Terms and Conditions of Use
The website www.evold.eu, hereinafter referred to as "evold.eu" or "www.evold.eu", is administered by the commercial company EVOLD Automation SRL (hereinafter referred to as the "Company" or "EVOLD"), with registered office in Bucharest, Str. Zizin, No. 8, Apt. 22, Sector 3, Postal Code 031263, with Unique Registration Code RO 46468540, EUID: ROONRC.J40/13420/2022 and Order Number in the Bucharest Trade Register: J40/13420/2022.
Browsing the “evold.eu” followed by placing an Order is equivalent to reading, understanding and accepting the Terms and Conditions of Use Document by any Customer.
The Company reserves the right to change and update at any time the Content of this Site, as well as the Terms and Conditions of Use, notifying the Client by displaying the latest update on the Site as well as in the at the bottom of each document, where the date of the last update will be entered. Any changes that significantly affect the Client in relation to the Company or possible changes brought to the processing activities of the Client's personal data, can be notified to him in the form of an e-mail, SMS or message displayed on the Site, as far as that such processing has been agreed in advance by common agreement with the Client.
This Terms and Conditions document applies to Orders made exclusively through the www.evold.eu website, as they are published at that time on Site.
1. DEFINITIONS
CONTENT has the following definition representing:
- all the information on the Site that can be visited, viewed or otherwise accessed using an electronic device (desktop, laptop, tablet, smartphone);
- The content of any e-mail sent to its Customers by the Company by electronic means and/or any other means of communication available;
- any information communicated to the Client by any means by an employee or representative of the Company, according to the contact information, specified or not by him;
- information related to the Products, Services and/or rates applied by the Company in a certain period;
- information related to the Products, Services and/or rates charged by a third party with whom the Company has concluded partnership contracts, during a certain period;
- data relating to the Company or its other privileged data.
ACCOUNT
The set of information requested by the Company, accessed through an e-mail address, name, telephone and a password, which allow the Customer access to the products available on the Site, the transmission of the Order/ Orders and which contains information about the Customer and his history on the Site (orders, tax invoices, goods guarantees, etc.).
CLIENT
The natural person or legal person who created an Account or placed at least one order on the Site.
CAMPAIGN
The act of exposing for commercial purposes, exclusively electronically and only through the Website, email/SMS messages and the Company's Facebook page or the page from other social networks, a finite number of products with a limited and predefined stock, for a limited period of time established by the Company.
DISTANCE CONTRACT
According to the law, it represents any contract concluded between the Company and the Client without the simultaneous physical presence of the two parties, with the exclusive use of one or more means of remote communication.
ORDER
Represents an electronic document that intervenes as a form of communication between the Company (as the Seller) and the Customer through which the latter expresses its intention to purchase certain Products and/or Services making their payment.
PLACE THE ORDER
Represents an automatic e-mail received by the Customer who placed an order on the Site and which contains the details of the order placed regarding the characteristics of the ordered product(s) and the price paid depending on the payment method chosen by the Customer. Placing the order represents, from a legal point of view, the moment of concluding the contract between the Company and the Client, respectively the receipt of the order by the Company.
CONFIRMATION OF ORDER
Represents an email/SMS sent by the Company to the Client at the time of invoicing and generation of the AWB related to the order. The confirmation assumes that the stock has been reserved and allocated to the order, the order is ready for delivery and is waiting for the courier to be picked up from the warehouse and delivered to the address specified by the Customer in the order.
SHOPPING BASKET
Section in the Account that allows the Customer to add products that he wants to purchase at the time of addition or at a later time. If the products are not purchased at the time of addition by placing the Order, the Customer will benefit from the product tracking service offered by the Company by receiving Commercial Communications from it.
DOCUMENT
These Terms and Conditions of Use.
MARKETPLACE
Virtual space available under certain conditions on the website of a contractual partner of the Company, through which the Company sells products under the conditions agreed with the Marketplace platform, the transactions being processed by the operator of the marketplace platform ( the contractual partner of the Company).
NEWSLETTER/ALERT (COMMERCIAL COMMUNICATIONS)
The periodic means of information, exclusively electronic, respectively e-mail or SMS, on the products, services and/or promotions carried out by the Company in a certain period.
WEBSITE/SITE
Represents the website located at www.evold.eu or evold.eu (one and the same).
SERVICE
Represents the e-commerce service carried out exclusively on the available public sections of the Website, by giving the possibility to the Clients to contract products and/or services using exclusively electronic means, including other means of remote communication (for example by telephone).
TRANSACTION
Collection or reimbursement of an amount resulting from the sale of a product/provision of a service by the Company to the Client, including by using the services of card processors agreed by the Company, regardless of the method of delivery the chosen one.
SELLER
It is the commercial company Entelion Software SRL, with Unique Registration Code RO14296144 and Trade Register Number J40/9619/2001.
2. GENERAL
2.1. By using the Site/Content/Service, the Client is responsible for the consequences arising from its use. Also, the Client is responsible for any material, intellectual, electronic or any other damage caused to the Site, the Content, the Service, the Company or any third party with whom the Company has concluded a valid contract, in accordance with the legislation in force.
