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Terms and conditions for providing the SILOZ.ORG service
Last update: May 15, 2020
This contract is concluded between: SC AZERO SRL, headquartered in Bucharest, str. Constantin Disescu no. 4, sector 1, postal code 011089, registered at the Trade Register under no. J40 / 5721/2001, CUI R0-13959117, telephone (021) 222.73.93, fax (021) 223.14.84, account no. RO67-RNCB-0067-0047-9465-0001, opened at Banca Comerciala Romana, legally represented by Ciprian Furtuna and Horia loan as administrators, hereinafter referred to as Provider, Supplier, Online Service or SILOZ.ORG
THE BENEFICIARY, the legal or major natural person, identified according to the data specified in the order form, hereinafter also called CUSTOMER or USER.
The parties agree that this contract, displayed online on the SILOZ.ORG website, represents the current, valid form of the conditions for providing the service. The supplier has the right to make changes to the contractual terms, at any time and without prior notice. The change is accompanied by the change of the Last Update date. The beneficiary has the obligation to be informed and to respect the contract in its current form.
This contract is subject to Romanian legislation.
By using the SILOZ.ORG service, the user confirms that he has read, understood and agreed to fully comply with these provisions.
Subject of the contract
The provider undertakes to perform the services ordered by the beneficiary, and the beneficiary to pay the ordered service.
The rights and obligations of the provider
The provider undertakes to execute the work under the conditions ordered by the beneficiary.
In case of price changes, and the customer has paid in advance the value of the service for products with price changes, the provider has the obligation to execute the order according to the tariff plans at the time of payment.
The provider is not responsible for the incorrect or incomplete execution of the order, if it is determined by erroneous or incomplete information sent by the beneficiary until the start of processing. If the above situation determines the repetition of the order, this will be done according to the current pricing plan. The provider is not responsible for defects in the finished product that are caused in part or in full by the software used by the customer.
The provider has the right to refuse the execution of an order, to cancel, partially or in full, the quantities purchased by the customer, without providing a justification or compensation. In such situations, the customer is notified by e-mail and the value of the unmade part of the order is returned within 14 calendar days from the date of notification.
The customer is solely responsible for any claims, costs, damages, expenses resulting from the infringement of intellectual property rights, patent, trademark or industrial design contained in an order sent for processing. The provider is not obliged to execute the orders that it considers unacceptable from the point of view of the previous criteria.
The rights and obligations of the beneficiary
The beneficiary has the obligation to take note and to follow the instructions for using the service, presented by the provider and displayed on the web-site.
The beneficiary has the obligation to make the payment at the terms and conditions stipulated in the order.
The beneficiary has the obligation to provide all the data and details according to the provider's requests, for the good performance of the service.
The beneficiary has the obligation to make a backup copy of the data and materials sent for execution by the provider. The provider is not responsible for the damages suffered by the beneficiary by not creating a backup copy of the ordered material.
The Beneficiary has the obligation to use the website and the online service only for the purpose for which they were created.
Payment is made in lei or euro, under the conditions specified in the order form.
The beneficiary can request the proforma invoice for any of the amounts due to the provider, as well as for the total amount.
Acceptance of the invoice represents the acceptance of the payment of the value of the service and the acceptance of the goods, and is remitted to the beneficiary together with the payment or with the delivery of the products. The VAT rate is the one provided by the legislation in force for sales in Romania, or other particular cases in the situation when the products are delivered in the European Economic Area.
For orders whose characteristics exceed the specifics of the provider's offer, adequate rates will be applied to these services. For this type of work, the client will be informed about the price of the service before executing the order.
The value of the order can be paid by:
- online, by card
- money order, wire transfer
- cash on pick up
- cash on delivery
The payment method must be specified at the time of sending the order. The provider has the right to limit the available payment methods depending on the delivery method and the delivery destination.
The customer has the obligation to provide current, complete and correct data for all purchases made through the site.
