Terms and Conditions
1. Introduction
This document (published in electronic format at: https://gabrielvip.com, together with all the other documents to which it refers, is what we will refer to generically as the "Terms and Conditions" or "Terms", i.e. the rules that will govern the situation between us, as the Seller, and you, as the Customer, who decide to purchase a good or service from our website.
1.1 Who are we?
Below you will find our identification data:
Name: SMART MEDIA CREATORS SRL
Head office: Targoviste, Radu de la Afumati Street, nr. 1, Bl. 8D, Jud. Dambovita
Trade register number: J15/138/17.02.2017
Unique identification code: 37059813
E-mail: hello@gabrielvip.com
In addition to the official name above, you will also find us under the brand name "Gabriel VIP", throughout this document we will refer to ourselves as the "Organization", "Seller" or "Company". We are a company offering products and services through the gabrielvip.com website and/or other tools made available to the Seller for accessing e-learning services, as well as all media profiles/pages associated with this brand, including but not limited to Facebook, Instagram: instagram.com/Iamgabrielvip, Youtube: youtube.com/@gabrielvip, and we will refer to all of them as the "Platform".
Accessing the Platform implies unconditional acceptance of the Terms and Conditions which we will detail below. If you do not accept these Terms, we will not be able to enter into a contract with you, i.e. we will not be able to deliver the products or provide the services you request, including responding to any requests you may have.
1.2 Who are you?
You are a person who comes to the Platform looking for a Product that we could offer you. You are currently a User of the Site. When you place an order with us on the Site, and we begin the necessary steps to honor it, you become a Customer, because you enter into a contractual relationship with us (through a contract that is concluded at a distance, i.e. by electronic means).
1.3 Definitions. Purpose
(1) Because there are already a lot of details and information to be taken into account, we have decided to define some terms that we will use in a common way, in order to make the document easier to understand. These terms can be found below:
(2) The following capitalized terms shall have the meanings set forth below unless otherwise expressly provided:
"Seller" means SMART MEDIA CREATORS SRL, a limited liability company, as identified in section 1.1.
"Products" means any goods (products) or services that are offered to the Customer for purchase, against payment, through the Platform.
"Customer" means the natural person who accesses the Platform and places an Order for the purchase of Products offered for sale by the Seller. By Customer is also meant a legal person who places an Order through a natural person on its behalf.
"Order" means an order placed by the Customer through the Platform by which the Customer expresses his commitment to purchase one or more Products, under the conditions set out in this document and/or agreed with the Seller through a means of remote communication.
"Account" means the section of the Platform accessible to the Customer through the use of an e-mail address and password for identification purposes, which allows the Customer to submit an Order and contains information about the Customer and the Customer's history on the Platform (e.g., previous Orders, tax invoices, guarantees, etc.).
"Contract" means the consensual remote agreement between the Seller and the Customer, without their simultaneous physical presence, regarding the sale or purchase of one or more Products on the Platform, by launching an Order by the Customer and its acceptance by the Seller, in compliance with the legal provisions and the terms and conditions for the online sale of services and products sold. As a rule, the Contract is concluded in Romanian.
"Return Period" means the period of 14 (fourteen) calendar days, as stipulated by the legislation in force applicable to consumer rights in distance contracts with professionals (or any other period that may become mandatory under the relevant legislation in Romania), within which the Customer has the right to return the Products to the Seller. The return procedure and how it is valid and applicable is described in this document.
"Platform" means the websites owned or used by the Seller, including pages and profiles on social networks, having the domain https://gabrielvip.com, through which the Seller presents the Products offered for sale, and the Customers can choose the Products they wish to purchase, respectively pay for them through one of the payment methods accepted by the Seller. The Platform is also used to process and manage Orders for the delivery of the Products and to record the payments related to their sale. If there is an Application, the Platform will include, where applicable, this component.
"Specifications" means any details of the characteristics of the Products as set out in the description available on the Platform.
