General terms and conditions regarding the contractual
relations between consumers and CANDY LAND BUSINESS SRL
The terms and conditions below regulate the relations between you, as consumer and subscriber CANDY LAND BUSINESS SRL, Romanian legal entity, based in BUCHAREST DISTRICT 3, INTRAREA PARULUI, NO. 32, BLOCK 59, SCALE 1, FLOOR 1, AP. 8, registered in the Trade Register attached to the Bucharest Tribunal under no. J40 / 4106 / 17.03.2016, having registration code RO 35825108, as seller, hereinafter referred to as "Seller".
You, as a consumer, an individual, declaring that you are over 18 years of age, hereinafter referred to as "the Buyer", purchase from the Seller the products distributed by it, in consideration of these general terms and conditions ("TCG"). Therefore, you have all the rights and obligations provided in the TCG and in the Contract (as this term is defined below).
Hereinafter, the
Seller and the Buyer are referred to as the "Party" and collectively
the "Parties".
These TCGs are drafted
with a view to
A. the provisions
of the Emergency Ordinance no. 34/2014 on consumer rights in contracts
concluded with professionals, as well as for amending and supplementing some
normative acts (“GEO 34/2014”),
B. Buyer's order
addressed to the Seller for the purchase of the Product (s) (term defined
below),
C. the fact that
as a result of the Buyer's Order a distance sale-purchase contract was
concluded between him and the Seller according to the provisions of GEO 34/2014
and the Romanian Civil Code,
D. TCGs are
published by the Seller on its website candyland.ro in the
CANDYLAND.RO/terms section and have been accepted by the Buyer
as a result of placing the Order,
E. according to
the provisions of Art. 8 para. (6) and al. (7) of GEO 34/2014, the Buyer
confirms that he has received the Contract together with the ordered Product /
Products;
F. according to
the provisions of Art. 8 para. (9) of GEO 34/2014, the contract between the
Seller and the Remote Buyer is concluded when the Seller has accepted the
Buyer's Order, so that TCG represents the material support which includes the
contractual conditions agreed by the Buyer at the time of placing the Order to
the Seller.
I.Definitions
The terms below will have the meaning according to the related definition, TCG does not expressly establish in the Contract another definition or, if after the conclusion of the Contract the Seller publishes on its website candyland.ro to the section CANDYLAND.RO/terms another definition.
a. Warranty
certificate - the guarantee certificate delivered by the Seller in the Package,
together with the Product / Products ordered by the Buyer and in which the
conditions for granting the guarantee and the Warranty Term are specified; As
an exception, it can be offered in electronic format by e-mail or by
downloading from the Seller's website, depending on the Product. In situations
where the Warranty Certificate does not accompany the Product upon delivery,
the Buyer may obtain a free copy of it upon simple request in electronic or
material format, as appropriate;
b. Parcel -
the protective packaging in which the Product or Products are delivered by the
Seller to the Buyer. For clarity, the Package may differ from the original
packaging of the Products;
c. Command -
the Buyer's request addressed to the Seller by telephone and / or through the
Seller's website or placed by e-mail, to buy a certain Product or several
Products distributed or sold by the Seller;
d. consumer -
any natural person or group of natural persons constituted in associations, as
defined in Art. 2 point 2 of the Government Ordinance no. 21/1992 on consumer
protection, republished, with subsequent amendments and completions (“GEO
21/1992”); If the Buyer is a natural person, he has the quality of consumer;
e. The
contract) - means a distance sale-purchase contract, concluded between the
Seller and the Buyer within an organized distance sales system, in this case by
telephone or via the Internet, without the simultaneous physical presence of
the Parties, with the exclusive use of one or more means distance
communication, up to and including when the Contract is concluded, under which
the Seller transfers or undertakes to transfer ownership of some Products to
the Buyer, and the latter pays or undertakes to pay their price, including any
contract which has as object both products and services; these TCG are an
integral part of the Contract;
f. Contract
Conclusion Date - the date on which the Seller expressly accepted and
undertook to execute the Buyer's Order;
g. date of
minimum durability - the date established by the producer, until which a
food product retains its specific characteristics in appropriate storage
conditions; products for which the date of minimum durability is set are not
dangerous even after this date;
h.Declaration
of conformity - the statement made by the manufacturer by which he informs,
on his own responsibility, about the fact that a Product or a service complies
with a normative technical document;
i. distributor-
any economic operator in the marketing chain, whose activity does not influence
the security characteristics of the Product. For clarity, the Seller is in
principle a distributor in the relationship with you;
j. Average
Duration of Use - the time interval, established in normative technical
documents or declared by the Manufacturer, within which the Durable Products
must maintain their functional characteristics, if the conditions of transport,
handling, storage and operation have been observed;
k. commercial
guarantee - any commitment on the part of the professional or of a producer
(as guarantor) towards the consumer, in addition to the legal obligations
provided in Art. 5-14 of Law no. 449/2003 on the sale of products and
associated guarantees, republished, with subsequent amendments and completions
("Law 449/2003"), regarding the legal guarantee of conformity, to
reimburse the price paid or to replace, repair or maintain the products in any
case, if they do not meet the specifications or any other requirement in the
warranty statement or in the relevant publicity available at the time or before
the conclusion of the contract, the requirement is not related to compliance;
it. legal
guarantee of conformity - the legal protection of the Buyer resulting from
the effect of the law in relation to the lack of conformity, representing the
legal obligation of the Seller to the Buyer to, without requesting additional
costs, to bring the Product into conformity, including refund of the price paid
by the Buyer, repair or replacement of the Product. if it does not correspond
to the conditions set out in the warranty statements or in the related
advertising;
m. Product-
any movable tangible property distributed and delivered by the Seller and which
has been ordered by the Buyer, so that the parties have concluded the Contract;
n. products
made according to the Buyer's specifications- any products that are not
prefabricated, made based on individual options or the customer's decision. The
seller does not distribute such products;
a. The
products are in compliance with the Contract if one of the following
conditions is met: (i) they correspond to the description made by the Seller
and have the qualities described on the Seller's website and / or mentioned in
the Seller's advertisements and / or in the Declaration of Conformity and / or
on the Products leaflet. , as the case; (ii) correspond to any specific purpose
requested by the Buyer, a purpose made known to the Seller and accepted by him
at the conclusion of the Contract; (iii) correspond to the purposes for which
Products of the same type are normally used; (iv) being of the same type,
presents normal quality and performance parameters, which the Buyer can
reasonably expect, given the nature of the Product and the public statements
regarding its concrete characteristics, made by the Seller, by the Manufacturer
or his representative, in particular by advertising or by inscription on the
Product label. It is not considered to be a lack of conformity if at the time
of concluding the Contract, or before the delivery to the Buyer of the Product,
the latter knew or could not, reasonably, not know this lack of conformity or
if the lack of conformity has origin in the materials provided by the Buyer;
p. Product
with Defects- The product for which the presentation method, the
