GENERAL TERMS AND CONDITIONS
applicable since 01.05.2020
The terms used in capital letters will have the meaning assigned to them in the "Definitions" section or in this document.
- These terms and conditions (“ES Terms and Conditions” / “ES Terms and Conditions”) detail the general contractual framework in which SMARTIT GLOBAL S.R.L. provides the Services that are contracted by the Users through the easySales platform.
- The user who registers on the easySales platform (creating an Account, indicating the chosen Services and expressing, through the legal representative, the agreement on the Terms and Conditions), follows the rest of the instructions provided in the Account and, as the case may be, provides the documentation indicated in the Account. , enters into a contractual relationship with the Supplier and, thus, may benefit from the Contracted Services, in exchange for payment to SMARTIT GLOBAL SRL of the monthly / annual price / tariff (as the case may be) (and of other tariffs / commissions, as the case may be).
- When creating and registering the Account on the easySales Platform, the User must agree to these Terms and Conditions by ticking the box assigned to the consent. Also, in order to create the account, register on easySales, access the Services and subsequent actions in the Account, the User must ensure that his actions (i.e. the registration, account creation, acceptance of Terms and Conditions, acceptance of special terms) are performed by the legal representative of the company, as recorded in the statement given by the User in this regard (i.e. upon acceptance of the Terms and Conditions, acceptance of the contract, etc.).
- In certain situations, the contractual relationship between the Supplier and the User will be completed with certain contracts (special terms) that will be made available to the User in the Account (usually in the Profile section) (i.e. contract / special terms regarding intermediation for sale and support in operational flows); only by expressing the User's agreement (by ticking) on these contracts (special terms), respectively providing the required documentation (i.e. the terms and conditions of the Merchant), the User will be able to access the functionalities / Services provided in connection with the respective platform / supply channel Products). If it is indicated to the User, in such contracts (special terms), the fact that these contracts (special terms) will prevail over these Terms and Conditions, the contracts (special terms) will apply with priority over these Terms. and Conditions, from the date of acceptance of the respective contract (special terms) by the action of ticking the relevant box for consent and / or from the date indicated in such contracts (special terms) - these contracts (special terms) will be generically referred to in this "Contracts" document. However, in case of User liability, the terms that establish a stricter liability / sanction regime for the User will be applied with priority. In certain situations, the contractual relationship between the Provider and the User will be completed with certain contracts (special terms) which will be made available to the User in the Account (usually in the Profile section) (i.e.. special contract/terms regarding sales intermediation services and support in operational flows); only by expressing the User's agreement (by ticking) on these contracts (special terms), respectively providing the required related documentation (i.e. the Merchant's terms and conditions), the User will be able to access the functionalities/Services provided in connection with the respective platform/product delivery channel). If the User is indicated in such contracts (special terms) that such contracts (special terms) shall prevail over these Terms and Conditions, the contracts (special terms) shall apply in priority to these Terms and Conditions from the date of acceptance of the respective contract (special terms) by ticking the relevant box for granting the consent / or from the date indicated in such contracts (special terms) - such contracts (special terms) shall be generically referred to herein as "Contracts". However, in the case of the User’s liability, the terms establishing a more severe liability/penalty regime for the User shall apply with priority.
- The Services and the subscription plan contracted by the User and the rest of the instructions/rules provided by the Supplier (including through the User Account) during the contractual relationship are also considered to be an integral part of the contractual framework between the Supplier and the User, unless special terms apply, in which case the latter will applicable.
- The Supplier may change the Terms and Conditions and/or Contracts from time to time by notifying the User; if, however, the User does not agree to the new Terms and Conditions/Contracts, the continued use of the easySales platform following such changes shall constitute an acceptance by the User of the new Terms and Conditions/Contracts.
- The merchant's terms and conditions provided by the User (including through the related section of the Account) shall apply to the User's relationship with the Customers; the User warrants and guarantees that such terms will not breach the relevant legislation, Terms and Conditions, or Contracts. Even in the event of inconsistency, the Contracts and the Terms and Conditions shall prevail.
|any natural person, legal entity or any other entity not acting for professional purposes, who has placed an order for the purchase of products and services marketed by the User on its own website or through the product marketing platforms, where the User has created accounts and were connected by the User to the easySales Platform;
|the section of the easySales Platform, created following the User's registration (by providing the following data: the e-mail address, contact telephone, password, subscription plan) which allows the User to register and log in to the easySales Platform, and which contains information about the User and their activity on the easySales Platform;
|The Signing Date
|means the date defined in terms with art. 3.1 of the hereby document;
|SMARTIT GLOBAL S.R.L., a limited liability company, organized and operating in accordance with the laws of Romania, having its registered office located in Bucharest, 16E SG. Apostol Constantin street, block C9, ap. 704, District 6, Bucharest county, code 061461, registered with the Trade Register Office under no. J40/11094/2020, having the European Unique Identifier ROONRC.J40/11094/2020 and the Unique Registration Code RO37922859;
for the purposes of these Terms and Conditions, the Confidential Information includes, but is not limited to:
|means the Supplier and the User;
|The easySales platform
|the sales/brokerage platform - owned by the Supplier, through which the User has the possibility of listing Products, integrated processing of orders placed with the User through the product trading platforms where the User has created accounts, or on the User's own website/online shop (as selected by the User in the Account);
|the products and/or the services that are the subject of offers, promotions and discounts that the User makes available to Customers on online platforms/its own online shop, managing them through the Services contracted from the Supplier;
|Means the Services contracted from the Supplier;
|any legal entity acting for the purpose of carrying out its commercial or professional activity, which registers on the easySales Platform and enters into a contractual relationship with the Supplier according to the Terms and Conditions, being bound by the provisions of the Terms and Conditions (or, as the case may be, of the Contracts);
|means a day (other than Saturday or Sunday) on which banks in Romania are generally open for business with the public.
2. SUBJECT OF TERMS AND CONDITIONS
- The subject matter of the Terms and Conditions is the provision by the Supplier for the benefit of the User of the Services as identified in Articles 2.2 and 2.3. below, in exchange for a monthly price/fee (to which V.A.T. is added, if applicable, according to the law) determined according to the monthly/annual subscription plan selected by the User either at the time of registration and creation of the Account, or subsequently during the period of validity of these Terms and Conditions (i.e. by choosing another type of lower or higher monthly/annual subscription plan, under the terms of this document).
