Terms And Conditions

General Terms and Conditions of Therme București Online Store

 

Definitions

 

In these General Terms and Conditions of Therme București Online Store, hereinafter referred to as "General Terms and Conditions”, the defined terms shall have the following meaning:

 

Therme Nord București SRL or Provider or Personal Data Operator – Romanian legal entity, having its legal seat in Sibiu County, Str. Alexandru Vlahuță nr. 2, Sibiu, Romania, registered with Sibiu Trade Register under no. J32/55/2012, single registration code RO 28472550, project site in Balotești, Calea București, nr. 1K, Ilfov county.

 

Therme București – Centrul Spa (SPA Center) operated by Therme Nord București SRL in Balotești, Calea București, nr. 1K

 

Client – natural entity of minimum 18 years of age/ legal entity or any legal entity which (i) logs on to Therme București Online Store or (ii) creates an account on the Therme București Online Store and makes an order.

 

Order – an electronic document that occurs as a form of communication between the Supplier and the Client with which the Client notifies the Provider, by means of the website, with regard to its intention to purchase products and/or services from the Website.

 

Account – Website section that can be accessed with an e-mail address and a password that allow the Client to formulate and send an order and which includes information on the Client and Client's history on the Website (orders, fiscal invoices, etc.).

 

Contract – represents the remote agreement concluded between the Provider and the Client, without the concomitant physical presence of the Supplier and Client.

 

Content

includes the following:

 

  • all information on the Website that can be visited or otherwise accessed by means of electronic equipment, including, without being limited to texts, images, video records, audio records, texts, drawings, etc.;

 

  • the contents of each e-mail sent to the Client by the Supplier by electronic means and/or any other available means of communication;

 

Provider – Therme Nord București SRL

 

Contractual partners of the Provider - IT BUSINESS SOLUTIONS SRL, a Romanian legal entity, having its legal seat in Bucharest, str. Nicolae Caramfil , nr. 52-56, Bloc XXI C, parter, sector 1, registered with Bucharest Trade Register under no. J 40/9105/2000, fiscal code RO 13424954, GANTNER Electronic GmbH, a German legal entity having its legal seat in Montafonerstraße 8 A-6780 Schruns, Germany and Banca Transilvania.

 

Online Store – the online store operated by Therme Nord București SRL in a subsection of the Website – address: shop.therme.ro

 

Transaction – collection and/or return of an amount resulting from the sale of a product and/or service by the Provider to the Client, by the use of services provided by the card processor agreed by the Provider, regardless of the delivery method.

 

Website – www.therme.ro domain and related subdomains. 

 

  1. General

 

1.1.  Therme București Online Store is operated by Therme Nord București SRL, which can also act by means of external contractual partners in order to provide optimal services, in confidentiality and security conditions.

 

1.2.  All provided services and sales made to Clients by Therme Nord București SRL through the Therme București Online Store are performed exclusively based on these General Terms and Conditions.

1.3.  In order to benefit from the facilities of the THERME BUCUREȘTI Online Store, and to access the Website, you must read and accept the rules specified in these General Terms and Conditions. Should you disagree with any of the terms herein, please do not use the Therme București Online Store. When accessing the Website, as client of THERME BUCUREȘTI, you express your consent to the present General Terms and Conditions and undertake to  unconditionally observe all rules set below, which are presumed to have been read carefully by you. 

1.4.  In accordance with art. 41 of the New Civil Code, children under the age of 18 are not permitted to purchase products or services from the Website considering that the provision/delivery are not performed on the acquisition date. 

1.5.  All information used to describe products and/or services available on the Website (static / dynamic images / multimedia presentations / texts, etc.) does not represent a contractual obligation on behalf of the Supplier, as they are used for presentation purposes only. 

1.6.  By the establishment and use of the Account, the Client undertakes responsibility to maintain confidentiality of his Account data (user and password) and for the management of access to the Account, and is responsible for the activities performed by means of its account, to the extent allowed by the legislation in force.

1.7.  By the establishment of the Account and/or the use of the Account and/or placement of Orders, the Client expressly and unequivocally accepts these General Terms and Conditions of the Online Store in the latest updated version published on the Website, valid on the Account opening date and/or use of contents and/or Order placement. 

1.8.  Subsequent to the establishment of the Account, the use of the Account represents the acceptance of any amendments occurred to the General Terms and Conditions and/or any updated versions of the General Terms and Conditions. 

