TERMS AND CONDITIONS

1. Introduction

This document, published in electronic format at: https://senariamanagement.com, together with all the other documents referred to, represents what we will generically call “Terms and Conditions” or “Terms”, ie the rules that will regulate the situation between we, as Seller and you, as a customer who decide to purchase a good or service from our site.

1.1 Who are we?

Below you will also find our identification data:

 

Name

SENARIA MANAGEMENT& ENGINEERING SRL

Headquarters

Bucharest, 124-126 Basarabia Bvd, 3rd Floor, Ap. 16, District 2, Romania

Trade register number:

J40/6535/2019

Unique identification code

41131399

Phone

0040721850383

E-mail

office@senaria.eu

In addition to the official name above, you can also find us under the brand name “SENARIA” – in this whole document we will refer to us under the name of “Company”, “Us”, “Consultant” or “Seller”. We are a company that offers real estate investment and development consultancy services, as well as educational products and services through the senariamanagement.com site and its subdomains or affiliated sites such as senariamanagement.ro (hereinafter collectively referred to as “Site”) and / or other tools made available to the Seller for accessing e-learning services, as well as all profiles / media pages associated with this brand, including, but not limited to Facebook: https://www.facebook.com/senaria/ , Youtube: https://www.youtube.com/user/senaria/, Linkedin: https://www.linkedin.com/senaria/ and in all of them we will refer to the “Platform”)

  

Accessing the Platform implies unconditional acceptance of the Terms and Conditions that we will detail below. If you do not accept these Terms, we will not be able to enter into a contract with you, ie we will not be able to deliver your products or provide the services you request from us, including responding to any requests you may have.

1.2 Who are you?

You are a person who arrives on the Platform in search of a Product that we could offer you. You are currently a Site User. The moment you place an order with us on the Site, and we begin the necessary steps to honor it, you will become a Customer, because you will enter into a contractual relationship with us (through a contract that is concluded at a distance, that is, by electronic means).

1.3 Definitions. Purpose

(1) Because there are already many details and information that we must take into account, we decided to define certain terms that we will use regularly, in order to facilitate the reading of the document. You can find these terms below:

(2) The following terms used in capital letters shall have the meanings below, unless expressly provided otherwise:

“Seller” means SENARIA MANAGEMENT& ENGINEERING SRL, a limited liability company, as we identified in section 1.1

“Products” means any goods (products) or services that are offered to the Customer for purchase, for a fee, through the Platform.

“Customer” means the natural person who accesses the Platform and places an Order for the purchase of the Products offered for sale by the Seller. The Customer also means a legal entity that places an Order through a natural person on its behalf.

“Order” means an order placed by the Customer through the Platform through which the Customer expresses its commitment to purchase one or more Products, under the conditions provided in this document and / or agreed with the Seller through a means of distance communication.

“Account” means the section of the Platform accessible to the Client by using, with identification role, an e-mail address and a password, which allows the Client to send an Order and which contains information about the Client and the Client’s history in the Platform (ie, Orders previous, tax invoices, guarantees, etc.).

“Contract” means the consensual distance agreement between the Seller and the Customer, without their simultaneous physical presence, regarding the sale, respectively the purchase, of one or more Products on the Platform, by launching an Order by the Customer and accepting it by Seller, in compliance with the legal provisions and the terms and conditions for the online sale of services and products Seller. As a rule, the Contract is concluded in Romanian.

“Return period ” means the period of 14 (fourteen) calendar days, as stipulated by the legislation in force applicable to consumer rights in distance contracts with professionals (or any other period that may become mandatory under relevant Romanian legislation), within which the Customer has the right to return the Seller’s Products. The return procedure and how it is valid and applied is described in this document.

“Platform” means the websites owned or used by the Seller, including the pages and profiles on social networks, having the domain senariamanagement.com and its subdomains or affiliated sites such as senariamanagement.ro and, if it is their subdomains and which uses the Seller’s logos, through which the Seller presents the Products offered for sale, and the Customers can choose the Products they want to purchase, respectively to pay them in one of the payment methods accepted by the Seller. Also, the Platform is used for the processing and administration of Orders in order to deliver the Products and to register the payments related to their sale. If there is an Application, the Platform will include, where applicable, this component.

“Specifications” means any details regarding the characteristics of the Products as specified in the description available on their packaging and on the Platform.

“Transaction” means the payment operation performed by the Customer, respectively the collection by the Seller, of a sum of money as a result of the sale by the Seller, respectively the purchase by the Customer, of one or more Products.

(3) This document establishes the terms and conditions applicable to the relationships that arise between the Seller and each Customer who uses the Platform for, on the occasion of or after placing an Order.

