Quality checked pre-owned luxury goods. Ask, shop, sell.

Terms and conditions

GENERAL TERMS - TABLE OF CONTENTS
 
1 DEFINITIONS
2 PURPOSE OF THE SITE AND OF THE GENERAL TERMS
3 REGISTRATION ON THE SITE
4 PROFILE INFORMATION
5 PRODUCT INFORMATION AND OTHER content
6 PRIVACY AND PERSONAL DATA
7 INTELLECTUAL PROPERTY
8 GOOD FAITH
9 COUNTERFEIT PRODUCTS
10 IMPOSSIBILITY TO RETURN PRODUCTS
11 TRANDY FAIR'S INTERMEDIATION SERVICES
12 WARRANTIES AND LIABILITY
13 ACCEPTANCE OF IT OR ELECTRONIC ELEMENTS OF THE SITE AS EVIDENCE 
14 SITE MAINTENANCE
15 NEWSLETTERS, OFFERS AND COMMUNICATIONS
16 MAKING COMPLAINTS OR CLAISM
       16.1 Complaints regarding another User
       16.2 Complaints regarding trendyfair.com as an agent
       16.3 Complaints regarding trendyfair.com as a seller
17 SERVICE SUSPENSIONS AND TERMINATION
18 MISCELLANEOUS 
       18.1 Term and amendments
       18.2 Applicable law
       18.3 Other provisions


GENERAL TERMS

These General Terms, including the Privacy and Cookies Policy and all other policies posted on this website, set out the terms and conditions based on which we offer you access to and use of our website and the provided services.  By checking the checkbox upon Registration you accept these General Terms and undertake to comply with their provisions.

1  DEFINITIONS
  
Account
means an electronic record kept for each User by trendyfair.com, as defined below, comprising any and all data with respect to the User provided upon Registration, as supplemented and amended from time to time, including information on the activities of the User on the Site, the access to which is performed through email and password, and which enables the User to review the Content and use the Services;
Buyer
means a User, natural or legal person, who buys a Product through the Site;
Commission
means the amount that trendyfair.com and the Seller agree that trendyfair.com is entitled to receive from the Price of a Product paid by the Buyer;
Content
means any and all static images, dynamic images, descriptions, text and/or multimedia as well as any other elements published on the Site and/or contained in any email or other communication sent by trendyfair.com to the User;
Cookies
means small text files that are stored in order to maintain the User’s session, so that the User does not need to write his/her email and password on every page of the Site, to create viewing statistics, and protect against multiple voting by the same persons;
DHL
means S.C. DHL INTERNATIONAL ROMANIA SRL, having its headquarters in Bucharest, 169A Calea Floreasca Street, Building A, 8th Floor, District 1, Romania, Fiscal Identification Number RO1590678, a company that transports goods and/or people by air, land, or sea, in its own or chartered vessels or equipment, and is named as the carrier in the contract of carriage;
General Terms
means these General Terms, as amended from time to time, which include also the Privacy and Cookies Policy, the documents How to Sell Products and How to Buy Products and any other policies displayed from time to time on the Site and indicated as integrant part of the General Terms;
Order
means a step during which the Buyer expresses her/his intention to buy a Product;
Payment Processor
means the third party payment processor used by trendyfair.com to charge Users for fees incurred;
PayU
means the online payment system operated by GECAD ePayment International SA, with place of business at 2 Dr. Nicolae Staicovici Street, 6th Floor, District 5, Bucharest, Romania, registered with Trade Register Office Bucharest under no: J40/9218/7.06.2004, Fiscal Identification Number RO16490162;
PayPal
means an electronic commerce (e-commerce) company that facilitates payments between parties through online funds transfers, i.e. GECAD ePayment International SA, with place of business at 2 Dr. Nicolae Staicovici Street, 6th Floor, District 5, Bucharest, Romania, registered with Trade Register Office Bucharest under no: J40/9218/7.06.2004, Fiscal Identification Number RO16490162;
Personal Data
any information relating to an individual who is identified or identifiable, directly or indirectly, particularly by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;
Price
means the amount, including all taxes and charges, paid by the Buyer to trendyfair.com for the Product, where trendyfair.com is either acting as an agent for the Seller or as the direct seller of the Products, as applicable; it includes the Commission or, for direct sales made by trendyfair.com, its margin, but does not include Shipping Costs;
Product
means the object for which Product Information has been created, approved and then posted online by trendyfair.com and which is therefore listed for sale on the Site;
Product Information
means the information describing the Product listed for sale by a Seller and posted on the Site;
Profile Information
means the information describing the User’s profile and indicating, among other things, the Products listed for sale by such User;
Registration
means the procedure for creation of an Account;
Seller
means a User that is at least 18 year old and has full capacity to sell and whose Product is purchased by another User through the Site; the Seller may be a private individual, a second-hand goods dealer (which does not own the Products but to whom the Products have been consigned by private individuals for their sale) or a professional Seller, based in a country that is a member of the European Union;
Seller’s Price
means the price agreed between trendyfair.com and the Seller to be received by the Seller for the sale of a Product through the Site;
Services
means all the services offered by trendyfair.com which provide access to and allow Users to browse the Site, to sell or buy Products to or from each other, and list Products for sale directly to Users;
Shipping Costs
means the amount in connection with the costs for shipping the Product to the Buyer and which is not included in the Price;
Shopping Bag
means an electronic tool available on the Site, enabling the Users to reserve one or more Products which they intend to buy whereby such Products remain reserved for a period of 30 minutes, after which another User may buy the Products, even if they remain in the initial Shopping Bag;
Site
means the website www.trendyfair.com;
Transaction
means a sale - purchase of a Product made via the Site;
trendyfair.com
means FABRICA DE STIL S.R.L., a Romanian limited liability company having its headquarters located in Bucharest, 40-42 Washington Street, Washington Residence Residential Complex, House A, 2nd Floor, Apartment 6, Sector 1, registered with the Trade Registry with no. J40/8523/2013, Sole Registration Code 31975188, having a share capital of 200 RON, telephone number 0371308298, e-mail address: support@trendyfair.com, RON bank account number RO46BACX0000000946648000 and EUR bank account number RO19BACX0000000946648001 opened with UniCredit Tiriac Bank; and
User
means an individual or legal entity (e.g. a company) registered and identified on the Site or any visitor to the Site.


