1. 1.     DEFINITIONS AND TERMS

    METALDESIGN - is the trade name of SC Tehnotop System SRL. legal person of Romanian nationality, having its registered office in Galati, DN 26 KM 5.8 , having a number in the Trade Register J1 / 128/2004 , unique fiscal registration code RO 161087284 . 

     

    Seller - METALDESIGN or any partner. 

     

    Buyer - can be any natural person who is over 16 years old or legal person or any legal entity that makes an Account on the Site and places an Order. 

     

    Client - can be any natural person over 16 years of age or legal person who has or obtains access to CONTENT, through any means of communication provided by METALDESIGN (electronic, telephone, etc.) or based on an existing user agreement between METALDESIGN and it and which requires the creation and use of an Account. 

     

    User - any natural person over the age of 16 or a legal person registered on the Site, who, by completing the process of creating the Account, has given his consent to the site-specific clauses in the General Terms and Conditions section. 

     

    Nickname - pseudonym by which a certain User / Customer / Buyer can add Content to the Site. The nickname is associated with the information on the Site of the User / Customer / Buyer under the name of "Username". 

     

    Account - the section of the Site consisting of an e-mail address and a password that allows the Buyer to send the Order and which contains information about the Customer / Buyer and the Buyer's history on the Site (Orders, tax invoices, goods guarantees, etc.). The user is responsible and will ensure that all information entered when creating the Account is correct, complete and up to date. 

     

    Favorites - section of the Account that allows the Buyer / User to create Lists of Goods and Services that he wants to follow in view of a possible acquisition using the service offered by the Seller to track the Goods and Services by receiving Commercial Communications from his part. 

     

    List - the section of Favorites in which the Buyer / User can add Goods or Services that he wants to follow in view of a possible purchase and which, later, he can delete or add to the shopping cart ("My Cart"). 

     

    The lists can be: 

     

    Public : any Customer / Buyer / User can view the Buyer / User List if he has distributed it on social networks (Facebook, Twitter and Google+) or if he accesses the public profile of the Buyer / User on the Site. The lists are public, and the Buyer / User has the possibility to set them as private at any time, directly from his Account, Favorites section;

    Private : these can only be viewed by the Account holder. The Buyer / User has the possibility to set them as public at any time, directly from his Account, the Favorites section.

    My Cart - section of the Account that allows the Buyer / User to add Goods or Services that he wants to purchase at the time of addition or at a later time; if the Goods or Services are not purchased at the time of addition by placing the Order, the Buyer / User will benefit from the service offered by the Seller for tracking the Goods and Services by receiving Commercial Communications from him. 

     

    Site - the online store hosted at the METALDESIGN .ro web address and its subdomains. 

     

    Order - an electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods and Services from the Site. 

     

    Goods and Services - any product or service listed on the Site, including the products and services mentioned in the Order, which are to be provided by the Seller, the Buyer as a result of the concluded Contract. 

     

    Campaign - the action of exhibiting for commercial purposes, a finite number of Goods and / or Services having a limited and predefined stock, for a limited period of time established by the Seller. 

     

    Contract - represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer. 

     

    Content - represents: 

     

    - all information on the Site that can be visited, viewed or otherwise accessed by using electronic equipment;

    - the content of any e-mail sent to the Buyers by the Seller by electronic means and / or any other available means of communication;

    - any information communicated by any means by an employee / collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;

    - information related to the Goods and / or Services and / or tariffs practiced by the Seller in a certain period;

    - information related to the Goods and / or Services and / or tariffs practiced by a third party with which the Seller has concluded partnership contracts, in a certain period;

    - data regarding the Seller, or other privileged data of the Seller.

    Review - a written evaluation by the owner or beneficiary of a Good or Service, an evaluation based on personal experience and his ability to make qualitative comments and say whether or not the Good or Service meets the specifications mentioned by the manufacturer. 

     

    Rating - a way of expressing the degree of satisfaction of a User / Customer / Buyer with a product. The rating is expressed in the form of stars, each Good being able to receive a score from one star to five stars. This degree of satisfaction will always be associated with the review written by the User / Customer / Buyer on a Good or Service. 

     

    Comment - critical appreciation or observation on a Review or other comment. 

     

    Question - the formula for addressing other Users / Customers / Buyers in order to obtain information about the Goods or Services on that page. 

     

    Answer - written information that is transmitted to the User / Client / Buyer who addressed a Question on the Site, on the page of a certain Good. The answer is an explanation given by a User / Customer / Buyer to another User / Customer / Buyer in a discussion. 

     

    Document - these Terms and Conditions. 

