TERMS AND CONDITIONS
- General provisions
1.1 The online store available at the internet address www.cesiro.com(“cesiro.com”) is owned and managed by MARIUS CODE WNK SRL, a legal entity under Romanian law, with headquarters in Alba Iulia, str. Olteniei, no. 17, Alba county, Romania, e-mail: firstname.lastname@example.org, registered in the Alba Trade Register under no. J01/690/2017, Unique Registration Code 37707133.
1.2 The use of cesiro.com requires the IT systems used by the Customer to meet certain technical requirements.
1.3 The Cesiro.com Terms and Conditions are addressed to Users, Consumer Customers and Non-consumer Customers who use Cesiro.com or conclude Distance Contracts.
1.4 The information presented on Cesiro.com regarding the Products constitutes only the invitation to conclude the Sales Contract within the meaning of art. 2 point 7 of the Government Emergency Ordinance no. 34/2014 regarding the rights of consumers in contracts concluded with professionals, as well as for the modification and completion of some normative acts.
1.5 Acceptance of the Cesiro.com Terms and Conditions is voluntary, but necessary for the creation of the Account and/or for the purpose of placing the order by the Customer or User, representing a formality preceding the conclusion of the Distance Contract.
1.6 Browsing within Cesiro.com, followed by the Order, is equivalent to the reading, understanding and express acceptance by any Customer or User of the Cesiro.com Terms and Conditions.
1.7 “THE COMPANY” reserves the right to change and update, at any time, the content of the cesiro.com platform, as well as the Terms and Conditions of Use, without any prior notification. In case of divergence or misunderstandings between the Company and the Client/User, the Terms and Conditions valid at the time of placing the Order by the Client/User will apply.
1.8 The cesiro.com Terms and Conditions consider the purchase of Products through the www.cesiro.com platform.
1.9 The products are delivered by the Company in usual quantities for domestic consumption. The “COMPANY” reserves the right to set the maximum quantity of Products that it can supply to the Client and/or User.
1.10 All information used to describe the Products available in the cesiro.com online store (i.e. static/dynamic images/multimedia presentations, etc.) do not represent a contractual obligation on the part of the Seller, they are used within cesiro.com exclusively for the purpose of presentation.
1.11 If the payment of the Product Price is made online, the Company is not/cannot be held responsible for any other additional costs incurred by the Customer/User, including but not limited to currency conversion fees applied by the card issuing bank bank account of the Client/User, if the issuing currency is not in RON.
1.12 The Seller may assign and/or subcontract to a third party services related to the fulfillment of the Order, with the information of the Client/User, without his consent being necessary. In all cases, “COMPANY” will be liable to the Client/User for all contractual obligations assumed within the Distance Contract.
1.13 The Customer/User can interact with the Seller by phone or via the email address email@example.com.
1.14 If the www.cesiro.com platform is affected by an unusually high volume of traffic, the Company reserves the right to request the Clients/Users to manually enter captcha validation codes, in order to protect the information within cesiro.com.
1.15 Creating multiple Accounts, using automatically generated addresses that expire after a predefined period, in order to benefit from promotions or offers, or any fraudulent behavior to the extent of affecting the smooth running of Promotional Campaigns (i.e. placing Orders in a substantial amount , for the purpose of accumulating some loyalty points, but which are later cancelled) is prohibited and will be considered an attempted fraud. “COMPANY” reserves the right to suspend the Accounts thus created and to withdraw the benefits related to Promotional Campaigns or ongoing offers, to cancel the Account without notice, notification, other formalities or compensation.
1.16 Any attempted fraud or any fraud (such as, but not limited to accessing the data of cesiro.com Clients and/or Users, altering the content of the www.cesiro.com platform, attempting to affect the performance of the servers serving the www.cesiro.com platform. cesiro.com, diversion of the contents of the Product deliveries to third parties, etc.) will be punished according to the legal provisions in force.
1.17 The way of presenting the offers on the Site consists in displaying the Products according to the price offered and the discounts applied, depending on the quantity ordered.
1.18 The criteria used for the presentation of the Products
- – When accessing a category or subcategory of Products, they are displayed in descending order according to the criterion of the best-selling Product (“Bestseller”). Here we mention that the user has the possibility to select the criteria in which the Products will be presented on the Site, respectively: Popularity, Evaluation, Price: low to high, Price: high to low, Name A to Z, Name Z to A.
- – The display of the search results for a Product is displayed according to the relevance of the entered text, among the criteria considered to establish the level of relevance are those determined by the frequency of use of the respective word on the Site, the correlation of the words entered in the search for the Product and those used for the name and description of the Product on the Site, the number of searches in which that word was used. We mention that these criteria are subject to permanent evaluation by the cesiro.com team, therefore there is a risk that these criteria may be replaced during promotional campaigns or on the occasion of other similar commercial events.
1.19 The method of presenting Reviews and Ratings
- – The reviews represent a written evaluation by the owner of a Product purchased from the Site, the “COMPANY” guaranteeing in this way that the respective Review is sent by a customer who purchased the respective Product. The review placed will include the description of his own experience, through the lens of his ability to make qualitative comments and to say whether or not the Product complies with the specifications mentioned in the Product description page, the information entered can be both positive and negative, and will refer to the characteristics and how to use the respective Product. When registering a Review on the Site, the User can grant the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited license and give the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.
