Terms and Conditions

Defining elements

The general terms and conditions will be applied to all sales of goods and all services provided by S.C. Sere Transilvania S.A. via the virtual shop www.serefix.ro towards a Buyer, and they can only be modified with the express written agreement of both parties.

Thus, the following terms will denote:

Buyer - individual / legal person, authorized person, association/foundation which issues an Order.
Seller - the Commercial Company Sere Transilvania S.A., having the headquarters in Cluj-Napoca, str. Principală, nr. 355A, loc. Vâlcele, judetul Cluj.
Goods and Services - any product or service, including the documents and services mentioned in the Order, which are to be provided by the Seller to the Buyer.
Order - an electronic document which intervenes as form of communication between the Seller and the Buyer, through which the Seller is agreeing to deliver the Goods and Services and the Buyer to accept these Goods and Services and make the required payment.
Contract - an Order confirmed by the Seller.
Intellectual property rights (used below as IPR) - all the immaterial rights such as know-how, author rights and copyrights, data base rights, design rights, the rights to models, patents, registered trademark, and registration of the domain names to any of the above.
Specifications - all the specifications and/or descriptions of the Goods and Services, as they are presented in the Order.

Contractual documents

By issuing an electronic or phone order using the site above mentioned, the Buyer is agreeing with the form of communication (phone or email) through which the Seller carries out his operations.

The order will consist of the following documents, in their order of importance:

a. The order (together with clear mentions regarding the data of delivery and billing) and its specific conditions
b. The specifications of the Buyer (where it is applicable)
c. The terms and conditions

If the Seller confirms the order, this will imply a complete acceptance of the terms of the Order. The acceptance of the order by the Seller is considered finalized when there is a verbal (phone) or electronic (email) confirmation of the Seller towards the Buyer, without the necessity of a confirmation of receipt from the Buyer. The Seller does not consider, at any moment, an unconfirmed order as having the value of a Contract. 

The present Contract comes into force at the confirmation of the Order by the Seller. The confirmation is made through phone of email.

The general terms and conditions of sale are the basis of the Contract concluded, the annex of which is the Guarantee Certificate issued by the Seller or one of its suppliers.

Extended Obligations of the Seller

The Seller will use his professional and technical knowledge to reach the result stipulated in the Order and will deliver the Goods and Services which meet the requirements, needs and specifications of the Buyer;

The information presented of the sites of the Seller have an informative character and can be modified by the Seller without prior notice.

Also, for reasons of space and information structure coherence, the descriptions of the products can be incomplete, but the Seller makes efforts in presenting the most relevant details so that the product can be used in the parameters for which it has been purchased. Thus, all the information used for describing the Goods and/or the Services available on the Site (static images / dynamic images / multimedia presentations etc.) do not represent a contractual obligation from the Seller, these being used exclusively with a presentation title. Also, the images are presented on the site with an example title.

The products are offered within the available stock limit. The Seller does not offer any guarantee, expressly or implicitly, in which regards (including, but not limiting to) the functioning of the site, the information, the content, the materials or the products from the site, as well as their suitability for a certain purpose. The visitors expressly agree that using this site and the purchase of goods is made at their own risk.

The Seller cannot guarantee the stock availability of all the presented products. The Seller will inform the Buyer about the unavailability of the product and the sums that the Buyer has payed will be reimbursed by the Seller in the shortest time. Alternatively, if the Buyer agrees, the Seller may send a similar product or service, having the quality and price equivalent to the one requested initially, in the case of unavailability of the ordered product.

The communication with the shop - can be made through interaction with it, by posting opinions regarding the products or by communicating using the addresses mentioned in the “contact” section. The users of the site can send commentaries, notes, suggestions, ideas or observations regarding the content and structure of the Site or of the products/services, respectively they can ask questions as long as their content is not illegal, obscene, threatening, defamatory, does not affect the private life, the intellectual property rights of Sere Transilvania or any other third parties, and as long as they do not contain viruses, conduct electoral/political campaigns, commercial solicitations, chain letters, mass mailings or any other form of spam. One cannot use a fake email address or impersonate another person or entity. All the situations mentioned above will be excluded from the site or ignored.

For justified motives, Sere Transilvania reserves its right to restrict the access to the Client/Buyer from issuing an Order and/or some accepted payment methods, in the case in which it considers that based on the conduct or activity of the Client/Buyer on the Site, his/her actions may harm Sere Transilvania in any way. In any of these cases, the Client/Buyer may request to Sere Transilvania to be informed as to which are the motives that lead to the application of the aforementioned measurements.

Industrial intellectual property rights (IPR)

The Buyer understands the right for intellectual property and will not reveal to a third party or make public (on the internet or media) any information received from the Seller.
Also, the name of the site and the graphical signs are trademarks registered as property of Sere Transilvania and cannot be taken, copied or used without the consent of the owner.