1.9.  These General Terms and Conditions can be amended at any moment by Therme Nord București, and they are binding for the Clients from the date of being posted on the Website. To confirm the acceptance of General Terms and Conditions, check the appropriate checkbox on the Website and/or send the Order and/or make an online payment. 

  1. Competent court and applicable law 

2.1.  The place of provision is established by the nature of the contractual obligation and, therefore, is the location of provision of services, specifically the project site Therme Nord București in Balotești, Romania. The place of payment is also the project site Therme Nord București in Balotești, Romania. 

2.2.  The applicable law of the contract executed between Therme Nord București and you is the Romanian Law. 

2.3.  In all circumstances, inclusively in case you don't have residence/legal seat in Romania/another EU Member State or you are not a consumer (you are a company, a PFA (registered sole trader) or another type of business) or you moved your stable residence after the coming into force of these general terms and conditions or your regular residence is not known when filing a claim, you agree that the exclusive court of jurisdiction for all litigations arising out of or in connection with this agreement is at the project site of Therme Nord București SRL in Balotești, Romania.

 

  1. Order and execution of the agreement

 

3.1.  The offers on the Online Store do not yet constitute an offer of binding legal force, but merely an invitation to the client to order our items in the Online Store, therefore to submit a purchase offer.

3.2.  For justified reasons, Therme Nord București reserves the right to restrict the Client's access for an Order and/or to some of the accepted payment methods, in case it is considered that the Client's conduct or activity on the Website may damage Therme Nord București in any way. In any of these circumstances, the Client may contact the Customer Relations Department of Therme Nord București, in order to be informed with regard to the reasons leading to the implementation of the measures above.

3.3.  Therme Nord București reserves the right to ask the clients for the manual entering of captcha validation codes, in order to protect the information on the Website. 

3.4.  In the Online Store, the client may select particular services/products to order by selecting the "Add to cart” button and, if necessary, correct information by selecting various buttons on the "Shopping cart” page. With a click on the "Go to the cash desk” button, the client goes to the payment process. Here, the client can enter their residence address, their invoicing address and select the payment method. On the last page of the order process, the client is once again shown the contents of their order and the selected items, their invoicing address, together with the delivery and payment method. On this summary page, the client is still allowed to make amendments, and afterwards the Client must confirm reading the General Terms and Conditions of Therme Nord București SRL. With regard to the purchase agreement for some products and/or services, your final consent expressed by a click on the ”Order” button generates a purchase offer submitted by you to the company that manages THERME BUCUREȘTI, for the provision of services, according to these General Terms and Conditions of Therme București Online Store. 

3.5.  Therme Nord București may cancel the order submitted by the Client, following a prior notification submitted to the Client, without any subsequent obligation of one party to the other and without any of the parties being allowed to claim damages from the other in the following circumstances:

(i)       the rejection of the Client's card, of the Transaction, by the issuer bank, in case of online payments; 

(ii)      invalidation of the Transaction by the Therme Nord București SRL card processor, in case of online payments; 

(iii)     data provided by the client in the Online Store are incomplete and/or inaccurate; 

(iv)     fraud and other reasons stipulated by the law.

 

3.6.  Following the Client's submission of the order, the Therme Nord București Website notifies the Client with regard to the order details. The notification received by the Client, following the performance of the order, is for notification purposes only and does not represent an acceptance of the order. This notification is electronic (display or e-mail).

3.7.  Therme Nord București shall send  n e-mail to the Client including all details of the Order and the confirmation of Order acceptance by Therme Nord București. The contract is considered concluded between the Client and Therme Nord București when the Client receives the Order acceptance and delivery notice by electronic mail. 

3.8.  The purchase of entry tickets, gift cards or cards entitle you to use the services and purchase the products offered by Therme Nord București SRL in Therme București site, located in Balotești, Romania. Entry tickets, gift cards and cards are not nominal. 

3.9.  Except for the ticket with a date reservation, the purchase of the ticket/gift card/card does not provide any warranties as to availability of services at any time but entitles you to benefit from services subject to availability!

