1. DEFINITIONS AND TERMS
TermoExpress – is the trade name of S.C. TermoExpress Trading S.A., a Romanian legal entity, with registered office in Bucharest, Soseaua Virtutii no. 148, sector 6, with number J40/372/23.01.2002 in the Trade Register, unique tax registration code RO14399840.
Seller – TermoExpress or any partner from TermoExpress Marketplace.
Buyer – can be any natural person who is over 16 years of age or any legal person or legal entity who makes an Account on the Site and places an Order.
Customer – can be any natural person who is over 16 years of age or legal person who has or obtains access to the CONTINUUM, by any means of communication made available by TermoExpress (electronic, telephone, etc.) or based on a user agreement existing between TermoExpress and it and requiring the creation and use of an Account.
User – any natural person who is over 16 years of age or legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site-specific terms in the General Terms and Conditions section.
Nickname – a pseudonym by which a particular User/Customer/Customer can add Content to the Site. The nickname is associated with the User/Customer/Buyer’s information on the Site under the name “User Name”.
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit Orders and that contains information about the Customer/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods warranties, etc.). The User is responsible for ensuring that all information entered when creating the Account is correct, complete and up-to-date.
Favourites – section of the Account that allows the Buyer/User to create Lists of Goods and Services that he/she wishes to track for possible purchase using the service offered by the Seller to track Goods and Services by receiving Commercial Communications from the Seller.
List – the section in Favourites where the Buyer/User can add Goods or Services that he/she wishes to follow up for a possible purchase and which he/she can later delete or add to the shopping cart (“My Cart”).
The lists can be:
Public: any Customer/Buyer/User can view the Buyer’s/User’s List if they have shared it on social networks (Facebook, Twitter and Google+) or if they access the Buyer’s/User’s public profile 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/her 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/her Account, Favorites section.
My Cart – section of the Account that allows the Buyer/User to add Goods or Services that they wish to purchase at the time of adding or at a later time; if the Goods or Services are not purchased at the time of adding by placing the Order, the Buyer/User will benefit from the service offered by the Seller to track the Goods and Services by receiving Commercial Communications from the Seller.
Website – the online shop hosted at the web address TermoExpress.ro and its subdomains.
Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer by which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods and Services on the Site.
Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the Contract.
Campaign – the action of displaying for commercial purposes, a finite number of Goods and/or Services with a limited and predefined stock, for a limited period of time set by the Seller.
Contract – is 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 through the use of electronic equipment;
the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication;
any information communicated by any means whatsoever by an employee/collaborator of the Seller to the Buyer, according to contact information, whether or not specified by the Buyer;
information related to the Goods and/or Services and/or the rates charged by the Seller in a given period;
information related to the Goods and/or Services and/or the rates charged by a third party with which the Seller has entered into partnership agreements, in a given period;
data relating to the Seller, or other privileged data of the Seller.
Review – a written evaluation by the owner or recipient of a Good or Service, written on the basis of personal experience and his/her ability to make qualitative comments and say whether or not the Good or Service meets the specifications stated by the manufacturer.
Rating – a way of expressing the degree of satisfaction of a User/Customer/Shopper with a product. The rating is expressed in the form of stars, with each Good being rated from one star to five stars. This degree of satisfaction will always be associated with the review written by the User/Customer/Shopper on a Good or Service.
Comment – a critical assessment or observation on a Review or other comment.
Inquiry – form of address to other Users/Customers/Shoppers with the purpose of obtaining information about the Goods or Services on the respective page.
Response – written information that is sent to the User/Customer/Buyer who has asked a Question on the Site, on the page of a specific Good. The answer is an explanation given by a User/Customer/Customer to another User/Customer/Customer in a discussion.
Document – these Terms and Conditions.
Business Communications – any type of message sent (such as: email/SMS/phone/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 TermoExpress or TermoExpress Group, information on Goods and Services added in the “Account/My Account” or “Account/Favorites” section and other commercial communications such as market research and opinion polls.
TermoExpress Group – includes i) any company or entity in which TermoExpress Trading S.A. (Romanian legal entity with registered office: CUI 21226109, JUD. CLUJ, SAT LUNA DE SUS COM. FLOREȘTI, LUNA DE SUS, DN1-E60, KM 488+300 ) holds directly or indirectly 50% or more of the shares or voting interests of TermoExpress Trading S.A.; or (ii) any company or entity that directly or indirectly owns 50% or more of the shares or voting interests of TermoExpress Trading S.A.; or (iii) any company or entity that directly or indirectly controls or is under the control of a company or entity described in (i) or (ii).
Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by TermoExpress to the Buyer, using the services of the card processor agreed by the Seller, regardless of the method of delivery.
Green stamp duty – the amount expressed in lei, paid by the Seller to the company authorized to take over the collection, transport and recovery/recycling of waste electrical and electronic equipment, as provided for by the legislation in force.
Specifications – all specifications and/or descriptions of the Goods and Services as set out in their description.
1-click payment – the payment service provided by the payment processor integrated into the Site, made available to Customers, Users and/or Buyers via the Site for the purpose of making an online card payment.