2.2. In case the Client does not agree and/or does not accept and/or revokes the acceptance expressed for this Document that regulates the framework of the Company's commercial activity in relation to it:
2.2.1. The Customer has the right to send a written request, informing the Company that he does not agree with: access to the Site/Content/Service, other services or products offered by the Company through the Site, receiving newsletters/alerts of any kind and / or communications from the Company of any kind (e-mail, phone call, SMS, etc.). The Company will respond to the Client within one week at most from the date of receipt of the request, depending on the request submitted, its complexity and the legal possibility to carry it out, in agreement with the Client.
2.3. The Client can at any time revert to his decision to agree and/or accept the Document, in the form available at that time.
2.4. In order to exercise the right provided for in art 2.3, the Client can contact the Company, or can use the links from the Content accessed on the Company's Website intended for this purpose.
2.5. The customer cannot cancel an order that is in the process of delivery, or until the moment he pays the counter value of all unpaid orders to the Company. This article does not contradict the provisions regarding the Customer's right of withdrawal from the distance contract concluded with the Company.
2.6. If the Customer has paid the value of the orders placed, before the delivery by the Company of the ordered products and revokes the agreement expressed regarding the conditions of this Document during the execution of an Order, the Customer can indicate the reasons for revoking his agreement, following to establish together with The company the optimal way to solve that situation. If, following the revocation of the agreement, the Client expressly and unequivocally requests the cancellation of the ongoing orders, the Company will cancel them, following that within the term provided by law, it will return the amounts paid to the Client.
2.7. This Site is addressed to Clients who are natural persons who are at least 18 years old, who have completed the appropriate registration stages and have not been suspended or removed by the Company, regardless of the reason for the suspension or removal. The possibility of ordering online is available only to persons with domicile in Romania or who expressly indicate to the Company a delivery address on the territory of Romania. By placing an order on the Site, the Company will consider that the person (the Client) meets the aforementioned conditions.
3. CONTENT
3.1. The content, as defined above, 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 the Company or its administrator , all rights obtained in this regard directly or indirectly (through usage and/or publication licenses) being reserved.
3.2. The Customer 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 the Company, include any Content outside the Site , the removal of the insignia representing the Company's copyright on the Content as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, in the absence of express consent expressed by the Company or its administrator.
3.3. Any Content to which the Client has and/or obtains access by any means, is subject to the provisions of this Document, if the Content is not accompanied by a specific and valid user agreement concluded between the Company and the Client, which may derogate in whole or in part from the provisions of this Document, and without any implicit or express guarantee formulated by the Company with reference to that Content.
3.4. The Client may copy, transfer and/or use the Content only for personal or non-commercial use, as well as in direct relation with the Company, if this use does not conflict with the provisions of the Document and with the relevant legislation and only with prior written consent of the Company. The Company is not responsible for the way in which the Clients or other third parties (commercial companies, partners or media companies) use the Content without the Company's prior notice and consent.
3.5. In the event that the Company grants the Client or another interested third party the right to use, in the form described in a separate user agreement, a certain Content to which they have or can obtain access, the right of use concerns only that Content or parts of it , as long as the Content or its parts exist and only within the period defined in the agreement and within the limits of the agreement. The existence of a user agreement expressly concluded by the Company with a third party, or a Client, does not represent a contractual commitment on the part of the Company for that third party or Client who obtains access to the Content or to certain sections of the Site, in the sense in that the Company has the right to modify, update or complete in any way and at any time the Site or any of its sections, during or after the expiration of the user agreement.
3.6. No Content transmitted to the Client, through any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing the Site does not constitute a contractual obligation on the part of the Company and/or of one of its employees of the latter, who mediated the transfer of Content (if applicable).
3.7. Any use of the Site Content for purposes other than those expressly permitted by this Document or by the user agreement that accompanies it, if it exists, is prohibited. Violation of this section gives the Company the right to take the legal measures required against the unauthorized use of the Site Content, in order to repair or reduce the potential material and image damage caused to the Company.
3.8. Posting by the Client on the Website or on the pages of the Company's social networks does not constitute a waiver by the Company of any of its rights in relation to the Website. Apart from the conditions expressly provided in this Document, the Client does not acquire any right or title over or in connection with the Site.
3.9. All the functionalities that make up the Site, the Content and the development of these functionalities, as well as the source code in their entirety, are protected by copyright laws. Any other use, including the reproduction, modification, distribution, republishing, transmission, display or execution of the Content of this Site is not permitted without obtaining the prior written consent of the Company and/or its administrator.
3.10. With the exception of some provisions to the contrary, the Site, including all its Content such as the design, text, graphics, logos, images, audio clips, as well as other aspects related to the Site and respectively the Content, are protected by the norms regarding copyright and other laws in force at national or European level in the field of intellectual property and represents the property of the Company and its legal administrator.
3.11. The content can be modified at any time by the Company, the images, the design, the text, the graphics, the logos, the audio clips as well as other aspects related to the Site and respectively the Content having the character of a presentation suggestion.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The content of the Site, namely images, texts, web graphic elements, scripts, software, design rights, model rights, patents, trademarks, are entirely the property of the Company and its authorized suppliers in accordance with Law 8/1996 regarding copyright and related rights and the laws regarding intellectual and industrial property applicable at the European level. The use without the consent of the Company of any elements listed above is punishable according to the legislation in force.
