1. DEFINITIONS AND TERMS
IPEC - is the trade name of SC IPEC SA, Romanian legal person, with headquarters in Alba Iulia, Simion Barnutiu Str., Nr. 17, registered at the Trade Register under number J01 / 1368/1994, having CUI RO6698299.
The Seller - SC IPEC SA
The Buyer - natural / legal person or any legal entity which makes an Account on the Site and performs a command.
Client - natural person / legal entity that has or obtains access to content through any means of communication provided by the IPEC (electronic, telephone, etc.) or based on usage agreement existing between IPEC and the Buyer which requires the creation and use of an Account.
User - any person / legal entity registered on the site, which by completing the signup process, has agreed on the specific terms of the site from the General Terms and Conditions section.
Account - section of the site consists of an e-mail and password that allows transmission The Buyer Order and contains information about Client / The Buyer and The Buyer Site history (orders, invoices, warranties goods, etc.).
Site - www.ipec.ro domain and its subdomains.
Order - an electronic document that comes as a form of communication between the Seller and the The Buyer by which the The Buyer transmits the Seller through the Site his/her intention to purchase goods and services from the Site.
Goods and services - any product or service, including documents and services mentioned in the Order, which will be supplied by the Seller to the The Buyer as a result of the contract.
Campaign - action of exposing commercially, a finite number of goods and / or services with a predefined and limited stock for a limited period of time determined by the Seller.
Contract - the distance contract is concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
• All information on the site can be visited, viewed or otherwise accessed through the use of electronic equipment;
• the content of any e-mail sent to the Buyers electronically by the Seller and / or any other means of communication available;
• any information communicated by any means by an employee / collaborator of the Seller, the Buyer, according to the contact information specified or not;
• information about the goods and / or services and / or tariffs charged by Seller within a certain period;
• information about the goods and / or services and / or tariffs by a third party with whom the Seller has signed partnership agreements in a particular period;
• Sales data, or other data inside of it.
Document - these Terms and Conditions. Transaction - a collection or repayment of an amount resulted from the sale of a good and / or service by IPEC, to the Shopper, by the use of the card processor agreed by the Seller, regardless of the delivery method.
Specifications - all specifications and / or descriptions of Goods and Services as are specified in the description.
2. CONTRACT DOCUMENTS
2.1. By placing an order on the Site, The Buyer agrees with the form of communication (phone or email) by which the Seller carries out its business operations.
2.2. The notification received by the Buyer, after the Order has informational purposes and it does not mean accepting the order. This notification is done electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to modify the quantity of Goods and / or Services in order. If the Seller changes the quantity of goods and / or services in order will announce the the Buyer by e-mail or phone number available to the Seller at the checkout and will return the amount paid.
2.4. The contract is concluded between the Seller and the Buyer upon receipt by the Purchaser from the Seller, via email and / or SMS notification of shipment of the order.
3. POLICY FOR ONLINE SALE
3.1. Access for performing an Order is allowed to any Client / Buyer.
For legitimate reasons IPEC reserves the right to restrict consumer’s / purchaser’s access in order to make an Order and / or some of the payment methods accepted, if it considers that based on the conduct or the activity Client / The Buyer on the Site, its actions could in any way prejudice IPEC. In either case, the client / the Buyer can address the Customer Department of IPEC, to be informed of the reasons which have led to the measures mentioned above.
3.2. Communication with the Seller can be achieved through direct interaction or by the addresses mentioned in contact section of the site. The seller has the freedom to manage information received without having to bring justification for this.
3.3 In the event of an unusually high volume of traffic originated from a network of Internet, IPEC reserves the right to require the consumer / purchaser to introduce manually captcha validation codes to protect information within the Site.