- The Supplier shall provide the User with differentiated Services according to the monthly / annual subscription plan selected by the User. If, during the contractual relationship between the Supplier and the User, the Supplier modifies the characteristics of the Services (i.e. addition of functionalities), the Services will be considered accordingly from the date the modification is implemented.
- The Supplier may make available to the Users, at their explicit request, certain extra options related to the Services, in exchange for a price / fee in addition to the price related to the monthly / annual subscription plan due by the User (i.e. extra option "Auto-Price").
- For the avoidance of doubt, any and all responsibility and liability for the information to be brought to the attention of the Customers/Prospective Customers, including from the perspective of the consumer protection legislation, e-commerce legislation, the organization of offers in accordance with the legislation on the marketing of products on the market, shall rest solely with the User, who acts as a seller/supplier in relation to the potential Customers/Customers. For the purpose of the contractual relationship, the Parties understand that the Supplier grants in favor of the User a non-exclusive right of use of the easySales Platform, limited to the functionalities related to the uploading of offers, promotions or discounts on Products via the easySales Platform.
3. THE CONTRACT DURATION
- These Terms and Conditions enter into force in the relationship between the Parties at the moment of the confirmation sent by the Supplier to the e-mail address indicated by the User, of the creation and valid registration of the Account, as a direct result of the ticking of the box corresponding to the manifestation of the consent of will (the box "I agree with the terms and conditions") by the legal representative of the User (the "Signing Date"). The Contracts (special terms) shall apply from the date indicated in such Contracts, and during the application of such special terms the provisions of these Terms and Conditions shall be suspended.
- The Contractual Agreement between the Supplier and the User shall be in force for an unlimited period from the Signing Date, unless terminated in accordance with the cases set out in Chapter 11 below.
4. THE PRICE AND PAYMENT POLICY
- In exchange for the Services, the User owes the Supplier a firm monthly price/fee (plus V.A.T., if applicable, as required by law) in the amount corresponding to the monthly/annual subscription plan contracted by the User. In order to clarify the terms and conditions of payment of the Services related to the monthly / annual subscription plans, the User shall pay the full price corresponding to the contracted subscription plan, regardless of the number of orders actually placed with the User / managed through the Services, without exceeding the maximum allowed limit of orders related to the selected subscription plan being exceeded. The subscription price is the one published on easy-sales.com at the time of contracting the subscription plan. If the User does not reach the maximum order limit for the selected subscription plan (including if no orders are placed), the User accepts that there will be no reduction in the monthly price/rate and the User is liable to pay the full monthly price/rate for the subscription plan.
- At the Supplier's explicit request, the User shall provide the Supplier with all the information and data required under the legislation in force for the Supplier to issue the invoice.
- (a) If the User has chosen a monthly subscription plan, the Supplier shall issue and send monthly to the e-mail address specified in the Account by the User, the invoice for the Services for the current month (b) If the User has chosen an annual subscription plan, the Supplier will issue and send annually the invoice for the Services for the current year (year means 12 calendar months) (c) In order to use the Services, the User has the obligation to add the bank card details in the account and activate payment by card as payment method. (d) the value of the invoice will be automatically withdrawn from the card on the invoice issuing date. If the invoice amount cannot be withdrawn, the Supplier will discontinue the Services. (e) In case the User is reactivating the account after having the Services discontinued, the invoice will be issued and the card will be debited with the respective amount upfront, on the reactivation date with monthly or annually recurrence, depending on the subscription type.
- In the event that the User opts to change the monthly subscription plan by choosing a monthly subscription plan lower than the one originally selected (downgrade), the subscription price will be updated and invoiced accordingly accordingly starting with the subscription’s next due date corresponding to the following month. In the event of a change in the annual subscription plan lower than the one originally selected (downgrade), the subscription price will be updated and invoiced accordingly starting with the subscription’s next due date corresponding to the first calendar month of the year following the year in which the User's request for an update to the annual subscription plan occurred.
- In the event that the User opts to change the monthly subscription plan by choosing a monthly subscription plan higher than the one originally selected (upgrade), the updated subscription price will be invoiced starting from the month in which the request for update was made. The Supplier will issue an invoice and the User will have to pay it in order to continue using the Services. Subsequently, the invoices will be issued and will be due in accordance with the rules set out at Art. 4.3.
- If the User opts to change the annual subscription plan by choosing a lower annual subscription plan than the one originally selected (downgrade), the price of the subscription will be updated and invoiced starting from the next due date corresponding to the following annual subscription. If the User downgrades the subscription plan by choosing a lower annual subscription plan, the new price of the Services for the selected subscription plan will be the one valid on the next annual due date of the subscription. Subsequently, the invoices will be issued at the newly amended value, the due date being that provided at Art. 4.3.
- If the User opts to change the annual subscription plan by choosing a higher annual subscription plan than the one originally selected (upgrade), the subscription price will be updated and invoiced from the month in which the request for update was made for the remaining subscription period. The amount invoiced by the Supplier will be the difference between the value of the selected higher annual subscription plan and the value of the User's existing annual subscription plan (as of the date of the upgrade request) for the remaining subscription period. If the User upgrades the subscription plan by requesting a higher annual subscription plan, the new price of the Services for the selected subscription plan as of the calendar month in which the subscription plan upgrade request was made will be taken into account. Subsequently, invoices will be issued at the newly amended value, the due date being that provided at Art. 4.3.
- For the online payments, the Supplier is not and cannot be held liable for any other cost incurred by the User in addition to the price of the Services including, but not limited to, the transfer or currency conversion fees, as applicable.
- If the User registers unpaid debts, through the non-payment of the invoice issued as described in this Chapter 4, the Supplier shall be entitled to suspend the User's use of the Account (including the suspension of the provision of the Services) until the outstanding amounts have been paid in full (without prejudice to any other right/remedy provided by these Terms and Conditions in favor of the Supplier in the event of the User's failure to pay the amounts due in full on time).
- If the User registers outstanding debts, through the non-payment of the invoice issued as described in this chapter 4, the Supplier shall be entitled to suspend the User's use of the Account (including suspending the provision of the Services), until the outstanding amounts are paid in full (without prejudice to any other right/remedy provided by these Terms and Conditions in favor of the Supplier in the event of the User's failure to timely pay the amounts due in full).
- If the price/fee is expressed in a currency other than Leu, for users based in Romania, the invoice will be issued by the Supplier in Lei equivalent, the exchange rate used by the Supplier being the exchange rate communicated by the N.B.R. as valid on the date of the invoice, unless another exchange rate is indicated on the invoice). For users based outside Romania, the invoice will be issued in EUR.