4.2. The Company can offer the Client, through an agreement, the right to use, in the concretely described way, a certain Content of the Site. This agreement applies strictly to the Content/Contents defined, for a period established in the agreement and only to the person/persons who have been allowed to use the sections defined in the agreement. The use of any name or designation on the Site, regardless of whether or not it is a registered trademark, does not constitute advertising for the respective company, the Company does not assume responsibility and cannot be blamed for the damages caused by the use of the Site by the Clients.
5. CONTACT
5.1. The company publishes on the Website, its updated identification and contact data, for the information of the Customers.
5.2. By using the contact form or the existing links for the same purpose on the Site, the Client allows the Company to contact him by any means available and expressly agreed by the Client, exclusively for the stated commercial purpose and in order to achieve this purpose, including through accessing electronic means, respectively e-mail or mobile phone (e-mail, SMS).
5.3. Accessing the Website, using the information presented within it, visiting the pages or sending e-mails or notifications addressed to the Company is done electronically, by telephone, or through any other means of communication available to the Client. Thus, the Company will contact the Client, to receive information and/or notifications electronically and/or by telephone, including communications by e-mail, SMS or through announcements on the Site, for the execution of the contract to which the Client is a party or to respond to a requests related to an ongoing or concluded Contract, or to provide information about an order placed on the website or in the process of being placed, or about the return intention notified by the Customer or about a return already made.
5.4. For other purposes in which the Company uses the Customer's contact data electronically, such as for promotional and direct marketing purposes, the Company will request the Customer's consent. For more information, you can access the Privacy Policy.
5.5. The Company reserves the right not to respond to requests of any nature, which are not related to the products/Services present on the Site or to a contract concluded with a Customer, received by any means of communication (electronic, phone call, SMS, etc.). I make an exception from the previous paragraph for requests related to the company's personal data processing activities, as provided for in the Privacy Policy on the Site.
6. NEWSLETTERS AND ALERTS
6.1. When the Customer creates an Account on the Site or accesses the Company's Services or products through the Site, we will request the expression of prior consent regarding the receipt of newsletters and/or alerts from EVOLD, sent by electronic mail (e-mail , SMS) and/or phone call. The option regarding the agreement issued by the Client can be modified at any time, in compliance with the provisions of art. 6.3.
6.2. The data taken from the Client, for the purpose of sending newsletters and/or alerts, can be used by the Company within the limits of The confidentiality policy and the prior agreement expressed, if applicable, by the Client.
6.3. You can opt out of receiving newsletters and/or alerts at any time by:
6.3.1. Using the specially intended link within the text of any newsletters and/or alerts received (Unsubscribe);
6.3.2. Using the options available in the Customer Account, to modify the acceptance or receipt of newsletters and/or alerts;
6.3.3. Contacting the Company, using the tools available on the Site in the section Notification form, without any subsequent obligation of either party to the other.
6.4. Opting out of receiving newsletters and/or alerts does not imply waiving the acceptance granted in general for the provisions of this Document.
6.5. The Company will not include in the newsletters and/or alerts sent to the Client any other kind of advertising material in the form of Content that refers to any third party that is not a partner of the Company, at the time of sending the newsletters and/or alerts.
7. PRIVACY POLICY
By accessing and respectively using the Site, we consider that you have carefully read Privacy Policy of the Company. Before providing us with personal data (including your email address), the company will ask you to accept this policy.
8. ONLINE SALES POLICY
8.1. Access to the SERVICE
8.1.1. Access to the Company's Services is allowed to any Client who has an active account or creates a new Account.
8.1.2. In order to be allowed access to the Service, the Client will have to accept the provisions of this Terms and Conditions Document.
8.1.3. The Company reserves the right to restrict or exclude the Client's access to the Site, to the related Services and/or to some of the accepted payment methods, as well as to delete or restrict his Account within the limits of the law without sending Commercial Communications to the respective Client in the future, if he considers that based on his conduct or activity on the Site, the access and existence of the Customer's Account could harm or harm in any way the Company, its Partners or other Customers.
8.1.4. Any restriction or exclusion action will be carried out with the notification of the Client on whom the measure was applied, providing the supporting information deemed necessary by the company.
8.1.5. A Customer can have only one Account. The use of one Account by several Customers is prohibited.
8.1.5. In the event that the Company detects irregularities and/or violations of any kind of the provisions of this chapter, which lead to prejudice or disruption in any way to the Company's activity, it reserves the right, at its own discretion, to cancel, limit, restrict, suspend or excludes the Client's access to the Content or Service, in whole or in part, respecting the provisions of art. 8.1.4 regarding the notification to the Client.
8.2. Payment methods
For the purchase of existing products on the SITE, we offer our customers the following payment methods, available by accessing the following link: How I pay.
8.3. Products and services
8.3.1. The Company may publish on the Site information about products, Services and/or promotions practiced by the Company or by any other third party with whom the Company has concluded partnership contracts, during a certain period and within the stock limit available.
8.3.2. The rates displayed on the Site crossed by a line mean the last price at which the product was sold in commercial spaces without a discount applied for the respective product. The cut-off price is the price recommended by the product manufacturer, this rate being known as the mark-up price, price-list or recommended retail price or list price. These rates are purely informative and have no legal value.
