The general terms and conditions will be applied to all sales of goods and services by SC MrGift SRL within the means of the virtual shop www.MrGift.ro to the Customer.
MrGift.ro commits not to transmit the personal data of the website's users to third parties, and to only use them for the purpose of establishing contact with clients, as well as to inform them about the aspects of the site's functionality and its offers.
The compainy will retain personal data, and will use it for the purpose of informing the users regarding their account at Mrgift.ro, the progress and state of orders, as well as for assessment of the offered products and services. MrGift.ro may notify users regarding current offers via newsletter, and may send gift coupons, special messages or greetings. MrGift.ro does not promote SPAM. Any user who has explicitly provided their email address on the website MrGift.ro may opt for its deletion from our database. In addition, if the users do not wish to receive the MrGift.ro newsletter anymore, they can unsubscribe utilising the link from the newsletter email's footer.
For information and customer support, or communication and complaints, you can contact us at the email address email@example.com.
The following terms will mean:
Customer - a person, corporation, company or any other legal entity that places an order.
Merchant - the SC Wedo Line SRL commercial society, having its office at Isla, jud. Mures nr 97.
Goods and Services - any product or service, including the documents and services mentioned in an Order, which will be provided by the Merchant to the Customer.
Order - an electronic document or telephone contract that serves as a form of communication between the Merchant and Customer, in which the Merchant agrees to deliver the Goods and Services, and the Customer agrees to receive these and make a payment for them.
Contract - an Order that is confirmed in writing or verbally by the Merchant.
Intellectual Property Rights (IPR in the following) - all immaterial rights such as know-how, authorial rights and rights as an author, database rights, projection rights, patent and model rights, registered brands and registration of domain names for any of the above.
Specifications - all specifications and/or descriptions of Goods and Services as established in the Order.
2. CONTRACTUAL DOCUMENTS
By placing an electronic or telephone order on the website www.MrGift.ro, the Customer agrees to the method of communication (via telephone or email) with which the Merchant runs their operations.
The Order will be composed of the following documents, in order of importance:
a. the Order (together with the precise billing and delivery details) and its specific conditions
b. the Specifications of the Customer (where they are necessary)
c. Terms and conditions
If the Merchant confirms the Order, this will imply a complete acceptance of the Order's terms. The acceptance of the Order by the Merchant is considered final when there exists a verbal (telephone) or electronic (email) confirmation from the Merchant to the Customer, without the latter needing to confirm its receival. The Merchant does not in any moment consider an unconfirmed Order as having the value of a Contract.
The present Contract enters into effect when the Merchant confirms the Order. This will be done via telephone or electronically (email). The general terms and conditions for a sale will be at the base of a Contract thus made.
3. EXTENSION OF THE MERCHANT'S OBLIGATIONS
a. The Merchant will utilise their professional and technical knowledge to reach the result specified in the Order, and will deliver the Goods and Services that fulfill the requirements, needs and specifications of the Customer.
b. The information presented on the Merchant's website is of an informational nature, and may be modified by the Merchant without previous notification. In addition, owing to consideration of space and the coherence of the information's structure, the product descriptions may be incomplete, however, the Merchant makes an effort to present the most relevant information, so that the product can be used within the parameters that it has been purchased for.
c. The product photos are of an informational nature. There might be differences in shade as compared to the product's actual color, as a result of the photography or the Customer's display settings.
d. Communication with the shop - this can be done by interaction, posting opinions regarding the products, or communication using the addresses provided on the Contact page. The opinions or addresses that contain offensive content or language will be excluded from the site or ignored. The Merchant has the liberty to manage the received information without a need for justification.
4. ASSIGNING AND SUBCONTRACTING
The Merchant may assign and/or subcontract a third party for services regarding the fulfillment of the Contract, with the information of the Customer, but without a need for the latter's accord. The Merchant will always be responsible towards the Customer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Customer understands intelectual property rights, and will not reveal to a third party or make public (on the internet or in media) any of the notices received from the Merchant. Similarly, the website's name and its graphic signs are registered brands in the property of SC Wedo Line SRL, and cannot be adapted, copied or used without the written permission of the owner.