– In the case of each Review, the User undertakes to comply with the following rules:
- refer only to the characteristics and/or the way of using the Product or information related to the way the Order is carried out;
- use appropriate, non-offensive language, without terms that may offend or affect any other User or Site Visitor;
- to ensure that the information entered is realistic, correct, non-deceptive and in accordance with applicable laws, thus respecting the rights of other parties, copyright, trademark, license or other proprietary, publicity or privacy rights;
- to use this facility only to communicate or obtain additional details about a certain product 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 the delivery or home address, telephone numbers, email addresses, name and/or surname, etc.) or any other information that may lead to the disclosure of this personal data;
- not to enter 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 made available by the “COMPANY” or to enter Reviews that contain advertising materials;
- not to use the Reviews as a means of communication with the cesiro.com team, in this sense the contact data entered on the Site will be used.
– When a Review is flagged by a User or Buyer as having inappropriate content, this content is carefully reviewed by the “COMPANY” to determine if it violates the Site Terms and Conditions. The texts, photos or videos entered are removed from the Site only after their examination by the “COMPANY”.
The definitions below shall apply to the following terms when used herein, unless the context otherwise requires:
- Promotional Campaigns
The particular conditions of sale of the Products displayed within cesiro.com, regulated by related regulations, in compliance with Incidental Legislation (i.e. reduction of the Price or delivery costs, within the limits of available stocks, etc.);
- Technical Requirements
Minimum technical requirements that must be met to use cesiro.com, namely a computer, laptop or other multimedia device with Internet access.
Any natural person who is at least 18 years old or legal person who visits cesiro.com and/or places an Order;
An electronic document that acts as a form of communication between the Seller and the Customer, through which the Customer expresses his intention to conclude a Distance Contract, using the means of distance communication, specifying at the same time the Products he offers to purchase from the Seller and providing him with the necessary data for the conclusion and execution of the Distance Contract;
- Commercial Communications
The “newsletter” electronic service that allows Customers to receive periodic information from the Seller, especially about Promotional Campaigns and Products offered for sale within cesiro.com, to the email address or phone number that the Customer provided in the Account creation process;
The electronic service made available to the Customer by cesiro.com, identified by email address (Login) and Password, entered by the Customer, resources collected by the Seller’s IT system and which allows the Customer to use additional functionalities/services (i.e. view orders, invoices fiscal, etc.);
- Distance contract
Sale-purchase contract concluded at a distance, without the simultaneous physical presence of the Seller and the Customer, materialized in the order confirmed and accepted by the Seller, by email and through which the Seller agrees to sell and deliver the Products, and the Customer is agreement to purchase, receive and pay for these Products, in accordance with the principles established by the cesiro.com Terms and Conditions;
Text, graphics or multimedia elements such as, but not limited to, information about the Products and including images and descriptions thereof, promotional videos, if applicable, descriptions and images of people, scripts, software, trademarks , which are posted and distributed within cesiro.com by the Seller, being the property of the Seller or its suppliers;
- Shopping Cart
The service that the Seller offers to each Customer of cesiro.com and which allows the placing of the Order for one or more Products, the introduction of discount codes that facilitate the reduction of the Price under the conditions of certain Promotional Campaigns, the visualization of the Price of each Product separately and of all Products together, of the possible costs related to the delivery of the Products and the estimated date of their delivery. The Shopping Cart collects the offers submitted by the Customer or User for the conclusion of the Distance Contract. By means of an Order, the Customer can add more Products to the Shopping Cart in order to conclude the Distance Contract;
Any person under public or private law that provides express courier services;
The online store which consists of the electronic commerce platform www.cesiro.com and which allows the placing of Orders by the Customer, as well as the provision of services made available by the Seller. Cesiro.com. is owned, operated and managed by the Seller, being made up of a set of linked internet pages, which can be accessed both through a web browser.
Section of the Account that allows the Customer to create Lists of Products that he wants to monitor for a possible purchase;
- Incidental Legislation
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on data protection); Directive (680/2016) on data protection in the area of police and justice, adopted on 5 May 2016, applicable as of 6 May 2018; Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Directive 93/13/EEC of the Council and Directive 1999/44/EC of the European Parliament and of the Council and repealing the Directive 85/577/EEC of the Council and Directive 97/7/EC of the European Parliament and of the Council Text with relevance for the EEA
The Favorites section where the Customer can add Products that he wants to follow for a potential purchase and that he can later delete or add to the Shopping Cart;
The Customer’s e-mail address and password provided within cesiro.com during the Account creation process;
An alphanumeric string required to authorize access to the Account, which is established by the Customer during the Account creation process.
The amount of money that the Seller receives in exchange for providing the Customer with the ordered Product, in accordance with the terms and conditions of the Distance Contract. The price consists of the value of the Product, to which are added, as the case may be, the related transport and/or collection costs. The related transport and/or collection costs are detailed on www.cesiro.com, before the Customer places the Order.