(4) The titles are included in this document for the ease of browsing and structuring the document and will not affect its interpretation.

(5) In order to avoid any doubt, in accordance with the business policy established independently and unilaterally by the Seller, the sale in the online environment (ie, through the Platform) of the Products normally marketed by the Seller is made to individual consumers or to legal entities. If certain Products are limited to a certain category of Customers, this will be specified in the Specifications or in another place visible next to the Product (such as, for example, certain Products intended only for legal entities or only for persons physical).

(6) Aspects regarding the confidentiality and processing of personal data related to the use, in any form, of the Platform are governed by the privacy policy / information note (“Privacy Policy”), which completes these Terms and Conditions.

(7) The use of the Platform implies the express acceptance by any Client of these terms and conditions and of the Privacy Policy, as well as of other documents that have been indicated during these Terms.

(8) We reserve the right to modify the Terms at any time and their updated form may be accessed by Customers on the Platform in the “Terms and Conditions” section. The relationship between Seller and User / Customer will be formally governed when accessing the Site, respectively placing the Order.

(9) These terms and conditions applicable to online sales are available to the Customer for storage and reproduction.

2. Platform Policy. Main features of online sales by the Seller

In short: we must all have a correct attitude and not use the Site in ways that contravene the law or good morals. If we suspect that your intention is not to search for information about the Products or to purchase them, we reserve the right not to allow you to place an Order or even to limit your access to the Site. The order you place on our Site will be considered accepted only when we confirm this.

(1) Access to the Platform in order to place an Order is allowed to any potential Customer who acts with a legitimate purpose and who intends to purchase from us one or more Products, in compliance with these terms and conditions.

(2) By Client we mean a legal or natural person who is: (a) at least 18 years old or (b) at least 14 years old, who has received authorization from a parent / guardian / legal representative to be able to access the Site. If you have authorized a minor to use the Site, you are responsible for his or her entire conduct on the Site, including any action the minor may take.

(3) The abusive use of the Platform is strictly forbidden. Misuse of any use of the Platform in a manner that is contrary to fair business practices, applicable law or in any other manner that is likely to harm us in any way or our Affiliates / Partners (through “Affiliates “we mean people from the same group we are part of, and by” Partners “the people with whom we have a collaborative relationship).

(4) We reserve the right to deny you access to some or all of the Platform’s functions and to restrict the processing and / or delivery of an Order if, in our reasonable opinion, there are suspicions of fraud on your part, if it has a behavior that may harm our interests or that of our Affiliates / Partners or if you misuse the Platform

(5) By using the Platform and, as the case may be, registering an Order, you accept and agree to the form of distance communication (eg, telephone or e-mail) through which we carry out our operations.

(6) All information used to describe the Products (including, but not limited to, static or dynamic images, descriptive text, graphic or video presentations) does not impose any obligation on our part, these having exclusively the role of presentation and information. We will take all reasonable steps to ensure the correctness of the information regarding prices, Products and their Specifications presented on the Platform.

(7) If the prices or any other details related to the Product Specifications have been erroneously displayed on the Platform for any reason and you have placed an Order, we will inform you by e-mail or other agreed means of communication, in the shorter time in connection with such an error.

(8) We will be able to publish on the Platform information about the Products and / or promotions that we have either ours or our Affiliates / Partners, in a certain period of time and within the limit of the available stock. Please note that there may be situations in which we will not be able to display the stock or update the data in real time, but we will inform you until we confirm the Order and you will be able to decide whether or not to accept the new conditions.

(9) The products that are the object of sale within a promotion or campaign of any type will also be subject to the terms and conditions applicable to the respective campaign or promotion, which we will inform you.

(10) Any promotions presented on the Platform are valid for the mentioned duration. If a duration for the promotions is not indicated, they will be valid within the limits of the available stocks / places.

(11) The notification received by e-mail from you after the execution of the Order regarding the taking over of the respective Order has the role of information and does not represent the acceptance of the Order by us. The order is considered accepted by us at the latest with the delivery, respectively the supply in electronic format of the Products ordered by you. If you have already made the Payment for the respective Order and we will not accept it, we will refund the transferred amounts.

(12) For justified reasons (including, but not limited to, the lack of stock of certain Products), we reserve the right to change the type or quantity of Products in the Order. In such a situation, we will immediately notify you of the change and you will be able to accept or reject the change of the Order. If you refuse, the Order is considered canceled and the parties will be reinstated in the situation prior to the issuance of the Order (including by reimbursing us any amounts collected, if applicable) and without any liability to you.