The content of the site, including but not limiting to the logos, stylized representations, commercial symbols, static images, dynamic images and multimedia text and/or content presented on the Site are the exclusive property of Sere Transilvania. Sere Transilvania has as reserved all the rights obtained in this sens, directly or indirectly (through use licenses and/or publications).

Confidentiality and advertisement

SC Sere Transilvania SA, in order to comply with the new legislation regarding personal data protection which came into force on the 25th of May 2018 (GDPR), has adopted the necessary technical and organisational measures in order to prevent the loss, abuse, wrong use, modification, unauthorized use or theft of the received personal data, taking into consideration the present situation of the technology, the nature of data and the risk to which it is exposed.

What is the purpose of processing the data? The personal data will be processed as follows:

• Clients - Management of necessary data to maintain the contractual relations with the clients.
• Management of contrancts and offers - Managements of the contracts with clients of the company.
• Potential clients - Management of opportunities and business contracts.

In order to apply the measures mentioned above, it is necessary to collect the following information: contact data, the legal data of the client, management of offers and contracts. For these operations of processing, the legal basis is retrieved in the present contractual relation between the company and the person concerned.

The information of any kind provided by the Buyer to the Seller will remain as property of the Seller. This information can only be used for the execution of the contract and can be made public only with the written consent of the Seller and after obtaining a confidentiality agreement from whoever will receive it. No public statement, promotion, press release or any type of disclosure will be made by the Buyer regarding the order, without a previous written consent of the Seller.
The Sere Transilvania messages are transmitted using partners specialized and accepted by Sere Transilvania. Thus, the confidentiality and security of information is assured. Data with personal character of the clients cannot be used or provided to other parties.

By transmitting information or materials using this site, you offer the Seller non-restricted and irrevocable access to it, the right to use, reproduce, display, modify, transmit and distribute these materials and information. You also agree that the Seller may freely use, in his own interest, these ideas, concepts, know-hows or techniques you transmitted to us using the site www.serefix.ro. Sere Transilvania will not be subject to obligations regarding the confidentiality of the sent information, unless the legislation in force provides other specifications regarding this matter.

According to the legal conditions regarding the protection of data with personal character, the Seller will not disclose any information regarding the Buyer without authorization. Based on the unequivocal and express consent and only within the limits of the legislation in force, it is possible to offer such information to third parties (e.g.: marketing service providers, other service providers, state or governmental agencies or associations from the insurance domain - when the legislation specifies/provides it, other companies with which we could develop common offer programs on the market of our products and services), but only in order to respond to your request for offering new products/services.

The person concerned has the right to acces their personal data and also the right to request the rectification of inaccurate data or, if necessary, to request deletion of the data when, among other reasons, the data are no longer necessary for the purposes for which they were collected. Under certain circumstances, the person concerned may request a restriction on the processing of their data, in which case we will only retain it for pursuing or defending complaints.

In order to exercise these rights and for any further clarification the person concerned may write an email to office@seretransilvania.ro.

Terms and penalties

In case the terms of delivery and/or of the start of the Order cannot be respected, the Seller is obliged to notify the Buyer with the estimated time of finalizing the order. 

By finalizing the Order, the Buyer agrees that all the data provided by him, which is necessary for the buying process, are correct, complete and true at the date when the Order is issued.

In the case in which the Seller receives erroneous information regarding the billing or delivery of the goods, a new delivery term will be established, this being within 3 business days.

The Order can be canceled without warning and without compensation within the following conditions:

- the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;

- the Client/Buyer cannot be contacted for the confirmation of the Order within the order honoring term.

Billing and payment

For orders from EU countries with a valid VIES code, invoicing is done without VAT. For purchases without a valid VIES code, 19% VAT is added (according to Romanian law). For orders placed in Romania, the invoice is issued at the BNR+1% rate and the balance is settled at the value calculated in this way (BNR = The National Bank of Romania).

The prices for the products presented in the virtual shop are expressed in lei or euro. The price, the payment method and the payment deadline are specified in the Order. The Seller will send a fiscal bill for the delivered Goods and Services to the Buyer and the obligation of the Buyer is to provide all the information necessary for the bill issuing, according to the legislation in force.

Risks and responsibilities

a. Delivery
The Seller is obliged to dispatch the Goods and Services via courier towards the Buyer.

b. Transport - Packaging
If it is not decided otherwise by both the Seller and the Buyer, the Seller gives up its risks and responsibilities associated with the Goods and Services when they are delivered to the society of internal courier or to the representative of the Buyer.
The Seller will assure a proper packaging of the Goods and Services and will assure the transmission of the accompanying documents.
The Seller will make the delivery of the Goods and Services on the territory of Romania.

Acceptance

Acceptance will be made when the Goods and Services are according to the technical characteristics mentioned in the Order. In the case in which the Buyer notices that the delivered Goods or the provided Services are not according to the technical specifications, then the Seller will bring the Goods and Services into conformity.