2   PURPOSE OF THE SITE AND OF THE GENERAL TERMS

2.1 The purpose of the Site is to offer services which enable Users to contact one another in order to sell and buy new and/or second-hand items using the Site as an intermediary.
2.2 trendyfair.com may from time to time list products it owns, directly for sale and in such exceptional cases trendyfair.com shall enter into sale-purchase agreements with the Buyers and shall observe the relevant legal obligations of sellers towards customers.
2.3 The purpose of these General Terms is to define the terms and conditions based on which trendyfair.com shall provide access to and allow Users to browse the Site, provide Users with services allowing them to sell/buy Products to or from each other, and list Products for sale directly to Users.
2.4 These General Terms are applicable to all Users and include also the following documents available on the Site:
  1. How to Sell Products”;
  2. How to Buy Products”;
  3. Privacy and Cookies Policy”;
  4. Refund Policy”;
  5. “Counterfeit Policy”.
2.5 All Users must read these General Terms carefully before using the Site.  Users are deemed to agree with the General Terms as soon as they browse the Site including when they create an Account and regardless of whether or not they complete any Transactions through the Site.
2.6 If a User does not want to be bound by these General Terms, he/she should not access, register or display any Products, place any Orders with trendyfair.com, access the Site or use the Services in any way.


3  REGISTRATION ON THE SITE

3.1 Visiting the Site is possible without creating an Account.  A User must create an Account if the User wishes to sell or buy a Product through the Site.
3.2 In order to create an Account, Users must fill in a registration form by providing their email address and a password or by using the Facebook Connect feature.  By using Facebook Connect to register on the Site, Users are requested to allow trendyfair.com to access certain information from their Facebook account, including their full name, Facebook user ID, email address, gender, birthday, profile picture, friends list and any other information they have made publicly available through their Facebook account.
3.3 A confirmation of the activation of the User’s Account is sent to the User via email at the address indicated by the same.  The email confirming the account activation will indicate the User’s email address (user ID) and password so that the User can log in to the Site.
3.4 It is forbidden for a User to create or use any additional accounts on the Site using either the User’s own identity or the identity of a third party.
3.5 Users undertake not to complete the registration form using fictional and/or incorrect contact details or information.
3.6 Users shall be liable for all damages caused by the use by any other person accessing the Site using the User’s account information where he/she has allowed or knows about such use.