(13) The Order is accepted and the Contract is considered concluded between us and you, when you receive a notification of shipment (by phone call / SMS / e-mail / push notification or otherwise) of the Products in the Order (when we speak of physical and tangible goods), when we start to provide the Services, when we provide you with a link to download or an e-mail to access the Product or as indicated in the Specifications.

(14) Please note that this document is part of the Contract (together with all other documents to which we refer, as well as any other subsequent agreements between us and you regarding the Order, regardless of whether they are made in writing, electronically or physically).

(15) You can generally contact us at the e-mail address in the “Contact” section of the Platform for any questions or problems you have with the Order, including to identify and correct any errors that occur during the data entry. depending on the technical developments of the Site or the Application, it is possible to have at hand other methods of communication with us (such as online chat, communication from your Client account, social networks, etc.), which we will give you. However, if you do not tell us about these matters prior to the issuance of the notification or the start of the provision of the Services, these changes will only be possible in exceptional cases, which do not involve a disproportionate effort on our part and which are legally valid.

3. Commands

In short: we explain how you can place an order for a Product, how we process orders, what are our rights and obligations and yours, when we consider a completed order and how to proceed to make the Payment.

(1) You will be able to place an Order in one of the ways indicated on the Site, such as: through the Platform, online by e-mail, by phone, through the online messenger box on the Site, through a comment or message on social networks (for example, Instagram, Facebook, LinkedIn) or through communication applications such as WhatsApp.

(2) You will be able to place an Order, consisting of one or more Products, through the Platform, with or without registering an account in advance, by adding the desired Products in the shopping cart. In case the Products will have to be modified according to the specifications, you will have to choose one of the options, if it is available or to send us some additional information at the time of placing the Order. If you fail to do so, we reserve the right not to make any further changes to the Order, especially if it would include a disproportionate effort on our part (such as changing the delivery address, billing dates or other specifications that may be adapted).

(3) If you do not wish to create an Account in the dedicated section of the Platform for placing orders, one of our operators will contact you to help you place the order and fill in the necessary information for you, as you will communicate them. Please note that in this procedure you offer an express consent for the processing of your personal data, and any inadvertence or inconsistency with reality will be your responsibility, as if you had personally filled in those data. In certain cases, telephone calls may be recorded, based on our legitimate interest in having clear evidence and evidence of Orders placed otherwise than through the Site and to assist us with that information in the event that which will cause a problem between us.

(4) You will be able to create an Account in the dedicated section of the Platform, according to the existing instructions on the Platform at that time (such as with an e-mail address and a password, identification with a social network account such as Facebook / Google or other available method). If you create an Account, you will be able to manage more efficiently the Orders placed on the Platform, having the possibility to view in the Account information about previous Orders, fiscal invoices, guarantees, etc.

(5) Orders can be placed at any time, but as a rule they will be processed only on working days, between 9-18. Any Order placed on a Saturday, Sunday or any day declared by law as a public holiday will be processed on the next working day. In the case of electronically delivered Products, it is possible for processing to occur automatically and the Product to be delivered immediately after the Transaction, usually depending on the payment method chosen.

(6) We reserve the right to validate Orders prior to their fulfillment and we will contact you by telephone, e-mail or other available method and you expressly declare that you accept this right of ours.

(7) The addition of a Product in the shopping cart in the absence of the completion of the Order, does not lead to the registration of an Order and implicitly not to the automatic reservation of the Product added to the shopping cart, but not paid.

(8) The order will be considered completed by full payment by you of the price of the Products in the Order, through one of the payment methods accepted by us as expressly indicated on the Platform and which you can consult at the beginning of the formulation process of the Order. If it is available and you choose payment by bank transfer / payment order / internet banking, the payment will be considered to have been received by us at the time of the actual debit of our account indicated on the proforma / fiscal invoice. Please note that from the moment you make the payment, even 7 days may elapse before the payment can be effectively identified in our account, in which case the payment is not considered completed. Once added to the shopping cart, a Product is available for purchase to the extent that the Product exists in the Seller’s stock.

(9) By completing the Order, you confirm that all data you have provided is correct, complete and true at the time of placing the Order. By placing an Order, you explicitly acknowledge that the Order implies your firm obligation to pay the indicated “total payment amount”. Other changes to the Orders (such as identification data, e-mail addresses or delivery addresses will only be possible if this is technically possible, without incurring an additional cost of ours).

(10) By creating an Account or, as the case may be, finalizing the Order, you agree that we can contact you, by any available means, respectively automated calling system without human intervention, fax, e-mail, in any situation where it is your contact is required to complete and process the Order. The lack of a response from you, through one of the communication methods provided through the Platform to our requests may lead to the invalidation of the Order.

