Terms and Conditions

The "Lit Appeal" platform, available at www.litappeal.com, owned by the Romanian company LIT APPEAL COUTURE SRL, is a medium for presenting it`s the brand profile and Products, facilitating the contact of Customers with us and sale of luxury female undergarments and similar products, made available to Customers internationally.

The Seller has its registered offices in Romania, a member state of the European Union, reason for which the access to the Platform and the Sale of Products is conditioned by the acceptance by the Customer of the Seller's Terms, in accordance with the applicable Romanian and EU legislation.

The Seller is the limited liability company of Romanian nationality "Lit Appeal Couture SRL", headquartered in Romania, registered in accordance with Romanian law at the Trade Register Office under the unique European number ROONRC J32 / 298/2018, unique national tax identification code RO 38948679.

Postal address: Lit Appeal Couture SRL - Romania, Bucharest, sector 2, str. Dâmbovicioarei, no. 6-8, ap. 155, postal code 023823;

Email: contact@litappeal.com;

Phone: +40723334732

This document, entitled "Terms and Conditions", with the "Privacy and Personal Data Processing Policy" and the "Commercial Guarantee" provided by the Seller, together establish the general legal framework for the pre-contractual operations, the conclusion and executions of distance sales contracts concluded by you, as Customer and LIT APPEAL COUTURE SRL, as Seller, both having the quality of Parties to this Agreement, establishing and delimiting the rights and obligations of the Parties and the limits of liability of each.

By accepting the Terms, the Customer agrees with their content and declares that he accepts their application to the detriment of any explicit or implicit agreements with the Seller, which are not contained in a separate document agreed by the parties.

The natural or legal person who purchases products from the Seller, for personal use or for the personal use of third parties, through the Platform.

The firm request for the sale of products and/or services submitted by the Customer to the Seller, under the conditions established by the Terms.

The User or The Client, a natural person who acts for purposes outside its professional activity.

The agreement for the supply of products and/or services concluded between the Seller and the Customer, by effect of the Seller's acceptance of the Customer`s Order, consisting of all rights and obligations of the Parties as set out in the Terms published by the Seller on the Platform.

The amount owed by the Customer to the Seller in exchange for the Products and Services, consisting of the Price of the Products and, where applicable, delivery/shipping costs and any other taxes/expenses indicated in a transparent, determined, or determinable and public manner on the Platform by the Seller, and accepted by the Customer at the time of the Order; Purchase costs do not include customs duties or other costs of receiving the Products by the Customer, applicable on a case-by-case basis according to the laws applicable in the country of destination of the Products.

The date of receipt by the Customer of the confirmation of acceptance of the Order by the Seller.

Any information about an identified or identifiable natural person.

Romanian law or, as the case may be, the European Union law, applicable to the Contract at the date of its conclusion.

Delivery of the products by the Seller to the carrier/courier.

The Seller and the Customer, after the date of acceptance by the Customer of the Terms.

The website www.litappeal.com, owned and operated by the Seller.

Transmission of Products from the carrier/courier to the Customer.

Goods in the female undergarment category, offered publicly for sale by the Seller, through the Platform.

Delivery, warranty, and other ancillary services, of use prior to or subsequent to the sale to the Customer of the products, insofar as they are expressly assumed by the Seller.

All written legal and contractual rules to which the Seller, Customer and/or User are subject according to the documents "Terms and Conditions", "Privacy Policy and processing of personal data" and "Commercial Guarantee" of the Seller, as published on the Platform at a certain reference time.

User - the natural person who accesses the Platform.

Seller - LIT APPEAL COUTURE SRL.

Day - in the absence of a contrary stipulation, calendar day.

Access to the Platform is public and free, being provided to any person who has the technical means to access the Internet, without any conditions, except for the obligation of the User to comply with the Terms. Use of the Platform implies acceptance by default of the Terms applicable to your use.

The Internet domain of the Platform is secured with the "https" standard, which ensures the security of use after it is accessed by the User. The Seller does not assume responsibility for the security of the access line of the Platform used by the User to its access point nor for the security of the access terminal used by the User.