The delivery of the object of the service will be made:
- by the provider, by his means
- by an authorized carrier
- by picking up by the beneficiary, from the supplier's headquarters
according to the conditions specified by the customer on the site at the date of placing the order.
The provider is not responsible for any damages suffered by the customer or by his agents, caused by failure to deliver the order on time, regardless of the manner in which it is executed. The provider is not responsible for exceeding the delivery deadlines caused by causes not attributable to him. The provider is not responsible for the degradation or destruction of the order, produced by the authorized carriers involved in the delivery of the goods.
Receipt of goods. Returns
The beneficiary has the obligation make the receptiont of the goods within 14 days from delivery. Subsequent notifications are null and void. It is also the proof of accepting the goods from a qualitative point of view.
The customer assumes variations of ± 5% between the dimensions of the product displayed on the site and the actual dimensions of the product. These deviations do not constitute a defect and do not benefit from return.
Products that show traces of wear, washing, wear, cutting, stinging, staining, any other defects caused by the customer, with or without intention, cannot be returned.
Before accepting the package from the courier service, the customer has the obligation to check the condition of the package. If it is visibly affected or if it has been unwrapped, the carrier must be notified, who will record this. Based on this document, you will receive a new product or a discount.
Products that show signs of wear, washing, stains, intentional damage cannot be returned.
The value of the repair attributable to the provider is limited to the value of the respective order.
f the beneficiary's complaint is made under the terms of this contract, the provider may temporarily suspend (with the beneficiary's notification) the execution of other ongoing orders, until the causes of the reported defect are corrected. In this case the delivery times will be postponed accordingly.
Return of non-personalized products
Products without personalization can be returned within 14 days of receipt of the package, only in the original packaging, and only if they are appropriate in terms of previous criteria.
Return of customized products
The provider is obliged to replace and deliver free of charge to the beneficiary the products that contain defects caused by his negligence, as well as products that contain manufacturing defects.
The beneficiary has the obligation to return to the provider on his expenses as proof the parts of the work that contain defects, in the original packaging and without traces of wear.
The provider is not responsible for defects in the finished product that are caused in part or in full by the software used by the customer. The provider, at the time of execution, checks the graphics from a technical point of view and notifies the beneficiary in case errors may occur.
If the order consisted of several products, and only some of them contain defects, the repair due to the customer is limited to the value of the products found to contain defects.
The personalized products, by their nature, are made "to order", for a very small number of beneficiaries, so they cannot be returned for reasons other than those mentioned above.
Before returning the products, the customer has the obligation to notify the supplier in writing, electronically, by any of the means provided - from the order details page, through the contact form or by e-mail, at firstname.lastname@example.org. A detailed description of the defect must be mentioned, optionally with photographs.
Any compensation due to the customer is paid only by bank transfer or card refund. The supplier does not accept returns sent by cash on delivery.
The products to be returned must be sent to AZERO SRL, Bucharest, Str. Constantin Dissescu no. 4, sector 1, 011089, tel. +4021.222.73.93. The package must also contain a copy of the purchase document.
The return shipment must be made only by the same person who placed the order.
The complaint procedure follows the course of the Romanian legislation.
At the end of the procedure, the client can opt for one of the following:
- reissuing the same order
- refund of the amount paid for defective products, using the same payment method by which the payment was made
- the use of a credit note with a value at least equal to that of the returned products, which can be used for other purchases.
The supplier has the right to determine at its discretion, by its own means, whether a returned product has been used before. In this situation, the value of the order is not returned, and the product remains in its custody or can be returned to the customer, at his expense.
The supplier has the obligation to decide and to communicate to the client, within maximum 3 working days from the receipt of the return, if his claim is legitimate or not. The supplier has the obligation to remedy the situation (recovery, reimbursement, etc.) within a maximum of 30 calendar days from the communication. If the supplier does not resolve the complaint within this period, the order is fully refunded to the customer.
The contractual responsibility
In case the beneficiary is in bankruptcy, forced execution or liquidation, he has the obligation to pay immediately the value of the service under the incidence of this contract, regardless of the payment date specified above. The beneficiary has the obligation to pay the payment to the provider before all the other creditors registered in all the situations listed above.