The movable asset listed on cesiro.com, mentioned in the Order and which is the object of the Distance Contract, to be provided by the Seller to the Customer, in exchange for payment of the Price;
Mode of expression by the Customer of his degree of satisfaction in relation to a certain Product, each of which can receive a score from one star to five stars;
- Terms and Conditions of cesiro.com
This document, which defines the terms for concluding Distance Contracts through Cesiro.com, establishes the rights and obligations of the Seller and the Client, in accordance with the provisions of the Incidental Legislation;
The operation of collection or reimbursement to the Customer of the amount resulting from the sale of a Product by cesiro.com, by using the services of the card processor approved by the Seller or by bank transfer by payment order, regardless of the delivery method chosen by the Customer.
Any natural person over the age of 18 or legal person who visits cesiro.com and/or places an Order, without having created a Customer Account;
- Labor Day
One of the days from Monday to Friday inclusive, with the exception of public holidays, declared days off.
- DELIVERY TERMS AND STOCKS
The products listed on www.cesiro.com, sold by “COMPANY” through the SITE, will contain all the necessary information regarding the stock in real time as well as the estimated delivery time for each location in Romania, in the case of an order placed at the time display of the offer, these products being delivered only by the couriers contracted by the “COMPANY”, and any responsibility regarding the delivery of the ordered products will be placed on the merchant.
The products listed on www.cesiro.com can be paid for by the following payment methods: online card, bank transfer and cash on delivery. For the ordered products, you will receive the tax invoices related to the payments and the ordered products. If you opt for the cash on delivery payment, you will pay each invoice separately when the respective products are delivered to you, and the payment will be made to the delivery courier.
- RETRAGERE DIN CONTRACTUL INCHEIAT LA DISTANȚĂ (RETURNAREA)
The right of withdrawal from a contract concluded at a distance is guaranteed by Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Directive 93/13/EEC of the Council and Directive 1999/44/ EC of the European Parliament and of the Council and repealing Directive 85/577/EEC of the Council and Directive 97/7/EC of the European Parliament and of the Council Text with relevance for the EEA, whereby the buyer has the right to withdraw from the contract in 14 calendar days. This exte guaranty and cannot be subtracted during the period mentioned above.
Exercising the right to withdraw from the contract is done by notifying the Seller, within 14 calendar days, through the means indicated by him in the Contact section.
In case of withdrawal, the Seller has the obligation to reimburse the amounts that are the subject of the contract from which the withdrawal was requested in the period indicated by Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights, amending Directive 93/13 /EEC of the Council and Directive 1999/44/EC of the European Parliament and of the Council and repealing Directive 85/577/EEC of the Council and Directive 97/7/EC of the European Parliament and of the Council Text with relevance for the EEA. The seller will return the amounts related to the return, by bank transfer, within a maximum of 14 calendar days, from the physical reception of the return. The receipt can be tracked through the parcel tracking platforms of the courier companies contracted by the Seller. Except for the cases in which the parcels are lost by the courier company, in which case the period for refunding the consideration to the customer is calculated from the date the Seller becomes aware of this aspect.
In case of withdrawal from the contract, within the 14 days indicated, for reasons related to the Seller, the latter will bear the cost of returning the products. These reasons are:
– Damaged products.
– Visible manufacturing defects.
– If the characteristics of the products do not correspond to the descriptions.
– If products other than those ordered were delivered.
In case of withdrawal from the contract, for reasons beyond the Seller’s control, the customer will bear the cost of returning the products. Some examples would be:
– Ordering the wrong products
– The shades are not the desired ones
– Considering products, larger or smaller, without prior consultation of the characteristics.
– The product does not meet expectations
– Other reasons
- ELECTRONIC SERVICES AND FUNCTIONALITIES MADE AVAILABLE TO THE CLIENT AND/OR USER BY THE SELLER WITHIN CESIRO.COM. COMMERCIAL COMMUNICATIONS
5.1 ELECTRONIC SERVICES AND FUNCTIONALITIES MADE AVAILABLE TO THE CLIENT AND/OR USER BY THE SELLER WITHIN CESIRO.COM
- Within cesiro.com, the Seller provides the following electronic services and functionalities to the Client and/or User:
- creating the Account;
- use of the Shopping Cart;
- placing Orders, as well as concluding Distance Contracts, under the conditions regulated by the cesiro.com Terms and Conditions;
- viewing the Content displayed within cesiro.com;
- the transmission of Commercial Communications, based on the prior consent expressed by the Client;
- creating Lists, interacting with the Favorites section and using the Rating facility;
- The Seller, additionally for Customers who already have an Account, offers free storage and making available to them through the Account the history of Orders, the tax invoices related to the purchased Products, the possibility of updating the contact, delivery and payment data, as the case may be, etc.
- The use of the Account is possible after the completion of the following steps by the Customer:
- completing the registration form, understanding and accepting the provisions of the cesiro.com Terms and Conditions;
- pressing the “Create account” button or logging in through the Customer’s Facebook or Google account.
- The Shopping Cart is offered free of charge, has a singular character and ends when the Order is placed through it or when the Customer/User does not complete the Order through it, and the Shopping Cart saves the information selected by the Customer and after the end of the browser session, including logging out, but not reserving the Products.