     

    Commercial Communications - any type of message sent (such as: e-mail / SMS / telephone / mobile push / webpush / etc.) Containing general and thematic information, information on products similar or complementary to those you have purchased, information on offers or promotions, information on Goods and Services added in the "My Account / Cart" section or the " Account / Favorites" section as well as other commercial communications such as market research and opinion polls.   

     

    Transaction - the collection or reimbursement of an amount resulting from the sale of a Good and / or Service by METALDESIGN , to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the delivery method. 

     

    Green stamp duty - the value expressed in lei, paid by the Seller to the authorized company with the takeover of the operations of collection, transport and recovery / recycling of waste electrical and electronic equipment, as provided by the legislation in force. 

     

    Specifications - all specifications and / or descriptions of the Goods and Services as specified in their description. 

     

    1-click payment - the payment service provided by the payment processor integrated in the Site, made available to Customers, Users and / or Buyers through the Site in order to make an online card payment. 

     

    Token - unique encrypted number associated with the Buyer's payment card after making an online payment, after activating the PaybyClick service and which can be used by the Buyer to authorize Transactions through the PaybyClick service. 

     

     

     

    2.     CONTRACTUAL DOCUMENTS

    2.1. By registering an Order on the Site, the Buyer agrees with the form of communication (telephone or e-mail) through which the Seller carries out its commercial operations.

     

    2.2. The notification received by the Buyer, after making the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.

     

    2.3. For justified reasons, the Seller reserves the right to change the quantity of the Goods and / or Services in the Order. If you change the quantity of Goods and / or Services in the Order, it will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will return the amount paid.

     

    2.4. The contract is considered concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, by e-mail and / or SMS of the notification of dispatch of the Order.

     

    2.5. For Orders to be delivered to METALDESIGN showrooms and delivery points, the prices and reservations of the Goods and / or Services are valid for 72 (seventy-two) hours from the registration of the Order by the Buyer.

     

    2.6. The document and the information provided by the Seller on the Site will be the basis of the Contract, in addition to it being the guarantee certificate issued by the Seller or a supplier thereof for the purchased Goods.

     

    3.      ONLINE SALES POLICY

    3.1. Access in order to place an Order is allowed to any User / Buyer.

     

    For justified reasons METALDESIGN reserves the right to restrict the access of the User / Buyer in order to place an Order and / or to some of the accepted payment methods, if it considers that based on the conduct or activity of the User / Buyer on the Site, its actions could harm METALDESIGN in any way . In any of these cases, the User / Buyer may contact the Customer Relations Department of METALDESIGN , in order to be informed about the reasons that led to the application of the above measures.

     

    3.2. Communication with the Seller can be done by direct interaction with him, including through online support (Live Chat) or through the addresses mentioned in the "contact" section of the Site. The seller has the freedom to manage the information received without having to bring justifications for it. 

     

    3.3 In case of an unusually high volume of traffic coming from an internet network, METALDESIGN reserves the right to ask Users / Buyers to manually enter the captcha validation codes, in order to protect the information within the Site.

     

    3.4. METALDESIGN may publish on the Site information about Goods and / or Services and / or promotions practiced by it or by any other third party with which METALDESIGN has concluded partnership contracts, within a certain period of time and within the available stock.

     

    3.5. All tariffs related to the Goods and / or Services presented on the Site are expressed in lei (RON / EUR ) and include VAT, except for voice and / or data subscriptions, which are expressed in euro (EUR) and do not include VAT

     

    3.6. Under the conditions provided by law, the price of the Electronic Goods displayed on the Site, includes the Green Stamp Tax. If the User / Buyer requests details regarding the exact amount added to the price of the Good, he will contact the METALDESIGN Customer Relations Department .

     

    3.7. In the case of online payments, the Seller is not / cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing his card, if the currency of his issuance differs from RON. The responsibility for this action lies solely with the Buyer.

     

    3.8 All information used to describe the Goods and / or Services available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.

     

    3.9. After 14 (fourteen) days from the purchase of a Good or Service, the Buyer will be required to register a Review related to the purchased Good or Service. The request will be sent to the email address registered by the Buyer in the Account. In this way, the Buyer contributes to informing other possible Users / Customers / Buyers on the Site and is actively involved in the development of new Services and in the most complete detailing of the characteristics of the Goods.

     

     

     

    4.      ASSIGNMENT AND SUBCONTRACTING

    4.1. The Seller may assign and / or subcontract a third party for Services related to the fulfillment of the Order, with the information of the Buyer, without the consent of the Buyer. The Seller will always be liable to the Buyer for all contractual obligations.

