General Terms and Conditions of Therme București Website and 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, 2 Strada Victor Hugo, building C1, Office 1, 1st floor,, 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:
Provider – Therme Nord București SRL
Contractual partners of the Provider – SPARK RADIANCE S.R.L., Romanian legal entity, headquartered in Sibiu County, Șelimbarului Street, No. 20, room 2, Cisnădie, registered at the Sibiu Trade Register under no. J32/459/2018, having the fiscal number: RO 39140190
Online Store – the online store operated by Therme Nord București SRL in a subsection of the Website – address: www.therme.ro/shop
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. The 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. By providing your data, creating your account or making an order, 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 is 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 the responsibility to maintain the 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 that occurred to the General Terms and Conditions and/or any updated versions of the General Terms and Conditions. The processing of personal data is made in accordance with the Privacy Policy and its subsequent updates in compliance with the applicable law.
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.
2. 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 and European Law applied in Romania.
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.
3. 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, by selecting the "Buy tickets" button, the client can order particular services and products by selecting the necessary details such as date of visit, areas to visit, duration of visit, type of the tickets and number of guests. The next step requires adding the products to the shopping cart where all the selected products appear and where the Client can make the final changes. At this step, the Client has the possibility to log in to the My Therme account or to continue the ordering process without logging into the account. The next step requires entering the identification and contact details (first name and last name, telephone number, e-mail address, data required for invoicing). Before the final step and sending the order, the clients must agree to the Terms and Conditions of the Online Store as well as to the Privacy Policy. After this step, the customer is sent to the next step for the payment process. The order is confirmed by sending an e-mail to the client (using the e-mail address provided by him), which contains all the details of the products and services purchased. With regard to the purchase agreement of the products and/or services, your final consent, expressed by confirming the order and making the payment, 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 an 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 Therme 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. It is forbidden to resell entrance tickets, gift cards, Therme cards or to offer them to third parties for resale.
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/ Therme 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 https://www.therme.ro/rules-regulations and undertake the unconditional observance of all rules stipulated in the mentioned Regulation. Your consent expressed by confirming the order and making the payment 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.
4. Delivery
4.1. The Online Store does not deliver tickets, gift cards or Therme 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.
5. 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.
6. 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), but no longer than the date of the reservation of the ticket (the date of visit).
6.4. In order to exercise your withdrawal rights, you can use the withdrawal option from your My Therme account, by accessing the section: “My orders/ Do you need help? / I need a refund”. In case of not having a My Therme account, you may send us your request through e-mail, at webshop@therme.ro, regarding your decision to withdraw from this contract. 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, Therme cards/entry tickets/gifts cards are canceled 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. 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:
a) they quit one or more tickets of the special offers;
b) they have used partially or entirely the purchased services or products from order;
c) other circumstances stipulated by the law.
6.9. From time to time, the Management of Therme Bucuresti reserves the right to decide, at its sole discretion, to allow the clients to replace the unused ticket purchased online, even after the legal 14 days time limit. In such a case the ticket shall be replaced with an access voucher of the same value. The clients will be informed at the cash registers regarding the conditions and availability of these facilities.
7. Liability for faults. Warranty
7.1. All products marketed by Therme Nord București SRL benefit from legal warranty.
8. 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 the 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.
9. Processing of personal data
9.1 In accordance with the requirements of General Data Protection Regulation no. 679/2016 on the protection of natural person with Regard to the Processing of Personal Data and the Free Movement of Such Data, Therme Nord București S.R.L. shall use the clients’ personal data in safety conditions and solely for the specified purposes.
9.2. Therme Nord Bucuresti provides you detailed information about personal data processing in the contexts of using the Website and the Online Store, in its Privacy Policy.
10. Terms of use of Therme’s cards (Gift card and Therme Card, hereinafter referred as “The cards”)
10.1 The Cards Issuer. Regulation
The issuer of the Cards is Therme Nord București SRL, having its legal seat in Sibiu, 2 Strada Victor Hugo, building C1, Office 1, 1st floor, registered with the Trade Register under no. J32/55/2012, with single registration code and fiscal attribute RO 28472550 .
By the purchase of the Cards, 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 https://therme.ro/rules-regulations and undertake the unconditional observance of all rules stipulated in the mentioned Regulation. Your consent expressed by finalising the payment process 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.
10.2. What are the Cards?
The Gift Card and Therme Card are prepaid cards (price collected in advance) that can be used exclusively to purchase any product within the Therme Nord Bucuresti centre (entry ticket, food, beverages, etc.).
The cards are not nominal and they are not credit cards.
10.3. Validity
The rights conferred by the Gift Card upload have a validity of 2 years.
Subsequent recharges do not extend the period of validity of the credits originally loaded.
10.4. Gift Card types
Therme Gift Card can be purchased at the following values:
The Cards have 0% VAT.
10.5. The using of the Cards
is The Cards are used for 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!
One or more Therme cards can be used to pay for a single order of tickets/products/services. If the tickets/products/services used exceed the value on the card, the visitor will pay the difference using one of the other payment methods allowed in Therme Bucuresti (cash or credit card).
The Cards 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.
11. Other
11.1. In case you do not use the full amounts available on the Cards, the remaining balance shall not be returned. Gift cards cannot be redeemed or used for compensation.
11.2. Cards and tickets purchased in the Online Store can only be used in their validity period.
11.3. In case that General Terms and Conditions become null and void in part or in whole, the rest of contractual provisions remain valid.
12. Reserving sunbeds in the Galaxy Horizon+ Area
Customers of Therme București have the possibility to rent sunbeds, for a fee, exclusively in the Galaxy Horizon+ area, subject to availability. Access to the Galaxy Horizon+ area is allowed only for customers who have rented sunbeds.
The rental fee can be paid at the cashier area or online, with allocation done through a computerized system. Customers can identify their sunbed using the number on their receipt. Once assigned, the spot cannot be changed.
12.1. Refund Requests
Therme București is visited daily by thousands of customers. Therme București informs customers in advance about the occupancy rate and allows them to choose a date or period for their visit.
Due to the need for predictable customer visits, customers do not have the right to withdraw from remote contracts as per Government Emergency Ordinance no. 34/2014 on consumer rights in contracts with professionals. Therefore, online payments for tickets, Value Cards, Gift Cards, or sunbed rentals in the Galaxy Horizon+ area are non-refundable, in accordance with Article 16, Paragraph 1, Letter L of the mentioned ordinance.
However, in certain justified situations and if the refund request is submitted at least 48 hours before the service date, Therme București may, at its sole discretion, decide to refund online payments.
For sunbed rentals in the Galaxy Horizon+ area, unfavorable weather is not considered a justified reason for a refund.