Terms and conditions for the use of the website
This Website is operated by GRAFTEX PRODCOM S.R.L., a Romanian company, with registered office in 1 (F) Expozitiei BLVD., 7th floor, district 1, Bucharest, registered with the Bucharest Trade Register under no. J40/6008/1997, Sole Registration Code RO 9737945, share capital 52,620 lei, bank account RO11BTRL04501202845772XX, hereinafter referred to as Graftex Prodcom.
Customer - Any person who has or obtains access to Content and Service and who has placed at least one Order on the Website;
Account - an assembly consisting of an email address and a password that allows a single User access to restricted sections of the Website through which access to the Service or transmission of the Order is provided, in which case it contains information about the Customer and Customer’s history on the Website (Orders, invoices, Product warranties, return, etc.);
- any information on the Website or available in the Service that can be visited, viewed or accessed by the User/Member/Customer via electronic equipment;
- the content of any communication sent to Users/Members/Customers by Graftex Prodcom by electronic means and/or any other available means of communication;
- any information communicated by any means by an employee/collaborator of Graftex Prodcom to Members/Customers according to the contact information specified by him/her;
- information related to the Products and/or the prices charged by Graftex Prodcom for a certain period of time;
- information related to the Products, services and/or prices charged by a third party with which Graftex Prodcom has concluded partnership contracts in a given period;
- data related to Graftex Prodcom or other data;
Order - the operation by which Customer expresses the intention to purchase products marketed through the Website by Graftex Prodcom;
Contract - represents the consensual agreement between Graftex Prodcom and the Customer regarding the sale or purchase of one or more Products on the Website by launching an Order by the Customer and accepting it by the Seller, in compliance with the legal provisions and the Terms and Conditions;
Document - these Terms and Conditions;
Member - The individual who has or obtains access to the Content, by any means of communication or under an agreement for use and which requires the creation and use of an Account;
Newsletter - a periodic, electronic information means, i.e. e-mail or other form of distance communication (e-mail, SMS) on the Products and/or promotions developed by Graftex Prodcom in a given period;
Products - Any goods (products) that are made available to the User by Graftex Prodcom for purchase, against payment, through the use of the Website.
Service - E-commerce service conducted exclusively on the publically available sections of the Website in order to allow Users to contract products using exclusively electronic means, including other means of distance communication (by telephone). The products offered through this Website are available for delivery to the countries of the European Union.
Website – www.bigotti.ro domain and its subdomains.
Specifications - all specifications and/or descriptions of Products as specified in their description.
User - The individual who has or obtains access to the Content through any electronic means of communication who does not have an Account created and hasn’t placed any order on the Website.
Transaction - a payment or receipt of a payment of an amount of money as a result of the sale or purchase of a Product through the Website.
Graftex Prodcom may amend this Document at any time to reflect changes in legislation, internal policies, or technology used. Any changes to the Document will take effect for the Services only for orders posted after the publication of the respective changes on this Website.
Graftex Prodcom may at any time modify, suspend or cease the online marketing of the Products, in whole or in part, temporarily or permanently, with or without notification/prior notice.
Graftex Prodcom will make technical efforts to ensure the smooth operation of the Website. In the event of any interruption or inability to access by Users/Customers/Members for a specified period of time, Graftex Prodcom shall not be liable to any person for any damages or losses suffered, directly or indirectly resulting from the inappropriate use of the Service provided, the non-functioning of the Service for technical reasons and/or the action of third parties.
Graftex Prodcom will make the necessary efforts to achieve the purpose of the Website and has no responsibility with regard to the Content posted by Users within the Services.
Graftex Prodcom assumes no responsibility and will not be liable for any damages or viruses that may affect your computer or other electronic equipment by accessing or using this Website or downloading any material, information, text, image, video or audio on the website.
Access to this Website is at the user’s own risk, and Graftex Prodcom is in no way responsible for any direct or indirect damage caused by accessing the Website or following the placement/completion of an Order or any use of the data and information on this Website.
