TERMS AND CONDITIONS
The website www.mobilaloma.ro, is the property of SC ROZAMARIA SRL registered at the address 75 Mestesugarilor street, Oradea, Bihor. The use of this site implies the acceptance of the terms and conditions below. We recommend reading them carefully. SC ROZAMARIA SRL assumes the right to amend these provisions with no other notification.
The latest version may be found by accessing the page entitled “Terms and conditions”.
SC ROZAMARIA SRL warrants to the user limited access, for his own interest (placing online orders, information) on the site www.mobilaloma.ro and it does not confer him the right to download or to partly or wholly modify the site, to partly or wholly reproduce the site, to copy, to sell/resell or use the site in any other manner, for commercial purposes or which are contrary to the interests of the company SC ROZAMARIA SRL, without its prior written consent. The right to create a web-link connection – to www.mobilaloma.ro is limited, non-exclusive and revocable and it is granted as long as it does not entail any kind of shortcomings for SC ROZAMARIA SRL or any of our partners, only after our approval was obtained in writing or by email.
1. COPYRIGHT OF SC ROZAMARIA SRL ON THE INFORMATION POSTED ON THE SITE SITE
The entire content of the site www.mobilaloma.ro – images, texts, graphics, symbols, elements of graphics, emails, scripts, programs and other data – is the property of SC ROZAMARIA SRL and of its suppliers and it is defended by the Law for copyright protection (law no. 8/1996) and by the laws concerning the intellectual and industrial property. The use without the approval of SC ROZAMARIA SRL of any elements listed above is sanctioned pursuant to the law in force. It is allowed the use of the site www.mobilaloma.ro only within the limits mentioned in this document.
2. PRODUCTS AND SERVICES PROVIDED BY SC ROZAMARIA SRL ON THE SITE WWW.MOBILALOMA.RO, PRICING POLICY
SC ROZAMARIA SRL reserves the right to select its customers. The products traded by www.mobilaloma.ro are new, in the original packaging of the producer and in the moment when they are delivered, they are accompanied by invoice, in compliance with the law in force. The products and the services are provided under the conditions of observing the provisions of this document and within the limits of the stock available. Based on these grounds, SC ROZAMARIA SRL assumes the right not to execute a certain order if the respective product is no longer available in stock or in the current offer of the importer. The prices claimed are periodically updated and they include VAT (20%), but they do not include delivery expenses besides the case when it is explicitly specified on the site. The purchase price printed on the invoice will be the same with the one set by the sales consultant of SC ROZAMARIA SRL in the moment when confirming the order as being a firm order.
Despite our efforts, a reduced number of products may have been assigned incorrect prices on the site, established erroneously by our computer application. In these circumstances, it will always be considered as a final price the one accepted by the customer during the discussions had with the sales consultants of SC ROZAMARIA SRL. If the real price of the product is the higher than the price posted on the site, our sales consultants are entitled to meet your request to deliver the product at the price published on the site, only if we may do that, as you are also entitled to refuse the respective order. Should the real price be lower than the price posted on the site and you have paid the price in advance, the difference will be reimbursed to you as it will be mutually agreed upon, but no later than 30 days from the date when receiving the product.
SC ROZAMARIA SRL does not provide any guarantee concerning, but not limited to the operation of this site, the information, the accuracy of the descriptions, the content update. The users expressly agree that the use of this site and the purchase of the related services and products are made at their own risk, the only derogation representing the obligation of SC ROZAMARIA SRL to grant the users the right to unilaterally terminate the contract, in compliance with the law in force (Art. 1276 of the Civil Code), a right set forth below in this document. The images published on this site are taken into a studio and they comply with the products that will be delivered. Because of the large number of products, in certain cases, the products displayed and those delivered may be different from the images posted (color, accessories, aspect etc.). The content of www.mobilaloma.ro (texts, description of the products, technical features, images, symbols) is made up by cooperating with the representatives of the respective Romanian producers. Due to this reason, SC ROZAMARIA SRL does not assume the responsibility for the descriptions and specifications of the products posted on the site www.mobilaloma.ro, these being put at our disposal by the representatives of each brand or by the importers agreed by them. SC ROZAMARIA SRL and its partners reserve the right to modify the technical specifications of the products with no prior notification.
