The following words and phrases will have the following meanings, as defined by the Contract, unless otherwise specified in applicable standing legislation:
"Goods" any and all products that will be sold by the Seller to the Buyer as a result of the Contract concluded between the Parties
"Order" the electronic document which represents the intent of the Buyer sent to the Seller through the Website informing the Seller of the intent of the Buyer to purchase Goods from the Seller as presented on the Website.
"Account" a section of the Website accessible with a certain email address and password which allows the Buyer to send their Order to the Seller, and which contains certain information about the Buyer.
"Contract" the Agreement concluded remotely between the Seller and the Buyer, considering that the Parties are not both present at the same time and in the same place when said Agreement is concluded. "Buyer" any private individual/legal entity which creates an Account on the Website and places an Order.
"Confidential Information" any and all confidential information received by the Parties or that the Parties have become aware of as a result of concluding the Contract, be they private information or trade secrets, marked or unmarked or otherwise deemed as being confidential, in the form of a document, be it electronic or otherwise, and include but are not limited to information that is not public knowledge with respect to the finances, current or potential clients, suppliers, partners, merchants, proposals, projects, predictions, employees, drawings, sketches, manuals, inventions, patent applications, information regarding manufacturing procedures and processes, plans, research and development, computer programs, data bases, software, graphics, flowcharts, specifications, technical data, scientific or technical information, market studies and know-how related to any and all mentions made above. Confidential Information includes information pertaining to the Parties as well as information received by either Party from third parties.
"Price of the Contract (Price)" the money or monies to be paid by the Buyer to the Seller in exchange for the transfer of ownership over the Goods, under the conditions mentioned in the present Contract.
"Website/Site" the www.designfriends.ro domain and any and all subdomains thereof.
"Status"the state of an order at any given time.
"User" any private individual/legal entity registered on the Website which has consented to the specific clauses of the Website as mentioned in the Terms & Conditions by finalizing the Account registration process.
"Seller" MARK & MORE IDEAS SRL, with offices in Bucharest, 2 Intrarea Serelor, Sector 4, registered with the Office of the Trade Register under no. J40/9466/2010, fiscal registration code RO27460590
"Days" calendar days, unless otherwise specified.
2.1 The meanings and/or interpretations given to the terms and/or concepts herein shall be equally applicable to the singular and plural forms of those terms and/or concepts, unless otherwise required by the context, and words denoting a gender shall include any gender.
2.2 Words denoting persons or which refer to the Parties shall also include the successors of said Parties.
2.3 The titles are inserted only for references and will not affect the interpretation of the contents herein, and the drafting order of the clauses herein shall not give priority or otherwise to any of the clauses with respect to their application.
3. Scope of the Contract
3.1 The scope of the Contract consists of the transfer of ownership of the Goods described in the Order from the property of the Seller to that of the Buyer subject to a price.
4. Execution of the Contract
4.1 Subsequent to the creation of an account, the Buyer will place Orders on the Website by adding the desired Goods to the shopping cart. The Order is completed after checking one of the indicated payment methods. Once added to the shopping cart, a Good is available for purchase subject to stock availability. Adding a Good to the shopping cart does not entail the registration of an Order unless the Order is finalized. By finalizing the Order, the Buyer warrants that all information necessary for the purchase process provided by the Buyer is accurate, complete and true at the date of placing the Order.
4.2 Upon receiving the Order, the Seller may contact the Buyer, if it is deemed necessary.
4.3 The Seller may cancel the Order placed by the Buyer following a prior notice addressed by the Seller to the Buyer, without being under any obligation to the Buyer and without the Buyer then being able to claim damages in any of the following cases: non-acceptance by the issuing bank of the Buyer's card or of the transaction in the case of online payments; invalidation of the transaction by the card processor approved by the Seller in the case of online payment; the information provided by the Buyer on the Site is incomplete and/or incorrect; the Buyer fails to collect the Goods within a maximum of 24 hours from the date at which the Seller notified the Buyer as per art.
4.4 If the provisions of the final thesis of art. 4.3 regarding the cancellation of the Order do not apply, the Seller will notify the Buyer confirming having received and accepted the Order. The Buyer acknowledges that the notice referred to in this article is not to be confused with the confirmation of receipt of the email containing the order. In order to remove any other interpretation, the Seller will mark the status of the Order as "pending confirmation" at the time of receiving the order, and "confirmed" when accepting the Order.
