TERMS AND CONDITIONS
I. Definitions of Terms
Natural or legal person placing an Order for the purchase of Products sold through the website https://amoom.ro/
AMOOM RESTAURANTS S.R.L, registered at the Trade Registry with no. 40/5905/2022 and having the Unique Registration Code 45875596 with headquarters in Str. Vointei 21 Bl. C1 Cod 052833, Sector 5, Bucuresti
Any product to be supplied by the Seller to the Buyer, respectively pieces and assemblies of furniture, office accessories, upholstery, purchased by the Buyer, according to the description related to the manufacturers' documentation, whose characteristics have been agreed by him and entered in the order, email , respectively invoice.
An electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer wishes to purchase the Products sold by the Seller and make their payment, and the Seller agrees to deliver them.
A voluntary agreement entered into between the Seller and the Buyer regarding the Products ordered by the latter, with respect and application of the present Terms and Conditions.
Product descriptions as specified in the order/respectively in the invoice.
This document takes the place of a contract for the sale of goods and regulates from a legal point of view the relationship between the Seller and the Buyer. This Contract is concluded at a distance, without the simultaneous physical presence of the two parties.
By placing an order on the site, the Buyer agrees to the form of communication (e-mail, SMS, telephone) through which the Seller conducts its operations on the site.
The Buyer will be informed by the Seller about the registration of the order, and it will be considered accepted and completed when there is a written confirmation (email or SMS) from the Seller.
The order is considered valid only after confirmation by the Seller of the stock availability, the price as well as the characteristics of the products requested by the Buyer, respectively the customization of the Products.
The Seller is not obliged to accept the Customer's Order in cases such as: the lack of the Product in stock, the data provided by the Buyer are unreal, incomplete or incorrect, the Seller has doubts about the veracity or seriousness of the Order. For the fulfillment and execution of the Contract, by registering and placing of an order on the Site, the Buyer gives his consent regarding the forms of communication and contact by the Seller, respectively e-mail and/or telephone in connection with the order placed. The Seller has the right to unilaterally change the quantity of Products from the order placed by the Buyer with his prior information and acceptance. If the Buyer does not agree with the said modification, the Order is considered canceled by law, the Buyer not being able to issue any claims of any kind against the Seller.
The right of ownership and the risk of loss or damage to the ordered Products is transferred to the Buyer when he or a third party appointed by him, other than the courier, takes physical possession of the Products, after payment by the Buyer. By placing the Order, the Buyer fully and unconditionally accepts the Terms and Conditions published on the Site.
Subject of the contract
It constitutes the sale of the Products, in accordance with the availability of the stock, the price and the characteristics mentioned by the Buyer at the time of validating the order.
The price of the contract
It is the sale price of the Products included in the order validated by confirmation by the Seller. If there are errors or malfunctions of the website, and the displayed price is not the real one, the Seller will inform the Buyer, in the process of validating the order, after which the latter will confirm whether he agrees or not.
Prices do not include delivery costs, unless otherwise specified on the website.
The Contract price can be paid online by card or payment order, based on the proforma invoice issued by the Seller.
Considering that most of the products sold by the Seller are made to order, after validating the order and issuing the proforma invoice, the Buyer will pay an advance, and the full payment must be made before the delivery of the products.
Delivery of Products
The Seller will notify the Buyer of the estimated delivery completion date. If the delivery term is changed by the manufacturer, or by other entities (customs authorities, carriers), he will immediately inform the Buyer about the change (exception provided by art. 18 of O.U.G. no. 34 /2014, paragraph . 1).
The Seller, if he cannot deliver the ordered products due to the fact that they are no longer available, will inform the Buyer about this unavailability, following that the sums of money paid by the Buyer for the unavailable product will be reimbursed within a maximum of 30 calendar days.
Delivery times are shown on the website for each product and vary by product. However, the delivery terms may be changed unilaterally by the Seller if they are affected by transport delays due to situations beyond the Seller's control.
The delivery is made to the delivery address defined by the Buyer in the order form, using the external courier or the internal delivery team.
All the Seller's products are delivered disassembled (with the exception of products made from a single component), in packages, in order to be transported safely. The Seller will make available to the Buyer how to use and function the purchased products, through diagrams and assembly instructions.
The buyer has the obligation to quantitatively and qualitatively check the packages, as well as the packaged fragile components (glass parts). Objections regarding possible irregularities or deficiencies regarding the integrity of parcels (damaged, broken boxes, torn, wet packages, etc.) and related Products will be made at the time of delivery by drawing up a statement of findings and by refusing to receive them.
Any subsequent complaints regarding these aspects will not be considered. The receipt of the products represents the customer's acceptance that the products have arrived in good condition, and the confirmation is represented by the signature on the transport documents and the invoice. The buyer is solely responsible for the correctness, reality and legality of the data filled in his Account, these data being automatically included in the the invoices issued for the Products purchased by him. Completion of the Account by the Buyer with erroneous or incomplete data, compared to the provisions of the law and the Terms and Conditions, as well as the consequences of these facts fall under the exclusive responsibility of the Buyer.
The unit and total price, the method of payment as well as the payment term are specified for each individual Order in the process of its transmission.
From the moment orders are placed at the factory, it can no longer support changes, canceling the order automatically leads to the loss of the advance paid!
According to the provisions of GEO no. 34/2014, the Buyer has the right to notify the Seller in writing that he renounces the purchase, without penalties and without citing a reason, within 14 calendar days of receiving the product and bearing the return expenses.