4  PROFILE INFORMATION

4.1Once logged to their Account, Users may create their Profile Information by clicking on the www.trendyfair.com/account link in the top right corner of the screen and then on the Profile Information section.
4.2 In order to create a Profile, Users are requested to provide the following information:
  1.           i. gender, surname, first name and a nickname;
  2.           ii. personal email address and the address of residence;
  3.           iii. if and when putting Products on sale, the Users are requested to provide the following bank details:
    1. first name, surname and address of the account holder;
    2. number of the bank account and swift code;
    3. name and address (including the country) of the bank;
    4.   iiii.name linked to the bank account.
4.3 Only a registered User is authorised to use his/her Account using a nickname for the user ID (provided when creating their Profile Information) and the password created when registering with the Site.
4.4 The information mentioned under item 4.2 above is required every time a browsing session is opened and must not be disclosed by the User to any third party or be used by a third party.
4.5 If a nickname chosen by a User is defamatory, harmful, threatening, vulgar, obscene, hateful, discriminatory or otherwise reprehensible or infringing of an intellectual property right, trendyfair.com reserves the right to ask the User to change it to an expression acceptable under these General Terms or to delete it.
4.6 When posting photos on their Profile Information, Users guarantee that they own such photos and they do not infringe any third-party’s rights to the posted photos.
 

5   PRODUCT INFORMATION AND OTHER CONTENT

5.1 When creating their Profile Information and/or Product Information, Users may upload photos of themselves and/or the Products they sell and/or post comments on the Site.
5.2  Before the Product Information is posted on the Site, the Seller shall fill in a form available at www.trendyfair.com/account/item/add, where the Seller shall answer questions regarding the Product.
5.3 Trendyfair.com reserves the right to select the photos that best fit the Site’s purposes and design and to eliminate any comment that is against the Site’s purposes and generally against the law and/or common sense.
5.4     Users hereby expressly allow trendyfair.com and all its successors:
           i.  to modify the photos of the Products proposed for sale, but only for the purpose of resizing and cropping the photos and removing the background of the photo so that the Product appears on a white background, as per the instructions available at  www.trendyfair.com/account/item/add;
           ii.  to affix, reproduce and use their materials and/or photos of the Products and/or posted comments, in an unlimited  number, on a free-of-charge and worldwide basis, in all formats, by all means and on all media, including, without limitation, on the Site and Partner websites of trendyfair.com.
5.5 Users are not allowed to use the photos and any other materials provided on any other websites similar to the Site once such content has been processed and/or otherwise modified by trendyfair.com.
5.6 By registering to the Site, Users declare that they are aware of the concept and format of the Site, of the photos and information that trendyfair.com posts on the Site, so Users shall not hold trendyfair.com responsible for amending in any way any material provided by a User and posting the modified photo or material on the Site.
5.7 For low-value Products one photograph will be masked/edited before being posted online and for the other Products three (3) photographs will be masked/edited.
5.8 Users hereby agree that the decision to use their photos and/or other materials will be left to the discretion of trendyfair.com for as long as the User has an Account and/or Profile Information on the Site.
5.9 Trendyfair.com does not undertake to use any of the Users’ materials.
5.10 Users may withdraw their consent for the broadcasting of their material on the conditions mentioned above, by sending an email to the following address: support@trendyfair.com.
5.11 Trendyfair.com reserves the right to review the materials, including posts and uploads, provided by Users and to remove any material that breaches the rules set out in these General Terms.