Token – a unique encrypted number associated with the Buyer’s payment card after an online payment has been made, after activation of the PaybyClick service and which can be used by the Buyer to authorise Transactions through the PaybyClick service.
“RRP” (or referred to as “RRP”, as the case may be) is a recommended resale price of the Good transmitted directly by the manufacturer and, as the case may be, through the distributor, supplier, Seller, the Resale Price being set independently by the Seller, according to its own commercial policy. The sole purpose of this information is to assist the Buyer/Customer/User in their decision to purchase the Goods. The Buyer/Customer/User understands that the less obvious marking of this information is not likely to cause confusion and that, in making the decision to purchase the Goods, the Buyer/Customer/User must take into account strictly the Sale Price communicated by the Seller and requested by the Seller to the Buyer/Customer/User for the Goods sold.
“Cut Price” means the reference price, i.e. the lowest price charged by the Seller at least during the last 30 days prior to the date of application of the price reduction on the Goods. In accordance with the law, the price can be maintained even in the case of a successive, gradual reduction. The price is subject to the availability of the Good/Service.
“Selling Price” means the value of the Good, claimed and requested by the Seller, to the Buyer/Customer/User, highlighted accordingly on the product page of the Site, respectively on the presentation label for products displayed in Showrooms. The seller may clearly display, in a visible manner, the value amount of the difference between the Sale Price and the PRP and/or the value or percentage difference between the Sale Price and the Cut Price. The Sale Price is subject to the availability of the Goods/Service.
Search algorithm
The search algorithm consists of 2 components: text relevance (score represented by the matching between the search term and the Asset data), popularity of the Asset in the TermoExpress platform. Top Assets are reordered using a machine learning algorithm to improve search relevance.
CONTRACT DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller conducts its business operations.
2.2. The notification received by the Buyer after the Order has been placed is for information purposes and does not represent 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 Goods and/or Services in the Order. If it changes the quantity of Goods and/or Services in the Order, it will notify the Buyer at the e-mail address or telephone number made available to the Seller at the time of placing the Order and refund the amount paid.
2.4. The contract shall be deemed concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, via e-mail and/or SMS, of the notification of dispatch of the Order.
2.5. For Orders to be delivered to TermoExpress showrooms and delivery points, prices and reservations of Goods and/or Services are valid 72 (seventeen sixty-two) hours from the registration of the Order by the Buyer.
2.6. The document and the information provided by the Seller on the Website will be the basis of the Contract, in addition to which the warranty certificate issued by the Seller or a supplier of the Seller for the purchased Goods.
ONLINE SALES POLICY
3.1. Access to place an Order is granted to any User/Purchaser.
For justified reasons TermoExpress reserves the right to restrict the access of the User / Buyer 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, his actions could in any way harm TermoExpress. In any of these cases, the User/Customer may contact the Customer Relations Department of TermoExpress, to be informed of the reasons that led to the application of the above measures.
3.2. Communication with the Seller can be done through direct interaction with the Seller, including through online support (Live Chat) or through the addresses mentioned in the “contact” section of the Site. The seller is free to manage the information received without having to justify it.
3.3 In case of an unusually high volume of traffic from an Internet network, TermoExpress reserves the right to ask Users / Buyers to manually enter the validation codes of captcha type, in order to protect the information on the Site.
3.4. TermoExpress may publish on the Site information about Goods and/or Services and/or promotions offered by it or by any other third party with which TermoExpress has partnership agreements, in a certain period of time or within the limit of available stock.
3.5. All rates for Goods and/or Services presented on the Site are expressed in lei (RON) and include VAT, except for voice and/or data subscriptions, which are expressed in euro (EUR) and do not include VAT.
3.6. In accordance with the law, the price of the Electronic Goods displayed on the Site includes the Green Stamp Duty. If the User/Purchaser requests details on the exact amount added to the price of the Good, he/she will contact the TermoExpress Customer Relations Department.
3.7. In the case of online payments the Seller is/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 the card, if the currency of issue of the card differs from RON. Responsibility for this action rests solely with the Buyer.
3.8 All the information used for the description of 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, as they are used exclusively for presentation purposes.
3.9. Fourteen (14) days after 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 potential Users/Customers/Buyers on the Site and is actively involved in the development of new Services and in detailing as fully as possible the characteristics of the Goods.
ASSIGNMENT AND SUBCONTRACTING
4.1. The Seller may assign and/or subcontract to a third party for Services related to the fulfilment of the Order, with the Buyer’s prior notice, without the Buyer’s consent. The Seller shall always be liable to the Buyer for all contractual obligations.
INTELLECTUAL AND INDUSTRIAL PROPERTY LAW
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of TermoExpress, which reserves all rights obtained in this regard directly or indirectly (through licenses for use and/or publication).
5.2. The Customer/Buyer/User 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 context other than the original one intended by TermoExpress, include any Content outside of the Site, remove the marks signifying TermoExpress’s copyright in the Content as well as participate in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of TermoExpress.
