- Raluca C., Bucuresti
Terms and Conditions (GTCS)
Version: 1.03, last revision: 23.03.2009
1. - PURPOSE
General Terms and Conditions of Sale (to as GTCS) will apply to all sales of goods and services by Meridian Europe.Ltd., through the virtual store www.sportmaniac.ro to Buyer and may be amended only with the express written consent of both parts. In this GTCS, the following terms shall mean:
- "BUYER": means any person, firm, company or other legal entity that issues an Order.
- "SELLER": Sc Meridian Europe Ltd. company, with its headquarters in Borzont 194/A, trade register number J19/154/2007, VAT number: RO 21172262
- "Goods and Services": means any key projects, equipment, materials and / or part thereof, or service, including documents and services mentioned in the Order or otherwise relating thereto which is to be provided by the Seller to the Buyer.
- "Order": an electronic document that comes as a form of communication between Seller and Buyer, by the Seller agrees to deliver Goods and Services and the Buyer agrees to receive those Goods and Services and make their payment.
- "Contract": means an Order confirmed by the Seller.
- "Intellectual property rights" (to as IPR): means all intangible rights such as know-how, copyright and rights in the nature of copyright, database rights, design rights, patents , trademarks and domain names for recordings of any of the above.
- "Specifications": specification and / or descriptions of Goods and Services as specified in the Order.
2. - CONTRACT DOCUMENTS
By launching an electronic or telephone Order on the website mentioned, the Buyer agrees with the form of communication (telephone or email) by the Seller is developing its operations. The order will be composed of the following documents, in order of importance:
- The Order (with clear mentions of data delivery and billing) and its particular conditions
- The Buyers specifications (where applicable)
If the Seller confirms the Order, this will involve a full acceptance of the terms of the Order. Accept of the Order by Seller shall be deemed completed when there is a verbal confirmation (phone) or electronic (email) from the Seller to Buyer, without requiring an acknowledgment on its part. The Seller does not think in any moment an Order not confirmed as having the value of a Contract.
3. - VALIDITY
This Contract comes into effect on Seller's Order confirmation. Confirmation is made by telephone or electronically (e-mail). GTCS will be at the base of this Contract, complemented by the Warranty Certificate issued by the Seller or its supplier.
4. - Extension of SELLER's obligations
4.1 - The Seller will use its professional and technical skills to achieve the results stipulated in the Order and will deliver the Goods and Services which meet the requirements, needs and specifications of the Buyer;
4.2 - The materials on the Sellers websites, have been informative and may be modified by the Seller, without prior notice. Also, by space considerations and coherent structure of information, product descriptions may be incomplete, but the Seller is striving to present the information most relevant for the product to be used in the parameters which have been acquired;
4.3 - Communication with the store - may be interacting with it, communicating via "Contact". There will be ignored, advice or address containing insults or inappropriate language. The Seller is free to manage the information received, without having to bring justification for this.
5. - ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and / or subcontract to a third party for services related to honoring the Order, informing the Buyer, not requiring its consent. The Seller will always be responsible toward the Buyer for all contractual obligations.
6. - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Buyer understands intellectual property and will not disclose to third parties or will make public (via the Internet or media), no information received from the Seller. Also, the site name and insignia charts, product descriptions, technical specifications, pictures, texts, symbols, or any information on the said site, can not be downloaded, copied or used without the written consent of the owner.
7. - CONFIDENTIALITY – ADVERTISING
All plans, documents and information of any kind provided by the Buyer to the Seller, including without limiting the Order, will remain the property of the Seller. They can be used only to fulfill the Contract and may be disclosed only with written consent from the Seller and after getting a commitment of confidentiality from the recipient. No public statement, promotion, press release or other ways of disclosure will be made by the Buyer concerning the Order without the will or consent of the Seller.
8. - TERM PENALTIES
If delivery time and / or start of the Order respected, the Seller is obliged to notify the Buyer of the estimated time of completion of delivery. The Buyer will be entitled to claim additional damages from the Seller, when permitted by law, in the event of total or partial lack of performance of the Contract in accordance with deadlines. If the Buyer delays the payment of goods to come within the term stipulated in the invoices of Seller it is required to pay a penalty of 0.5% per day from the amount due. If the Seller receives erroneous information regarding the billing or delivery of products, there will be set a new time of realization of the Order, within the term of 3 working days.
9. - PRICES - BILLING - PAYMENT
Prices on the website are presented in RON or EURO, they include VAT (24%) and custom costs where appropriate. Prices exclude delivery costs, incurred by the Buyer this find. The final price, method of delivery, payment and deadlines will be communicated to the Buyer in the Order confirmation. The Seller will deliver to the Buyer an invoice for the provided Goods or Services, the obligation of the Buyer being to provide all information necessary to issue the invoice according to current legislation.
10. - RISKS AND RESPONSIBILITIES
10.1 - DELIVERY
The Seller is obliged to send Goods and Services in door-to-door system to the Buyer
10.2 - SHIPPING - PACKAGING
Beside if authorized by the Seller and Buyer differently, the Seller unburdens itself over the risks and responsibilities associated with Goods and Services when they are delivered by the national courier company which is working with the Seller or to the representative of the Buyer. The Seller will ensure proper packaging of Goods and Services and will ensure the transmission of documents. The Seller will make delivery of Goods and Services in Romania.
