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General Terms and Conditions
(hereinafter referred to as "TCG") for the sale of products through the online store www.aerium.ro
1. The trader - identification and contact data
The website www.aerium.ro, hereinafter referred to as "aerium.ro", is owned and administered by the company GD AERIUM SRL, hereinafter referred to as "GD AERIUM SRL", having the following identification data: Unique Registration Code 33117008, registered at the Trade Register with no. J40/5222/2014, with share capital in the amount of 200 lei and with headquarters in Aleea Platanului, No. 2, Sector 5, Bucharest, Romania. Phone: +40.727.85.87.81. E-mail: contact@aerium.ro
2. The products sold
The products displayed through the aerium.ro website are sold to individuals over 18 years of age, on the date of issuing the order, as well as to legal entities, with the appropriate application of these TCG and within the limit of available stock. The mentions made on the website regarding the products sold, regarding their existence in the seller's stock, are informative and estimative, without the mention "in stock" or other similar mentions creating obligations for the seller. Consequently, the possibility of honoring the order made, at the prices displayed on the website at the time of placing the order, will be assessed according to the available stock at the time of actual receipt and verification by the seller of the order. In this sense, buyers must take into account that, in the case of orders made by means of electronic means, they will be analyzed within a maximum of 1-2 working days from the date of their formulation. Thus, the announcements published on the website, including regarding the availability of the products at the price and under the stated conditions, have the legal nature of proposals addressed to unspecified persons, and cannot be considered irrevocable offers for the conclusion of the contract. To the extent that the sale of the products is based on the order made by the buyer, the contract will be considered validly concluded when the seller sends the order confirmation. The company never considers an unconfirmed order as having the value of a contract. The contract is considered concluded when the e-mail containing the order confirmation is sent to the buyer. Confirmation of the order will be possible only to the extent that the ordered products are in stock, under the same conditions as those displayed on the website at the time of issuing the order by the customer, without the responsibility of the seller in the event of the impossibility of honoring the order, for failure to fulfill this condition . The existence of the products in stock and the completion of the contract will be confirmed by the seller to the buyer by email/telephone, depending on the contact details mentioned by the customer in the order. The contract is considered to be concluded in a simplified form between the parties, in the Romanian language, based on the order sent and the order confirmation, with the application of these TCG that are an integral part of the contract.
All the photos presented on the website are for presentation purposes, they may differ depending on the available stocks/nature of the products, etc. The prices displayed on the website are in RON, but they do not include the cost of the transport, the amount that will be added to the total payment. The level of transport costs is presented in the section “Shipping“.
If errors occur and some products are posted with the wrong price, you will be contacted and you will have the option of confirming the order at the correct price or canceling it. If you cannot be contacted, the order will be considered canceled and the refund procedure will be used. We do not oblige ourselves to honor orders whose object is products whose price is wrong, and the mistake is noticeable, the price shown not falling into our usual price grid.
We reserve the right to change the price of the products posted on the site at any time, with the exception of products that are the subject of a confirmed order. The prices of the products can be the subject of a negotiation only in the case of large quantities and/or according to specific conditions established by the agreement of the parties.
3. Order
The seller offers you two possibilities to order the sold products, respectively:
a) Online order
It is necessary to register on the website, on the page aerium.ro, with the entry of all the requested data and the provision of a valid e-mail address to confirm registration. After completing the registration form, the customer will receive an e-mail to the address specified in the registration form to confirm registration on the site.
After confirming the customer's registration in our database, he can start selecting the desired products in an order. After completing the order, the customer will be contacted in the shortest possible time (at most 1-2 working days) by a representative of our company to confirm the availability of the desired products in stock and to select the method of delivery and payment. After receiving the order confirmation by email, the customer has the obligation to carefully check all the information and immediately notify the company employees of any errors that may have occurred. The company will not be held responsible for any delays or communication errors caused by customer mistakes, omissions, interruptions, deletion of files from email, errors, defects, viruses, delays in operation or transmission, whether or not they are the result of force majeure. major, communication errors, theft, destruction or unauthorized access to databases, systems or services owned by the company.
Orders made can be modified by the customer, before receiving the confirmation email, or later, with the seller's agreement, if the products have not at least been prepared for shipment, provided that these changes are communicated in writing and by phone, mentioning the exact number of the registered order, the date of the order, the customer's identification data as they were mentioned in the order. If the changes made do not comply with the cumulative conditions thus established, the fault of the seller is excluded in terms of honoring the order under the conditions initially communicated, without taking into account the changes to the order made by the customer.
b) Offline order
Call the phone number displayed on the website, in the contact section, to receive all the necessary instructions and information about registration in the database, orders, product information or help from a specialist. Telephone orders placed do not determine the assumption of obligations by the seller, without these orders being confirmed in writing, according to the instructions received. The customer has the obligation to carefully check all the information after receiving the order confirmation by email and immediately notify the company's employees of any errors that may have occurred. The company will not be held responsible for any delays or communication errors caused by customer mistakes, omissions, interruptions, deletion of files from email, errors, defects, viruses, delays in operation or transmission, whether or not they are the result of force majeure. major, communication errors, theft, destruction or unauthorized access to databases, systems or services owned by the company.