(11) Products purchased through the Platform may not be resold or distributed for commercial purposes, being intended for personal use, unless otherwise provided in the Specifications. Also, please note that in the case of Products with online access, the Sale is nominal, so that access credentials (such as username and password) cannot be passed on to another person. In the case of webinars, masterclasses or other events with physical presence, the reservation and participation in the event is nominal and changes can only be made if this is logistically possible and does not involve costs on our part. As a general rule, we reserve the right to limit the purchase of Products to a maximum number of Products for each Customer, the number being determined independently by the Seller and communicated to the Customer prior to placing the order, either in the Specifications or in the general product management policy.

(12) We may subcontract to a third party to deliver the Products that are the subject of the Order, about which we will inform you (such as at the time of completing the Order when we tell you which courier we transport or when we communicate the AWB data), your consent is not required. Also, for offering certain products, such as webinars, distance learning courses, etc. we may call on specialized service providers in this regard (including online platforms), without your consent.

(13) We will be able to cancel an Order placed by you with a concomitant or subsequent notification and without such cancellation to attract any responsibility of ours towards you, in the following cases:
(a) the bank that issued your card does not accept the Transaction, in case of online payment;
(b) our card processor we work with does not validate or invalidate the Transaction (for example, either because there are insufficient funds or for other reasons, according to the processor’s policy), in the case of online payment;
(c) the payment is not completed within the term indicated by the proforma invoice, in case of payment by bank transfer / internet banking;
(d) the data you provide to us when accessing the Platform is incomplete or incorrect;
(e) you do not confirm our Order when we contact you for this purpose;
(f) we reasonably believe that by accessing the Platform and placing the Order you are pursuing an unlawful purpose or that may cause any harm to us, our Affiliates or Partners;
(g) any of the terms and conditions of this document have not been complied with exactly.

4. Prices. Billing. The payment

In short: in order to benefit from our Products, you must pay the amount indicated for them as it is displayed at the time of completing the Order, through one of the available methods (payment by card / bank transfer).

(1) The prices of the Products displayed on the Platform or communicated to the Client are expressed in Lei and may or may not include VAT according to the legislation in force, as they will be displayed on the site. Any shipping or delivery charges are not included, unless expressly stated at the time the Order is completed. The prices valid for the Products are those displayed on the Platform or communicated to the Customer at the time of completing an Order.

(2) We will be able to update the prices of the Products at any time and such an update will replace any prices previously displayed for the respective Products.

(3) For those Products for which we cannot indicate in advance the price and as the case may be, all additional transport or delivery costs, we will be able to provide you with a price calculator or we will contact you by e-mail / through the Account created in this sense.

(4) We will issue you an invoice for the Products purchased / delivered, your obligation being to provide us with all the necessary information according to the legislation in force for us to issue the invoice – please pay special attention when entering the data, because we will not could modify the data from the proforma / fiscal invoices issued. In the case of Payment by bank transfer, we will initially issue a proforma invoice, following that after our account is debited with the related amount written on this invoice to proceed to the issuance of the fiscal invoice.

(5) As a general rule, we will send you the invoice related to the Order for the Products sold / delivered either in material format (on paper) upon delivery of the Products, or in electronic format, by e-mail and / or in your Customer account, which we encourage you to check constantly (it is also possible that our messages end up in the SPAM folder, so please check there, as well).

(6) According to the legislation in force in Romania, when we accept the payment with the bank card, we will not request additional payments.

(7) In the case of online payments, we are not and cannot be held responsible for any other costs incurred by you in addition to the price of the Product purchased including, but not limited to, bank transfer or currency conversion fees applied by the customer’s card issuing bank, if the card issuing currency differs from the currency in which the sale is made.

5. Delivery of Products

In short: we will deliver the Products only after you pay them in full in one of the ways displayed on the site.

(1) Depending on the specificity of the products / services, the delivery of the Products can be done either in electronic format (when we talk about digital products / services or confirmations of participation in an event) or in physical format, at an address communicated by the Client, at the time of placing the Order.

(2) In the case of physical products, the Delivery of the Products will be made anywhere in Romania, in the European Union /, USA / other states, within the communicated term before the finalization of an Order. Please note that this delivery time is indicative, based on previous orders in those areas and may be subject to change, about which we will make every effort to notify you in a timely manner. We will not be liable for delays in the delivery of Products due to reasons not attributable to us or due to the fault of a carrier (ie, courier, mail, etc.).

(3) The delivery of the Products will be made for a fee or free of charge, depending on the conditions applicable to the Order, which will be communicated to you before the completion of the Order. If necessary, we will inform you about the available delivery methods and you will be able to choose one of these methods before completing the Order.

(4) If on the occasion of the delivery of the Products we cannot find you at the address indicated in the Accepted Order, we will try the delivery once more after which the Products will be returned, you will bear the costs of a new shipment, regardless Ordered products.