5.3. Any Content to which the Customer/Customer/User has and/or obtains access by any means whatsoever is subject to the Document, if the Content is not accompanied by a specific and valid use agreement between TermoExpress and the Customer/Customer/User, and without any implicit or express guarantee made by TermoExpress with reference to that Content.
5.4. Customer/Buyer/User may copy, transfer and/or use Content only for personal or non-commercial purposes, provided that they do not conflict with the provisions of the Document.
5.5. If TermoExpress grants the Customer/Customer/User the right to use, in the form described in a separate user agreement, a specific content, to which the Customer/Customer/User has or obtains access as a result of this agreement, this right extends only to the content(s) defined in the agreement, only for the period of its existence 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 on the part of TermoExpress for the respective Customer/Customer/User or any other third party who has/acquires access to this content transferred, by any means and who could be or is harmed in any way from this content, during or after the expiration of the agreement of use.
5.6. No Content transmitted to the Client, User or Buyer, by any means of communication (electronic, telephonic, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of TermoExpress and/or of the TermoExpress employee/employee who facilitated the transfer of the Content, if any, towards the said Content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying User Agreement, if any, is prohibited.
ORDER
6.1. The Customer/Shopper can place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart and completing the Order by making payment by one of the methods expressly indicated. Once added to your shopping cart, a Good and/or Service is available for purchase to the extent that there is stock available for purchase. The addition of a Good/Service to the shopping cart, in the absence of the completion of the Order, does not entail the registration of an order, implicitly neither the automatic reservation of the Good/Service.
6.2. By completing the Order the Buyer agrees that all data provided by the Buyer, 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 consents that the Seller may contact the Buyer, 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, upon prior notice to the Buyer, without any further obligation of either party to the other or without either party being entitled to claim damages against the other in the following cases:
6.4.1. non-acceptance of the transaction by the bank issuing the Buyer’s card, in the case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by TermoExpress, in case of online payment;
6.4.3. the data provided by the Customer/Purchaser on the Site are incomplete and/or incorrect;
6.5. The Buyer has the right to withdraw from the Contract, i.e. to return a Good or to cancel a Service, within 14 calendar days, without giving any reason and without incurring any costs other than delivery costs. Thus, according to GEO 34/2014, the period for returning a Good or waiving a Service expires within 14 days from:
– the day on which the Buyer takes physical possession of the last Good – if the Buyer orders multiple Goods in a single order to be delivered separately;
– the day on which the Buyer takes physical possession of the last Good or part – in the case of delivery of a product consisting of several lots or parts.
6.6. If the Buyer decides to withdraw from the Contract, he/she may complete the online return form at http://www.TermoExpress.ro/info/form/retur.
6.7. If the Customer/Customer requests withdrawal from the Contract within the legal withdrawal period, the Customer/Customer must also return any gifts that accompanied the product. If the Order is paid, the Seller shall refund the amount within 14 (fourteen) days from the date of the Buyer’s notification to the Seller of its decision to withdraw from the Contract. The amount will be returned as follows:
6.7.1. for orders paid by bank card ->by refunding the amount 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 / cash in the showroom -> by returning the cash in the showroom, by refunding the value of the product to 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 instalment contract.
6.7.5 for orders paid by the payment methods “Pay in 30 days” and “Pay in 4 instalments” à reference
6.8. The seller may postpone the refund until receipt of the Goods sold or until receipt of proof that they have been dispatched, if he has not offered to recover the Goods himself (whichever is later).
6.9. If the Goods are returned in a condition in which they can no longer be sold as new (open packaging, missing accessories, damaged Goods), we reserve the right to charge a fee for returning the Goods to their original condition, as appropriate, or to cover the difference in price resulting from selling the Goods as resealed or, at the Buyer’s request, we will reship the Goods, with the delivery charges being borne by the Buyer.
Decrease in value of returned goods
Since, in the case of distance sales, the Buyer does not have the possibility to check the Goods before the conclusion of the contract, the Buyer has the right to withdraw from the contract. For the same reason, Buyer is permitted to test and inspect the Goods it has purchased to the extent necessary to determine the nature, characteristics and operation of the Goods.
In order to ascertain the nature, characteristics and operation of the Goods, the Buyer must handle and inspect them in the same manner as it would be permitted to do in an actual physical store. For example: the buyer only has to try on an item of clothing, not wear it to various occasions.
The Buyer shall be liable only for diminution in value of the Goods resulting from handling other than that necessary to determine the nature, qualities and functioning of the Goods.
If the Buyer exercises the right of withdrawal after having used the Goods to an extent exceeding the limit necessary to establish their nature, characteristics and functioning, the Buyer shall be liable for any diminution in the value of the Goods.
The accessories (user manuals, CDs, cables, etc.) in the box of the Good and its original packaging are an integral part of the Good. Therefore, we recommend the Buyer when exercising the right of withdrawal from the contract to return it in the original undamaged packaging, protected by wrapping with stretch plastic wrap or packed in a cardboard box (without labels stuck on it, without cuts, tears, etc.) and together with all its accessories.