4. Conditions and methods of payment
The products ordered through aerium.ro are paid according to the option selected in the order, respectively:
a) through the refund system upon receipt of the parcel with the products
b) by payment order to the company's account - in this case, the payment will be made in advance, the buyer assuming that the ordered products will be ready for delivery only after the buyer communicates the proof of payment, followed by crediting the seller's account. In the conditions that the payment is not made within a maximum of 2 days from the confirmation of the order, the seller has the right to suspend the execution of the order and cannot be obliged to keep the ordered products unavailable.
c) through other methods agreed upon at the sale or signing of the contract, as the case may be - in this case, the agreed payment method will be expressly established by the seller and the buyer.
5. Delivery of products
The products are delivered to the address indicated by the buyer, as the delivery address, within minimum 24 hours and maximum 5 days from the order confirmation date for all products that are in stock and within 14 - 100 days for products that are produced only on the basis of a firm order (on the condition that the seller's bank account is credited, if the payment is made in advance, by payment order to the company's account). In temperature conditions below 0 degrees Celsius, we reserve the right to delay the delivery of the products, by contacting the customer beforehand.
The address and specific delivery conditions will be established together with or communicated to the buyer, after the order has been made and confirmed. In this sense, a sales agent will contact the buyer during working hours, respectively in the time interval 10:00 - 18:00 from Monday to Friday to send him the delivery details.
The transport cost is the sole responsibility of the buyer and is quantified according to the number of products ordered, their volume or weight. If the delivery is made by the means proposed by the seller, the exact cost of delivery is determined by applying the courier partner's tariff. For more clarity, in all cases where an order is prepared for delivery and sent to the address indicated as the delivery address, the costs related to transport are the sole responsibility of the buyer, regardless of whether the order is delivered or not, including in case of refusal of receiving/indicating an incorrect address, etc., or for any other reasons that cannot be attributed exclusively to the seller's company. The ordered products are delivered anywhere in Romania and anywhere in the world, by fast courier services or another method desired by the customer. If the method of delivery is established by the customer, the products will be delivered at the exclusive risk of the buyer.
For security reasons, it is requested to sign the delivery order of the order. No deliveries are made to PO Boxes and Post Offices or with the Romanian Post courier service. Please check, upon delivery, the compliance of the order: the number of boxes, the integrity of the package, the correspondence of the delivery code with the one in the order. Please report any lack of compliance, in writing, both in the courier company's documentation and at the address contact@aerium.ro. If the received product is damaged, it is recommended to return it in its original condition, through the same carrier, without using it and without removing the labels. The loss or damage of the products ordered on the Website becomes your responsibility, once you sign the transport documents. In the case of returning the ordered products for any reason, the seller cannot be obliged to reimburse the customer the costs related to the sale and/or the transport costs (i.e. both the delivery costs and the costs of returning the products), with the exception of the situations expressly regulated in these TCG. In case of refusal of receipt/impossibility of delivery for reasons attributable to the buyer/recipient of the order, the seller does not assume any responsibility regarding the condition of the ordered products and does not in any way ensure the partial or full return of the value of the order.
The recipient of the package can be contacted by phone before delivery, to establish the distribution route. The recipient will not be told in advance what exactly he is going to receive, using the general term "parcel".
Our company does not assume any obligation if the delivery cannot be made due to incorrect delivery information, refusal of receipt by the recipient or if the recipient cannot be contacted using the data provided by the client, extreme weather situations (for example: code yellow / code red / code orange), limited access to the address, very crowded periods such as February 14, March 1, March 8, Easter, Christmas, etc. The shipment of the order in question can be redirected for a fee to a new location with delivery within 48 hours. An order in such a situation cannot be considered undelivered. We undertake to provide the details regarding the status of a delivery to our customers as soon as possible when they are requested, by phone or in writing, using the contact details published on the seller's website, and to do everything possible to facilitate the delivery orders.
6. Applicable conditions for orders made by natural persons, in their own name, as consumers, according to the legislation in force
The provisions of section 6 of these TCG are applicable exclusively with regard to the sale of products through the aerium.ro website, based on orders made in their own name by natural persons who have the capacity of consumers, provided that these orders are carried out in their own name and interest. If the provisions of this section, which apply cumulatively with the rest of the TCG provisions, are contradictory to any other provisions within these TCG, the provisions of section 6 prevail, which are supplemented with any imperative provisions that regulate consumer rights. At the same time, in the event that these TCG are contradictory to the mandatory legal provisions that regulate certain rights in favor of natural persons, traders, in force on the date of conclusion of the sale, the legal provisions regarding consumer protection prevail.
6.1. The buyer has the right to notify the merchant in writing that he is canceling the purchase, without penalties and without citing a reason, within 10 working days of receiving the products.
