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“FURTUNURI GROUP” Ltd. GENERAL TERMS FOR SALE OF GOODS THROUGH THE ONLINE STORE WWW.dexyflex.RO
1. GENERAL PROVISIONS
1.1. Present General Terms govern the rules and conditions for sale of door mats and other articles, carried through the online store www.dexyflex.ro (hereinafter referred to as “online store") to “FURTUNURI GROUP” LTD.
1.2.These General Terms constitute a sale contract between “FURTUNURI GROUP” LTD based in the city of Bucharest and address: 2-6, Toporasi Str., fl.2-1, Sector 5, reg. Supreme Administration Court, file.№ J40/2663/2004, UIC RO 16 165 382, hereinafter referred to as Seller and their Buyers, preliminarily establishing terms and conditions, under which transfers the ownership of goods sold and the payment of their price.
1.3. The Seller grants the Buyer the opportunity to purchase the goods offered on the e-store by making an order and paying the price, subject to these General Terms.
1.4. The sale contract between the Seller and the Buyer shall be deemed concluded at the time of confirmation of the order made by the Buyer and when placing an order for an unavailable item the contract is deemed concluded at the time of payment of the price of the item.
2. For the purposes of these General Terms the following terms are used with the following meaning:
2.1. „Online store" is a website with the following electronic address www.dexyflex.ro for e-commerce, which is a platform for remote selling of goods, to be delivered upon their explicit order by the Buyer.
2.2. „Online store customer” (hereinafter referred to as „buyer”) is any natural or legal person carrying out actual activities in the online store aimed at purchase of goods;
2.3. „Goods” means any of the items offered in the online store which is described by their basic characteristics, picture and selling price.
3. PURCHASE ORDER
3.1. Each purchase order in the online store shall be submitted and carried out under the General Terms. In case of dispute whose will is to be bound by the text of these General Terms, for a contracting party is considered the person who made the order and/or has paid the price for the purchase of goods applied for the procurement of unavailable goods.
3.2. The Buyer places the order by filling out an electronic form, in which necessarily should be pointed out: delivery address, email address and phone contact.
3.3. The Seller does not guarantee the availability of the ordered items. Failing to fulfill its obligations by the reason that the goods ordered for purchase are not available in stock or cannot be manufactured in reasonable time, the Seller is obliged within 7 /seven/ working days after receipt of order to inform the Buyer on the given email address or phone number.
3.4. For unavailable goods the Seller states delivery time other than that of p. 4.2. of the present General Terms, which the Buyer may agree or refuse.
3.5. The Seller confirms the order made by the Buyer by sending an email to the electronic address indicated by the Buyer in the electronic order form.
3.6. The Seller is not bound by orders made by the Buyer. These are binding on the Seller when the value of the order is paid in full by the Buyer.
3.7. At the time of the order the Buyer expresses their unconditional agreement to the present General Terms by a specific appendix, namely, by ticking the box „I accept the General Terms for sale of goods through this online store and declare that am older than 18 years of age”, by which the Buyer makes an electronic statement within the meaning of the Electronic Document and Electronic Signature Act, by which declares that they are familiar with the present General Terms, accepts them unconditionally, without restrictions and/or objections and undertakes the obligation to observe them. Consent to the present General Terms will be deemed the action of placing a purchase order of goods by the Buyer.
3.8. By accepting these General Terms, the Buyer gives their express agreement to receive commercial notifications by e-mail.
3.9. The Seller reserves the right to restrict the sale of certain items presented in the online store www.dexyflex.ro
4.1. The Buyer is obliged to put in the electronic form for delivery the following information: name and surname / company name of the Buyer or the person who takes delivery, accurate delivery address, including: street, number (block, entrance, floor, apartment if available), postal area code, city name, phone number and email address for feedback
4.2. If the requested item is available, it shall be delivered to the Buyer’s delivery address within 7 /seven/ working days, except cases as per p. 3.4. of the present General Terms.
4.3. The period in the preceding paragraph shall begin from the moment when the item is paid, except for the cases when a specific item is mentioned to be possible to be paid by cash on delivery. In case that there is an opportunity and the Buyer chooses payment by cash on delivery, the period shall begin from the moment of the order.
4.4. Delivery is made through the services of a courier company and is paid by the Buyer.
4.5. When given opportunity and choice on the part of the Buyer – payment by cash on delivery, the cost of the courier company in money collection is at the expense of the Buyer.
4.6. The Seller reserves the right to refuse delivery of confirmed order if the mode of delivery is objectively difficult. In this case, if for a particular order a payment has been made on the part of the Buyer, the Seller at its own expense shall reimburse the Buyer the amount paid.
4.7. Loading and unloading at delivery are not responsibility or liability of the Seller or the courier, but of the consignee.
4.8. The obligation of delivering the goods shall be deemed to be satisfied with the delivery of the goods to the building in which the delivery address indicated in the delivery form is located.
