[vc_row][vc_column][vc_column_text]Article 1 – PURPOSE
The general terms and conditions of sale will apply to all sales of goods and services by Your Watch S.R.L., through the virtual store www.youwatch.ro to the Buyer and can only be modified with the express written consent of both parties.
The following terms shall mean:
“Buyer”: the person, firm, company or other legal entity issuing an Order.
“Seller”: the commercial company Your Watch S.R.L., with its registered office in Cluj-Napoca, Ady Endre street no. 7, trade register number J12/945/2017, CUI 37201976
“Order”: an electronic document that acts as a form of communication between the Seller and the Buyer through which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and to make payment for them.
“Contract”: an Order confirmed by the Seller.
“Intellectual property rights” (hereinafter IPR): all intangible rights such as know-how, copyright and copyright, database rights, design rights, model rights, patents, trademarks and domain name registrations for any of the above.
“Specifications”: all the specifications and/or descriptions of the Goods and Services as specified in the order.
Article 2 – CONTRACTUAL DOCUMENTS
By placing an electronic or telephone order on the mentioned website, the Buyer agrees to the form of communication (telephone or email) through which the Seller conducts its operations.
The order will be composed of the following documents, in order of importance:
1) The order (together with the clear mentions of the delivery and billing dates) and its specific conditions
2) Buyer’s specifications (where applicable)
3) the general terms and conditions of sale
If the Seller confirms the order, this will imply full acceptance of the terms of the Order. Acceptance of the order by the Seller is considered completed when there is a verbal (telephone) or electronic (email) confirmation from the Seller to the Buyer, without requiring a confirmation of receipt from him. The seller does not at any time consider an unconfirmed order as having the value of a Contract.
Article 3 – VALIDITY
This Agreement enters into force upon confirmation of the Order by the Seller. Confirmation is done by phone or electronically (e-mail). The general terms and conditions of sale will form the basis of the Contract thus concluded, in addition to them being the Certificate of Guarantee issued by the Seller or one of his suppliers.
Article 4 – EXTENSION OF THE SELLER’S OBLIGATIONS
4.1 The Seller will use his professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods and Services that meet the requirements, needs and specifications of the Buyer;
4.2 The information presented on the seller’s websites is informative and may be modified by the Seller without prior notice. Also, for reasons related to space and the coherence of the information structure, product descriptions may be incomplete, but the seller makes efforts to present the most relevant information, so that the product is used within the parameters for which it was purchased;
4.3 Communication with the store – can be done by interacting with it, communicating through the “Contact” section. Opinions or addresses containing insults or inappropriate language will be ignored. The seller has the freedom to manage the information received, without having to provide justifications for this.
Article 5 – ASSIGNMENT AND SUBCONTRACTING
The Seller can assign and/or subcontract to a third party for services related to the fulfillment of the order, with the Buyer’s information, without his consent being necessary. The Seller will always be responsible to the Buyer for all contractual obligations.
Article 6 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Buyer understands the intellectual property right and will not disclose to a third party or make public (on the Internet or the media), any of the information received from the Seller.
Also, the name of the site as well as the graphic signs, product descriptions, technical characteristics, images, texts, symbols, or any information presented on the above-mentioned site, may not be retrieved, copied or used, without the written consent of the owner.
Article 7 – CONFIDENTIALITY – ADVERTISING
All plans, documents and information of any nature provided by the Buyer to the Seller, including but not limited to the order, shall remain the property of the Seller. They can only be used for the execution of the contract and can be made known only with the written consent of the Seller and after obtaining a commitment of confidentiality from the one who receives them.
No public statement, promotion, press release or any other way of disclosure to third parties will be made by the Buyer regarding the order without the consent or will of the Seller.
Article 8 – PENALTY TERMS
If the deadlines for delivery and/or start of the Order cannot be met, the Seller is obliged to notify the Buyer of the estimated deadline for completing the delivery.
If the Buyer delays payment of the goods within the term stipulated in the invoice issued by the Seller, he is obliged to pay a penalty of 0.5% per day of the amount owed.
If the Seller receives erroneous information related to the invoicing or delivery of the products, a new deadline for honoring the order will be established, falling within 3 working days.
