Bacania Rod - is the commercial name of SC BACANIA ROD SRL, a legal entity with its registered office in Bucharest, Str. Lunca Firdului no. 4, bl. B6, sc.1, apartment 15, Sector 3, having serial number in the Trade Register J40/11036/2012, unique fiscal registration code RO30714206.
Seller – Bacania Rod.
Buyer - natural person / legal entity or any legal entity that creates an account on the website and places an order.
User – any natural/legal person registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the General Terms and Conditions section.
Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer conveys to the Seller, through the Site, his intention to purchase Goods and Services from the Site.
Goods and Services – any product or service, including the documents and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the concluded Contract.
2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If he changes the amount of Goods and/or Services in the Order, he will notify the Buyer at the e-mail address or phone number provided to the Seller when placing the Order and will return the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the notification of dispatch of the Order.
ONLINE SALES POLICY
3.1. Access to place an Order is allowed to any Customer/Buyer.
For justified reasons, Bacania ROD reserves the right to restrict the access of the Customer/Buyer in order to place an Order and/or to some of the accepted payment methods, if it considers that based on the behavior or activity of the Customer/Buyer on the Site, the actions it could harm in any way Bacania ROD. In any of these cases, the Client/Buyer can contact the Seller by e-mail or telephone, to be informed about the reasons that led to the application of the aforementioned measures.
3.2. Communication with the Seller can be done through direct interaction with him or through the addresses mentioned in the "contact" section of the Site. The seller has the freedom to manage the information received without having to provide justifications for this.
3.3. All prices related to the Goods and/or Services presented on the website are expressed in RON and include VAT
3.4 All information used to describe the Goods and/or Services available on the site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.
ASSIGNMENT AND SUBCONTRACTING
The Seller may 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.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. The content, including but not limited to static images, dynamic images, text and/or multimedia content presented on the site, are the exclusive property of the Seller, all rights obtained in this regard directly or indirectly (through licenses of use and/or publication).
4.2. The buyer is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any content in any context other than the one originally intended by Bacania ROD, include any content outside the site, removing the signs signifying the Seller's copyright on the content as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content, except with the Seller's express written consent.
4.3. Any use of the content for purposes other than those expressly permitted by this document or by the user agreement that accompanies it, if it exists, is prohibited.
5.1. The buyer can place orders on the website, by adding the desired products to the shopping cart, then finalizing the order by paying through one of the methods indicated expressly. Once added to the shopping cart, a product is available for purchase as long as there is stock available for it. Adding a product to the shopping cart, in the absence of completing the order, does not entail the registration of an order, implicitly neither the automatic reservation of the product.
5.2. By completing the order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the order.
5.3. By completing the order, the Buyer agrees that the Seller can contact him, by any means available / agreed by the Seller, in any situation in which it is necessary to contact the Buyer.
5.4. The Seller can cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:
5.4.1. non-acceptance by the issuing bank of the Buyer's card, of the transaction, in the case of online payment;
5.4.2. invalidation of the transaction by the card processor approved by Bacania ROD, in the case of online payment;
5.4.3. the data provided by the Buyer on the website are incomplete and/or incorrect;
5.5. The buyer has the right to withdraw from the contract, respectively to return a product, within 14 calendar days, without citing any reason and without incurring costs other than those of delivery.
Thus, according to GEO no. 34/2014, the period for returning a product expires within 14 days from the day the Buyer takes possession of it.
5.6. If the Buyer requests withdrawal from the contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within 14 (fourteen) days at the most from the date the Buyer informs the Seller of his decision to withdraw from the contract.
5.7. The seller will be able to postpone the refund of the amount until receiving the sold products or until receiving a proof according to which they have been shipped, in case he has not offered to recover the products himself (the most recent date will be taken).
5.8. If a product ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Buyer of this fact and will return to the Buyer's account the counter value of the product, within a maximum of 7 (seven) days from the date of that the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.
6.1. Bacania ROD will maintain the confidentiality of any information you provide. The disclosure of the information provided will only be possible under the conditions mentioned in this document.
6.2. No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer regarding the order without the prior written consent of the Seller.
6.3. By registering in the Seller's database, the Buyer gives his express consent, within the limits of the legislation in force, to be contacted by third parties, partners of Bacania ROD: courier service providers, other service providers in order to fulfill the purpose of the Contract concluded between Buyer and Seller.
7.1. Bacania ROD newsletters are sent through specialized partners approved by Bacania ROD. Thus, the confidentiality and security of the information are ensured.
7.2. When the Client creates an account on the website, he has the opportunity to express his agreement regarding the receipt of Newsletters.
The Customer can change his option regarding the agreement issued to the Seller at any time:
7.2.1. by contacting the Seller in this regard.
7.2.2. by changing the settings in the Customer Account.
7.2.3. by accessing the unsubscribe link displayed in the commercial messages received from the Seller.
7.3. Renunciation of receiving Newsletters does not imply renunciation of the acceptance given for this Document.
BILLING - PAYMENT
8.1. The prices of the products displayed on the website www.bacaniarod.ro include VAT according to the legislation in force.