(5) We will make every effort to ensure the proper packaging of the Products together with the Specifications and all necessary accompanying documents.

(6) In the case of digital products, the Delivery of the Products will be made in electronic format, by providing a code, download link or other method that we provide and that we will communicate to you by e-mail / in your Client Account. Delivery will be made after full payment of the Products.

(7) The Seller reserves the right to delay or cancel any delivery of the ordered Products, if it cannot be honored for reasons beyond the Seller’s control which include but are not limited to: force majeure events, wars, acts of terrorism, protests, riots, civil unrest, fires, explosions, floods, epidemics, strikes, etc.

6. Transfer of risk and ownership over the Products

In short: after you buy a Product from us, all the risks are transferred to you.

(1) If we deliver the products to you personally, the risk of loss or damage of the Products is transferred to you when you or a third party designated by you, other than the carrier, enter into physical possession of the Products.

(2) If we use third parties to perform the Delivery (such as courier services, postal services or third parties), the risk will be transferred to you at the time of delivery of the Products to the carrier, without prejudice to your rights to him (for example, when the carrier damages your Products).

(3) The ownership over the Products will be transferred upon delivery, after you have made the payment, in the delivery location indicated in the Order. The delivery will be considered made by signing the transport document provided by the courier or by signing the receipt on the fiscal invoice or on another delivery document in case of deliveries made by the Seller.

(4) In the case of digital products, you will receive a non-exclusive license to access that product, limited to a certain period of time or unlimited, depending on the characteristics of the product, the ownership remaining ours or the person expressly indicated in the Specifications / other place of identification. The Product Specifications will explicitly mention the licensing period, as well as access to certain future facilities and whether or not they will be for a fee.

7. The right of withdrawal of the Client

In short: in general, most of the Products sold through the platform represent digital products with immediate execution, for which, according to the legislation, you do not benefit from a right of withdrawal. However, in certain cases that we will expressly indicate in the Specifications, when you buy a Product online from us, you have the right to return it in 14 days, without telling us why you want to do so.

(1) If you are a natural person, you have the right to unilaterally terminate the Contract for certain Products, within 14 (fourteen) calendar days (“withdrawal period”), without having to justify the withdrawal decision and without incurring other costs other than those established by law.

(2) The withdrawal period expires within 14 (fourteen) calendar days from:
(a) the date of conclusion of the Contract, in the case of Contracts for the provision of services;
(b) the day on which the Customer or a third party, other than the carrier and which is indicated by the Customer, enters into physical possession of the Products, or:

(i) if the Customer places a single Order for multiple Products that will be delivered separately, the day on which the Customer or a third party, other than the carrier and which is indicated by the Customer, enters into physical possession of the last Product;
(ii) in the case of delivery of a Product consisting of several lots or parts, the day on which the Customer or a third party, other than the carrier and which is indicated by the Customer, enters into physical possession of the last Product or the last part;
(iii) in the case of Contracts for the periodic delivery of Products for a determined period of time, the day on which the Customer or a third party, other than the carrier and which is indicated by the Customer, enters into physical possession of the first Product.

(3) In order to exercise the right of withdrawal, you must inform us about your decision to withdraw from the Contract. For this purpose, you can choose one of the following options:
(a) to send to the Seller’s registered office – 124-126 Basarabia Bvd, 3rd Floor, ap. 16, District 2, Bucharest, to the e-mail address in the “Contact” section of the Platform or by another method made available to the Client an unequivocal statement in which you express your decision to withdraw from the Contract;
(b) to send to [Seller’s registered office – 124-126 Basarabia Bvd, 3rd Floor, ap. 16, District 2, Bucharest] or to the e-mail address (office@senariamanagement.com) a form with the following content:

“To: (__) SRL
(Company address – 124-126 Basarabia Bvd, 3rd Floor, ap. 16, District 2, Bucharest) I hereby
inform you of my withdrawal from the Contract regarding the sale of the following Products: (__), ordered on / received at date (__).
name of consumer: (__)
Address of consumer (__)
Signature of consumer (only if this form is sent on paper Seller) (__)
date: (__) “

(4) The exercise by the Client of the right of withdrawal terminates the obligations of the Client and the Seller, as the case may be:
(a) to execute the Contract;
(b) to conclude a Contract, if the Customer has placed an Order.

(5) Unless the Seller has offered to recover the Products, the Customer returns the Products or hands them over to the Seller or a person authorized by him to receive the Products, without undue delay and within a maximum of 14 (fourteen) calendar days from the date to which the Customer communicated to the Seller his decision to withdraw from the Contract. The term is respected if the Products are sent by the Customer to the Seller before the expiration of the period of 14 (fourteen) calendar days.