Returned goods showing signs of wear and tear (stains, scratches, dents, cracks, dents, etc.) will be accepted only after they have been brought into conformity, involving the costs of sanitation, cosmetics, repair, replacement of any damaged parts and bringing them to a commercial form for sale as a Reconditioned / Resealed product. The final value is determined by the value of the parts to be replaced and the labour for refurbishment or as the difference between the original value of the new product and the resale value of the used product.
Any diminution in the value of the Goods resulting from their handling other than that necessary to determine the nature, qualities and functioning of the Goods is the responsibility of the Buyer. For clarity, from the total price of the returned Goods, the Seller shall retain an amount of money representing the diminution in value of the Goods in the proportion of %-50% of the original value of the Goods, as the case may be. The amount of the diminishing charge 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 Seller shall inform the Customer/Buyer of this fact and shall return to the Buyer’s account the value of the Good and/or Service within a maximum of 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 its intention to terminate the Contract.
6.11. The availability of an Asset will be displayed on the Site as follows:
“in stock” – we have more than 3 pieces in stock TermoExpress
“limited stock” – we have less than 3 pieces in stock TermoExpress
“in stock supplier” – The good is not available in stock TermoExpress. If you register an Order for a Good that has “in stock supplier” next to it, one of our sales consultants will contact you as soon as possible to inform you about the availability of the Good.
“on order” – The good is not available in TermoExpress stock and for the moment we have no information about its availability in the supplier’s stock. But, if you register an Order for a Good that has “to 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 let you know the availability of the Good.
“Pre-order” – The good is not available in TermoExpress stock or in the supplier’s stock. But, if you place an order for a Good that has “pre-order” next to it, one of our sales consultants will check the supplier’s supply deadline and contact you to let you know the availability of the Good.
“out of stock” – The good is no longer available in stock TermoExpress
“currently unavailable” – we are currently unable to purchase the Good because it is not in stock with the supplier.
6.12. Placing an order using the “Pay in 30 days” and “Pay in 4 instalments” payment methods.
6.12.1 The payment methods “Pay in 30 days and “Pay in 4 instalments” are available to Buyers on the website www.TermoExpress.ro, m.TermoExpress.ro or in the TermoExpress application and will be displayed only to eligible Orders and Buyers;
6.12.2 In order to be able to place an 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 Pay by click payment, a bank card issued in the name of the Buyer (holder of the customer account), whose expiry date is after the month of full payment of the order placed using this payment method.
6.12.3 The Buyer will not have the option of deleting the card saved in the Account and selected when placing the order with the payment methods “Pay over 30 days” and “Pay over in 4 instalments” until the payment of the respective Order is made.
6.12.4 Payment methods involve payment on the due date communicated by PayU, by automatically debiting the selected card when placing the Order. Information on these two payment methods can be found in PayU’s terms and conditions as well as in the credit agreement, documents displayed when selecting either payment method.
6.12.5 Categories of Eligible Goods exclude Goods in the following categories: jewellery, drones and accessories, gift card, fitting service, licenses, prepaid cards, reload-prepay-cards-online, insurance, Console & PC games, Software.
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. contracts for the provision of services, after full performance of the services, if performance has commenced with the Buyer’s express prior consent and after the Buyer has confirmed that it is aware that it will lose its right of withdrawal after full performance of the Contract by the Seller;
7.1.2. the supply of Goods and/or services whose price depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;
7.1.3. supply of Goods made to the specifications submitted by the Buyer or clearly customised;
7.1.4. supply of Goods that are likely to deteriorate or expire quickly;
7.1.5. the supply of sealed Goods which cannot be returned for health protection or hygiene reasons 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 items;
7.1.7. the supply of alcoholic beverages for which the price was agreed at the time the Contract was concluded, which cannot be delivered for 30 (thirty) days and whose actual value depends on market fluctuations which the Seller cannot control;
7.1.8. contracts where the Buyer has specifically requested the Seller to come to the Buyer’s home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Seller provides services other than those expressly requested by the Buyer or supplies Goods other than spare parts indispensable for the performance of maintenance or repair work, the right of withdrawal shall apply to such additional Services or Goods;
7.1.9. supply of sealed audio or video recordings or sealed software that has been unsealed after delivery;
7.1.10. the supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications;
7.1.11. the supply of digital content which is not delivered on a tangible medium, if the performance has begun with the express prior consent of the Buyer and after the Buyer has confirmed that he is aware that he will lose his right of withdrawal.
PRIVACY
8.1. TermoExpress will keep confidential the information of any nature you provide. Disclosure of the information provided may only be made under the conditions mentioned in this Document.
8.2. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by Buyer/Customer with respect to the Order/Contract without Seller’s prior written consent.
8.3. By submitting information or materials through this site, you grant Seller unrestricted and irrevocable access to, and the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, for its own purposes, such information, ideas, concepts, know-how or techniques that you have submitted to us through the Site. TermoExpress will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard.