All patrimonial copyrights for the data and information existing on the Platform are wholly owned by the Seller and/or its partners. No material may be reproduced, modified, distributed to third parties or publicly or in any other way used, in whole or in part, without the prior express written permission of the Seller or other intellectual property rights holders.

The content of the Platform, the texts, graphics, photos, videos, audio recordings, software, logos, and all or any other functional or audio-visual data related to or presented within it are protected by copyright law and are the property of the Seller or its partners.

Users / Customers declare that they recognize the intellectual property rights of the Seller and assume that they will not disclose to third parties or the public (via the Internet, other media, or in any other way) any of the information/information received privately from the Seller.

The Seller or third parties authorized by the Seller may provide authorized, through the Platform, links to other pages or WEB resources. In such cases the Seller does not warrant nor assume any liability and cannot be held responsible in any way for their availability, form, content, advertising, products, or other materials available on those links.

The information presented on the Platform is informative and may be modified by the Seller, without the obligation to announce the change in advance, such changes being opposable to any Party or User from that moment forward. Also, for reasons of space and consistency of information structure, Product descriptions may be incomplete, but the seller makes every effort to present the information relevant to the purchase decision and for the product to be used within the parameters for which it is purchased.

Communication with the Seller can also be done by interacting with him by publishing opinions on the Products in the specific public sections of the Platform. Opinions or addresses containing insults or inappropriate language will be excluded, ignored, or not published in the Platform. The seller is free to manage the publication of information received without having to justify it.

In the event of an unusually high volume of traffic from an internet network, the Seller reserves the right to ask Users through the Platform to manually enter validation codes of the captcha type, in order to protect the information within the site.

Use of the Platform contrary to the Terms, attempts to breach the security of the Platform, attempts to defraud of any kind, internal or external to the Platform, in connection with the Platform, give the Seller the right to block the access of responsible Users on the Platform and pursue liability.

The price of the Products offered for sale through the Platform is communicated/displayed on the Platform next to each Product. The price includes VAT, according to the Applicable Law and any other expenses for preparation for transport, but, unless otherwise provided on the product page, the price does not include shipping costs. Shipping costs are published separately on the Platform, depending on the destination indicated by the Customer.

For the ordered Products, the Customer has the obligation to pay the related price as well as, as the case may be, the shipping costs. Depending on its commercial policy, the Seller may exempt the Customer from shipping costs, aspect which will be brought to the notice of the Customer prior to the issuance of the Order.

Depending on the country of destination of the Products, the Customer may also be obliged to bear customs duties related to the Products purchased. The price indicated on the Platform does not include customs duties or any other national taxes applicable in the country of destination. The Customer is advised to inquire before placing an order about any customs duties or other charges applicable in the country of destination. The Seller cannot be held responsible for such additional costs or any other damages suffered by the Customer as a result of the increase in total costs resulting from causes such as those listed above, at the moment when he is required to take possession of the Products.

The Seller informs the Customer that, despite all reasonable efforts of the Seller, errors may occur regarding the value of the communicated Price. In such a situation, if the Seller finds an error on the price of the ordered Products, the Customer will be informed immediately. In such a situation, the Customer may choose between purchasing the Products at the actual price or canceling all or part of the Order.

In such a situation, the Seller will not process the order before the Customer exercises the option.

If the Customer cannot be contacted to exercise the option, at the contact details provided with the Order or the Customer does not exercise his option within 2 working days from the moment he has been informed of the error, the Seller will consider the order canceled by default, informing the Customer in writing about this. Any amount paid by the Customer based on the canceled Order will be refunded.

Until the Customer exercises the option, the delivery time of the products is suspended.

If the Seller Accepts an Order that includes Products in respect of which there is a manifest and unmistakable error in the price, the erroneous nature of the price reasonably resulting from reference to the market price for such products or of similar products available on the Platform, the Seller reserves the right to cancel in whole or in part the Order, with reference to the Products whose price is erroneous, following to return to the Customer any amount of money paid by him for the Products with the erroneous price.