4.5 Ordered Goods are taken into possession by the Buyer by picking them up from the company's warehouse, from Bucharest, 101 Calea Calarasi Street. As an exception, at the express request of the Buyer and the Buyer's risk and expense, the Goods may be delivered through a courier company from those presented by the Seller, chosen by the Buyer - FanCourier, at the location designated by the Buyer. In the event that one or more of the Goods ordered by the Buyer cannot be delivered by the Seller for any reason, the latter will inform the former in this regard, without the latter being able to issue any claim of any kind against the former. In this situation, the value of the Contract will be returned to the Buyer's account within a maximum of 5 working days.
4.6 The Contract is considered as legally concluded between the Seller and the Buyer at the time of the Seller sending the notice described in art 4.4 to the Buyer.
5. Price and Payment Method
5.1 The Price of the Goods sold is displayed on the Site for each individual product.
5.2 Payment for the Goods can be made in cash (at the offices of the Seller or by cash payment upon delivery in the case of delivery through a courier company) or by bank transfer (payment order).
5.3 The date of payment shall be considered as the date at which the account of the Seller is credited with the amount afferent to the respective sale. Any and all bank fees and commissions subsequent to the transaction are the responsibility of the Buyer so as to ensure that the amount credited into the bank account of the Buyer is the exact value of the purchase.
5.4 In the case of cash payments at delivery, payment of the price of the Goods will be made separately to the cost of the courier services which are calculated by approximation on the website and do not generate any obligation on the Seller.
6. Obligations of the Seller
6.1 The Seller has the obligation to transfer ownership to the Buyer of the sold Goods provided that the Buyer executes all their contractual obligations. The transfer of ownership over the Goods takes place at the moment when the Seller sends the notification described in art. 4.4. to the Buyer, at which point the risks are similarly transferred to the Buyer.
6.2 The Seller has the obligation to hand the Goods over to the Buyer. The method of handover of the Goods is described in art. 4.5. By accepting these Terms & Conditions, the Buyer fully agrees that the Seller cannot be held responsible for any hypothetical damage that may result as a consequence of delivery through a courier service - FanCourier.
6.3 The Seller has the obligation to make the return conditions and the return form available to the Buyer.
7. Obligations of the Buyer
7.1 The buyer has the obligation to indicate all the information requested by the Seller for the purpose of issuing the invoice, under the sanction provided by art. 4.3 of the Contract.
7.2 The Buyer has the obligation to pay the sale price. The payment will be made in accordance with the option selected by the Buyer, as mentioned by art. 5.3 of the Contract.
7.3 The Buyer has the obligation to take possession of the Goods as per the procedure described in art. 4.5 of the Contract.
7.4 If the Buyer opts for delivery by courier (FanCourier), the Buyer will pay the value of the courier services. Orders exceeding the value of 300 RON including VAT may be shipped at the expense of the seller within the territory of Romania.
7.5 By creating an Account, the Buyer/User fully and unconditionally accepts the Terms & Conditions of the Site. Changes to the Terms & Conditions of the Site are considered to be unequivocally accepted by the Buyer/User by using the Site after creating the account. In order to avoid any doubt, by accepting these Terms & Conditions, the Buyer accepts that the Terms & Conditions may be modified by the Seller at any time, said changes being opposable to the Buyer from the date of posting on the site.
7.6 The Buyer hereby declares that they are aware of the fact that all the information used for the description of the Goods available on the Site does not represent a contractual obligation on the part of the Seller, and that they are used solely for the purpose of presenting the Goods.
7.7 By creating and using the Account, the Buyer takes on the obligation to keep the confidentiality of the Account information (user and password) and to manage access to the Account, so that the Buyer is solely responsible for the activity carried out through his Account.
7.8 By filling in the information on the account creation form, the Buyer hereby declares and unconditionally accepts that the confidential information as defined in this document (including personal information) will be included in the Seller's database and gives their express and unequivocal consent that said information will stored, used and processed indefinitely territorially and/or temporarily by the Seller for the development and/or undertaking of activities by the Seller, including but not limited to, commercial activities, promotion of products and services, marketing, advertising, media, administrative, developmental, market research, statistics, tracking and monitoring of sales and consumer behavior. Also, the Buyer hereby gives their express and unequivocal consent that their personal information may be transmitted (transferred) by the Seller to partner entities in the country or other EU countries.