- The Client and/or the User have the following obligations regarding the use of the electronic services and functionalities made available by the Seller within cesiro.com or through the Application:
- to provide truthful data when placing an Order or in the registration forms when creating the Account;
- to update the data they provided to the Seller at the time of placing the Order and concluding the Distance Contract, especially for the correct use of the electronic services and functionalities offered by cesiro.com. The Customer/User has the possibility to change at any time the data entered during the creation of the Account or the placing of the Order, using all the options available in the section of the Account or placing the Order;
- to use the electronic services and functionalities made available by the Seller so as not to interfere with the operation of the www.cesiro.com platform;
- to use the services and functionalities made available by the Seller in accordance with the legislation in force and with the Terms and Conditions of cesiro.com;
- to pay on time the Price and other costs associated with the delivery of the Products, as the case may be;
- to receive the Products ordered on time by using the delivery method and cash on delivery payment;
- not to carry out IT activities or any other activities aimed at obtaining information that is not intended for the Client and/or User, including data of other Clients or that interferes with the principles or technical aspects of the functioning of cesiro.com and making the payment of the Price Products, or the unauthorized modification of the Content provided by the Seller, especially those provided within cesiro.com, regarding the Prices or the description of the Products;
- Complaints related to the provision of electronic services within cesiro.com can be submitted in electronic format via e-mail to the address: firstname.lastname@example.org.
- It is recommended that the Customer/User specify the following aspects in the claim/complaint:
- the nature and circumstances related to the subject of the complaint, in particular, the type of irregularity and the date when it occurred;
- the request of the Client or the User;
- the applicant’s contact details.
- The requirements listed above are only a model and do not influence the effectiveness of submitted complaints if the recommended model is omitted, but this information can facilitate the speedy examination of the complaint by the Seller.
- The Seller can resolve the complaint immediately, but no later than 30 calendar days from the date of confirmation of receipt of the complaint made by the Customer/User.
- COMMERCIAL COMMUNICATIONS\
The Customer can at any time change his option regarding the agreement given to the Seller for Commercial Communications containing general and thematic information regarding the Products offered within cesiro.com, including regarding offers or promotions, as follows:
The messages received by the Customer/User from the Seller, via SMS or e-mail, regarding the status of the relationship between the Seller and the Customer/User (i.e. account creation confirmation, Order placement confirmation, delivery notification) are not considered Commercial Communications, within the meaning of the Incidents Legislation Products, communication security incidents, etc.).
- PERSONAL DATA PROCESSING
“COMPANY” collects and processes personal data within the www.cesiro.com platform according to the Policy on the Processing of Personal Data in cesiro.com.
Consent for receiving Commercial Communications is expressed by the Client and/or User according to the Policy on the Processing of Personal Data, available on www.cesiro.com. Details regarding the processing of data for the purpose of sending Commercial Communications regarding the Products, including the conditions for unsubscribing, can be found in the Policy on the Processing of Personal Data at cesiro.com.
- REGISTRATION OF A CUSTOMER ACCOUNT. PLACING THE ORDER. CONCLUSION OF THE DISTANCE CONTRACT
8.1. Registering a Customer Account
To create an account on the www.cesiro.com platform, the potential customer is obliged to use a valid e-mail address and follow the steps described in the Account creation page, available at www.cesiro.com.
Account registration requires repeating the Password twice to detect and correct typos.
The Client gains access to the Account with the help of the Login and Password, as well as by connecting through his Facebook or Google account. The customer logs into his Account after registering in cesiro.com. The account allows the storage of information related to the address provided by the Customer for the Products ordered, the status and history of the Orders, the tax invoices issued by the Seller, as well as accessing other services provided by the Company.
The Customer is obliged to keep the Password in full confidentiality, not to disclose it to third parties and understands that if he entrusts the Account Password to someone, that person will have access to his personal data, and the “COMPANY” will thus be exempted from any liability that would derives from an unauthorized use of the Account.
The Seller allows the Customer to change his Password at any time.
“COMPANY” can refuse the request for registration of an Account in situations where the Technical Department of the Company finds that information inconsistent with reality was used in the process of creating the Account.
The Customer has the possibility, at any time and without reason, to delete the Account (cancellation of the Account), either directly from the Account or by sending a request to the address email@example.com.
Account creation is not necessary to place an Order within cesiro.com, this can also be done by a User.
8.2. Placing the Order
8.2.1 General aspects
The Seller offers the possibility of placing the Order for Products in the following way: by accessing the www.cesiro.com platform;
The products purchased through cesiro.com are intended exclusively for the personal use of the Client and/or User.
Cesiro.com cannot be held responsible for information entered erroneously by the Customer and/or User, which may result in delays or impossibility of delivery. At the same time, in this case, the “COMPANY” cannot be held responsible for any possible damage suffered by the Customer and/or User as a result of the delay in the delivery of the Order.