RULES FOR THE USE OF THE WEBSITE
It is forbidden to use the Website to promote or market on it goods or services other than those presented by Graftex Prodcom.
It is forbidden to use the Website to display or transmit any material of illegal, abusive, licentious, libelous, vulgar, instigating, threatening, pornographic or profane nature, or any other material that may constitute or encourage conduct that may give rise to an offense or which may lead to civil liability or would be a violation of other legal provisions.
It is forbidden to access the Website or use the Services in a way that harms, disables, overloads or damages any server or networks connected to any server or which may affect the use of the Services by any other User.
Any deletion, addition, insertion, modification of any information on the Website, and any attempt to gain unauthorized access to the Website, to the accounts of other Users, to connected systems or computer networks, or to any other Services by fraud, passwords decoding or any other means, including the exploitation of a means unintentionally provided by Graftex Prodcom is strictly forbidden. Any breach of the provisions of this section may result in permanent or temporary blocking of access to the Website and in the obligation of the author to pay compensation for the damage caused.
The Administrator reserves the right to disclose at any time any information the disclosure of which is necessary to comply with any law, regulation, judicial procedure or request of state bodies.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The content of the Website, as defined in the preamble, including without limitation all texts and static images, dynamic images and/or multimedia content, buttons, trade symbols, trade marks and/or designs are the exclusive property of Graftex Prodcom, which has all rights obtained directly or indirectly to this end (through usage and/or publication licenses).
Users/Customers/Members may use the Website’s Content solely for informational, non-commercial or personal purposes, by forbidding the copying, retrieval, reproduction, publication, transmission, sale, partial or total or modified distribution of the content of this Website for other purposes, unless permitted by exceptions to applicable copyright laws or express agreements by Graftex Prodcom.
To the extent you wish to use, take over, copy or distribute part of the Content, please email us at the email address firstname.lastname@example.org specifying the Content you want to use, the actual manner in which you intend to use it and the intended purpose, which is the “Terms” of the agreement for use. In the absence of a prior written agreement from the Operator, any distribution, communication, copying, display, reproduction, publication, licensing of use, creation of derivative works, transfer or sale of the Content will be considered a violation of the Terms and Conditions and the rights that the holders of intellectual property rights enjoy on the Content.
Users who publish/submit any Content on the Website are under no obligation not to prejudge in any way the copyright of a third party.
INFORMATION PRESENTED ON THE WEBSITE
All elements used to describe the Products (such as, but not limited to, static or dynamic images, descriptive text, graphic presentations, or video) are not a contractual obligation on the part of the Seller and are used exclusively for presentation and information. For this reason, we kindly ask that before you make an Order, you carefully check the features of the Product as they appear on the Website.
Graftex Prodcom makes every effort to ensure the accuracy and completeness of the data and information published on the Website, including the description of the Products and the prices indicated. However, people using this Website are informed of the possibility of errors. To the extent that it is found that the error has affected or, as the case may be, influenced an Order or the Contract concluded, Graftex Prodcom will inform the Customer as soon as possible to reconfirm the Order/validity of the Contract or eventually to cancel them.
Products that are subject to sale in a promotion or campaign of any kind will also be subject to the terms and conditions applicable to that campaign or promotions and will be duly notified in advance. Users/Customers/Members are kindly requested to read the terms and conditions applicable to a particular campaign or promotions before placing an Order on Products that are part of that campaign or promotion.
ONLINE SALES POLICY
Access to the Website for an Order is permitted to any User acting for a legitimate purpose and intending to purchase one or more Products from the Seller in accordance with this Document.
Only persons who have reached 18 years on the date of the Order and wish that the delivery of the Products take place within the territory of the European Union may place orders on the Website.
There is no minimum value for making an order on the Website.(to be specified?)
Graftex Prodcom sells online Products in retail system and is not intended for resale or distribution for commercial purposes.
Graftex Prodcom reserves the right to refuse the access of Users/Members/Customers to some or all of the functions related to online marketing and to restrict the processing and/or delivery of an Order if there are suspicions of fraud on their part or if it behaves in a manner that may harm the interests of Graftex Prodcom.