foreseeable use and the date of purchase do not offer safety, causing damages
to the Buyer;
q. Long Use
Product- the relatively complex product, consisting of parts and
subassemblies, designed and built to be used for the average duration of use
and on which repairs or maintenance activities can be performed;
r. safe
product- The product which, used under normal or foreseeable conditions,
according to the manufacturer's instructions, does not present risks or which
presents minimal risks, taking into account its use; the risk is considered
acceptable and compatible with a high degree of protection for the safety and
health of consumers, depending on the following aspects: (i) the
characteristics of the Product, of the packaging and of the assembly and
maintenance instructions; (ii) the effect on other Products with which it may
be used; (iii) the presentation of the Product, the labeling, the instructions
for use and any other indications and information provided by the manufacturer;
(iv) the category of consumers exposed to the risk by using the Product;
s. Producer-
the manufacturer of the Product purchased by the Buyer and distributed by the
Seller. However, the manufacturer can be any other person who imports a product
for sale, rent, purchase or other form of alienation in its own trading
activity within the company, being considered its producer and is equally
liable as producer;
t. professional-
any natural or legal person, public or private, who acts in the course of his
commercial, industrial or production activity, artisanal or liberal in
connection with the contracts, as well as any person who acts for the same
purpose, in his name or on his behalf;
u. reparation-
in case of non-conformity, it means bringing the Product in accordance with its
technical specifications published on the Seller's website and which the Buyer
knew when he placed the Order;
v. Warranty
period- the time limit, which runs from the date of acquisition of the
Product until which the manufacturer assumes the responsibility of repairing or
replacing the Product at his expense, if the deficiencies are in no way
attributable to the Buyer;
w. Terms of
validity- the time limit, established by the manufacturer, until which a
perishable Product or a Product that in a short time may present an immediate
danger to the Buyer's health retains its specific characteristics, if the
conditions of transport, handling, storage and storage have been observed; for
food products it represents the expiration date;
x. carrier-
the company that provides transport services and delivers the package to the
Buyer
y. Seller-
subscribed, namely the distributor who offers the Product to the Buyer;
z. Hidden vice-
the qualitative deficiency of a Product delivered to the Buyer that was not
known and could not be known by the Buyer through the usual means of verification.
II.Buyer information
2.1 The Buyer, by
placing the Order, declares that prior to the conclusion of the Contract,
considering the fact that it is concluded at a distance, he has been informed
by the Seller about all aspects regarding the contractual relations between the
Parties, as well as about the Products.
2.2 For this
purpose, the Seller has published on its website candyland.ro all the
information provided by the relevant legislation, and also, the Buyer declares
that he has taken note of this information. Therefore, the Buyer declares that
the information has been provided by the Seller in a clear and intelligible
manner, the Buyer also declaring that he knows, understands and assumes:
2.2.1 the main
characteristics of the Products;
2.2.2 the
identity of the Seller and the ways of contacting him;
2.2.3 the fact
that in the situation where the Buyer contacts by phone the Seller for the
conclusion of the Contract, the latter communicated to the Buyer his identity
as well as the identity of the Seller's operator who takes over the Order.
Also, in these situations, the Seller confirmed his offer to the Buyer and the
latter expressed his consent to conclude the Contract, according to the
telephone discussion that is recorded or by any other means by which the
Buyer's consent can be retained and kept;
2.2.4 The total
price (as defined in these GTC) of the Products with all taxes included and, as
the case may be, all additional costs of transport, delivery, postage or any
other nature or, fees and bank charges, all of which will be borne by the
Buyer;
2.2.5 the fact
that the conclusion of the Contract implies on the part of the Buyer an
obligation to pay;
2.2.6 the
validity period of the offer or of the prices;
2.2.7 the basic
tariff for the use of means of distance communication in order to conclude the
Contract;
2.2.8 the methods
of payment, delivery, execution, the date until which the Seller undertakes to
deliver the Products;
2.2.9 the
delivery of the Products is made only on the Romanian territory;
2.2.10 the
Seller's Complaints settlement procedure, provided in these TCG;
2.2.11 the
conditions of exercising the Right of Withdrawal of the Buyer, including the
fact that in case of exercising the Right of Withdrawal, the Buyer will pay the
cost of returning the Products, respectively, without limiting the listing, costs
of transporting the Product for return, postage, and any costs of use total or
partial of the Product, as well as any costs incurred by the Seller in
accordance with Art. 14 para. (3) to GEO 14/2014[2];
2.2.12 the
conditions of the legal guarantee and of the Guarantee regarding the conformity
of the Products and their repair or replacement;
2.2.13 the
possibility and the way in which the Buyer can address the National Authority
on Consumer Protection (“ANPC”);
2.2.14 the possibility for the Buyer to propose certain contractual conditions on which the Parties may freely dispose and at least regarding his information by sending in this sense an e-mail to the Seller at office@candyland.ro
2.2.15 the
contractual information is presented in Romanian in an accessible form, so that
it was easily understood by the Buyer. Also, the Buyer accepts and understands
the fact that the packaging, the label and / or the package leaflet of the
Products can be presented in other languages together with the Romanian
language;
2.2.16 The Seller
will send the Contract to the Buyer at the time of delivery of the Products;
2.2.17 the moment
of concluding the Contract is the moment of confirmation, on a durable support,
by the Seller of the acceptance of the Order sent by the Buyer.
III.The TCG
object
3.1 The object of
the TCG is to set out in detail the rights and obligations of the Parties once
they enter into contractual relations, in particular with regard to (i) the
purchase of the Product or Products by the Buyer according to its Order and
payment of the Price for the transfer of ownership over the Product or over the
Products from the Seller to the Buyer.
3.2 The order is
placed by the Buyer in one of the following ways:
3.2.1 by
telephone call to the telephone lines published in any way by the Seller
(online, through the written press, through TV advertising, including through
teleshopping spots. The enumeration is not exhaustive). The Buyer pays the
price of the telephone call at the basic tariff, according to the grid of the
Seller's telephony provider;
3.2.2 through the
Seller's online platform, namely through its websit candyland.ro, following the
steps provided on the site. The own costs for the internet connection for
placing the online Order are borne by the Buyer;
3.2.3 through the
contact / email / chat form available on the Seller's website candyland.ro. The own costs for the
internet connection for placing the Order in these ways are borne by the Buyer.
3.3 The Seller has
the right to refuse the Buyer's Order or Orders, either for objective reasons
(exemplary and not limiting, presumption of fraud, the Buyer is a minor, the
Products are not in the Seller's stock and will not be for another 30 years
days from the date of the Order), or for reasons related to the Seller's
business strategies. The parties understand and agree that all the provisions
of the Contract are and remain perfectly valid for the sale of a Product that
was presented as a replacement Product to the one in the video presentation, if
this was accepted in the order by the Buyer, due to stock depletion. The Seller
of Products identical to those in the video presentation.