6  PRIVACY AND Personal data

6.1 Personal Data provided by the Users are collected and processed by trendyfair.com in accordance with the applicable law.
6.2 Users are solely liable for the data they disclose while using the Site and they guarantee the accuracy of the data provided for their Registration.
6.3 Trendyfair.com is registered in the Register for Personal Data Processing under the number 34683.
6.4 Trendyfair.com may disclose any Personal Data to the competent authorities as mandated by the applicable law.
6.5  For details about the way Users’ Personal Data is dealt with by trendyfair.com please check our Privacy and Cookies Policy by http://www.trendyfair.com/info/privacy-policy


7  INTELLECTUAL PROPERTY    

7.1 Any and all intellectual property rights over the Content, including but not limited to trade names, trademarks, logos, signs, industrial designs and copyright protected works, whether registered or not, remain the sole and exclusive property of trendyfair.com and/or their respective owners.
7.2 Without the prior written consent of trendyfair.com to the contrary, the User may use the Content only for personal and non-commercial purposes and in compliance with the provisions of these General Terms.
7.3 Users must not submit, upload or post any materials that violate another person’s intellectual property rights.
7.4 Any content hosted on third party websites accessible from the Site is the responsibility of those websites, and not of trendyfair.com.


8  GOOD FAITH

8.1 All Users agree to enter into sales/purchases in good faith in accordance with applicable law and these General Terms.
8.2 Trendyfair.com may send a notice to any User who appears to act inappropriately, aggressively or indecently and may suspend or terminate a User’s access if such User has, for example, been the subject of several founded complaints or claims or has sent several Products that do not correspond with the Product Information provided.
8.3 Users shall not directly enter into contact with one another to make a Transaction regarding a Product ordered or listed for sale on the Site, and no Personal Data (for example, telephone numbers, postal and email addresses, etc.) may be disclosed by Users to other Users.
8.4 Users shall not make any comments about the Site and/or Users that may be defamatory and/or damage the reputation of trendyfair.com and/or of the Users.
8.5 Trendyfair.com shall be authorised to intervene and remove any comments which may breach these General Terms including those in this Section 9 with the Users concerned having no right to compensation for any such removal, and trendyfair.com may suspend or terminate the Services for Users according to Section 17 below.
8.6 Users shall compensate trendyfair.com from all third parties’ claims regarding the wording of their Product Information and/or the description of the Products they list on the Site.

9  COUNTERFEIT PRODUCTS
9.1 Users are solely liable for the Products they send to trendyfair.com for sale or for any other purposes so they shall refrain from sending any counterfeit or otherwise illegal Products.
9.2 In case of any serious suspicion of counterfeit or otherwise illegal Products, trendyfair.com reserves the right to immediately inform the relevant authorities.
9.3 According to the Romanian Law on trademarks and geographical indications, the following acts are sanctioned with imprisonment from three (3) months to two (2) years or fines, if performed unrightfully:
  1. counterfeiting a trademark;
  2. trading a product having a trademark that is identical or similar to a registered trademark for identical or similar products;
  3. trading products that have geographical indications that indicate that a product originates from a certain geographical region other than its actual origin.
9.4 For details about the way trendyfair.com deals with the counterfeit Products please check our Counterfeit Policy by www.trendyfair.com/info/counterfeit-policy


10   IMPOSSIBILITY TO RETURN PRODUCTS

10.1 In case trendyfair.com is in the possession of Products that may not be shipped back to their owners (e.g., because the address indicated by the Buyer or Seller is incorrect or no longer valid), trendyfair.com shall send an email to the Product’s owner.
10.2 In case the Product’s owner will not reply to trendyfair.com the Product will be kept at the owner’s disposal and at his/her risk, for a period of six (6) months as of the receipt of the Products by trendyfair.com.
10.3 Users wishing to retrieve their Products may ask to do so by sending a letter to the address of trendyfair.com or an email to trendyfair.com.
10.4 Following receipt of a letter or email from the Product’s owner, trendyfair.com will ship such Products via DHL from the headquarters of trendyfair.com back to the User, at the User’s expense.
10.5 If no claim for the return of Products is made to trendyfair.com during such –six (6) – months’ period, trendyfair.com will become the owner of any unclaimed Products.


