Refund and Returns Policy

RETURN AND REFUND POLICY

Information

Return Policy / Withdrawal from Contract

For Sahara Essence products purchased online from www.saharaessence.io

This procedure establishes the necessary contractual framework regarding the withdrawal from purchase of products acquired from the website www.saharaessence.io, owned by Sahara Essence, operating in Romania and Kuwait.

Sahara Essence customers can return products purchased from www.saharaessence.io, in accordance with the terms and conditions of return set forth in this procedure.

We inform you that, for distance contracts or contracts concluded outside commercial spaces, if you wish to withdraw from purchase by requesting the return of one or more products purchased from www.saharaessence.io, you expressly and unequivocally agree to fully accept the provisions of this product return procedure. This service does not in any way limit the rights that buyers are entitled to under the applicable legal provisions, including the right of withdrawal provided by O.U.G. no. 34/2014 regarding consumer rights in contracts concluded with professionals.

1. Return Period for Sahara Essence Products

Products purchased from www.saharaessence.io can be returned within 14 calendar days from receipt, without stating reasons. The 14 calendar day period is calculated:

• From the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the goods;
• In the case where the consumer orders through a single order multiple goods that will be delivered separately, from the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the last good;
• In the case of contracts for periodic delivery of goods over a determined period of time, from the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the first good.

Returns of products sent after the expiration of this period are not accepted.

2. Conditions Regarding the Withdrawal/Return Procedure

To exercise the right of withdrawal/return, in accordance with the provisions of art. 11 para. (1) of O.U.G. no. 34/2014, before the expiration of the withdrawal/return period, the consumer/order recipient must expressly inform Sahara Essence regarding their decision to withdraw from the contract, using an unequivocal statement sent to the email address: info@saharaessence.io

For this purpose, you may also use the withdrawal/return form attached to this return procedure.

Exercise of the right of withdrawal terminates the obligations of the contracting parties to execute/conclude the distance contract or outside the commercial space, with the following provisions:

• Products that the buyer intends to return must be in their original packaging, sealed and in a condition that allows them to be resold, without physical/aesthetic modifications, blows, scratches, mechanical shocks, etc. Return cannot be accepted if products are unsealed, defective, used, or improperly packaged;
• Returns of products unsealed by the customer are accepted only if the product(s) purchased are non-conforming (for example: it has a hidden defect, manufacturing defect, such as: non-conforming content; the container of a product shows signs of deformation from manufacturing; the spray mechanism of a perfume cannot spray the content, etc);
• If the buyer has benefited from a special offer, receiving promotional products/gifts alongside the purchased product(s), they must return all products received, including promotional/gift products. If all promotional/gift products received are not returned, the return will not be accepted;
• If the buyer benefited from a special offer through online purchase from saharaessence.io, which allowed them to purchase one or more products offered in exchange for their order or to receive free promotional samples, it will be considered that through return, they are no longer eligible to benefit from that offer or those samples;
• In the case of returning products purchased in a promotional campaign or based on a promotional coupon/code, made after the end of the respective promotional campaign or after using the discount coupon/code, the customer/buyer will be refunded the amount they actually paid for the returned product;
• In the case of promotions where the discount is obtained on condition of purchasing multiple products, return equals the buyer’s renunciation of the promotion, regardless of the return period. In this situation, return is possible only on condition that the customer returns all products whose purchase gave them the right to participate in the promotion;
• Products can be returned only if they are in the same condition as delivered (they must contain all accessories with which the product was delivered, as well as instructions, with no signs of use). Failure to meet the above conditions means that Sahara Essence cannot comply with the withdrawal/return request.

Exchange of products purchased on promotion, made after the end of the respective promotion or products purchased based on a discount coupon/code is possible only by replacement with a product of the same type, with the same price (the price actually paid by the buyer/customer), which may differ only in size, color, or model.

Return of products will be made only based on attachment of a copy of proof of purchase, namely the fiscal invoice.