In order to purchase the products on the Platform, Users must contact the Seller with an Order. The order is submitted through the Shopping Cart function of the Platform, by filling in the order form.

In order to issue an effective Order, the User must indicate his identification data, contact and delivery data, the method of payment, from those publicized as available on the Platform as well as the special conditions of the Order, if any, by completely filling in the Order form.

The User has the obligation to communicate real, accurate and complete data, which will make it possible to identify the ordered Products, issue the Invoice and deliver the Products. Reporting an inappropriate order entitles the Seller not to accept the order.

The communication of the Order with the Seller is conditioned by the acceptance by the User of the Terms.

The order sent by the User may be accepted by the Seller within a maximum of two working days of receipt, by e-mail sent to the User, without requiring an acknowledgment of receipt from the latter. The issuance by the Seller of an acknowledgment of receipt of the order does not constitute an acceptance by the Seller of the order, the latter taking place exclusively under the conditions of this section.

The seller reserves the right to contact the User by telephone before confirming the order by e-mail, in order to verbally confirm the Order.

The acceptance by the Seller of the Order by e-mail constitutes the moment of conclusion of the Contract. The Seller does not at any time consider an order that has not been previously accepted as having the value of a Contract.

Because in the event of acceptance of the Order by the Seller, the order will also become mandatory for the Customer in respect to payment of the price and the corresponding obligations, we recommend that before sending the Order, you carefully check the data and information contained therein and carefully read the Terms. The customer is responsible for the correctness / conformity of the Order.

Before confirming the order by the Seller, the Customer has the possibility to cancel an order by sending to the Seller a request to this effect at one of the contact details indicated in the "Contact" section of the Platform or by the "Cancel Order" form available on the Platform.

Upon confirmation by the Seller of the Order, an Order may be canceled at no cost to the Customer, provided that the Products have not already been Delivered.

If the cancellation of the order takes place after the Delivery by the Seller of the Products but before their receipt by the Customer, the Customer has the obligation to bear the delivery costs advanced by the Seller, in which case they, said costs will be deducted from the price paid by the Customer, de difference following to be returned to the Customer at the time of return of the Products by the Carrier

If, for any reason, the Seller cannot fulfill the Order sent by the Customer, the Seller will inform the Customer about this aspect, as soon as possible, at the contact details indicated by the Customer, without this information constituting an Acceptance of the Order.

In such cases, the amounts paid by the Customer will be refunded by the Seller by the same means by which the payment took place, unless the issuer of the order does not specify otherwise.

The payment of the ordered products will be made by the Customer in advance, in the process of issuing the Order, by bank card, according to the options available on the Platform. The risks associated with the payment resides with the Customer.

Payment will be confirmed by the Seller, initially by e-mail sent to the address indicated by the Customer.

Based on the Order, the Seller will issue the fiscal invoice related to the Products and Services provided to the Customer, which will be communicated by e-mail to the contact address indicated by the Customer, following that a copy of the invoice will be included in the package to be delivered to the Customer.

Any amount paid by the Customer in excess of the Purchase Costs, or which is required to be returned to the Customer according to the Terms, will be refunded by the Seller to the Customer within a maximum of 14 days from the date of a written notification of the Seller by the Customer regarding the situation which imposes the refund, unless otherwise provided in the Terms. The refund will be made in the same way as the payment was made by the Customer unless the parties agree otherwise.

The Seller offers for sale the Products internationally. The Seller reserves the right to refuse an Order whose Delivery destination has inconveniences of any kind superior to the benefits of the execution of the Order. The absolute right to assess such situations belongs exclusively and uncensored to the Seller and may be manifested by the refusal to accept the Order.

The products ordered by the Customer will be Delivered within a maximum of 3 working days from the date of acceptance of the Order (maximum 5 working days from the date of the Order). Delivery to the Customer and transfer of ownership of the Products shall be deemed to have been made on the date of delivery of the package to the courier / carrier service provider.

If the Products are not Delivered by the Seller within the assumed time, the Customer has the right to choose between granting an additional shipping period in favor of the Seller and canceling the order. In case of cancellation of the order, the Seller will reimburse the Customer for the Purchase Costs of the Products.