3.4 The Buyer, at
the Date of Conclusion of the Contract, knows and accepts the fact that (i)
placing the Order gives rise to an obligation to pay and (ii) knows all costs
related to the Order, including but not limited to, Sale price, delivery costs,
costs on the bank transfer of the price of the Products. These issues are
provided in the TCG published by the Seller and online:
CANDYLAND.RO/termene-si-conditii.
3.5 The Seller
also assumes the obligation to deliver the Product / Products to the Buyer to
the address mentioned by the latter in the Order ("Delivery
Address"). If the Buyer changes the Delivery Address, he has the
obligation to inform the Seller about this before the Seller has handed over
the Product / Products of the Carrier to be delivered to the Buyer. Otherwise,
it will be considered that the Seller has fulfilled its delivery obligation,
and the Buyer will pay the transport value for the delivery of the Product /
Products to the new address communicated by the Buyer, after placing the Order
initially.
3.6 The ownership
right over the Product or over the Products from the Seller to the Buyer is
transferred at the moment of payment by the Buyer of the Price of the Product /
Products ordered and delivered by the Seller.
3.7 The risk of
loss or damage to the Products is transferred to the Buyer when he or a third
party designated by him, other than the Carrier, enters into physical
possession of the Products. However, the risk is transferred to the Buyer at
the time of delivery of the Package by the Seller to the carrier, if the
carrier has been instructed by the Buyer to transport the Package, without
prejudice to the Buyer's rights against the carrier contracted by the latter.
IV.The sale price.
Parcel delivery
4.1 The sale
price consists of the total price that the Buyer pays for the Product /
Products ordered ("Price"). The price can be paid in one of the
following ways provided on the Seller's website https://candyland.ro (i) by cash
on delivery at the time of delivery of the Package or (ii) online on the
Seller's website using a bank card supported by the payment platform contracted
by the Seller. In order to avoid any doubt, the costs regarding the placement
of the Order, in any way, the delivery costs differently or through another
carrier than the one chosen by the Seller, costs regarding payments by bank
transfer, without limiting the enumeration, are borne by the Buyer. The latter
knows this, made public by the Seller on its website
candyland.ro/terms, and which are known and accepted before the
Date of Conclusion of the Contract by the Buyer at the time of placing the
Order.
4.2 The price is considered
paid as follows:
4.2.1 in case of
payment of the Price by refund, at the moment when the Carrier collects the
Price and issues the receipt to the Buyer, and
4.2.2 in case of
online payment by bank card, at the time of crediting the bank account of the
Seller with the Price paid by the Buyer.
4.3 To the extent
that additional payments may occur in relation to the Price, the Seller will
request the Buyer's explicit consent to the Buyer's support for these
additional payments. The communication will be made through the e-mail
addresses of the Parties or by telephone and then confirmed in writing by the
Parties on a printable medium, and must occur before the Date of Conclusion of
the Contract. In the event that the Buyer declares unequivocally or that could
reasonably be considered unequivocal, the fact that he does not accept these
additional payments, the Contract will not be concluded and therefore, the
Seller will refuse the Buyer's Order.
4.4 The Seller
shall report to the competent authorities any payment made fraudulently, in
particular through online transactions, communicating to the authorities any
data it holds about the Buyer. In any case, the Seller shall comply exactly
with the provisions of Law 656/2002 for the prevention and sanctioning of money
laundering, as well as for the establishment of measures to prevent and combat
the financing of terrorist acts and their applicable, as well as any normative
acts related to it.
4.5 Delivery of
is it possible anywhere in Romania. Delivery details are
provided on the Seller's website in the "delivery information"
section https://candyland.ro/delivery. The seller
does not deliver parcels outside the Romanian territory.
4.6 The Seller
can deliver to the Buyer all the Products ordered simultaneously (usually in
the same Package) or in several successive deliveries, especially in the
situation when a certain Product is not in stock at the time of delivery, or if
the Seller considers that in relation to its commercial strategy , successive
delivery is more advantageous to the Parties.
4.7 In case the
Buyer changes his Delivery Address he has the obligation to inform the Seller
about this before the Seller has handed over the Product / Products of the
Carrier to be delivered to the Buyer. Otherwise, it will be considered that the
Seller has fulfilled its delivery obligation, and the Buyer will pay the value
of the transport for the delivery of the Product / Products to the new address
communicated by the Buyer.
4.8 The Seller is
free to choose any Carrier for the delivery of the Package to the Buyer. To the
extent that the Buyer himself chooses a certain carrier, then the delivery
price of the Package will be borne by the Buyer.
4.9 The Seller
must deliver the Products to the Buyer within maximum 30 days from the Date of
Conclusion of the Contract, without undue delay.[4]If the Package is not delivered to the
Buyer within the previously specified term due to the Seller's fault, the Buyer
will be able to request the Seller to deliver the Package within a new term of
maximum 30 days from the date of request. To the extent that even within this
term the Seller does not deliver to the Buyer the Product / Products through
his sole fault, the Buyer has the right to terminate the Contract.
4.10 In case of
termination of the Contract due to the Seller, the Seller will refund to the
Buyer the Price if it was paid by the Buyer online on the Seller's website,
within maximum 7 calendar days from the date on which the Buyer communicated
the decision in writing to the Seller. its termination of the Contract. The
contract is terminated in full without any other formality on the date on which
the Seller returned the Buyer's Price and the Buyer refunded the Product (if
this is possible according to TCG). Otherwise, if it has been chosen to pay the
Refund Price on delivery, the Contract is terminated in full on the date on
which the additional delivery period expires. In order to avoid any doubt, the
expression “by right” refers to the termination of the Contract as a result of
the legal resolution,
4.11 In the event
that the Buyer will communicate to the Seller expressly by e-mail to the
address office@candyland.ro with the placing
of the Order the fact that the delivery of the Products must be made within an
essential term for the Buyer, emphasizing concretely this fact, the delivery
term will not exceed 30 days from the Date of Conclusion, if the Seller has
expressly agreed to the fact that the delivery time is essential for the Buyer.
To the extent that the Seller will not be able to respect the delivery term in
this context, the Buyer may request the full termination of the Contract. The
provisions of Art. 4.10 above are applicable.
4.12 The right to
termination of the Contract by the Buyer does not remove other rights that the
Parties have and that they could exercise against the other Party in relation
to the applicable legal provisions on consumer law and / or when it occurs, in
relation to the provisions Contract and TCG.
V.Buyer's right of withdrawal
5.1 Except for
the cases provided in Art. 16 of GEO 34/2014, The Buyer has the right to a period of
14 calendar days to withdraw from the Contract ("Right of
Withdrawal"), without having to justify the decision to withdraw and
without incurring other costs than those provided and established in the Contract.