3.4. All charges related to Goods and / or Services provided on the Site are expressed in lei (RON) and include VAT
3.5. In online payment, the Seller is not / can not be held responsible for any other additional cost borne by the Buyer, including but not limited to fees for currency conversion applied by the bank that issued the card to him, if the currency issuance differs from RON. The responsibility for this action wears only the Buyer.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
4.1. Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and / or multimedia content presented on the Site are the exclusive property of IPEC, having reserved all rights obtained in this regard directly or indirectly (via the licenses for the use and / or publication).
4.2. The Customer / the Buyer is not allowed to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any other context than the original one intended by IPEC, including any content outside the Site, removing signs that signify the copyright of IPEC on Content and participation in transfer, selling, distribution of materials made by reproducing, modifying or displaying Content, except with express written consent of IPEC
4.3. Any Content to which the Customer / the Buyer has and / or gains access by any means, it is subject Document, if the content is not associated with a specific usage agreement valid, between IPEC and this without any guarantee implicitly or deliberately stipulated by IPEC, with reference to that content.
4.4. The Client / the Buyer can copy, transfer and / or use the Content only for personal or non-commercial purposes only if they do not conflict with the provisions of the Document. 4.5. Any Content submitted by the Client or the Buyer by any means of communication (electronic, telephonic, etc) or acquired it by accessing, visiting and / or viewing does not constitute a contractual obligation from IPEC and / or employee / the presumed IPEC who mediated transfer of content, if any, to the respective content.
4.6. It is forbidden to use any Content for any other purposes than those expressly permitted in this document or the user agreement that accompanies, if it exists.
5.1. The Client / the Buyer can place orders on the site by adding the Goods and / or Services desired in the shopping cart, performing command will be completed only after the payment by one of the ways expressly indicated. Once added to the shopping cart, a good and / or service is available for purchase to the extent that there is stock available for it. Adding a good or a service to the shopping cart, without the completion of Order does not entail the registration of orders, thus there will be no automatic booking for goods or services.
5.2. By checkout, the Buyer agrees that all necessary data provided in the process of purchasing, are accurate, complete and true at the time of placing the Order.
5.3. By checkout, the Buyer agrees that the seller can contact him by any means available / accepted by the Seller, in any situation where it is necessary for the Buyer to be contacted.
5.4. The seller may cancel the Order made by the Buyer, after prior notification to the Buyer, without any further obligation from any party against the other or neither party has to ask for damages in the following cases:
5.4.1. non-acceptance by the Purchaser issuing bank of the transaction, in the case of online payment;
5.4.2. invalidation of the transaction by the card processor agreed by IPEC in online payment;
5.4.3. data provided by the Client / the Buyer on the Site are incomplete and / or incorrect;
5.5. The Buyer has the right to withdraw from the contract and return a good or drop a service, within 14 calendar days without giving any reason and without incurring any costs other than those for delivery.
According to GEO No. 34/2014, the return period of a good or a service waiver expires within 14 days:
- the day the the Buyer takes physical possession of the last good
- if the Buyer orders multiple products in one order and and they will be delivered separately - the day the Buyer takes physical possession of the last lot or the latest parts - in the case of delivery of a product consisting of multiple lots or pieces,
5.6. If the Buyer decides to withdraw from the contract, it will contact the Seller by phone or by electronic mail.
5.7. If the customer / the Buyer requests the withdrawal of the Contract within the legal deadline to withdraw from the contract, the Buyer must return any gifts that accompanied the product if any. If the order is paid, the seller will refund within 14 (fourteen) days from the date of informing the Seller by the Buyer of its decision to withdraw from the contract. The amount will be refunded as follows:
5.7.1 paid card for online orders -> the refund in the account from which payment was made; 5.7.2 for orders paid with Op / cash / iTransfer / Card bancar-> by bank transfer;
5.7.3.The Seller may defer repayment until receiving the goods sold or until receipt of proof which shows that they were consigned
5.7.4 If a good and / or service ordered by the Buyer can not be delivered by the Seller, the latter will inform the customer / the Buyer of this fact and will return in the the Buyer's account equivalent value of the asset and / or services within maximum 7 (seven) days from the date when the seller acknowledges this fact and the date on which the the Buyer has expressly stated the intention to terminate the Contract.
