Article 1 – THE PURPOSE
General terms and conditions of sale will apply to all sales of goods and services by SC ELSACO BUSINESS SOFTWARE SRL, through the website www.eurobuy.ro to the buyer and can be modified only with written consent of both parties.
Article 2 – DEFINITIONS
Buyer: person, firm, company or other legal entity that can place an order. Seller: trading company SC ELSACO BUSINESS SOFTWARE SRL, having the headquarters in Botosani, Pacea 41A street, trade register number J07/90/2009, CUI RO 15969230.
Goods and Services: any project, equipment, material and/or part of the service, including documents mentioned in the order, or any other method to be supplied by the seller to the buyer. Order: an electronic document that comes as a method of communication between the seller and the buyer, in which the seller is agreeing on delivering goods and services and the buyer is agreeing to receive these goods and services and to make the according payment. Contract: an order that is confirmed by the seller.
Specifications: all specifications and / or all descriptions of Goods and Services as specified in the order.
Article 3 - CONTRACT DOCUMENTS
By launching an electronic order or by telephone on the mentioned websites, the Buyer is agreeing the form of communication (telephone or e-mail) on which the seller runs its operations. If the seller confirms the order, this will imply a complete acceptance of the Terms of the Order. The acceptance of the order by the seller is considered finalized when there is a verbal (telephone) or electronic (e-mail) confirmation from the seller to the buyer, without an acknowledgment from his side. The seller does not consider an unconfirmed order as an available contract.
Article 4 – VALIDITY
This Contract becomes available when the order is confirmed by the seller. The confirmation is done by telephone or by e-mail. General terms and conditions of sale will stand at the basis of the Contract, and in addition to this is the warranty certificate, issued by the seller or their provider.
Article 5 - EXTENDED OBLIGATIONS OF THE SELLER
5.2 The buyer can communicate with the seller by telephone, e-mail or by interacting with the managed website. The seller, has the liberty to manage the received information, without having to bring justifications for this and it is reserving the right to refuse the collaboration with clients manifesting innappropriate behaviour and language (aggressive, licentious and so on) or they have in history of their sales refused deliveries.
Article 6 - ASSIGNMENT AND SUBCONTRACTING
The seller can assign and subcontract a third party for services related to order fulfillment, informing the buyer, without having to gain his approval. The seller will always be responsible to the buyer for contractual obligations.
The seller is respecting the privacy and the security of personal data processing of each person visiting this website in order to perform online shopping.
The seller certifies the fact that he will respect the rights conferred by the law no. 677/2001 for protection of individuals regarding the processing of personal data and the free movement of data, modified and completed and the law no. 506/2004 of the personal data processing and protection of private life in the electronic communications sector (this enacment is also stated, depending on the case).
The seller guarantees data security and confidentiality hosted and sent by its information system and will commit to use them exclusively for the purpose of which it was collected - placing orders and commercial communication regarding the activity held through the website www.eurobuy.ro. The seller does not encourage SPAM and as such is commited not to send unsolicited messages. The seller can send informative messages regarding the activity developed through the website www.eurobuy.ro, offers and current promotions. These messages will be sent to the buyer only with his expressing consent. The buyer benefits from the right to access and intervene on the personal data, the right not to be subjected of an individual decision and the right to appeal to justice. Also, he has the right to oppose processing of personal data which will solicit freely to erase the data*.
*For exercising those rights, the buyer can appeal to customer service using the e-mail address firstname.lastname@example.org.
Article 8 – INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS (DPI)
The whole content of the website www.eurobuy.ro (representing texts, descriptions of products, technical features, images, symbols) are the property of SC ELSACO BUSINESS SOFTWARE SRL and/or of their associates, partners, suppliers and is protected according to copyright laws and the laws regarding the right to intelectual and industrial property.
Reporting issues regarding aspects of intellectual property rights can be done by e-mailing to email@example.com.
Article 9 – TERMS
If the delivery time of the order can not be fullfilled and/or starting the order, the seller is obliged to announce the buyer of the estimated time of completion of the order. If the seller receives incorrect information about the billing and delivery of products, a new time of honoring the order will be set.
