Terms and Conditions

INTRODUCTION

Thank you for your interest in our company, website, and the products we offer through our online store.

Please read this document carefully. This document (hereinafter referred to as "This Document", "The Contract" or "Terms and Conditions") sets out the conditions for using the hourheart.com website (hereinafter referred to as "The Website") and the conditions for placing orders for products via the website, including delivery and return conditions. By browsing our website or placing an order, you agree to the Terms and Conditions described below. This document constitutes a legal agreement - a contract between you and us. Please also read our Privacy Policy and Cookie Usage Policy before browsing the site or placing an order. If you do not agree with these Terms or the Policies mentioned above, please do not use the site.

THIS CONTRACT. OBLIGATION. CONTACT

Mandatory nature. Understand that both this contract and all the policies it refers to (e.g., Privacy Policy, Cookie Usage Policy) are binding on you. By browsing our site or placing an order, you commit to complying with this contract and the indicated policies.

Changes and updates. We reserve the right to change these Terms at any time and without prior notice. Your orders will be subject to the terms in effect at the time of placing the order. By accessing our website, you will find the most recent version of the Terms.

We cannot guarantee that any products that have been included on the site at one time will be available at all times. We reserve the right to cease selling a product at any time.

Contact. If you have questions or concerns, you can confidently contact us at contact@hourheart.com or by filling out the contact form, and we will respond as soon as possible.

WHO ARE WE?

The hourheart.com website belongs to DREAM DRIVEN DIGITAL S.R.L., a Romanian company with its headquarters in the Municipality of Cluj-Napoca, CERNĂUŢI Street, No. 17-21, Block D, Floor 1, Apt. 7, Cluj County, registered in the Cluj Trade Register under no. J12/2403/30.05.2023, having the tax code RO48255840, e-mail contact@dreamdrivendigital.com.

We are a company whose main activity is: 4791 - Retail sale via mail order houses or via the Internet.

YOUR PERSONAL DATA

The site processes personal data provided by you or collected from other sources as we have extensively described in the Privacy Policy.

We have committed to complying with national and European legislation on the protection of personal data and the free movement of such data.

By visiting and/or using the website, placing orders, or interacting with us by any method and/or any means of remote communication, you agree to the processing of your personal data as described in the Privacy Policy.

You also declare that all personal data and information sent to us are correct. To the extent that the data does not belong to you, you declare that you have obtained the prior written consent of the person concerned whose data you transmit to us or declare that you transmit the data based on another legal basis according to Regulation (EU) No. 679/2016.

We may collect information through cookies or other similar technologies, such as IP address, details about the browser or device used. If you want to find out more information, we recommend that you access and go through our Cookie Usage Policy.

ELIGIBILITY

To legally place an order on our website, you must (1) be over 18 years old and/or have full capacity to act; (2) agree to this Contract; and (3) provide us with real, complete, and up-to-date identity and contact information.

Sales to Minors. The site does not sell products to minors. If you are under 18, please ask a parent/guardian to place the order on your behalf or to authorize the placement of an order.

RULES FOR USING THE SITE

Rules. By accessing, visiting, placing an order, or engaging in any other activity on our site, you promise to abide by the following rules:

  • You will use this site exclusively for making legitimate orders or for information.
  • You will not place any false or fraudulent orders, otherwise, we reserve the right to cancel the order and inform the competent authorities or take legal action to recover any damages caused.
  • You will provide real, accurate, complete, and up-to-date information.
  • You will respect intellectual property rights regarding any element found on this site.
  • You will not undertake any action that could harm our website in any way, otherwise, we reserve the right to take legal action to recover any damages caused.

Consequences. We reserve the right to block access to any user who violates the above rules, to cancel orders, to notify competent authorities for holding accountable for any antisocial acts, and to take legal action to fully recover any damages caused, present or future, including lost benefits and legal costs (including attorney fees).

CONCLUSION OF THE CONTRACT

Contract Conclusion Date. The contract between you and us is concluded when your order is expressly accepted by us, and you will receive an email confirming the delivery in this regard.

Protection. In case we do not accept the order, but you have already been charged, we will refund these amounts as soon as possible.

