Terms and conditions of use of the site http://kendamakbr.com
USERS / CLIENTS of this SITE are kindly requested to read the following terms and conditions of use of this SITE.
The online store kendamahop.ro, (hereinafter referred to as „SITE”) is the property and is managed by PRO SIMBA S.R.L, with the following identification data:
• Subscribed and paid-up share capital: 200 RON
• Headquarters: Str. Bistrita nr. 7 bl. B13 et. 4 ap. 19, Iasi county, loc. Iasi, cp: 700607
• Reg. Com. J22 / 155/2016
• CUI: 35470439
• Registration Number with the National Supervisory Authority for Personal Data Processing: 22434
• Electronic commerce comes under the jurisdiction of Law 365/2002 amended and completed by Government Emergency Ordinance 34/2014.
• The following terms and conditions are considered to constitute minimum applicable provisions, the use of the SITE subject to the general provisions of the current legislation.
• Terms and conditions of use may be modified at any time by updating this SITE, making these changes binding with immediate effect to all USERS / CUSTOMERS.
• By accessing the USER’S SITE, we consent to comply with the following terms and conditions as well as the applicable legislation.
• Based on this law with subsequent modifications and additions, the following terms and conditions apply to the marketing of goods and services through the SITE:
A. TERMS AND CONDITIONS
Throughout this document, the following capitalized terms will, unless otherwise indicated, have the meanings specified below:
• USER: represents the person accessing the SITE for private or professional purposes and has accepted the Terms and Conditions of this SITE, fulfilling all the requirements of the registration process in this respect.
• CLIENT: represents the person accessing the SITE for private or professional purposes and has accepted the Terms and Conditions of this SITE, fulfilling in this regard all the requirements of the registration process that initiates and finalizes an order.
• ABUSIVE USE: represents the use of the Site in a manner contrary to applicable practices, regulations and laws in force or in any other way that may cause harm to Danco Trade Facility SRL.
• ORDER: is an electronic document generated as a result of accessing the SITE by a CLIENT, which acts as a form of communication between the COMPANY and the CLIENT.
• CONTRACT: represents an ORDER confirmed by SOCIETY, through which the SITE agrees to deliver to the CLIENT products and services and the CLIENT agrees to make their payment.
• The SITE strives to maintain the correctness of the information displayed on the SITE. However, in view of possible mistakes about this information, the SITE states that the image / images of the products are / are of informative nature, and the delivered products may differ from the images in any way, due to changes in the features, the design, pre-notification by manufacturers. Also, some features or the price of the products presented on the SITE may be modified by the SITE without notice or may contain operating errors.
• Also, for reasons of space and coherent information structures, sometimes product descriptions may be incomplete, but the SITE dissuades sustained efforts to present the most relevant information. Detailed product views can be viewed on the respective manufacturers’ web pages.
• Promotions / offers on SITE are valid within the available stock limit. Discount coupons can be applied to all products, including those in other promotions, except for products in the „Discounts or Stock Liquids” category, products that do not support other discounts. The coupon value does not apply to the shipping charge. Coupons can not be cumulated. When placing your order, you can apply a single coupon both on the site and on the phone. Gift cards can be purchased directly from the site or by phone and can be applied to the site on all product categories, including shipping charges.
B. MAKING SELLING OPERATIONS ON THE SITE. THE CONTRACT.
• By launching a COMMITMENT on the SITE, the CLIENT agrees with the form of communication (telephone or e-mail) through which the SITE carries out its operations.
• If the SITE confirms the execution of an ORDER, this will imply full acceptance of the COMMENTS. Acceptance of the order by SITE is considered completed when there is an electronic email (e-mail) from the SITE to CIENT, without the need for a confirmation receipt from the latter.
• The SITE does not at any time regard an ORDER unconfirmed as having the value of a CONTRACT.
• The SITE reserves the right to cancel incomplete or non-basic commands as a contact telephone.
• Therefore, the CONTRACT enters into force upon confirmation of the ORDER by the SITE.
• These general terms and conditions of sale will be the basis of the CONTRACT concluded, in addition to being the Guarantee Certificate issued by SITE or a supplier thereof.
SUBJECT OF THE CONTRACT.
