Terms and conditions
- DEFINITIONS
- ONLINE SALES POLICY
- ORDER
- PRICE OF GOODS AND SERVICES
- DELIVERY METHOD
- PAYMENT METHOD
- TRANSFER OF PRODUCTS OWNERSHIP
- RETURN POLICY
- ADVERTISING
- ASSIGNMENT AND SUBCONTRACTING
- RESPONSIBILITY DARVARI M.E.
- WARRANTIES
- FORCE MAJEURE
- APPLICABLE LAW – JURISDICTION
- INTELLECTUAL PROPERTY RIGHTS
- PROCESSING OF PERSONAL DATA
- AUTOMATIC COLLECTION OF NON-PERSONAL DATA (COOKIES)
- INFORMATION ON WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)
- DEFINITIONS
SC DARVARI MECHANICAL ENGINEERING SRL is the company that manages the domain www.darvari.garden and its subdomains (hereinafter referred to as „SITE”). SC DARVARI MECHANICAL ENGINEERING, hereinafter referred to as „DARVARI M.E.” company organized based on Roman law, headquartered in Ramnicu Valcea, at the Entrance of Builders no. 16 having the fiscal registration code RO29814724, registered at the Bucharest Trade Register under no. J38 / 102/2012, phone: 0250.730.313
Throughout this document, the following capitalized terms shall, unless the context otherwise requires, have the meanings specified below:
CONTENT has the following definition:
all information on the SITE that can be visited, viewed or otherwise accessed using electronic equipment;
the content of any e-mail sent to its USERS or CUSTOMERS by an employee / collaborator DARVARI M.E. by electronic means and / or any other available means of communication;
any information communicated by any means by an employee of DARVARI M.E. TO THE USER or CUSTOMER, according to the contact information, specified or not by him;
information related to the products, services and / or tariffs charged by DARVARI M.E. in a certain period;
information relating to the products, services and / or tariffs charged by a third party with which DARVARI M.E. has concluded partnership contracts, in a certain period;
data relating to DARVARI M.E., or other privileged data thereof.
PRODUCTS and SERVICES – any product or service, including the documents and services mentioned in the ORDER, to be provided by DARVARI M.E., to the CUSTOMER as a result of the conclusion of the CONTRACT.
USER: represents the natural or legal person who has or obtains access to the content of the SITE, through any means of communication provided by DARVARI M.E. (electronic, telephone, etc.) or based on an existing use agreement between DARVARI M.E. and it and / or requires the creation and use of an ACCOUNT.
CUSTOMER: natural or legal person or any legal entity that places an ORDER.
ORDER: represents an electronic document, generated as a result of accessing the SITE by a CUSTOMER, through which the CUSTOMER transmits DARVARI M.E. its intention to purchase PRODUCTS and SERVICES from the SITE. Reserving a PRODUCT by accessing the SITE is not an ORDER.
CONTRACT: represents an ORDER confirmed by DARVARI M.E., by which DARVARI M.E. agrees to deliver PRODUCTS and SERVICES to the CUSTOMER, and the CLIENT agrees to make their payment.
DISTANCE CONTRACT: represents the CUSTOMER’s order which is confirmed by DARVARI M.E. , the product and / or service specifications being implicitly accepted
TRANSACTION – the collection or reimbursement of an amount resulting from the sale of a PRODUCT and / or SERVICE by DARVARI M.E. TO THE CUSTOMER, regardless of the delivery method.
NEWSLETTER – the means of periodic information, exclusively electronic (e-mail, SMS), on PRODUCTS and / or SERVICES, promotions carried out by DARVARI M.E. in a certain period, without any commitment from DARVARI M.E. with reference to the information contained therein.
ABUSE: represents the use of the SITE in a manner contrary to the practice in the field, the regulations and legislation in force or in any other way that may cause damage to DARVARI M.E. .
USERS / CUSTOMERS of this SITE are asked to read carefully the following terms and conditions of use.