- The amounts owed by the User to the Supplier hereunder are in addition to any amounts established for the User by the Contracts (special terms).
5. THE PERFORMANCE OF THE CONTRACTUAL RELATIONSHIP
- In order to access and use the Services provided by the Supplier, the User must register and create an account on the easySales Platform, indicating its correct and full name, telephone number, a valid e-mail address and any other information required as necessary for the registration.
- In the interest of conducting the contractual relationship between the Parties, the Supplier will use the email address and telephone number provided as the primary methods of communication.
- In order to create the Account/subsequent login, the User is responsible for setting a strong password (according to applicable online standards) and for keeping the password secure. The Supplier is not liable for any loss or damage caused by the User's failure to keep the Account and/or password secure.
- All the information available on the easy-sales.com website and the easySales Platform (including, but not limited to, images, text, logos, symbols) that can be viewed or accessed in any way through the use of electronic equipment, the content of e-mails sent to the User by the Supplier, any information communicated to the User (including, but not limited to, data relating to the Supplier, its activity, etc.) by any means/media by the Supplier, are and remain the exclusive property of the Supplier.
- In addition to the rest of the specifically undertaken obligations, the User is not allowed, without the prior written consent of the Supplier: to copy, store, distribute, publish, transfer to third parties, modify and/or in any other way alter, use, link to, display, include any Confidential Information in any context other than that originally intended by the Supplier, include any Confidential Information outside of the easySales Site or Platform, remove any markings signifying the Supplier's copyright, or participate in the transfer, sale, distribution of any materials made by reproducing, modifying or displaying Confidential Information. As a User, you fully agree to the aspects indicated herein above.
- Any Confidential Information to which the User has and/or obtains access by any means whatsoever is subject to these Terms and Conditions if the Confidential Information is not accompanied by a specific and valid use agreement concluded between the Supplier and the User.
- If the Supplier grants the User the right to use, in the form described in a separate agreement to this effect, a specific piece of Confidential Information to which the User has or obtains access as a result of this agreement, this right extends only to that or those pieces of Confidential Information defined in the Agreement, only for the period of its existence. Any use of Confidential Information for purposes other than those expressly permitted by these Terms and Conditions or by the user agreement, if any, is prohibited.
- The User who agrees to receive newsletter-type of communications from the Supplier (about easySales development, ecommerce practices, etc.) will receive such communications to the indicated e-mail address. The User may unsubscribe from receiving these types of communications at any time by sending an e-mail to the Supplier at the address communicated herein. However, the User understands and agrees that unsubscribing from receiving the newsletter does not automatically imply the waiver of acceptance of the Terms and Conditions (or other documents comprising the agreement with the Supplier). For the purposes of this article, the newsletter is a means of periodically informing, exclusively by electronic means, i.e. using electronic the mail (e-mail), about information/events/news in which the User may be interested, without any commitment on the part of the Supplier with reference to the information contained in such message (unless otherwise stated in such message).
- The User hereby grants to the Supplier the right to use the Figurative Elements for the configuration of the information on the easySales Platform (i.e. the configuration of the Account and the use of the associated functionalities), including the right to use the User's name and brand(s) on the easySales Platform and on the easy-sales.com website, including by making use of the User's name and/or trademarks, in the Supplier's partner portfolio, as well as in any marketing/advertising material, in any medium/media chosen by the Supplier (i.e. online, offline, social media). This right will be in force without the Supplier owing any consideration to the User, for the maximum duration permitted by law (and in any case at least for the duration of the contractual agreement between the Supplier and the User, as set out herein). After the expiry of the period provided for by law, the Supplier may use the contractual relationship with the User as a reference, without indicating the name and/or the brand of the User.
6. THE RIGHTS AND OBLIGATIONS OF THE SUPPLIER
The supplier undertakes:
- to grant the User access to the functional options necessary to connect its own website and/or product marketing platforms, on which the Supplier has created accounts or creates accounts, with the systems available on the easySales Platform;
- to make every effort to provide the Services continuously, with a minimum of interruptions, with the exception of planned interruptions, or delays, or other disruptions to the Services due to causes beyond the Supplier's control (by way of example, delays caused by the Internet access providers, electricity suppliers, etc.);
- to create reasonable, customary and necessary technical conditions for the use of the Services, without the Supplier assuming any guarantee obligation for the protection against fraud attempts / the non-existence of viruses / 100% safe or secure browsing, other events that are likely or possible in the online environment (the internet use);
- to ensure the confidentiality of the User's access passwords;
- to remedy the problems of a technical nature that prevent the easySales Platform from functioning within the parameters planned by the Supplier and that fall within the Supplier's obligations/area of responsibility (technical problems with the system, inadequate availability issues), and in any case only as long as and to the extent that they are not caused by/not due to a situation/cause that is external or not exclusively attributable to the Supplier, or the fault of a third party, or a fortuitous event or a case of force majeure; in case of technical problems affecting the User’s account, the Supplier is not liable for any kind of compensation regarding potential losses invoked by the User
- to inform the User about the elements relevant to the contractual relationship (i.e. instructions in his User Account);
The Supplier is entitled:
- to prohibit the User's access to the easySales Platform (including by permanently deleting the Account), if the User does not comply with the obligations undertaken towards the Supplier (i.e. by the Terms and Conditions), including if the User, by his/her conduct, may cause negative effects on the activity and/or image of the Supplier;
- to suspend the User's access to the Services (including to the Account), temporarily or permanently, if the User does not pay the invoice communicated by the Supplier on the due date;
- to suspend the User's access to the easySales Platform and/or remove the User from the easySales Platform by deleting the Account, if the User does not comply with any of the contractual obligations or conditions required for the provision of the Services by the Supplier, and the User does not comply / does not remedy within a maximum of 3 (three) calendar days from the Supplier's written notification to this effect (including the notification to the User via the Account); if the User promotes fictitious stocks of Products through the ES Platform, or acts in any other manner contrary to the principles of fair competition, restriction/suspension of the Services may be operated immediately by the Supplier; for any suspension/restriction situation, the Supplier shall not owe any amount/the return any amount to the User;
- The Supplier does not claim, assign or own any intellectual property rights in the content used by the User. All the materials and information are the property of the User, who is solely liable for their content.
