Products

This document is not filed, is concluded in electronic form only, does not constitute a written contract, is written in Hungarian and does not refer to a code of conduct. In case of any questions regarding the ordering and payment process of the rooms, please contact us at the contact details provided.

These GTC apply to the legal relations on the Service Provider's website (http://gasparmaria.ro/) and its subdomains. These GTC are permanently available on the following website: http://gasparmaria.ro/GTC

1 PROVIDER'S DETAILS:

Your service provider when using http://gasparmaria.ro/ and when shopping through the website:

Eastar Ltd.

Gheorghezentmiklos Bucin 10/E

Registration number: J/19/1086/93

Tax number: RO4892794

E-mail address: officeatgasparmariadotro

Bank account number: BCR Bank Gheorghezentmiklos

Hosting: https://www.fastcomet.com

 

2. BASIC PROVISIONS

2.1 The matters not regulated in these Rules and Regulations and the interpretation of these Rules and Regulations shall be governed by the Romanian law, in particular by the relevant provisions of the Law on Electronic Commerce Services and on Certain Aspects of Information Society Services on the Civil Code. The binding provisions of the relevant legislation shall also apply to the parties without any special stipulation.

2.2 These Rules shall enter into force on 25 October 2020 and shall remain in force until revoked. The Service Provider shall be entitled to unilaterally amend these Terms and Conditions. The changes shall take effect as of their publication on the website. By using the Websites, Users agree that all regulations relating to the use of the Websites shall automatically apply to them.

2.3.By accessing the website operated by the Service Provider or by reading its content in any way, even if the User is not a registered user of the website, the User acknowledges that he/she is bound by the provisions of the Regulations. If the User does not accept the Terms and Conditions, he/she is not entitled to view the content of the website.

2.4.The Service Provider reserves all rights in respect of the Website, any part of the Website and the content displayed thereon, and the distribution of the Website. You may not download, electronically store, process or sell the content of the website or any part of it, or publish it on any medium without the written consent of the Provider. Violation of this may result in legal liability and the proven copying and use of the content will result in a daily fee of 500 lei per day for this service provider, as a legal protection fee

3. SCOPE OF PRODUCTS AND SERVICES AVAILABLE FOR PURCHASE

3.1 The products displayed can only be ordered online. The prices displayed for the products are in roman lei.

3.2 The products offered can be categorised as follows:

At the moment it is not possible to apply for online services through the website, only for offline packages and programs

3.3 If a special price is introduced, the Service Provider will fully inform Users about the promotion and its exact duration.

4. ORDERING PROCEDURE

4.1. The User may apply for the package or program by placing an order in advance

4.2 When registering, we will only ask for personal data that we have permission to collect in accordance with data protection regulations.

4.3 After registration, the User will be informed by email about the success of the order and the exact payment terms.

4.4 The User will be able to participate in the selected programme after payment of the full purchase price. If you wish to pay from abroad, please contact us by e-mail.

4.5. The value of the ordered product must be paid directly and in advance to our bank account by bank transfer The invoice will be sent to the customer electronically or by post.

4.6 Cancellation of the order is possible within 7 calendar days from the date of payment.

4.7 Once you have entered your details, you can submit your order by clicking on the "Gold" button. By ticking the checkbox under "I accept" you agree to the GTC and the Privacy Policy.

4.8 Correction of data entry errors:The User can always go back to the previous phase before completing the order process and correct the data entered.

4.9 It is important to ensure the accuracy of the data, as the data entered will be used to issue the invoice.

5. PROCESSING AND FULFILMENT OF ORDERS

5.1.The order will be fulfilled after the payment has been made and the purchase amount has been credited to your bank account.

5.2.The Service Provider shall not be liable in case of delayed fulfillment for reasons beyond its control (maintenance of other intermediary service providers (website, bank, etc.)

If the Service Provider fails to fulfil its contractual obligations because the product specified in the contract is not available, it shall immediately inform the User thereof and refund the amount paid by the User without delay, but no later than within 30 days.

5.3 The Service Provider reserves the right to refuse to fulfil the order before payment.

6. RIGHT OF WITHDRAWAL

6.1 Pursuant to the provisions of Directive 2011/83/EU of the European Parliament and of the Council and Government Regulation 45/2014 (26.II.26) on the detailed rules for contracts between consumers and businesses, the User may withdraw from the contract and cancel the ordered service within 14 days of receipt of the ordered product without giving any reason.

6.3 The cost of returning the product must be borne by the consumer, the company has not undertaken to bear this cost.

6.4 In the event of exercising the right of withdrawal, the Consumer shall not be charged any costs other than the cost of returning the product, but the Service Provider may claim compensation for material damage resulting from improper use, which may include the destruction of the image

6.5. the Service Provider shall reimburse the User the amount paid for the Product immediately upon its return in accordance with the above legislation, but within 14 days at the latest

6.6 The refund will be made using the same payment method as the one used for the original transaction, unless the User expressly agrees to use a different payment method; the User will not incur any additional costs as a result of using this refund method.