6.1. IPEC will keep confidential information of any kind that you provide. Disclosure information provided will be possible only under the conditions mentioned in the present document.
6.2. No public statement, promotion, press release or any other manner of disclosure to third parties will not be made by the the Buyer / Client on the Order / Contract without the prior written consent of Seller.
6.3. By submitting information or material through this site, you provide unrestricted and irrevocable access to the Seller, the right to use, reproduce, display, modify, transmit and distribute those materials or information.
You also agree that the Seller can freely use, in his own interests, such information, ideas, concepts, know-how or techniques that you send through the Site. IPEC will not be subject to obligations relating to confidentiality of the information sent, if legislation does not provide other mentions in this regard.
6.4. By enrolling in the database of IPEC, the Client / the Buyer offers express consent, within legislation, to be contacted by third parties, partners of IPEC: providers of marketing services, other service providers in order to meet specific Contract agreements, concluded between the Buyer and the Seller, as well as state agencies, government, when specific legislation provides this; and other companies with which IPEC can develop joint offering programs on the market of Goods and /or Services, etc.
7. BILLING – PAYMENT
7.1. The prices of Goods and Services displayed on the site www.ipec.ro include VAT, as required by law.
7.2. The price, method of payment and the payment date are specified in each command. The Seller will issue an invoice for goods and services delivered to the Buyer, and it is the Buyer’s obligation to provide all necessary information according to legislation.
7.3. The seller will send the Buyer's bill on the related Order containing the goods and / or services sold by IPEC, as well as any other payments related Order, exclusively in electronic format by adding invoice in the Buyer's account or by mail, at the e-mail mentioned by the Purchaser in his account.
7.4. For a correct statement of the related invoice Order, the Buyer incumbent obligations is to update any data of the account whenever is necessary, and access the information and documents related to each order in the account.
7.5. With this way of communicating the Buyer, by accessing the Account, will hold a record of invoices issued by IPEC and can save and archive them to turn at any time and in any way he wants.
7.6. By submitting the Order, the Buyer agrees to receive invoices in electronic format, these being added by IPEC in the account or by electronic mail, at the e-mail mentioned in his account.
7.7. If these information is unavailable for more than 48 hours in the Account, please notify us to the email address: email@example.com payment
7.8 Card details of the Client / the User / the Buyer will not be available to IPEC and will not be stored by the IPEC or by payment processor integrated into the site, but only by the institution authorizing the Transaction or another entity authorized to provide data storage card identification, about whose identity the Client / the User /the Purchaser shall be informed prior to data entry.
7.9. In certain cases, to maintain the security of transactions when registrating the Order, the Buyer will be asked to authorize payment by reintroducing password related.
7.10. For security reasons of Transactions, the Client / the User / The The Buyer is advised not to stay logged on site and avoid the automatic login option on mobile devices. Sharing the account's password is not allowed and it is highly recommended the use of passwords with strong security (e.g.: it should contain at least eight characters, including uppercase, lowercase, numbers and special characters).
8. DELIVERY OF GOODS
8.1. The seller is obliged to deliver goods in system of door-to-door delivery to the Buyer or in the showroom from Alba Iulia, Alexandru Ioan Cuza Str., nr 33-38, in case it is the client's choice of lifting products from there.
8.2. The Seller will ensure proper packaging of the Goods.
8.3. The Seller will make delivery of Goods and Services only in Romania.
9. TRANSFER OF PROPERTY ASSETS
9.1. Ownership of the Goods shall be transferred at delivery, after Buyer’s payment at the location indicated in the Order (meaning the delivery - signing for receipt of the transport document provided by courier or signing the receipt invoice in case of deliveries made by the Seller personnel)
10.1. The Seller can not be responsible for damages of any kind that the Purchaser or any third party may suffer as a result of the performance of the Seller of any of its obligations under the Order and for damages resulting from the use of Goods and Services after delivery and especially for loss.