     

     

     

    5.     INTELLECTUAL AND INDUSTRIAL PROPERTY LAW

    5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the Site, are the exclusive property of METALDESIGN , being and reserved all rights obtained in this regard directly or indirectly (through licenses for use and / or publication).

     

    5.2. Customer / Buyer / User is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any context other than the original intended by METALDESIGN , include any Content outside the Site, the removal of the signs that signify the copyright of METALDESIGN over the Content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of METALDESIGN .

     

    5.3. Any Content to which the Customer / Buyer / User has and / or obtains access by any means, is subject to the Document, if the Content is not accompanied by a specific and valid use agreement concluded between METALDESIGN and it, and without any implicit or express warranty made by METALDESIGN with reference to that Content.

     

    5.4. Customer / Buyer / User may copy, transfer and / or use Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.

     

    5.5. If METALDESIGN grants the Customer / Buyer / User the right to use in the form described in a separate user agreement, certain content, to which the Customer / Buyer / User has or obtains access as a result of this agreement, this right extends only on that or those contents defined in the agreement, only during its existence or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment from METALDESIGN for the respective Client / Buyer / User or any other third party who has / obtains access to this transferred content, by any means and who may be or is harmed in any way as a result of this content, during or after the expiration of the use agreement.

     

    5.6. No Content transmitted to the Client, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and / or viewing does not constitute a contractual obligation on the part of METALDESIGN and / or the METALDESIGN employee. which mediated the transfer of Content, if any, to such Content.

     

    5.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying use agreement, if any, is prohibited.

     

     

     

    6.     COMMAND

    6.1. The Client / Buyer can place Orders on the Site, by adding the desired Goods and / or Services in the shopping cart, following to complete the Order by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a Good and / or a Service is available for purchase to the extent that there is stock available for it. The addition of a Good / Service in the shopping cart, in the absence of completing the Order, does not entail the registration of an order, implicitly also the automatic reservation of the Good / Service.

     

    6.2. By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.

     

    6.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.

     

    6.4. The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other in the following cases:

     

    6.4.1. non-acceptance by the issuing bank of the Buyer's card, of the transaction, in case of online payment;

     

    6.4.2. invalidation of the transaction by the card processor approved by METALDESIGN , in case of online payment;

     

    6.4.3. the data provided by the Client / Buyer on the Site are incomplete and / or incorrect;

    6.4.4 The balance related to the order with the payment method "I pay what I keep" has exceeded the maximum ceiling

    6.5.5 The buyer did not make, in time, the payment related to the orders with the payment method "I pay what I keep"

     

    6.5. The Buyer has the right to withdraw from the Contract, respectively to return a Good or to give up a Service, within 14 calendar days, without invoking any reason and without incurring costs other than delivery. Thus, according to GEO no. 34/2014, the period of returning a Good or giving up a Service expires within 14 days from:

     

    - the day on which the Buyer enters into physical possession of the last Good - if the Buyer orders by a single order multiple products that will be delivered separately

    - the day on which the Buyer enters into physical possession of the last Good or the last piece - in case of delivery of a product consisting of several lots or pieces

    6.6. If the Buyer decides to withdraw from the Contract, he will be able to fill in the return form online.

     

    6.7. If the Client / Buyer requests the withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date of informing the Seller by the Buyer of his decision to withdraw from the Contract. The amount will be returned as follows:

    6.7.1. for Orders paid by bank card -> by refund to the account from which the payment was made or by generating a voucher with the value of the returned product;

    6.7.2. for Orders paid with Op / iTransfer / -> by bank transfer or by generating a voucher with the value of the returned product;

    6.7.3. for Orders paid cash on delivery / with cash in the showroom -> by refunding cash in the showroom, by returning the value of the product in the bank account sent by the customer or by generating a voucher with the value of the returned product.

    6.7.4. for Orders paid by consumer credit -> cancellation / recalculation of contract rates.

     

    6.8. The Seller will be able to defer the refund until the Goods are sold or until they receive proof that they have been shipped, if he has not offered to recover the Goods himself (the most recent date will be taken).

     

    6.9. If the Good is returned in a condition in which it can no longer be sold as new (open packaging, accessories missing, the Good is damaged), we reserve the right to request a fee for returning the Good to its original stage, as the case may be, or for to cover the price difference resulting from the sale of the product as resealed or, at the Buyer's request, we will resend the Good, the delivery costs being borne by the Buyer.

     

    Diminution of the value of the returned Goods

     

    Because, in the case of distance sales, the Buyer does not have the possibility to check the Goods before concluding the contract, he has the right to withdraw from the contract. For the same reason, the Buyer is allowed to test and verify the Goods he has purchased to the extent necessary to establish the nature, characteristics and operation of the Goods.

