Article 1 - PURPOSE
The General Terms and Conditions of Sale (hereinafter G.T.T.C.S.) shall apply to all sales of goods and services by ALLURE TANSOR SRL, through the Velar online store to the Buyer and may be modified only with the express written consent of both parties.
In this G.T.T.C.S., the following terms shall mean:
„Buyer”: The person, company or other legal entity issuing an order.
„Seller”: Commercial company ALLURE TANSOR SRL, based in Bucharest, Cooperativei Road No.20A, District 5, ZIP 052755 registered under number J40/24671/19.12.2022, Registration No. 36051005, VAT No. RO36051005.
„Goods and Services”: Any project, equipment, material and/or part thereof or service, including documents and services mentioned in the order or otherwise relating thereto to be supplied by the Seller to the Buyer.
„Order”: An electronic document that serves as a form of communication between the Seller and the Buyer whereby the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive the Goods and Services and to make payment for them.
„Contract”: The distance contract concluded between the Seller and the Buyer without the simultaneous physical presence of the Seller and the Buyer.
"Intellectual Property Rights" (I.P.R.): All intangible rights such as know-how, copyright and rights in kind of copyright, database rights, design rights, model rights, patents, trademarks and domain name registrations for any of the above.
Article 2 - CONTRACTUAL DOCUMENTS
By placing an order on the aforementioned website, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its operations.
The order will consist of the following documents, in order of importance:
1. The order (together with clear mention of delivery and invoicing dates) and its specific conditions
2. Buyer Specifications (where applicable)
3. G.T.T.C.S.
If the Seller confirms the order, this will imply full acceptance of the terms of the Order. Acceptance of the Order by the Seller shall be deemed finalized when there is a electronic (e-mail) confirmation from the Seller to the Buyer, without requiring an acknowledgment of receipt from the Buyer. The Seller shall at no time consider an unconfirmed order as having the value of a Contract.
This Contract comes into force upon confirmation of the Order by the Seller. Confirmation is made electronically (e-mail). The general terms and conditions of sale shall form the basis of the Contract thus concluded, in addition to the Warranty Certificate issued by the Seller or a supplier of the Seller.
4.1 The Seller will use its professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods and Services that meet the Buyer's requirements, needs and specifications;
4.2 The information presented on the Seller's websites is for information purposes only and may be modified by the Seller without prior notice. Also, for reasons of space and coherence of information structure, product descriptions may be incomplete, but the Seller endeavors to present the most relevant information so that the product can be used within the parameters for which it was purchased;
4.3 Communication with the shop - can be done by interacting with the shop, posting opinions about products or communicating through the addresses mentioned in the "contact" section. Opinions or addresses containing insults or inappropriate language will be excluded or ignored. The seller is free to manage the information given, without having to justify it..
The Seller may assign and / or subcontract a third party for services related to the fulfillment of the order, with the Buyer's information, without the Buyer's consent. The Seller shall always be liable to the Buyer for all contractual obligations.
The Buyer understands the intellectual property rights and will not disclose to a third party or publicize (on the internet or media) any of the information received from the Seller.
Also, the names of the websites as well as the graphical insignia are registered trademarks owned by ALLURE TANSOR SRL and may not be taken, copied or used without the written consent of the owner.
All plans, documents and information of any nature whatsoever supplied by the Buyer to the Seller, including but not limited to the order, shall remain the property of the Seller. They may only be used for the performance of the contract and may only be disclosed with the written consent of the Seller and after obtaining a confidentiality undertaking from the recipient.
No public statement, promotion, press release or any other form of disclosure to third parties shall be made by the Buyer in relation to the order without the prior written consent of the Seller.
In the event that the delivery and/or start of the Order deadlines cannot be met, the Seller is obliged to notify the Buyer of the estimated delivery completion date. The Buyer shall have the right to claim additional damages from the Seller, where permitted by law, in the event of the Seller's total or partial failure to perform the Contract in accordance with the agreed deadlines.
In case the Buyer delays the payment of the goods within the term stipulated in the invoice issued by the Seller, the Buyer is obliged to pay a penalty of 0.5% per day of the amount due.The Seller also has the right to refuse an order taken from the website, without giving any reason, but is obliged to inform the Buyer in advance of this fact
In case the Seller receives erroneous information related to billing or delivery of products, a new term will be set to honor the order, it falling within 3 working days.