8.3.3. In order for the Company to comply with the legislation in force, respectively in order not to communicate false or misleading prices or price reductions to the Customers, the manufacturer/supplier of the products must send the Company supporting documents confirming the accuracy of the recommended price. In any case, the Company is free to set the price and price reduction applicable to the products sold on the Site, without the supplier or manufacturer imposing, directly or indirectly, the selling price of a product.
8.3.4. The prices will be displayed in the national currency LEI, including VAT, as well as the price reductions, and the reference currency for the calculation, payment and invoicing of the ordered products will be the local currency LEI.
8.3.5. In the event of placing an order using a card in EUR or another international currency, the bank issuing your card can convert the amount paid for the products purchased on the Site into LEI, with the possibility that the bank may charge a currency exchange fee. Thus, it is your obligation to inform yourself about the existence of such a commission before placing an order on the Site. The company is not responsible for the lack of information of its Customers. For clarification, in the case of online payments, the Company is not/cannot be held responsible for any other additional costs incurred by the Customer, including but not limited to currency conversion fees applied by the bank issuing its card, if the currency of issuing the card differs from the LEI currency. The responsibility for this action is borne by the Client alone.
8.3.6. The invoicing of the purchased products is done exclusively in LEI. If the payment is made by bank card, the Company will debit the Customer's current account with the amounts representing the value of the ordered products, after sending the order confirmation to the latter.
8.3.7. All the information used to describe or present the products and/or Services available on the Site, on the Company's Facebook page or on the company's pages in other social networks (static images/campaign banners/dynamic images/multimedia presentations) do not represent an obligation the Company's contractual obligation to keep the respective products in stock or the same identical products from the point of view of essential characteristics (color, model, etc.), these being used exclusively for presentation purposes.
8.3.8. In the description of the products and/or Services, the Company reserves the right to use other products (accessories/etc.) that may not be included in the costs of the respective products.
8.4. Command
8.4.1. The customer can place orders for products sold at a given time, exclusively on the Site, by adding the desired product/products to the shopping cart, then completing the order by paying through one of the payment methods expressly indicated. Once added to the shopping cart, a product is available for purchase as long as the Campaign is active and there is stock available for it. Adding a product to the shopping cart without completing the order does not entail the automatic reservation of the respective product. If the product added to the shopping cart is no longer in stock, we will notify you when you access the shopping cart about the new status of the selected product.
8.4.2. By completing the order, the Customer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the order, named in this document and the order issued.
8.4.3. By completing the order, the Client agrees that he can be contacted by the Company, by any means communicated when the account was created and that is available, provided in this Document, in any situation in which it is necessary to contact the Client.
8.4.4. The Company can unilaterally cancel the order made by the Customer, following a prior notification addressed to the Customer, 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:
8.4.4.1. non-acceptance by the issuing bank of the Client's card, of the Transaction, in the case of online payment;
8.4.4.2. invalidation of the Transaction by the card processor approved by the Company, in the case of online payment;
8.4.4.3. the data provided by the Customer on the Site are incomplete, leading to the impossibility of completing or processing the order, or are incorrect;
8.4.4.4. the Client's activity on the Site can and/or causes damages of any kind, or damages EVOLD and/or its partners in any way;
8.4.4.5 making more than two consecutive failed delivery attempts;
8.4.4.6 lack of stock for the ordered Product;
8.4.5. The customer can cancel an order placed, under the conditions provided in art. 11 of the Governmental Emergency Ordinance no. 34 of 2014 regarding the rights of consumers within the contracts concluded with professionals, as well as for the modification and completion of some normative acts.
8.4.6. If the Customer cancels within the legal term of withdrawal from the contract, an order made with payment using a bank card and in which the bank issuing the Customer's card has transferred the amounts paid to the Company's account, this amount will be returned by the Company not later than 14 days from the date on which the latter became aware of the Customer's intention to cancel the order and in any case, after receiving the returned product. For the reimbursement by the Company of the amounts paid, the same payment methods will be used as those used by the Client for the initial transaction, with the exception of the case in which the Client paid cash on delivery to the courier, in which case the amount will be transferred back to the Customer through the bank account.
8.4.7. In the event that a product ordered by the Customer, making a payment by bank card in advance, cannot be delivered by the Company, the latter will inform the Customer of this fact and will return to his account the counter value of the products, within the term stipulated in art. . 8.4.6, calculated from the date on which the Company became aware of this fact or from the date on which the Client expressly expressed his intention to withdraw from the contract (see the Return Policy under art. 11).
8.4.8. If the Customer requests the cancellation of an order paid with the card, the conditions provided for the right of withdrawal in the Return Policy chapter will apply. After placing the orders, they cannot be modified by the Customer.
8.4.9. If the Customer has made a change to the order according to art 8.4.8, and the value of his new order is lower than the value of the products/Services initially ordered, the Company will return to the Customer's account the amount representing the difference between the value of the initial order and the new order , within a maximum of 14 days from the date on which the Company became aware of this fact.
8.4.10. The delivery details of the products including but not limited to the necessary delivery time do not constitute a contractual obligation on the part of the Company, with the exception of the obligation provided by law to deliver the pods ordered within the legal term of 30 days from the date of the conclusion of the distance contract .