     

    In order to establish the nature, characteristics and mode of operation of the Goods, the Buyer must handle and inspect them in the same way as he would be allowed to do in a real physical store. For example: The buyer only needs to try on an item of clothing, not to wear it on various occasions.

     

    The Buyer is only responsible for diminishing the value of the Goods resulting from manipulations other than those necessary to determine the nature, qualities and functioning of the Goods.

     

    If the Buyer exercises his right of withdrawal after using the Goods to an extent that exceeds the limit necessary to establish their nature, characteristics and mode of operation, the Buyer is responsible for any decrease in the value of the Goods. 

     

    The accessories (user manuals, CDs, cables, etc.) in the box of the Good as well as its original packaging are an integral part of the Good. As a result, we recommend to the Buyer when exercising his right of withdrawal from the contract to return it in the original undamaged packaging, protected by wrapping with foil for stretch plastic packaging or packed in a cardboard box (without labels affixed to it, without cuts, tears, etc.). ) and all its accessories. 

     

    Returned goods that show signs of wear (stains, scratches, bends, cracks, bumps, etc.) are accepted for return only after their conformity, involving the costs of sanitation, cosmetology, repair, replacement of any damaged parts and return to commercial form. for sale as a Reconditioned / Resealed product. The final value is determined according to the value of the parts to be replaced and the reconditioning work or as the difference between the initial value of the new product and the resale value of the used product. 

     

    Any decrease in the value of the Goods resulting from their handling other than those necessary to determine the nature, qualities and operation of the Goods is the responsibility of the Buyer. For clarity, from the total price of the returned Good, the Seller will retain a sum of money that represents the decrease of the value of the Good in proportion of 5% -50% of the initial value of the Good, as the case may be. The equivalent value of the diminution fee will be communicated to the Buyer upon receipt of the returned Goods.

     

    6.10. If a Good and / or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Customer / Buyer of this fact and will return to the Buyer's account the value of the Good and / or the Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.

     

    6.11. The availability of a Good will be displayed on the Site as follows: 

     

    "In stock" - we have more than 3 pieces in stock METALDESIGN

    "Limited stock" - we have less than 3 pieces in METALDESIGN stock

    “In supplier stock” - The good is not available in METALDESIGN stock . If you register an Order for a Good that has "supplier stock" next to it, one of our sales consultants will contact you as soon as possible to communicate the availability of the Good.

    “To order” - The good is not available in the METALDESIGN stock and at the moment we do not have information about its availability in the supplier's stock. But, if you register an Order for a Good that has "on order" next to it, one of our sales consultants will check the availability of the product in the supplier's stock and will contact you to communicate the availability of the Good.

    “ Pre- order” - The good is not available in METALDESIGN stock nor in the supplier's stock. But, if you register an order for a Good that has "pre-order" next to it, one of our sales consultants will check the supply term of the supplier and will contact you to communicate the availability of the Good.

    “Out of stock” - The item is no longer available in METALDESIGN stock

    "Currently unavailable" - currently we cannot procure the Good because it is not in the supplier's stock.

     

    6.12. Placing an order through the "I pay what I keep" payment method

     

    6.12.1 The payment method "I pay what I keep" is available to Buyers on the website www. METALDESIGN .ro and will be displayed only to eligible Orders and Buyers; 

    6.12.2 In order to place the order with this payment method, the Buyer must choose to make the payment with a bank card already saved in the customer account accessible for payment Pay by click, bank card issued in the name of the Buyer (holder of the customer account ), whose expiration date is not in the month of the order placed using this payment method.

    6.12.3 The Buyer will not have available the option to delete the card saved in the Account and selected when placing the order with the payment method "I pay what I keep" until the payment of that Order. 

    6.12.4 The payment method involves payment at the communicated due date, by debiting the card selected when placing the Order with this payment method; The due date will be mentioned on the invoice and is calculated as 15 days from the estimated delivery date of the last Good in the Order. For the avoidance of doubt, the due date of payment will not change, regardless of the actual date of physical delivery of the last Good in the Order.

    6.12.5 After placing the Order, the Seller verifies the cumulative fulfillment of the conditions associated with this payment method allows the processing of the Order and the delivery of the Good / Goods.

    If all the conditions associated with this payment method are not met, the Order will not be processed, and the Seller will contact the Buyer to change the payment method or cancel the Order.

    6.12.6 On the due day of the invoice associated with this payment method, the automatic debit of the bank card selected by the Buyer will take place upon placing the Order. The amount debited will be equal to the equivalent value of the Goods from the Order for which the return request has not been registered and resolved positively. If your return request has not been resolved positively, the Seller will be able to debit the amount due from the saved card starting with the 15th day from the due date.