Article 9 – PRICES – BILLING – PAYMENTS
The prices on the website are presented in RON or EURO, they include customs costs where applicable. The prices include the delivery costs of the products, which are borne by the Buyer. The final price, delivery method, payment and payment term will be communicated to the Buyer upon confirmation of the Order. The Seller will issue an invoice to the Buyer for the Goods and Services delivered, the Buyer’s obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
Article 10 – RISKS AND RESPONSIBILITIES
10.1 Delivery
The Seller undertakes to ship the Goods and Services door-to-door to the Buyer
10.2 Transport – Packaging
Unless otherwise agreed by the Seller and the Buyer, the Seller discharges the risks and responsibilities associated with the Goods and Services at the time of their delivery to the internal courier company with which the Seller collaborates or to the Buyer’s representative.
The seller will ensure the proper packaging of the Goods and Services and will ensure the transmission of the accompanying documents.
The Seller will deliver the Goods and Services on the territory of Romania.
10.3 On-Site Services
The Seller can provide, at the Buyer’s express request, services consisting of downloading, installation, start-up and delivery acceptance. These services will be negotiated directly between the Seller and the Buyer, regarding the price, payment terms and conditions of their provision.
10.4 The buyer has the obligation, at the time of delivery of the product by the courier, to check whether the ordered good is damaged or not. The verification of the above will be carried out by the buyer in the presence of the courier, and if he finds that the ordered good is damaged, he is obliged to refuse its receipt, otherwise the seller cannot be held responsible for the delivery of the good in a damaged state.
10.5 The buyer benefits from the legal right of return only after payment of the order and the related transport charges, if applicable. If they refuse to pick up the order, they give their consent to pay the return transport fees (which cannot be less than 60 RON), and if the transport fees are not paid, the people who place orders and refuse lifting, they give their consent for their data to be published in the national database clientineseriosi.ro for the purpose of rating and risk management
Article 11 – ACCEPTANCE
Acceptance will be made when the Goods and Services comply with the technical characteristics mentioned in the Order. If the Buyer discovers that the Products delivered or the Services provided do not comply with the technical specifications, then the Seller will bring the Products and Services into compliance within a maximum period equal to the execution term of the Order, without imputing to the Buyer any costs related to these operations. Also, the Seller will comply with the provisions of the Law for the approval of Government Ordinance no. 34/2014 regarding the legal regime of distance contracts, which gives the Buyer (only under the conditions of the mentioned normative act) the right to unilaterally terminate the Contract within 30 days, and to receive within 14 days of the unilateral termination in writing (document signed by the Buyer and sent electronically or by post with confirmation of receipt) the price of the Contract (excluding costs related to transport), conditioned on the return of the Goods and Services. The Seller has the right, when he considers that the actions of the Buyer were with bad intention, to request damages to the Buyer, under the terms of the legislation.
“The consumer has the right to unilaterally terminate the distance contract, within 14 days (30 days in the case of our store), without penalties and without citing any reason. The only costs that may fall to the consumer are the direct costs of returning the products .”
“The consumer cannot unilaterally denounce the following types of contracts, except in cases where the parties have agreed otherwise: a) contracts for the supply of products or services whose price depends on the fluctuations of the financial market rates that cannot be controlled by the merchant; b) contracts for the supply of products executed according to the consumer’s specifications or of distinctly personalized products, as well as those which, by their nature, cannot be returned or which can degrade or deteriorate quickly; c) contracts for the provision of audio, video recordings or computer programs, if they have been unsealed by the consumer”
The buyer who exercises the right to unilaterally terminate the contract has the following obligations:
The products will be shipped with the components or accessories received upon purchase, in the original packaging, in perfect working order. All objects must have the same appearance as when they were received and, as the case may be, have the seals intact or show no traces of operations prohibited by the manufacturer or supplier on the products.
In the event that the purchased product has manufacturing defects, it will be replaced on the spot with a new product, provided that S.C. is notified in writing. Your Watch S.R.L. or presentation at the company’s work point with the respective product within 48 hours of receiving the product.
For reasons of hygiene, products that have been worn or have physical changes (cracks, scratches, corrosion, discoloration, deformations, breaks, detachments, shortening of the bracelet, engraving, damaged packaging, etc.) are not accepted for return. Products belonging to a limited series are considered customized products and cannot be unilaterally denounced by the Buyer. At the same time, it is not possible to return the products that were brought on “special order” (SPECIAL ORDER is defined as the list of products ordered by the Buyer and which are not in the usual stock of the Seller but which can be delivered on the basis of a firm order and of the payment of an advance if applicable, in the terms agreed by the parties). The value of the financial obligations of the suppliers towards the customers cannot exceed the value of the collected sums. The customer cannot claim any kind of moral or material damages above these amounts.