The price, method of payment and payment term are specified in the Order. The Seller will issue to the Buyer an invoice for the Goods and Services delivered, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
10.1 Delivery
The Seller undertakes to ship the Goods and Services door-to-door to the Buyer and ensures a period of 2-5 days or exceptionally 4-8 days after the Order is placed in 'Completed' status, which status can be consulted in the personal account created by the Buyer on the aforementioned websites. In exceptional circumstances (weather, road conditions, accidents, etc.), the Seller will inform the Buyer of the delay and will provide an estimated delivery time.
10.2 Transportation - Packaging
Unless otherwise agreed between the Seller and the Buyer, the Seller discharges the risks and liabilities associated with the Goods and Services at the time of handing them over to the shipping company with which the Seller works or to the Buyer's representative.
The Seller shall ensure proper packaging of the Goods and Services and shall ensure the transmission of accompanying documents.
The Seller will deliver the Goods and Services Worldwide.
Acceptance will be made when the Goods and Services conform to the technical characteristics mentioned in the Order. If the Buyer discovers that the Goods delivered or the Services supplied do not conform to the specifications, then the Seller will bring the Goods and Services into conformity within a maximum term equal to the execution term of the Order, without charging the Buyer any costs related to these operations. Also, the Seller shall comply with the provisions of Law 51/2003 for the approval of Government Ordinance no. 130/2000 on the legal regime of distance contracts, which gives the Buyer (only under the conditions of the mentioned normative act) the right to unilaterally terminate the Contract within 10 days, and to receive within 30 days from the unilateral written termination (document signed by the Buyer and sent electronically or by post with acknowledgment of receipt) the price of the Contract, conditioned by the return of the Goods and Services. The Seller has the right to claim damages from the Buyer, in accordance with the law, when he considers that the Buyer's actions were malicious.
Any goods delivered in excess of the quantity stated in the Order may be refused by the Buyer within 7 calendar days of delivery.
In addition to any other warranties provided by applicable laws and detailed in the Warranty Terms issued by the Seller, they warrant to the Buyer against any non-conformity which may affect all or part of the Goods and Services, except normal wear and tear, for a period of 12 months from the date of the sales invoice. The exception are consumables, which are not covered by warranty.
Ownership of the Goods and Services will be transferred at the time of payment by the Buyer at the location indicated in the order (meaning by delivery - the signature of receipt of the transportation document provided by the courier or the signature of receipt on the invoice in case of deliveries made by the Seller's staff). In case of delivery by courier, the courier is not authorized by the Seller to allow the Buyer to open the parcels before signing the delivery, but only after signing the delivery and paying the possible countervalue. The Seller cannot be held responsible for the contents of the parcels unless there is in the document signed by the Buyer and the representative of the courier who has made the delivery.
Seller will comply with all laws, regulations and ordinances applicable to its contractual performance, including without limitation the manufacture, assembly, handling, transportation, storage, storage, packaging or delivery of the Goods and Services and applicable to health, safety, environmental.
Seller shall not be liable for damages of any kind that Buyer or any third party may suffer as a result of Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for loss of products.
The Seller will be liable in case its subcontractors and/or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.
The Buyer may cancel an Order by e-mail or from his account before it has been delivered. Otherwise, the Order will be subject to the return of goods mentioned on the Seller's websites.
Neither party shall be liable for non-performance of its contractual obligations if such non-performance is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.
This contract is subject to Romanian law. Any disputes arising out of the interpretation and execution of this contract shall be settled amicably, and in the event of failure to reach an agreement in this way, the competent courts of the Seller's head office shall be appealed to.
If one or more provisions of these G.T.T.C.S. are in conflict with any applicable legal requirement, the said provisions shall not be applied and the Parties shall endeavor together to agree on new provisions which comply with the spirit of the original provisions.
The parties to the contract shall be deemed to be independent contractors and neither party shall have the right or authority to assume or create any obligation on behalf of or to the detriment of the other. The terms and conditions of this Contract supersede any prior written or oral agreements between the Parties hereto relating to the subject matter of this Contract and may not be modified or changed except by written agreement signed by both Parties.