    In order not to be debited in full from the bank card selected by the Buyer when placing the Order, in case of return of the Order, in full or in part, the return request must be made and resolved positively no later than one day before the due date. If the return request has not been resolved positively, respectively the return of the Order has not been approved by the due date, the amount debited will be reimbursed according to article 6.7 above.

    6.12.7 The Seller will send the Buyer a debit notification to the e-mail address associated with the METALDESIGN customer account , at least 2 (two) days before the moment of the actual transaction.

    6.12.8 The buyer undertakes to insure the amount due on the bank card associated with the “I pay what I keep” payment method, so that at the due date the debit transaction is successfully performed.

    6.12.9 Any return request received after the due date will be resolved according to the standard flow.

     

     

    7.     GOODS / SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED

    7.1. The following are exempted from the right of withdrawal from the Contract:

     

    7.1.1. the contracts for the provision of services, after the full provision of the services, if the execution started with the express prior consent of the Buyer and after he confirmed that he became aware of the fact that he will lose his right of withdrawal after the full execution of the Contract by the Seller;

     

    7.1.2. the supply of Goods and / or services whose price depends on the fluctuations on the financial market that the Seller cannot control and which may take place during the withdrawal period;

     

    7.1.3. the supply of Goods made to the specifications presented by the Buyer or clearly customized;

     

    7.1.4. the supply of Goods that are likely to deteriorate or expire rapidly;

     

    7.1.5. the supply of sealed Goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the Buyer;

     

    7.1.6. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other elements;

     

    7.1.7. the supply of alcoholic beverages whose price was agreed at the time of concluding the Contract, whose delivery cannot be made before 30 (thirty) days and whose real value depends on market fluctuations that the Seller cannot control;

     

    7.1.8. contracts in which the Buyer has specifically requested the Seller to travel to his home to carry out urgent repair or maintenance work. If, during such a visit, the Seller provides services other than those expressly requested by the Buyer or provides other Goods than the spare parts necessary for the execution of maintenance or repair work, the right of withdrawal applies to those Services or additional Goods ;

     

    7.1.9. providing sealed audio or video recordings or sealed computer programs that have been unsealed after delivery;

     

    7.1.10. providing newspapers, periodicals and magazines, except for subscription contracts for the provision of such publications;

     

    7.1.11. the provision of digital content that is not delivered on a material medium, if the delivery began with the express prior consent of the Buyer and after he has confirmed that he has become aware that he will lose his right of withdrawal.

     

    8.      PRIVACY

    8.1. METALDESIGN will maintain the confidentiality of any information you provide. Disclosure of the information provided may be made only under the conditions mentioned in this Document.

     

    8.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer / Customer regarding the Order / Contract without the prior written consent of the Seller.

     

    8.3. By submitting information or materials through this site, you give the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, in its own interest, this information, ideas, concepts, know-how or techniques that you have sent us through the Site. METALDESIGN will not be subject to obligations regarding the confidentiality of the information sent, unless the legislation in force does not provide other specifications in this regard.

     

    9.      COMMERCIAL COMMUNICATIONS

    9.1. The Buyer / User / Customer may change at any time the option regarding the agreement given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions, as follows:

     

    9.1.2. by changing the Account settings in the "My Subscriptions" section;

     

    9.1.3. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or

     

    9.1.4. by contacting the Seller.

     

    9.2. By adding Goods or Services in the Account section:

     

    "My Cart", the Seller will send to the Buyer / User Commercial Communications regarding:

     

    - when changing the price of the Goods or Services added in the “My Cart” section,

    - to recommendations of Goods or Services similar to those added in the "My Cart" section,

    - the existence of the Goods or Services in the “My Cart” section, and

    - stock availability of Goods or Services added in the "My Cart" section.

    "Favorites", the Seller will send to the Buyer / User Commercial Communications regarding:

     

    - when changing the price of the Goods or Services added in the “Favorites” section,

    - for recommendations of Goods or Services similar to those added in the "Favorites" section, and

    - stock availability or Goods Services added in the "Favorites" section.

    9.3. Following the purchase of a Good or Service, the Seller will send to the Buyer / User Commercial Communications regarding:

     

    - suggestions of Goods or Services recommended to be used together with the purchased Good or Service.

    9.4. The Customer / User may unsubscribe, at any time, from the Commercial Communications mentioned in point 9.3. the above by clicking on the link to unsubscribe displayed commercial messages received from METALDESIGN or by contacting METALDESIGN in this regard. 