COMMERCIAL COMMUNICATIONS
9.1. The Buyer/User/Customer may at any time change his/her option regarding the consent given to the Seller for Commercial Communications containing general and thematic information including information on offers or promotions, as follows:
9.1.2. by modifying the settings in your Account under “My subscriptions”;
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 the Buyer/User Commercial Communications regarding:
– when changing the price of 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 Goods or Services in the “My Cart” section, and
– stock availability Goods or Services added in the “My Cart” section.
“Favourites”, the Seller will send the Buyer/User Commercial Communications regarding:
– when changing the price of Goods or Services added in the “Favourites” section,
– to recommendations of Goods or Services similar to those added in the “Favorites” section, and
– stock availability or Services Goods added in the “Favorites” section.
9.3. Following the purchase of a Good or Service, the Seller will send the Buyer/User Commercial Communications regarding:
– Suggestions of Goods or Services recommended to be used in conjunction with the purchased Good or Service.
9.4. The Customer/User may unsubscribe at any time from the Commercial Communications referred to in paragraph 9.3. above by accessing the unsubscribe link displayed in the commercial messages received from TermoExpress or by contacting TermoExpress in this regard.
9.5. We will also use your data to improve our Goods and Services offering and your shopping experience. for conducting market research and opinion polls. The information obtained from this market research and opinion polls will not be used for advertising purposes but only for the above mentioned purposes. Your answers. market research and opinion polls will not be associated with your identity. nor transmitted to third parties and will not be published. You may object to the use of data for market research and survey purposes at any time by accessing the unsubscribe link displayed in the message or by contacting TermoExpress.
INVOICING – PAYMENT
10.1. The prices of the Goods and Services displayed on the website www.TermoExpress.ro include VAT according to the legislation in force.
10.2. The price, payment method and payment term are specified in each Order. The Seller shall issue to the Buyer an invoice for the Goods and Services delivered, it being the Buyer’s obligation to provide all the necessary information to issue the invoice in accordance with the legislation in force.
10.3. The Seller shall send to the Buyer the invoice for the Order containing Goods and/or Services sold by TermoExpress, with the exception of Goods and/or Services sold by TermoExpress Marketplace partners, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer’s Account 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 is obliged to update whenever necessary the data in his Account and to access the information and documents related to each Order, existing in the Account.
10.5. Through this way of communication the Buyer, by accessing his Account, will have a record of the invoices issued by TermoExpress, being able to save and archive them in turn 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 TermoExpress in the Account or by electronic mail to the e-mail address mentioned in the Account.
10.7. If this information is unavailable for more than 48 (forty-seven) hours in Account, please notify us at info@TermoExpress.ro.
10.8. PaybyClick payment is a fast way to pay online by card, which consists of making the payment with a single click using the card token, without the need to enter the payment card details for each transaction.
10.9. The 1-click payment option can be activated by the User or Buyer, in front of TermoExpress, the entity that provides the service in the field of registration and storage of the User’s payment card data:
a) at any time from Account:
– The customer/buyer accesses his/her Account ->section “My Cards”->chooses the option “Add card”-> and is directed to the payment page of the payment processor where he/she enters the card data to make a transaction of 1 leu necessary to validate the card. After validation of the card by the issuing bank, the “1-click payment” option is automatically activated and the token for the registered bank card is issued. From this moment on, the User/Shopper can benefit from the “1-click payment” option by using the token of the card saved for the payment of the Orders.
For the avoidance of doubt, the amount of 1 leu will not be debited from the User’s / Buyer’s account and will only be temporarily blocked by the card issuing bank in order to validate the card data entered.
b) when placing an Order.
– The Customer/Shopper places the Order and chooses the payment method Credit or Debit Card, activates the option “Pay with 1 click”, is redirected to the payment processor page, enters the card details and pays, respectively completes the Order. After payment confirmation, the saved card is available for future payments using the token of the saved card.
c) after placing an Order on the Site.
– The Customer/Shopper places the Order and chooses the payment method Credit or Debit Card, but does not activate 1-Click Payment when placing the Order. After confirming the payment, the Customer / Buyer will have the possibility to save the card used to pay for the Order by activating the option “1 click payment”. The saved card is available for future payments using the token of the saved card.
Thus, when activating the option “Pay with 1 click”, on the Site, the payment card data entered by the User / Buyer will be assigned a Token, which can then be used to perform Transactions. After activating the payment option “Pay with 1 click”, the Buyer will be able to pay for the following Orders (“Pay with 1 click”), without having to re-enter the data of the payment card already saved. By entering the card details, the User/Shopper confirms that he/she has been previously informed and has accepted the terms and conditions of use of the “Pay with 1 click” service.
10.10 The payment card data of the User / Buyer will not be accessible to TermoExpress and will not be stored by TermoExpress, but by the payment processor integrated into the Site, an entity authorized to provide services for storing card identification data, about whose identity the User / Buyer will be informed, prior to data entry.
TermoExpress provides the service in the field of registration and storage of user’s payment card data through the entity authorized to provide card data storage services, PayU SA, a company incorporated and operating under the laws of Poland, registered in the Register of Enterprises kept by the Court of Poznan-Nowe Miasto I Wilda w Poznaniu, under registration number 0000274399, with registered office located at 186 Grunwaldzka, 60-166 Poznan, Poland.