(6) The Customer shall bear only the direct costs related to the return of the Products, unless the Seller agrees to bear those costs and informs the Customer thereof.

(7) The Seller refunds all amounts received as payment from the Customer, including, as appropriate, delivery costs, without undue delay and, in any case, no later than 14 (fourteen) days from the date on which is informed about the Client’s decision to withdraw from the Contract.

(8) The reimbursement of the amounts is made using the same payment methods as those used by the Client for the initial Transaction, the Client not being able to opt for another reimbursement method, unless the Seller expressly provides this possibility.

(9) The Seller is not obliged to reimburse the additional costs if the Customer has explicitly chosen another type of delivery than the standard delivery offered by the Seller.

(10) The Seller may postpone the refund until the date of receipt of the Products that were the object of the Contract or until the moment of receiving a proof from the Customer according to which he sent the Products to the Seller, taking into account the nearest date.

(11) According to the legislation in force applicable to distance contracts, the right of withdrawal is not ensured in case of:
(a) service contracts, after the complete provision of services, if the execution started with the prior express consent of the Client and after it confirmed that it has become aware that it will lose its right of withdrawal after the full execution of the Contract by the Seller;
(b) the supply of Products made to the specifications presented by the Customer or clearly customized;
(c) the supply of Products which are liable to deteriorate or expire rapidly;
(d) the supply of sealed Products that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the Customer;
(e) the supply of Products which are, after delivery, by their nature, inseparably mixed with other elements;
(f) contracts in connection with which the Customer has specifically requested the Seller to travel to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Seller provides services other than those expressly requested by the Customer or provides other products than spare parts necessary for the execution of maintenance or repair work, the right of withdrawal applies to those services or additional products ;
(g) Products / Services for which it is not possible to return the products according to the legislation in force (ie event tickets, food, cosmetics, digital licenses, etc.).
(h) Delivery and purchase of the Products by legal entities, unless the Seller decides to grant

Please note that most of the Products on the Platform represent digital licenses (access based on username and password) for which you expressly agree that the amounts paid are not refunded, the delivery of the Product being considered to be made with execution full at the time of payment in exchange for access. In exceptional cases, we may decide, at our assessment and discretion, to reimburse certain amounts (total or partial) based on certain particular cases, according to our commercial policy, but it does not entail our responsibility or obligation to do so constantly.

8. Warranties

In short: Our products benefit from the guarantees offered by the legislation in force and which apply to us. If the warranty is not applicable (ie in the case of specific services or Products), we will indicate in the Products right the existing warranties or in our general order management policy.

8.1 Warranty of physical products

(1) All physical products sold by us benefit from the legal guarantee of conformity, according to the legislation in force. Clear details regarding these warranties are given by the product sheets and no Customer can request an extended warranty, for a period longer than that mentioned in the Specifications / manufacturer’s sheets / other documents provided by the Seller. The warranty applies to the normal conditions of use and is valid only for products purchased and paid for by the Customer from the Seller.

(2) In accordance with the legislation in force, if applicable, the Products benefit from a guarantee of conformity according to Law no. 449/2003. If an extended warranty period is specified in the Product presentation, then the longer term will apply.

(3) Our responsibility, in accordance with the provisions of articles 9-14 of Law no. 449/2003, may be employed if the lack of conformity occurs within 2 years, which is calculated from the Delivery of the Product, for Products with an average duration of use of at least 2 years.

(4) The warranty involves the following steps: (a) replacement of the Products and (b) refund of the value for the non-compliant products.

8.2 Warranty of electronic products / with electronic access

(1) In the case of electronic / digital products that require immediate access, you agree that you will not benefit from a legal guarantee, in accordance with the provisions in force.

(2) However, as our desire is to have satisfied customers at all times, we will be able to implement a commercial guarantee policy for certain types of digital products offered through which we can return the amounts paid (in whole or in part) in a certain term.

(3) The exact conditions of the reimbursement of the amounts previously mentioned in point 8.2 (3) will be indicated in the right of each Product.

9. Intellectual Property

In short: everything you see on the Site belongs to us from the point of view of intellectual property or we have the right to use it, and you undertake not to violate these rights and not to use anything on the Site without our consent.

(1) The trade names, trademarks, copyrights and any other intellectual property rights registered or in the process of registration related to Products owned or used by the Seller are and will remain the exclusive property of the Seller or, as the case may be, of the Seller’s licensors. The customer will have no rights and no claims regarding them.

(2) The User / Client shall not act in any way that could infringe the rights provided in art. 9 (1) above. The User / Customer undertakes not to use in his activity any sign or name similar or identical to the brands, trade names of the Products, etc., either as part of a name or in any other way.