     

    9.5. Also, to improve the supply of Goods and Services and the buying experience, we will use your data to conduct market research and opinion polls. The information obtained from these market research and opinion polls will not be used for advertising purposes but only in those mentioned above. Your responses to market research and opinion polls will not be associated with your identity and will not be passed on to third parties or published. You may object to the use of data for market research and opinion polling purposes at any time by accessing the unsubscribe link displayed in the message or by contacting METALDESIGN .

     

    10.   BILLING - PAYMENT

    10.1. The prices of the Goods and Services displayed within the site www. METALDESIGN .ro include VAT according to the legislation in force.

     

    10.2. The price, the payment method and the payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the delivered Goods and Services, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.

     

    10.3. The Seller will send to the Buyer the invoice related to the Order containing Goods and / or Services sold by METALDESIGN , except for the Goods and / or Services sold by METALDESIGN Marketplace partners , as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Account. To the Buyer or by e-mail, to the e-mail address mentioned by the Buyer in his Account.

     

    10.4. For a correct communication of the invoice related to the Order, the Buyer has the obligations to update whenever necessary the data from his Account and to access the information and documents related to each Order, existing in the Account.

     

    10.5. Through this method of communication, the Buyer, accessing his Account, will keep a record of the invoices issued by METALDESIGN , being able to save and archive them at any time and in any way he wants.

     

    10.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by adding them by METALDESIGN in the Account or by e-mail, to the e-mail address mentioned in his Account.

     

    10.7. If this information is not available for more than 48 (patruzecisiopt) hours in the Account, please notify us look to the email address: info @ METALDESIGN .r it.

     

    10.8. Payment by PaybyClick is a fast way to pay online with the card, which consists of making the payment with a single click by using the Token related to the card, without the need to enter the details related to the payment card for each Transaction.

     

    10.9. Payment option 1-click payment can be activated by User or Buyer:

     

    1.     a) at any time in the Account:

     

    - The Client / Buyer accesses his Account-> the “My Cards” section -> chooses the “Add card” option -> is directed to the payment page of the payment processor where he enters the card data to perform a 1 leu transaction necessary to validate the card. After the card is validated by the issuing bank, the “Payment with 1 click” option is automatically activated and the token related to the registered bank card is issued. From this moment the User / Buyer can benefit from the “Payment with 1 click” option using the token related to the card saved for the payment of Orders.

    To avoid any doubt, the amount of 1 lei will not be debited from the User's / Buyer's account, being only temporarily blocked by the card issuing bank in order to validate the card data entered.

     

    1.     b) when placing an Order.

     

    - The Customer / Buyer places the Order and chooses the credit or debit card payment method, activates the “1 click payment” option, is redirected to the payment processor page, enters the card data and pays, respectively completes the Order. After payment confirmation, the saved card is available for future payments using the saved card token.

    1.      c) after placing an Order on the Site.

     

    - The Customer / Buyer places the Order and chooses the payment method Credit or debit card, but does not activate the Payment with 1 click when placing the Order. After confirming the payment, the Customer / Buyer will have the opportunity to save the card used to pay for the Order by activating the "Payment with 1 click" option. The card thus saved is available for future payments using the token corresponding to the saved card.

    Thus, when activating the “1-click payment” option, in the Site, the payment card data entered by the User / Buyer will be assigned a Token, which can be used later to perform the Transactions. After activating the payment option "Payment with 1 click", the Buyer will be able to make the payment of the following Orders ("Payment with 1 click"), without the need to re-enter the data of the payment card already saved. By entering the User / Buyer card data, you confirm that you have been previously informed and have accepted the terms and conditions of use of the "1-click payment" service. 

     

    10.10 The payment card data of the User / Buyer will not be accessible METALDESIGN nor will it be stored by METALDESIGN or by the payment processor integrated in the Site, but only by the institution of authorization of the Transaction or another entity authorized to provide card identification data storage services, about whose identity the User / Buyer will be informed, prior to entering the data.

     

    The entity authorized to provide card data storage services is PayU SA, a company incorporated and operating under Polish law, registered in the Register of Enterprises kept by the Poznań-Nowe Miasto I Wilda w Poznaniu Court, under registration number 0000274399, with its registered office located in 182 Grunwaldzka, 60-166 Poznan, Poland.

     

    10.11. In certain cases, in order to maintain the security of the Transactions, at the registration of the Order, the Buyer will be asked to authorize the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.

     

    10.12. For transaction security reasons, the User / Buyer is advised not to remain logged on to the Site and not to set the option of automatic login on mobile devices. Disclosure of the account access password is not permitted and it is recommended to use a strong security password (eg, to contain at least eight characters, including uppercase, lowercase, numbers, and special characters).