The provider has the obligation to display the products on the site in the most accurate way possible, including the colors, specifications and details of the product. The provider does not guarantee that this information is correct, complete, current or that it does not contain errors, and the screen used by the Customer reflects exactly the colors and details of the real product.
The provider is not responsible for the existence of products in external stocks. The provider has the right, at any time, to suspend, interrupt or change the price of any product for sale, without prior justification.
Force majeure clauses
Force majeure exonerates the party invoking it from liability, within the terms and conditions provided by the legislation in force. The provider is exonerated from liability for non-execution of orders (delay or other situations) and in the following cases:
- difficulties in or proven impossibility of procuring raw materials and materials or fuel
- unpredictable situations caused to employees (epidemics, contagious diseases, strikes, etc.)
- trade regulations, embargo
- the defect of the equipment or of their components, in case of the demonstrated impossibility to remedy the defects
- prolonged interruption of electricity, internet connection
- malfunctions, alterations or unauthorized penetration of the provider's computer systems, caused by third parties (hackers)
Online service administration
The provider has the right to process and store any information resulting from the interaction between the customer and the online service. The way of processing this information is described separately, in the Personal Data Use Policy document.
The supplier has the right to modify or remove elements from the site, at any time and without prior notice. The provider has no obligation to keep the information on the site up to date. The provider is not responsible in the event that some services are not available, temporarily or permanently. The provider is exonerated from liability for any damages caused to the customer due to the impossibility of accessing the service or its correct use.
Public content created by users
The user has the obligation that, by creating and publishing content on the provider's website, to comply with the following obligations:
- through its creations, not to infringe the intellectual property rights, trademarks, patents, moral rights of a third party
- guarantees that he is the author of the intellectual creation or has the rights over it
- empowers the provider to use content generated in this way in any way
- If the content refers to identifiable persons, the user guarantees that he has the publishing rights from them, that he does not violate their privacy, and authorizes the site to use this content in any medium.
- the creations are truthful, correct and do not mislead
- the creations do not constitute unsolicited advertising materials or the like
- his creations are not immoral, violent, harassing or objectionable, do not ridicule, intimidate or abuse third parties, do not incite violence or social disturbances, do not illustrate minors in a sexual or violent manner and may not be construed as offensive after racial criteria, national origin, sexual preferences or disability
Any violation of the above provisions may lead to the closure of the user account and the blocking of the use of the service.
All the rights over the creations sent by the Clients belong to them. The responsibility for the opinions expressed in these comments belongs only to their author.
The author assigns to the supplier the non-exclusive right over these materials, which he can use as he deems appropriate (publication on the site, on social media, etc.), free of charge, mentioning the author.
The provider has no obligation to reward users who post favorable comments.
The personal data regime is the subject of a separate document that can be consulted online.
Rights of use
SILOZ.org is the author, owner or licensee to use all programs, source codes, databases, designs and all other forms of intellectual creation from the site and physical products, as well as all trademarks and logos contained in these.
No part of the site may be copied, reproduced, republished, adapted, transmitted or used by any means without the written consent of SILOZ.org.
The user has the right to access, use and download from the site that portion of the content over which he has rights, strictly for personal and non-commercial use.
The parties agree that, throughout the contract and after its termination, not to transmit data or information of which they became aware during the execution of the contract. The obligation of confidentiality is incumbent on both parties to the service contract. The files sent by the beneficiary and stored in the public space of the provider are not confidential, due to the nature of the IT solution used.
Divergences to this contract shall be settled amicably or judicially, the parties addressing the competent courts for resolving the commercial or civil dispute.
The parties agree that any divergence, controversy or claim related to the performance of the contract will be resolved more amicably, using the services of a mediator agreed by both parties, within at least 30 days before the start of the arbitrary procedure. The term of the amicable settlement begins with the term of the notification between the parties.
Any possible litigation will be judged by the competent courts within the municipality of Bucharest.