- ONLINE SALES POLICY
All information used to describe the PRODUCTS and / or SERVICES available on the SITE (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of DARVARI M.E. , these being used exclusively as a presentation and have an informative character, being able to be modified by DARVARI M.E. without prior notice. The description of some PRODUCTS and / or SERVICES may be incomplete due to the lack of the necessary space, but DARVARI M.E. understands to transmit the most important information about their use.
The promotions / offers present on the SITE are valid in a certain period of time and within the limit of the available stock.
Access to make an ORDER is allowed to any CUSTOMER / USER.
For justified reasons DARVARI M.E. reserves the right to restrict the CUSTOMER / USER’s access to place an ORDER and / or to some of the accepted payment methods, if he considers that based on the conduct or activity of the CUSTOMER / USER on the SITE, his actions could harm somehow DARVARI M.E. .
In any of these cases, the CUSTOMER / USER may contact DARVARI M.E. , to be informed of the reasons which led to the application of the above measures.
By launching an ORDER on the SITE, the CUSTOMER agrees with the form of communication (telephone or e-mail) by which DARVARI M.E. conducts its operations on the SITE.
DARVARI M.E. does not at any time consider an ORDER unconfirmed by DARVARI M.E. as having the value of a CONTRACT.
The notification received by the CUSTOMER, immediately after the execution of the ORDER has the role of information and does not represent the confirmation of the ORDER. This notification is made electronically (e-mail) or by telephone.
For justified reasons, DARVARI M.E. reserves the right to change the quantity of PRODUCTS and / or SERVICES in the ORDER.
The CONTRACT is considered concluded between DARVARI M.E. and CUSTOMER upon receipt by CUSTOMER of DARVARI M.E. , by e-mail or telephone, of the order confirmation notification. Therefore, the CONTRACT enters into force upon confirmation of the ORDER by DARVARI M.E. .
For the ORDERS to be picked up from the headquarters of DARVARI M.E. , the prices and reservations of the PRODUCTS and / or SERVICES are valid for 72 (seventy-two) hours from the registration of the ORDER by the CUSTOMER.
The documents and information provided by DARVARI M.E. on the SITE will be the basis of the CONTRACT thus concluded. The terms and conditions of use may be changed at any time by updating this SITE, these changes becoming mandatory and with immediate effect for all USERS / CUSTOMERS.
- ORDER
The CUSTOMER / USER can place ORDERS on the SITE, by adding the desired PRODUCTS and / or SERVICES in the shopping cart, following to complete the ORDER by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a PRODUCT and / or a SERVICE is available for purchase to the extent that stock is available for it. The addition of a PRODUCT / SERVICE in the shopping cart, in the absence of the completion of the ORDER, does not entail the registration of the ORDER, implicitly also the automatic reservation of the PRODUCT / SERVICE.
By completing the ORDER, the CUSTOMER agrees that all data provided by him, necessary for the online purchase process, are correct, complete and true at the date of placing the ORDER.
By completing the ORDER, the CUSTOMER agrees that DARVARI M.E. may contact him, by any means available / approved by DARVARI M.E. , in situations regarding the ORDER, including but not limited to the following examples: order status information mail order COMANDA, order status delivery information mail which includes AWB provided by the courier company, mail for order feedback and / or product etc.
DARVARI M.E. may cancel the ORDER placed by the CUSTOMER, following a prior notification to the CUSTOMER, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other party in the following cases:
non-acceptance by the issuing bank of the CLIENT’s card, of the Transaction, in case of online payment;
invalidation of the Transaction by the card processor approved by DARVARI M.E. , in case of online payment;
the data provided by the CUSTOMER on the SITE are incomplete and / or incorrect.
- PRICE OF GOODS AND SERVICES
All prices related to the PRODUCTS and / or SERVICES presented on the SITE are expressed in lei (RON) and include VAT.
In the case of online payments DARVARI M.E. is not / cannot be held responsible for any other additional costs incurred by the CUSTOMER, including but not limited to currency conversion fees applied by the issuing bank of his card, if the currency of its issuance differs from RON. The CUSTOMER is solely responsible for this action.