The customer is informed that, if the products whose return shows signs of wear, scratches, shocks, mechanical or, as the case may be, electrical shocks, missing accessories, the Seller reserves the right to decide to accept the return or to stop a amount from the value of the product, amount that will be communicated after the assessment of the damages caused. In the case of exercising the legal right to return the product, the reimbursement of its value will be made within 14 days at most from the date of the return request, under the benefit of the quantitative and qualitative reception of the return, according to this policy, by the same payment method.
Unsealed products can only be returned in their original packaging, provided that they show no signs of wear, use or assembly!
The customer bears only the direct costs related to the return of the products. The customer is only responsible for the diminution in value of the products resulting from their handling, other than what is necessary to determine the nature, characteristics and functioning of the products.
Exempted from the exercise of the right of return are products made according to the Buyer's specifications and instructions or specially customized for him (color, size, etc.), products that can deteriorate or degrade quickly, products that are part of an ensemble and cannot, by nature them, separated from the other component elements.
According to the provisions of the same Ordinance, in the event that the Buyer returns the Product in a state that diminishes its value, the Seller has the right to appreciate this diminution and to reduce proportionally the amount returned to the Buyer. The Seller will reimburse the Buyer the amount paid by the latter within of a maximum of 14 days from the date of informing AMOOM RESTAURANTS S.R.L by the Buyer about his decision to withdraw from the Contract. The amount will be returned to the Buyer, by refund, in the bank account indicated by him in the return request. In the case of online payment, the money will be returned to the account from which the payment was made. The refund of the amount to the Buyer as a result of the latter exercising the right to withdraw from the Contract can be postponed until the confirmation of receipt by the Seller of the goods them.
The seller ensures and guarantees the conformity of the purchased goods, declaring on his own responsibility that the sold products do not endanger life, health, work safety, do not produce a negative impact on the environment and are in accordance with OG no. 20/2010 regarding the establishment of measures for the uniform application of European Union legislation.
The seller undertakes to deliver the product in accordance with the description on the AMOOM RESTAURANTS S.R.L website and with the qualities and characteristics listed in the invoice. The product is considered non-compliant if it does not have the same qualities as described on the AMOOM RESTAURANTS S.R.Lwebsite or if it does not have the qualities and characteristics listed in the invoice. The seller's liability is engaged if the lack of conformity of the product appears within a period of 2 years calculated from the date of delivery and if the Buyer informs the Seller about the occurrence of the lack of conformity within 2 days from the date on which he found it. If, upon delivery, a lack of conformity of a product from the invoice is found, the Buyer has the right to request the repair within a reasonable period or the replacement of the product.
After delivery, the Buyer can no longer invoke quantitative deficiencies or deficiencies that he could not reasonably have failed to see at the time of delivery (chips, scratches, rust, pulled wires, bent components, dirt stains). Breaking the products or glass components or scratching the products after receipt are risks fully assumed by the Buyer.
Any claim will be accompanied by the product invoice. During the warranty period, the Buyer has the right to request the free repair, within a reasonable period, or the replacement of the product with quality deficiencies, if these deficiencies are not caused by the Buyer's failure to comply with the instructions for use and maintenance. Depending on the availability of the manufacturer and the place where the product was manufactured, the Seller will undertake to repair or replace the product, during the warranty period, as soon as possible.
The replaced product has the same warranty as a new product.
The transport of the products by the Seller to the premises indicated by the Buyer is not the subject of the invoice containing the products and they are not included in the price paid by the Buyer.
The products are the property of the Seller, until their actual delivery. Actual delivery is confirmed by the Buyer's receipt signature on the tax invoice for orders shipped with the internal delivery team or the transport document provided by the courier.
VIII. CONFIDENTIALITY. PERSONAL DATA PROCESSING
According to AMOOM RESTAURANTS S.R.L policies of confidentiality and security of the information provided, the Seller will keep the confidentiality of all the information that the Buyer transmits to him within the limits of the law.
Disclosure of the provided information will only be possible in the following situations:
The information is or becomes available to the public otherwise than through disclosure by the Seller;
The information is disclosed as a result of written approval from the Buyer or as a result of a court decision; c. The information is requested by an authority that by law has the right to request the disclosure of such information; AMOOM RESTAURANTS S.R.L does not request or store details related to the Buyers' bank cards. The processing of these card data in the case of online payments is done exclusively through the secure payment platform.
Any external, unforeseeable, absolutely invincible and unavoidable event, which makes impossible, totally or partially, the execution of any of the obligations of any Party deriving from this Contract will be considered force majeure and will exonerate the Party invoking it from responsibility. If within 15 days from the date of occurrence of the force majeure event, it does not cease, either of the parties will have the right to notify the other party of the full termination of the Contract without any of them being able to claim damages to the other.
AMOOM RESTAURANTS S.R.L sells only on the territory of Romania. Complaints regarding the execution of this Contract, notifications, as well as correspondence between the parties will be made in writing, in the Romanian language, (by registered letter with confirmation of receipt and declared content, by e- email with confirmation of its content, etc.), to the addresses indicated by the parties according to the Contract. This Contract is subject to Romanian law.
Disputes regarding the interpretation, conclusion, modification, execution or termination of the Contract will be resolved amicably. In the event that the parties do not reach an agreement within 30 days from the date of the dispute, they will address the competent Romanian courts in Ilfov County. Part they agree that, in the event that any of the provisions of this Agreement is declared null, illegal, invalid or unenforceable, in accordance with Romanian law, the other provisions of the Agreement will not be affected or prejudiced by them.
The provisions contained in the Terms and Conditions can be modified at any time by the Seller, without the express notification or information of the Users or Buyers, these provisions being opposable to the Users or Buyers from the date of display in the Terms and Conditions.