The personal data contained in the tokenization database will be processed in accordance with the provisions of applicable law, in particular Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (hereinafter “GDPR”). TermoExpress, as the controller of the personal data contained in the tokenization database, entrusts PayU with the processing of the aforementioned data for the purpose of providing the tokenization services.
10.11. Payment via your TermoExpress customer account is a fast way to pay online by card, which consists of making payments on other sites where you are logged in via your TermoExpress customer account, using the card token saved in your TermoExpress customer account, without having to enter the payment card details for each Transaction or another bank card.
10.12. The option for payment via TermoExpress customer account can be selected by the User or Buyer.
10.11. In some cases, in order to maintain the security of Transactions, the Buyer will be required to authorize payment by re-entering the password for the Account or by using the fingerprint in the case of mobile terminals that have this facility.
10.12. For security reasons, the User / Buyer is advised not to remain logged in on the Site and not to set the automatic login option on mobile devices. Disclosure of account passwords is not permitted and it is recommended that you use a password with strong security features (e.g., it must contain at least eight characters, including uppercase letters, lowercase letters, digits and special characters).
10.13. The customer/User/ Buyer can enter the data of several payment cards that he/she owns, for which the PaybyClick payment option can be activated, and a Token is associated to each payment card. Also, the User/Purchaser may at any time delete any Token thus disabling the PaybyClick service.
10.14 Payment by “Pay over 15 days” is a payment method by which the Seller offers the Buyer the possibility to place orders within the maximum limit communicated with the payment, by debiting the selected bank card, within 15 days from the estimated delivery date of the last Good in the Order;
DELIVERY OF GOODS
11.1. The conditions of delivery of Goods and Services sold by TermoExpress you find in the section Delivery orders.
11.2. Terms of delivery of Goods and Services sold by TermoExpress Marketplace partners in TermoExpress Marketplace section.
11.2. The Seller shall ensure proper packaging of the Goods and shall ensure the transmission of the accompanying documents.
11.3. The Seller shall deliver the Goods and Services only on the territory of Romania.
GUARANTEES
12.1. All Goods sold by TermoExpress, except for resealed Goods, benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers. The goods are new (except for resealed goods), in original packaging and come from sources authorized by each manufacturer.
12.2. In the case of goods sold and delivered by TermoExpress, warranty certificates are either issued directly by the manufacturer, if it has a national service network, or are issued by S.C. Depanero S.R.L., TermoExpress service partner. In the case of warranty certificates issued by S.C. Depanero S.R.L., we offer you the “Pick-up & Return” service, which involves the pick-up and delivery of the Goods free of charge.
12.3. In the case of Goods sold and delivered by TermoExpress through its Marketplace partners, the Buyer will receive upon delivery for each Good that benefits from the warranty a warranty certificate with all the details of the service center that provides repairs during the warranty period. The warranty of the Goods purchased through TermoExpress from the Marketplace partners is provided by the authorized service mentioned on the warranty certificate afferent to the Goods or by the Seller.
12.4. For the Goods in the Order which benefit from the warranty based on the warranty certificates issued by S.C. Depanero S.R.L., TermoExpress service partner, TermoExpress will send to the Buyer these warranty certificates exclusively in electronic format, by adding the warranty certificate for 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 warranty certificate related to the Goods in the Order, the Buyer is obliged to update whenever necessary the data in his Account and to access the information and documents related to each Order, existing in the Account.
Through this way of communication the Buyer, by accessing his Account on www.TermoExpress.ro, will have a record of the warranty certificates issued by TermoExpress, being able to save and archive them in turn at any time and in any way he wants.
If this information is unavailable for 48 (forty-seven) hours in your customer account, please notify us at info@TermoExpress.ro.
12.6. In the case of warranty certificates issued by manufacturers, we offer the “Pick-up & Return” service, which involves the pick-up and delivery of the Goods free of charge. You can always choose to go directly to the nearest service centre mentioned in the certificate. This manufacturer-authorised centre will take full responsibility for warranty settlement.
The lack of the warranty certificate of the Goods must be reported within 48 (forty-seven) hours from the receipt of the Goods to info@TermoExpress.ro. Any further referrals will not be taken into account.
12.7. In the case of resealed Goods, the warranty certificate is issued by TermoExpress, and the warranty may cover a period different from the warranty period of the same new, sealed Goods. The warranty period is specified in the warranty certificate for each resealed Good. The conditions of use, handling and transport of a resealed Good are the same as for sealed products and benefit from the same services unless otherwise stated on the product page.
TRANSFER OF OWNERSHIP OF GOODS
13.1. Title to the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the invoice in the case of deliveries made by the Seller’s staff).
REPLY
14.1. The Seller shall not be liable for damages of any kind which the Buyer or any third party may suffer as a result of the Seller’s performance 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 loss thereof.
14.2. By creating and using the Account, the User/Purchaser assumes responsibility for maintaining the confidentiality of the 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/her 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 on the Site, existing at the date of creating the Account and/or using the Content and/or placing the Order.