"Transaction" means the payment operation carried out by the Customer, i.e. the collection by the Seller, of a sum of money as a result of the sale by the Seller or the purchase by the Customer of one or more Products.
(3) This document sets out the terms and conditions applicable to the relationship between the Seller and each Customer using the Platform for, on the occasion of or after placing an Order.
(4) Headings are included in this document for ease of reading and structuring of the document and will not affect its interpretation.
(5) For the avoidance of doubt, in accordance with the business policy established independently and unilaterally by the Seller, the sale in the online environment (i.e., via the Platform) of the Products normally marketed by the Seller shall be made to consumers who are natural persons or legal entities. If certain Products are limited to a certain category of Customers only, this will be specified in the Specifications or in another visible place next to the Product (such as, for example, certain Products intended only for legal entities or only for individuals).
(6) The privacy and personal data processing issues related to the use, in any form, of the Platform are governed by the privacy policy/information notice ("Privacy Policy"), which supplements these Terms and Conditions. Please review the entire Privacy Policy here:
(7) Use of the Platform implies the express acceptance by any Customer of these Terms and Conditions and the Privacy Policy, as well as other documents that have been indicated throughout these Terms.
(8) We reserve the right to modify the Terms at any time, and the updated form of the Terms will be available to Customers on the Platform in the "Terms and Conditions" section. The relationship between the Seller and the User/Customer shall be governed by the form at the time of accessing the Site, respectively placing the Order.
(9) These terms and conditions applicable to online sales are available to the Customer for storage and reproduction.
2. Platform Policy. Main features of online sales by the Seller
In short: we must all have a correct attitude and not use the Site in ways that contravene the law or morality. If we suspect that your intention is not to seek information about or purchase Products, we reserve the right not to allow you to place an Order or even to restrict your access to the Site. The order you place with us on the Site will only be considered accepted when we confirm this to you.
(1) Access to the Platform for the purpose of placing an Order is permitted to any potential Customer acting with a legitimate purpose and intending to purchase one or more Products from us, subject to these terms and conditions
(2) By Customer we mean a legal or natural person who is: (a) at least 18 years of age or (b) at least 14 years of age, who has received authorization from a parent/guardian/legal representative to access the Site. If you have authorized a minor to use the Site, you are responsible for the minor's entire conduct on the Site, including any actions the minor may take.
(3) Misuse of the Platform is strictly prohibited. Misuse is any use of the Platform in a way that is contrary to fair business practices, applicable law, or in any other way that would be detrimental to us or our Affiliates/Partners in any way (by "Affiliates" we mean people in the same group that we are part of, and by "Partners" we mean people with whom we have a collaborative relationship).
(4) We reserve the right to deny you access to some or all of the Platform's features and to restrict the processing and/or delivery of an Order if, in our reasonable opinion, there is a suspicion of fraud on your part, if it engages in conduct that may harm our interests or those of our Affiliates/Partners or if you misuse the Platform.
(5) By using the Platform and, where applicable, registering an Order, you accept and agree to the form of remote communication (e.g., telephone or e-mail) by which we conduct our business.
(6) All information used for the description of the Products (including, but not limited to, static or dynamic images, descriptive text, graphic or video presentations) does not impose any obligation on our part, as it is for presentation and information purposes only. We will use all reasonable endeavors to ensure the accuracy of the information on prices, Products, and their Specifications presented on the Platform.
(7) If prices or any other details in relation to Product Specifications have been erroneously displayed on the Platform for any reason and you have placed an Order, we will inform you by email or other agreed means of communication as soon as possible of such error.
(8) We may publish on the Platform information about Products and/or promotions we have, either our own or those of our Affiliates/Partners, within a certain period of time and subject to stock availability. Please note that there may be situations where we will not be able to display stock or update data in real time, but we will inform you before confirming the Order, and you will be able to decide whether or not to accept the new conditions.