11  TRENDY FAIR'S INTERMEDIATION SERVICES

11.1 During the performance of trendyfair.com intermediation services, Users acknowledge that unless otherwise specified the role of trendyfair.com is to act as an agent between Users.  In this respect, except under specific circumstances or in specific cases, trendyfair.com does not act as a reseller of the Products and does not become owner of the Products transferred from any Seller to any Buyer through the Site.
11.2 Please note that the actual sale-purchase contract is entered directly between the Sellers and Buyers.
11.3  While trendyfair.com may provide pricing, shipping, posting, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not.
11.4  Trendyfair.com does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of Users' materials; the capacity of Sellers to sell items; the ability of Buyers to pay for items; or that a Buyer or Seller will actually complete a transaction or return an item.
11.5  When in certain cases these General Terms provide for the right of trendyfair.com to cancel a transaction for various breaches by a User, trendyfair.com shall act as an agent of the User against whom the breach occurred and is thus hereby appoint to act as such.
11.6 Trendyfair.com cannot guarantee that a Seller’s Product will meet a Buyer’s requirements: trendyfair.com does not control the adequacy of the Buyer’s expectations with the Seller’s Product Information.
11.7 Quality control carried out by trendyfair.com only concerns the adequacy of the Seller’s Product with the description thereof in the Product Information filled out by the Seller.


12   WARRANTIES AND LIABILITY

12.1Trendyfair.com cannot control which Users gain access to the Site.
12.2 By using the Site Users acknowledge and accept the characteristics and limitations of Internet, particularly in terms of technical performances, response times to view, verify or transfer information and the risks inherent in all connections and transfers via internet.
12.3 Trendyfair.com is not responsible for any data or information uploaded by Users.
12.4 It is the Users’ responsibility to make backup copies of any of the content they upload on the Site.
12.5 Trendyfair.com cannot guarantee against any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses or any other form of programming routine that would damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from the Users’ download of any content, software Users use to download the content, the Site or the server that makes it available.
12.6 It is the Users’ responsibility to install appropriate anti-virus and security software on their computer hardware and other devices to protect against any bugs, viruses or other such harmful programming routines.
12.7 Any content downloaded or otherwise obtained through the use of the Site is done at the Users’ own risk and Users will be solely responsible for any damage to their computer system and/or loss of data that results from the download of any such content.
12.8 Trendyfair.com is not responsible for the accuracy, copyright compliance or legality of content contained in or accessed through the Site, and does not have any control over and is not responsible for the truth or accuracy of any third party’s content and is not responsible for verifying the ownership of any content posted or uploaded onto the Site.
12.9 Any postings and/or uploads on the Site do not constitute any form of recommendation by trendyfair.com, but Users should follow instructions trendyfair.com gives them to keep Products that trendyfair.com delivers safe (including any instructions provided with the Products).
12.10 Trendyfair.com is not liable for any damages to Products sent by trendyfair.com which are caused by the Users’ failure to follow trendyfair.com instructions as it is not responsible for any other action/inaction of any User.
12.11 During the performance of its intermediation services, trendyfair.com shall not be liable for any claims or losses in connection with or arising from the contracts that Users enter into with each other via the Site unless trendyfair.com is at fault.
12.12 Except in relation to complaints for late or non-delivery of Products in circumstances where trendyfair.com is at fault, Users shall be responsible for responding to any complaints or claims regarding the Products they have posted on the Site; the Product’s description and any User’s comments on the Product Information page; and/or the shipment of the Products to trendyfair.com by the Seller (whether such shipment is for the purposes of Products being sold, exchanged or returned) and any such complaints or claims shall be redirected to the designated User.
12.13 Users are responsible for the legality of their actions under the laws that apply to them and the legality of any items they list on the Site, including payment of any taxes related to the Transactions completed via the Site.
12.14 If a written complaint is made by an identified third party notifying trendyfair.com of a User’s misuse of the Service or Site or that the User has behaved in a way which objectively could be regarded as inappropriate, trendyfair.com reserves the right to (i) immediately remove the Product listed for sale from the Site that is the subject of the complaint and/or to cancel all Transactions in progress and remove other Products listed for sale for the User and/or (ii) suspend or terminate its services to that User in accordance with Section 15 below.
12.15 The Site is provided “as is” and without warranties of any nature, so trendyfair.com does not guarantee to its Users that:
  1.    i.the Site shall be secure and available at any time and in any location;
  2.    ii.any defects or errors shall be corrected; or
  3.    iii.any material available on the Site will be free of viruses or other harmful elements.
12.16 THE USE OF THE SITE IS EXCLUSIVELY AT USER’S OWN RISK.
12.17 Each User shall guarantee and hold harmless trendyfair.com against all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to the User’s use or misuse of, or access to, the Services, Site or content, violation of these General Terms, or infringement by User, or any third party using User’s account or identity in the Services or on the Site, of any intellectual property or other right of any person or entity.
12.18 Trendyfair.com reserves the right to assume the exclusive defence of any matter otherwise subject to indemnification by User, in which event User shall assist and cooperate with trendyfair.com in asserting any available defences.
12.19  In no event shall trendyfair.com be liable towards any Users or third parties with respect to the Site:
               i.for any lost profits, lost data, cost of substitute goods or services or other damages of any kind; or
               ii.for any viruses, bugs or similar; or
               iii.for any damages in the aggregate higher than (a) the value of the Product subject to a claim; or (b) 500 Euro, whichever will be greater.