Posting your views on product or communicating with Graftex Prodcom can be done by using the data listed in the “Contact” section on the Website. We will remove from the Website or ignore opinions or addressing that contains insults or an inappropriate language, Graftex Prodcom being free to manage the information received without having to justify its actions.
In order to purchase a Product, you must have an Account.
The account is created either voluntarily, and the required fields will be filled in with the required personal data - your e-mail and password either by our operator - on your behalf, when you prefer to order products by phone, and our operator will then pick up and enter personal data in the Account.
Your account can also be created through a social media (e.g., Facebook, Gmail) and your login data (email and password) will be imported from your existing account on these media.
To find out what personal data we collect to create your Account, how we use it, and how you can exercise your rights, please see the Personal Data Protection (link).
If you are not a consumer (but a representative of a legal entity) and you order products for a legal entity that you represent and in whose name you act, you will need to provide us with additional information about that entity (name, registered office, tax identification code). In any communication with us on behalf of the legal entity you represent, you will act on its behalf and legally bound that entity.
Upon creation of the Account, the Customer will receive an Account confirmation link on the indicated email address which will be required to be accessed by the Customer to complete the registration procedure.
In order to purchase Products you can submit an Order to us following the ordering process on the website or by phone.
Order through the Website is done through the following steps:
(i) Selecting the Product/Products and adding them to the shopping cart by clicking on the “Add to Cart” button.
(ii) Click the “Order completion” button to open a login page or enter your personal data if you are not already logged in or do not have the data entered – surname, name, email address, contact phone number, billing address and delivery address, payment method you want, applying any discounts due to having a voucher code, discount code or gift card, ticking the “I agree to the Terms and Conditions” or expressing or not the agreement for receiving the Newsletter and the way of receiving.
(iii) Transmitting the order to Graftex Prodcom.
The customer must ensure that the order data and the information provided for delivery and contact are correct. During the order process, you can check, modify, or correct any errors before sending the order, review the list of ordered products.
Adding a Product to the shopping cart, in the absence of Order completion, does not entail the registration of that Order, nor the automatic reservation of the Product.
The order is your offer to purchase the products, which is subject to confirmation by Graftex Prodcom.
Once the Order has been executed, the Customer will receive an email notification about the Order entry. Also, the Order entry notification will include the order number (assigned to each order) in the Graftex Prodcom system, the details of the ordered Products, the total price of the Order, including shipping costs. The notification received by the Customer after making the Order regarding the takeover of this Order is an information and does not represent the acceptance of the Order by us.
After checking the stock of Products, Graftex Prodcom will email the availability of the ordered Products, the delivery date and the acceptance of the Order respectively. Acceptance of the Order means the conclusion of the agreement between you and Graftex Prodcom and the Contract will include both the provisions of this Document and any subsequent agreements between Customer and Graftex Prodcom regarding an Order, whether or not they are included in an electronic or material document.
The order can also be placed via the phone - providing our operator with the necessary information to open a user account on your behalf, including an email address where your order can be accepted and confirmed. This email will also contain links to the Processing of Personal Data and this Document that we invite you to study. Acceptance of the order and the existence of a contract between you and us is implicit and evidenced by the recording of the telephone conversation.
Graftex Prodcom may cancel the Order placed by the Customer, with the Customer’s simultaneous or subsequent notification, without being liable for such action, in the following cases:
(i) non-acceptance by the issuing bank of the Customer’s Card of the Transaction in the case of online payment;
(ii) the invalidation of the Transaction by the card processor agreed by Graftex Prodcom in the case of online payment;
(iii) the data provided by the Customer on the Site is incomplete and/or incorrect;
(iv) the Customer’s express request to surrender the Order in writing;
(v) the technical impossibility of processing the Order at the Website level for reasons beyond the Seller;
(vi) any of the terms and conditions of this document have not been fully complied with by the Customer.
DELIVERY. TRANSFER OF PROPERTY AND RISKS
Deliveries of Products are made by courier anywhere in the European Union.