The price can be modified by DARVARI M.E. , at any time without notice.
DARVARI M.E. warns that there may be cases where, as a result of SITE malfunctions or errors, the price displayed on the SITE may not be the actual one. In these cases, DARVARI M.E. will inform the CUSTOMER on the correct price.
- DELIVERY METHOD
The PRODUCT will be delivered to the CUSTOMER in a door-to-door courier system to the CUSTOMER or can be picked up directly from a series of „easyboxes” offered by the courier, according to the CUSTOMER’s option. In both cases, the transport will be added to the order, depending on the weight of the package and the coverage area of the courier.
DARVARI M.E. will ensure the proper packaging of the PRODUCTS and will ensure the transmission of the accompanying documents.
If it cannot perform the CONTRACT because the PRODUCT is not available, DARVARI M.E. will inform the CUSTOMER about this situation. DARVARI M.E. may deliver to the CUSTOMER a similar PRODUCT at the same price, in the event that the PRODUCT initially requested is not available, only after informing and with the CUSTOMER’s consent.
The delivery details of the PRODUCTS / SERVICES including, but not limited to the time required for delivery, do not constitute a contractual obligation on the part of DARVARI M.E. , without any party being able to claim damages from the other party, if either party can be or is prejudiced in any way as a result of their violation.
- METHOD OF PAYMENT
The price, payment method and payment term are specified in each ORDER.
For a correct communication of the invoice related to ORDERS, the CUSTOMER has the obligation to update whenever necessary the data from his ACCOUNT OR USER (if he has chosen to make an ACCOUNT) and to access the information and documents related to each ORDER, existing in the ACCOUNT.
If a PRODUCT and / or SERVICE ordered by the CUSTOMER cannot be delivered by DARVARI M.E. , the latter will inform the CUSTOMER on this fact and will return to the CUSTOMER’s account the equivalent value of the PRODUCT and / or the SERVICE, within a maximum of 7 (seven) days from the date on which DARVARI M.E. took note of this fact or from the date on which the CUSTOMER expressly expressed his intention to withdraw from the CONTRACT
- TRANSFER OF OWNERSHIP OF PRODUCTS
Unless approved by DARVARI M.E. and otherwise CUSTOMER, ownership of the PRODUCTS will be transferred upon delivery, after payment has been made by the CUSTOMER at the location indicated in the ORDER.
- RETURN POLICY
The buyer has the right to withdraw from the Contract, respectively to return a product, within 14 calendar days, without invoking any reason and without incurring costs other than delivery.
Thus, according to GEO no. 34/2014, the period of returning a Good or giving up a Service / Product expires within 14 days from the day when the Buyer enters into physical possession of the ordered products.
If the Customer / Buyer requests the withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any free gifts / products that accompanied the product. If the Order is paid, DARVARI M.E. will refund the amount in maximum 14 (fourteen) days from the date of information DARVARI M.E. by the CUSTOMER on its decision to withdraw from the Contract. The amount will be returned as follows:
- for Orders paid by card online -> by refund to the account from which the payment was made;
- for Orders paid with PO / Refund / Transfer / Bank Card-> by bank transfer.
DARVARI M.E. will be able to defer the refund until receipt of the PRODUCTS sold or until receipt of proof that they have been shipped.
If a Product ordered by the CUSTOMER cannot be delivered by DARVARI M.E., the latter will inform the Customer on this fact and will return to the CUSTOMER’s account the value of the Products within a maximum of 7 (seven) days from the date on which DARVARI M.E. has become aware of this fact or from the date on which the CUSTOMER has expressly expressed his intention to terminate the Contract.
GOODS FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED
The following are exempted from the right of withdrawal from the Contract:
* Food, beverages and other assimilated goods unsealed or damaged or different than received from the courier.
* Providing Products that are likely to deteriorate or expire quickly;
* Supply of sealed Products that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the Buyer;
For more details on the right to cancel an order and return a product please see https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm#shortcut-4
- ADVERTISING
DARVARI M.E. NEWSLETTERS are transmitted directly by DARVARI M.E. or through specialized partners approved by DARVARI M.E. . This ensures the confidentiality and security of information.