Cesiro.com may refuse an Order, subject to prior notification to the Customer and/or User, without any obligations between the parties and without the possibility for the Customer and/or User to claim damages, in any of the following situations:
– failure / invalidation of the Transaction;
– non-acceptance by the issuing bank of the Client/User’s card of the Transaction, carried out by bank transfer;
– incomplete or incorrect data provided by the Client and/or User;
– the activity of the Client and/or the User may cause damage to the www.cesiro.com platform;
– there are reasonable suspicions that the respective Client/User places Orders exclusively in order to accumulate the benefits offered by cesiro.com (i.e. does not honor the Orders later, canceling them or not paying the Price of the Products);
– there are reasonable suspicions regarding a possible fraud on the part of the Customer or the User regarding the method of payment of the Price of the Products.
Even if he has taken all measures to ensure that the information presented on the www.cesiro.com platform is accurate and correct, the Seller cannot be held responsible for inaccuracies that may appear when the Customer and/or User fill in the forms on the www.cesiro platform .com to complete the Order. The Client and/or User are responsible for the correctness and completeness of the information they provide in the forms available on the www.cesiro.com platform.
In certain situations and for justified reasons, “COMPANY” reserves the right to change the quantity of Products in the Order. In these situations, the Clients/Users will be notified via e-mail, and MARIIUS CODE WNK will return the amount paid by the Client or User, if the counter value of the Products was previously paid by the Client or User.
In the event that a Product ordered by the Customer/User can no longer be delivered/supplied by the Seller, we undertake to inform the Customer/User of this fact, either by telephone or by email and in the event that the Customer/User has paid prior to this information the value of the Product, to return the value of the Product to the bank account indicated by the Customer, within a maximum of 14 days from the date on which the Company became aware of this fact or from the date on which the Customer/User expressed his express intention to withdraw from the Distance Contract.
The Seller reserves the right to establish a minimum value threshold of the Order, for which the delivery of the Product/Products is free.
“COMPANY” reserves the right to cancel Orders for Products that are displayed on cesiro.com as a result of technical errors or that, due to technical errors, present obviously erroneous/derisory prices for the Products.
Cesiro.com will notify the Client/User by email regarding the status of the Order (i.e. initiating and picking up the Order, sending and picking up the parcel, etc.).
Due to the very short processing time of Orders, it is impossible to make changes to Orders already placed. The cancellation of the Order can be done within a maximum of one hour from its placement.
By placing the Order, the Customer and/or User certifies that he has reached the age of 18.
8.2.2. Placing the Order
- a) The availability of a Product will be displayed on cesiro.com as follows:
“in stock” – the cesiro.com stock includes more than one piece of the respective Product;
“out of stock” – The product is no longer available in the cesiro.com stock;
- b) Within cesiro.com , the Customer/User places the Order in the following way:
- c) The Customer adds the selected Product/Products to the Shopping Cart and then goes to the Order form;
- d) The Customer confirms in the Order form the compliance of the data necessary to conclude and execute the object of the Distance Contract. The user must complete the individual Order form with his data, necessary for the conclusion and execution of the object of the Distance Contract. In every situation, the transmission by the Client/User of some non-updated/incorrect data may lead to the impossibility of realizing the object of the Distance Contract. In the Order form it is necessary to specify the following data of the Client/User: name and surname, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number, as well as and the data related to the Distance Contract, respectively the Product/Products, the quantity of the Product/Products, in case of availability, the model, color and size of the Product, the place and method of delivery of the Product/Products, the chosen payment method. In the case of non-consumer Customers, it is also necessary to provide the complete data of the legal entity (i.e. registration number in the Trade Register, unique registration code, registered office address);
- e) The Customer/User chooses one of the delivery methods made available by the Seller, as well as the method of payment of the Price and any costs generated by the delivery of the Product/Products;
- f) The Customer sends the Seller the Order, submitting the offer to purchase the Product, through the functionality made available by cesiro.com for this purpose (i.e. the “Place Order” button). When placing the Order by the Client/User, acceptance of the cesiro.com Terms and Conditions is required;
- g) While placing the Order, until pressing the “Place Order” button, the Customer/User has the opportunity to review the Shopping Cart, in the sense of adding/removing Products or changing their quantity, changing the billing and delivery addresses , as well as the method of delivery and payment
- h) Depending on the payment method chosen, the Client/User may be redirected to a page of an external provider, which provides payment services for the purpose of paying the Price.
- i) The Seller, in response to the Order placed by the Customer/User, will send the Customer/User an automatic message to the e-mail address provided by the Customer/User, through which he will confirm the receipt of the Order and the start of the Product availability check. If the payment for the ordered Product/Products was made online, the automatic message will be sent to the Customer/User only after cesiro.com has received from the payment processor confirmation of the Transaction.
- j) In the event that the Seller, due to the lack of availability of the Product, ascertained as a result of the verification of the Order placed by the Customer/User, cannot honor it with regard to the Product ordered/all the Products ordered, the Customer/User has the right to cancel the entire Order (in respect of all offers). Cancellation of the Order by the Customer/User releases the Seller from the obligation to fulfill it;
- k) The Order receives a number and all purchase offers regarding the Products listed in the Order will be processed in parallel.
- l) By completing the Order, the Customer/User expressly declares that he agrees that a cesiro.com representative will contact him by any available means (i.e. e-mail/telephone) to confirm the Order.
8.2.3 Conclusion of the Distance Contract
- a) The Distance Contract is considered to be concluded when the Seller confirms by email the placing of the Order by the Customer/User and the availability of the Product/Products, by accepting his offer regarding the purchase of the Product/Products mentioned in the Order.