The Buyer, prior to the conclusion of the Contract, has been informed by the
Seller and thus knows the conditions for exercising the Right of Withdrawal
available on CANDYLAND.RO/termene-si-conditii. Thus, the Buyer declares and
acknowledges that he was informed by the Seller about the Right of Withdrawal,
as well as that he had prior to the conclusion of the Contract, and still has,
during the execution of the Contract, all means to address to the Seller any
questions regarding the exercise of the Right of Withdrawal . More,
5.2 The term of
14 days is calculated from the date of receipt of the Package by the Buyer
("Return Term"). The Return Term will be calculated separately for
each delivery of the Parcels in case of successive delivery of the Products
that have been the subject of a single Order.
5.3 Throughout
the Return Period, the Parties will fulfill their contractual obligations.
5.4 When the
Buyer decides to exercise his Right of Withdrawal, he will inform the Seller in
this regard, within the Return Term, in a clear, concise and unequivocal
statement, in one of the following ways:
5.4.1by a
written notification sent to the Seller at the address from BUCHAREST DISTRICT
3, HAIR ENTRY, NR 32, BLOCK 59, STAIRCASE 1, FLOOR 1, AP. 8;
5.4.2by e-mail to office@candyland.ro
5.4.3by filling in the online return form by accessing candyland.ro
5.5 The Seller
will communicate by e-mail to the Buyer the confirmation of receipt of the
Buyer's notification regarding the latter's exercise of the Right of
Withdrawal. If the Buyer declares that he does not have a valid e-mail address,
the telephone confirmation is sufficient in the situation where the Buyer does
not expressly request the confirmation in writing, by letter sent by mail or
courier.
5.6 When the
Buyer exercises his Right of Withdrawal, the Seller will have the following
obligations:
5.6.1 to refund
to the Buyer the Price within maximum 14 days from the date on which the Buyer
informed the Seller about the exercise of the Right of Withdrawal, after the
Seller has confirmed receipt of this information according to the contractual
provisions and only after the Seller has received the Products returned by the
Buyer. the situation in which the returned Products are not taken over by the
Direct Seller. If the returned Products are taken over by the Seller, according
to the Buyer's option expressed at the time of exercising the Right of
Withdrawal, then the 14-day period for refunding the Price runs from the date
on which the Seller confirmed the Buyer's notification of withdrawal from the
Contract;
5.6.2 the refund
of the Price will be made by bank transfer to the account indicated by the
Buyer at the time of exercising the Right of Withdrawal. The Buyer declares
that he understands and accepts this method of reimbursement even if he has
paid the Price by reimbursement, being informed about it by the Seller prior to
the conclusion of the Contract by the Seller. If the Buyer declares that he
does not have a bank account in lei, opened at a bank in Romania, then the
refund of the Price can be made in person at the Seller's cashier, or by postal
orderDE CONFIRMAT. In case of
impossibility to fulfill the above, the Parties will identify by mutual
agreement a reasonable way in order to reimburse the Price.
5.6.3 to send to
the Carrier the order for taking over the Products returned by the Buyer, in
the situation in which the latter has opted in this sense together with the
exercise of the Right of Withdrawal;
5.6.4 to verify
the returned Products and insofar as they have not been returned by the Buyer
according to the Contract, to (i) communicate to him the aspects found and (ii)
to communicate to him the diminished value of the Price (“Decreased Price”),
respectively Price minus the cost incurred by the Seller for bringing the
Product in the form in which it was handed over to the Buyer, in case of its
use or damage. The Seller will return to the Buyer only the Decreased Price.
5.7In case of
exercising the Right of Withdrawal, the Buyer has the following obligations:
5.7.1 to return
the Products he wishes to return to the Seller within 14 days from the date on
which the Buyer communicated to the Seller his decision to withdraw from the
Contract. For the sake of clarity, the term provided here is respected if the
Products are sent back to the Seller by the Buyer before the expiration of the
14-day period;
5.7.2 to pay the
cost of returning the Products in the amount of 20 lei, insofar as the Buyer
has chosen to take them over by the Seller, or any other amount, when he has
chosen to use the services of other transport companies or has chosen any other
way of return of Products. This information was brought to the notice of the
Buyer according to TCG, prior to the conclusion of the Contract, so that the
Buyer declares that he has understood it, accepted it and assumes it in full;
5.7.3 to return
the Products he wishes to return in the same conditions in which he received
them, in the original packaging, accompanied by all labels, leaflets and any
other documents accompanying the Products as well as the signed Contract
together with a written request including the reasons for withdrawal;
5.7.4 to return
any Products received as a gift from the Seller as a result of the Order;
5.7.5 to return
the documents accompanying the Products, respectively (without the enumeration
being exhaustive) warranty certificates, declarations of conformity, etc.,
except for the Contract and the fiscal invoice for the Products, as the case
may be;
5.7.6 to bear the
diminution of the value of the Products and as a result to receive the
Decreased Price, as the case may be.
5.8 As a result
of the exercise of the Right of Withdrawal and after the Products have been
received by the Seller, the Contract terminates by right. They will also
terminate any other contractual relations, as the case may be, auxiliary to the
Contract.
VI.Product
Warranties
6.1 The products
distributed by the Seller to the Buyer have a guarantee under the conditions
offered by their Manufacturer ("Warranty"). For the avoidance of
doubt, the Warranty refers to the warranty of conformity as defined in the TCG
and does not include the commercial warranty, as defined above.
6.2 The Seller
offers a Warranty only to Products that in relation to their nature may have
such a warranty. Specifically, Foods / Nutritional Supplements and Cosmetics
distributed by the Seller do not benefit from the Warranty. These, insofar as
there is a reason for their return without the right of withdrawal being
applicable, will be replaced by the Seller with other identical Products and
delivered to the Buyer, after the latter returned to the Seller the first
Products ordered (together with all documents and other possible gifts
received), within maximum 14 days from the date on which the Buyer communicated
to the Seller the reasons why the Products should be replaced, at the address
of the Seller from BUCHAREST SECTOR 3, HAIR ENTRY, NO 32, BLOCK 59, SCALE 1 ,
FLOOR 1, AP. 8. After the Seller receives the Products, will also check them to
the extent that replacement is required (more precisely the reasons for the
replacement have nothing to do with any fault of the Buyer), will replace the
Products and will deliver to the Buyer new identical Products, within 15 days
from the date on which The seller was notified of the reasons why a possible
replacement would have been required. For the avoidance of doubt, Foods /
Nutritional Supplements and Cosmetics distributed by the Seller are replaced
only if they reach the Defective Buyer, the latter not being able to use them
in any situation (for example: The product is unsealed, broken, broken etc).
will replace the Products and will deliver to the Buyer new identical Products,
within maximum 15 days from the date on which the Seller was notified with the
reasons for which a possible replacement would have been necessary. For the
avoidance of doubt, Foods / Nutritional Supplements and Cosmetics distributed
by the Seller are replaced only if they reach the Defective Buyer, the latter
not being able to use them in any situation (for example: The product is
unsealed, broken, broken etc). will replace the Products and will deliver to
the Buyer new identical Products, within maximum 15 days from the date on which
the Seller was notified with the reasons for which a possible replacement would
have been necessary. For the avoidance of doubt, Foods / Nutritional
Supplements and Cosmetics distributed by the Seller are replaced only if they
reach the Defective Buyer, the latter not being able to use them in any
situation (for example: The product is unsealed, broken, broken etc).