3.10.  By the purchase of the ticket/gift card/card, as a visitor of THERME BUCUREȘTI (either indoor, or in adjacent spaces, including the parking lot), you express your consent to the ”Internal regulations and use of swimming pools” rules, available at http://therme.ro/termeni and undertake the unconditional observance of all rules stipulated in the mentioned Regulation. Your consent expressed by a click on the "Pay” button and the subsequent access on Therme București premises generates a contract between you and the company that manages THERME BUCUREȘTI, according to the conditions of the specified Regulation. 

  1. Delivery 

4.1.  Therme București Online Store does not deliver tickets, gift cards or cards in physical format. Tickets and gift cards are sent to the Client in electronic format, via e-mail, and cards can be picked up at the cash desks of Therme București Spa Centre. 

  1. Payment 

5.1.  All prices are final and include legal VAT. Valid prices of the Online Store are those displayed when placing the Order. 

5.2.  The order shall be paid by Master Card or Visa Card by means of the PayU System.

5.3.  Data on the payment card used by the Client shall not be stored by Therme Nord București or by the payment processor implemented on the Website.

5.4.  Under particular circumstances, for Transaction security reasons, when registering the Order, the Client shall be requested to authorise payment by re-entering the Account password. 

5.5.  For Transaction security reasons, the Client is advised to refrain from remaining logged on the Website and setting the automated logging in option on mobile devices. The disclosure of the access password is not allowed and it is recommended to use a strong password (e.g.: to include at least eight characters, including uppercase, lowercase, numbers and special characters). The password should not include personal data of the Client or of the members of their family, personal data previously published by the Client online/on the Internet. 

5.6.  Until full payment, products shall remain the property of Therme Nord București SRL.

5.7.  Therme Nord București shall issue to the client an invoice for the purchased products/services. The client must provide all information required to release the invoice according to the legislation in force. The invoice is issued and sent to the Client in electronic format. For the proper submission of the Order invoice, the Client must update data in its Account whenever necessary and check the information related to each Order. 

5.8.  In case of online payments, Therme Nord București SRL is not/cannot be held responsible for any additional costs incurred by the Client, including, without being limited to exchange commissions applied by the issuer bank of the Client's card, in case the currency of the card is different from RON.

 

  1. Withdrawal rights

 

6.1.  Clients who are also consumers are legally entitled to withdraw from the agreement executed with Therme Nord București SRL according to the law. 

6.2.  If the provision of services commenced in the withdrawal period, you owe us an amount proportional to the services provided until the moment of notification of the exercise of the right to withdraw from this agreement, compared to the total coverage of the contract. 

6.3.  The withdrawal rights can be exercised within the following periods:

within 14 days following the execution of the agreement (namely from the receipt of confirmation on order acceptance from Therme Nord), in case of acquisition of services (namely entry tickets, gift cards or cards); 

6.4. In order to exercise your withdrawal rights, please notify us at the address in Balotești, Calea București, nr. 1K, Județ Ilfov or at webshop@therme.ro with regard to your decision to withdraw from this contract, using an unequivocal statement, for example, a letter sent via mail or e-mail. In order to exercise the withdrawal right, the client has the possibility to use the form made available by Therme Nord București SRL at this link - however, it is not mandatory to use this form. In order to observe the withdrawal deadline, it suffices to send the notification on the exercise of the withdrawal right prior to the expiry of the withdrawal period.

6.5. In case of exercise of the withdrawal right, the consumer must also return the potential gifts that accompanied the respective ticket/gift card/card.

6.6. In case of exercise of the withdrawal right, cards/entry tickets/gifts cards are cancelled by Therme Nord București.

6.7. Should you withdraw, we shall return any amount received from you, without unjustified delay and, in any way, not later than 14 days from the date when we become informed of your decision to withdraw from the present agreement. We shall perform this repayment using the same payment method as the one used for the original transaction, unless you expressly gave your consent to another repayment method; under any circumstances, you shall not be charged any commissions as a result of such repayment.

 

6.8. The client is not entitled to withdraw from the Agreement in the following circumstances:

they used the card, entry ticket or gift card;

other circumstances stipulated by the law.

 

  1. Liability for faults. Warranty

 

7.1. All products marketed by Therme Nord București SRL benefit from legal warranty.

 

  1. Rights over the contents of the Website

 

8.1. The contents of the Website, including logos, styled representations, trade symbols, static images, dynamic images, text and/or multimedia content, video and/or audio recordings are the exclusive property of Therme Nord București SRL.

8.2. The Client can copy, transfer and/or use the Contents solely for the purpose of using the Website according to intended use.