When the CUSTOMER creates an ACCOUNT on the SITE, he has the possibility to express his agreement regarding the receipt of NEWSLETTERS. The option regarding the agreement expressed by the CUSTOMER can be changed at any time.
The waiver of the receipt of NEWSLETTERS by the CUSTOMER or USER can be made at any time using the special link in any NEWSLETTER.
Waiver of receipt of NEWSLETTERS does not imply waiver of acceptance of this document.
- ASSIGNMENT AND SUBCONTRACTING
DARVARI M.E. may assign and / or subcontract a third party for services related to the fulfillment of the ORDER, with the information of the CUSTOMER, without the consent of the CUSTOMER.
DARVARI M.E. will always be responsible to the CUSTOMER for all contractual obligations.
- RESPONSIBILITY DARVARI M.E.
DARVARI M.E. cannot be liable for damages of any kind that the CUSTOMER or any third party may suffer as a result of the performance by DARVARI M.E. of any of its obligations under the ORDERS and for damages resulting from the use of the PRODUCTS and SERVICES after delivery and, in particular, for their loss.
- WARRANTIES
All PRODUCTS benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the producers. The products are new, in the original packaging and come from sources authorized by each manufacturer.
- FORCE MAJEURE
Neither party will be liable for non-performance of its contractual obligations if such non-performance is due to a force majeure event, in accordance with applicable law.
- APPLICABLE LAW – JURISDICTION
THE CONTRACT is subject to Romanian law. Any disputes arising between DARVARI M.E. and CLIENT will be settled amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in Bucharest.
- INTELLECTUAL PROPERTY RIGHTS
THE CONTENT, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the SITE, are the exclusive property of DARVARI M.E. , being reserved to it all the rights obtained in this respect directly or indirectly (through licenses of use and / or publication).
CUSTOMER / USER is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any CONTENT in any context other than the original intended by DARVARI M.E. , the inclusion of any CONTENT outside the SITE, the removal of signs that signify the copyright of DARVARI M.E. on the CONTENT as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the CONTENT, except with the express written consent of DARVARI M.E. .
Any CONTENT to which the CUSTOMER / USER has and / or obtains access by any means, is covered by this document, if the CONTENT is not accompanied by a specific and valid use agreement concluded between DARVARI M.E. and this, and without any implied or express warranty made by DARVARI M.E. with reference to that CONTENT.
The CUSTOMER / USER may copy, transfer and / or use the CONTENT only for personal or non-commercial purposes, only if they do not conflict with the provisions of this document.
If DARVARI M.E. grants the CUSTOMER / USER the right to use in the form described in a separate use agreement, a certain CONTENT, to which the CUSTOMER / USER has or obtains access as a result of this agreement, this right extends only to that or those CONTENTS defined in the agreement , only during the existence of this or these CONTENTS on the SITE or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of DARVARI M.E. for that CUSTOMER / USER or any other third party who has / obtains access to this transferred CONTENT, by any means and who may be or is harmed in any way as a result of this CONTENT, during or after the expiration of the user agreement.
No Content transmitted to the CUSTOMER or USER, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and / or viewing does not constitute a contractual obligation on the part of DARVARI M.E. and / or employee / supervisor DARVARI M.E. which mediated the transfer of the Content, if any, to that Content.
Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying use agreement, if any, is prohibited.
- PROCESSING OF PERSONAL DATA
According to the requirements of Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented, DARVARI M.E. has the obligation to manage in safe conditions and only for the specified purposes, the personal data provided by its USERS / CUSTOMERS.
The processing of personal data means any operation or set of operations that is performed on personal data, by automatic or non-automatic means, such as collection, registration, organization, storage, adaptation or modification, extraction, consultation, use, disclosure to third parties by transmission, dissemination or in any other way, joining or combining, blocking, deleting or destroying.