• The object of the CONTRACT is the product / products and services in respect of which the CLIENT has expressed the option to buy them by generating a SITE COMPETITION confirmed by the SITE.
THE PRICE OF THE CONTRACT.
• The price of the product / products is the one mentioned on the SITE.
• The price can be changed by the SITE at any time, without notice.
• To be applicable, the price of the product must be honest and serious. Thus, the SITE points out that there are cases when, due to site malfunctions or human errors, the price displayed on the SITE may not be the real one. In these cases, the SITE will inform the CLIENT of the correct price.
C. DELIVERY MODEL
• The SITE will fulfill its contractual obligations within no more than 30 days from the date when it communicated to the CLIENT the confirmation message regarding the ORDER. If you can not execute the CONTRACT because the product is not available, the SITE will inform the CLIENT about this situation.
• The SITE can deliver to the CLIENT a similar product with the same price if the product originally requested is not available, only after informing and with the consent of the CLIENT.
• The product will be delivered to the CLIENT through a courier company.
• THE SITE discharges from the risks and responsibilities associated with the products and services ordered by CLIENTS when they are handed over to the courier, based on the contract, or to the CLIENT’s representative.
• The SITE will ensure the proper packaging of the goods and will ensure the transmission of the accompanying documents to the CLIENT.
• The SITE will deliver the products and services only on the territory of Romania.
• The SITE informs CLIENTS that, in the case of delivery by courier, it is not authorized by the SITE to allow the CLIENT to open the parcels before signing the delivery, but only after signing the delivery and payment of their counter value.
D. GUARANTEE OF COMMERCIAL PRODUCTS
• All products marketed on the SITE, except for resized ones, benefit from warranty conditions that are in line with applicable laws and commercial policies of manufacturers. The products are new in their original packaging and come from sources licensed by each manufacturer.
• Complaints about product / product deficiencies can be reported by phone or e-mail email@example.com
Commercial Warranty. The commercial guarantee is in accordance with the warranty certificate issued by the manufacturer, depending on the product category and represents the period during which the consumer benefits from free repairs from the seller / manufacturer.
Compliance guarantee. All products benefit, by law, from the compliance guarantee, which represents the 2-year legal period in which the consumer is given the product free of charge. Conformity refers to the characteristics of the product offered to the consumer through the related advertised by the seller / manufacturer.
Within the compliance warranty period, the manufacturer repairs, replaces or repays the product value, pursuant to LG449 / 2003, Art.11, Clause 2. The repair time for repair can not exceed 15 calendar days from the date the buyer to the seller’s knowledge of the lack of conformity of the product.
According to OG21 / 1992, the seller is required to provide the consumer with a warranty certificate (for long-life products only), instruction manual / use.
E. PAYMENT MODALITIES
The price, payment method and payment term are specified in the ORDER. The SITE will issue to the CLIENT an invoice for the products and services ordered, the CUSTOMER being obliged to provide all the information required to issue the invoice in accordance with the legislation in force. Property on products and services will be transferred to the CLIENT at the time of payment.
• Cash payment (Refund): Payment in cash is made in EURO , in full, upon delivery of the products in the rambursement system. In the case of delivery of the product through a courier company, the payment of the product is made after the check of the package by the CLIENT. Payment will be made directly to the courier company based on the receipt.
F. RETURNING OF PRODUCTS
According to the legislation in force, the consumer has the right to notify in writing the trader that he / she renounces the purchase, without penalty, within 14 working days of receipt of the product or, in the case of service provision, from the conclusion of the contract. Therefore, the consumer has the right to return the purchased product in the state in which it was received, without penalty, within 14 working days of its receipt, with the direct return expenses being borne.
Return requests are made by phone or by email at firstname.lastname@example.org. The return request must include the identification data of the product and the person who purchased it. Besides the application, the file must contain, invoice in original and copy of the identity card of the person on whose behalf the invoice was issued.
If the product you ordered does not correspond to the SITE presentation or has manufacturing defects, you may request that it be replaced or repaid within 14 days from the moment you received it.
Information on the exercise of the right of withdrawal
• You have the right to withdraw from this contract, without giving any reasons, within 14 calendar days.