8.3. The Client is not permitted to use the Content in any way which is not expressly intended or permitted by Therme Nord București SRL. Thus, the Client is not entitled to copy, distribute, publish, transfer to third parties, amend and/or alter the Content. The client is not entitled to include the Contents or parts thereof or link it to or expose it in any other context than the original context intended by Therme Nord București SRL. The Client is not entitled to remove the marks that indicate the copyright over the Contents and is not entitled to transfer, sell or distribute materials made by the reproduction, modification or display of the Content, other than with the Provider's express written approval.

8.4. No Contents sent to the Client, regardless of means of communication (electronic, by phone, etc.) or acquired by the Client by access, visit and/or visualisation generate particular contractual obligations for the Provider. Contractual obligations of the Supplier are stipulated in the present General Terms and Conditions and order confirmation documents sent to the Client. 

8.5. It is prohibited to use the Content for other purposes than those expressly allowed by the present General Terms and Conditions.

  

  1. Processing of personal data

 

In accordance with the requirements of Law no. 677/2001 on the protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data, as amended and supplemented, and of Law no. 506/2004 on the processing of personal data and protection of private life in the field of electronic communications, Therme Nord București S.R.L. must use your personal data in safety conditions and solely for the specified purposes.

9.1. Therme Nord București SRL, as personal data operator, processes personal data provided by you directly, with mixed means, according to these General Terms and Conditions, as it is an operator exempted from the obligation of notification the processing of data for providing services/products, including for contracting and invoicing, according to the Decision of the Chairman of A.N.S.P.D.C.P. (The National Supervisory Authority For Personal Data Processing) no. 200/2015. 

9.1.1. Therme Nord București SRL is a personal data operator registered in the General ledger of processing of personal data under no. 37012, for processing personal data by mixed means, for advertising, marketing, and publicity purposes. 

9.2. When providing the personal information and/or data, upon the establishment of the Account, the Client expressly agrees that the personal data disclosed shall be collected and subsequently processed (stored and used) by Therme Nord București SRL, directly or by contractual partners, proxies and/or their subcontractors), both in order to benefit from the purchased products/services, and for advertising/marketing/publicity purposes. 

Collection and processing of data, including in the online environment, shall always be in strict accordance with legal provisions related to the protection of personal data. 

9.3.  Personal data processing principles; data confidentiality and security:•

 

  • Legal basis. Processing of personal data shall be performed on the ground of and in accordance with legal provisions. Processing of personal data is performed according to the General Terms and Conditions, with the observance of applicable legislation and, when necessary, with the express and unequivocal consent of the targeted person for that specific processing.

 

  • Limitation of purposes. Any processing of personal data shall be for determined, explicit and legitimate purposes.
  • Proportionality. Processed personal data shall be adequate, pertinent and non-excessive, with regard to the purpose of collection and subsequent processing;
  • Confidentiality. The internal organisation and operation regulations of the Operator include regulations on information confidentiality. Personal data collected and subsequently processed shall be dealt with in confidentiality conditions.
  • Security. Technical security measures for personal data are established to provide an appropriate level of security for the processed personal data.

 

9.4. In accordance with Law no. 677/2001 on the Protection of Individuals with Regard to the Processing of Personal Data and the Free Movement of Such Data, the Client has the following rights with regard to its personal data processed by the Supplier, as personal data operator:

- the right to obtain from Therme Nord București, upon demand and free of charge, for one request a year, the confirmation whether personal data are being processed or not;

- the right to obtain from Therme Nord București SRL, upon demand and free of charge, the rectification, update, blocking or deletion of data which have not been processed according to Law no. 677/2001, particularly of incomplete or inaccurate data, inclusively following the notification of third parties to whom such data have been disclosed, as applicable;

- the right to obtain from Therme Nord București, upon demand and free of charge, the transformation in anonymous data of data which have not been processed according to Law no. 677/2001, including the notification of third parties to whom such data have been disclosed, as applicable;

- the right to oppose, at any moment, for legitimate and grounded reasons, that data regarding you are the subject of processing, unless there are legal dispositions to the contrary; in case of justified opposition, the respective data cannot be processed;

- the right to oppose, at any moment, free of charge and without any justification, personal data being processed for direct marketing, on behalf of the operator or a third entity, to be disclosed to third entities for such reasons;

- the right to not be subject to individual decisions;

- the right to go to court and/or to the National Supervisory Authority to protect any rights warranted by Law no. 677/2001, which have been defaulted;

  

9.6. In order to exercise your rights, you must file a petition in writting, dated, and signed and send it to Therme Nord București: e-mail webshop@therme.ro or at the physical address: Therme Nord București SRL, Balotești, Calea București, nr. 1K, Județ Ilfov. Therme Nord București shall submit an answer to your petition within 15 days.