- b) The Distance Contract names in particular the Product, its main characteristics, the Price, shipping costs and other relevant conditions, its content being supplemented with the cesiro.com Terms and Conditions.
- c) The Seller strives to ensure the availability of all Products and to realize the object of the Distance Contract. If the delivery of the Products is not possible for reasons independent of cesiro.com, the Client/User has the right to the resolution of the Distance Contract and the return of all amounts paid, as the case may be. The Client/User cannot request the payment of moral damages.
- PAYMENT METHODS AND TERMS FOR PRODUCTS PURCHASED WITHIN CESIRO.COM billing
9.1. Methods and Terms of Payment for Products Purchased within cesiro.com
The Seller makes available to the Customer/User, in principle, the following payment methods:
9.1.1 General provisions
– cash, in a cash-on-delivery system, the Price being paid directly to the Courier upon receipt of the package related to the Order placed by the Customer/User; In the case of orders registered with the cash payment method in the cash on delivery system, a unique order processing cost of 3 Lei is added, a cost that will be highlighted separately in the shopping basket and on the tax invoice. The processing cost of the orders registered with the cash payment method in the cash on delivery system is independent of the cost associated with the delivery of the products, which takes into account the final value of the order, not being taken into account.
– payment with payment cards through authorized services within cesiro.com.
- a) Current payment methods are specified within cesiro.com in the Shopping Cart, section “Payment Details”
- b) If the Customer/User chooses to pay cash on delivery upon receiving/picking up the package, he is obliged to make the payment upon receiving/picking up the package, otherwise it will not be delivered by the Courier/employee of the Company from the Pick Up Point. The refusal to receive the package leads to the resolution of the Distance Contract and relieves the Seller from the obligation of a new delivery of the respective Product.
- c) The Customer/User’s payment card data will not be accessible to cesiro.com nor will it be stored by the Company or by the payment processor integrated in the www.cesiro.com platform, but only by the Transaction authorization institution or by another entity authorized to provide data storage services for the identification of the card used by the Client/User to complete the Transaction, about whose identity the Client/User will be informed, prior to entering the data.
- d) Within cesiro.com, the entity authorized to provide payment processing services is Stripe Inc., a company incorporated and operating under Irish law, with its registered office located in Dublin, Ireland.
- e) For security reasons of Transactions, the Client/User is advised not to stay logged in on www.cesiro.com and not to set the automatic login option on mobile devices. Disclosing the password to the Account is not allowed and it is recommended to use a password with a strong security character (eg: to contain at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).
- a) The price, payment method and payment term are specified in the Order. The Seller will issue to the Customer a tax invoice for the Products delivered according to the Order, the obligation of the Customer/User being to correctly and completely specify all the information necessary for the Seller to issue the tax invoice, in accordance with the legislation in force.
- b) By sending the Order, the Client/User expresses his agreement to receive the tax invoices in electronic format, by adding them to the Client’s Account by cesiro.com or via electronic mail, to the e-mail address mentioned by the Client/User.
- c) Tax invoices issued by the Seller for the Products related to some Orders that will be delivered by courier will be sent to the Customer/User by email. Invoices related to the Product/Products that have not been picked up by the Customer/User will be canceled by the Seller at the time when the Product/Products will be returned by the Courier.
- METHODS AND COSTS OF TRANSPORT. DELIVERY TERMS AND CONDITIONS.
10.1. Transport Methods and Costs
10.1.1. Methods of Transport
– Delivery of the Products is available throughout the country.
– The Seller offers the Customer/User the following delivery methods of the Product/Products:
- shipping by courier,
- shipping by courier with cash on delivery;
– The Products can be delivered via the Courier, to the address specified by the Customer/User in the Order.
10.2. Terms and Conditions of Delivery. Reception of Products
10.2.1 Delivery Terms
- a) The total waiting time for the delivery of the Product to the Customer/User (delivery date) consists of the time of preparation of the Order for shipment by the Seller and the time of delivery of the Product by the Courier.
- b) The estimated delivery date may vary depending on the Product and/or delivery method chosen and is communicated in the order registration email.
- c) For all categories of Products, the maximum delivery term is 30 calendar days from the date of conclusion of the Distance Contract.
- d) Considering the large number of Orders that can be registered during the Promotional Campaigns carried out by the Seller, there is a possibility that the delivery term of the Products estimated on www.cesiro.com at the time of viewing the Product/placing the Order may undergo changes. The company will undertake all necessary actions to deliver the ordered Products within 30 calendar days from the conclusion of the Distance Contract.
- e) If the Products were not delivered within the indicated term, the Customer/User may request delivery within an additional period of 5 Working Days. If the Products are not delivered even within the additional term, the Customer/User may request the resolution of the Distance Contract.
- f) If the Products are unavailable (including if the Price or some characteristics of the Products have undergone changes, after the Company has confirmed the Order, the Seller will inform the Customer/User about the unavailability, and the amounts he has paid will be reimbursed to the Client/User within 14 calendar days from the date of the respective notification, if the Client/User has paid them in advance. and “COMPANY” will deliver the Products according to the Order thus modified by the Client/User.