13 ACCEPTANCE OF IT OR ELECTRONIC ELEMENTS OF THE SITE AS EVIDENCE

13.1For evidence purposes, trendyfair.com is expressly permitted to avail itself of any programs, data, files, recordings, identifiers, passwords, transactions or other elements from the Site (such as monitoring reports or other reports, etc.) in computer or electronic format or media and created, received or stored directly or indirectly by trendyfair.com in its IT systems.


14 SITE MAINTENANCE 
Trendyfair.com shall try to maintain the Site accessible seven (7) days a week, twenty-four (24) hours a day, subject to cases of Force Majeure as such are defined by the Romanian law.  However, for technical maintenance reasons, trendyfair.com may be obliged to partially or totally suspend access to the Site temporarily and without notice.  By accepting these General Terms, Users accept any such technical interruptions.


15 NEWSLETTERS, OFFERS AND COMMUNICATIONS

15.1 Users expressly agree to receive newsletters, offers and/or other communications from trendyfair.com in relation to the Services and/or the Products.
15.2 Users may at any time refuse to receive any further advertisements or other commercial messages (opt-out) by using any of the following options:
       i.following the specific Internet link provided in any commercial message received via email from trendyfair.com; or
       ii.setting up the respective options in the account setting tab at the Site.
15.3  For the avoidance of doubt, the refusal of the User to receive any advertisements, offers or other commercial communications should not be considered as a right of the User not to comply with the provisions of these General Terms and should in no way discharge the User from his/her obligations under the agreement for use of the Site.
15.4  Trendyfair.com, at its own discretion and without owing any compensation in this respect, may send advertisements, offers and/or other communications to only some of the Users, and may suspend the provision of commercial messages to certain Users even if the latter have not waived their rights to receive such messages.