3. Products Not Accepted for Return (Exceptions to Withdrawal Right)

The following conforming products cannot be accepted for return:

• Those that have been unsealed after delivery, which cannot be resold, which can no longer be returned for reasons of hygiene or health protection (for example: care products, makeup, perfumes, etc.);
• Those that present physical/aesthetic modifications or other deficiencies attributable to the consumer;
• Those that have been manufactured/produced according to consumer specifications or clearly personalized.

Therefore, the buyer acknowledges that they will not be able to invoke their contractual right of withdrawal and return with respect to conforming products unsealed by them.

Likewise, the Buyer acknowledges that they will not be able to invoke their contractual right of withdrawal and return for products personalized at their request.

4. Withdrawal/Return Procedure for Purchases from www.saharaessence.io

The buyer or, as applicable, the order recipient, to exercise the right of withdrawal, must expressly inform Sahara Essence at the following contact details: info@saharaessence.io regarding their decision to withdraw from this contract, using an unequivocal statement to this effect.

The buyer may complete and submit the standard withdrawal form made available by Sahara Essence. To comply with the withdrawal deadline in accordance with legal provisions, the buyer returns/hands over to the professional or a person authorized by the professional to receive products, without unjustified delay, within the period indicated above. Any non-compliance with the provisions contained in this return procedure leads to the buyer’s forfeiture of the right to return products, Sahara Essence being fully entitled to refuse such a return.

Under art. 13 para. (2) of O.U.G. no. 34/2014 regarding consumer rights in contracts concluded with professionals, the consumer understands and expressly consents that refund of amounts will be made exclusively by bank transfer, in which sense they undertake to provide Sahara Essence with the details of a bank account for money transfer. In any case, the Consumer will not be charged commissions as a result of such refund. The money return process is 14 days from receipt and validation of product conformity at the warehouse.

Based on the provisions of art. 13 para. (3) of OUG no. 34/2014, the consumer understands and expressly consents that additional delivery costs will not be refunded if they chose another delivery method than the cheapest type of standard delivery offered by Sahara Essence.

If the consumer does not request return of the money paid, but requests product replacement/exchange, after Sahara Essence ascertains that the return request is eligible (analyzing the situation/condition of the product), the consumer has the possibility to opt for one of the following options:

• Replacement with an identical product from saharaessence.io (same type of product, same quantity, etc.), which has the same economic value as the returned product, at the time of purchase, provided it is in stock;
• Replacement with a different product from saharaessence.io, which has the same economic value as the returned product, at the time of purchase, provided it is in stock.

Products that the consumer intends to return will be shipped by the buyer to Sahara Essence, at the address: [WAREHOUSE ADDRESS TO BE COMPLETED]

Direct costs related to return of goods will be borne by the consumer.

Parcels (returns) that are sent cash on delivery will be sent back to the consumer, and the return will not be completed.

You can send the parcel through a courier company (e.g., Cargus, FanCurier) to the address indicated above. If you have questions or concerns, please contact us by email at info@saharaessence.io or by phone at [PHONE NUMBER TO BE COMPLETED].

5. Procedure for Non-Conforming Products

In case of non-conformity of the purchased goods, Sahara Essence undertakes to comply with legal provisions in force, including OUG 140/2021, which implements the provisions of Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods.

The seller is liable to the Buyer for any non-conformity that exists at the time of delivery of products and which is found within one year from that date.

Products are considered conforming to the concluded contract if they:

• Comply with the description, type, quantity and quality and possess the functionality and other characteristics provided in the sales contract;
• Correspond to the special purpose for which the consumer requests them, which the consumer brought to the seller’s knowledge at the latest at the time of conclusion of the sales contract and which the seller accepted;
• Correspond to the purposes for which goods of the same type would normally be used;
• Possess the quality and correspond to the description of a sample or model that the seller made available to the consumer before conclusion of the contract;
• Are delivered together with accessories, including packaging, installation instructions or other instructions that the consumer can reasonably expect to receive;
• Comply with the quantity and possess qualities and other characteristics, including in terms of durability, functionality, compatibility and safety, which are normal for goods of the same type.