(3) All information available on the Platform (including, but not limited to, static or dynamic images, text, logos, symbols, commercial representations, videos, etc.) that can be viewed or accessed in any way by the use of electronic equipment, the content of e-mails sent to the User / Customer by the Seller, any information communicated to the User / Customer (including, but not limited to, data regarding the Seller, its activity, etc.) by any means by a representative of the Seller are and remain the exclusive property of the Seller, being reserved to him all the rights obtained in this sense directly or indirectly (such as through licenses for use and / or publication, exclusive / non-exclusive, limited / unlimited in time, etc. ). The User / Customer may copy, transfers and / or uses such data only for personal purposes or outside a professional activity and only if it does not conflict with these terms and conditions.

(4) It is expressly forbidden any other way to use the content available on the Site / Platform for purposes other than those allowed by this Agreement or in the conditions of use that accompany it, if they exist.

10. Advertising & commercial communications

In short: when we do direct marketing activities, we ask for your prior consent. But there will be situations in which we will send you commercial communications based on our legitimate interest, as we explained in the Privacy Policy.

(1) You may express your consent to receive commercial communications by e-mail [/ SMS / phone calls / WhatsApp / social networks], allowing us and our collaborators to make such communications, by checking the specific option at the end of these terms and conditions or in the dedicated area of the Platform.

(2) You may at any time revoke your consent to such commercial communications by:
sending a written request to the e-mail address in the “Contact” section of the Platform or by any other method provided – in this case, the revocation will take effect within 48 (forty-eight) hours from the initiation of the procedure,
waiving the receipt of Newsletters or commercial communications, at any time, by accessing the dedicated link that is found in any Newsletter,
ticking the option to withdraw consent in the dedicated section on the Platform, where it exists.

(3) This procedure will be mentioned in all commercial communications that we will send you.

(4) Our newsletters and commercial communications are sent through specialized partners and approved by us, with which you agree.

(5) The waiver by you of receiving Newsletters or other commercial communications does not imply the waiver of the acceptance given for the rest of the terms and conditions regarding online sales made by the Seller and will produce effects only for the future, the previous processing being considered legal. Please note that it is possible that even after sending the revocation of consent you will receive for a short period of time commercial communications from us, until the complete update of the database is performed or in case of a back-up.

(6) We reserve the right to select the persons to whom it will send Newsletters and other commercial communications, as well as to remove from the database any User or Customer who has previously expressed his consent to receive Newseletter and other commercial communications, without no subsequent commitment or notification from us, and we cannot be held responsible for these actions.

11. Liability

In short: you are responsible for the Orders placed, the data provided and the way you use our Site.

11.1 Content generated by you as a User or Customer

(1) All content (text, photo, video, etc.) that you post through the Platform (such as product reviews or comments left on social networks), hereinafter referred to as “Content” is the sole responsibility of the person who created a such content.

(2) Although we do not routinely monitor the content posted by Users / Customers, we reserve the right to do so and remove content that violates these Terms (or applicable law) of which we are aware, but we have no obligation to does this thing.

(3) In case we will be held responsible for the content posted by Users / Customers on the Platform, we reserve the right to go against the respective User / Client for a full repair of the damage suffered.

(4) Any use or dependence on any content or materials posted through the Platform or obtained by you through the Platform is at your own risk. If we are notified by a third party that the content you submit or post violates these Terms or any applicable law, either by letter or in the spirit of these Terms, we reserve the right to remove this content from the Platform without you prior notice.

(5) We do not encourage, support, represent or guarantee in any way the accuracy of the content or communications posted through the Platform nor do we support and / or join the opinions expressed by Users / Customers on the existing Products through the Platform, they being solely responsible for the respectively content.

(6) By using the Platform, you agree and accept that you may be exposed to content that may be defamatory, derogatory, inaccurate or inappropriate or, in certain cases, that there may be misleading posts. We will not be liable in any way for this content, including, but not limited to errors or omissions or for any harm, material or moral, direct or indirect that has been posted, transmitted by email or socialization or made in any other public way through the Products, the Platform or in another context.