10.3 - ON-SITE SERVICES
The seller can provide, at the special request of the Buyer services consisting of downloading, installing, starting and accepting delivery. These services will be negotiated directly between Buyer and Seller, in terms of price, payment conditions and terms of delivery.
11. - ACCEPTANCE
Acceptance will be made when Goods and Services comply with technical features mentioned in the Order. If the buyer discovers that the goods delivered or services provided do not conform to technical specifications, then the Seller will make compliance to the products and services within a maximum period equal to the execution of the order, without any costs related to the Buyer for these operations. Also, the Seller will comply with the provisions of Law 51/2003 for the approval of Government Ordinance no. 130/2000 on the legal regime to distance, which gives the Buyer (only in terms of the normative act mentioned) the right to cancel the contract within 10 days, followed within 30 days from the date of withdrawal in writing (document signed by the Buyer and sent electronically or by mail with return receipt) to receive the Contract cost (except transportation costs), conditioned by the return of Goods and Services. The Seller has the right as when he believes that intentions of the Buyer were malicious, to require damages from the Buyer, under the legislation.
Article 10. nr.130 of Government Ordinance of 2000: "The consumer can not cancel these types of contracts, unless the parties otherwise agree: a) supplier contracts of goods or services whose price depends on fluctuations in financial market which can be controlled by the trader, b) supplier contracts of goods made to the consumer's specifications or clearly personalized, and those which by their nature can not be returned or which can degrade or deteriorate rapidly, c) supplier contracts of audio recordings, video or computer software if unsealed by the consumer
The Buyer who exercises the right of cancellation of the Contract has the following obligations: products will be shipped with components or accessories received at purchase, in original packaging, in good running conditions. All objects must have the same aspect identical with their reception after the event, have seals intact and not showing signs that prove operations prohibited by the manufacturer or supplier of the products (for example removing an electronic device, changes in some settings , components, electronic assembly, changes in the electric circuit, etc..). Products belonging to a limited number are considered customized products and can not be canceled by the Buyer. The value of cash obligations of providers towards clients may not exceed the amounts collected. The customer can not claim any moral or material damage over these amounts.
12. - PRODUCT SURPLUS
Any goods delivered in excess of the amount stipulated in the Order may be refused by the Buyer within 7 calendar days from delivery.
13. - WARRANTIES
In addition to any other warranties provided by applicable laws and detailed in the warranty certificate issued by the Seller, they guarantee the Buyer against any non-conformity which may affect all or part of Goods and Services, except for normal wear for the period specified in the Contract (usually 24 months) from the invoice date of sale. Exceptions are consumable products, not being object of guarantee.
14. - TRANSFER OF PROPERTY
Title to Goods and Services will be transferred at the time of payment by the Buyer to the location indicated in the Order (understanding by delivery - signature of receipt of the transport document delivered by the courier or signature of receipt on invoices delivered by the Sellers staff). In case of delivery by courier, this is not authorized by the Seller to enable the Buyer to open packages before signing for delivery, only after signing the delivery and possible payment of their counter value. The seller will not be held responsible for the contents of packages sent, unless there is in the document transacted by the Buyer and the courier representative who carried out the delivery.
15. - COMPLIANCE WITH LAWS AND STANDARDS
The Seller will comply with all laws, regulations and ordinances applicable to its contractual achievements, including without limitation the manufacture, assembly, handling, transport, storage, packaging or delivery of Goods and Services and applicable to health, safety and environment.
16. - RESPONSABILITY
The Seller is not responsible for damages of any kind by the Buyer or any third party may suffer as a result of the fulfillment by the Seller of any of its obligations under the Order and for damages resulting from use of Goods and Services after delivery and especially for lost products. The Seller will be liable if his sub-contractors and / or its partners involved in any way in the execution of the Order do not fulfill any of the contractual obligations.
17. - INFRINGEMENT - TERMINATION
If the Seller does not perform its obligations, including warranty period, the Buyer shall notify the Seller of the failure to fulfill. An action plan will be confirmed between the parties within 5 working days of notification. The Buyer can cancel an Order by e-mail or phone, before it was delivered. Otherwise, the Order will be subject to return the goods, mentioned on the Sellers website.
18. - FORCE MAJEURE
Neither party shall be liable for non-performance of its contractual obligations, if such default is due to an event of force majeure. Force Majeure is unforeseeable, beyond the control components which can be avoided.
19. - APPLICABLE LAW - JURISDICTION
This Contract is subject to Romanian law. Any disputes arising from interpretation and execution of this contract will settle amicably and in case no agreement is reached this way will appeal to the competent courts at the headquarter of the Seller.
20. - MISCELLANEOUS PROVISIONS
If one or more provisions of these TCGV conflict with any applicable legal requirement, known as provisions, shall not be applied and the parties will strive together to agree on new provisions in order to comply with the spirit of the original provisions. Parties to the Contract will be considered independent contractor and none of theme will be granted the right or authority to assume or create any obligation on behalf of or damage to the other. Terms and Conditions of this Contract replace other prior written or oral agreements between the parties mentioned, regarding this Contract and shall not be altered or changed except by written agreement signed by both parties.