1. TERMS AND DEFINITIONS
TEHNOGLOBAL– is the commercial name of Tehnoglobal ERA SA, a legal entity, having its registered office in Cluj-Napoca, 47/15 N Tăietura Turcului Street, Cluj county, postal code 400221, Romania, having an order number in the Trade Register J12/1299/2003, unique tax registration number RO15448690.
Seller – Tehnoglobal ERA SA
Buyer, Client – the legal entity that has or obtains access to CONTENT by any means of communication made available by Tehnoglobal ERA SA (electronic, telephone, etc.) or under an existing use contract between Tehnoglobal and said buyer or client.
User – any legal entity/individual that utilizes the website.
Webite – the www.tehnoglobal.ro domain and its subdomains.
Purchase order – an electronic document that intervenes as a means of communication between the Seller and the Buyer in which the Buyer transmits to the Seller, through contact data displayed on the website, their firm intention to purchase goods and services.
Goods – any product on the Seller’s offer, including the documents specified in the Purchase Order, to be provided by the Seller to the Buyer as a result of a concluded Contract.
Services – any service on Seller's offer, including the documents and services mentioned in the Purchase Order, to be provided by the Seller to the Buyer as a result of the Contract concluded. In these cases, the parties will agree in writing on a case-by-case basis the conditions under which they will be provided.
Campaign – any action taken by the Seller to market their goods and services under conditions other than usual, particularly for promotional purposes, having a limited and predefined stock, for a limited period of time determined by the Seller.
Contract – represents the distance contract between the Seller and the Buyer, in a simplified form, without the simultaneous physical presence of the Seller and the Buyer.
Content - all information on the Website that can be accessed, viewed or otherwise accessed by using electronic equipment; the content of any email sent to Buyers by the Seller by electronic means and/or any other means of communication available; any information communicated by any means by an employee/collaborator of the Seller, to the Buyer, according to the contact information, whether specified or not; information relating to the Goods and/or Services and/or the prices charged by the Seller in a given period; Seller's data, or other privileged data.
Question – addressing formula towards the Seller with the purpose of obtaining information about the products or services offered by the Seller.
Answer – written information transmitted to the User/Client/Buyer that addressed a question. The Answer represents an explication offered by the Seller to a Client/Buyer by any means of communication.
Document – the presented Terms and Conditions.
Newsletter – mijloc de informare periodic, exclusiv electronic, respectiv poșta electronică (e-mail, SMS) asupra Bunurilor și Serviciilor și/sau a promoțiilor desfășurate de Vânzător într-o anumită perioadă, fără niciun angajament din partea Vânzătorului cu referire la informațiile conținute de acesta.
Specifications/Characteristics – all specifications and/or descriptions of the Goods and Services as they are specified in their descriptions.
2. CONTRACTUAL DOCUMENTS
2.1. By submitting a Purchase Order through any of the contact data displayed on the Website, the Buyer agrees with the form of communication (telephonic or e-mail) through which the Seller carries out their commercial operations.
2.2. The notification received by the Buyer after submitting the Purchase Order has an informative role and is not the acceptance of the Purchase Order. This notification is made electronically (by e-mail) or by phone.
2.3. For justified reasons, the Seller reserves the right to change the amount of Goods and/or Services specified in the Purchase Order. If they change the quantity of Goods and/or Services in the Purchase Order, they will notify the Buyer by e-mail address or telephone number made available to the Seller at the time of the Purchase Order’s submission.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. The Costumer/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, bind to, expose, include any Content in any other context besides the one originally intended by Tehnoglobal ERA SA, including any Content outside the Website, removal of the copyright signatures of Tehnoglobal ERA SA on the Content as well as participation in the transfer, sale, distribution of materials made through the reproduction, modification or display of the Content, except with the express written consent of Tehnoglobal ERA SA.
3.2. Any Content to which the Costumer/Buyer has and/or obtains access by any means, is covered by the Document, if the Content is not accompanied by a specific and valid user agreement between Tehnoglobal ERA SAl and the Costumer/Buyer, and without any implied or expressly formulated warranty by Tehnoglobal ERA SA with reference to that Content.
3.3. The Costumer/Buyer may only copy, transfer and/or use the Content for personal or non-commercial purposes only if they do not conflict with the provisions of the Document.
3.4. If Tehnoglobal ERA SAconfers the Client/Buyer the right to use in a form described in a separate use agreement, a certain content, to which the Client/Buyer has or obtains access under this agreement, this right extends only to that or of such content as defined in the agreement for the duration of its existence or content on the website or the period defined in the agreement under the defined terms, if any, and does not constitute a contractual commitment from Tehnoglobal ERA SA to that Client/Buyer or any other third party that has/obtains access to this transferred content, by any means and that could or may be harmed in any way from this content during or after the expiration of the use agreement.
3.5. In Tehnoglobal ERA SA confers the Client/Buyer the right to use in any form described in a separate agreement, a certain content, to which the Client/Buyer has or obtains access to that or of such content as defined in the agreement, only for the duration of its existence or content on the website or the period defined in the agreement, under the defined terms, if any, and does not constitute a contractual commitment from Tehnoglobal ERA SA to that Client/Buyer or any other third party who has/gains access to this transferred content, by any means and that could or may be harmed in any way from this content during or after the expiration of the use agreement.
3.6. Any use of the Content is forbidden for purposes other than those expressly permitted herein or the accompanying use agreement, if such agreement exists.
4. PURCHASE ORDER
4.1. The Client/Buyer may send Orders using the contact data specified on the Website by specifying the Goods and/or Services they wish to make. Transmitting an Order does not entail the registration of the Order, nor does the automatic reservation of the Goods/Services implicitly occur.