7. THE RIGHTS AND OBLIGATIONS OF THE USER
The user undertakes:
- to comply with these Terms and Conditions;
- to not use the Services contrary to the industry practice, self-regulations or the applicable law;
- to not use the working methods that directly or indirectly affect or infringe the rights and interests of third parties as well as those of the Supplier;
- to use the Services provided by the Supplier for lawful purposes;
- The User undertakes not to take or allow to be taken any action that may endanger the security of the easySales network and Platform or those of third parties’, or that may in any way contravene to the normal use of the Services. Otherwise, the liability for all the damages caused to third parties exclusively belongs to the User;
- to pay the value of the Services pertaining to the subscription plan for which it has opted, or for any extra options he has activated;
- to undertake the liability for the safe keeping of the user names, passwords and the other confidential information;
- to process the personal data for the purpose of concluding and performing these Terms and Conditions, thereby ensuring that the disclosure to the Supplier of the Client's personal data complies with the legal provisions, in particular the use of an appropriate basis of data processing and ensuring that the Client is adequately informed of the transmission and processing of personal data by the Supplier in accordance with these Terms and Conditions;
- as a Personal Data Controller, is responsible for implementing appropriate technical and organizational measures to ensure the security and confidentiality of the personal data of the Customers and transmitted to the Supplier for the processing purposes;
not to use the easySales Platform and/or the Services provided for the purpose of hosting/communicating/ referring to/ or directing to any (any) of the following content:
- nudity, pornography of any kind;
- images or text with sexual or obscene content;
- the infringement of intellectual property rights and copyright and/or related rights in particular or any other right or interest of any third party;
- threats, abuse, harassment, defamatory statements, etc.;
- promotion of illegal activities, i.e. phishing, spoofing, proxy, hacking, sniffing, warez (.mp3, .avi, etc.), making available music or movies, etc;
- any image or text intended to encourage xenophobia/discrimination of any kind;
- personal and/or private information with a view to using it for illegal purposes;
- any content deemed by the Supplier to be harmful.
- to not facilitate or carry out the transmission of unsolicited commercial messages (SPAM) for the promotion of any site, service or product, using the easySales Platform, or via third party servers, for the promotion of any site hosted on the server. In the event of such actions, which are considered by the Supplier as SPAM and contrary to the legislation in force, the User's access to the Services will be suspended and the latter is obliged to cover any caused damages. The User undertakes the liability for any activities undertaken on the basis of the Services provided by easySales and for all the content uploaded to the easySales Platform, regardless of the consequences that such actions or content may have. The Supplier is not responsible for the content published by the User nor for the User's actions, irrespective of their nature;
- to not carry out illicit commercial activities, as qualified by the legislation in force. Undertaking any activity that may be considered illegal will result in immediate suspension of the User's access to the easySales Platform or deletion of the Account, as appropriate, depending on the seriousness of the offence;
- to not use domains or sub domains that abusively contain registered brand names that do not belong to the User, or that infringe the rights of a third party, as well as not to use domains or sub domains that may be considered, directly or indirectly, as libel, slander, defamation, obscenity, pornography, harassment, licentious language, discrimination, racism, etc. Failure to comply with this obligation shall result in the suspension of the User's access to the easySales Platform or the deletion of the User's Account, as the case may be, and the User and/or the company that owns the User's website shall be liable for any caused damages;
- to not use domains or sub domains that abusively contain trademark names that do not belong to the User, or that infringe the rights of a third party, as well as not to use domains or sub domains that can be considered, directly or indirectly, as libel, slander, defamation, obscenity, pornography, harassment, licentious language, discrimination, racism, etc. Failure to comply with this obligation shall result in the suspension of the User's access to the easySales Platform or the deletion of the User's Account, as the case may be, and the User and/or the company that owns the User's website shall be liable for any caused damage;
With regard to the Products and/or the Customers, both in the case of the use of the User's own online shop (as selected by the User in the Account) and in the case of the use of trading platforms to which the User has connected via the easySales Platform, the User specifically and expressly undertakes the following obligations:
- To make available to Customers the Products whose sale is managed through the Services, and to maintain the offers, discounts or promotions for the duration displayed on the platforms/its own website, in accordance with the legal provisions;
- To market using the Services only Products that comply with the applicable law, including in terms of the possibility/permissibility of marketing them online and in compliance with the specific requirements for the marketing of certain Products;
- To market the Products to which it holds the ownership right, if it is not the owner of the ownership right, to ensure that at the time of placing the order by the Client it has acquired the ownership right to the Product(s);
- To deliver to the courier company the Products related to the orders completed by the Client, within the delivery period agreed in the relationship with the Customers;
- To market through the Services, following the publication of offers through the Services, the Products at the prices displayed at the time the Client places the order;
- To supply the minimum information provided for in the Terms and Conditions of the User (the merchant) provided at art. 16, and to respect and adapt it, if necessary;
- To provide the Supplier with the updated information about the addition or the removal of Products from the offer of Products presented through the Services, specifying the category to which they belong; in any case, the Supplier is exonerated from any liability for any damage suffered by the User as a result of the promotion on platforms/sites of Products that are no longer available, or whose quantity is no longer sufficient to honor the orders placed by the Customers;
- To ensure the validity of the information about the Products, such as the characteristics, technical specifications, images, photos, prices, inventory information;
- to provide the Supplier with all the information necessary to facilitate the communication with the consumer (if necessary), including but not limited to the information necessary to facilitate the delivery, return, cancellation of orders accessed through the platform, as well as to resolve the possible complaints/questions from potential Customers/Clients; To communicate to the Supplier all the characteristics and information related to the Products, as required by the legislation in force, and to update them continuously, especially when legislative changes have occurred with an impact on the information published through the Services;
- To respect, in the relationship with the Customers the rights and obligations on the consumer rights in the contracts concluded with professionals, as well as regulation related to the consumer protection, legal provisions in relation to e-commerce, as well as those applicable to the distance contracts in relation to the Products;
- To take the photographs of the Products in accordance with the Supplier's indications and recommendations, both with regard to the specifications of the photographs and any technical solutions that may be used to ensure the promotion through the Services, and to submit these photographs to the Supplier for display (if the Services include this component); the User is solely liable for the intellectual property rights to these photographs, including with regard to the submission to the Supplier and the platform holders of the right to use the photographs for display on the platforms. For the avoidance of any interpretation to the contrary, the photographs referred to in this subparagraph are included within the Figurative Elements;