• The withdrawal period expires after 14 calendar days from the day you enter or a third party other than the carrier indicated by you in the physical possession of the products or in the case of multiple goods ordered by a single order and delivered separately , the date you enter or a third party other than the carrier indicated by you in the physical possession of the last product.
• In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract using an unequivocal statement sent by email to PRO SIMBA SRL at email@example.com.
• In order to comply with the withdrawal deadline, it is sufficient to send the notice on the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
• If you withdraw, we will refund any amount we have received from you, including delivery costs, except for the additional cost of choosing a different delivery method than the cheapest standard delivery we provide, without unjustified delays and, in any event, not later than 14 calendar days from the date we are informed of your decision to withdraw from this agreement.
• We will perform this refund using Bank Transfer Payment Method. To make the transfer, you need to provide us with a valid bank account with your name. You will not be charged fees due to such a refund.
• We may postpone reimbursement until the date we receive the products or until you have provided proof that you have returned the products, the nearest date being valid.
• Send the products or hand them directly to the address of the warehouse from which they were sent, the address you will receive in writing by e-mail immediately after you acknowledge receipt of the withdrawal request without undue delay and, in any case, no more than 14 calendar days from the date you submitted your withdrawal. The term is met if products are sent back before the expiry of the 14-day calendar period.
• You will have to bear the direct cost of returning the products.
• You are only responsible for diminishing the value of products resulting from manipulations other than those necessary to determine the nature, quality and performance of the products.
CAREFUL! FOR RETURNING THIS PRODUCT MUST BE IN THE STATE IN WHICH IT WAS RECEIVED, WITHOUT UTILITY FOR USE!
* Model of withdrawal form. This form is sent back filled in only if you wish to withdraw from the contract.
To PRO SIMBA SRL,
I hereby inform you of my withdrawal from the contract regarding the sale of the following products: …………
Ordered on ………… / received on …………
Consumer name …………
Consumer address …………
Signature (only for notification on paper) …………
• According to Article 9, Emergency Ordinance no. 34/2014 of 4 June 2014 on consumer rights in contracts concluded with professionals, „the consumer benefits from a 14-day period to withdraw from a distance or off-premises contract without having to to justify the decision to withdraw and without incurring any costs other than those provided under art. 13 par. (3) and art. 14. ”
• According to article 13 of the Emergency Ordinance no. 34/2014 „(1) The PRO SIMBA SRL professional) shall reimburse all the sums he has received as payment from the consumer, in any case no later than 14 days from the date when he is informed by the decision to withdraw from the contract of the consumer in accordance with Art. 11. (2) The professional shall reimburse the amounts mentioned in par. (1) using the same payment methods as those used by the consumer for the original transaction, unless the consumer has agreed to another payment method and provided that the consumer does not pay the commission due to the repayment . ”
Obligations of the consumer in case of withdrawal, according to article 14 of the Emergency Ordinance no. 34/2014
„(1) Unless the professional offered to recover the products himself, the consumer shall return the products or shall hand them to the professional or a person authorized by the professional to receive the products without undue delay and within 14 days from the date on which informed the professional of his decision to withdraw from the contract in accordance with art. 11. The term is respected if products are sent back by the consumer before the expiry of the 14-day period.
2. The consumer shall bear only the direct costs of returning the products, unless the professional accepts to bear the costs or the professional has not informed the consumer that these costs have to be borne by the consumer. […] 3. The consumer shall only be liable for diminishing the value of the products resulting from their handling, different from what is necessary to determine the nature, characteristics and functioning of the products. The diminution of the value of products should not be discouraging for the consumer to exercise his right of withdrawal. Whatever the situation, the consumer is not responsible for diminishing the value of the products if the professional has failed to inform him of the right of withdrawal in accordance with Art. 6 par. (1) lit. h).
(4) The professional must be able to prove the diminution of the value of the products resulting differently from what is necessary to determine the nature, characteristics and functioning of the products. ”
For the full version of the Emergency Ordinance no. 34/2014 click here
• Returned products will be sent to the address that will be communicated by the sales agent when the return is brought to his attention. The products will NOT be returned via the Romanian Post and will not be sent to any address other than the one specified by the sales agent.