Article 10 BILLING-PAYMENTS-PROMOTIONS
Pricing, method of payment and payment term are specified in the order. The seller will issue an invoice to the buyer for the delivered goods and services, buyer's obligation being to provide all the information necessary to issue the invoice accordance with the law.
Article 11 - RISKS AND RESPONSIBILITIES
The seller is obliged to deliver goods and services in a door-to-door system to the buyer. The seller will accomplish its contractual duties in less than 30 days from the date which the buyer received the confirmation message of the order. In case the contract could not be performed due to the product not being available, the seller will inform the buyer about this situation and the amount of money spent by this person will be returned in less than 30 days. The seller can deliver a similar product having the same price, in the situation where the solicited product is not available, only with your consent.
11.2 Shipping and packaging
Apart from the case which is agreed by the seller and the buyer differently, the seller discharges himself of the risks and responsabilities associated with goods and services from the moment of turning them to the buyers representative. The seller will ensure proper packaging of the goods and services and it will ensure transmission of documents. The seller will carry out the delivery of goods and services on the Romanian and European territory.
Article 12 – Exercising the right of withdrawal
According to law - Emergency Ordinance 34/2014 on consumer rights, the buyer benefits from a 14 days period to withdraw from the present contract, without giving any reason. The period of withdrawal mentioned above, expires in 14 days from the day the buyer or a third party, other than the carrier and is indicated by the consumer, enters in the physical possesion of the products.
For exercising the right to withdrawal, the client informs the buyer about his decision to withdraw from the contract using one of the following methods:
The notice will be sent to the address S.C. ELSACO BUSINESS SOFTWARE S.R.L, Pacea 41A street, 710 013, Botoşani, Botosani, Romania, Fax +40 231 532 905, E-mail: firstname.lastname@example.org.
Model withdrawal form
Consequences of withdrawal
The seller will reimburse any amount of cash that he got from the client, including delivery cost, with the exception of additional costs determined by the fact that the client has chosen other delivery form than the cheapst standard delivery offered by the buyer, without unjustified delays and, in any case, not later than 14 days from the date in which the seller was informed about the clients decision to withdraw from the present contract. The seller can postpone the reimbursement until the date he receives back the products or until the client provides proof that he sent back the products, being the closest date. The seller will make this reimbursement using the same method of payment as the one used for the initial tranzaction, with exception of the case where the client specifically chose another method of reimbursement; in any case, no commissions will be perceived as a result of this reimbursement. Returning the products to the seller can be done directly by carrier/mail to the following address: S.C. ELSACO BUSINESS SOFTWARE S.R.L, Pacea 41A street, Botosani, Botosani, without unjustified delays and in less than 14 days from the day that the client exercised his right to withdraw from the contract. The terms are respected if the products are sent to the seller before the expiration period of 14 days.
According to the law, the right to waive the purchase is only available for the individuals and not for legal entities.
Article 13 - COMPLIANCE WITH LAWS AND STANDARDS
The seller will respect all laws, regulations and ordinances applicable on his contractual realizations, including without limitations on manufacturing, assemblying, manipulation, transport, storage, packing or delivering goods and services applicable on health, security and environment.
Article 14 - FORCE MAJEURE
Neither party will be liable for failure to execute their contractual obligations, if that sort of failure is due to an event of force majeure. Force Majeure is the unforeseeable event, outside of controlling parts and can not be avoided.
Article 15 - APPLICABLE LAW - JURISDICTION
This contract is subject to romanian law. Any disputes arising from interpretation and executing this contract shall be settled amicably, and in the case it doesn't reach an agreement amicably it will be appealed to competent courts from the seller's headquarters.
Article 16 - VARIOUS PROVISIONS
If one or more provisions of the present contract are in conflict with any other applicable legal requirement, the called provisions won't be applied and both parts will make an effort together to settle on new provisions which will respect the initial provisions.
Parties from the contract will be considered independent contractors and neither of those parts will not be given the right or the authority to take or create any obligation or harm on each other. The terms and conditions of this contract are replacing any other written or oral agreements, of the mentioned parties, regarding the subject of this contract and can not be modified or changed except by the written consent of both parties.