The Seller will use his professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Products that meet the requirements and specifications of the Customer, within the realm of the offer of products published on the Platform, and will be responsible for the Delivery in accordance with the Terms.

The date of Receipt of the products by the Customer is conditioned by the shipping terms assumed by the courier / carrier service provider, depending on the destination.

The Seller will make every effort to present the estimated deadlines for receipt of the products by the Customer within the Platform, depending on the destination, but through this he does not assume any obligation of result. The Seller is not responsible for the length of time in which the Products are received by the Customer.

The availability of delivery methods for the Products is displayed on the Platform, availability which is conditioned by destination. The seller reserves the right to remove or add delivery methods, depending on its relationship with courier / transportation service providers.

If the Products are returned by the carrier / courier for reasons of impossibility of delivery (incorrect address, non-existent consignee, refusal of the consignee to pick up the package, failure of the consignee to pick up the parcel from the location indicated by the carrier / courier, non-payment by Customer of customs duties and / or other national duties, as the case may be and / or other similar reasons in effect), the Seller is entitled to consider the order canceled by fault of Customer.

In this case, the Seller becomes the owner of the Products, has the right to regain possession of them and has the obligation to reimburse the Purchase costs of the Products from which he will be entitled to deduce the transport costs paid by the Seller to the carrier / courier to return the Products (if any) as well as a penalty of 30% of the Purchase Costs, as a criminal clause for the non-fulfillment by the Client of the obligation to Receive the Products. The penalty does not apply in case of express cancellation of the order by the Customer after the shipment of the Products by the Seller, in which case the provisions regarding the Cancellation of the order after delivery become applicable.

Since the Products put up for sale by the Seller through the Platform are undergarment items that come into direct contact with the body of individuals, under the conditions of art. 16 par. e) of Romanian legal norm, the Government Emergency Ordinance no. 34/2014, constituting “, because there is no certainty that after unsealing the Products they have not been tested by the Customer or by the recipient of the acquisition, under the conditions of the Romanian law, the Customers do not benefit from the right of unilateral termination of the Contract and the correlative right of unjustified return of the Products, unless the Products intended to be returned have not been unsealed.

For situations in which, according to the Terms, it is allowed to terminate the Contract and return the Products, such a request from the Customer must be communicated to the Seller within a maximum of 14 days from the date the Customer came into physical possession of all Products included in a certain single order.

The procedural steps for returning the products, for the reasons allowed by the Terms, can be found on the Platform.

In case of exercise of the right of denunciation by the Customer, under the conditions allowed by the Terms, the Customer has the obligation to return the Products to the Seller, at his own expense, within 14 days from the moment of informing the Seller about the denunciation, following that the Seller will reimburse the Customer for the price paid, including, as the case may be, the delivery costs, within a maximum of 14 days from the denunciation, but not earlier than the receipt by the Seller of the Products returned by the Customer.

If the returned Products show indications that they have been unpacked, worn or tried on, the Customer agrees that the Seller has the right to qualify this situation as one not allowing the return, according to the Terms, in which case the Purchasing Costs will not be refunded to Client. In such a situation, the Customer has the right to receive back the Products returned to the Seller, but exclusively subject to the Customer bearing the transport costs related to the return.

If the delivered Products have defects or deficiencies in relation to the technical specifications presented in the Platform, the Customer has the right, in accordance with the terms of the Commercial Guarantee provided by the Seller, to return the Products at the expense of the Seller and request either the refund of the Purchase Costs or replacement of affected Products with compliant ones, at no additional cost.

The Seller provides the Customer with a commercial guarantee of 45 days from the date of Delivery for the purchased Products. In order to ensure the warranty, the Customer has the obligation to use the goods in accordance with the instructions contained therein or published by the Seller.

The guarantee is intended to assure the Customer on the following aspects:

a. The products comply in all material respects with their description and specifications.

b. The products have no manufacturing defects in design, material, and workmanship.

c. The products are of a satisfactory quality in relation to the description published by the Seller and correspond to the purposes for which they are commonly used.