3. PRODUCT WARRANTY
The commercial warranty comprises 30 days from the date when the products are purchased, the purchaser being bound to keep the purchasing invoice, the proof of payment, the intact packaging, respectively the instructions for use received in the moment when buying the products. The consumer’s rights are observed in accordance with the Law no. 449/2003, Government Ordinance no. 21/1992 and with the Law no. 296/2004. By the warranty granted, the consumer’s rights provided by the law in force are not affected. The dispatch of the products to the supplier is made at the purchaser’s expense. If SC ROZMARIA cannot replace the product with a conforming one, it will pay back the equivalent value of the product in at the most 30 days from the date of recall. The post-sale service and the product-related warranties are provided by the importing companies. When buying the products that imply post-sale warranty and service, you receive warranty certificates provided by the brand importers in Romania, together with details in order to contact them subsequently.
For any further information, do not hesitate to contact us: mobile phone no. 0770/268.582, email: firstname.lastname@example.org. The guarantee of quality and compliance of the services provided by www.mobilaloma.ro by SC ROZAMARIA SRL, the act of providing warranties and product recall are performed in compliance with the specific field-related law, respectively: Government Ordinance 130/2000 on the legal regime of the distance contracts, republished with the prior amendments, Government Ordinance 21/1992 on the consumers’ protection, republished (2), with the subsequent amendments and completions, Law no. 148/2000 on the advertising, with the subsequent amendments and completions, Law no. 365/2002 on the e-commerce, republished, Government Decision no. 1308/2002 on the approval of methodological rules for the implementation of Law no. 365/2002 on the e-commerce, Law no. 363/2007 of 21st December 2007 on the fight against the incorrect practices of the traders in relation with the consumers and the harmonization of the rules with the European law on the consumers’ protection, with the subsequent amendments, Law no. 193 of 6th November 2000 on the unfair terms of the contracts concluded between the traders and consumers, republished (r2), with the subsequent amendments, Order no. 72 of 11th March 2010 on some information measures of the consumers, Law no. 455/2001 on the electronic signature, Law no. 506/2004 on the personal data processing and protection of the private life in the electronic communication sector, with the subsequent amendments and completions, Law no. 677/2001 for the persons’ protection concerning the personal data processing and free movement of these data, with the subsequent amendments and completions, Regulation no. 6/2006 issued by NBR (National Bank of Romania) on the issuance and use of the electronic payment instruments and relations between the participants to the transactions with these instruments, as laid down by the official site of the Romanian National Authority for the Consumers’ Protection, www.anpcnet.ro. We are more than eager to provide you further details, by phone 0040-758.564.874, from Monday-Friday, 09:00-17:00.
4. RIGHT to return the products purchased
The consumer is entitled TO NOTIFY IN WRITING the trader on the fact that he does not wish to purchase anymore, without any penalties and without giving any reason, in 14 working days from the receipt of the product, in compliance with the Government Emergency Ordinance 34/2014 on the legal regime of the distance contracts. The sole costs which the consumer should cover are the direct expenses for the return of the products. The 14-day deadline provided for the exercise of this right begins running, for the products, from the date when they were received by the consumer. Should the consumer exercise his right to unilaterally terminate the contract, the trader is bound to reimburse the amounts paid by the consumer without demanding him to costs related to the reimbursement of the amounts. The reimbursement of the amounts will be made in at the most 30 days from the date when the contract is terminated by the consumer. The consumer may lodge his complaints in writing, at the registered office located at: str. Mestesugarilor no. 75, Oradea, Bihor or by the email address: email@example.com of the trader SC ROZAMARIA SRL, schedule: Monday-Friday, 09:00 – 17:00.