The delivery term is indicated in the Order acceptance email, within 4-5 business days, without exceeding the 14-day deadline.
The Customer will be able to fill in the Order form with only one delivery address per Order.
Property and risks on the Product will be transferred to delivery, but conditional upon payment by the Customer.
We do not assume liability for any losses that may arise from the delay of delivery - if these are caused by circumstances beyond our control or for which we have been unable to take reasonable steps to prevent the delay (governmental actions, impediments of force majeure, wars, acts of terrorism, protests, uprisings, civil unrest, fires, explosions, floods, epidemics, strikes.)
If the product cannot be shipped, Graftex Prodcom undertakes to inform the Customer of this unavailability, and the amounts paid in will be reimbursed within maximum 30 days.
The maximum amount of damages that may be paid by Graftex Prodcom to any Customer in the case of non-delivery or inappropriate delivery is the value of the amount received by Graftex Prodcom from this Customer.
BILLING AND PAYMENT
The Product price is the one mentioned on the Website and includes VAT at the rate applicable under the legislation in force.
The cost of delivery is charged in addition to the price of the products. Delivery of the Products will be against payment or free of charge, depending on the conditions applicable to the Order or the campaign run by Graftex Prodcom on the Order date.
Products ordered can be paid in cash, in local currency, on delivery (cash on delivery), online - with the card through the platform available on the Website.
Also, the Order may be partially or fully paid with a gift card or voucher issued by Graftex Prodcom.
Payment card data will not be available to Graftex Prodcom nor will it be stored by Graftex Prodcom but only by the payment processor integrated into the Website and by the Transaction authorization authority or another entity authorized to provide storage services of the card identification data, of the identity of which the Customer/User/Purchaser will be informed before entering the data.
We make every effort to ensure that the Price on the Website is accurate and complete. If we find an error, we are not obliged to provide you with the product at the wrong price, and we will repay to you any amount already collected in the absence of your agreement to purchase the Product at the correct price.
The Seller will issue an invoice to the Customer for the Products delivered, and the Customer is required to provide all the information required to issue the invoice in accordance with the applicable legislation.
The Seller will provide the Customer with the Product Order invoice as well as any other costs related to the Order in a material or electronic format by including the invoice in the package containing the Products delivered, or by e-mail, at the address specified by the Customer.
PRODUCT CONFORMITY AND WARRANTIES
If you are a consumer and at Delivery you find that a product does not correspond to your Order (accepted and confirmed by us under this Document), you may request (a) that we either repair it or (b) replace it without any payment from you, in 15 calendar days from when you have informed us (if repair or replacement applies to that type of product and is possible) or (c) to refund your paid price (provided you return the product at our expense - when we ask for it).
For more details on the return of the products within 30 days of delivery, please visit the Return Policy (link).
In general, the products are accompanied by a legal warranty of 2 years from the date we deliver them and the manufacturer’s warranty (where applicable). Except for products with an average use time of less than 2 years, in which case the warranty period is reduced to this period.
The warranty provided does not affect the other rights established by applicable law.
If you are not a consumer: you must check all the products as soon as you receive them and within 5 working days of delivery inform us in writing of any product nonconformity. If we do not receive such information from you within the indicated timeframe, the products will be deemed as accepted by you and you will no longer be able to rely on their non-conformities (such as apparent defects, hidden vices or other deficiencies, etc.).
For any warranty questions, please contact us at email@example.com or by contacting the Website Contact page (link).
RIGHT OF WITHDRAWAL
If you place an Order through the Website, you may cancel the Order at any time prior to the conclusion of the Contract, in accordance with these Terms and Conditions.
The consumer also has the right to withdraw from the Contract within 14 days of the physical delivery of the Product without having to justify the withdrawal decision and without incurring any costs other than those set by law. If you ordered in a single order more products to be delivered separately, the term expires after 14 calendar days from when you entered the physical possession of the last product.