10.2. By creating and using the Account, the Client / the User / the Purchaser assumes responsibility for maintaining the confidentiality of account (username and password) and for managing access to his account, and, to the extent permitted by law, is responsible for activities conducted through your Account or
10.3. By creating the Account and / or using the Content and / or placing orders, the Client / the User / the Buyer accepts expressly and unequivocally the terms and conditions of the Site’s last updated version which is communicated on the Site at the moment of Account’s creation and / or using content and / or the date of order.
10.4. After the creation of the Account, utilizing the content equivalates with accepting the Changes on the Terms and Conditions on the Site and / or updated versions of the site’s Terms and Conditions.
10.5. Site’s Terms and Conditions can be modified at any time by IPEC, as against the clients /the users / the Buyers from date of posting on the Site. Acceptance of Terms and Conditions Site is confirmed by checking the appropriate checkbox on the Site and / or by sending the Order and / or by an online payment.
11. PROCESSING OF PERSONAL DATA 11.1. According to Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, modified and supplemented, IPEC has the obligation to manage safely and only for specified purposes, personal data that you provide.
11.2. The purpose of data collection is
- informing the Clients / the Buyers on the status of their account including validation, dispatch and billing orders, solving the cancellations or problems of any kind relating to an order, to goods and or services purchased, - market research, tracking and monitoring of sales and the customer/ the buyer’s behavior
11.3. By filling in the form of account creation and / or Order the Buyer declares and accepts unconditionally his personal data to be included in the database of IPEC, and agrees expressly and unequivocally that all such personal data to be stored, used and processed in order stipulated in paragraph 11.2 above. 11.4. By reading the document you acknowledge that you are guaranteed the rights provided by law, namely the right to be informated, the access to data, the right of intervention, the opposition right, the right not to be subjected to an individual decision, the right to address justice in case of violation of rights guaranteed by Law 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
11.5. Based on a written, dated, signed application sent to: SC IPEC SA, Alexandru Ioan Cuza Str., Nr 33-38, Alba Iulia city, Alba county, you may request once a year, free of charge to confirm that your personal data are processed or not.
11.6. Based on a written, dated, signed application sent to: SC IPEC SA, Alexandru Ioan Cuza Str., Nr 33-38, Alba Iulia city, Alba county, you can exercise the right to change the data, as appropriate:
11.7. correction, update, delete or lock data whose processing does not comply with the law 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, especially incomplete or inaccurate data;
11.7.1. transformation into anonymous data whose processing does not comply with the law 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data;
11.7.2. notifying the third party to whom the data were disclosed, unless this proves impossible or involves a disproportionate effort towards the legitimate interest that could be harmed.
11.8. Also, IPEC can provide personal data of the Buyer to other companies with whom it is in partnerships, but only under a pledge of confidentiality from them and only for the purposes mentioned in paragraph 11.2., which guarantees that these data are kept secure and that the provision of personal information is required by law, as follows: providers of courier services, providers of marketing services, providers of payment services / banking, telemarketing or other services provided by companies that we can develop joint programs on goods and services market, insurers.
11.9. The Buyer's personal information may be provided to the General Prosecutor, Police, courts and other authorities of the state, under and within the law and as a result of requests expressly stated.
12 MAJOR FORCE
12.1. Neither party shall be liable for failure to perform its contractual obligations, if such non-performance on time and / or properly, totally or partially is due to a force majeure event. Force majeure is unforeseeable event, beyond the control of the parties and can not be avoided.
12.2. If within fifteen (15) days from the date of his respective event does not stop, each party shall be entitled to notify the other party rightful closure of the Contract without any of them could ask for other damages.
13. APPLICABLE LAW - JURISDICTION This contract is subject to Romanian law. Any disputes arising between IPEC and the clients / the customers will be solved amicably or, if it will not be possible, disputes shall be settled by the competent Romanian courts in Alba Iulia.