8.4.11. If a Customer modifies his personal data, using the forms available on the Site, all orders in progress existing at that time, keep the data defined/accepted by the Customer after the moment of making the change, taking into account for delivery and contact the new data modified accordingly.
8.4.12. The company makes all the necessary efforts in order to provide correct information regarding the price and characteristics of the products displayed for sale on the Site. However, in the digital environment, system errors can occur at any time, without being generated by the Company, and cannot always be controlled by it. System errors can affect the proper functioning of the Website, bringing changes to the prices or characteristics of the products, which may be displayed incorrectly. In case of registration of an order with a derisory price compared to the actual price of the respective product, the Company has the right not to honor the respective order, which it will cancel, with the subsequent information of the Customer. In case of registering an order for a product with incorrect characteristics (color, size), the Company will make every effort to deliver to the Buyer a product with characteristics as close as possible to those presented at the time of placing the order. Thus, the Company cannot be held responsible for system errors that are not generated by its actions, thus requiring its Clients to approach a condition of good faith, understanding and cooperation with and towards the Company.
8.5. Contract and completion
8.5.1. The company will include in the package sent to the Customer, depending on the type of each product, all the necessary documents to certify the purchase of the products by the Customer. Additionally, the Company can include advertising materials in the package to promote its own products or campaigns (or those of third-party partners) as well as gifts aimed at customer loyalty.
8.5.2. The Company will facilitate informing the Client about the processing stage of his order.
8.5.3. The contract to which are added the Company's documents certifying the delivery to the Customer of the products contracted by him, becomes an honored contract.
8.6. Transport
8.6.1. The delivery of the purchased products/Services to the Customer is carried out by means of a fast courier company. The fast courier company/companies process the personal data of the Company's Client, exclusively for the provision of transport services for the products purchased by them from the Company's website and only in full compliance with this website Terms and Conditions of Use document the company. Also, the potential third-party partners of the express courier company, mandated for the fulfillment of transport services, which process personal data of the Company's Customers, are required to strictly comply with the terms and conditions of the law regarding the safety of personal data processing and of this document Terms and Conditions of use of the Company's website, by concluding Personal Data Processing Agreements with the courier companies. In this sense, the courier company can contact the Company's Customers through any contractually agreed means of communication (e-mail, telephone, SMS) within the limits and for the purpose provided for in this article. The company has concluded partnerships with courier companies that ensure delivery on the territory of Romania in the localities where the partner carriers have delivery points, but also with courier companies that ensure delivery on the territory of the European Union.
8.6.2. The delivery will be made on average as quickly as possible and, in any case, within the legal term provided by law, namely 30 working days from the confirmation of the order by the Company. If the product will be delivered after the above-mentioned deadline, the Company will inform the Customer by e-mail, applying the provisions of art. 8.4.7.
8.6.3. All products sold on the Site are delivered on the territory of Romania.
8.6.4. The delivery costs are borne by the Customer regardless of the size or number of parcels, with the exception of cases where the delivery costs are borne by the Company as part of a promotion or a loyalty or promotion campaign.
8.7. Quality and guarantees
8.7.1. If applicable, each product sold by the Company benefits from the warranty period mentioned as the case may be, in the product's warranty certificate and in full compliance with Law 449/2003 on the sale of products and their associated guarantees, republished and updated. Details about the characteristic features of each product are provided on its presentation page. Information on the Warranty Terms and Conditions is available in the Warranty section or in the form of a brochure or a document, included in each package. No Customer can request an extended warranty in other terms and conditions and/or a warranty valid for a longer term than that stipulated in the documents mentioned in this article. The guarantee offered by the Company is issued in accordance with the legislation in force and is based on the Company obtaining supporting documents for the quality/duration of use of the products sold, if applicable, certificates of authenticity and/or compliance, directly from the manufacturer and / or the manufacturer's authorized distributors.
8.7.2. Each product sold by the Company benefits from a guarantee of conformity according to the provisions of Law 449/2003, and according to the above provision, including for cases where the information regarding the quality of the products offered by the product manufacturer is missing.
In accordance with art. 11 of Law 449/2003, each Customer can request, in case of non-compliance, the repair, replacement of the product, within the limit of the available stock, or the return of its value. Also, the Client benefits from the terms stipulated in Chapter V of Law 449/2003.
8.7.3. If the Company cannot execute the contract because the product is not available, it will inform the Customer about this unavailability, on the date when the Company becomes aware of this case.
8.7.3. In the event of exceeding the delivery term indicated in art. 8.6.2, the Company will inform the Customer by e-mail/telephone/SMS and may agree with him to extend the delivery term by a period that will not exceed the initially stipulated delivery term. If, within the new mutually agreed period, the product will be unavailable for delivery, the Customer can request the termination of the remote contract and the cancellation of the order. The customer has at his disposal a period of 3 working days from the date of issuance of the information notice to express his option regarding the ordered product. The Company's failure to receive a response from the Customer within the specified term will be considered a tacit acceptance of the latter for the extension of the delivery period. In all cases where the Customer expresses his option in writing to terminate the contract and cancel the order, if the product has already been paid by him, the Company will return the amounts paid according to art. 8.4.7.
9. MARKETPLACE
9.1. The company sells products on the online platforms of its partners in the “marketplace” regime. Thus, the Company is not a representative of its contractual partner that owns and manages the marketplace platform, the Company and it being two independent companies, the Company's employees and representatives not being authorized to make promises or grant any guarantee on behalf and on behalf of the contractual partner.