6.7 The User shall return the Goods without undue delay and in any event not later than 14 days from the date of sending the notice of withdrawal from the contract to the Service Provider or deliver them to the Service Provider's address.

6.8 The User shall be deemed to have complied with the time limit if he returns or surrenders the Product(s) before the expiry of the 14-day period.

6.9 The consumer bears only the direct cost of returning the product(s), unless the company has agreed to bear this cost.

6.10. The consumer shall be liable for depreciation of the goods only if it is due to handling other than that necessary to determine the nature, characteristics and functioning of the goods.

6.11. If the User wishes to exercise his right of withdrawal, he may do so in writing to one of the Service Provider's contact details. The User may return the ordered product by post or courier service to the Service Provider.

Sample cancellation declaration

(to be filled in only in case of withdrawal/cancellation of the contract)

Addressee:Eastar Ltd

I/we declare that I/we exercise my/our right of withdrawal from the contract for the purchase of the following product(s) or the provision of the following service: enter the registration data provided at the time of ordering

Date of conclusion of contract / date of receipt:

Name of the consumer(s):

Address of the consumer(s):

Dated:

The withdrawal form, using the above model, should be sent by e-mail to the following address: officeatgasparmariadotro

6.12. The User must pay particular attention to the proper use of the product, as the User is liable for any damages resulting from improper use! Within fourteen days after the return of the product, the Service Provider will refund the purchase price of the product, including the shipping costs, to the bank account provided by the User.

Which products are not covered by the right of withdrawal?

6.13. The consumer may not exercise the right under § 6.

a) in the case of a contract for the provision of services, after the service has been wholly performed, if the undertaking has begun performance with the consumer's express prior consent and the consumer has acknowledged that he will lose his right of withdrawal after the service has been wholly performed;

b) in respect of goods or services whose price or charges are subject to fluctuations which are beyond the control of the trader and which may occur during the period specified in Article 20(2);

c) in the case of a product which is not a prefabricated product, which has been manufactured on the instructions or at the express request of the consumer, or a product which is clearly personalised for the consumer;

(d) in respect of a perishable product or a product whose quality is to be maintained for a short period;

(e) a product in a sealed package which, for health or hygiene reasons, cannot be returned after opening after delivery;

(f) in respect of a product which, by its nature, is inseparably mixed with other products after delivery;

(g) in respect of an alcoholic beverage the real value of which is dependent on market fluctuations beyond the control of the undertaking and the price of which was agreed between the parties at the time of conclusion of the contract of sale but the contract is not performed until 30 days after the date of conclusion;

(h) in the case of a contract for a service where the undertaking, at the express request of the consumer, visits the consumer in order to carry out urgent repair or maintenance work;

(i) for the sale of a copy of a sound or video recording or of computer software in sealed packaging, where the consumer has opened the packaging after delivery;

j) in respect of newspapers, periodicals and periodicals, with the exception of subscription contracts;

(k) contracts concluded at public auction;

(l) a contract for the provision of accommodation, transport, the hiring of a private car, catering or services related to leisure activities, other than for the provision of housing, where a deadline or period for performance has been fixed in the contract;

(m) In other cases provided for by law. In the case of online downloading, the subject matter of the contract is a set of data in an intangible form and the provision of access to that set of data. The Regulation does not specifically provide for a right of withdrawal in relation to intangible copyright, but in such cases the seller may legitimately invoke the opening of the packaging of a copyright work as a ground for exclusion by analogy, in which case the opening of the packaging may be considered to be the downloading of the software onto the consumer's computer. So, if the software has already been downloaded/opened on our computer, we cannot exercise our right of withdrawal afterwards.

Accessories warranty

7.1. In which cases can the User exercise his right to warranty?

In the event of defective performance by the company operating the webshop, the User may assert a claim for warranty of goods and services against the company in accordance with the rules of the Civil Code.

7.2. What rights does the User have under his/her warranty claim?

The User may, at his choice, claim the following remedies: repair or replacement, unless the remedy chosen by the User is impossible or would involve disproportionate additional costs for the Company compared to the remedy chosen by the User. If the repair or replacement is not requested or could not be requested, the User may request a proportionate reduction of the price or have the defect repaired or replaced by another party at the expense of the undertaking or, as a last resort, withdraw from the contract. The User may transfer his right of warranty from one of his chosen rights to another, but the cost of such transfer shall be borne by the User, unless it was justified or the enterprise gave a reason for it.

7.3 What is the time limit for the User to assert his/her warranty claim? The User must notify the defect immediately after its discovery, but not later than two months after the discovery of the defect. Please note, however, that you may not claim for any damages beyond the two-year limitation period from the date of performance of the contract.

7.4. Who can you claim against?

The user may enforce his/her warranty claims against the company.

7.5. What other conditions are there for exercising the rights of the customer?

Within six months from the date of performance, there are no conditions for the exercise of the right to claim for damages other than the notification of the defect, if the User proves that the product or service was provided by the company operating the website. However, after six months from the date of performance, the User shall be obliged to prove that the defect discovered by the User existed at the time of performance.

