician.
7. Shipping
7.1 Shipping fees are depending on the value and weight of the order and country. The rates are automatically calculated and displayed on the Site during the completion of the order. For orders weighing over 20 kg and bulky, we reserve the right to apply / supplement the shipping fee.
7.2 Delivery is carried out by international post or courier services. Deliveries are usually made from Monday till Friday during business hours 8.00 – 16.00 EET.
7.3 If the Buyer is not found at the address specified in the Order, the courier agent will call the Buyer on telephone or will return once again to the given address. If the order could not be delivered to the Buyer, the parcel will be returned to the Seller within a few days.
7.4 For heavier or bigger orders, Elemental reserves the right to send them through cargo transportation. Elemental reserves the right to apply or modify the shipping fee, in this case the Buyer will be contacted for approval before processing the order. Alternative shipping methods are not available on request.
7.5 Shipping agents do not provide seasonal temperature control in their vehicles of transport. This will not affect the integrity of the product. It is indicated that during the period when outdoor temperatures are extreme, certain products should be stored at room temperature for 24 hours, and optionally mixed, to regain its consistency.
7.6 Elemental reserves the right to delay the shipping or even cancel any order, if it can not be honored by the company in case of the following reasons: fires, explosions, floods, epidemics, strikes, governmental actions, wars, acts of terrorism, protests, riots, or other impediments of major forces according to the Romanian law. The greatest possible amount of damages that Elemental can pay to the Buyer, in case of delivery failure or improper delivery, is the amount received by the Buyer at the initial order.
8. Payment
8.1 Payment methods for orders from EU countries and non-EU countries: the payment, regardless of the order value can be made only in advance, either through PayPal or by bank transfer, based on order confirmation. Customers with European VAT no. have to wait for proforma invoice issued by Seller. Note: the bank transfer must be done at no cost to the payee.
9. Return Policy
9.1 The Buyer must verify the received Order and notify the Seller within 3 days if he/she found any differences, errors or non-conformities. Notifications sent after this deadline will not be taken in consideration.
The products on the Site marked as “special order with extended delivery” are not subject to the right of withdrawal.
9.2 Any product return requires a RMA number, that the Buyer must request from the Seller. This RMA number has to be clearly seen on the outside of the package/box the product is returned in. Without this mark, the takeover may be refused by the Seller.
9.3 One can return only products not complying with the specifications on Site at the time of the purchase, products misdirected by Seller or other volume/size than ordered by the Buyer. Used, unsealed or incomplete sets of products can not be returned. The return shipping costs are supported by the Seller after the Seller agreed the shipping method.
9.4 The returned products must be in the same condition, which they were delivered in, original packaging with all accessories, intact labels and supporting documents, all properly packaged for their protection during transport. Return products presenting any physical changes, bumps, chipping, scratches, signs of excessive/improper use and/or unauthorized interventions etc., that can not be called up for sale are not accepted by the Seller.
9.5 Products returned due to quality issues will be inspected by the Seller on the basis of internal procedures. If the Seller does not find any quality problems, the refund will not be realized.
10. Complaints
10.1 All complaints regarding shortcomings in the packages, products noncompliance, billing errors and other products received than those previously ordered, must be made by the Purchaser within 3 days from the day the products have been delivered. Complaints received after this period will not be considered.
10.2 In any case for product return, the conditions listed in Section 9 will be taken into consideration.
10.3 Please note:
– Certain products involve specific storage conditions, thus further quality complaints can not be received and cleared, given our lack of control for storage and handling;
– Some of the products have by their nature sediments, turbidity or unpleasant odor. These issues are not quality problems, and before making a complaint please read through the description and technical documentation of the product or ask for details at customer service.
11. Warranty
11.1 The electronic devices and some specific goods which are accompanied by a warranty certificate, which are not as per specifications/requirements stated on the Site at the time of the order is made, are inoperative or have manufacturing defects; they can be returned without incurring any additional costs to the Buyer, after a written notification made within 3 days from the delivery, which will specify the lack of conformity. The Buyer may request the refund of the product or its replacement with a new one. If the Seller can not replace the product, its purchase price will be refunded.
11.2 The warranty conditions are in accordance with the local effective law. Products, that benefit of warranty based on the certificates issued by the Seller and are damaged within the warranty period, need to be returned with a copy of the invoice and warranty certificate. If the products get back to the Seller without these documents, the warranty issue can not be solved. The transport/shipping costs from the Buyer to the Seller are supported by the Buyer, and from the Seller to the Buyer the other way around.
11.3 Products uncovered by warranty are: those having physical defects such as bruises, cracks, chipping, burned components/parts, damaged labels or seals of guarantee, removed or modified products used in inappropriate conditions (high temperature variations and pressure, mechanical shocks, incorrect handling, humidity, dust, noxious chemicals, etc.), incorrect installations and settings, faulty sources, sockets without grounding, penetration of liquids, metals or other substances into the equipment, mechanical intervention on the products.
11.4 According to the romanian previsions H. G. 195/2005 regarding environmental protection and those under H.G. 5/2015 about wastes of electrical and electronic equipment (DEEE), consumers have the obligation not to dispose DEEE as unsorted municipal waste, but to collect them selectively. The symbol, that indicates electrical and electronic equipment should not be mixed with household waste, therefore electrical and electronic equipment are subjects of a separate waste collection: is a small wheeled bin crossed out with two lines in the form of X.
12. Processing of Personal Data, privacy policy
Please find our privacy policy by clicking on this link.
13. Copyright, Intellectual Property Rights
13.1 The content of the Site, including but not limited to logos, static and dynamic images, texts, video and multimedia materials displayed on the Site are in the exclusive property of Elemental, it reserves all rights granted in this respect, including user or publication licenses.
13.2 User and Buyer are not permitted to copy, distribute, transfer, use, reproduce or display the content from the Site, without any written consent made by Elemental SRL.
13.3 Buyer or User can use contents from the Site only for personal or non-commercial purposes.
14. Fraud
Any attempt to access personal data of another User, to modify the content of the Site or to affect the performance of the server that runs the Site www.elemental.eu and its subdomains, is considered fraud and this triggers criminal investigation against those, who have actually tried this.
15. Litigation
Any dispute between User/Buyer and Elemental is resolved amicably. If the conflict can not be settled amicably, the Law Courts in Oradea, Romania will take over from there.