1. DEFINITIONS AND TERMS
Electroglobal – the trade name of Electroglobal S.A., a legal entity, with its registered office in Cluj-Napoca, str. Nikola Tesla, Cluj County, postal code 400724, Romania, registered in the Trade Registry under number J12/2492/2004, fiscal registration code RO16571917.
Seller – Electroglobal S.A.
Buyer, Client – the legal entity that has or obtains access to the CONTENT by any means of communication made available by Electroglobal (electronic, telephone, etc.) or based on an existing usage agreement between Electroglobal and the Buyer.
User – any natural/legal person who uses the website.
Site – the domain www.electroglobal.ro and its subdomains.
Order – electronic document that serves as a means of communication between the Seller and the Buyer, through which the Buyer transmits to the Seller, using the contact details displayed on the Site, the Buyer’s firm intention to purchase goods and services.
Goods – any product from the Seller’s offer, including the documents mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the concluded Contract.
Services – any service from the Seller’s offer, including the documents and services mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the concluded Contract. In such cases, the parties shall agree in writing, case by case, on the conditions under which they will be provided.
Campaign – any action carried out by the Seller to market its goods and services under conditions different from the usual ones, especially for promotional purposes, with a limited and predefined stock, for a limited period of time established by the Seller.
Contract – the distance contract concluded between the Seller and the Buyer, in simplified form, without the simultaneous physical presence of the Seller and the Buyer.
Content – all information on the Site that can be visited, viewed, or otherwise accessed by using an electronic device; the content of any e-mail sent to Buyers by the Seller through electronic means and/or any other available means of communication; any information communicated by any means by an employee/collaborator of the Seller to the Buyer, according to the contact details provided or not by the Buyer; information regarding the Goods and/or Services and/or the prices applied by the Seller during a certain period; data regarding the Seller, or other privileged data belonging to the Seller.
Question – a request addressed to the Seller for the purpose of obtaining information regarding the products or services offered by the latter.
Answer – written information transmitted to the User/Client/Buyer who submitted a question. The Answer represents an explanation offered by the Seller to a Client/Buyer by any means of communication.
Document – these Terms and Conditions.
Newsletter – periodic means of information, exclusively electronic, namely electronic mail (e-mail, SMS), regarding the Goods and Services and/or promotions carried out by the Seller during a certain period, without any commitment from the Seller regarding the information contained therein.
Specifications/Characteristics – all specifications and/or descriptions of the Goods and Services as mentioned in their description.
2. CONTRACTUAL DOCUMENTS
2.1. By submitting an Order through any of the contact details displayed on the Site, the Buyer agrees with the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer after submitting the Order is for informational purposes only and does not constitute 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 modify the quantity of Goods and/or Services in the Order. If the Seller modifies the quantity of Goods and/or Services in the Order, it will notify the Buyer at the e-mail address or phone number provided to the Seller when the Order was submitted.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. The Client/Buyer is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any other context than the original intended by Electroglobal, include any Content outside the Site, remove the copyright markings of Electroglobal from the Content, as well as participate in the transfer, sale, distribution of materials created by reproducing, modifying or displaying the Content, except with the express written consent of Electroglobal.
3.2. Any Content to which the Client/Buyer has and/or obtains access by any means is subject to this Document, in the absence of a specific and valid usage agreement concluded between Electroglobal and the Client/Buyer, and without any implicit or explicit warranty from Electroglobal regarding such Content.
3.3. The Client/Buyer may copy, transfer and/or use Content only for personal or non-commercial purposes, only if these do not conflict with the provisions of this Document.
3.4. If Electroglobal grants the Client/Buyer the right to use, under the form described in a distinct usage agreement, certain Content to which the Client/Buyer has or obtains access as a result of this agreement, such right shall extend only to the Content(s) defined in the agreement, only during their existence on the Site or the period defined in the agreement, according to the conditions therein, if such exist, and does not constitute a contractual commitment from Electroglobal for that Client/Buyer or any other third party who has/obtains access to this transferred Content, by any means, and who might be or is prejudiced in any way as a result of this Content, during or after the expiration of the usage agreement.
3.5. No Content transmitted to the Client or Buyer, by any means of communication (electronic, telephone, etc.) or obtained by accessing, visiting and/or viewing can constitute a contractual obligation of Electroglobal and/or of the employee/representative of Electroglobal who mediated the transfer of the Content, if such exists, with respect to such Content.
3.6. Any use of the Content for purposes other than those expressly permitted by this Document or the usage agreement accompanying it, if such agreement exists, is prohibited.
4. ORDER
4.1. The Client/Buyer may submit Orders using the contact details mentioned on the Site, by specifying the desired Goods and/or Services. Submitting an Order does not imply its registration, nor the automatic reservation of the Good/Service.
4.2. By submitting the Order, the Buyer agrees with the form of communication (e-mail or telephone) through which the Seller carries out its commercial operations.
4.3. In the case of customized goods or goods made according to the Client’s specifications, the specific terms and conditions established by Electroglobal at the time of finalizing the Order shall apply.
5. PRICES AND PAYMENTS
5.1. The prices of the goods and services displayed on the Site are expressed in RON and include VAT. Electroglobal reserves the right to modify the prices displayed on the Site without prior notice.
5.2. The accepted payment methods are specified on the Site. The Buyer may choose the payment method at the time of finalizing the Order.
5.3. In case of payment delays, the Seller reserves the right to suspend delivery of the goods and services until full payment of the amounts due.
6. DELIVERY AND RISKS
6.1. The Seller undertakes to deliver the goods and services in accordance with the terms specified in the Order and/or subsequent agreements.
6.2. The risk concerning the goods is transferred from the Seller to the Buyer at the moment of delivery. The Buyer is responsible for checking the goods upon receipt and reporting any nonconformities.
7. WARRANTIES AND RETURNS
7.1. The goods and services provided by the Seller are covered by warranties in accordance with the applicable legislation and/or Electroglobal’s internal policies.
7.2. The return policy of the goods is available on the Site and applies in accordance with applicable legislation and the terms set by the Seller.
8. LIMITATION OF LIABILITY
8.1. The Seller is not responsible for direct or indirect damages resulting from the use of the Site or the purchased goods and services.
8.2. If the Seller cannot fulfill the Order for reasons beyond its control, it will inform the Buyer and refund any amounts already paid, if applicable.
9. FORCE MAJEURE
9.1. Neither party shall be liable for the failure to perform its obligations if this is caused by force majeure, according to applicable law.
10. GOVERNING LAW
10.1. These Terms and Conditions are governed by Romanian law. Any dispute arising from their interpretation or execution shall be settled by the competent courts of Romania.
11. AMENDMENT OF TERMS AND CONDITIONS
11.1. Electroglobal reserves the right to amend these Terms and Conditions. The amendments will be published on the Site and shall apply from the date of publication.
12. CONTACT
12.1. For any questions or clarifications regarding these Terms and Conditions, Buyers may contact Electroglobal through the contact details displayed on the Site.