9.2. The Company remains responsible for the quality of the products sold or the related services provided by it, but the responsibility of informing about the conditions for placing orders for the purchase of the Company's products on the marketplace platform rests with each Client.
9.3. The customer understands that EVOLD sells products in the marketplace, by fulfilling conditions imposed by the contractual partner that hosts it. The information published regarding the products sold, such as data, text, information, names of companies or persons, graphics, images, photos, profiles, audio, video, displayed articles and posted LINKs are displayed by the Company, but the limitations or their technical display conditions, such as the size of the product photos or the space allocated for the description of the products sold, are or may be imposed by the contractual partner.
9.4. To order products from the marketplace, the natural or legal person who wants to access the Company's products or services must create a Customer account. The products sold by the Company on the marketplace platform can be ordered by any method available to the Customer on the marketplace platform, and the terms of sale, delivery fees, return policy and fees, as well as product guarantees applicable to orders placed through the marketplace platform, are those of the Company, if not provided differently in the information on the Company's products page on the marketplace platform.
9.5. Both products sold by the marketplace partner and by the Company can be placed in the shopping cart, and under each automatically created product group, the taxes related to the order and links to the commercial policies of each company should be provided.
9.6. Payment for the products ordered from the marketplace platform is possible through the means made available within the platform (for example online card, cash on delivery, interest-free installments, OP). Together with the ordered products, each company with which the Customer has concluded a transaction will issue an invoice. If the Customer opts for cash on delivery payment, each invoice will be paid separately when the ordered products are delivered, and the payment will be made to the courier who delivered the products.
9.7. The delivery of the products ordered from the Company through the marketplace platform will be delivered by the Company through the means of delivery made available by the latter. The documents related to the products purchased from the Company through the marketplace platform (invoice, warranty certificate, etc.) are delivered by the partner together with the ordered products. The customer can view, on the page dedicated to the Company within the marketplace platform, what are the delivery conditions and respectively the delivery fees together with any freebies, promotions and campaigns existing at a given time.
9.8. In the case of placing simultaneous orders through the marketplace platform, both from the Company and from other partners of the marketplace platform, a separate package will be delivered to the Customer for each order placed depending on the company with which the Customer concluded a distance contract .
10. Promotional campaigns
10.1. Promotional codes. The company can offer promotional codes by organizing promotions valid exclusively for the section mentioned in the code transmission e-mail, unless otherwise specified. The promotional codes are applied to the expressly indicated products. Promotional codes can be used exclusively at the time of placing the Order and cannot be used to reduce its value after the Order has been placed.
10.2. Only one promotional code can be used in an Order, considering that the section for placing the Order does not allow the use of several codes within the same Order. For the eligibility for a promotion, the value of the transport is not taken into account, except when it is specified otherwise in the conditions of the promotion. Promotions that have as their object free or reduced shipping costs are applied for each delivery.
10.3. In case a promotional code was applied in an Order that could not be honored or was canceled for any reason due to the exclusive fault of the Company, the Customer has the right to request the reactivation of the respective promotional code, exclusively in writing, through an e-mail to help@evold.ro, sending the information requested by the Company in order to reactivate the promotional code. The promotional code is reactivated for a limited period of time expressly specified on the date of receipt of the promotional code.
10.4. The promotions carried out on the www.evold.ro website are not cumulative, the biggest discount is applied. This is valid for any form of discount (loyalty cards, promotional codes, gift vouchers, percentage discounts on the Site, etc.) as a rule, with the exception of situations where it is mentioned otherwise in the promotion. Also, in the case of the existence of a percentage voucher, the holder of such a voucher cannot benefit from the cumulative discount conferred by the application of the percentage voucher to the already existing discount within a promotion. Certain promotional campaigns cannot be combined with other discounts, promotions or loyalty actions. This is specified in the regulations of the respective campaign.
10.5. The company establishes unilaterally or in collaboration with certain of its suppliers the regulations of the promotions and contests it organizes, these being published exclusively on the Site. Promotions are applied to Orders that fully comply with the rules displayed on the Site, within the validity period clearly mentioned and within the limit of available stock.
10.6. Interruption of the promotional campaign. In the case of a promotional Campaign organized by the Company, it, as the organizer, reserves the right to interrupt the Promotional Campaign at any time during its development, with prior information to the consumers through appropriate means of communication (display on the Website, signage in the store, etc.). The organizer reserves the right to modify any of the conditions established in the respective campaign regulations, during the campaign, for valid reasons, but not before notifying the public about these changes.
10.7. Vouchers/coupons/promotional codes
10.7.1. General provisions
Voucher represents a promotional code, respectively a promotional coupon. Each voucher is identified by a voucher code and has various requirements to be valid and applicable. Please check carefully all the details and information on the voucher so that the discount can be granted.
The value of each voucher is specified on it.
Transport and handling fees apply to any product purchased, regardless of value, if in promotions, regulations, etc. it is not stipulated otherwise. Thus, if a voucher imposes a certain minimum purchase value of some products, the transport, handling, etc. it also applies to these products. A voucher cannot be used to pay for taxes, delivery, handling or other Services, unless otherwise agreed.