(9) Products sold as part of a promotion or campaign of any kind will also be subject to the terms and conditions applicable to that campaign or promotion, which we will bring to your attention.
(10) Any promotions presented on the Platform are valid for the mentioned duration. If no duration is indicated for the promotions, they will be valid within the limits of available stocks/places.
(11) The notification received by e-mail by you after the Order has been placed regarding the acceptance of that Order is for information purposes only and does not constitute acceptance of the Order by us. The Order shall be deemed accepted by us at the latest upon delivery, i.e. electronic delivery, of the Products ordered by you. If you have already paid for the Order and we do not accept it, we will refund the amounts transferred.
(12) For justifiable reasons (including but not limited to stock shortages), we reserve the right to change the type or quantity of Products in the Order. In such a situation, we will notify you immediately of the change and you may accept or decline the change to the Order. If you refuse, the Order shall be deemed canceled and the parties shall be returned to the status prior to the Order being issued (including reimbursement by us of any monies received, if applicable) and without any liability to you.
(13) The Order is accepted and the Contract is deemed to be concluded between us and you when you receive a notification of dispatch (by phone call/SMS/e-mail/push notification or otherwise) of the Goods in the Order (when we are talking about physical, tangible goods), when we start to provide the Services, when we provide you with a download link or an e-mail to access the Goods or as indicated in the Specifications.
(14) Please note that this document forms part of the Contract (together with all other documents to which we refer, and any subsequent agreements between us and you in relation to the Order, whether in writing, electronically or physically).
(15) You can generally contact us at the e-mail address in the "Contact" section of the Platform for any questions or problems you have with your Order, including to identify and correct any errors that occur during data entry. Depending on the technical developments of the Site or the Application, you may have other methods of communication with us (such as online chat, communication from your Customer account, social networks, etc.), which we will bring to your attention. However, if you do not tell us about these matters prior to the issuance of notice or commencement of the Services, such changes may only be made in exceptional cases that do not involve disproportionate effort on our part and are legally valid.
3. Orders
In short: we explain how you can place an order for a Product, how we process orders, what are our rights and obligations and yours, when we consider an order completed and how you should proceed to make Payment.
(1) You will be able to place an Order by one of the methods indicated on the Site, such as: via the Platform, online by email, by phone, via the online messenger box on the Site, via a comment or message on social networks (for example, Instagram, Facebook, LinkedIn) or via communication applications such as WhatsApp.
(2) You will be able to place an Order, consisting of one or more Products, through the Platform, with or without registering an account in advance, by adding the desired Products to your shopping cart. In case the Products need to be modified according to the specifications, you will have to choose one of the options, if available, or provide us with some additional information when placing the Order. If you fail to do so, we reserve the right not to be able to make any further changes to your Order, especially if it would involve a disproportionate effort on our part (such as changing the delivery address, billing dates or other specifications that may need to be adjusted).
(3) You will be able to make an Account in the dedicated section of the Platform, according to the instructions on the Platform at the time (such as with an email address and password, identification with a social network account such as Facebook/Google or other available method). If you create an Account, you will be able to manage more efficiently the Orders placed on the Platform, having the possibility to view in the Account information about previous Orders, tax invoices, guarantees, etc.
(4) Orders can be placed at any time, but as a rule will only be processed on working days, between 8-17 hours. Any order placed on a Saturday, Sunday or any day declared by law to be a public holiday will be processed on the next working day. In the case of Products delivered electronically, processing may occur automatically and the Product may be delivered immediately after the Transaction is completed, usually depending on the payment method chosen.
(5) We reserve the right to validate Orders prior to their fulfilment and will contact you by telephone, e-mail or other available method, and you expressly declare that you accept this right of ours.
(6) The addition of a Product to the shopping cart, in the absence of completion of the Order, does not result in the registration of an Order and implicitly neither in the automatic reservation of the Product added to the shopping cart, but not paid for.