In compliance with the law in force mentioned, the product may be RETURNED only after the NOTIFICATION IN WRITING of the trader, in the ORIGINAL PACKAGING and without having been USED, accompanied by all labels and related documents, received in the moment when delivering the order. The payment of the return transport pertains exclusively to the customer. There are not accepted for return the products which display physical alterations, bruises, chippings, scratches, shocks etc. or without the original packaging. The address of destination for the return packages is: Str. Mestesugarilor no. 75,Oradea, Bihor.
5. USER’S COMMENTS ON WWW.MOBILALOMA.RO
The users who access the site www.mobilaloma.ro may post comments concerning the products offered, which may be published on the site after a prior approval. SC ROZAMARIA SRL reserves the right, but not the obligation not to publish on the site comments with an illegal, obscene, threatening, defamatory content, which could disturb in any way the private life of other persons, break the intellectual property rights, which contains viruses, texts representing mass emails or any other form of spam. SC ROZAMARIA SRL will not be liable and cannot either be compelled to pay any kind of compensation for damage caused by such comments or electronic communication, it being provided under the same limitation of liability as the rest of the content existing on the site, pursuant to the articles set out by this document. In case of sending some information, different than those related to the purchase/sale procedure of some products, it is considered that the user grants to the company SC ROZAMARIA SRL and to its partners the non-exclusive, unlimited, free, irrevocable and re-transferable right to use, reproduce, alter, adjust, publish, translate, as well as the right to distribute it by any kind of media, everywhere.
The user warrants that he has all rights over the content transmitted by any way in order to be published on the site or not, so that, by using this content, he does not cause injury to any other person.
6. QUALITY OF THE HOSTING SERVICES, LINKS TO OTHER SITES, MALFUNCTION
The site www.mobilaloma.ro is hosted by the servers of a third company. SC ROZAMARIA SRL cannot be held liable for any possible failures of the site, irrespective of the reasons for which they occur, as they include scheduled changes of the site, settings or updates of scripts. SC ROZAMARIA SRL cannot be also held liable for the failures occurred due to the use of certain browsers for visiting the site www.mobilaloma.ro. SC ROZAMARIA SRL is not liable for the content, quality or nature of the sites which are accessed by links from the site www.mobilaloma.ro. For the respective sites, the entire liability pertains to the owners of the sites concerned.
7. SUBSCRIPTION TO AND UNSUBSCRIPTION from NEWSLETTER
The subscribers to the newsletter of www.mobilaloma.ro may resend these commercial communications to other persons, on their own liability, and if they have not altered the structure or the content of the respective messages. The persons who received from the subscribers the newsletter of www.mobilaloma.ro the commercial messages are to be considered as being previously informed by the subscribers on the provisions of this article. In this context, SC ROZAMARIA SRL cannot be held liable under any form of the actions of its subscribers. SC ROZAMARIA SRL reserves the right to restrict the access of any subscriber to the newsletter, if he has any kind of reasons not to believe that the respective subscriber does not observe the provisions of this document.