• We would like to draw your attention to the fact that if the products whose return is requested show damaged or incomplete packaging, wear marks, scratches, blows, electric shocks, missing accessories, missing warranty certificates, we reserve the right to decide non-acceptance of return.
• If the legal right to return the product is exercised, the refund will be reimbursed within 30 days of the SITE accepting the return.
G. DATA SECURITY AND CONFIDENTIALITY POLICY.
The protection of personal data comes under the jurisdiction of Law 677/2001 and 506/2004 with the additions and modifications in force.
• The SITE is aware of the importance of protecting the information collected about you.
• The SITE will respect the confidential information you have provided and will not sell, offer, exchange any email addresses obtained through this site, disclose your e-mail address to others who access the pages of this site.
• Danco Trade Facility SRL is registered with the National Supervisory Authority for Personal Data Processing under no. 22434.
• The SITE certifies that it will respect the rights conferred by Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
• The SITE requires names, e-mail addresses, phone numbers, postal addresses, identity data from its clients. This information may be used by SITE to complete the orders sent by its clients to send the user confirmation of the orders, various special offers, promotions, etc. only with the prior agreement of the customer.
• According to the requirements of Law no. 506/2004 for the protection of individuals with regard to the processing of personal data and the free circulation of such data, regarding the processing of personal data and the protection of privacy in the electronic communications sector, the SITE has the obligation to administer safely and only for the purposes specified, the personal data you provide about yourself, a member of your family or another person. The purposes of data collection are: advertising, marketing and advertising as well as electronic communications services. It is necessary to provide the data, which are necessary for commercial communications, product delivery and tax documents issuance. Your refusal determines our inability to deliver your products.
• You have the right to access, to interfere with data, the right not to be subject to an individual decision and the right to appeal to the courts. At the same time, you have the right to oppose the processing of your personal data that concerns you and ask you to delete the data. In order to exercise these rights, you can address with a written request dated and signed at firstname.lastname@example.org.
• If some of your data is incorrect, please inform us as soon as possible of the email address mentioned in the previous paragraph.
• The SITE uses security methods and technologies, along with employee policies and work procedures, including controls, to protect personal data collected in accordance with applicable law.
• The SITE guarantees the security and confidentiality of data hosted and transmitted through its IT system. SITE does not assume responsibility for any loss of information caused by any malfunctions or errors of the software that is designed and hosted on the site and does not guarantee that the site, server / servers or emails sent by SITE do not contain viruses or other harmful components. Also, the SITE is not responsible for any malfunctions that compromise the security of the server on which the site is hosted.
• The SITE disclaims any responsibility for the content of the sites to which this webpage refers.
• The SITE reserves the right to modify both the content and the structure of the site at any time and without notice.
• Any attempt of any kind to change the image and information of this SITE except its legal owner without the prior consent of the SITE gives the unilateral and unambiguous right that the SITE makes use of all its prerogatives to address the competent courts to sanction these facts.
• Any changes to these privacy policies will be communicated to the SITE at least 10 days prior to their implementation.
H. LEGAL NOTICE
• The SITE can not be held liable for any loss if it is caused by non-observance of the present terms and conditions / the CONTRACT and the other instructions mentioned on the SITE.
• The SITE is also not liable for damages caused by the failure of the SITE and for those resulting from the impossibility of accessing certain accessible links from the SITE.
• The SITE is not responsible for damages of any kind that the CLIENT or any third party may suffer as a result of the SOCIETY performing any of its obligations under the CONTRACT and for damages resulting from the use of the products and services after delivery and in especially for product loss.
• The site owns the copyright of the entire content of the site – text and images. If you notice copyright infringement on our site, please email us at email@example.com
• For a free internal conciliation, write to us at firstname.lastname@example.org and we will respond within 24 hours.
• Neither party will be liable for non-performance of its contractual obligations if such non-execution is due to a force majeure event in accordance with applicable law.
APPLICABLE LAW – JURISDICTION.
• THE CONTRACT is subject to Roman law. Any disputes arising between the SITE and the CLIENT will be solved amicably or, if this is not possible, the litigation will be settled by the competent Romanian courts in Bucharest.