8.2. The price, payment method and payment term are specified in each Order. The Seller will issue an invoice to the Buyer for the delivered products, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
8.3. The Seller will send the Buyer the invoice related to the Order containing the products sold by Bacania Rod in physical format, by adding the invoice to the package sent to the Buyer.
8.4. For a correct communication of the invoice related to the Order, the Buyer is obliged to update his Account data as often as necessary and to access the information and documents related to each order, existing in the Account.
8.5 The Customer's payment card data will not be accessible to the Seller and will not be stored by Bacania ROD or by the payment processor integrated into the site, but only by the transaction authorization institution or another entity authorized to provide payment services storage of card identification data, about whose identity the Buyer will be informed, prior to entering the data.
The entity authorized to provide card data storage services is EuroPayment Services SRL, a company established and operating according to Romanian legislation, registered in the Trade Register with no. J40/9950/2006, Fiscal identification code, CUI RO18773866.
8.6. In certain cases, in order to maintain the security of the transactions, when registering the Order, the Buyer will be asked to authorize the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.
8.7. For transaction security reasons, the Buyer is advised not to stay logged in on the website and not to set the automatic login option on mobile devices. Disclosure of the account access password 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).
DELIVERY OF GOODS
9.1. The seller undertakes to deliver the products in the door-to-door courier system to the buyer.
9.2. The seller will ensure the appropriate packaging of the products and will ensure the transmission of the accompanying documents.
9.3. The seller will deliver the products only on the territory of Romania.
TERMS OF VALIDITY
All products sold by Bacania ROD benefit from validity periods in accordance with the legislation in force and the commercial policies of the producers. The goods come from sources authorized by each individual producer.
TRANSFER OF OWNERSHIP OF GOODS
Ownership of the products will be transferred upon delivery, after payment has been made 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) .
12.1. By creating and using the account, the Buyer 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 the legislation in force, is responsible for the activity carried out through his account.
12.2. By creating the account and/or using the content and/or placing orders, the Buyer expressly and unequivocally accepts the Terms and Conditions of the website in the latest updated version, existing at the time of account creation.
12.3. After the creation of the account, the use of the content is equivalent to the acceptance of the changes made to the Terms and Conditions of the site and/or the updated versions of the Terms and Conditions of the Site.
12.4. The Terms and Conditions of the Site can be modified at any time by Bacania ROD, they being opposable to the Buyers from the date of display on the site. Acceptance of the Site's Terms and Conditions is confirmed by checking the appropriate checkbox on the Site and/or by sending the Order and/or by making an online payment.
REGISTRATION OF REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
13.1. The registration of Reviews, Comments, Questions and Answers can be done, by Buyers, in the "Reviews" section. The information entered can be both positive and negative, and will refer to the characteristics and how to use a product or service.
13.2. When registering a certain Review/Comment/Question/Answer on the Site, the Buyers 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.
Each Buyer, when registering a Review/Comment/Question/Answer in the mentioned sections, undertakes to comply with the following rules:
- to use appropriate, non-offensive language, without terms that may offend or affect any other User/Client/Buyer;
- to ensure that the information entered by them is realistic, correct, non-deceptive and in accordance with the applicable laws, thus respecting the rights of other parties, copyright, trademark, license or other property rights, publicity or privacy;
- not to provide or request, in any way and to any extent, personal data (contact details, information about delivery or home address, telephone numbers, email addresses, name and/or surname, etc.) or any other information that may determine the disclosure of these personal data;
- not to try to defraud the services made available by the Seller or to write Reviews/Comments/Questions/Answers that contain advertising materials;
13.3. If the Seller finds repeated violations of the Terms and Conditions, it reserves the right to suspend the possibility of the User/Client/Buyer to post Reviews/Comments/Questions or Answers in the sections "Questions and answers of clients" and " Reviews".
PERSONAL DATA PROCESSING
14.1. According to the requirements of Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, amended and supplemented, Bacania ROD has the obligation to administer in safe conditions and only for the specified purposes, the personal data you provide us.
14.2. The purpose of data collection is:
- informing Customers/Buyers regarding the status of their account including validating, shipping and invoicing orders, solving cancellations or problems of any nature related to an order, the products and/or services purchased,
- sending newsletters and/or periodic alerts, by using electronic mail (e-mail, SMS)
- market research, tracking and monitoring of sales and the behavior of the Buyer.
14.3. By completing the data in the Account and/or Order creation form, the Buyer declares and unconditionally accepts that his personal data will be included in the Seller's database, and gives his express and unequivocal consent for all this personal data to be stored, used and processed for the purpose provided above in point 14.2..
14.4. Bacania ROD can also provide the Buyer's personal data to other companies with which it is in partnership, but only on the basis of a confidentiality commitment from them and only for the purposes mentioned in point 14.3., by which it guarantees that these data are kept safe and that the provision of this personal information is made in accordance with the legislation in force, as follows: courier service providers, marketing service providers and/or payment/banking service providers.
15.1. None of the parties will be responsible for non-execution of its contractual obligations, if such non-execution on time and/or in an appropriate manner, in whole or in part, is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.
15.2. If, within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the Contract, without any of them being able to claim other damages-interests from the other.
APPLICABLE LAW - JURISDICTION
This Agreement is subject to Romanian law. Any disputes arising between Bacania ROD and the Buyers will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in the City of Bucharest.