The exercise of the rights conferred by the commercial guarantee will be carried out as follows:

1. The Customer has the obligation to inform the Seller about the apparent defects of the Goods within 24 hours of their delivery, by sending a written Notice to the Seller, through the Platform.

2. The customer will prove, by any means of proof, that the defects invoked existed at the time of delivery.

3. If the defects have occurred during the warranty period, the Customer has the obligation to notify the Seller in writing of their occurrence within 24 hours of finding the defects

4. The Customer will provide the Seller with the opportunity to verify the Products directly or indirectly, in order to confirm the defects and their causes and extent.

5. At the request of the Seller, the Customer will return the Seller's Products, bearing the shipping cost.

6. If the existence of defects is confirmed and they are subject to the commercial guarantee provided by the Seller, the Seller at the choice of the Customer will undertake one of the following actions:

i. Replacement of Products, at its cost, or

ii. Full refund of the Products Purchase Costs.

7. The Seller will fulfill its replacement obligations resulting from the commercial guarantee within a maximum of 15 calendar days from the time of return of the Products by the Customer. The obligations are considered fulfilled on the date of delivery of the replaced Products to the courier / carrier.

8. In all cases where the Client's claims are confirmed, the Seller will reimburse the Customer, the transport costs related to the return of the Products to the Seller and, as the case may be, will bear the transport costs after replacing the Products to the Customer.

9. In all cases where the defect of the Products is not covered by the commercial guarantee, aspect ascertained after the examination of the Products by the Seller, the costs of returning the Products to the Seller remain the responsibility of the Customer, following that, at the request of the Customer and on his expense, the originally purchased Products to be returned to him.

Seller's commercial warranty does not cover defects / damage caused to the Products in any of the following situations:

1. The products have been defected after the moment of Delivery, with intent or fault, by the carrier / courier;

2. The Customer continued to use the Products after notifying the Seller under the Commercial Warranty;

3. The Customer has modified, repaired or altered the Products;

4. The defect occurs as a result of normal wear and tear of the Products;

5. The defect is due to non-compliance with the instructions for transport, handling, use, maintenance or storage, as contained in the instructions of the Seller.

6. Damages are caused intentionally or through the fault of the Customer or third parties.

7. Non-compliance is minor.

The commercial guarantee is not applicable if the Products ordered are not tailored to the recipient of the purchase. The seller publishes on the platform information with the available sizes of the Products, indicating the corresponding size in alternative units of measurement, applicable to general reference systems around the world (cm. and inches), as well as instructions for performing body measurements for comparison with available measurements. The risk of ordering a wrong size of the Products belongs to the Customer and does not constitute a reason for return or replacement.

The warranty period is extended for any period during which the Products are in service under warranty. Under the conditions listed above, the Commercial Warranty covers any Products replaced under the Warranty.

The Seller does not guarantee that the Products comply with the purpose of use of Products assumed by the Customer, distinct from that resulting from the normal destination of the Products provided by the Seller, if such purpose was not brought to the notice of the Seller and assumed by him prior to Delivery.

The Seller is not liable to the Customer for any loss, liability or expense incurred by him, directly or indirectly, as a result of the Seller's supply of the Products, except for damages suffered by the Customer because of bad faith, willful negligence or gross negligence or serious professional misconduct on behalf of the Seller.

The Seller cannot be held liable for any damages that the Customer or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the Order and in particular for the loss of the Products.

Seller is not liable for death, personal injury, property damage or damage caused by intent or fault by Customer or third parties as a result of improper use of the Products.

Subject to the above, Seller is not liable to Customer for direct, indirect or circumstantial damages resulting from:

a. Any loss of profit, sales, business or revenue;

b. Loss of business opportunity or loss of anticipated profits;

c. Loss of anticipated savings;

d. Loss or damage to goodwill;

e. Loss of reputation or image;

f. Any other direct or indirect damages for which liability may be limited by law.

In accordance with the applicable law, in compliance with the above, when the Seller's liability is incurred, the obligation to indemnify the Customer extends exclusively and totally to the limit of all Purchase Costs actually paid by the Customer for the purchase of Products underlying the alleged damage, according to the contract.

