This policy governs the statutory right of withdrawal applicable to distance contracts concluded through cyrusher.ro and is supplemented by the mandatory provisions of Romanian and European Union consumer law.
1. Scope and legal basis
This policy applies to consumers, meaning natural persons acting for purposes outside their trade, business, craft or profession. It is based primarily on Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals.
The statutory right of withdrawal is distinct from remedies available for lack of conformity under Government Emergency Ordinance no. 140/2021 and from any commercial warranty.
2. Right and period of withdrawal
Subject to the statutory exceptions, the consumer has the right to withdraw from a distance contract within 14 calendar days, without giving any reason.
For sales contracts, the period runs from the day on which the consumer or a third party indicated by the consumer, other than the carrier, acquires physical possession of the goods. For goods delivered separately under one order, the period runs from receipt of the last good; for goods consisting of several lots or pieces, from receipt of the last lot or piece.
3. Exercise of the right
The consumer must communicate, before expiry of the period, an unequivocal statement setting out the decision to withdraw. The statement may be sent by e-mail to itsistem@starchaser.ro, by post to the registered address of STARCHASER SRL, or through the return function available in the customer account.
The model form below may be used but is not mandatory. The burden of proving that the right was exercised within the statutory period rests with the consumer. An RMA reference is an administrative facility and does not constitute a legal condition for withdrawal.
4. Return of goods
The consumer shall return or hand over the goods without undue delay and no later than 14 calendar days after communicating the withdrawal. The deadline is met if the goods are dispatched before it expires.
The direct cost of returning the goods is borne by the consumer where the consumer was informed accordingly before conclusion of the contract. Return costs for goods that are defective, non-conforming or damaged upon delivery are governed separately by the applicable legal-guarantee rules.
The goods must be suitably packed for transport. Use of the original packaging may be recommended for protection, but is not a condition for exercising the statutory right. A trackable shipping service is recommended.
5. Refund
STARCHASER SRL refunds all sums received from the consumer in respect of the withdrawn contract, including, where applicable, the cost of the least expensive standard delivery method offered. Additional costs arising from the consumer choosing another delivery method are not refundable.
The refund is made without undue delay and no later than 14 calendar days from the date on which the withdrawal decision is received. For sales contracts, the refund may be withheld until the goods are received or until the consumer supplies evidence of dispatch, whichever occurs first.
The refund is made using the same payment method as the original transaction, unless the consumer expressly agrees otherwise and incurs no fees as a result. Where discounts applied, the amount refunded corresponds to the amount actually paid for the returned goods.
6. Consumer liability for diminished value
The consumer is liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
Any diminished value is assessed objectively, on an individual basis, and must be proportionate to the actual loss in value. The exercise of the right of withdrawal cannot be refused solely because the goods were unpacked or examined.
7. Statutory exceptions
The right of withdrawal does not apply in the cases expressly provided by law, including, where applicable, goods made to the consumer’s specifications or clearly personalized and sealed goods unsuitable for return for health-protection or hygiene reasons that were unsealed after delivery.
No exception is presumed or extended beyond the cases expressly provided by law.
8. Non-conforming or damaged goods
Withdrawal does not limit the consumer’s rights in the event of lack of conformity. Such claims are governed by Government Emergency Ordinance no. 140/2021 and may entitle the consumer, subject to the legal conditions, to repair, replacement, a price reduction or termination of the contract.
Visible transport damage should be reported as soon as reasonably possible. Photographs or recordings may facilitate assessment but do not, by themselves, constitute a condition for the exercise of mandatory consumer rights.
9. Model withdrawal form
To: STARCHASER SRL, Str. Regina Maria 7, Bl. C. 1, Sc. C, Ap. 6, postal code 240151; e-mail: itsistem@starchaser.ro.
I/We hereby give notice that I/We withdraw from the contract of sale for the following goods: [goods]. Ordered on/received on: [date]. Consumer name: [name]. Consumer address: [address]. Order number: [number]. Signature, only if submitted on paper: [signature]. Date: [date].
Seller and importer
STARCHASER SRL — CUI: 6491993; Nr. Reg. Com.: J1994001258384; EUID: ROONRC.J1994001258384. Address: Str. Regina Maria 7, Bl. C. 1, Sc. C, Ap. 6, Cod 240151. E-mail: itsistem@starchaser.ro. Phone: +40 728 106 020.
Importer: Cyrusher.eu.