The direct costs of returning the products are the sole responsibility of the buyer. At the same time, the transport of the products for return is carried out at the risk of the buyer, until the moment of signing the receipt by the legal representative of the seller or the person expressly authorized to receive the returned products.
To exercise the right to unilaterally terminate the contract, you must inform us in writing, on the adress contact@aerium.ro. The refund of the amounts will be made within 30 days at the latest from the date of receipt of the products by the seller, with cumulative compliance with the conditions established for the return, the date on which the seller will confirm the receipt and operation of the unilateral denunciation, to the extent that the cumulative conditions of this section.
Sale-purchase contracts with products considered perishable cannot be unilaterally denounced (having this mention marked on the packaging and in the product details on the website), respectively products that by their nature cannot be re-used or that can degrade or damage quickly, as well as any products made to order and/or customized, made according to consumer specifications. In order to accept the return of the products, they must be in the same condition in which they were delivered (to have the original labels and packaging, not to be used or damaged; the integrity of the accompanying documents, with which the seller delivered the product). The package must also contain the Return Form completed with all the necessary information. You can request the Return Form at the address contact@aerium.ro. In order to resolve your refund request as quickly as possible, we recommend that you refund the products through the courier company CARGUS.
6.2. In accordance with Law nr. 296/2004 regarding the Consumer Code and Law nr. 449/2003 regarding the sale of the products and the guarantees associated with them, we declare that the delivered product corresponds to the description made on the aerium.ro website, respectively respects the qualities described in the product presentation section. The seller is responsible for the lack of conformity existing at the time of delivery of the products. The seller cannot be held liable for damages caused to the customer based on the latter's assessments/estimates regarding product qualities that were not expressly mentioned in the product description. At the same time, the non-conformities resulting from the transport or use/installation in inappropriate conditions, the perishable nature of the product cannot be claimed and imputed to the seller. The warranty granted for the products is granted upon presentation of the product together with the Tax Invoice, the Warranty and Conformity Certificate, which certifies the purchase of the good and the entire related documentation. The Warranty and Conformity will be written on the purchase invoice for each product category separately. In order to benefit from the product warranty, the buyer undertakes to fully comply with the instructions for use and maintenance, to the extent that they were provided by the manufacturer/seller.
7. Personal data
According to the requirements Law nr. 677/2001 for the protection of individuals regarding the processing of personal data and the free circulation of this data, modified and completed, aerium.ro has the obligation to administer in safe conditions and only for the specified purposes, the personal data that you provide us about yourself. The purpose of data collection is: informing users about the account status on aerium.ro, informing users/customers about the evolution and status of orders, evaluating the products and services offered, for advertising, marketing and advertising.
Thus, aerium.ro can notify users about current offers through the weekly newsletter, and can send greetings, gift coupons or other special messages. aerium.ro does not promote SPAM. Any user who has explicitly provided his email address on the aerium.ro website can opt for its deletion from our database, through a written request, sent to the address in the section contact, from the e-mail address provided by the customer when creating the account.
Your personal data will be used for the purpose for which you provided it, to administer, support and evaluate our services and prevent breaches of security, the law and our contractual terms.
Also, aerium.ro will provide your personal data to other companies with which it is in partnership, but only after we have ensured through a contract that this information is kept safe and that the provision of this personal information does according to the legislation in force, as follows: service providers of marketing services, telemarketing or other services, other companies with which we can develop joint programs for offering our products and services on the market, insurers.
Your personal information can also be provided to the Prosecutor's Office, the Police, the Courts and other authorized state bodies, based on and within the limits of the legal provisions and as a result of express requests.
according to Law nr. 677/2001, benefit from the right of access, intervention on the data, the right not to be subject to an individual decision and the right to go to court. At the same time, you have the right to object to the processing of your personal data and to request the deletion of the data, except in the cases provided by law. To exercise these rights, you can send us a written, dated and signed request to the address: contact@aerium.ro
8. Litigation
Any dispute arising between GD AERIUM SRL and the client will be resolved amicably. If this is not possible, the dispute will be resolved by the competent Romanian courts at the headquarters of GD AERIUM SRL.
9. General clauses
This document establishes the conditions for the sale and purchase of products through the aerium.ro website, including the terms and conditions under which you can use the aerium.ro website. Also, access to the site will be made under the authority of the terms and conditions presented in this document. Using the site as a visitor, registering as a user and purchasing the products from the range offered on the site implicitly assume the tacit and unreserved acceptance of these terms and conditions, with all the consequences that arise from them. The use of the site will be done with the aim of viewing the products and information about them and about the store, as well as creating an account that will be used to purchase the desired products. The use of the site for purposes other than those mentioned is prohibited. GD AERIUM SRL can at any time make changes to the content of the aerium.ro site, changes to the structure and accessibility, can stop providing information on the site, without requiring prior agreement and without giving any notification to users or third parties. [/vc_column_text][/vc_column][/vc_row]