 9.7. Security of personal data: Therme Nord București certifies that it is compliant with the minimum security conditions of personal data processing. Therme Nord București uses proper security methodologies and technologies, together with policies applied to employees and work procedures, to protect personal data collected according to legal provisions in force. The internal organisation and operation regulation of Therme Nord București includes rules on the confidentiality of personal data processed within the institution. The staff of Therme Nord București is trained with regard to security and confidentiality of processed personal data. Access to databases is allowed only to persons authorised to that end. 

 

  1. NEWSLETTERS

10.1. In case you agree to receive newsletters from the Provider, they shall be transmitted directly by the Provider by means of specialised agents agreed by the Provider. This ensures confidentiality and security of information.

10.2. You are entitled to discontinue the receipt of newsletters from the Supplier using the special link included therein or by sending an application to webshop@therme.ro.

 

  1. Terms of use of Gift Card THERME

 

 11.1. Gift Card Issuer. Regulation

The issuer of Gift Card Therme is Therme Nord București SRL, having its legal seat in Sibiu, Str. Alexandru Vlahuță nr. 2, cam. 1, registered with the Trade Register under no. J32/55/2012, with single registration code and fiscal attribute RO 28472550 . 

By the purchase of the gift card, as a visitor of THERME BUCUREȘTI (either indoor, or in adjacent spaces, including the parking lot), you express your consent to the ”Internal regulations and use of swimming pools” rules, available at http://therme.ro/termeni and undertake the unconditional observance of all rules stipulated in the mentioned Regulation. Your consent expressed by a click on the "Pay” button and the subsequent access on Therme București premises generates a contract between you and the company that manages THERME BUCUREȘTI, according to the conditions of the specified Regulation.

 

11.2. What is a THERME Gift Card.

The Therme Gift Card is a prepaid card (price collected in advance) which can be used exclusively to purchase any product within the Therme Nord Bucuresti centre (entry ticket, food, beverages, etc.).

 

A Therme Gift Card is not nominal and it is not a credit card.

 

11.3. Validity

Therme Gift Card is valid for 2 years following the last addition of money.

 

11.4. Gift Card types

 

Therme Gift Card can be purchased at the following values:

 

Therme Gift Card loaded with RON 100 - acquisition value of RON 100

Therme Gift Card loaded with RON 200 - acquisition value of RON 200

Therme Gift Card loaded with RON 400 - acquisition value of RON 400

Therme Gift Card loaded with RON 1000 - acquisition value of RON 950

Therme Gift Card loaded with RON 2000 - acquisition value of RON 1800.

Therme Gift Card loaded with RON 5000 - acquisition value of RON 4375.

 

Therme Gift Card has 0% VAT.

 

11.5. Gift Card use

 

Therme Gift Card is used by the purchase of products/services exclusively within premises of Therme București. The card can be used multiple times, until the entire amount is spent. The card can be reloaded and reused during the validity period.

The purchase of the gift card does not provide any warranties as to availability of services at any time but entitles you to benefit from services subject to availability!

For the payment of a single order for tickets/products/services, a single Therme Gift Card can be used (two or more cards cannot be used for the payment of a single receipt for Therme București tickets/products/services ). In case the tickets/products/services purchased exceed the value available on the card, the visitor shall cover the difference by one of the other payment methods allowed by Therme București: cash or card.

A Therme Gift Card cannot be redeemed (the amount paid for it cannot be returned).

A visitor of Therme București can use multiple cards provided that such cards are used for different orders, with different receipts.

 

  1. Other

 

12.1. In case you do not use the complete amounts available on gift cards, the remaining balance shall not be returned. Gift cards cannot be redeemed or used for compensation.

 

12.2. Cards, gift cards and tickets purchased in the Online Store can only be used in their validity period.

 

12.3.  In case that General Terms and Conditions become null and void in part or in whole, the rest of contractual provisions remain valid.