- To deliver the orders placed by the Customers within the deadline communicated to the Customers on the space allocated for this purpose on the platforms/websites where the Products are contracted by the Customers; the costs for the preparation and packaging of the Products shall be borne by the User, and the cost with the delivery of the Orders shall be borne by the User or the Customers, depending on the terms and conditions of the merchant (User), with priority compliance with any obligations contained in the applicable law;
- To ensure the delivery to the Customers of all the placed Orders and the Products related to the placed Orders, as requested by the Customers, to the delivery address indicated by the Client, as well as the refund of the price within the time limit established according to the terms and conditions of the merchant (the User) in case the Client requests the return of the Product within the return period;
- To answer to the Customers and to the third parties (authorities, other professionals, etc.) regarding the quality and compliance of the Products, including the obligation of guarantee (legal and conventional) for the delivered Products; The User guarantees the marketing and delivery of the Products in accordance with the legislation in force and in particular with the provisions relating to consumer protection;
- To comply with all the applicable legal provisions regulating the conditions for the publication of offers, promotions and discounts, as well as any other types of discounts, including from the perspective of compliance with the obligation to inform the Client, in accordance with the minimum provisions that must be included in the terms and conditions of the merchant according to art. 16;
- To bear the consequences of not complying with its contractual and/or legal obligations that have produced/are likely to produce sanctions/damages for the Supplier/Client/third parties, including being liable for any possible amounts/damages that are imposed on/claimed from the Supplier/Client/third parties (including fines/measures imposed by the authorities, damages claimed by the Customers) due to, among other things, the quality of the delivered Products, the marketing of the Products without complying with the legal conditions, etc. The User is exclusively liable, without involving (including financially) the Supplier, for any dispute and its consequences, which may arise in relation to third parties / Customers and/or Products which have been the subject of the Client’s orders. The User shall pay to the Supplier any such amounts provided for in this article, within a maximum of three days from the invoice/payment notice sent by the Supplier, in case of late payment being obliged, in addition to the payment of the amount so invoiced/notified by the Supplier, to pay liquidated damages of 1% of the amount invoiced/notified by the Supplier, for each day of late payment. The User is also liable for the producers/suppliers of the Products. In this respect, the User acknowledges to the Supplier a recourse action for any kind of damages, of any nature, incurred by the Supplier as a result of the User's non-compliance with the contractual and legal obligations;
- To issue the tax documents (invoice/settlement/etc.) for all the Client orders and communicate them to the Customers along with any other documents required by the legislation in force, having the content regulated by the relevant legislation;
- To update the status of each Client order within 24 (twenty-four) hours at the latest from the moment when a change in status has occurred or within the time limit set according to the terms and conditions of the merchant (User);
- To request the Supplier's prior approval for all the materials concerning the easySales Platform or other platforms, and not to modify or alter the content provided and/or agreed by the Supplier;
- To promote along with the Supplier, through advertising campaigns mutually agreed by the Parties, the marketing of the Products through the Platforms, if applicable;
- To be responsible for the quality of the information presented and displayed for each Product, in case of discrepancies between the Product sent to the Client and the information presented and displayed, the User being solely liable for such discrepancies, undertaking the liability of fully covering the damages caused to the Clients, third parties and/or the Supplier;
- To comply with all the applicable legal provisions regarding the conditions of publication of offers, promotions and discounts, as well as any other types of discounts, including from the perspective of complying with the obligation to inform the Client;
- To provide the Supplier, at the time of the User's enrollment or at the time requested by the Supplier (including via the Account), with the Merchant's return policy, and the terms and conditions.
- To comply with the national competition law. In this respect, the User is free to determine its own commercial policy (including but not limited to: the prices, outlets, sales and service delivery methods, the choice of customers and commercial partners, etc.). Furthermore, nothing in the Terms and Conditions (or the contractual agreement with the Supplier) shall be construed or interpreted as establishing any exclusivity in favor of any Party.
- To refrain from providing the Customers with products and/or services ancillary to those uploaded to the Platforms, without complying with the conditions of the Regulation 1150/2019, as well as any policies provided by the Supplier in this regard, as made available to and accepted by the User (including by continuing to use the Services);
- To resolve the Client complaints about the Products within the time period undertaken in terms with the law;
- To not resort to any action/inaction by which to: (i) determine/attempt to determine the Client to complete the Order and implicitly to purchase the Product(s), now or in the future, by a method other than through the easySales Platform, if the latter method was the one initially accessed by the Client; (ii) in communicating with Customers regarding orders and/or Products, regardless of the method of communication (such as, but not limited to s.m.s., e-mail), refer to its own product marketing website or to another website (i.e. of an affiliate of the User). Within the meaning of this obligation, it shall not be considered a misappropriation of orders and/or Customers if the Client, after completing an order via the easySales Platform, decides to place another order directly with the User, without the placement of the new order having been caused by an action/inaction of the User as detailed in this paragraph. The Supplier shall not be liable in relation to the owners of the trading platforms of the Products to which the User has connected using the easySales Platform in connection with the User's breach of this obligation;
- To include in the commercial terms and conditions the following minimum elements, namely the return conditions, delivery, commercial guarantees, as provided for by the consumer protection legislation. Any and all obligations stipulated in this contractual agreement shall take precedence over the minimum terms and conditions imposed by the trader's (User's) terms and conditions of business, even if they comply with the applicable legal provisions;
- To comply with the conditions mentioned in any instructions sent to the Account (i.e. conditions applicable in the case of cancellation of an order placed by the Client, the refusal of delivery or the return of Products);
- To comply with the applicable legal provisions regarding the cancellation of an order, the refusal of delivery or the return of the Products in the relationship with the Client;
- To comply with all the applicable legal provisions regarding the conditions of publication of offers, promotions and discounts, as well as any other types of discounts, including from the perspective of compliance with the obligation to inform the Client.
8. INTELLECTUAL PROPERTY
- The User represents and warrants that it owns all rights (including intellectual property rights) and authorizations necessary for the marketing of the Products on the marketing platforms to which he is connected and undertakes full liability for the promotion of the Products through them, and shall be solely liable in the event of any alleged infringement of any intellectual property right or any other right of a third party in connection with the Products and/or the photographs of the Products.
- The User acknowledges and accepts that it will not, in any way, by actions of any kind, infringe the property rights of other Users of the easySales Platform, marketed on the trading platforms to which it is connected using the easySales Platform), and will not attempt/perform, in any way, the counterfeiting of Products marketed on the trading platforms to which it is connected using the easySales Platform.