(7) The Order will be considered completed upon full payment by you of the price of the Products in the Order, by one of the payment methods accepted by us as expressly indicated on the Platform and which you can consult at the latest at the beginning of the Order process. If available and you choose payment by bank transfer/payment order/internet banking, payment will be deemed to be received by us at the time of the actual debiting of our account indicated on the proforma/tax invoice. Please note that from the moment you make the payment it may take up to 7 days before the payment can be actually identified in our account, in which case the payment is not considered completed. Once added to the shopping cart, a Product is available for purchase to the extent that the Product is in the Seller's stock.
(8) By completing the Order, you confirm to us that all data you have provided is correct, complete and true at the time of placing the Order. By placing an Order, you explicitly acknowledge that such Order implies your firm obligation to pay the "total amount of payment" indicated. Other changes to Orders (such as identification data, e-mail addresses or delivery addresses may only be made if technically possible, at no additional cost to us).
(9) By creating an Account or, if applicable, completing the Order, you agree that we may contact you, by any available means, i.e. automated call system without human intervention, fax, e-mail, in any situation where it is necessary to contact you for the completion and processing of the Order. Failure by you to respond to our requests through any of the communication methods made available through the Platform may result in the invalidation of your Order.
(10) Products purchased through the Platform may not be resold or distributed for commercial purposes and are intended for personal use unless otherwise stated in the Specifications. Please also note that in the case of Products with online access, the Sale is nominal, so that access credentials (such as username and password) cannot be passed on to another person. In the case of webinars, masterclasses or other events with physical presence, booking and participation in the event is nominal and changes can only be made if logistically possible and at no cost to us. As a general rule, we reserve the right to limit the purchase of Products to a maximum number of Products for each Customer, the number being independently determined by the Seller and communicated to the Customer prior to placing the order, either in the Specifications or in the general policy on Product management.
(11) We may sub-contract a third party to deliver the Products that are the subject of the Order, which we will inform you about (such as at the time of the completion of the Order when we tell you with which courier we are shipping or when we communicate the AWB data to you), without your consent being required. We may also use specialised service providers (including online platforms) to offer certain products, such as webinars, distance learning courses, etc., without your consent.
(12) We may cancel an Order placed by you, with notice to you concurrently or subsequently, and without such cancellation giving rise to any liability on our part to you, in the following cases:
the bank that issued your card does not accept the transaction, in case of online payment;
our card processor with whom we work does not validate or invalidate the Transaction (for example, either because there are insufficient funds or for other reasons, according to the processor's policy), in the case of online payments;
the payment is not completed within the deadline indicated in the proforma invoice, in case of payment by bank transfer/internet banking;
the data you provide us with when accessing the Platform is incomplete or incorrect;
you do not confirm your order when we contact you for this purpose;
we reasonably believe that by accessing the Platform and placing your Order you are pursuing an unlawful purpose or one that may cause any harm to us, our Affiliates or our Partners;
any of the terms and conditions herein have not been fully complied with.
4. Prices. Billing. Payment
In short: in order to benefit from our Products, you must pay the amount indicated for them, as displayed at the time of the Order, by one of the available methods (card payment/bank transfer).
(1) The prices of the Products displayed on the Platform or communicated to the Client are expressed in Lei and may or may not include VAT according to the legislation in force, as they will be displayed on the website. Any shipping or delivery charges are not included, unless expressly stated at the time of the Order. The valid prices for Products are those displayed on the Platform or communicated to the Customer at the time of completing an Order.
(2) We may update the prices of the Products at any time, and such update shall supersede any previously posted prices for such Products.
(3) For those Products for which we cannot indicate the price in advance and, where applicable, all additional shipping or delivery costs, we may provide you with a price calculator or contact you by e-mail/via the Account created for this purpose.
(4) We will issue you an invoice for the Products purchased/delivered, your obligation being to provide us with all the information required under the legislation in force for us to issue the invoice - please pay special attention when entering the data, as we will not be able to modify the data in the proforma/tax invoices issued. In the case of payment by bank transfer, we will initially issue a proforma invoice, and after our account is debited with the amount of the invoice, we will issue the tax invoice.