6.3 The guarantee
concerns the conformity of the Products with their specifications presented by
the Seller publicly, regardless of the communication method (online,
television, etc.).
6.4 The
products are in compliancewith the Contract if one of the following
conditions is met: (i) they correspond to the description made by the Seller
and have the qualities described on the Seller's website and / or mentioned in
the Seller's advertisements and / or in the Declaration of Conformity and / or
on the Products leaflet. , as the case; (ii) correspond to any specific purpose
requested by the Buyer, a purpose made known to the Seller and accepted by the
latter at the conclusion of the Contract; (iii) correspond to the purposes for
which Products of the same type are normally used; (iv) being of the same type,
presents normal quality and performance parameters, which the Buyer can
reasonably expect, given the nature of the Product and the public statements
regarding its concrete characteristics, made by the Seller, by the Manufacturer
or his telephone representative, in particular by advertising or by inscription
on the Product label. It is not considered to be the lack of conformity if at
the time of concluding the Contract the Buyer knew or could not, reasonably,
not know this lack of conformity or if the lack of conformity has its origin in
the materials provided by the Buyer.
6.5 The seller is
not responsible for the public statements provided in Art. 6.4 point (iv)
above, in any of the following situations, if (i) he did not know and could
not, reasonably, have known the statements in question; (ii) the statement was
corrected at the time of the conclusion of the Contract or (iii) the decision
of the Buyer to purchase the Product on which the statements were made, could
not be influenced by the public statements in question.
6.6 To the extent
that the Product purchased by the Buyer involves an installation procedure, any
lack of conformity resulting from an incorrect installation of the Product will
be considered equivalent to a lack of conformity, only if the installation was
made by the Seller or under his responsibility. follow. The Seller does not
assume any obligation to install any Product.
6.7 The
installation of the Product is performed exclusively by the Buyer according to
the installation instructions that accompany the Product, as they can be found
on the Seller's website, and if the Product becomes non-compliant due to
installation by the Buyer, the Seller will not be able to keep under no
circumstances responsible for any alleged or non-compliance. The Seller may be
liable for the lack of conformity proved by the Buyer in this case, only if the
installation made by the Buyer was incorrect due to a deficiency in the
installation instructions accompanying the Product.
6.8 If the
Product has Defects, the Buyer will inform the Seller in writing about this,
detailing in detail what is the lack of conformity, within 4 calendar days from
receipt of the Package by the Buyer. If the Product has a Hidden Defect, then
the aforementioned term will be calculated from the date on which the Buyer
discovered the Hidden Defect. The Buyer will provide explanations to the Seller
regarding its impossibility to discover the Hidden Defect earlier at the time
of its communication to the Seller regarding its discovery (the “Complaint”).
Failure to comply with the terms set forth herein entitles the Seller to refuse
to take Reparatory Measures (defined below).
6.9 The complaint will be communicated by the Buyer to the Seller (s) either through postal or courier services to the Seller's address in BUCHAREST DISTRICT 3, HAIR ENTRY, NO. 32, BLOCK 59, SCALE 1, FLOOR 1, AP. 8, (ii) or by e-mail to office@candyland.ro
6.10 The
complaint shall include at least the following elements: (i) the identification
data of the Buyer; (ii) the Order number; (iii) the date of receipt of the
Package by the Buyer; (iv) Defective Product or Products; (v) description of
the alleged defects in as much detail as possible, possibly accompanied by
photographs of the Defective Product (s); (vi) requesting the Buyer to replace
the respective Products with identical others without defects or repair them;
(vii) the signature of the Buyer and (viii) the date of the Complaint. Claims
that do not contain the elements provided above will not be considered by the
Seller. However, the Seller may choose to request from the Buyer the missing
details in the Complaint. For the avoidance of doubt, this does not exclude or
limit the Seller's right to request additional details from the Buyer regarding
the Complaint. The Buyer's refusal to provide the Seller within the term
specified by him, or within a reasonable term from the date of the request (ie
not exceeding 7 calendar days), these details constitute a waiver of the Complaint.
The lack of a response from the Buyer is considered a refusal to respond to the
requests of the Seller.
6.11 The Buyer by
Claim may request the Seller (i) to replace the Defective Product (s) or (ii)
repair them free of charge for the duration of the Warranty if they are
Products of Long Term Use ("Repair Measures").
6.12 The Buyer
will not be able to require the Seller to take Repair Measures if they are
impossible or disproportionate. Repair measures are considered impossible if
the Seller cannot provide identical Products for replacement (or spare parts
for repair, as the case may be), including due to lack of equipment or related
technology. Repair Measures are considered disproportionate if they impose
costs on the Seller that are unreasonable compared to other measures taking
into account, cumulatively (i) the value that the Products would have had if
there had been no non-compliance; (ii) the importance of the lack of conformity
and (iii) whether another remedial measure could be carried out without
significant inconvenience to the Buyer.
6.13 The Seller
will take the Repair Measures within 15 calendar days from the date on which,
as the case may be, (i) the Buyer has communicated to the Seller the Complaint
for the Repair of Long-Term Products or (ii) the Seller has received the
Defective Products for which the Buyer has chosen their replacement. For the
sake of clarity, in the case of Durable Products, the Buyer may claim their
replacement, only after having previously requested the Seller to repair them
within the Warranty, and after repair The product has failed again without any
fault on the part of the Buyer. The parties may agree on another term for
carrying out the Reparatory Measures, but not exceeding the term of 15 days
calculated according to this article. The Buyer has the obligation to send the
Products to the Seller for repair. The term of 15 days will run after the Buyer
sends the Products to the Seller for repair.
6.14 Reasonable
and substantiated Repair Measures are made at no cost to the Buyer, costs
necessary to bring the Products into conformity or their replacement, including
postage, transportation, handling, diagnostics, expertise, disassembly,
assembly, labor, materials used and packaging.