10.2.2. Terms of delivery
– The Customer/User will be contacted by phone by the Courier in advance to obtain confirmation of his presence at the address chosen for the delivery of the Order.
– The Customer/User undertakes to be present at the indicated delivery address, in the time interval in which the Courier informs him that he is delivering the Order, otherwise he will bear the transport fee related to a possible new delivery. The time interval in which the Order is delivered can only be changed with the Courier’s consent.
– If the Customer/User is unable to receive the Order in person, the Order will be left at the specified address only to a person over the age of 18 and only in the case of prior communication to the Courier of the Order number.
– No order delivery request will be honored if the Customer/User does not meet the above conditions.
– In the case of delivery to the Customer/User’s workplace, if the Courier cannot have access to the premises of the respective building, the Customer/User must ensure that he can receive the Order.
– The delivery is considered to be fulfilled by the “COMPANY” at the time of handing over the Ordered Products to the Client/User.
10.3. Complaints about Products
- a) The images of the Products from cesiro.com are only illustrative and do not constitute a mandatory presentation of the Product’s property (i.e. the packaging may differ, depending on the changes made).
- b) The Seller is obliged to deliver to the Customer/User Products without defects and which are in accordance with the Distance Contract.
- c) It is considered that the products are in accordance with the Distance Contract, if:
– Corresponds to the description made by the Seller in cesiro.com;
– Correspond to the purposes for which products of the same type are normally used.
- d) Presents the normal quality and performance parameters, which the Client/User can reasonably expect, given the nature of the Product, the Product’s statements regarding its concrete characteristics made through advertising or by inscription on the Product’s label.
- e) If the Products present a defect upon delivery, the parties to the Distance Contract may agree on a compensation that the Seller should grant to the Customer/User, or on their replacement.
- f) The complaint can be submitted by the Client/User by email to the address firstname.lastname@example.org. In order to facilitate a better understanding of the problems that the Client/User raises regarding the Product and out of the desire to resolve his complaint quickly, the Company recommends the Client/User to mention in the complaint information regarding (i) the circumstances that make the object of the complaint, more precisely the type of defect in the Product and the date of its discovery; (ii) the method chosen to bring the Product into compliance with the Distance Contract or the declaration regarding the reduction of the Price or the waiver of the Distance Contract, as well as (iii) the petitioner’s contact details.
- g) If the Product sold has a defect, the Customer/User has the right to request the replacement of the Product with a defect-free one, in the form of product replacement. If replacing the Product or eliminating its defect is impossible for the Seller, the Customer/User may request a reduction in the Product Price or, if the defect is substantial, may withdraw from the Distance Contract.
- h) To the extent that the complaint made by the Customer/User is justified, the Seller has the following obligations:
– if the replacement of the Product is possible, to replace the defective Product with one without defects, without creating unjustified inconvenience for the Customer/User, in accordance with the provisions of the Incident Legislation and at his expense. The replacement will be made within a reasonable period of time established by mutual agreement between the Seller and the Customer/User;
– if the replacement of the Product is not possible, to refund the Customer/User the Price, partially or fully, depending on the Customer/User’s request, within 14 calendar days from the date on which the Seller is notified of this by the Customer/User. In order to reimburse the Price and complete the Transaction, the Company will return the respective amount to the bank account in lei, provided by the Client/User, with the exception of Revolut cards.
- i) The Seller will respond to the Customer/User’s complaint request, no later than 10 Working Days from the date of its receipt. The Company will inform the Client/User about the progress of the complaint, especially about its receipt, acceptance or rejection, by email/telephone.
- j) The duration of the complaint settlement, including the elimination of the Product’s defects, usually lasts up to 30 calendar days, but it is necessary for the Customer/User to provide the necessary assistance in order to meet the respective deadline
- INTELLECTUAL PROPERTY
- a) The exclusive rights to the Content made available/displayed through cesiro.com by the Seller or its contractors, in particular the copyright, the name and logo of cesiro.com (trademark), its graphic elements, as well as the rights to the bases data are subject to legal protection and are the property of the Seller or its suppliers/contractual partners. The Client/User has the right to use the above Content, but only for personal use and exclusively for the correct use of cesiro.com.
- b) “COMPANY” can offer the Client/User, at his express request, through an agreement, the right to use, in a described form, certain content of the www.cesiro.com platform. This agreement applies strictly to the Content/Contents defined, for a period established in the agreement and only to the person/persons who have been allowed to use these Contents, without being able to use other Contents of the www.cesiro.com platform.
- a) “COMPANY” does not guarantee that the www.cesiro.com platform, the servers on which it is hosted or the e-mails sent by cesiro.com are free of viruses or other potentially harmful computer components, that they do not contain errors, omissions, defects, delays or interruptions in operation or transmission, line drops or any other factors of similar disruptive effect. The Client/User uses the www.cesiro.com platform at his own risk, the Company being exempt from any liability for any direct or indirect damages caused by the use or access/visit of cesiro.com or as a result of the use of information on the www.cesiro.com platform . “COMPANY” is not responsible for errors or omissions that may occur in the drafting or presentation of materials on the website.