4.2. By submitting the Purchase Order, the Buyer agrees that all of the data provided by the Buyer, which is necessary for the purchase process, is accurate, complete and true at the time of the Order’s placement.
4.3. By placement of the Order, the Buyer agrees that the Seller may contact him, through any means available/agreed by the Seller, in any situation where contact with the Buyer is required.
4.4. Regardless of the situation, the Purchase Order, which has not been confirmed in writing by the Seller, may be canceled by the Seller by prior notice addressed to the Purchaser without any subsequent obligation of either party to the other or without any party to be able to claim the other damages.
5.1. Unless otherwise agreed in writing, the Seller agrees to deliver the Goods ordered at its expense in a courier service to the Purchaser under the DAP delivery condition (INCOTERMS 2010) if the order value exceeds EUR 1,000 without VAT. Otherwise, i.e. when the order value does not exceed the threshold of EUR 1,000 excluding VAT, the delivery condition is EXW (INCOTERMS 2010) Tehnoglobal ERA SA. or paid shipment to the Buyer.
5.2. The Seller will ensure the proper packaging of the Goods for normal transport conditions and will ensure the transmission of the accompanying documents.
5.3. The Seller will not be held liable for the delivery delays due to the courier service regardless of the order value.
5.4. If the number of orders received exceeds the processing capacity of the orders, the Seller reserves the right to automatically extend the delivery times communicated according to the number of orders.
6. WARRANTY
6.1. All Goods marketed by Tehnoglobal ERA SA are subject to warranty conditions in accordance with applicable laws and trade policies of manufacturers. The goods are new and come from sources licensed by each manufacturer.
6.2. In the case of warranty, the Good claimable as defective within the warranty period must be presented at the Seller's headquarters.
6.3. The lack of the Good’s warranty certificate must be reported within 48 (forty-eight) hours of delivery of the goods to comercial@tehnoglobal.ro. Any subsequent referral will not be considered.
6.4. The warranty period for Seller's products varies according to the type and category of each product and will be calculated from the date of delivery, under the terms of the Purchaser's observance of the operating instructions.
6.5. If the Products prove to be defective during the warranty period, the Seller will be obliged to remove the defects according to the internal return procedure at the written request of the Buyer within the maximum delivery time or within the time required to remedy the defect by the factory, at its own expense, either by repairing defective parts or by replacing them with new ones.
6.6. The shipping costs of replacing defective products or repairing them will be borne by the Seller, but only if the defect is due to the Seller.
6.7. The Seller will not be responsible for third-party damage, atmospheric discharges, over-voltage, and chemical reactions. The warranty obligation shall not apply to defects occurring after the transfer of risks due to improper or negligent handling and improper storage. This warranty is also valid only if the Products have been properly installed and used and operated and maintained in accordance with the Seller/Manufacturer's instructions.
6.8. If the Buyer or a third party initiates or intervenes unreasonably in the process of repairing the defect, the Seller is relieved of any responsibility regarding the warranty for that Product.
7. TRANSFER OF GOODS’ PROPERTY
7.1. Ownership of the Goods will be transferred to delivery (delivery means the signing of the receipt of the transport document provided by the courier or the signing of receipt on the bill in the case of deliveries made by the Seller's staff or at the latter's premises).
8. RESPONSIBILITY
8.1. In any event, the Seller may not be liable for damages of any kind that the Buyer may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and especially for their loss.
9. FORCE MAJEURE
9.1. None of the parties shall be liable for the non-performance of its contractual obligations if such non-performance on a timely basis and/or appropriately, wholly or in part, is due to a force majeure event. Force majeure is an unpredictable event, outside the control of the parties and that can’t be avoided.
9.2. If within 15 (fifteen) days of its occurrence, that event does not cease, each party shall have the right to notify the other party of the termination of the Contract without one of them being able to claim the other’s damages.
10. APPLICABLE LAW – JURISDICTION
10.1. The commercial relations between Tehnoglobal ERA SA and its Customers are subject to Romanian law. Any litigation between Tehnoglobal ERA SA and these will be resolved amicably or, if that is not possible, the litigation will be settled by the competent Romanian courts of Cluj-Napoca.
11. INFORMATION ABOUT WEEE
11.1. Waste electrical and electronic equipment (WEEE) may contain hazardous substances that have a negative impact on the environment and human health if they are not collected separately.
Taking into account the provisions of OUG 195/2005 - relating to environmental protection and O.U.G. 5/2015 on waste electrical and electronic equipment, customers will consider the following:
11.1.1. buyers are required not to remove waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to separately collect these WEEE;
11.1.2. the collection of this waste (WEEE) will be carried out through the WEE collection service, directly by Tehnoglobal ERA SA (according to point 11.1.3) and by collection centers organized by authorized economic operators for the collection of WEEE.
11.1.3. customers can hand over WEEE free of charge to the collection points specified at the time of purchase of a new product in the same category; thus, Tehnoglobal ERA SA applies the WEEE collection policy in a one-to-one take-back system, according to the legislation in place, if the equipment turned over is equivalent and has the same functions as the newly supplied equipment; Tehnoglobal ERA SA customers can deliver WEEE equivalent at Tehnoglobal ERA SAheadquarters;
11.2. The symbol indicating that electrical and electronic equipment is the subject of a separate collection is a wheeled bin with a cross, as shown in the picture below.
11.3. This icon indicates that WEEE must not be mixed with household waste and that it is collected separately.