Article 1 – OBJECT AND DEFINITION OF MAIN TERMS USED
The general terms and conditions of sale (hereinafter referred to as GTCS) shall apply to all sales of goods and services by S.C. ROMTRANSILVAN LOGISTIC S.R.L. through the online store WWW.GRADINAPADURII.RO to the BUYER.
In this GTCS, the main terms have the following meanings:
-“BUYER”: the natural person, company, or other legal entity issuing an ORDER.
-“SELLER”: S.C. ROMTRANSILVAN LOGISTIC S.R.L. having its headquarters in Oradea, Str Clujului no. 251, CUI RO29855139.
-“GOODS and SERVICES”: any turnkey project, equipment, material and/or part thereof, or service, including the documents and services mentioned in the ORDER or otherwise related to them, to be provided by the SELLER to the BUYER.
-“ORDER”: an electronic document that serves as a form of communication between the SELLER and the BUYER through which the SELLER agrees to deliver the GOODS and SERVICES, and the BUYER agrees to receive these GOODS and SERVICES and make payment for them.
-“CONTRACT”: an ORDER confirmed by the SELLER.
-“INTELLECTUAL PROPERTY RIGHTS” (hereinafter referred to as IPR): all intangible rights such as know-how, copyright and related rights, database rights, design rights, model rights, patents, trademarks, and domain name registrations for any of the above.
-“SPECIFICATIONS”: all specifications and/or descriptions of the GOODS and SERVICES as stated in the order.
By placing an electronic order on the WWW.GRADINAPADURII.RO website, the BUYER agrees to the form of communication (email) through which the SELLER conducts its operations. The order will consist of the following documents, in order of importance:
1) The Order (together with clear mentions regarding delivery and billing data) and its specific conditions
2) The BUYER’s Specifications (where applicable)
3) The present GTCS
If the SELLER confirms the order, this will imply a complete acceptance of the terms of the ORDER. The acceptance of the ORDER by the SELLER is considered completed when there is a verbal (telephone) or electronic (email) confirmation from the SELLER to the BUYER, without requiring a confirmation of receipt from the latter. The SELLER does not consider an unconfirmed order to have the value of a CONTRACT at any time.
Article 3 – VALIDITY
This CONTRACT comes into force upon confirmation of the ORDER by the SELLER. Confirmation is done by phone or electronically (email). The general terms and conditions of sale (GTCS) will form the basis of the CONTRACT thus concluded.
Article 4 – SELLER’S OBLIGATIONS
4.1 The SELLER will use its professional and technical knowledge to achieve the result stipulated in the ORDER and will deliver the GOODS and SERVICES that meet the BUYER’s requirements, needs, and specifications;
4.2 The information presented on the WWW.GRADINAPADURII.RO website is informative and may be modified by the SELLER without prior notice. Also, due to space and coherence considerations, product descriptions may be incomplete, but the SELLER makes efforts to present the most relevant information so that the product can be used within the parameters for which it was purchased;
4.3 Communication with the online store WWW.GRADINAPADURII.RO can be done through interaction with it (by posting opinions about products) or using the addresses mentioned in the Contact section. Opinions or addresses containing insults or inappropriate language will be excluded from the site or ignored. The SELLER has the freedom to manage the information received without being required to provide justifications for this.
Article 5 – ASSIGNMENT AND SUBCONTRACTING
The SELLER may assign and/or subcontract a third party for services related to fulfilling the order, informing the BUYER without requiring their consent. The SELLER will always be responsible to the BUYER for all contractual obligations.
Article 6 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
6.1 S.C. ROMTRANSILVAN LOGISTIC S.R.L. is the sole owner of all rights related to the site and its content. The site and its content include trade secrets and intellectual property rights protected by national laws and international agreements regarding copyright and related rights protection. All property rights, including intellectual property rights over the site and its content, will remain with the SELLER and its affiliates or authorized representatives of the site’s content, as applicable. All rights not modified by this agreement or by S.C. ROMTRANSILVAN LOGISTIC S.R.L. are reserved.
6.2 WWW.GRADINAPADURII.RO, the associated logos, and trademarks are registered trademarks or service marks of S.C. ROMTRANSILVAN LOGISTIC S.R.L. under various jurisdictions and are protected by copyright, trademark, and other property rights laws.
Article 7 – CONFIDENTIALITY – ADVERTISING
7.1 All plans, documents, and information of any nature provided by the BUYER to the SELLER, including – but not limited to – the order, will remain the property of the SELLER. They may only be used for the execution of the contract and may only be disclosed with the written consent of the SELLER and after obtaining a confidentiality commitment from the recipient.
7.2 No public statement, promotion, press release, or any other form of disclosure to third parties will be made by the BUYER regarding the order without the prior written consent of the SELLER.
Article 8 – TERMS – PENALTIES
8.1 If the delivery and/or order start deadlines cannot be met, the SELLER is obliged to inform the BUYER of the estimated delivery time. The BUYER will have the right to claim additional damages from the SELLER, when permitted by law, in case of total or partial non-fulfillment by the SELLER of the execution of the Contract according to the established deadlines.
8.2 If the BUYER delays the payment of the products due to their own fault within the term provided in the invoice issued by the SELLER, they are obliged to pay a penalty of 0.5% per day of the amount due.
8.3 If the SELLER receives erroneous information regarding the billing or delivery of the products, a new order fulfillment deadline will be established.
Article 9 – INVOICING – PAYMENTS
The price and payment method are specified in the Order.