- The User acknowledges and accepts that the easySales Platform is the exclusive property of the Supplier and undertakes not to infringe in any way, by any action whatsoever, the intellectual or industrial property rights of the easySales Platform, the related application or their content. The Supplier shall exclusively own all the intellectual property rights (including, but not limited to, copyrights, trademark rights, industrial design rights) in the easySales Platform (in its entirety, but also on components) and the provided Services, as well as all rights (including but not limited to the right to use, modify, disclose or publish) in the ideas, concepts, know-how, methods, solutions, techniques, processes, adaptations, for the duration of its activity/maximum permitted by law. The User is granted a right of use, strictly for the duration of the contractual agreement, of the elements of the easySales Platform, strictly necessary for the performance of the contractual agreement (i.e. uploading of offers/products, etc.); this right of use is non-transferable without the prior written consent of the Supplier.
- The User acknowledges and accepts that, except as expressly provided in writing, the contractual agreement does not imply any transfer of any intellectual or industrial property rights in the ideas, names, design, trademarks, concepts, know-how, methods, solutions, techniques, scripts, codes, processes, adaptations related to the Services provided by the Supplier, or the easy-sales.com website and/or the easySales Platform, nor of any derived rights related to the easySales Platform and/or the related application. Furthermore, the technology and know-how, whether patented or not, incorporated in the services offered by the Supplier, shall remain the exclusive property of the Supplier.
- If the Customers or third parties notify the Supplier/User of the infringement of the rights of third parties in relation to the Products promoted and marketed on the marketing platforms to which it is connected using the easySales Platform, the Supplier shall notify the User to this effect, the User being solely liable for remedying the situation and compensating the afflicted persons, as well as the Supplier (where applicable), for any costs or damages incurred as a result of non-compliance with the provisions stipulated in this chapter.
- The User accepts that the Supplier's payment partner will be able to provide the financial-banking institutions concerned and investigative bodies with useful information to identify the User and/or the transactions suspected of fraud or confirmed as fraudulent, carried out through the platforms/sites, for the User's Products.
- In addition to the obligations regarding the Confidential Information set out in Chapter 5 of these Terms and Conditions, the Parties undertake to maintain the confidentiality of the data and information of which they become aware during the term of these Terms and Conditions, and not to disclose such data and information or other materials or summaries prepared on the basis of such data or information. This obligation shall remain in effect throughout the term of these Terms and Conditions and after termination for an indefinite period of time, regardless of the causes of termination or the fulfillment of the obligations assumed by these Terms and Conditions.
The parties shall be bound to each other:
- to maintain strict confidentiality and not to disclose or permit the disclosure to any person of any Confidential Information;
- to not use any Confidential Information except for the purpose of fulfilling its obligations under these Terms and Conditions and for no other purpose, and not to allow the use of any Confidential Information by any third party except with the written approval of the other Party;
- to ensure that all the personnel who have access to the Confidential Information have agreed to be bound by confidentiality obligations at least as restrictive as those applicable to the Parties under these Terms and Conditions, and that they will not disclose or use the Confidential Information without authorization.
3. A Party shall be exempt from liability for the disclosure of the Confidential Information if:
- the information was known to the Party before it was received by the other Party;
- the information was disclosed after the other Party's written consent to such disclosure has been obtained;
- The Party was legally required to disclose the Confidential Information. In any event, the disclosure shall relate only to that part of the Confidential Information strictly necessary to be disclosed, and the Parties shall cooperate as to the timing and content of the disclosure, and shall ensure that the persons to whom the Confidential Information is disclosed are aware of its confidential nature and continue to respect it;
- must be disclosed in order to fulfill the obligations of these Terms and Conditions.
- In particular, the Supplier shall not be held liable for providing/disclosing, including through sharing/brokering/availability, that information (including from the Account) which is necessary for the performance of the contractual agreement with the User. Such actions shall not constitute a breach of the contractual agreement.
- The Supplier shall be entitled to full compensation for any damage it has suffered as a result of the User's failure to comply with its obligations. The damage shall include the actual loss and the benefit it is deprived of, as well as for the non-pecuniary damage. In determining the extent of the damage, account shall also be taken of the expenses which the Supplier has incurred, within a reasonable limit, in order to avoid or limit the damage. The Supplier shall be entitled to full compensation for future damage, where this is certain, and for damage caused by the loss of an opportunity to gain an advantage. If the non-performance is intentional or due to gross negligence on the part of the User, the User shall also be liable for damages which it did not foresee or could not have foreseen at the Signing Date as a consequence of its non-performance or culpable performance of its obligations.
- The Supplier reserves the right, if the User does not comply with any of the undertaken obligations, to immediately suspend the access to the easySales Platform or delete the User's Account. The User is not entitled to any compensation and/or counter value of the information/data in the Account.
- No public statement, promotion, press release or any other disclosure to third parties shall be made by the User regarding the Confidential Information, the Services provided by the Supplier, the easy-sales.com website and/or the easySales Platform or the contractual agreement with the User, without the prior written consent of the Supplier.
- By submitting information or materials to the Supplier, the User grants the Supplier with unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. The User agrees that the Supplier may freely use, for its own purposes, such information, ideas, concepts, know-how or techniques that you have made available to it in the performance of the Agreement as of the Signing Date.
- The Supplier shall not be liable for the damages caused to the User as a result of the occurrence of an event that is beyond the control and power of direction of the Supplier, for example, as a result of a cyber-attack, the unauthorized interception, the transmission of viruses or other situations that are generated outside the control of the Supplier and that occur through/due to the electronic communications/internet. The liability of the Supplier for any indirect damage, or for the damage caused by third parties/ to third parties, is excluded.
- Specifically, the Supplier shall not be liable for the User's failure to comply with any and all of the obligations referred to in Article 7.2 with respect to the Products and/or the User's Customers, the latter being solely liable for the compliance with the obligations imposed by law in the commercial activity that the User carries out through the easySales Platform.
- The Supplier is not liable for the obligations that are incumbent on the User in relation to the Customers, by way of example, relating to: the return, replacement, availability in stock of the Products, the order management, order cancellation, the delivery of the orders, delivery term of the orders (i.e. exceeding the delivery period), legal and/or conventional guarantees relating to the Products, the compliance of the Products with the applicable legal provisions, as well as any other obligations that are incumbent on the User in relation to the Products and the performance of the activity of promotion and marketing of the Products. The User is liable for holding all the necessary permits/authorizations required by law for the marketing of the Products, keeping records and holding the necessary contractual documents.