Our Decision. We reserve the right to decide, unilaterally and without stating a reason, whether or not to conclude a sales contract. We will have no liability to you if we refuse to process an order. The ownership rights to the products will transfer to you only after you have paid all amounts owed for the products, including delivery costs.

PRODUCT AVAILABILITY

We cannot guarantee that products found on the site at a given time will be available for purchase at any given moment. We will have no liability to you if a product is no longer available on the site. Although we try to have real-time updates on the site regarding product availability, we cannot guarantee that this information will always be updated. All orders are subject to product availability in stock.

Warranties. If products are unavailable, but you have already placed an order, we will inform you about the unavailability of these products and recommend similar products of equal or near value that can be ordered. If you do not wish to order the similar products recommended by us, we will cancel the order, and if you have already paid the price of the products, we will refund the money as soon as possible

PRICE OF THE PRODUCTS. PAYMENT. DELIVERY

The price of the products is displayed in lei or euro on the website and includes value-added tax. If there's an error regarding the price displayed on the website, we will notify you as soon as possible, and we will either refund the excess amount you paid or request an additional amount. If the new price is not satisfactory for you, if you don't respond to our request, or if we can't contact you, we will cancel your order and refund the amount paid as soon as possible.

Product prices can be updated/changed at any time, and this update/change will replace any previous price. Your orders will be subject to the prices at the actual time of placing the order.

Payment for the ordered products can only be made online using the following technologies:

  • Visa
  • Mastercard
  • American Express (AMEX)
  • Apple Pay
  • Google Pay
  • Shop Pay
  • Union Pay

If you opt for online payment with a bank card, your card data will be processed through Shopify Payments, and we will not store any data related to your card.

If you choose to pay by card, the issuing institution will validate and authorize the payment. If the transaction does not process for reasons beyond our control (e.g., insufficient funds, expired card), the contract between us is not concluded, and we are under no obligation to deliver the products. However, you can select another payment method or try processing the payment with a valid card again.

Shipping or delivery fees are not included in the price, except for certain offers that will be made known to you, if applicable, through the website. For more information on the Delivery Policy, please consult our website under the Delivery Policy section.

No deliveries are made on Saturdays and Sundays. Please note that in certain situations, especially during holidays or Black Friday, the delivery time may be extended due to courier company congestion or other reasons beyond our control. The delay in delivery is not due to our actions or inactions but an external event, and you agree not to hold us liable under any circumstances.

FORCE MAJEURE AND FORTUITOUS CASE

We will not be held liable for any delays or failures in fulfilling our services if a case of force majeure or a fortuitous event occurs. Force majeure includes but is not limited to changes in laws or regulations, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, epidemics, pandemics, weather conditions, and actions of hackers or internet service providers.

RIGHT OF WITHDRAWAL

All sales are final please read our -  All sales are final policy!

INTELLECTUAL PROPERTY

The entire content of the website is the intellectual property of DREAM DRIVEN DIGITAL S.R.L. The website can be used by third parties only for information and/or order placement.

Website users do not have the right to download, modify partially or wholly, reproduce, copy, distribute, sell, or exploit the website in any other way contrary to the interests of DREAM DRIVEN DIGITAL S.R.L., regardless of whether there's a commercial purpose or not.

Any content (including, but not limited to, databases, graphic elements, trademarks, legal content) is the intellectual property of DREAM DRIVEN DIGITAL S.R.L. The entire website is protected by Law no. 8/1996 regarding copyright and related rights, and for any breach of intellectual property, we reserve the right to notify competent courts to recover the entire damage, as well as to file a criminal complaint with the judiciary for the prosecution of the offender.

FINAL CLAUSES

These Terms constitute the entire agreement between you and us regarding the subject of any Contract and replace any other agreement, any prior verbal or written understanding between you and us.

This Contract is binding. You cannot transfer, assign, strike, or alienate in any other way this Contract or any of your rights or obligations arising from it without our prior written consent. We can transfer, assign, strike, subcontract, or alienate in any other way a Contract or any of our rights or obligations arising from the Contract.

This Contract, as well as any use of the website, will be subject to Romanian law. Any dispute between us will be submitted for resolution to Romanian courts.