Any item, regardless of the promotion, will have a minimum value. The company cannot sell products with zero value.
The customer will pay the tax to which he is obliged by law depending on the promotion.
The vouchers are only valid if they are used on the www.evold.eu website.
Vouchers prohibited by law will be considered void.
Vouchers are not intended for resale and cannot be converted into money.
Vouchers cannot be replaced if they are lost, stolen or destroyed.
All the provisions related to fraud, mentioned on the www.evold.eu website, are fully applicable in terms of fraud related to vouchers and the attempted fraud will be brought to the attention of the competent bodies.
10.7.2 The company establishes the regulations of the promotions and contests it organizes. These regulations are brought to the attention of potential participants through the own Website or on the official pages of the Facebook social network or other social networks that the Company manages, as well as upon request at the Company's headquarters.
Orders that fully comply with the participation rules of the contest with prizes, the promotion or the campaign, will be taken into account for awarding the prize or related benefit. Orders containing discount vouchers or value vouchers cannot be combined with other orders.
The company can cancel a promotion without prior notification for reasons beyond its control, such as technical faults in the system or software/hardware defects, and will inform the Customer as soon as possible about the reason that caused the cancellation of the promotion or the respective campaign.
Discount vouchers from the same promotional campaign are not cumulative, only one discount/order is applied.
10.7.3. Application conditions
Each voucher will be limited so that the use of several vouchers with the same code is not allowed, unless otherwise provided in the Campaign.
Any promotion to which discount vouchers are applied is limited to one voucher per natural person or legal entity (identified as Customer).
Each voucher is limited to a single use and is valid for a limited period of time, as will be mentioned in this document, in the e-mail by which the voucher is granted and in the "vouchers" section of the Customer account, or as mentioned in each separate promotion/offer. The company reserves the right to modify or cancel these vouchers at any time, with the subsequent information of the Customers and respecting the rights of the Customers who are already in possession of valid and legally obtained vouchers. No voucher can be applied to other promotions/offers except those strictly mentioned in the respective offer.
If the products for which the voucher was granted and for which the Customer qualified for the promotion were not purchased, the voucher cannot be applied. For example, vouchers granted for certain products that are later canceled/returned by the Customer cannot be considered valid, they only have effects as a discount applied to those products actually paid for.
The voucher applies only to the products/categories expressly mentioned as being eligible in the promotion.
Promotional offers cannot be combined in the same order. Only one discount voucher can be used per order.
In the case of orders containing several products, the value of the discount voucher is allocated to each product depending on the weighted value of that product from the total value of the order, excluding transport, handling and other Services fees.
Any voucher will be valid starting from the date of its application as a discount on the order already made. A voucher cannot be applied to an order placed in the past.
10.7.4. Cancellation, refusal, order return
In the case of returning products purchased with a voucher, the discount granted will be withheld from the value of the return if that order no longer meets the conditions for applying the voucher.
If an order to which a voucher discount has been applied is cancelled, rejected or returned in full, the Customer will be refunded the full amount paid and the voucher will lose its validity and cannot be reactivated.
If an order to which a voucher discount has been applied and contains several products is cancelled, rejected or partially returned, the discount granted by applying the voucher cannot be applied to the other products remaining in the order if the value of the order does not comply with the conditions of the offer/promotion. The company will not refund the value allocated from the voucher for canceled, rejected or returned products that are part of an order with multiple products. The customer will be refunded the amount he paid for the products.
11. PRODUCTS RETURN
To view the rules applicable to the return of products ordered online, access Return policy and return form, document that is an integral part of this remote contract.
12. FRAUD
12.1. The company does not ask the Client by any means of communication (e-mail/telephone/SMS, etc.) for information regarding confidential data, bank accounts/cards or personal passwords.
12.2. The customer assumes full responsibility for disclosing his confidential data to any third party.
12.3. The Company declines any responsibility, in the event that the Client is harmed in any way by a third party who claims to be a representative of the Company or to represent its interests.
12.4. The Customer will inform the Company about such attempts, using the contact details or the Report form .
12.5. The company does not promote SPAM. Any Customer who has explicitly provided his email address on the SITE may opt to deactivate the Customer Account related to this email address, with the fulfillment of the conditions mentioned in art. 6.3. of this Document.
12.6. The communications made by the Company through electronic means of remote communication (ie e-mail) contain complete and compliant identification data of the sender or links to them, on the date of transmission of the Content.
12.7. The following purposes, once achieved, will be considered an attempt to defraud the Site/Content and/or the Company, the latter reserving the right to initiate criminal prosecution against the person or persons who tried to, or (u) achieved this goal(s):
12.7.1. Accessing any type of data of another Customer by using an account or by any other method;
12.7.2. Alteration or modification of the Site Content or any correspondence sent by any means by the Company to the Client;
12.7.3. Affecting the performance of the server/servers on which the Site runs;
12.7.4. Accessing or disclosing to any third party who does not have the necessary legal authority, the Content sent by any means by the Company to the Client when he is not the legitimate recipient of the Content.
12.7.5. Placing false Orders, to non-existent addresses, using false delivery details or without the recipient's consent.
13. LIMITATION OF LIABILITY
13.1. The Company cannot be held responsible in any way towards any Client who uses the Site or its Content, other than within the limits of the articles constituting the Terms and Conditions of Use and the Policies published on the website, with the exception of situations where the Company violates the law in force.