4.9. In the absence of a person to receive the shipment during working hours at the delivery address indicated by the Buyer, the Seller shall make every effort to contact the Buyer on the phone number given. If such a connection cannot be established due to the Buyer not responding to the call or the phone being switched off, as well as in the case of a phone number incorrectly indicated by the Buyer, the delivery of the package shall be processed in accordance with the courier company package delivery terms and conditions.
4.10. Should an incomplete, incorrect or wrong address and/or phone number are indicated when submitting the order, the latter is to be considered void and the Seller has no obligation for its implementation.
4.11. In case the Buyer indicates as means of payment – wire transfer, debit or credit card or another means of payment and fails to make one, then the Seller has no obligation for delivery of the goods ordered.
4.12. Should the Buyer has indicated that the payment will be made by cash on delivery, but it has been rejected after being given the opportunity, then the Seller has no obligation for delivery of the goods.
5. DELIVERY OF GOODS
5.1. The goods shall be transmitted to the Buyer or a third party who receives and acknowledges the receipt of the same on behalf of the Buyer by signing the documents accompanying the goods.
5.2. If the Buyer is not found in the delivery period at the address given or no access and conditions for goods transmitting in this period is provided and this has led to the inability of handing the shipment, through no fault of the Seller, the latter is released of their obligation to deliver the goods ordered.
5.3. For delivery „cash on delivery”, the goods shall be transmitted only after cash payment by the Buyer /or other recipient/ of the amount as per the cash on delivery indicated on the waybill accompanying the shipment.
6. PRICES AND METHODS OF PAYMENT
6.1. The prices of the articles in the online store are duly listed in the boxes, which contain information on those items. Prices are given in EUR and RON with VAT included, calculated at the Raiffeisenbank Romania sale rate for EUR at present. Prices are for single quantity and price does not include the value of the delivery cost and the money collection service cost at cash on delivery.
6.2. The price for delivery, the money collection cost at delivery with cash on delivery is paid by the Buyer in accordance with the price list of the courier company.
6.3. The Seller reserves the right to change the prices of the items at any time. If an order confirmed by the Seller, the price of the specific article/s under this order is not subject to change during the confirmation of the order until payment is made within the prescribed period below pursuant p. 6.11.
6.4. Any trade discounts on items are not related to items that are on sale.
6.5. Payment for the purchases made on the online store is carried out by the payment options offered on it:
6.6. The Seller reserves the right to use other payment methods or to restrict the payment methods of the purchases made for all of part of the items offered.
6.7. Payment of all goods offered in the online store is made at their order, except for the cases when for a specific item is explicitly stated that it is possible to be paid by cash on delivery.
6.8. Payment of the price of goods in the online store is made only with the consent of the Buyer and failure on their part to pay the amount of the order, the Seller has the right to refuse to conclude a sale contract and deliver the ordered.
6.9. Payment of all goods offered in the online store shall not be treated as advance payment.
6.10. The Buyer agrees that the activity of advance payment for goods, when applicable, will be considered their express agreement for advance payment carrying out.
6.11. When selected method of payment is out of the electronic store, the Buyer must pay the amount due within 7 (seven) working days after order confirmation by the Seller. If during the period under the preceding sentence in the bank account of the Seller the amount due for the specific order is not received, the Seller considers that the Buyer refuses the order and cancels the order on grounds of „transfer not received".
7. GOODS REVIEW. WARRANTIES. CLAIMS
7.1. Upon receipt of goods the Buyer shall immediately examine it and if obvious defects and/or lack of any accompanying accessories are found, immediately inform the person making the delivery. In this case a certified report is made in two copies which are to be signed by the consignee and the representative of the courier company. In the report the obvious defects must be described.
7.2. In the case that the Buyer fails to make a claim on time or even make one but does not sign the certified report under p. 7.1., the latter loses the right to later claim that the item is delivered with obvious defects and/or lack of any of the accompanying accessories.
7.3. Claims for goods purchased through the online store shall be made under the rules of the Legea № 363/2007 privind combaterea practicilor incorecte ale comerciantilor in relatia cu consumatorii. Address for complaints: Post Office 1, P.O. Box 3, Brasov, Contact phone: +40 755 618 618, Customers email: firstname.lastname@example.org
7.4. The Buyer is obliged to examine the goods within 10 days of receipt and unless they meet the requirements immediately notify the Seller. If the Buyer fails to do so, the goods are considered to be finally approved.
7.5. Goods sold by the Seller have a manufacturers’ conformity certificate and a warranty certificate.
7.6. The Seller declares that they have all the necessary documents in relation to the sales of goods carried out by them in accordance with Law 608/2001 and Law 449/2003.
7.7. The Seller shall present, if requested by the Buyer, certificates and documents related to the goods sold by them in accordance with the applicable at the time of the sale Romanian legislation, including a conformity certificate for the goods sold with the ones from the respective manufacturer and a warranty certificate.