In order to exercise the right of withdrawal, the Customer will cumulatively fulfill the following obligations:
(i) shall send to Graftex Prodcom within 30 days his/her decision to withdraw from the Contract either using the withdrawal form (link) or any other unequivocal statement in which he/she expresses his/her decision to withdraw from the Contract, which you will send by email to firstname.lastname@example.org or by completing the online return form that is found in the Account by ticking the box on the right of withdrawal, and you will receive confirmation of sending to Graftex Prodcom by email at the address communicated at the time of the Order.
(ii) will return the Product in respect of which he/she withdraws from the Contract to Graftex Prodcom at: 1 (F) Expositiei BLVD, Expo 1 Business Center, 5th Floor, District 1, Bucharest as soon as possible.
Graftex Prodcom may cover all shipping costs for returned products (regardless of the reason for return) as well as the loyalty procedure if the return is requested and processed through the existing section of the Account.
If the Order is paid, Graftex Prodcom will refund the amount paid by you within 14 (fourteen) days of the date the Buyer informs of his/her decision to withdraw from the Contract solely by bank transfer to the account from which he/she made the payment.
Graftex Prodcom will be able to defer repayment of the amount until receipt of the Goods sold or until receipt of proof that they have been shipped if it has not been offered to recover the Goods itself (the most recent date will be taken).
In case of diminishing the value of the products - because of the way you have manipulated or used them (in other way than to determine the nature, the qualities and the functioning of the products) we will be able to partially refund the amount that we have collected from you, and deduct the equivalent value of the reduction of the respective products.
G. reserves the right to refuse the withdrawal from the contract if the return of the products reveals that they are not in the state in which they were delivered (contain traces of use, missing labels, emblems, other safety features or components).
Products which, by their nature, cannot be returned or can be degraded or damaged rapidly, such as intimate linen products, bathing suits, leather products, may not be subject to withdrawal from the contract.
CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
Graftex Prodcom will ensure the confidentiality of all data provided for the purpose of creating the Account and delivering the Services.
You have an obligation to communicate as soon as possible if you have any clues or suspicions that a third party might affect the security of your Account. For detailed information on the policy on the protection of personal data, please visit the “PERSONAL DATA PROTECTION” section available on the Website.
PROMOTION OF PRODUCTS AND OFFERS
To promote the Products and offers available, Graftex Prodcom can send Newsletters to User/Customer/Member who has opted to receive them, directly or through commercial partners, with the assurance/observance of confidentiality of data provided by the User/Customer by various means, such as by e-mail, any other electronic means of communication (such as SMS, etc.)
The User/Customer/Member has the right to renounce at any time the option originally expressed as follows:
(i) Using the special link provided in any newsletters and/or alerts received;
(ii) By changing the acceptance to receive newsletters and/or alerts and using restricted area pages by using your Account.
(iii) By contacting Graftex Prodcom, according to the contact information existing on the Website.
Graftex Prodcom cannot be held liable for damages of any kind that the Customer or any third party may suffer as a result of Graftex Prodcom’s performance of any of its obligations under the Order and for damages resulting from the use of the Products after delivery and their loss in particular.
However, to the extent that the limitation of liability as above is not possible, the extent of Graftex Prodcom’s liability for any damage caused will only extend to the counter value of the Products which formed the subject of the Order under which the act giving rise to damage was generated.
The Customer is responsible for safely keeping Account details, being solely responsible for fraudulent use of these details as a result of their transmission to a third party voluntarily or as a result of his or her fault.
NOTIFICATIONS AND COMPLAINTS
For notifications and complaints relating to this Document Customer has at its disposal a contact form within the Website. The notifications will be analyzed within 10 days of their receipt, and immediately after their settlement, a response will be communicated to the Customer.
This Document is governed by the Romanian law in force.
In the event of any dispute over this Document, their amicable settlement shall be first attempted via email@example.com and if amicable settlement will not be possible, the dispute will be settled by the courts competent in Romania.
In the same sense, if the transaction between you and us has been concluded via the website, in accordance with Regulation (EU) no. 524/2013, we inform you that you have the right to request the out-of-court settlement of the dispute through the online dispute resolution platform, accessible on the Internet https://ec.europa.eu/consumers/odr/ .