13.2. In case a Customer considers that a Content sent by any means by the Company violates copyright rights or any other rights, he can contact the Company for details, according to the contact details, so that it from he was going to be able to make a decision in the knowledge of the case.
13.3. The company does not guarantee natural or legal persons access to the Site or the Service, in the absence of registration by the latter by going through the registration steps on the Site, and does not grant them the right to download or modify partially and/or fully the Content, to partially or fully reproduce the Content, to copy, or to exploit any Content in any other way, or to transfer to any third party any Content to which it has and/or has obtained access, based on a user agreement, without the consent prior written consent of the Company.
13.4. The Company is not responsible for the Content, quality or nature of other Sites that are reached through links from the Content, regardless of the nature of these links. For the respective Sites, the responsibility is fully borne by their owners.
13.5. The Company is exonerated from any fault in the case of the use of the Site and/or the Content transmitted to the Client, by any means (electronic, telephone, etc.), through the Site, e-mail or an employee of the Company, when this use of the Content may or may cause damage of any kind to the Client and/or to any third party involved in this transfer of Content.
13.6. The company does not offer any direct or indirect guarantees that:
13.6.1. The service will be according to the Customer's requirements;
13.6.2. The Service will be uninterrupted, secure or error-free of any kind;
13.6.3. If applicable, the products/services obtained free of charge or for a fee through the Site will correspond to the requirements or expectations of the Client;
13.6.4. The website or any related service offered in the online environment, will be continuous, free of errors generated by the computer systems used by the Company or operating errors of the Internet network or other operating errors originating from the contractual relationship that the company has with various partners (electricity provider, internet network provider, etc.).
13.7. Within the limits of the Terms and Conditions, the operators, administrators and/or owners of the Site are not in any way responsible for their relationships or consequences resulting from, but not limited to, purchases, special offers, promotions, promotions, or any other type of relationship/connection/transaction/collaboration/etc. that may appear between the Client and any of those who promote themselves directly or indirectly through the Site.
13.8. Promotional materials (including but not limited to campaign banners), used to present each campaign on the Website and/or on the Company's Facebook page, have the exclusive character of brand promotion, without the use of banners being interpreted as an obligation assumed by the Company to effectively hold in stock for trade purposes, the products that appear or may appear within them. Thus, only the products presented on the Site, having indicated the sale price and their characteristics, serve the commercial purposes of the Company and are thus available for sale.
14. FRTA MAJORA AND CASE FORTUIT
14.1. Except for the cases in which they have not expressly provided otherwise, none of the parties to a concluded contract, which is still in progress, will be responsible for the non-execution on time and/or in an appropriate manner, in whole or in part, of any of the obligations that it is incumbent on him based on the contract, if the non-execution of the respective obligation was caused by a force majeure event.
14.2. The party or the legal representative of the party that invokes the event mentioned above, will immediately and fully inform the other party of its occurrence and will take any measures available to limit the consequences of that event.
14.3. The party or the legal representative of the party that invokes the event mentioned above is exempted from this obligation only if the event prevents it from completing it.
14.4. If, within 15 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 this contract without any of them being able to claim other damages-interests from the other.
14.5. The party invoking the force majeure event must prove the impossibility of fulfilling the obligations within 30 days from the date of occurrence of the event, but within the limits of art. 13.3.
15. DISPUTES
15.1. By using/visiting/viewing/etc the Site and/or any Content sent by the Company to the Client by accessing and/or sending by any means (electronic, telephone, etc.), he declares his agreement with the provisions of the Terms and Conditions of Use.
15.2. Any dispute with reference to these Terms and Conditions that could arise between the Client and the Company will be resolved amicably, the parties submitting all the necessary diligence in this regard.
15.3. Any dispute, of any kind, that could arise between the Client and the Company or the company's partners, will be resolved amicably. If this will not be possible, the conflict will be resolved by an authorized mediator agreed by both parties in dispute, and if the mediation does not resolve the dispute, the dispute will be referred to the competent courts at the Company's headquarters, in accordance with Romanian laws in force.
15.4. If any of the above clauses is found to be void or invalid, regardless of the cause, this clause will not affect the validity of the other clauses.
15.5. This document has been drafted and will be interpreted in accordance with Romanian legislation.
16. FINAL PROVISIONS
16.1. The Company reserves the right to make any changes to these provisions, as well as any changes to the Site/its structure/Service as well as any Content without prior notification to the Client.
16.2. Within the limits of the Terms and Conditions of Use, the Company cannot be held responsible for any errors that may appear on the Site for any reason, including changes, settings, etc., which are not made by the Site administrator.
16.3. The company reserves the right to insert advertising banners of any nature and/or links on any page of the Site, in compliance with the legislation in force.
17. FEEDBACK
17.1. If there are questions or suggestions regarding the Company, please contact us by email at help@evold.ro or using the contact form in "My Account".
17.2. Any observations, questions, feedback, ideas, suggestions or other communications or information about or relating to the Website or the Company's activity, its functionality or improvement will become and remain the property of SC EVOLD Automation SRL, from the date of their transmission to the Company, regardless of the means of communication used.
Version 1.1.2 dated 01.06.2020