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. 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 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. The processing of personal data is made in accordance with the Privacy  Policy  and its subsequents 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. 

 

  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://www.therme.ro/en/regulations/  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:

  1. a) they used the card, entry ticket or gift card;
  2. b) they used some of the services from order;
  3. c) other circumstances stipulated by the law.

 

6.9. From time to time, the Management of Therme 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.

 

  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

 

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, as amended and supplemented, Therme Nord București S.R.L. must use your personal data in safety conditions and solely for the specified 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 or processors, proxies and/or their subcontractors), in order to help Therme Nord Bucuresti fullfiling the purposes.

 

In general, the purpose of processing is  to manage the  comercial relationship with the Customer and the fulfillment of legal obligations, in particular, the creation and administration of the account, invoicing, chargeback,  order management, etc.

 

Categories of personal data that are collected  and processed  in order to fulfill the purposes are: name and surname, e-mail address, billing address,  order history, and other information such as: phone number,  banking account, signature, send by the Client to  Therme employees  by e-mail, for solving the requests.

 

Other personal data may be required to the Customer if necessary for the fulfillment of the stated purposes.

 

 

9.3  The retention period  for personal data will be established  in accordance with the purpose for which they are required. Higher retention periods up to 10 years may be set, in accordance with legal requirements in tax matters to meet legal obligations or defend the legitimate interest of Therme Nord Bucuresti . 

 

 

9.4  Under the terms of the legislation concerning the processing of personal data, in your capacity as data subject, you benefit from the following rights:

 

Right to information, i.e. a right to receive details on the processing activities carried out by Therme Nord Bucuresti , as described in this document;

 

Right of data access, i.e. a right to obtain confirmations from Therme Nord Bucuresti on the processing of your personal data, as well as details on processing activities, such as the manner in which data is processed, the purposes for which data is processed, the recipients or categories of recipients of data etc.;

 

Right to rectification, i.e. a right to obtain the correction by Therme Nord Bucuresti, without unjustified delays, of inaccurate/unjustified personal data, as well as the supplementing of incomplete data; such rectification/supplementing will be communicated to each recipient to which the data was transmitted, except for situations where this proves to be impossible or requires disproportionate efforts.

 

Right to data erasure, with no unjustified delays, („right to be forgotten”), in cases where one of the following reasons applies:

 

          -   the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

  • -  you withdraw your consent, and there is no other legal ground for the processing;
  • -  the data subject objects to the processing, and there are no overriding legitimate grounds for the processing;
  • -  the personal data have been unlawfully processed;
  • -  the personal data have to be erased for compliance with a legal obligation;
  • -  the personal data have been collected in relation to the offer of information society service sunder the Union or Member State law to which the controller is subject.

 

Therme Nord Bucuresti, following a data erasure request, may anonymize such data (thus depriving them of their personal character) and may continue the processing under these terms for statistical purposes;

 

Right to restriction of processing, to the extent that:

 

  • -   the accuracy of the personal data is contested by the data subject, for a period enabling us to verify the accuracy of the personal data;

           -   the processing is unlawful and the data subject opposes the erasure of the personal -  data and requests the restriction of their use instead;

  • -   the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims; or
  • -  the data subject has objected to other than for direct marketing purposes pending the verification whether the legitimate grounds of the controller override those of the data subject.

 

Right to data portability, i.e. (i) right to receive the personal data in a structured, commonly used and machine-readable format, and (ii) the right to have such data transmitted by Therme Nord Bucuresti to another data controller, to the extent that the requirements set by law are met;

 

Right to object – in respect of processing activities, this right can be used by transmitting a request as described below;

 

  • - at any time, on grounds related to his or her particular situation, to the processing of personal data concerning him or her carried out based on the legitimate interest of Therme Nord Bucuresti or based on a public interest, except for cases where Therme Nord Bucuresti demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defense of legal claims;
  • - at any time, free of charge and with no justification, to the processing of data concerning him or her for direct marketing purposes.

 

Right not to be subject to a decision based solely on automated processing, i.e. a right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her;

 

 

Right to address the National Authority for Personal Data Processing Supervision or the courts of jurisdiction, to the extent that you find this necessary, directly on the Authority’s website www.dataprotection.ro.

 

9.5. In order to exercise the rights, the Client must must file a petition in writting, dated, and signed and send it to Therme Nord București: e-mail dataprotection@therme.ro or at the physical address: Therme Nord București SRL, Balotești, Calea București, nr. 1K, Județ Ilfov. Therme  Data Protection Officer shall submit an answer to the petition within 30 days.

 

 9.6. To obtain detailed information about  Privacy Policy you can acces, in any moment,  the following link:  http://www.therme.ro/en/gdpr/

 

  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 informations.

 

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 dataprotection@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://www.therme.ro/en/regulations/ 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

 

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.

 

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.