16 MAKING COMPLAINTS OR CLAIMS 

16.1 Complaints regarding another User
       16.1.1 All complaints regarding another User must be sent to trendyfair.com at the following email address: support@trendyfair.com.
       16.1.2  trendyfair.com does not disclose any Personal Data of Users without their prior consent, except as may be required by law.
       16.1.3  if a User identifies a counterfeit Product, he/she may inform trendyfair.com by sending an email with the details to the following email address: support@trendyfair.com.
16.2 Complaints regarding trendyfair.com as an agent
       16.2.1  Any User wishing to make a claim to trendyfair.com regarding the Services it has provided can contact trendyfair.com by post at the above address, by email at www.trendyfair.com/contact or by sending an email with the details to the following email address: support@trendyfair.com. Any complaint shall be answered within forty-eight (48) hours from its receipt by trendyfair.com.
16.3 Complaints regarding trendyfair.com as a seller
       16.3.1 If a Product is bought directly from and delivered by trendyfair.com, the Buyer may sent a complaint via e-mail or via registered mail on the grounds of any non-conformity within the meaning of Directive 1999/44/EC and of Romanian Law 449/2003 on the sale of products and the guarantees associated thereto.
       16.3.2 The complaint shall include the full name and the e-mail address of the Buyer provided for the purposes of Registration, contact details (including postal address), the respective Order number, a description of the non-conformities, the preferred method of remedy and the amount claimed, where applicable.
       16.3.3 In addition to the above, the Buyer shall return within seven (7) days since lodging the complaint the respective non-compliant Product to the address of trendyfair.com and shall enclose also the document certifying the  executed payment of the Price, as well as any documents evidencing the non-conformity of the Product and any documents establishing the grounds and amount of the claim.
       16.3.4 Upon receipt of the complaint, a number will be assigned to the complaint and communicated to the Buyer, number which the Buyer shall place in a visible way on the packaging of the Product, next to the address of trendyfair.com, to which the Product will be returned via DHL.
       16.3.5  In case of a complaint concerning apparent mechanical damage to the Products or to the parcel during transport, the Buyer shall fill the contact form or send an e-mail to the following email address: support@trendyfair.com.
        16.3.6 When addressing a complaint, the Buyer shall be entitled to request, alternatively:
                               - free of charge repair;
                               - free replacement of the respective Product with such other goods, which meet the agreed requirements;
                               - full refund of the price paid; or
                               - corresponding reduction of the Price.
        16.3.7 In case trendyfair.com agrees to repair the defected Product or replace it with a new one, the Buyer shall not be able to claim any of the remedies under items (iii) and (iv) above.
        16.3.8 trendyfair.com shall remedy all non-conformities and bring the Product in line with the agreement made with the Buyer within a period as agreed with the Buyer, but no longer than fifteen (15) calendar days as of submission of the Buyer’s complaint.
        16.3.9  If a complaint is found grounded, trendyfair.com shall reimburse the Buyer any expenses incurred by the latter in relation to the performed remedy of the established non-conformity, including but not limited to costs for shipment (including for the return of the Product), materials or labour.
        16.3.10 If trendyfair.com finds a complaint to be insufficiently grounded, the expenses related to the submission of said complaint and/or the return of the Product will be borne exclusively by the Buyer.
        16.3.11 If trendyfair.com fails to satisfy the complaint within the term agreed and provided said complaint is sufficiently grounded, the User is entitled to rescind the Transaction with respect to the respective Product and to claim full refund of the Price paid, or to claim reduction of the Price with respect to the defective Product(s), except for where the non-conformity of the Product is insignificant.
         16.3.12 In cases of refund of the Price, trendyfair.com guarantees a repayment of the amount paid, subject to the  condition that if a part of the Price was paid by means of discounts accumulated in the Account, the Buyer will be refunded the money actually paid by the same, and the Customer's Account will be credited with the discount. The Shipping Cost incurred by the Buyer shall be returned by trendyfair.com.
         16.3.13 The Buyer loses the rights as provided above, if he/she does not notify trendyfair.com about the Product's non- conformity within two (2) years as of delivery of the respective Product but in any case not later than two (2) months from the date on which the non-conformity has been observed. In case of second-hand products, the term above shall be of one (1) year as of delivery of the respective Product.
         16.3.14 The Customer agrees and accepts that not all Products have quality warranty provided by the respective manufacturer.
         16.3.15 Where a certain Product comes with manufacturer's quality warranty, the rights under the warranty shall be  exercised in accordance with the terms set forth in the warranty card accompanying the Product upon delivery and in the service centres network specified therein.
         16.3.16 Any warranty claims can only be reported directly to the service centres specified in the warranty card and the warranty conditions are set out by the manufacturers of the Products or their authorized representatives.
          16.3.17 Until otherwise proven, the lack of conformity revealed within six (6) months since the delivery of the Product is presumed to have existed at the date of the delivery, except for the cases when such a presumption is incompatible with the nature of the Product or with the lack of conformity.