6.15 To the
extent that the Seller refuses without any reason to take Repair Measures,
although the Buyer has complied with the contractual terms and conditions of
the Complaint, returning, as appropriate, the Defective Products to be replaced
and they have been received by the Seller, the Buyer i) either the
corresponding reduction of the Price, (ii) or the termination of the Contract,
in any of the following cases:
6.15.1 if it does
not benefit from the repair or replacement of the Product (s) with Defect / s;
6.15.2 if the
Seller has not taken the appropriate Reparatory Measure within a reasonable
period of time, other than that provided in the Contract;
6.15.3 if the
Seller has not taken the Reparatory Measure within the term provided in Art.
6.13 above, without significant inconveniences for the Buyer.
6.16 The buyer
will not be able to claim the termination of the Contract if the lack of
conformity is minor. The lack of conformity can be considered minor, the
enumeration being exemplary, if: the Product packaging is degraded without
affecting the qualities and properties of the Product, the packaging contains
minor erasures that do not affect the Buyer's information on the component and
/ or installation of the Product, the color intensity of the packaging and / or
of the Product is different from the one presented by the Seller.
6.17 In case of
termination of the Contract according to the conditions of this chapter, the
Seller will return the Price according to the provisions of the above chapter.
6.18 As a rule,
the Warranty Term is the one provided by the Manufacturer. Under no
circumstances will the Warranty be granted for a period longer than 2 years
from the date of delivery of the Product. However, for Products whose Average
Duration of Use is less than 2 years, the Warranty Term is automatically
reduced to that duration. After the fulfillment of any terms provided here, the
Buyer can benefit from Repair Measures only for the Products with Hidden
Defects and only in the situation in which the Buyer has respected the
procedure regarding the claim of the Hidden Defects.
6.19 In order to
avoid any doubt, the Guarantee within the terms mentioned above is granted only
for the Products that, by their nature, can benefit from such a guarantee.
Specifically, Food / food supplements and cosmetics distributed by the Seller
are excluded.
6.20 The Warranty
Term extends with the duration of the Repair Measures, calculated from the date
on which, depending on the Repair Measure undertaken:
6.20.1 The Seller
has received the Defective Product / s to replace them until the date of
receipt of the new Products by the Buyer,
6.20.2 The seller
has repaired the Long-Term Use Products.
6.21 The
commercial guarantee is granted for the Durable Products distributed by the
Seller only insofar as the legislation in force provides such an obligation for
the producers. Therefore, this guarantee could be granted by the manufacturer,
according to the guarantee certificate issued / transmitted by the latter.
ARE YOU
COMING.Rights and obligations of the Parties
7.1 The parties
understand and undertake to fulfill their obligations and to exercise their
rights provided in these TCG, in the Contract and / or in relevant normative
acts, in good faith.
7.2 The buyer, as
a natural person possessing rights and correlative obligations, has the
following rights:
7.2.1 the right
to order and receive the Products ordered within the Delivery Term;
7.2.2 The Right
of Withdrawal under the conditions provided in the TCG and in the Contract;
7.2.3 the right
to reasonably claim any non-conformity of the delivered Products;
7.2.4 the right
to benefit from Reparatory Measures under the conditions provided in the TCG;
7.2.5 the right
to change the Delivery Address with the notification of the Seller according to
the Contract and respecting the provisions regarding the cost of this change
within TCG;
7.2.6 the right
to receive, under the conditions of the TCG and the Contract, the Price or the
diminished Price, as the case may be, in case of return of the Seller's
Products in compliance with the other provisions of the TCG and of the
Contract;
7.2.7 the right
to reasonably request from the Seller and to receive from him, free of charge,
additional information regarding the Products and their use;
7.2.8 the right
to address ANPC regarding issues regarding the Contract, in accordance with the
law;
7.2.9 the right
to terminate or terminate the Contract unilaterally;
7.2.10 the right
to request the deletion of personal data after they have been processed by the
Seller.
7.3 The buyer has
the following obligations:
7.3.1 the
obligation to place Orders with the real intention to purchase the Products
distributed by the Seller;
7.3.2 the
obligation to provide to the Seller correctly and completely the details of the
Order and the details of the Delivery Address, as well as the details regarding
his identity;
7.3.3 the
obligation to receive and diligently check each Product ordered as well as the
Package;
7.3.4 the
obligation to pay the Price, as well as any other amounts provided here and in
the conditions of the Contract;
7.3.5 the
obligation to complain to the Seller according to TCG any lack of conformity
and / or any Hidden Defect of one or more ordered Products, as well as its
options as the case may be;
7.3.6 the obligation
to allow the Seller to take Repair Measures;
7.3.7 the
obligation to return the Products for any reason, in the condition in which he
received them, if this is allowed according to the TCG and this is his
intention;
7.3.8 the
obligation to request from the Seller additional information regarding the
ordered Products insofar as he justifiably considers that he needs that
information. For clarity, this information must relate to the protection of the
life, health and safety of the Buyer and which although communicated by the
Seller prior to the conclusion of the Contract, could not be understood by the
Buyer.
7.4The seller
has the following rights:
7.4.1 the right
to refuse the Buyer's Order and / or Orders, according to TCG;
7.4.2 the right
to choose any Carrier for the delivery of the Package;
7.4.3 the right
to receive the Price, as well as any other amounts incumbent on the Buyer, in
accordance with these TCG and those provided in the Contract;
7.4.4 the right
to withhold any amounts due and to return to the Buyer only the Diminished
Price, according to TCG and the Contract in case of reimbursement of the
Products under the conditions agreed in TCG and in the Contract;
7.4.5 the right
to be returned the Products in the condition in which they were delivered
together with all the documents and / or gifts offered to the Buyer at the time
of delivery of the Package;
7.4.6 the right
to process, process, transfer and save the personal data of the Buyer,
according to the policy presented on the Seller's web-site;
7.4.7 the right
to refuse to take Reparatory Measures under the conditions established in the
TCG;
7.4.8 the right
to request and receive from the Buyer any information necessary for the
fulfillment of the contractual obligations; the Buyer's unjustified refusal to
provide this information, acquits the Seller for any damages suffered by the
Buyer and / or any other third party (natural or legal person, regardless of
nationality and / or form of organization and regardless of whether it is an
authority, institution , autonomous or in any other way controlled by the state
or private);
7.4.9 the right
to modify the content of the website or other websites controlled by the Seller
and, to the extent deemed necessary, to inform the Buyer in writing (in any
way) of such changes if they concern TCG, the Contract or would concern future
contracts ;
04/07/10 the
right to send to the Buyer information regarding the Distributed Products and
or any other news regarding the Seller's activity, for marketing purposes, if
at the time of the Order the Buyer has chosen in this respect. The Buyer knows
that he can at any time request the Seller not to communicate to him the
information provided in this article. Once notified in this regard, the Seller
will no longer transmit this information to the Buyer;
07/04/11 the
right to transmit to any authorities the data of the Buyer or any other details
related to him, if they have been requested by the respective authorities in
compliance with the legal provisions by these authorities.