The SELLER will issue an invoice to the BUYER for the GOODS and SERVICES delivered, the BUYER’s obligation being to provide all the necessary information for issuing the invoice in accordance with the legislation in force.
Article 10 – RISKS AND RESPONSIBILITIES
10.1 Delivery: The SELLER undertakes to ship the GOODS and SERVICES in a door-to-door system to the BUYER and ensures a 24-hour or, exceptionally, 48-hour delivery time from the moment the Order status changes to Delivery. In exceptional conditions (weather, road conditions, accidents, etc.), the Seller will inform the Buyer of the delay and provide an estimated delivery time.
10.2 Incorrect characteristics present on the site: The SELLER makes every effort to provide correct information about the price and characteristics of the products. Some prices and/or characteristics may be incorrect. In the event of an order being placed with incorrect characteristics, the SELLER has the right to cancel the BUYER’s order. In the event of an order being placed for a product with incorrect characteristics, the SELLER will make every effort to deliver to the BUYER a product with characteristics as close as possible to those presented on the site at the time of placing the order. If the BUYER does not agree with the SELLER’s proposals, the SELLER has the right to cancel the BUYER’s order.
Note: The 24-hour delivery time is valid for orders placed between 08.00-15.00 (Monday-Thursday). Orders placed after 15.00 will be delivered to the courier the following day, thus delaying the actual delivery time accordingly. Orders placed after 15.00 on Friday will be delivered on Tuesday, the following week. Orders containing frozen products have a special thermal transport regime and thus, deliveries are not made daily. Once the order is confirmed, the BUYER will be contacted to establish and confirm the delivery details.
10.3 Transport – Packaging: The SELLER is discharged from the risks and responsibilities associated with the Goods and Services at the moment of handing them over to the internal courier company with which the SELLER collaborates or to the Buyer’s representative. The SELLER will ensure the proper packaging of the Goods and Services and will ensure the transmission of accompanying documents. The SELLER will deliver the Goods and Services only within the territory of Romania.
Shipping costs are detailed on the DELIVERY page (click here to view).
Acceptance will be made when the Goods and Services comply with the technical characteristics mentioned in the Order. If the BUYER discovers that the delivered Products or provided Services do not comply with the technical specifications, the SELLER will bring the Products and Services into conformity within a maximum period equal to the execution term of the Order, without charging the Buyer any costs related to these operations. Additionally, the SELLER will comply with the provisions of Law 51/2003 for the approval of Government Ordinance no. 130/2000 regarding the legal regime of distance contracts, which grants the BUYER (only under the conditions of the mentioned normative act) the right to unilaterally terminate the Contract within 10 days, and will receive the Contract price within 30 days from the unilateral termination in writing (document signed by the BUYER and sent electronically or by mail with acknowledgment of receipt), conditioned by the return of the Goods and Services. The SELLER has the right to claim damages from the BUYER if it considers that the Buyer’s actions were in bad faith, under the conditions of the legislation.
Article 12 – EXCESS GOODS
Any goods delivered in excess of the quantity specified in the Order may be refused by the BUYER within 7 calendar days from delivery.
Article 13 – WARRANTIES
The products sold on the WWW.GRADINAPADURII.RO website benefit from warranty conditions in accordance with the applicable legislation.
Article 14 – TRANSFER OF OWNERSHIP
Ownership of the Goods and Services will be transferred at the time of payment by the BUYER at the location indicated in the Order (understanding by delivery: signing the receipt of the transport document provided by the courier or signing the receipt on the invoice in the case of deliveries made by the SELLER’s staff). In the case of delivery by courier, the courier is not authorized by the SELLER to allow the BUYER to open the parcels before signing the receipt, but only after signing the receipt of the parcel and paying any equivalent value of it. The SELLER cannot be held responsible for the contents of the parcels sent unless there is a document concluded by the BUYER and the courier representative who made the delivery.
Article 15 – LIABILITY
15.1 The SELLER cannot be held responsible for any damages that the BUYER or any third party may suffer as a result of the SELLER fulfilling any of its obligations according to the Order and for damages resulting from the use of the Goods and Services after delivery, especially for the loss of products.
15.2 The SELLER will be liable if its subcontractors and/or any kind of partners involved in the execution of the Order do not fulfill any of the contractual obligations.
Article 16 – BREACH – TERMINATION
16.1 If the SELLER does not fulfill its obligations, the BUYER will notify the SELLER of this non-fulfillment. An action plan will be validated between the Parties within 3 days from the notification.
16.2 The BUYER may cancel an Order by email before it has been delivered. Otherwise, the order will be subject to the return of goods, mentioned on the WWW.GRADINAPADURII.RO website, in the Return Conditions section.
Article 17 – FORCE MAJEURE
17.1 None of the contracting parties is liable for the non-performance on time or/and for the improper performance – totally or partially – of any obligation that falls on them under this Contract, if the non-performance or improper performance of the respective obligation was caused by force majeure, as defined by law.
17.2 The party invoking force majeure is obliged to notify the other party within 3 days of the occurrence of the event and to take all possible measures to limit its consequences.
17.3 If within 30 days from the occurrence, the event does not cease, the parties have the right to notify the termination of this contract without any of them claiming damages.
Article 18 – APPLICABLE LAW – JURISDICTION
This Contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract will be resolved amicably. If no agreement is reached in this way, the competent courts at the SELLER’s headquarters will be approached.