7.9 The Buyer hereby acknowledges by creating the account that they are guaranteed the rights provided by the law, namely the right to information, the right to access to data, the right to intervene, the right of opposition, the right not to be subject to an individual decision, the right to go to court in case of violation of the rights guaranteed by Law 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data.
8. Force Majeure
8.1 Force Majeure is defined as all unpredictable, invincible and unavoidable events beyond the control of the invoking Party, which include, but are not limited to, wars, revolutions, fires, floods, earthquakes, epidemics, embargoes or quarantine restrictions taking place after the conclusion of the Contract which prevent or delay, be it totally or partially, the execution of said Contract. The event of force majeure or the events assimilated to it do not exonerate the Buyer from liability.
8.2 The Party invoking Force Majeure will be exonerated from any liability to the extent that the execution of the Contract is impeded or delayed by an event of Force Majeure, provided that the other Party is made aware of this situation within 5 (five) days from the date of commencement of such event or circumstances considered as Force Majeure. Upon receipt of such notice, the Parties shall immediately contact each other and decide upon the actions and/or measures to be taken in the interest of both Parties in order to limit or overcome the result of Force Majeure. If the event of Force Majeure is not brought to the attention of the Parties in accordance with the provisions and in the term herein, the Party invoking Force Majeure shall bear all damages caused to the other Party, except where the actual failure to notify is due to the event of Force Majeure itself.
8.3 If the event of Force majeure does not conclude within 5 (five) days from its occurrence, each of the Parties will have the right to notify the other Party of the full termination of the Contract without either Party being able to claim damages from the other.
9.1 Any notification/correspondence addressed by one Party to the other Party is considered as validly delivered if it is handed over in person or sent by e-mail to the address indicated by the Seller on the Website and by the Buyer in their account, or by any other means as stipulated in the law.
9.2 Any change of mailing address or email address by one Party is not opposable to the other Party unless the former has notified the latter of such change at least 5 (five) business days prior to making the change.
10. Applicable Legislation & Jurisdiction
10.1 The Contract shall be governed by and interpreted in accordance with the standing legislation of Romania.
10.2 Any conflict that may arise as a result of the execution of the Contract will be resolved amicably. If such amicable resolution is not possible, said conflict shall be brought to the attention of the court in Bucharest with the necessary jurisdiction to adjudicate any resulting litigation.
11. Statements & Guarantees
11.1 Either of Parties state and guarantees to the other Party that:
i) The company is legally incorporated and operates as per the law;
ii) The correct identification details are those presented on the website and in the Buyer’s Account respectively;
iii) there is no incapacity and no impediment either of a legal nature or ootherwise for the valid conclusion and execution of the Contract.
11.2 The shared intention of the Parties is to perform the obligations assumed hereunder in good faith and will make every effort to resolve any disputes that may arise in relation to the Contract or resulting from its interpretation, execution or termination amicably.
11.3 The Buyer warants these essential, secondary and/or unusual clauses, as defined by the Civil Code, fully represent their will and accepts them expressly while consequently taking on the responsibility of full compliance with the provisions of this Agreement.
11.4 The Parties expressly declare that the present Terms and Conditions are considered fair with respect to the rights and obligations provided and do not benefit one of the Parties to the detriment of the other, and as such the Buyer expressly waives the benefit of contingency.
11.5 If the Buyer is a legal entity, its representative declares that they have all the necessary authorizations and/or powers in accordance with Romanian law and in the Articles of Incorporation of the companies they represent to perform a legal act of disposition, having the ability to validly engage the legal entity which they represent.
12.1 Validity. Any clauses herein that are null and void or become illegal or inapplicable will be excluded, without affecting the other clauses that will remain valid. A null clause may be covered by confirmation or by any other means provided by law.
12.2 Waiver. The omission or waiver by any Contracting Party of the exercise of certain rights shall not constitute a waiver of such rights or a tacit encouragement of a breach of the Terms and Conditions.
12.3 Intellectual property
The contents and design of the www.designfriends.ro website, as well as any other materials in connection to this website sent by you by email or supplied by you in any other way (i.e. articles, design, descriptions of products and any other materials) are the property of the Company and/or its associates and collaborators where expressly specified as such (copyright) and are protected by legislation regarding intellectual property. Use, reproduction, or allowing third parties to either use or reproduce www.designfriends.ro materials without express prior consent in writing from the Company is strictly prohibited. The use of frames (in the sense of HTML) or framing techniques (in the sense of HTML) for trademarks, logos or other information protected by copyright laws (including images, texts, interfaces, forms) belonging to www.designfriends.ro without the prior written permission of the Company is strictly prohibited. The limited, revocable and non-exclusive creation of hyperlinks to the homepage of www.designfriends.ro, is permitted insofar as said action does not present the services of www.designfriends.ro inaccurately, or in a false, deceptive, derogatory or offensive manner. You may not use the Company logo or any other graphic properties or marking as part of hyperlinks without the prior written approval of the Company.