7.5 The seller
has the following obligations:
7.5.1 the
obligation to distribute Products that comply with all relevant legal
provisions in relation to their nature;
7.5.2 the
obligation to confirm or not the Buyer's Order, in the latter situation being obliged
to inform the Buyer about the reasons for which he refused the Order;
7.5.3 the
obligation to deliver the Package under TCG conditions;
7.5.4 the
obligation to receive the Products returned by the Buyer who has exercised his
Right of Withdrawal, in the condition in which the Seller delivered them;
7.5.5 the
obligation to receive, within the TCG limits, in the condition in which they
were delivered by the Seller, the Products returned by the Buyer for the
purpose of taking Repair Measures;
7.5.6 the obligation
to take Repair Measures under the conditions provided in the TCG or, as the
case may be, to inform the Buyer about the reasons for which he will not take
Repair Measures;
7.5.7 the
obligation to return the ordered Products or other Products, as the case may
be, subsequent to the implementation of the Repair Measures;
7.5.8 the
obligation to inform the Buyer about possible modifications of his
identification data and / or of other aspects regarding the Contract or could
look at future contracts;
7.5.9 the
obligation to stop transmitting information regarding the Products generally
distributed by the Seller, if he has received from the Buyer in writing, a
request in this respect, according to the procedure of withdrawal of the data
processing agreement for commercial purposes, according to the procedures
presented on the web. the Seller's website and during telephone conversations
with the Seller's representatives.
VIII.Termination
of the Contract. The contractual responsibility
8.1 The contract
by its nature is one with uno ictu execution (with instantaneous execution).
However, as the Buyer is a consumer, the effects of the Contract will cease,
depending on the Product (s) purchased either (i) upon expiration of the term
for exercising the Right of Withdrawal, or (ii) upon expiration of the Warranty
regarding these rights / obligations.
8.2 The contract
may be terminated at the initiative of the Buyer in one of the following
situations:
8.2.1 when the
Buyer exercises his Right of Withdrawal and the Seller receives the Products
and all documents and gifts, as the case may be, that accompanied them, in the
condition in which they were delivered, returning the Price or the Decreased
Price, according to TCG and the Contract;
8.2.2 when the
Buyer exercises his right to unilaterally terminate the Contract;
8.2.3 when the
Buyer terminates the Contract under the conditions established in the TCG.
8.3 The Seller
may claim from the Buyer any damages caused by the latter, either to the Seller
directly or to the collaborators (regardless of the form of collaboration) of
the Seller, as a result of the Buyer's non-fulfillment of its contractual
obligations in good faith and / or as a result. of the exercise by the Buyer of
his rights abusively. The damages that the Seller will be able to claim from
the Buyer may refer to, without the enumeration being exhaustive, the value of
the Products improperly returned by the Buyer to the Seller, for any reason,
and other costs related to this aspect, including transport costs, damages. of
image brought to the Seller, fines, taxes, duties and the like,
8.4 Regarding the
Damages and their amount, the Seller will send a notification to the Buyer in
writing (including by e-mail) requesting him to pay them within maximum 14
calendar days from the date of receipt of the notification.
8.5 To the extent
that the Buyer will not comply with the requests from the Seller's
notification, the latter will (i) apply to the total value of the Damages delay
penalties in the amount of 0.5% per day of delay until the actual payment of
the Damages and (ii ) will be able to initiate any legal action against the
Buyer for the recovery of the Damages that the Buyer declares that he
understands and expressly accepts as a fair compensation resulting from his
actions.
IX.Disputes and
applicable law
9.1 Before
addressing the ANPC and / or the courts, the Buyer must notify any
dissatisfaction to the Seller in order to amicably resolve any dispute. If
within 30 days from the date on which the Buyer received the Seller's response
or should have received it (namely within the time limits provided in the TCG)
to the Complaint communicated to the Seller, then the Buyer may notify ANPC, or
directly the competent court.
9.2 The
notification of ANPC does not violate the right of the Buyer to address
directly or subsequent to the notification of ANPC to the courts.
9.3 Disputes
regarding any aspect related to TCG or the Contract are within the competence
of the courts according to the legal provisions applicable at the date of
concluding the Contract or notifying the court, respectively the court at the
Singer's headquarters, or considering the transitional legal provisions that
may arise. the current relevant legislation is subsequently amended.
9.4 TCG and the
Contract are governed by Romanian law.
X.Final and
transitional provisions
10.1 The Buyer understands and accepts, prior to the conclusion of the Contract, that his personal data will be processed by the Seller in order for him to fulfill his contractual obligations. The Buyer also declares that he has been informed prior to the conclusion of the Contract regarding the Seller's policy on personal data protection, has read and accepted this policy, knowing that he has the right to request additional information from the Seller in this regard. The personal data policy can be found by accessing https://candyland.ro/privacy. Also, the Buyer knows and accepts that he was informed by the Seller prior to the conclusion of the Contract regarding the fact that he can notify the National Authority for the Supervision of Personal Data Processing, prior to the conclusion of the Contract. This information is also available and accessed www.dataprotection.ro directly from the Seller's website.
10.2 The buyer
expressly accepts that(i) The Seller may modify any terms and conditions
regarding the relations with the Buyer and will inform the Buyer accordingly
about them, by publishing the changes on-line at candyland.ro, The Buyer
having the right to notify the Seller that he does not accept these changes
within the terms provided in the Contract. The non-contestation of these changes
represents the tacit agreement of the Buyer regarding the respective changes;
(ii) The Seller is entitled to Damage under the Contract; (iii) The Seller will
be able to pay the Decreased Price according to the Contract; (iv) The Seller
has the right to refuse an Order or Orders of the Buyer as well as the right of
the Seller to stop the delivery of some Products or the temporary impossibility
or not to deliver them; (v) The contract is governed by Romanian law; (vi) The
Seller may exercise the actions and take the measures to which it is entitled
under Chapter 6 of the TCG on Warranties; (vii) has understood and accepts
clause 7.4.
10.3 The Buyer
declares that, prior to the conclusion of the Contract, he was informed by the
Seller and understood that he can notify ANPC at any time, the details
regarding this matter being available and accessing www.anpc.gov.ro directly from
the Seller's website.
10.4 The Buyer
declares that, prior to the conclusion of the Contract, he was informed by the
Seller and understood that he can register on the Seller's website. Candyland.ro user account,
the conditions of its use being provided on the aforementioned site.