(5) As a general rule, we will send you the invoice for the Order for the Products sold/delivered either in physical format (on paper) upon delivery of the Products, or in electronic format, by e-mail and/or in your Customer account, which we encourage you to check constantly (it is also possible that our messages end up in your SPAM folder, so please check there too).
(6) According to the Romanian legislation in force, when we accept payment by bank card, we will not request additional payments.
(7) In the case of online payments, we are not and cannot be held liable for any other costs incurred by you in addition to the price of the Product purchased including, but not limited to, bank transfer or currency conversion fees applied by the Customer's card issuing bank, if the currency of the card issue differs from the currency in which the sale is made.
5. Delivery of Products
In short: we will deliver the Products only after you pay in full by one of the methods shown on the website.
(1) Depending on the specificity of the products/services, the delivery of the Products may be made either in electronic format (when we are talking about digital products/services or confirmations of participation in an event) or in physical format, at an address communicated by the Customer at the time of placing the Order.
(2) In the case of physical products, Delivery of the Products will be made anywhere in Romania, within the period communicated before the completion of an Order. Please note that this delivery time is indicative, based on previous orders in the respective areas, and may be subject to change, about which we will make every effort to notify you in a timely manner. We will not be liable for delays in the delivery of Products that occur for reasons not attributable to us or to the fault of a carrier (i.e. courier, post, etc.).
(3) Delivery of the Products will be made against cost or free of charge, depending on the conditions applicable to the Order, which will be communicated to you prior to the completion of the Order. If applicable, we will inform you of the available delivery methods and you will be able to choose one of these methods before the Order is completed.
(4) If, on delivery of the Products, we cannot find you at the address indicated in the accepted Order, delivery will be attempted once again, after which the Products will be returned, and you will bear the cost of a new shipment, regardless of the value of the Products ordered.
(5) We will make every effort to ensure proper packaging of the Products together with the Specifications and all necessary accompanying documents.
(6) In the case of digital products, Delivery of the Products will be made in electronic format, by providing a code, download link or other method that we make available and that we will communicate to you by e-mail/your Customer Account. Delivery will be made after full payment of the Products.
(7) Seller reserves the right to delay or cancel any delivery of the ordered Products if it cannot be honored for reasons beyond Seller's control including but not limited to: acts of God, wars, acts of terrorism, protests, riots, civil disturbances, fires, explosions, floods, epidemics, strikes, etc.
6. Transfer of Risk and Ownership of Products
In short: once you buy a Product from us, all risks are transferred to you.
(1) If we personally deliver the Goods to you, the risk of loss of or damage to the Goods passes to you when you or a third party designated by you, other than the carrier, take physical possession of the Goods.
(2) If we use third parties to carry out the Delivery (such as courier services, postal services or third parties), the risk will be transferred to you at the time of delivery of the Products to the carrier, without prejudice to your rights against the carrier (for example, when the carrier damages your Products).
(3) Ownership of the Goods will be transferred upon delivery, after you have made payment, to the delivery location indicated in the Order. Delivery shall be deemed to have been effected by your signature on the transport document provided by the courier or by your signature of receipt on the invoice or other delivery document in the case of deliveries made by the Seller.
(4) In the case of digital products, you will receive a non-exclusive license to access that product, limited to a certain period of time or unlimited, depending on the characteristics of the product, with ownership remaining with us or the person expressly indicated in the Specifications/other place of identification. The Product Specification will expressly mention the license period, as well as access to certain future facilities and whether or not these will be against payment.
7. Right of withdrawal of the Client
In short: in general, most of the Products sold through the platform are digital products with immediate execution, for which, according to the legislation, you do not benefit from a right of withdrawal. However, in certain cases that we will expressly indicate in the Specifications, when you buy a Product online from us, you have the right to return it within 14 days, without telling us why you want to do so.