If you are not satisfied with your purchase, you may return it in no more than 14 calendar days, as per the sales conditions mentioned on the invoice. As per Emergency Ordinance no. 34/2014 on consumer rights in relation to remotely concluded contracts: The Consumer (i.e. any private individual or group of private individuals organized into associations, as defined in art. 2.2 of Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and completions) has the right to withdraw from this contract, without having to justify their decision to withdraw and without incurring any costs other than those stipulated in art. 13 paragraph (3) and art. 14 of GEO no. 34/2014, within a term of 14 days starting from the day when the purchase in question comes into their physical possession. RETURN COSTS ARE BORNE BY THE CONSUMER. The returned product must be in the same condition as it was delivered and with all accessories. Products that show physical alterations, signs of impact, dents, chips, scratches, traces of excessive use, etc. are not accepted for return.
In instances where the returned products have damaged or incomplete packaging, traces of wear, scratches, dents, signs of impact, chipping, missing accessories (which were not brought to our attention as being aesthetic defects in the first 48 hours after receipt of the product), we reserve the right to decide to accept or reject return of the product or products in question, or to withhold an a portion of the value of the product, amount which will be communicated after the evaluation of damages suffered by the product or products. We reserve the right to refuse returns in case of behaviur that is deemed abusive (i.e repeated returns). If the return was refused for one or more of the reasons listed above or if the customer shipped the product without completing the return form or sent the product by courier with cash on delivery, the cost of transport back to the Buyer will be at the expense of the Buyer.
According to the provisions of art. 16 of GO 34/2014, contracts for the supply of the following product categories cannot be terminated: a. Products that show physical changes, dents, chipping, scratches, (not reported as aesthetic defects in the first 48 hours after receipt of the product); Return of goods can be performed in the following situations, with the express clarification that the below enumeration is exhaustive: 1. the goods subject to return show defects, provided that failure to inform of the alleged defects within 24 hours from the receipt of the goods by the Buyer is equivalent to the acceptance of the goods as being without apparent defects. 2. the goods were invoiced incorrectly by the Seller; 3. the goods were delivered incorrectly by the Seller.
The buyer will register receipt the products within 24 hours of delivery. Any non-compliance regarding accurate invoicing and delivery of the products will not be accepted after this term. Complaints regarding hidden defects are accepted within a maximum of 14 days from the date of delivery. For complaints regarding incorrect invoicing or delivery by MARK & MORE IDEAS SRL, complaints will be considered only if: - complaints are lodged within an agreed period of 14 days from the date of delivery - the goods are presented for return/replacement in their original packaging, with all the original accessories. This online store is destined for private individuals and legal entities in Romania. Any complaints regarding returns can be resolved through the customer relations department, from Monday to Friday, between 8:00 and 17:00, at the number 021 255 7212, or by email email@example.com
We apologize for any errors or mistakes that may occur in connection with the codes, description, dimensions or prices of the products on the website. Some technical specifications or prices are subject to change by the manufacturer without notice or may contain operating errors.
The photos are informative. The products may differ from the presented images due to modifications made by the manufacturer to the characteristics or design of the products without prior notice.
Promotions are valid while stocks last.
The entire content of the site is the property of MARK & MORE IDEAS SRL, and is protected by Romanian and international copyright law. All copyrighted information on this site is owned by MARK & MORE IDEAS SRL or its partners.
No material on this site may be reproduced in part, in full or modified without the written permission of MARK & MORE IDEAS SRL.
The content of this site, the texts, graphics, photos, software, logos and any other materials present on the site are protected by copyright law and other legal regulations in the field of intellectual property and are the property of MARK & MORE IDEAS SRL or its partners. Reproduction, copying, multiplication, sale, resale or exploitation of the information on this site without the written consent of the legal representatives of MARK & MORE IDEAS SRL may attract civil or criminal liability.
The e-mail address for reporting any intellectual property issues is firstname.lastname@example.org