17  SERVICE SUSPENSIONS AND TERMINATION 

17.1 In the event of a breach of any of these General Terms, trendyfair.com may temporarily suspend a User’s access to trendyfair.com Services to allow for the dispute to be resolved, if possible.
17.2  If a resolution is not found within two (2) days of trendyfair.com notice of the discovered irregularities, trendyfair.com shall be permitted to terminate the User’s access to the Site and the Services by prior email sent to the concerned User informing he/she about the termination and the reasons behind it.
17.3 trendyfair.com reserves the right to immediately, without prior notice and without owing any compensation to terminate the Services if the conduct of a User seriously breaches these General Terms, particularly in the following cases: the sale of counterfeit items or items that have been banned from sale, creation of several accounts, payment method fraud, attempted fraud or any other criminal offence.
17.4 If a User wishes to be deregistered from the Site, the User fills in a special deregistration form at www.trendyfair.com/account/disable, which includes a statement on the termination of the agreement for use of the Site.
17.5 The agreement for use of the Site by a certain User may be terminated by trendyfair.com with a seven (7) calendar day prior written notice if:
  1. -the purpose of the Registration or method of the use of the Services, or any other services offered by trendyfair.com, by the User is clearly inconsistent with the purposes of the Site;
  2. -the User’s activity on the Site is inconsistent with moral standards, incites to violence or crime or if it violates the rights of third parties;
  3. -it has received an official notice about the unlawful nature of the data provided by the User for the purpose of the Registration or of the activities related to such data;
  4. -it has received reliable information about the unlawful nature of the data provided by the User or of the activities related to such data and has previously notified the User about its intention to prevent an access to the User’s Account;
  5. -the User sends unsolicited commercial communications, using his/her Account;
  6. -the User violates the provisions of the General Terms in a serious or persistent manner;
  7. -the address provided by the User give rise to objectively reasonable doubts as to their accuracy or veracity, and such doubts cannot be resolved through telephone contact or by e-mail; such objectively reasonable doubts shall be considered present, in particular, in case of provision of a name of a non-existent place, a name of the street that does not exist in a given place, a fictitious recipient's name (e.g., a fairy-tale character).
17.6 In addition to the above reasons, the agreement for use of the Site may be terminated by either party with a written notice in case of Force Majeure, as such is defined by the Romania law.


18  MISCELLANEOUS  

18.1  Term and amendments
         18.1.1 All Users are bound by these General Terms when they use or register on the Site and until their Account is deleted, regardless of whether or not they close any Transactions.
        18.1.2 Trendyfair.com reserves the right, at its sole discretion, to modify or replace any of the General Terms, or change, update, suspend or discontinue the Site (including without limitation the availability of any feature, database, content, etc.) at any time by posting a notice on the Site or by sending Users a notice by another appropriate  means of electronic communication.
        18.1.3 Trendyfair.com may impose limits on certain features and services or restrict Users’ access to parts or the entire Site without notice or liability.
        18.1.4 Any amendments to these General Terms shall be effective against the Users only after the latter have been notified via e-mail and provided that the User does not send a written notice for termination of the agreement for  use of the Site within the term specified in the aforementioned notice, term which cannot be shorter than seven (7)  calendar days as of the date of sending such notice.
        18.1.5 In addition to the above, it is also the Users’ responsibility to check these General Terms periodically for changes.
        18.1.6 A User’s continued use of the Site following a notice of any changes to these General Terms constitutes acceptance of those changes.
        18.1.7 These General Terms, as may be modified from time to time, govern trendyfair.com relationship with each User and as such trendyfair.com intends to rely upon the written terms set herein.
       18.1.8 The applicable General Terms are those in force at the date of use of the Site by a User.
18.2   Applicable law
         18.2.1 These General Terms shall be governed by and construed in accordance with the laws of Romania, including its conflicts of law rules.
         18.2.2 Users agree that any dispute arising from or relating to the subject matter of these General Terms shall be governed by the exclusive jurisdiction and venue of Romania.
         18.2.3 If a dispute arises between Users and trendyfair.com, trendyfair.com strongly encourage Users to first contact trendyfair.com directly to seek a resolution.
18.3   Other provisions
         18.3.1 Trendyfair.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, Force Majeure, mechanical, electronic   or communications failure or degradation.
         18.3.2 Unless otherwise specified in these General Terms, all notices hereunder will be in writting ans will be deemed as duly given when recived , if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail ; or the day after it is sent , if sent for next day delivery by recognized overnight delivery service.
         18.3.3 Electronic notices should be sent at the following addres: support@trendyfair.com