11.2 Using the Platform

(1) You will not use the Platform:
(a) in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
(a) for any purpose not permitted by these Terms;
(c) in any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights or other private or contractual rights;
(d) to distribute advertisements of any kind or post or to otherwise communicate any false or misleading material or message of any kind, including in relation to competitors, potential competitors, etc.;
(e) in any way that, intentionally or unintentionally, harasses, threatens or intimidates any other User or visitor;
(f) in any manner which, whether intentional or unintentional, promotes or incites racism, violence, hatred or physical or moral harm of any kind;
(g) in any way that is abusive, defamatory, inaccurate, obscene, offensive or sexually explicit;
(h) post photos or images of another person without his or her permission (and if he or she is a minor, with the permission of the minor’s legal guardian);
(i) to promote illegal activities or in any way that would lead to the encouragement, acquisition or pursuit of any illegal or criminal activity or that could cause injury, suffering or inconvenience to any person;
(j) access, manipulate, cause damage or use non-public areas of our Company’s Services, IT systems, servers or equipment or technical delivery systems
(k) to access or attempt to access data of other Users of the Products / Platform or to penetrate, access, penetrate any of the security measures related to the Products or to probe, scan or test the vulnerability of any system or network or to violate or avoid any security or authentication measures;
(l) in any way that, intentionally or unintentionally, misleads or is intended to deceive another User or visitor of the Platform;
(m) introduce any malware, virus or other malicious software that harms or interferes with the operation of the Products offered, including, but not limited to cancelbots, denial of services, time bombs, worms, Trojans, viruses or any other malicious software or hardware;
(n) interfere with or disrupt (or attempt to do so) the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spaming, bombarding services by mail or by writing creative scripts content so as to interfere with or create an unjustified burden on services;
(o) copy, modify or distribute the content of other Users without their consent;
(p) for commercial purposes other than those expressly permitted in these Terms;
(q) circumvent the measures used to prevent or restrict access to the Products;
(r) to request or provide illegal services;
(s) to collect information about other Users or visitors without their consent;
(t) gain unauthorized access to the Products, the server on which the Products are stored, or any server, computer, or database connected to the Products;
(u) falsify any TCP / IP packet header or any part of the header information in any e-mail or post, or in any way use the Products to send altered, misleading or false source information;
(v) scrape, crawl or store or otherwise use the Products or any content for phishing, spam, trolling or any unauthorized (commercial) purpose; or
(w) to promote or support or solicit involvement in any other platform or political, religious (recognized as organized or unorganized), cult or sect of any kind.

(2) We are not liable for any damages caused to you as User or Customer or to any third party as a result of our fulfillment of any of our obligations under the Order or for damages resulting from improper use of the Products delivered. Insofar as the limitation of the liability according to the above is not possible according to the applicable laws, we will answer within the limit of the equivalent value of the Products that formed the object of the Order.

(3) You undertake to keep in safe conditions the username and password related to the Account, being the only one responsible in case of their fraudulent use by a third party.

(4) We are not responsible for any damage caused by any technical malfunctions of the Platform (eg, the impossibility of accessing any link on the Platform).

12. Notifications and complaints

(1) You can generally contact us at the e-mail address in the “Contact” section of the Platform for any questions or problems you have with the Products, including to identify and correct any errors that occur during the entry of data. Depending on the technical developments of the Platform, it is possible to have at hand other methods of communication with us (such as online chat, communication from your User account, social networks, etc.), which we will bring to your attention. However, if you do not tell us about these matters prior to issuing the notification or starting to supply the Products, these changes will only be possible in exceptional cases, which do not involve a disproportionate effort on our part and which are valid from the point of view of legal view.

(2) For notifications or complaints related to the Products, you have at your disposal the notification form available on the Platform or another available contact method, depending on the technical developments of the Platform. If there is no section dedicated to notifications, you will be able to follow the procedure described above.

(3) The notifications thus received will be solved by us within 30 (thirty) calendar days from their receipt.

13. Use and processing of personal data of individuals

By using the Platform, the Customer understands and agrees to transmit to the Seller personal data, these data will be processed in accordance with and for the purposes provided in the Privacy Policy , which completes these Terms and Conditions.

14. Force majeure

(1) Neither the Seller nor the Customer shall be liable for non-performance of its contractual obligations, if such failure to perform on time and / or properly, in whole or in part, is due to a force majeure event as defined by the Romanian Civil Code.

(2) If within 15 (fifteen) days from the date of the force majeure event, the respective event does not cease, either Seller or Customer shall have the right to notify the other party of the full termination of the Contract without any of them may claim damages from the other.

15. Applicable law & dispute resolution

(1) This document represents a legal contract concluded at a distance, accepted by its simple ticking and is subject to Romanian law.

(2) We will all try to resolve amicably any disputes or misunderstandings that may arise. To the extent that amicable settlement will not be possible, disputes will be settled by the competent Romanian courts in accordance with the law.

16. Changes to this document

It is possible to modify this document at certain intervals and we will decide which is the optimal way to notify the Users (pop-up, push notification, e-mail, etc.). Therefore, we recommend that you access this page to always read the latest version.

This document was last updated on 08.11.2022