The return of products is accepted only for natural persons who purchased products from S.C. Your Watch S.R.L. Products can be returned exclusively by courier (not post) or by coming directly to the indicated work point, but not before completing the return form and receiving acceptance from the company.
Article 13 – WARRANTIES
In addition to any other guarantees provided by the applicable laws and detailed in the Certificate of Guarantee issued by the Seller, they guarantee the Buyer against any non-conformity that may affect all or part of the Goods and Services, with the exception of normal wear and tear, for the period specified in the Contract (usually 24 months) from the date of issue of the sales invoice. The period for solving warranty problems will not exceed 15 calendar days.
Article 14 – TRANSFER OF OWNERSHIP
Ownership of the Goods and Services will be transferred at the time of payment by the Buyer at the location indicated in the order (understood by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the Seller’s staff) . In the case of delivery by courier, the Seller is not authorized to allow the Buyer to open the parcels before the delivery is signed, but only after the delivery is signed and the payment of their possible counter value. The seller cannot be held responsible for the contents of the shipped parcels unless there is a document signed by the buyer and the representative of the courier who made the delivery.
Article 15 – COMPLIANCE WITH LAWS AND STANDARDS
The Seller will comply with all laws, regulations and ordinances applicable to its contractual achievements, including without limitation the manufacture, assembly, handling, transport, storage, packaging or delivery of Goods and Services and applicable to health, safety, environment.
Article 16 – LIABILITY
The Seller cannot be responsible for damages of any kind that 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 product loss.
The seller will be responsible if his sub-contractors and/or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.
Article 17 – BREACH – TERMINATION
If the seller does not perform his obligations, including during the warranty period, the Buyer will notify the Seller of this failure. An action plan will be validated between the Parties within 5 working days of notification.
The buyer can cancel an Order by e-mail or by phone, before it has been shipped. Otherwise, the order will be subject to the return of the goods, mentioned on the Seller’s websites.
Article 18 – FORCE MAJEURE
None of the parties will be responsible for non-performance of its contractual obligations, if such non-performance is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.
Article 19 – APPLICABLE LAW – JURISDICTION
This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract will be resolved amicably, and if an agreement is not reached in this way, it will be appealed to the competent courts at the Seller’s headquarters.
Article 20 – INFORMATION REGARDING WEEE
Waste electrical and electronic equipment (WEEE) can contain dangerous substances that have a negative impact on the environment and human health if they are not collected selectively. Taking into account the provisions regarding environmental protection and the waste regime, customers will have the following in mind:
– customers have the obligation not to dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to selectively collect this WEEE;
– the collection of this waste (WEEE) will be carried out through selective collection points made available to producers by the local public administration authorities, which have the obligation to separately collect WEEE from private households and to make available to producers the spaces necessary for the establishment of collection points WEEE collection; The icon below indicates that WEEE should not be mixed with household waste and that they are subject to selective collection.
According to O.U.G. no. 5/2015, the seller is obliged, when supplying a new product, to take WEEE from the customer in a “one-to-one” system free of charge, under the same conditions as the delivery of the new product, if the equipment is of an equivalent type and has fulfilled the same functions as the newly supplied equipment and if this is requested by the buyer.
Article 21 – COOKIE POLICY
This website uses its own and third-party cookies to provide visitors with an improved browsing experience and services adapted to everyone’s interests. Cookies are small text files that are sent to your computer when you visit a website. The cookies are then sent back to the original site on each subsequent visit or to another website that recognizes that cookie. Cookies act as a record for a website, which allows your computer to remember your visits to our website. Cookie-urile pot inregistra, de asemenea, preferinţele dumneavoastra, pentru a imbunataţi experienţa utilizatorului, dar pot şi filtra reclamele vizibile relevante pentru dumneavoastra.
By browsing this site, you express your express consent to their use.
Article 22 – MISCELLANEOUS PROVISIONS
If one or more provisions of these general terms and conditions of sale are in conflict with any applicable legal requirement, said provisions will not be applied and the Parties will strive together to agree on new provisions that respect the spirit of the initial provisions.
The parties to the contract will be considered independent contractors and none of the parties is granted the right or authority to assume or create any obligation on account or to the detriment of the other. The terms and conditions of this contract supersede other previous written or verbal agreements, between the aforementioned Parties, regarding the subject of this Agreement and may not be modified or changed except by written agreement signed by both parties.
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