By reading the Terms and Conditions of this SITE, you have become aware that you are guaranteed the rights provided by law, namely the right to information, the right to access data, the right to intervene, the right to object, the right not to be subject to an individual decision, the right to go to court in case of violation of the rights guaranteed by Law 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data.
By registering on the SITE / placing an ORDER and filling in personal data in the registration forms, USERS / CLIENTS unconditionally declare and accept that they agree that all their personal data be included in the database of DARVARI M.E. and give their express and unequivocal consent to all their personal data being stored and used for:
marketing activities by receiving informational or commercial messages (offers, promotions, advertising and marketing messages regarding the activity of DARVARI M.E. and third parties with which DARVARI M.E. has relations of any kind) to the e-mail addresses communicated by DARVARI M.E. ;
participation in contests, promotions;
transmission of non-commercial or administrative messages (regarding changes in the site, administration, etc.);
internal statistics needed to improve the quality of services offered and the image of the SITE and to create new features, promotions, new features and services;
to ensure access to restricted sections of the SITE;
market research;
tracking sales data.
DARVARI M.E. will not disclose any information about USERS / CUSTOMERS of its SITE without first receiving their express consent in this regard. At the same time, however, it may disclose personal information and data when expressly provided for by law.
The CUSTOMER’s personal information may also be provided to the General Prosecutor’s Office, the Police, the courts and other competent state bodies, based on and within the limits of the legal provisions and as a result of expressly formulated requests.
According to Law no. 677/2001, USERS / CUSTOMERS benefit from the right to information (art. 12), access to data (art. 13), intervention (art. 14), opposition (art. 15), not to be subject to an individual decision ( art. 17) and to go to court (art. 18). At the same time, they have the right to oppose the processing of personal data concerning them and to request the deletion of data. For the exercise of these rights, any person may address a written request, dated and signed at the headquarters of DARVARI M.E.
Based on a written request, dated and signed, sent to S.C. SC Darvari Mechanical Engineering SRL, headquartered at Intrarea constructorilor no. 16, Ramnicu Valcea, USERS / CUSTOMERS may exercise, free of charge, the following rights:
– once a year, confirmation that personal data are or are not processed;
– to intervene on the transmitted data;
– oppose the processing of data for justified and legitimate reasons related to their particular situation.
Everyone has the right to object, for legitimate reasons, to the processing of data concerning him. This right of opposition may be excluded for certain processing provided by law (e.g. processing by financial and tax services, police, justice, social security). Therefore, that statement cannot be made whether the processing is mandatory; everyone also has the right to object, free of charge without any justification, to the processing of his personal data for direct marketing purposes. Details at www.dataprotection.ro
Starting with May 25, 2018, the European Regulation 2016/679 on the protection of individuals regarding the processing of personal data and the free movement of such data („Regulation”) becomes applicable.
SC DARVARI M.E. processes your data in good faith, according to the provisions of the Regulation. We process personal data only for legitimate purposes, such as providing information specific to the activity of S.C. DARVARI MECHANICAL ENGINEERING S.R.L, for information and transmission of news / events / invitations to events!
In case you no longer want / are no longer interested in receiving information, newsletters or any type of communication from us, please send a SUBSCRIPTION request to the e-mail address office@darvari.garden
Also, for assistance or any other information related to this subject you can contact us at any time and request more details at the e-mail address: office@darvari.garden
Every user who accesses our site must be properly informed about how personal data is collected and used. In this section you will find out what data we collect from you, how we use it, but also what your rights are.
For starters, you should know that personal data refers to any information that may lead to the identification of the user – name and surname, e-mail address, telephone number and / or any online identifier obtained through cookies.
In order for your data to be collected in accordance with the new data protection law, we inform you that we have taken all technical measures so that you agree to provide us with the above information in full knowledge of the facts.
In accordance with the new European rules on the protection of personal data, you have the right to request by email all personal data we have about you, but also to ask us to remove this data from our site. In addition, the person in charge of Personal Data Protection can be contacted directly at the email address office@darvari.garden
Request personal data
Please email us at office@darvari.garden. You will receive a confirmation email from us to ensure that you are the owner of the requested data, after which we can deliver it to you.