Non-conformity is not considered to exist if at the time of purchase the Buyer knew or could reasonably have known of the product’s lack of conformity.

If product non-conformity is found shortly after delivery, not exceeding 30 calendar days, the buyer/customer may opt for:

• Bringing into conformity, through repair or replacement of the product with another identical product or with other products having the same economic value as the returned product, at the time of purchase, provided it/they are in stock, except where the chosen corrective measure would be impossible or would impose on the seller costs that would be disproportionate compared to the other available corrective measure;
• A price reduction proportional to the decrease in value of the purchased goods compared to the value the goods would have if they were in conformity;
• Refund of the product value, which as a rule will be made on the spot, within the maximum limit of cash payments and within the limit of cash available in the cash register on the day of return. The refund period may be extended in case of lack of liquidity, in which case the buyer will be informed and, with their agreement, a new date will be established for refund of the amount related to the return.

The customer/consumer who suspects non-conformity of a purchased product or has doubts regarding its originality and/or quality may contact Sahara Essence at the following contact details: info@saharaessence.io. They will complete a written statement, explaining what the product’s non-conformity consists of, and may request the return through an unequivocal statement to this effect or by completing the form found in the parcel.

Following receipt of the return from the consumer, Sahara Essence will transmit the complaint together with the product, packaging, purchase document and customer statement to the product manufacturer, or as applicable, the authorized distributor, for investigation.

It should be noted that these investigations are based on two types of analyses:

• Olfactory analysis, performed by an authorized chemist (cost from 200 RON + VAT);
• Laboratory analysis (GCMS TEST) performed in USA (cost from 2700 RON+VAT).

The cost of these analyses will be borne by the customer in advance at the time of request, based on an invoice from the authorized person (chemist/laboratory), and subsequently, if the non-conformity of the investigated product is officially established, the customer will be refunded the amount paid for testing by the seller.

Also, the consumer should know that the investigation procedure may take up to 4 months (with the possibility of extension, depending on the complexity of the investigation) and that there is a possibility of opening the product container to conduct the investigation. If the manufacturer or, as applicable, the authorized distributor, concludes that the product has non-conforming content, then the return is accepted, and under these conditions, the product will be replaced or your money will be refunded, depending on the chosen option.

If the product content is declared conforming, Sahara Essence reserves the right to refuse product replacement or money refund and the product is returned to the customer in the condition it was received after investigation by the manufacturer or, as applicable, the authorized distributor. In this case, all additional expenses generated regarding the product content investigation procedure will be borne by the customer.

6. Expenses Related to Return Procedure

In accordance with article 14 para. (2) of O.U.G. no. 34/2014 regarding consumer rights in contracts concluded with professionals, direct costs related to product return will be borne by the buyer. By exception, in cases of non-conformity or discrepancy between delivered products and the order placed, return expenses will be borne by Sahara Essence.

7. Personal Data Processing Provisions

In order to comply with the provisions of Regulation no. 679/2016 (regarding the protection of natural persons with regard to the processing of personal data and on the free movement of such data – GDPR), Sahara Essence has the capacity of operator, and to fulfill legal formalities regarding product return, we inform you that the operator will process personal data under the conditions provided by art. 6 para. (1) lit. b) of GDPR, namely the following data: name and surname, domicile or residence, email address, telephone number, bank account.

We will use personal data for the purpose of preparing financial-accounting documents, in accordance with legal provisions in force, including compliance with the provisions of art. 13 para. (5)–(9) of O.U.G. no. 34/2014.

We inform you that, if you do not wish to provide us with this data, the product return procedure is not possible, as we cannot comply with the mandatory requirements of legislation in force (for example, but not limited to, legislation in the fiscal field).

WITHDRAWAL FORM MODEL

(in accordance with Annex B to O.U.G. no. 34/2014, in the form in force starting from 28-05-2022)

To:

Sahara Essence
Address: Bucureşti Sectorul 2, Şoseaua COLENTINA, Nr. 16, BI. A1, Ap. B74
Email: info@saharaessence.io