Product Warranty

7.6 In which cases can the User exercise his right to product warranty?

In the event of a defect in movable goods (product), the User may, at his option, claim either a warranty for accessories or a product warranty.

7.7 What rights does the User have under a product warranty claim?

As a product warranty claim, the User may only request the repair or replacement of the defective product.

7.8 In what cases is the product defective?

A product is defective if it does not meet the quality requirements in force at the time of its placing on the market or if it does not have the characteristics described by the manufacturer.

7.9 What is the deadline for the User to claim under the product warranty? The User may make a product warranty claim within two years of the date on which the product was placed on the market by the manufacturer. Once this period has expired, he loses this right.

7.10. Against whom and under what other conditions can the User assert a product warranty claim? You can only exercise your product warranty rights against the manufacturer or distributor of the movable item. In the event of a product warranty claim, the User must prove that the product is defective.

7.11. In which cases is the manufacturer (distributor) exempted from its product warranty obligation?

The manufacturer (distributor) is only exempted from its product warranty obligation if it can prove that:

- the product was not manufactured or put into circulation in the course of his business, or

- the defect was not detectable according to the state of science and technology at the time when the product was placed on the market, or

- the defect in the product is due to the application of a law or a compulsory standard laid down by a public authority. The manufacturer (distributor) need only prove one ground for exemption.

Please note that you cannot claim both a warranty for accessories and a product warranty for the same defect at the same time. However, if your product warranty claim is successful, you may pursue your accessories warranty claim against the manufacturer for the replaced product or repaired part.

7.12. The Service Provider shall not be liable for damages resulting from natural wear and tear or damages resulting from faulty or negligent handling, excessive use or other than specified influences or other improper use of the Products after the risk of damage has passed.

9. MIXED PROVISIONS

9.1. The Service Provider shall be entitled to use an intermediary to fulfil its obligations. The service provider shall be fully liable for any unlawful conduct of the service provider as if it had committed the unlawful conduct itself.

9.2 If any part of these Terms and Conditions becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining parts shall not be affected.

9.3 If the Service Provider fails to exercise any right it may have under these Terms and Conditions, failure to exercise such right shall not be deemed a waiver of such right. No waiver of any right shall be valid unless expressly stated in writing. The Service Provider's failure to comply strictly with a material term or condition of the Terms and Conditions on a particular occasion shall not constitute a waiver of its right to insist on strict compliance with that term or condition in the future.

9.4 The Service Provider and the User will attempt to resolve their disputes amicably. The competent conciliation body is an independent body attached to the regional chambers of commerce and industry, whose purpose is to try to settle the dispute between the consumer and the economic operator amicably.

10. COMPLAINTS HANDLING PROCEDURE

10.1 Our aim is to fulfil all orders to a high standard of quality and to the full satisfaction of the customer. If the user has a complaint about the contract or its performance, he may send it to officearongasparmariapunctro.

10.2. A written complaint shall be answered in writing within 30 days. The reasons for rejecting the complaint shall be stated. A copy of the reply will be kept for 3 years and will be presented to the supervisory authorities on request.

1. COPYRIGHT

11.1 Since gasparmaria.ro, as a website, is a copyrighted work, it is prohibited to download (reproduce), retransmit to the public, use in any other way, electronically store, process and sell the content of the website or any part thereof without the written consent of the Service Provider.

11.2. Even with written consent, any material on the gasparmaria.ro website and its database may only be reproduced with reference to the website in question. any breach of this clause shall entail a daily compensation of 100 euros for all natural and legal persons in the interest of the author, which Eastar KFT shall be entitled to settle and collect within the limits of the law, if necessary through compulsory proceedings.

11.3. The Service Provider reserves all rights to all elements of its service, domain names, secondary domain names formed by them and advertising space on the Internet.

13. LIMITATION OF LIABILITY

All information found on the gasparmariaro website, including text, graphics, images and any other material contained on the website, is intended to supplement general information and not to replace medical treatment and advice.

The provider will not be responsible for comments or diagnoses made by visitors in relation to the content of the site. Provider does not identify itself with the products and services offered by other websites and links on the site. Provider shall not be liable, either individually or jointly with others, for any direct or indirect claims, damages or losses related to the content of this site, advertisements or the content of any other site on the site.

The Service Provider shall not be liable in any way for any of the points set out below, howsoever caused:

- Any internet network malfunction that prevents gasparmaria.ro from functioning properly and making purchases

- Any malfunction of any receiving device on the communication lines

- Any correspondence, whether in paper or electronic format, but especially any loss of data

- Failure of any software

- The consequences of any software failure, abnormal event or technical malfunction

The person operating gasparmaria.ro cannot be held liable in case of force majeure or any event beyond his control.

In the event of any form of violation of the rules by the participant, the provider is free to declare the registration or purchase null and void and the buyer has no right of appeal against this decision.

13 DATA PROTECTION

The privacy policy of gasparmaria.ro is available at: https://www.gasparmaria.ro