Warranties

All the products commercialized by the www.serefix.ro site benefit from the warranty conditions according to the legislation in force and the commercial policies of the manufacturers. The products are new, in original packaging and come from sources authorized by each manufacturer. In the case of the products sold and delivered by Sere Transilvania, the warranty certificates are either emitted directly by the manufacturer - if it has a national service network, or by Sere Transilvania. 

The lack of the product warranty certificate must be reported in maximum 48 hours from receiving the goods, on the office@seretransilvania.ro email address. Any ulterior report will not be taken into consideration. In the case of resealed products, the warranty certificate is emitted by Sere Transilvania, and the warranty will not cover the same period as for a new, sealed product. The warranty period is specified for each resealed product.

Transfer of property

The property over the Goods and Services will be transferred at the time of payment of the Buyer, in the location indicated in the Order (by delivery being understood - the signing of the receipt of the transport document provided by the courier or the signing of receipt on the fiscal bill in the case of deliveries made by the personnel of the Seller). In the case of courier delivery, the courier is not authorized by the Seller to allow the Buyer to open the packages before signing the receipt of goods, but only after singing the receipt of goods and the possible payment of their value.

Return policy

Sere Transilvania assures the return policies in the conditions of applying the Emergency Ordinance no. 34/2014, regarding the rights of the consumers within contracts signed with professionals, as well as for the modification and completion of some normative acts. The buyers which have purchased goods using www.serefix.ro may return the bought products, in the original packaging, in terms of 14 business days from their reception, without any penalties or without invoking a motive. In this sense, the Buyer will formulate an unequivocal declaration in which he expresses his decision of withdrawal from the contract and/or of returning the ordered product, or he could complete a return form which will be transmitted on the office@seretransilvania.ro email address or using the postal service.

According to art. 9 from O.U.G. no. 34/2014,"The consumer has the right to notify the seller, in writing, that he renounces the purchase, without penalties and without invoking a motive, in terms of 14 business days from receipt of the goods or, in the case of provisions of services, at the completion of the contract". The return of the product is made at the expense of the buyer, using the same transport service as when the goods were first delivered. In the conditions of applying the dispositions of art. 14 row 3 from O.U.G. no. 34/2014, the consumer will be responsible with the decrease of the product values because of their manipulation, which is different from what is necessary for determining the nature, characteristics and functions of the products. Sere Transilvania will perceive supplementary taxes for the return of the products which have the following: lack or tear of the label, lack of original packaging, etc., in order to bring the products back to their original state. In these conditions, the costs will be reasonable for the buyer. According to art. 13 row 4 from O.U.G. no. 34/2014, Sere Transilvania will reimburse the value of the products at the date of their reception, which have made the object of the sale or or up until the moment of receiving a proof from the consumer, according to which he has sent the products, then taking into consideration the nearest business date. The reimbursed sum will not include the transportation costs for the return of the products, in the conditions in which these costs have been paid by Sere Transilvania. A product is considered used when:

• The product or packaging have wear marks (physical modifications, bumps, scratches, chippings etc.)
• The product was used intensively

Data which have to be taken into consideration when returning the ordered products:
-  The value of the transportation of the products towards Sere Transilvania will be paid by the client.
-  The products must be in very good shape, not used or worn-out.
-  The products can only be returned in their original packaging, without any deterioration (hit marks or destruction of property).
-  In the situation where the products have a seal, it must not be open - the product must be returned sealed.
-  The state of the returned products has to be the same as when they were acquired/received. Any sign of wear existing on the product or packaging will invalidate the right to return.
-  The Buyer is responsible with the decrease of the product values because of their manipulation, which is different from what is necessary for determining the nature, characteristics and functions of the products.
-  Products that exhibit physical alterations, bumps, scratches, chippings, shocks etc. are not acceptable for return
if you encounter any problems related to your order, which cannot appear to be resolved through email or with the person you have discussed, you can request a supplementary conciliation, by contacting us on the office@seretransilvania.ro address.

Responsibility

The Seller cannot be responsible for any damages which the Buyer or any third party may suffer as result of the Seller fulfilling any of its obligations according to the Order and any damages that result from using the Goods or Services inadequately after the delivery and especially in the case of loss of products.

Force majeure

Neither party shall be liable for non-performance of its contractual obligations, if such non-execution is due to a force majeure event. The force majeure event is an unpredictable event outside the control of the parties and which cannot be avoided.

Applicable law - jurisdiction

The present contract is compliant to the Romanian law. The eventual litigation that may occur between the Seller and the Buyer will be resolved in an amicable way, or, if the case where it is not possible, the litigation will be solves by the competent Romanian court of law. The parties agree to submit to the exclusive jurisdiction of the competent court near the Seller's domicile for the settlement of contractual disputes. The parties state that, in the event of a dispute regarding the interpretation of this CGT, the text in Romanian will always prevail.