6. CONFIDENTIALITY - PUBLICITY
Information of any nature that has been provided by the Customer to the Merchant will remain in the ownership of the Merchant. They can be used only to execute the contract, and can be made known only with the written consent of the Merchant, and after obtaining a confidentiality agreement from the part of the one receiving them. No public declaration, promotion, press release or any other way of revealing to third parties will be made by the Customer regarding an order without the previous written consent of the Merchant. The clients' data cannot be used, nor can it be given to other parties.
7. PENALTY TERMS
In case that the delivery and/or starting terms of an Order cannot be respected, the Merchant is obligated to notify the Customer of the estimated time for finalisation of the delivery. The Customer will have the right to claim supplemental damages from the Merchant, when it is legally permitted, in case of total or partial unfulfillment of the Contract from the Merchant's part according to the established terms. In case that the Customer is late out of their own fault with the payment of the goods within the timeframe established in the invoice emitted by the Merchant, they are required to pay a penalty fee that is 0,5%/day of the sum they owe. In case that the Merchant receives incorrect information regarding billing or delivery, a new timeframe for honoring the order will be established, which will have to fit within a term of three working days.
8. BILLING - PAYMENT
The price, payment method and payment terms are specified in the Order. The Merchant will release to the Customer an invoice for the delivered Goods and Services, the obligation of the Customer being to provide all information necessary for releasing the invoice in accordance with the current legislation. The invoice contains ONLY the value of the product, the value of personalization services will be specified via telephone, together with accepting the graphical solution provided by mrGift.ro.
9. RISKS AND RESPONSIBILITIES
a. Delivery - the Merchant commits to deliver the Goods and Services to the address of the Customer via a door-to-door courier service.
b. Transport and Packaging - Unless the Merchant and the Customer have agreed differently, the Merchant discharges themselves of the risks and responsibilities associated with the Goods and Services in the moment of handing these to the internal courier service that the Merchant is collaborating with, or to the representative of the Customer. The Merchant will ensure corresponding packaging of the Goods and Services, as well as ensure transmission of the accompanying documents. The Merchant will provide delivery of Goods and Services within the territory of Romania.
Acceptance will be done when the Goods and Services confirm to the technical characteristics specified in the Order. In case that the Customer discovers that the delivered products or the provided services do not confirm to the technical specifications, the Merchant will bring to conformity the products and services.
11. TRANSFER OF OWNERSHIP
Ownership of Goods and Services will be transferred at the moment that the Customer makes the payment in the location established in the Order (understanding by delivery - the signing of the transport document provided by the courier, or signing of receival on the invoice in the case of delivery made by the Merchant's personnel). In case of delivery being made by a courier, they are not authorized by the Merchant to permit the Customer to open the package before signing for delivery, only after signing for delivery and making the payment for the package's value.
The Merchant cannot be held responsible for any kinds of damages that the Customer or any third party may suffer as a result of the Merchant fulfilling any of their obligations regarding the Order, nor for damages resulting from using the Goods and Services after the delivery, and especially for loss of products. The Merchant will not be responsible in case that their subcontractors and/or partners of any kind involved with completing an Order do not fulfill any of their contractual obligations,
13. VIS MAJOR
Neither party will be held responsible for not fulfilling any of their contractual obligations, if such unfulfillment stems from a vis major event. Vis major is any event that is unforeseen, out of the control of either party, and cannot be avoided.
14. APPLICABLE LAW - JURISDICTION
The present contract is subject to Romanian law. Eventual litigations that appear between the organizer and participants will be resolved amicably or, in case that this is not possible, the litigation will be done by the acting Romanian judiciary authorities.
15. VARIOUS PROVISION
The parties of a contract will be considered independent contractors, and neither party is accorded the right or authority to assume or create any obligation in the name of or to the damage of the other. The terms and conditions of this contract replace previous writtten or verbal agreements between the mentioned parties, regarding the subject of the present contract, and cannot be modified or changed, except by a written agreement signed by both parties.