The invoice is issued without signature and stamp, pursuant to law no. 571/2003 on the Tax Code, art. 155 (28). SC ROZAMARIA SRL is a personal data operator registered with the National Supervisory Authority of Personal Data Processing under no. 0005821. SC ROZAMARIA SRL warrants the security and confidentiality of the data hosted and sent by its computer system. This information will be used by SC ROZAMARIA SRL in order to send to the user the confirmation of the orders, different special offers, promotions etc. only with the customer’s prior consent. The supply of the personal data to SC ROZAMARIA SRL is not compulsory for the users, as they may refuse to supply these data in any circumstances and they demand gratuitously their deletion from the database. Any such request/notification for the purpose of their deletion from the database, will be dated, signed and sent by the persons recorded in the database, by email at the address firstname.lastname@example.org or by mail, to the address: str. Mestesugarilor no. 75, Oradea, Bihor. SC ROZAMARIA SRL binds itself that all personal data will not be disseminated to third parties, apart from the direct marketing operator. The personal data will still be transmitted to the authorities entitled to check the commercial transactions or to other authorities entitled to perform certain checks justified pursuant to the law, if this fact will be demanded in compliance with the laws in force. Due to the way the personal data stored on the system www.mobilaloma.ro are electronically transmitted, SC ROZAMARIA SRL cannot be held liable in any way for their loss or for the multiplication of the information by the unauthorized persons, by using interception devices or software. When notified by the users, SC ROZAMARIA SRL will take all measures and will provide all files necessary to the authorized competent bodies to settle this kind of offence. The information provided by SC ROZAMARIA SRL are used only for the purpose for which they were introduced (order performances, sending messages to the personnel, subscription to the newsletter, etc.), pursuant to the laws in force. SC ROZAMARIA SRL does not provide your email address to third parties, does not encourage the spam and does not make public the data provided by its customers without their explicit approval. SC ROZAMARIA SRL certifies that it will observe all rights granted by Law no. 677/2001 on the persons’ protection concerning the personal data processing and free movement of these data, of Law no. 365/2002on the ecommerce, as well as of the Ordinance no. 130/2000 concerning the consumers’ protection when concluding and executing the distance contracts, with their subsequent amendments. Among these rights, we shall mention (the list is not limited):
- the right to demand SC ROZAMARIA SRL to confirm if your personal data are or not processed, free of charge;
- the right to demand SC ROZAMARIA SRL to rectify, update, block or delete, free of charge, those data supplied whose processing does not comply with the provisions stipulated by Law no. 677/2001;
- the right to demand SC ROZAMARIA SRL to cease, free of charge, processing your personal data;
- the right to demand SC ROZAMARIA SRL to cease sending promotional messages.
Any such request/notice will be dated, signed and sent by the person recorded in the database by email at the address email@example.com or by mail, using the address: Str. Mestesugarilor no. 75, Oradea, Bihor. www.mobilaloma.ro uses security measures against the loss, the alteration or improper use of the information controlled by us.
SC ROZAMARIA SRL cannot be held liable for the failures occurred due to the user’s negligence concerning the security and confidentiality of his own account and password. SC ROZAMARIA SRL cannot be held liable in any way for the loss or alteration of the personal data stored on www.mobilaloma.ro for the purpose specified in this document. Any access of the database with users’ personal data www.mobilaloma.ro, including any attempt to access it in an unauthorized way, will be recorded in an access file. The access files will make possible the identification by SC ROZAMARIA COM S.R.L. of the persons who have accessed personal data without legal grounds, in order to notify the competent bodies. Any attempt to access the personal data of another user, to change the content of the site or to influence the performance of the server which hosts www.mobilaloma.ro, will be construed as an attempt to fraud the website www.mobilaloma.ro and will set in motion the criminal investigation of the person or persons who initiated this action.
9. FINAL PROVISIONS
Any other issue caused by the products and services displayed by www.mobilaloma.ro and which is not already treated by any article of this document, will be settled amicably in 30 working days from the date when the issues were notified by the user.
If the dispute was not amicably settled, the jurisdiction belongs to the Romanian competent courts or, alternatively, to a settling body, agreed by both contracting parties. Agreeing with these Terms and Conditions of use of the site www.mobilaloma.ro, the customer undertakes all consequences of the site use under these conditions. i.
The content of the materials provided on this site is strictly informative. The information posted on this site does not substitute a medical recommendation. The specific settlement of your issues implies the assistance of a specialized competent staff of an authorized establishment. The manager of the site, SC ROZAMARIA SRL, does not assume any liability and does not guarantee the accuracy of the information provided.
11. DECLARATION OF CONFORMITY
SC ROZAMARIA SRL, in compliance with art. 5 of the Government Decision no. 1022/2002 concerning the regime of products and services which could jeopardize the life, the health, the occupational security and environmental protection, takes it upon itself to declare that it ensures and guarantees the fact that the products and/or the services posted on this site for purchase purposes, do not jeopardize the life, the occupational security, do not have a negative impact upon the environment and they comply with the field-related national and international rules and regulations.