Please note that most of the Products on the Platform are digital licenses (access based on username and password) for which you expressly agree that you agree that no refunds will be made, the delivery of the Product being considered to be made with full execution at the time of payment in exchange for access. In exceptional cases, we may decide, at our sole discretion, to refund certain amounts (in full or in part) on a case-by-case basis in accordance with our commercial policy, but this does not entail any liability or obligation on our part to do so on a consistent basis.
8. Guarantees
In short: Our products benefit from the guarantees offered by the legislation in force and which apply to us. If the warranty is not applicable (i.e. in the case of services or specific Products), we will indicate the existing warranties on the right of the Products or in our general order handling policy.
8.1 Guarantee of Physical Products
(1) All physical Products marketed by us benefit from the legal guarantee of conformity, according to the legislation in force. Clear details of these warranties are given in the Product Data Sheets and no Customer may request an extended warranty for a period longer than that mentioned in the Specifications/Manufacturer's Data Sheets/other documents provided by the Seller. The warranty applies to normal conditions of use and is valid only for products purchased and paid for by the Customer from the Seller.
(2) In accordance with the legislation in force, if applicable, the Products benefit from a guarantee of conformity according to Law no. 449/2003. If an extended warranty period is specified in the Product presentation, then the longer warranty period shall apply.
(3) Our liability, in accordance with the provisions of Articles 9-14 of Law No. 449/2003, may be incurred if the lack of conformity occurs within 2 years, calculated from the Delivery of the Product, for Products with an average period of use of at least 2 years.
(4) The warranty involves the following stages: (a) replacement of the Products and (b) refund of the value of the non-conforming Products.
8.2 Warranty for electronic/electronic access products
(1) In the case of electronic/digital products that require immediate access, you agree that you will not benefit from the legal warranty in accordance with the provisions in force.
(2) However, as our desire is to always have satisfied customers, we may implement a commercial warranty policy for certain types of Digital Products offered whereby we may refund amounts paid (in whole or in part) within a certain period.
(3) The exact conditions of the reimbursement of the amounts mentioned in paragraph 8.2.(3) will be indicated under each Product.
9. Intellectual Property
In short: everything you see on the Site belongs to us in terms of intellectual property or we have the right to use them, and you agree not to infringe these rights and not to use anything on the Site without our consent.
(1) Trade names, trademarks, copyrights and any other intellectual property rights registered or pending registration relating to the Products owned or used by Seller are and shall remain the exclusive property of Seller or, as the case may be, Seller's licensors. The Customer shall have no rights or claims with respect thereto.
(2) The User/Customer shall not act in any way that may prejudice the rights set out in Article 9(1) above. The User/Customer undertakes not to use in its activity any sign or name similar or identical to the trademarks, trade names of the Products etc., whether as part of a name or otherwise.
(3) All information available on the Platform (including but not limited to static or dynamic images, text, logos, symbols, commercial representations, videos, etc.) that can be viewed or accessed in any way through the use of electronic equipment, the content of e-mails sent to the User/Customer by the Seller, any information communicated to the User/Customer (including but not limited to data regarding the Seller, its activity, etc.) by any means whatsoever by a representative of the Seller are and remain the exclusive property of the Seller, to whom are reserved all rights obtained in this respect directly or indirectly (such as by means of licenses for use and/or publication, exclusive/non-exclusive, limited/unlimited in time, etc.). The User/Customer may copy, transfer and/or use such data only for personal purposes or outside of a professional activity and only if it does not conflict with these terms and conditions.
(4) Any other use of the content available on the Site/Platform for purposes other than those permitted by this Agreement or the accompanying Terms of Use, if any, is expressly prohibited.
10. Advertising & commercial communications
In short: when we do direct marketing activities, we ask for your consent in advance. However, there will be situations where we will send you commercial communications based on our legitimate interest, as explained in our Privacy Policy.