14.4. Seller reserves the right to periodically update and modify the Site Terms and Conditions to reflect any changes in the manner and conditions of operation of the Site or any changes in legal requirements. The document is enforceable against Customers / Users / Buyers from the moment of posting on the Site. In the event of any such changes, we will post the modified version of the Document on the Site, so please check the content of this Document periodically.
WRITING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
15.1. writing Reviews, Comments, Questions and Answers can be done, by Users/Customers/Shoppers, in the sections “Customer Questions and Answers” and “Reviews”. The information entered can be both positive and negative and will relate to the features and usage of a product or service.
15.2. By registering a particular Review/Comment/Question/Answer on the Site, Users/Customers/Buyers grant Seller a non-exclusive, perpetual, irrevocable, territorially unlimited license and give Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content.
15.3. Each User/Customer/Customer, when entering a Review/Comment/Question/Answer in the mentioned sections, agrees to abide by the following rules:
– refer only to features and/or how to use a particular product or service, avoiding information on aspects that may change (price or promotional offers) or information on how to carry out the Order;
– to use only Romanian. Also allowed are words or expressions which, although not considered Romanian, are widely used in all media related to the field (e.g. mouse, notebook, plug and play);
– use appropriate, non-offensive language, without terms that may offend or affect any other User/Customer/Customer;
– ensure the correct framing of the content posted on the Site as follows: any Questions will be posted in the “Customer Questions and Answers” section, and any Reviews will be posted in the “Reviews” section;
– ensure that the information they enter is truthful, accurate, not misleading and in accordance with applicable laws, including respecting the rights of other parties, including copyright, trademark, licensing or other proprietary rights, publicity or privacy;
– use this facility only to communicate or obtain additional details about a particular product or service on the Site without reference to other companies promoting the sale or purchase of products or services;
– not to provide or request, in any way and to any extent, personal data (contact details, delivery or home address information, telephone numbers, email addresses, first and/or last names, etc.) or any other information that may lead to the disclosure of such personal data;
– not to include information and/or details of URLs (links) from other commercial sites carrying out the same commercial activity as the Seller;
– not to attempt to defraud the services provided by the Seller or to enter Reviews/Comments/Questions/Answers containing material of an advertising nature;
– not to use the Review/Comment/Question/Answer as a means of communication with the Seller, in this respect the contact details of the Seller registered on the Site will be used.
15.4. In addition to a critical realistic rating, when entering a Review, the User/Customer/Buyer will also add a Rating relevant to the related product or service. Reviews, together with their corresponding Ratings, will influence the overall Rating of the product or service, the number that appears in brackets next to their title. Thus, a Review accompanied by a high Rating leads to an increase in the overall Rating, and a Review accompanied by a low Rating leads to a decrease in the overall Rating.
Users/Customers/Buyers who submit Reviews to which they attach photo or video files will respect the following rules:
– uploaded files will contain images and/or videos that relate to the product or service for which the Review is being written, ensuring that uploaded files respect copyright;
– uploaded files will not contain violence, adult content, lewd language or other content that offends a person/group on the basis of race or ethnic origin, religion, disability, gender, age, veteran status, sexual or political orientation;
– uploaded files will not contain information about other people;
– uploaded files will not contain URLs or watermarks to sites that perform the same commercial activity as the Seller.
15.5. When a Review/Comment/Question or Answer is flagged 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. Texts, photos or videos entered are removed from the Site only after examination by the Seller.
15.6. If the Seller finds repeated violations of the Terms and Conditions, the Seller reserves the right to suspend the User/Customer/Buyer’s ability to post Reviews/Comments/Questions or Answers in the “Customer Questions and Answers” and “Reviews” sections.
Any complaints or claims related to the Goods and/or the Service purchased by the Buyers shall not be subject to any Review, and the Buyers shall comply with the provisions of Chapter 19 below for the prompt and amicable resolution of any such complaints/claims.
15.7. Reviews will be displayed as:
– “TermoExpress Buyer Review” – The review is published by a Buyer who purchased the Good/Service from the TermoExpress platform.
– “TermoExpress User Review” – The review is published by a User who has not purchased the Good/Service through the TermoExpress platform or TermoExpress has no information about this purchase.
PROCESSING OF PERSONAL DATA
16.1. Please read the Privacy Policy regarding the processing of personal data, which forms part of this Document.
COOKIE USAGE
17.1. See Cookie Policy, which forms part of this Document.
FORTA MAJORA
18.1. Neither party shall be liable for non-performance of its contractual obligations if such non-performance in due time and/or properly, wholly or partly is due to an event of force majeure. Force majeure is an unforeseeable event, beyond the control of the parties and which cannot be avoided.
18.2. If within 15 (fifteen) days from the date of occurrence, the event does not cease, each party shall be entitled to notify the other party of the termination of the contract without either party being entitled to claim any further damages.