- Any and all responsibility and liability for the information to be brought to the attention of the Customers/prospective Customers, including from the perspective of the consumer protection legislation, e-commerce legislation, the organization of offers in accordance with the legislation of the marketing of the Products on the market, shall belong exclusively to the User, acting in relation to the Customers/prospective Customers. At the same time, to the extent that, during the duration of these Terms and Conditions, the legislation changes and requires the provision of additional information/provision of information in another way/compliance with additional requirements regarding the information of the Customers, the User shall take all the measures to fulfill its obligation to provide information to the Customers at all times in a clear, complete and correct manner, in compliance with all the legal obligations.
- The Supplier shall not be liable for any upload of an offer, promotion or discount in by the User in its own online shop (as selected by the User in the Account) or on trading platforms to which the User has connected via the easySales Platform.
- If the Supplier agrees to provide services for the development, organization and/or management of an online shop for the User (as selected by the User in the Account), the Supplier is not liable for the content, information uploaded by the User in the online shop thus created, as well as for the Products that the User promotes/markets through the online shop.
- The Supplier shall not be liable for the breach of obligations assumed by the User in the contractual relations that the latter has with the merchants/third parties with the help of the easySales Platform. For the avoidance of doubt, the Supplier is considered a third party in relation to the User's contractual relationship with the merchants/third parties.
- The Supplier is not obliged to investigate the accuracy of the information provided by the Customers and will not bear the risk of bank card fraud by the Customers, such obligations being according to the law, and within the limits of the law, borne by the User as well as by the agreed payment partner.
- The Supplier shall not be liable to make checks on the capacity and legality of purchases made by the Customers.
11. THE TERMINATION OF THE RELATIONSHIP BETWEEN THE PARTIES
The contractual agreement between the Supplier and the User relating to the Services shall terminate:
- upon the mutual agreement of the Parties;
- by rescission, on the basis of a simple written notice (unilateral declaration of termination) sent by the Supplier to the User, without any other formality or the intervention of the court, if, after the granting of a cure period of 5 (five) Business Days from the notification of the User to this effect (including by the Account), the User does not fulfill the obligation indicated by the Supplier in the notice; the termination de jure shall also apply in the event that the User improperly performs a contractual or legal obligation and the Supplier notifies the User of the improper performance/non-performance of the obligation and the Supplier does not remedy it within the period indicated in the notification;
- by unilateral termination, by either Party, at any time, subject to 30 (thirty) calendar days' notice, in which case the User shall not be entitled to claim damages, compensation and/or other material claims (i.e. return of amounts paid) or other claims from the Supplier;
- by unilateral rescission by the Supplier, the termination taking effect from the date of the notification given by the Supplier in this respect, without any other formality or the intervention of the court, following the Supplier's discovery of suspected fraud, counterfeit Products, and/or any other unlawful acts/facts;
- any other situations covered by the Terms and Conditions.
- The termination in any form of these Terms and Conditions shall have no effect on the obligations that are due between the Parties; in the absence of a written agreement of the Parties, the Supplier shall not owe the User any amount already paid by the User (i.e. termination before the expiry of the term of the monthly subscription).
- Every 2 (two) years from the Signing Date, and if no Contracts (special terms) are applicable, the Supplier shall have the right to perform checks on the current status of the User's Account, and if it identifies that the Account is suspended for a period longer than 6 (six) months, it may permanently delete the Account, and the User shall not be entitled to claim any damages/injuries/penalties/other amounts from the Supplier.
- For the avoidance of any doubt, the deletion of an Account shall mean the deletion of all the information in the Account, without this action constituting a cause entitling the User to claim damages/damages/penalties/other amounts from the Supplier.
- Unless otherwise provided for in a Contract (special terms), the termination of the contractual agreement between the Parties related to the Terms and Conditions shall automatically terminate the Contract.
- The termination of a Contract (special terms) does not result in the termination of the contractual agreement related to these Terms and Conditions, which shall survive the termination of the respective Contract, and the Parties shall be bound by the performance of their obligations and shall have the rights set forth in the contractual agreement related to the Terms and Conditions.
- The termination in any form of this document shall have no effect on the obligations due between the Parties. The User shall also be held liable for all the obligations incumbent upon it in relation to the Customers after the termination of this document, including obligations relating to the User's assurance of the availability of the Products included in the Orders placed up to the date of termination of this document, including the warranty obligations as such obligations are provided for under consumer protection legislation.
12. FORCE MAJEURE
- Any external, unforeseeable, absolutely invincible and unavoidable event, beyond the control of the Parties, which occurs during the application of the Terms and Conditions and which makes it impossible for one of the Parties to fulfill its obligations, shall be considered Force Majeure and shall exonerate the Party from the fulfillment of those obligations.
- The Party invoking Force Majeure must notify the other Party within 10 (ten) Business Days from the date on which the circumstances arose and provide the documents attesting the Force Majeure, issued by the Chamber of Commerce and Industry of Bucharest within 30 (thirty) Business Days from that date. The party in question is also obliged to immediately communicate the date on which the Force Majeure event ceases.
- In the event of failure to notify, in accordance with the conditions and within the time limits set out above, the onset and termination of the Force Majeure, the Party claiming Force Majeure shall bear the entire damage caused to the other Party by such failure.
- The Parties undertake to take all reasonable steps necessary to limit any damage that may occur during the Force Majeure as a result of the Force Majeure.
- During an event of Force Majeure that prevents one or both Parties from performing their obligations, the Parties shall be relieved of the performance of their obligations (except for the obligation to pay). If the Force Majeure does not cease within 3 (three) months of its notification, either Party may terminate these Terms and Conditions
In the understanding of the Parties, any notice or communication given by one of them to the other shall be valid if it is given by one of the following means:
- by e-mail;
- by mail;
- by courier.
- If the communication or notice is addressed by post, it shall be sent by registered letter with acknowledgment of receipt (A.R.) and shall be deemed to have been received by the addressee on the date stated by the receiving post office on such acknowledgment.
- If the communication or notice is addressed by courier, it shall be deemed to have been received by the addressee on the date stated by the courier.
- If the notification is sent by e-mail, it shall be deemed to have been received on the first working day following the day on which it was sent.
- If the communication or notice is delivered personally, it shall be deemed to have been received at the time of delivery.
- The Supplier may fulfill the request for notification via the User Account.