(1) You can express your consent to receive commercial communications by email[/SMS/phone calls/WhatsApp/social networks], allowing us and our collaborators to make such communications, by ticking the specific option at the end of these terms and conditions or in the dedicated area of the Platform.
(2) You may revoke your consent to such commercial communications at any time by:
sending a written request to the e-mail address in the "Contact" section of the Platform or by any other method made available - in this case, the revocation will take effect no later than 48 (forty-eight) hours after the initiation of the procedure;
opt-out of receiving Newsletters or commercial communications at any time by clicking on the dedicated link found in the content of any Newsletter;
ticking the option to withdraw consent in the dedicated section of the Platform, where available.
(3) This procedure will be mentioned in all commercial communications we send to you.
(4) Our newsletters and commercial communications are sent through specialized partners approved by us, with which you agree.
(5) Opting out by you from receiving Newsletters or other commercial communications does not imply opting out of the rest of the terms and conditions of online sales made by the Seller and will only be effective for the future, the previous processing being deemed to be lawful. Please note that it is possible that you may still receive commercial communications from us for a short period of time after sending the revocation of your consent, until a complete update of the database or in case of a back-up is carried out.
(6) We reserve the right to select the persons to whom we will send Newsletters and other commercial communications, and to remove from our database any User or Customer who has previously consented to receive Newsletters and other commercial communications, without any further commitment or notice from us, and cannot be held liable for these actions.
11. Accountability
In short: you are responsible for the orders placed, the data provided and the way you use our Site.
11.1 Content generated by you as a User or Customer
(1) All content (text, photos, videos, etc.) that you post via the Platform (such as including product reviews or comments left on social networks), hereinafter referred to as "Content" is the sole responsibility of the person who created such content.
(2) Although we do not routinely monitor content posted by Users/Customers, we reserve the right to do so and to remove content that violates these Terms (or applicable law) of which we are aware, but we have no obligation to do so.
(3) In the event that we are held liable for content posted by Users/Customers on the Platform, we reserve the right to seek full compensation for damages against the User/Customer concerned.
(4) Any use of or reliance on any content or materials posted via the Platform or obtained by you through the Platform is at your own risk. If we are notified by a third party that content you submit or post violates these Terms or any applicable law, either by letter or in the spirit of these Terms, we reserve the right to remove such content from the Platform without prior notice to you.
(5) We do not encourage, endorse, represent or guarantee in any way the accuracy of the content or communications posted via the Platform nor do we support and/or endorse the opinions expressed by Users/Customers on the Products available via the Platform, who are solely responsible for such content.
(6) By using the Platform, you agree and accept that you may be exposed to content that may be defamatory, disparaging, inaccurate or inappropriate or, in some cases, that there may be misleading postings. We shall not be liable in any way for such content, including but not limited to errors or omissions, or for any injury, material or moral, direct or indirect, that is posted, transmitted by email or social media or otherwise made public through the Products, the Platform or otherwise.