10.5 The Buyer
expressly declares and accepts that he will not be able to attract the Seller's
liability, if one of the following aspects proves:
10.5.1 no Seller
is the one who put the Product into circulation or distributed or delivered it;
10.5.2 depending
on the circumstances, the defect that caused the damage to the Buyer did not
exist on the date on which the Product was put into circulation or appeared
after the putting into circulation of the Product, due to causes not imputable
to the Seller;
10.5.3 The
product has not been manufactured for sale or for any other form of economic
distribution of the manufacturer and has not been manufactured or distributed
within the professional activity of the Seller;
10.5.4 the defect
is due to the observance of some obligatory conditions, imposed by the
regulations issued by the competent authorities;
10.5.5 the level
of scientific and technical knowledge existing at the time of putting the
Product into circulation did not allow the detection of the defect in question;
10.5.6 the defect
is due to the Buyer's non-compliance with the instructions for use, storage and
maintenance provided in the technical documents accompanying the Product,
demonstrated on the basis of specialized technical expertise;
10.5.7 the defect
is attributable to the wrong design of the assembly in which the Product was
mounted or to the instructions given by the manufacturer of the Product
intended for the Buyer;
10.5.8 the defect
is due to the improper use of the Product by the Buyer;
10.5.9 the
damages are the consequence of the actions or inactions of other suppliers,
such as those of electricity and its abnormal fluctuation, of gas, telephony;
10/5/10 the fault
for the damages caused by the Product lies with the Buyer.
10.6 The Buyer
declares that he has been informed, prior to the conclusion of the Contract by
the Seller, through these TCG and other public information of the Seller, and
that he has understood and assumes that the Products distributed by the Seller
consist of Products that can be considered food supplements. , (ii) food and /
or (iii) cosmetics do not replace a balanced lifestyle and do not cure certain
ailments on their own.
10.7 The Buyer
will immediately inform (not later than 48 hours from the date of the reaction)
the Seller about any alleged unusual reactions that he may have encountered
using Products distributed by the Seller that can be considered (i) food
supplements, ( ii) food and / or (iii) cosmetics. Buyer will provide Seller with
all information regarding these reactions correctly and completely and will
answer any questions of Seller regarding this allegedly unusual reaction.
10.8 The Buyer
will inform immediately (not later than the date of finding) the Seller about
any request from third parties who claim to distribute the Products distributed
by the Seller and / or who claim to be affiliated with it. Also, the Buyer will
inform the Seller under the same conditions as before, and if third parties
communicate to him regardless of the manner, any derogatory statements to the
Seller and / or the Products distributed by him. In both cases, the Buyer will
provide the Seller with all the details and will answer any questions of the
Seller regarding these issues. Moreover, the Buyer understands that by agreeing
to work with the Seller, public safety regarding the sale of consumer goods is
ensured.
10.9 The Buyer can contact the Seller at BUCHAREST SECTOR 3, HAIR ENTRY, NR 32, BLOCK 59, SCALE 1, FLOOR 1, AP. 8, the Seller being a company registered in the Trade Register attached to the Bucharest Tribunal under no. J40 / 4106 / 17.03.2016, with registration code RO 35825108. Also, the Buyer can contact the Seller by phone at 0734489000 or by e-mail at office@candyland.ro, as well as using the online contact form available at candyland.ro/contact.
10.10 The Buyer
may access at any time for the purpose of informing and / or defending his
interests the following internet pages, which were communicated to him by the
Seller and / or could have been known by the Buyer, prior to the conclusion of
the Contract:
10.10.1. candyland.ro/unelte-gdpr
10.10.2 candyland.ro/terms
10.10.3 candyland.ro/about-us
10.10.4. candyland.ro/privacy
10.10.5. candyland.ro/cookies
10.10.6. dataprotection.ro
10.10.7 anpc.gov.ro
10.10.8 https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
10.10.9Details regarding the contacting of the Seller, the delivery of the Products, the payment methods accessible at candyland.ro
10.11 The Buyer
expressly declares and accepts that it has concluded with the Seller, with the
acceptance of the Order by the latter, a distance Contract, and that a copy of
it has been delivered in hardcopy format to the Buyer together with the
Package, together with the other documents accompanying the Products.
Specifically, the Buyer declares that he was informed by the Seller about the
contractual conditions prior to the transmission of the Order by the Buyer to
the Seller, the Buyer accepting the contractual conditions, for which he freely
decided to conclude the Contract received with the Products and understands the
legal consequences. Contract and implicitly of TCG.
[1]According to the
provisions of GEO 34/2014 and of Law no. 365/2002 on electronic commerce.
[2]Article 14 para.
(3): The consumer is responsible only for the diminution of the value of the
products resulting from their handling, different from what is necessary for
determining the nature, characteristics and functioning of the products. The
diminution of the value of the products must not be discouraging for the
consumer in exercising his right of withdrawal. Regardless of the situation,
the consumer is not responsible for diminishing the value of the products in
case the professional has failed to inform him about the right of withdrawal in
accordance with art. 6 para. (1) lit. h).
[3]These provisions
are in accordance with the provisions of Art. 20 of GEO 34/2014.
[4]According to the
provisions of Art. 18 para. (1) of GEO 34/2014.
[5]Also provided by
GEO 34/2014.
[6]Art. 16:
Exemptions from the right of withdrawal. They are exempted from the right of
withdrawal provided in art. 9-15 regarding the following distance contracts and
off-premises contracts:
a) service
contracts, after the complete provision of services, if the execution started
with the prior express consent of the consumer and after he confirmed that he
became aware of the fact that he will lose his right of withdrawal after the
full execution of the contract by professional;
b) the supply of
products or services whose price depends on the fluctuations on the financial
market that the professional cannot control and which may take place during the
withdrawal period;
c) the supply of
products made according to the specifications presented by the consumer or
clearly customized;
d) the supply of
products that are likely to deteriorate or expire rapidly;
e) the supply of
sealed products which cannot be returned for reasons of health protection or
hygiene and which have been unsealed by the consumer;
f) the supply of
products which are, after delivery, according to their nature, inseparably
mixed with other elements;
g) the supply of
alcoholic beverages whose price was agreed at the time of concluding the sales
contract, whose delivery cannot be made before 30 days and whose real value
depends on market fluctuations that the professional cannot control;
h) contracts in
case the consumer has specifically requested the professional to go to his home
to perform urgent repair or maintenance works. If, on the occasion of such a
visit, the professional provides services other than those expressly requested
by the consumer or provides products other than spare parts necessary for the
execution of maintenance or repair work, the right of withdrawal applies to those
services or additional products. ;
i) providing
sealed audio or video recordings or sealed computer programs that have been
unsealed after delivery;
j) the supply of
newspapers, periodicals and magazines, except for subscription contracts for
the provision of such publications;
k) contracts
concluded within an auction;
l) the provision
of accommodation services, for a purpose other than residential, transport of
goods, car rental, catering or services related to leisure activities, if the
contract provides for a specific date or period of execution;
m) the provision
of digital content that is not delivered on a material medium, if the service
started with the prior express consent of the consumer and after he has
confirmed that he has become aware of the fact that he will lose his right of
withdrawal.