Contact details of the Supplier for making communications or sending notifications:
Communication data for the Supplier: To the attention of: SMARTIT GLOBAL SRL The address: 9th Locotenent Stefan Marinescu street, 6th Floor, district 6, Bucharest, 006673 E-mail: contact @ easy-sales.com
- The Supplier will carry out the communications / notifications according to the contact details registered by the User in the Account. The User undertakes to inform the Supplier within 2 (two) calendar days at the latest, if there are any changes to the identification data, address and/or e-mail address indicated for communications, notifications or notices, as well as the designated contact persons/representatives, otherwise the communications made on the old dates indicated for communications shall be deemed to have been validly made.
14. THE APPLICABLE LAW, DISPUTES
- The interpretation, validity and enforcement of these Terms and Conditions shall be governed by the laws of Romania and those adopted at the Community level.
- Any dispute or claim arising from these Terms and Conditions shall be settled by mutual agreement. In the event that any such dispute cannot be settled by mutual agreement, any dispute arising out of or in connection with these Terms and Conditions, including any issue related to the existence, validity or termination thereof, shall be settled by the competent court of law at the Supplier's registered office.
15. FINAL PROVISIONS
- The Supplier may at any time unilaterally change the Terms and Conditions without any prior notice to the User and will make the new version of these Terms and Conditions available on easy-sales.com and/or in the Account. CAUTION! Please check back periodically on our website to be informed of any changes.
- The User warrants that it has the legal capacity and all the authorizations required by the applicable law to market the Products, and that it has obtained all the applicable statutory and legal approvals to enter into these Terms and Conditions, and as the person granting consent on behalf of the User, when requested on the Website and/or the Platform, i.e. the person providing data/details/documents on behalf of the User, has full capacity and authority to do so, on behalf of the User, so as to produce any and all effects recognized/foreseen by the law, in the person/assets of the User.
- As of the Signing Date, the User irrevocably declares and confirms that it has been notified herewith that the Supplier (a) has the right to assign/transfer, in whole or in part, this document, including the Provider's rights and obligations, to any third party, with notice to the User of such assignment, and that the assignment shall not be qualified as a breach of the User's rights or a breach of contract by the Supplier; and that (b) has the right to subcontract to any third party the provision of the Services under these Terms and Conditions.
- The Supplier's rights in these Terms and Conditions are cumulative and not alternative. Neither the failure nor the delay of the Supplier to exercise any of its rights under these Terms and Conditions shall be construed as a waiver of that right and no single or partial exercise of any such right shall prevent the further exercise of that right or the exercise of any other right.
- Any waiver of any right or remedy of Supplier under these Terms and Conditions must be in writing. Unless otherwise expressly provided, any waiver shall be effective only for the purpose for which it is given.
- If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, in whole or in part, under applicable law, that provision or part thereof shall, to that extent, be deemed not to be part of these Terms and Conditions, and the lawfulness, validity and enforceability of the remaining parts of these Terms and Conditions shall not be affected. In such event, the Parties shall use their best efforts within a reasonable time to replace the provision held to be unlawful, void or unenforceable with a provision having the same purpose, that is legal, valid and enforceable.
- Any person accepting these Terms and Conditions on behalf of and for the account of a Party represents that they have been fully and lawfully authorized and that all the necessary steps have been taken to express the valid consent on behalf of the Party they represent.
16. Minimum information to be included by the User in the merchant's Terms and Conditions
The User must identify and include in the Merchant's Terms and Conditions all the elements legally required in order to sell and market products and services, as well as any other elements necessary to ensure compliance with the obligation to inform the consumers as specified in the applicable law.
The elements mentioned below are mentioned by way of example, they are minimum categories of information that must be included by the User in its Terms and Conditions (the Terms and Conditions of the trader). The Merchant's Terms and Conditions must not contradict the relevant legal provisions (in case of discrepancy, the legal provisions shall apply); however, if the ES Terms and Conditions provide for derogatory elements for the benefit of the Customers, these shall apply with priority.
- 1. The User shall include all the information that is required for the proper generation of the order confirmation message
The user will include delivery information as follows:
- the delivery method,
- the delivery times,
- the delivery costs,
- the information on the transport document,
- the verification of the parcel in front of the courier and potential consequences in the event of any defects being found at that time or not
- information on the passing of risk;
The user will include information on means of payment & costs as follows:
- the acceptable means of payment,
- all the additional costs, postal or other charges or, if these cannot reasonably be calculated in advance, mention that these additional costs may be borne by the consumer,
- the period of validity of the offer or prices,
- the information regarding the invoices,
The user will include information regarding:
- the legal guarantees concerning the compliance of the products, and where applicable, the existence and conditions of after-sales assistance granted to the consumer, after-sales services and commercial guarantees,
- conditions applicable to the situation where the products have apparent defects, as well as hidden defects,
- conditions for remedying/replacing/obtaining compensation for damage caused by the products,
- the guarantee certificate, as well as the notice that the consumer is aware of and must comply with the provisions contained in the certificate of guarantee, otherwise there is a risk of losing the product guarantee.
Withdrawal from the Sale
The user will include information regarding the cancellation of the order, the refusal of delivery, the return of products.
This information must include the conditions that consumers must comply with in order to withdraw from the sale, as follows:
- the conditions (i.e. until when the order can be cancelled, where the goods can be returned, by courier or not, etc.),
- the deadlines for withdrawal, but also for its implementation by the User (i.e., the period of time in which the price of the products is returned, etc.),
- the procedures (forms, declarations, use of the website, etc.),
- the costs to be borne by the consumer/user (i.e. transport, changes in product quality, etc.)
In case a special form has to be used, the User will mention this and where the Client can easily find the form. If no such form is available, the User shall describe the exact process to be followed by the consumer (i.e. e-mail, telephone, website, etc.).
The User must mention whether a consumer will have to bear the cost of returning the products in case of return; if the products, by their very nature, cannot normally be returned by post, the Seller will mention the cost of returning the products.
The User shall mention if the right of withdrawal is not applicable according to the law, as well as the conditions under which the consumer may lose this right, according to the law.
The User shall insert the details of the User's identity as follows:
- o its trade name;
- o the postal address at which the User is established and, if available, the telephone number, fax number and e-mail address of the User at which the User can actually be contacted, in order to enable the consumer to contact the User quickly and to communicate effectively with the User for complaints/inquiries;
The User will insert details on how the complaints/inquiries about the products/services can be submitted - the dedicated channel (telephone, fax, e-mail, mail, etc.), form (if applicable, if not, the information that must be mentioned in order to identify the customer and the products/services), as well as the deadline for response.
The User shall specify details regarding the Client's possibility to contact the National Authority for Consumer Protection and the means of contact.