     

    10.13. The Customer / User / Buyer can enter the data of several payment cards he owns, for which the PaybyClick payment option can be activated, being associated a Token for each payment card. Also, the User / Buyer can at any time delete any Token deactivated thus the PaybyClick service.

     

    10.14 Payment by “I pay what I keep” is a payment method by which the Seller offers the Buyer the possibility to place orders within the maximum ceiling communicated with the payment, by debiting the selected bank card, within 15 days from the estimated delivery date. Good from Order;

     

     

    11.   DELIVERY OF GOODS

    11.1. The delivery conditions of the Goods and Services sold by METALDESIGN can be found in the Order delivery section.

     

    11.2. Terms of delivery of goods and services sold by partners METALDESIGN Marketplace section METALDESIGN Marketplace.

     

    11.2. The Seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.

     

    11.3. The Seller will deliver the Goods and Services only on the Romanian territory.

     

    12.   GUARANTEES

    12.1. All Goods sold by METALDESIGN , except for resealed Goods, benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the producers. The goods are new (except for resealed goods), in the original packaging and come from sources authorized by each manufacturer.

     

    12.2. In the case of Goods sold and delivered by METALDESIGN , the guarantee certificates are either issued directly by the manufacturer, if he has a national service network, or are issued by SC Depanero SRL, METALDESIGN service partner . In the case of warranty certificates issued by SC Depanero SRL, we offer the "Pick-up & Return" service, which involves taking over and delivering the Goods free of charge.

     

    12.3. In the case of Goods sold and delivered by METALDESIGN through Marketplace partners, the Buyer will receive upon delivery for each Goods benefiting from the guarantee a guarantee certificate with all the details of the service center that ensures the repairs during the warranty period. The guarantee of the Goods purchased through METALDESIGN from the Marketplace partners is ensured by the authorized service mentioned on the guarantee certificate afferent to the Good or by the Seller.

     

    12.4. For the Goods in the Order that benefit from the guarantee based on the guarantee certificates issued by SC Depanero SRL, METALDESIGN service partner , METALDESIGN will send to the Buyer these guarantee certificates exclusively in electronic format, by adding the guarantee certificate related to the Good in the Buyer's Account or by e-mail, to the e-mail address mentioned by the Buyer in his Account.

     

    12.5. For a correct communication of the guarantee certificate related to the Order Goods, the Buyer has the obligations to update whenever necessary the data from his Account and to access the information and documents related to each Order, existing in the Account.

     

    Through this method of communication the Buyer, accessing his Account on www. METALDESIGN .ro, will have a record of the guarantee certificates issued by METALDESIGN , being able to save and archive them at any time and in any way it wants.

     

    If this information is unavailable for 48 (forty-eight) hours in the client's account, please notify us on this e-mail address: info @ METALDESIGN .ro.

     

    12.6. In the case of warranty certificates issued by manufacturers, we offer the "Pick-up & Return" service, which involves taking over and delivering the Goods free of charge. You can always choose to go directly to the nearest service center mentioned in the certificate. This center authorized by the manufacturer will take full responsibility for resolving the warranty.

     

    The lack of the guarantee certificate of the Good must be signaled in maximum 48 (forty-eight) hours from the reception of the Good on the address info @ METALDESIGN .ro. Any subsequent notification will not be considered.

     

    12.7. In the case of resealed Goods, the warranty certificate is issued by METALDESIGN , and the warranty may cover a different period than the warranty period of the same new, sealed Asset. The warranty period is specified in the warranty certificate for each Resealed Asset. The conditions of use, handling and transport of a resealed Good are the same as those of the sealed products and benefit from the same services unless otherwise stipulated in the product page.

     

    13.   TRANSFER OF PROPERTY OF GOODS

    13.1. Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning delivery - signing the receipt of the transport document provided by the courier or signing the receipt on the fiscal invoice in case of deliveries made by the Seller's staff) .

     

    14.    LIABILITY

    14.1. The Seller shall not be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's fulfillment 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 their loss.

     

    14.2. By creating and using the Account, the User / Buyer assumes responsibility for maintaining the confidentiality of Account data (user and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his Account.

     

    14.3. By creating the Account and / or using the Content and / or placing Orders, the Customer / User / Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing at the time of account creation. and / or the use of the content and / or the date of placing the Order.

     

    14.4. Seller reserves the right to periodically update and amend the Site Terms and Conditions to reflect any changes to the Site's terms and conditions of operation or any changes to legal requirements. The document is opposable to Customers / Users / Buyers from the moment of posting on the Site. In the event of any such change, we will display the amended version of the Document on the Site, for which reason please check the contents of this Document periodically. 