APPLICABLE LAW – JURISDICTION. COMPLAINTS AND REFERRALS. ALTERNATIVE DISPUTE RESOLUTION (SALT/SOIL)
19.1. This document is subject to Romanian law. In the event of any disputes arising between the Seller and Users / Buyers, an attempt will first be made to resolve them amicably. The present chapter and the procedure below represent a proof of the Seller’s willingness to solve quickly, efficiently, amicably, alternatively, extra-judicially, the complaints/claims/litigations in which it is a party, using all the legal mechanisms and measures applicable in Romania.
19.2. Thus, for complaints or claims related to the purchased Goods and/or Service, Buyers have at any time the possibility to submit such complaint through the contact form available on the Site: http://info.TermoExpress.ro/reclamatii-sesizari. The maximum deadline for the Seller to resolve complaints or referrals is 30 calendar days from the date of their receipt.
In case the Buyers:
I do not receive a response within 30 days from the Seller; or
I receive a response beyond this deadline from the Seller; or
are dissatisfied with the way the complaint/complaint was handled by the Seller;
may appeal to the alternative dispute resolution (ADR/SOL) procedures set out below and then to the competent courts under Article 19.7 of this document.
19.3. ADR is an alternative mechanism to the court system, whereby consumers are offered the possibility of resolving potential disputes when faced with a problem related to the purchase of a Good and/or a Service. Complaints or complaints against traders will be submitted voluntarily by consumers and will be dealt with in an independent, impartial, transparent, fast and fair way. Access to this alternative means of resolution can be done both online as per point. 19.5 below, as well as by traditional methods, on paper or on another durable medium in accordance with Article 19.4. below.
19.4. For alternative dispute resolution, the Buyer’s complaint or claim may be submitted in writing directly to the Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection at the following contact details: address: Bucharest, Aviatorilor Boulevard no. 72, sector 1, postal code 011865, tel: 021.307.67.69; fax: 021.314.34.62, e-mail: dsal@anpc.ro. The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection is competent to resolve national and cross-border disputes arising from sales or service contracts concluded with a trader operating in Romania and is included in the list of ADR entities at European level, available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2″. For even more details, Buyers can access the link displayed on the website in the ANPC – SAL section.
19.5. Having regard to the provisions of Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC, the User/Customer has the possibility to opt for out-of-court settlement of any disputes, and by using the European online dispute resolution platform (SOL platform), a digital tool created by the European Commission to facilitate independent dispute resolution, impartial, transparent, effective, rapid and fair out-of-court settlement of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the European Union and a trader established in the European Union. For this purpose, you can access the link in the section: Online Dispute Resolution.
19.6. SAL and SOL are not two different mechanisms for resolving possible complaints/claims. The Buyer understands that alternative dispute resolution and online dispute resolution exist as a single mechanism, representing one and the same tool, with the same purpose, object and purpose. The buyer understands that the distinction between SAL and SOL is represented by the access mode / initial format of the respective complaint/complaint, so that in the case of SAL the form of addressing the consumer is a classic type, in writing (by email, by post) whereas in the case of SOL, the consumer chooses to use the completion of an existing form on a digital platform, exclusively online.
19.7. In the event that an amicable or alternative solution of the complaints/claims/litigations is not possible, or a mutual consensus is not reached, they will be solved by the competent Romanian courts in Bucharest.
INFORMATION ON DEEE
20.1. Waste electrical and electronic equipment (WEEE) can contain hazardous substances that have a negative impact on the environment and human health if not collected separately.
Taking into account the provisions of GEO 195/2005 – on environmental protection and GEO 5/2015 on waste electrical and electronic equipment, customers should consider the following:
20.1.1. Buyers are obliged not to dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to collect such WEEE separately;
20.1.2. the collection of this waste (WEEE) will be carried out by the public WEEE collection service, directly by TermoExpress and through collection centres organised by authorised economic operators for the collection of WEEE;
20.1.3. customers can hand in WEEE free of charge at the collection points specified at the time of purchase of a new product of the same category; thus TermoExpress applies the policy of collecting WEEE in a one-to-one system, according to the legislation in force, if the equipment handed in is equivalent and has fulfilled the same functions as the new equipment supplied; TermoExpress customers can hand in equivalent WEEE at all TermoExpress Showrooms;
20.1.4. TermoExpress provides collection, during working hours, from end users, free of charge, without any obligation to buy EEE of equivalent type, of very small WEEE at the following TermoExpress Showrooms located at:
– Grant Shopping Center Șoseaua Virtutii, Nr. 148, sector 6, Bucharest, Romania;
– Niciman Street 2 Axa Niciman Complex (next to LIDL store), Iasi.
20.2. The symbol indicating that electrical and electronic equipment is subject to separate collection is a cheap wheelie bin with a cross, as in the picture opposite.
See here WEEE symbol
20.3. This pictogram indicates that WEEE must not be mixed with household waste and that it is collected separately.
INFORMATION ON ECODESIGN REQUIREMENTS FOR HOUSEHOLD WASHING MACHINES
21.1. Annex IV of Commission Regulation (EU) No 1015/2010 of 10 November 2010 implementing Directive 2009/125/EC of the European Parliament and of the Council with regard to ecodesign requirements for household washing machines.