Data protection
The security of your data is a priority for us. We use your personal information in order to send you newsletters related to our products and services, as well as regular promotions, that may interest you. In addition, your personal data will help us to offer you a personalized experience on our website and on the online platforms on which we promote our content: Facebook, Instagram, etc.
How we use personal data.
It is important to remember that we use your data only with your consent.
Below you will find all the types of data we collect and how we will use them:
Email Address
We will use your email address to send you newsletters, new articles on the blog, as well as promotions that we have periodically or with invitations to our events.
First name and last name
We will use your first and last name to personalize the emails we send you.
Phone number
We use the phone number to be able to contact you about orders placed on www.darvari.garden
Browser / IP / device data
We use browser / IP / device data to find out how you access our site and determine what changes we should make, so that you have a pleasant experience on our site and find the information as easily as possible. you are looking for.
Conclusion
We have made sure that you will not be obliged to provide us with any data when you enter our site.
Sharing personal data
Your data will never be sold to third parties. If DARVARI M.E. collects information for a partner, your direct consent will be required for data collection, and the processing of this information will be done on the basis of contracts containing confidentiality clauses.
Marketing messages
If we have your consent, we will send you, by email, newsletters containing our latest articles, as well as marketing messages.
Unsubscribe from the newsletter
You can unsubscribe from our newsletters at any time by sending an email to us requesting unsubscribing at office@darvari.garden. Any request in this regard will be resolved within 48 hours of receipt.
Addressing users through online advertising
We run online advertising campaigns to inform you about our products or services and / or about the articles published on this site or blog.
For this purpose, we use Facebook, Instagram, Adwords as well as several techniques to address users in campaigns – based on demographic data (gender, age, geographic distribution, proximity), or interests – this information being made available to us by to the networks mentioned above.
Use of cookies
The site www.darvari.garden uses cookies. More information about cookies HERE
Your rights in the context of the GDPR
The right to be informed of how your data is collected and used;
The right to access the data we have about you;
The right to request the modification of the data we have about you;
The right to request the deletion of the data we have about you;
The right to request that you stop sending marketing messages to you;
The right to request the sending of your personal data to you or to another operator;
The right to file a complaint, regarding the use of your data, to the competent bodies.
The above rights are not absolute and there are exceptions. For any questions in this context, please write to us at office@darvari.garden
- AUTOMATIC COLLECTION OF NON-PERSONAL DATA (COOKIES)
In some cases, it is possible that DARVARI M.E. collect non-personal information about USERS / CUSTOMERS. Examples of such information are: the type of browser used, the operating system of the computer used and the domain name of the website from which the connection to the SITE was made.
While viewing the SITE, DARVARI M.E. will be able to store certain information about the USER / CUSTOMER. This information will be in the form of a „Cookie” file or a similar file. These „Cookies” help DARVARI M.E. to build a SITE or advertising that best responds to the interests and preferences of USERS / CUSTOMERS.
With most Internet browsers, you can delete or block „Cookies” files or receive a warning before receiving such a file. DARVARI M.E. recommends USERS / CUSTOMERS to consult the browser instructions or the help file to find out more about these features.
You can accept or reject cookies on this site by accessing the appropriate link: I accept cookies / Refuse cookies.
- INFORMATION ON WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT (WEEE)
Waste electrical and electronic equipment (WEEE) may contain hazardous substances that have a negative impact on the environment and human health if not collected selectively.
Considering the provisions of GEO 195/2005 – regarding the protection of the environment, H.G 1037/2010, regarding the waste of electrical and electronic equipment, the CUSTOMERS will consider the following:
– CUSTOMERS have the obligation not to dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to selectively collect this WEEE;
– The collection of this waste (WEEE) will be carried out through selective collection points made available to producers by the Local Public Administration Authorities who have the obligation according to art.5 paragraph 1) of GD 448/2005 to collect WEEE separately from private households and to make available to producers the space necessary for the establishment of WEEE collection points.