- b) Any links to other sites are provided only for the purpose of increased accessibility of information, and cesiro.com does not assume any responsibility or liability for the content of these sites, for the products or services promoted or sold through these sites.
- c) The “COMPANY” is not responsible for any loss, costs, lawsuits, claims, expenses or other liabilities, if these are directly caused by non-compliance with the Terms and Conditions of cesiro.com.
- d) The company is not responsible for damages caused as a result of the non-functioning of the www.cesiro.com platform, as well as for those resulting from the impossibility of accessing certain links published on the www.cesiro.com platform.
- e) In each case regarding the establishment of the liability of the Seller, its employees, authorized representatives and/or plenipotentiaries, the liability towards the Consumer, regardless of its legal basis, is limited to the value of the Distance Contract Price.
- FORCE MAJEURE
- a) None of the parties to the Distance Contract is responsible for the non-execution on time – in whole or in part – of any obligation falling under the Distance Contract, if the non-execution of the respective obligation was caused by force majeure. For the purposes of this article, force majeure represents an event independent of the will of the parties, unpredictable and insurmountable, which is not due to their intention or fault, occurred after the entry into force of the Distance Contract and which prevents the contracting parties from executing, in whole or in part, their , the obligations assumed. Armed conflicts, social movements, fires, floods or any other natural calamities or restrictions arising as a result of a quarantine or an embargo are considered such events, the enumeration not having a limiting character, but an enunciative one. Labor disputes do not constitute force majeure. An event similar to the above which, without creating an impossibility of execution, makes the execution of the obligations of either party extremely expensive is not considered a case of force majeure.
- b) The party invoking the event of force majeure is obliged to notify the other party within 5 calendar days from the date of occurrence of the event and to provide the necessary evidence in this regard within this period. Also, the party that invoked force majeure is obliged to inform the other party about the termination of the case of force majeure. In the situation where the notification is not made, the party invoking the occurrence of the force majeure event will be liable for all the damages caused as a result of the omission of the notification regarding the occurrence/termination of the force majeure case.
- c) If, within 15 (fifteen) days from the date of its occurrence, the respective force majeure event does not cease, each party to the Distance Contract will have the right to notify the other party of the full termination of the Distance Contract, without any from the parties to be able to claim damages from the other.
- APPLICABLE LAW. RESOLUTION OF DISPUTES
14.1. Applicable law
The Distance Contract will be governed and interpreted in accordance with applicable law.
14.2. Dispute Resolution
- a) The parties to the Distance Contract will make every effort to amicably resolve any dispute arising from the conclusion and execution of the Distance Contract.
- b) If this is not possible, the dispute will be submitted for resolution to the competent courts, without thereby restricting the Consumer’s right to resort to the alternative dispute resolution method, by accessing the portals http://ec. europa.eu/consumers/odr/.
- FINAL PROVISIONS
15.1. General aspects
- a) The nullity of any clause of the cesiro.com Terms and Conditions, partial or complete, will not affect the validity of the other clauses or parts of clauses of the cesiro.com Terms and Conditions. The inoperative or unmentioned clause will be replaced by a corresponding clause that, to the legally acceptable extent, comes closest to what was intended or, following the conception and expression of the cesiro.com Terms and Conditions, what is intended is obtained after approval about the missing or inoperative clause.
- b) The provisions of the cesiro.com Terms and Conditions are supplemented with the provisions of Incidental Legislation.
- c) The Distance Contract is concluded in Romanian. Confirmation to the Client/User of the provisions of the concluded Distance Contract is done by sending an e-mail to the Client/User confirming the registration of the placed Order.
The content of the cesiro.com Terms and Conditions is available free of charge to Customers/Users at the URL address https://cesiro.com/termeni-si-conditii/.
17.2 Provisions for Legal Entities/Users
- a) This point from the cesiro.com Terms and Conditions and the provisions set out in this point refer only to Customers/Users who do not have the status of Consumer.
- b) The Seller has the right to terminate the Distance Contract concluded with a non-consumer Customer/User within 14 calendar days from the date of conclusion. The cancellation of the Distance Contract in this case can be done without presenting the reasons and does not give reasons for the Customer/User to have claims against the Seller.
- c) In the case of non-consumer Customers/Users, the Seller has the right to limit the available payment methods, including may request payment in advance, in full or in part, regardless of the payment method chosen by the Customer/User or the provisions of the Distance Contract .
- d) When the Seller hands over the Product to the Courier, the Customer/Non-consumer User assumes the benefits and responsibilities associated with the Product, as well as the risk of accidental loss or damage to the Product. The Seller in this case is not responsible for the loss, diminution or damage of the Product occurring from the time it is picked up for transport until it is handed over to the Customer/User or for delays due to transport.
- e) Neither the Seller nor its employees, authorized representatives and agents are liable to the Client/User, its subcontractors, employees, authorized representatives and/or agents for any kind of damages, direct or indirect, unless the damage to was intentionally provoked by him.
- f) In each case regarding the establishment of the liability of the Seller, its employees, authorized representatives and/or plenipotentiaries, the liability towards the non-consumer Customer/User, regardless of its legal basis, is limited to the value of the Distance Contract Price.
- g) All disputes arising between the Seller and the Client/non-consumer User will be submitted to a competent court.