11.2 Using the Platform
(1) You will not use the Platform:
in any manner that violates any local, national, or other law or regulation or any order of a court of any relevant jurisdiction;
for any purpose not permitted by these Terms;
in any way that infringes the rights of any person or entity, including their copyright, trademark, or other intellectual property rights or other private or contractual rights;
to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or messages of any kind, including about competitors, potential competitors, etc.;
in any way that, intentionally or unintentionally, harasses, threatens or intimidates any other User or visitor;
in any way that, whether intentionally or unintentionally, promotes or incites racism, violence, hatred or physical or moral harm of any kind;
in any way that is abusive, defamatory, inaccurate, obscene, offensive or sexually explicit;
post photos or images of another person without their permission (and if they are a minor, the permission of the minor's legal guardian);
promote illegal activities or in any way that leads to the encouragement, acquisition or conduct of any illegal or criminal activity or that may cause injury, distress or inconvenience to any person;
access, tamper with, damage or use non-public areas of the Services, computer systems, servers or equipment of the Company or our suppliers' technical delivery systems;
access or attempt to access data of other Users of the Products/Platform or to hack, access, penetrate any of the security measures relating to the Products or to probe, scan or test the vulnerability of any system or network or to breach or circumvent any security or authentication measures;
in any way that, intentionally or unintentionally, misleads or is intended to mislead another User or visitor to the Platform;
introduce any malware, virus or other harmful software program (worm) that harms or interferes with the operation of the Offered Products, including but not limited to cancelbots, denial of service attacks, time bombs, worms, Trojan horses, viruses or any other malicious software or hardware;
interfere with or disrupt (or attempt to do so) the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spaming, mail-bombing the Services or writing content-creating scripts in such a way as to interfere with or create an undue burden on the Services;
copy, modify or distribute content to other Users without their consent;
for any commercial purposes other than those expressly permitted in these Terms;
circumvent measures used to prevent or restrict access to Products;
solicit or provide illegal services;
harvest or collect information about other Users or visitors without their consent;
gain unauthorized access to the Products, the server on which the Products are stored or any server, computer or database connected to the Products;
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Products to send altered, misleading or false source information;
scrape, crawl or otherwise keep or use the Products or any Content for phishing, spamming, trolling or any unauthorized (commercial) purpose; or
promote or support or solicit involvement in any other political, religious (recognized as organized or unorganized), cult or sect of any kind.
(2) We shall not be liable for any damage caused to you as a User or Customer or to any third party as a result of our performance of any of our obligations under the Order or for damages resulting from improper use of the Products delivered. To the extent that limitation of liability under the foregoing is not possible under applicable law, we shall be liable to the extent of the value of the Products that were the subject of the Order.
(3) You agree to keep your Account username and password safe and you are solely responsible in case of fraudulent use of them by a third party.
(4) We are not liable for any damage caused by any technical malfunction of the Platform (e.g., inability to access any link on the Platform).
12. Complaints and claims
(1) You can generally contact us at the e-mail address in the "Contact" section of the Platform for any queries or problems you have with the Products, including to identify and correct any errors that occur during data entry. Depending on the technical developments of the Platform, you may have other methods of communication with us (such as online chat, communication from your User account, social networks, etc.), which we will bring to your attention. However, if you do not tell us about these matters prior to the issuance of the notice or commencement of the supply of the Products, such changes may only be made in exceptional cases that do not involve disproportionate effort on our part and are legally valid.
(2) For complaints or claims related to the Products, you have at your disposal the complaint form available on the Platform or any other contact method available, depending on the technical developments of the Platform. If there is no dedicated section for complaints, you may follow the procedure described above.
(3) Complaints thus received will be resolved by us within 30 (thirty) calendar days of receipt.
13. Use and processing of personal data of natural persons
By using the Platform, the Customer understands and agrees to submit personal data to the Seller, such data to be processed in accordance with and for the purposes set out in the Privacy Policy, which supplements these Terms and Conditions.
14. Force majeure
(1) Neither the Seller nor the Customer shall be liable for non-performance of its contractual obligations if such non-performance on time and/or properly, in whole or in part, is due to an event of force majeure as defined by the Romanian Civil Code.
(2) If within 15 (fifteen) days from the date of the occurrence of the event of force majeure, such event does not cease, either Seller or Customer shall be entitled to notify the other party of the termination of the Contract without either party being entitled to claim damages.
15. Applicable law & dispute resolution
(1) This document is a legal contract concluded at a distance, accepted by simply ticking it and is subject to Romanian law.
(2) We will all try to resolve amicably any disputes or misunderstandings that may arise. To the extent that amicable settlement is not possible, disputes will be settled by the competent Romanian courts according to the law.
(3) Details of alternative dispute resolution methods are available here:
16. Changes to this document
We may change this document from time to time and we will decide on the best way to notify Users (pop-up, push notification, email etc.) We therefore recommend that you visit this page to always read the latest version.
This document was last updated on 26.09.2024.