When the Customer intends to invoke claims against the Seller, he has the obligation to notify the Seller within 30 calendar days from the date on which he knew or should have known of the existence of the cause of the damage. The indicated term represents a term of forfeiture of the Client's right to act against the Seller.

The notification will be sent to the Seller in writing, at the contact details provided, and will include the event generating the damage and the reasons for which the Seller is responsible.

The Parties are exonerated from liability for non-fulfillment, improper or delayed performance of the obligations arising from the Contract, caused by force majeure.

Force majeure, in relation to performance of the Contract, means any unforeseeable, irresistible act or event beyond the control of the Contracting Parties and which could not be prevented by the parties with all reasonable efforts, including acts of public authorities or institutions that affect, limit or make impossible the regular activity of the Parties affected.

In the event of a force majeure event affecting the performance of the obligations under the Contract:

a. The affected party shall notify the other party thereof as soon as possible, but not later than 3 days;

b. From the date of notification, the obligations of the affected party shall be suspended until the termination of force majeure.

c. If the force majeure lasts more than 30 days, either party may notify the other of the legal termination of the Contract.

d. In the event of termination of the Contract by reason of force majeure, the Party which has fulfilled its obligations shall be entitled to full repayment of benefits, without damages.

When the Terms refer to notification / communication / written request, the notions also include communication by e-mail or other electronic communication services, of the parties or provided by third parties, when such means have been priorly used or have been previously notified to the other party by the receiving party.

Any communication / notification between the parties will be made on the Contract Data in the Terms, respectively, communicated by the Client. The Seller may be contacted at other coordinates, if they have been provided through or by the Platform.

If the Communication is made by post, it will be sent with confirmation of receipt and declared content and will be considered received on the date of receipt stated by the receiving date mentioned on the receipt confirmation form.

If the communication is sent by email or other agreed means of electronic communication, it is considered to be received on the first working day after that on which it was sent.

Verbal notifications/communication shall not be considered by either Party unless they are confirmed by one of the means provided for in the preceding Articles.

The processing of any personal data falling within the scope of EU Regulation 679/2016, will be carried out by the Seller exclusively in the context of negotiating, concluding, and executing the Contract, to:

a. Concluding the Contract.

b. Invoicing and collection of the costs of purchasing the Products.

c. Delivery of Products.

d. Ensuring the commercial guarantee.

The Seller will not make promotional communications by e-mail unless the User / Customer has given his express consent to this effect by the means provided by the Platform or by any other written means of communication.

If the data subject agrees to the promotional communications, the data subject may withdraw his / her consent at any time, and the data processing will cease for the future.

Further details on how the Seller processes personal data are available in the Privacy and Personal Data Processing Policy, published on the Platform.

The contract between the Seller and the Customer ends in the following situations:

a. Upon the proper fulfillment of all obligations by the Parties.

b. In the event of its resolution by either party, under the conditions specified in the Terms, including in the event of cancellation of the order.

c. In other cases, provided by law.

The Party invoking a cause of termination of the provisions of the Contract has the obligation to notify the other party as per the Terms.

Except as otherwise provided in the Terms, termination of this Agreement shall have no effect on the obligations already performed or due by the Parties.

The provisions of this chapter do not remove the liability of the party who has guiltily caused the termination of the contract, engaged under the conditions specified in the Terms.

The contract between the parties is subject in its entirety to Romanian law and subsidiary applicable EU law. The parties agree that in all cases where international law requires the application of a reference rule, they shall refer to Romanian law.

Any disputes arising out of the conclusion, execution or termination of the Contract will be settled amicably by the parties, under the provisions of the Terms. In accordance with applicable law, customers can use the online dispute resolution platform available at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN .

If the Parties cannot resolve the dispute amicably within 30 calendar days from the initiation of the discussions or, as the case may be, from the date of termination of the online settlement of the dispute, either party has the right to address the competent courts in Romania, according to Romanian law. The parties agree that in all cases where international law requires the application of procedural rules of reference, they should refer to the Romanian procedural law.