     

    WRITING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS

    15.1. the writing of Reviews, Comments, Questions and Answers can be done, by Users / Customers / Buyers, in the sections “Customer Questions and Answers” ​​and “Reviews”. The information entered can be both positive and negative, and will refer to the characteristics and use of a product or service.

    15.2. When registering a certain Review / Comment / Question / Answer on the Site, Users / Customers / Buyers grant the Seller a non-exclusive, perpetual, irrevocable, unlimited territorial license and give the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.

     

    15.3. Each User / Customer / Buyer, at the time of registering for Review / Comment / Question / Answer in the mentioned sections, undertakes to respect the following rules:

     

    - to make references only to the characteristics and / or the way of using a certain product or service, avoiding information related to aspects that can change (price or promotional offers) or information related to the way the Order is carried out;   

     

    - to use only the Romanian language. Words or expressions are also allowed which, although not considered Romanian, are widely used in all media related to the respective field (eg: mouse, notebook, plug and play);   

     

    - to use an appropriate, non-offensive language, without terms that may offend or affect any other User / Customer / Buyer;   

     

    - to ensure the correct framing of the content introduced on the Site as follows: any Question will be entered in the "Customer Questions and Answers" section, and any Review will be entered in the "Reviews" section;   

     

    - to ensure that the information entered by them is realistic, correct, not misleading and in accordance with applicable laws, thus respecting the rights of other parties, copyrights, trademarks, licenses or other property rights, advertising or privacy;   

     

    - to use this facility only to communicate or obtain additional details regarding a certain product or service on the Site without referring to other companies that promote the sale and purchase of products or services;   

     

    - not to provide or request, in any way and to any extent, personal data (contact details, information about delivery or domicile address, telephone numbers, email addresses, name and / or surname, etc.) or any other information that may cause the disclosure of this personal data;    

     

    - not to register information and / or details about URLs (links) from other commercial sites that carry out the same commercial activity as the Seller;    

     

    - not to try to defraud the services provided by the Seller or to submit Reviews / Comments / Questions / Answers containing advertising materials;   

     

    - not to use the Review / Comment / Question / Answer as a means of communication with the Seller, in this sense the Seller's contact data registered on the Site will be used.    

     

    15.4. In addition to a realistic critical evaluation, when submitting a Review, the User / Customer / Buyer will also add a relevant Rating for the related product or service. Reviews, along with their corresponding ratings, will influence the overall rating of the product or service, the number that appears in parentheses next to their title. Thus, a Review accompanied by a high Rating leads to an increase of the general Rating, and a Review accompanied by a low Rating leads to a decrease of the general Rating.

     

    Users / Customers / Buyers who submit Reviews to which they attach photo or video files will follow the following rules:

     

    - the uploaded files will contain images and / or videos that refer to the product or service for which the Review is written, ensuring that the uploaded files respect the copyrights;   

     

    - uploaded files will not contain violence, adult content, language licensing or other content that offends a person / a group based on race or ethnic origin, religion, disability, gender, age, status veteran of sexual or political orientation;    

     

    - uploaded files will not contain information about other people;   

     

    - uploaded files will not contain URLs or watermarks to sites that carry out the same commercial activity as the Seller.   

     

    15.5. When a Review / Comment / Question or Answer is reported by a User / Customer / Buyer as having inappropriate content, from a strictly subjective perspective, this content is carefully examined by the Seller to determine whether it violates the Site Terms and Conditions. . The texts, photos or videos entered are removed from the Site only after their examination by the Seller.

     

    15.6. If the Seller finds a violation of the Terms and Conditions repeatedly, it reserves the right to suspend the ability of the User / Customer / Buyer to submit Reviews / Comments / Questions or Answers in the sections "Customer Questions and Answers" and " Reviews ”.

     

    For notifications or complaints related to the purchased Good and / or Service, the Buyers have at their disposal the notification form within the Site: http: // info. METALDESIGN .ro / complaints-notifications. The maximum term for resolving complaints or notifications is 30 calendar days from their receipt.

     

    16.     PROCESSING OF PERSONAL DATA

    16.1. Please read the Privacy Policy regarding the processing of personal data, which is part of this Document.

     

    17.    USE OF COOKIES

    17.1. See the Cookies Policy, which is part of this Document.

     

    18.    MAJOR FORCE

    18.1. Neither party shall be liable for non-performance of its contractual obligations if such failure to perform on time and / or properly, in whole or in part, is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.

     

    18.2. If within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the contract without any of them being able to claim damages from the other. 

     

    19.     APPLICABLE LAW - JURISDICTION

    19.1. This contract is subject to Romanian law. Any disputes between Seller and Users / Buyers will be settled amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in Bucharest.