7.8. The Seller declares and guarantees that the goods sold by them do not endanger the life, health, occupational safety and environmental protection in case they are installed, used, maintained or provided, as applicable, in accordance with their purpose.
7.9. A claim should be filed in writing, containing a date, necessary for identification of the goods, delivery document, number of invoice the respective goods have been delivered with and with a precise description of the nature of the alleged defects and is subject to approval after establishing that their occurrence is not due to poor loading, transportation, storage or misuse by the Buyer.
7.10. The Buyer loses the right to claim:
- with regard to the defects which can be noticed in plain view of the item (including those in the package) from the moment when accepts the goods;
- upon each mixing, processing, use or repackaging of the goods which is considered an unconditional sign of their acceptance.
7.11. All claims and warranties are excluded after the Buyer sells the goods to third parties.
7.12. The Seller is not responsible for inappropriate use of the goods, carrying out of tests with them and manufacturing items from them.
7.13. The validity of the claims filed is assessed by the Seller on the basis of the samples presented or in direct view of the goods claimed.
7.14. The Buyer is obliged to keep the goods received by them, and to ensure the preservation of their quality and safety.
7.15. The Seller is not liable for the expenses the Buyer has made when purchasing of the goods.
7.16. In case of claim acceptance the Seller may offer a replacement with quality goods at their own expense or cost reductions not exceeding 10 % /ten per cent/ of the contracted value of the goods.
7.17. Small, ordinary in business relationships or technically unavoidable deviations in quantity, quality and size cannot be reclaimed.
7.18. Any other liability of the Seller except the reclaimed liability engaged under the above mentioned order is excluded under the present General Terms.
8. RETURN OF ITEMS PURCHASED FROM THE ONLINE STORE
8.1.Within 10 (ten) working days from the date of delivery of the goods a Buyer who is a natural person and has received the goods purchased from the electronic store by a courier, has the right to return the goods purchased without a penalty and without indicating a reason, in accordance with the restrictions of Art.10 of OG 130/2000.
8.2. In case the Buyer exercises their rights under the preceding article, they should send a statement of refusal of the contract concluded to the Seller and return the goods at their own expense and intact, completely packed, together with any accompanying documents, without any internal or external defects, in the original manufacturer’s packaging as the costs for returning of the goods are at Buyer’s expense. In case that the goods are returned in condition that does not allow their selling as new, the Seller reserves their right to charge a fee to bring the goods returned in original condition (if possible) or to cover the difference in the price, resulting from selling of the goods as second hand or at the request of the Buyer, the Seller will send them new goods. In this case the delivery costs are borne by the Buyer. In case the Buyer fails to comply with the above conditions the Seller has the right to refuse termination of the contract concluded.
8.3. The statement under Art.8.2 should be sent to the address indicated on the contact page of this web site.
8.4. The Seller is obliged to reimburse in full the Buyer for the sale price paid thereof not later than 30 (thirty) days from the date on which the Buyer has exercised their right under art. 8.2.
9. FINAL PROVISIONS
9.1. The Seller takes care that the information in the online store is always maintained accurate and current as accurate information can be received on the phone numbers listed on the contact page of this web site.
9.2. There are possible discrepancies between the colour shades of the photographs on the online store web site and the actual colour shades of the products.
9.3. The Seller does not guarantee that access to the online store will be uninterrupted, timely, secure and free of errors as far as this is out of the Seller’s capacity, control and will.
9.4. The Seller guarantees the inviolability of information containing personal data provided by Buyers. Disclosure is only possible in cases when information is required by state bodies or officials authorized by law to request and collect information containing personal data and subject to the statutory order. By accepting these General Terms the Buyer expressly gives their indefinite and unconditional agreement personal data provided by them to be collected, stored, processed and used by the Seller for the purposes of the sale contract and the delivery of goods ordered through the online store.
9.5. The Seller is not liable for failure caused by force majeure (natural disaster, social unrest, action of a state of municipal body etc.). Obligations shall be suspended during the force majeure.
9.6. Present General Terms come into force upon publication. The Seller reserves the right to make modifications to these General Terms at any time. The modifications made take effect from the date of publication on the present Internet web site and do not apply to confirmed orders placed before that time.
9.7. Any dispute regarding the existence and operation of these General Terms or in connection with violations thereof including disputes and disagreements concerning validity, interpretation, performance or breach as well as to all matters pending in the General Terms shall apply the provisions of the civil and commercial legislation of the Republic of Romania; with parties govern their relationship by agreement. Failing to reach an agreement the dispute shall be referred to the Bucharest District Court.
These „”FURTUNURI GROUP” LTD General Terms for sale of goods through the online store www.dexyflex.ro” have been adopted by resolution of the Administration Board of the FURTUNURI GROUP LTD SRL from 10.01.2019.