Terms of service
TERMS AND CONDITIONS OF CONTRACT
These contractual conditions shall apply to:
all sales of goods and
services made by NEXON DYNAMIC CORPORATION SRL, through the online store
www.nexonfarm.hu to individual or legal entity buyers and can only be modified
with the written agreement of both parties.
all individuals and legal
entities providing personal information online for the purpose of purchasing
products and services through the online store www.nexonfarm.hu, whose action
has not necessarily resulted in an obligatory order.
1. DEFINITIONS:
Buyer - any individual or legal entity placing an Order.
Seller -
the commercial company NEXON DYNAMIC CORPORATION SRL, headquartered in
Matrici, Principala Street, No. 204, Mures County, registered at the Mures
Trade Register Office under no. J26/1208/2016, having VAT number RO36483933,
phone number 0749401784, email office@nexon.ro.
Applicant - an individual
for whom an offer, a proforma invoice, an unfinished order has been issued.
Consumer
- any individual or group of individuals formed in associations who, in the
execution of contracts falling under the scope of Ordinance 130/2000 regarding
consumer protection in the conclusion and execution of distance contracts, act
for purposes outside their commercial, industrial, production, artisanal, or
liberal activity.
Goods and Services - any product or service, including
documents and services mentioned in the Order, to be supplied by the Seller to
the Buyer.
Order - an electronic document serving as a form of
communication between the Seller and the Buyer, in which the Seller agrees to
deliver the Goods and Services, and the Buyer undertakes to receive these
Goods and Services and make payment for them.
Intellectual Property
Rights (IPR) - all immaterial rights such as know-how, copyright and related
rights, database rights, design rights, patent rights, registered trademarks,
and domain name registrations.
Specifications - all specifications and/or
descriptions of the Goods as specified in the Order.
2. OBJECT
The Buyer's acquisition of products marketed by the Seller in the
quantity, quality, and assortment specified in the electronic Order.
3. CONTRACT EXECUTION
By placing an electronic order on www.nexonfarm.hu, the Buyer or the
Applicant agrees to these Contractual Conditions.
Any order placed
on the website www.nexonfarm.hu is subject to acceptance by the Seller.
Acceptance of the order by the Seller is considered finalized when there is
verbal (phone) or electronic (email) confirmation from the Seller to the
Buyer, without requiring acknowledgment of receipt from the Buyer. The Seller
never considers an unconfirmed order as having the value of a Contract.
In
the event that, due to reasons beyond its control, the Seller cannot meet the
delivery deadline, they will inform the Buyer about this, also communicating
the new estimated delivery deadline. The Seller also reserves the right to
inform the Buyer that they are unable to fulfill their obligations, without
being subject to penalties for delay, damages, or any other amounts as
compensation in this situation.
In the event of an impediment to
delivery or reception caused by the Buyer, the Buyer will bear all costs that
arise or may arise.
The Seller will ensure the proper packaging of
the Goods and the transmission of accompanying documents.
The
Seller will carry out the delivery of the Goods as follows:
Transport
-
through the courier company GLS
Upon receipt of the goods, the
Buyer will sign the delivery note, or as appropriate, the documents provided
by the courier company.
4. SELLER'S OBLIGATIONS
a) to deliver the products ordered by the Buyer, respecting the
quantity, quality, and specifications specified in the order and within the
agreed-upon terms;
b) to deliver the products related to accepted orders
within 3 days:
from the order acceptance, in the case of payment on
delivery;
from the advance payment being received in the account when the
delivery is conditional upon payment of an advance;
from the price being
received in the account, in the case of payment by bank transfer;
c) to
accept the return of products if notified in writing by the Buyer within 10
days of receiving the products, in the case of goods sales or upon contract
conclusion in the case of service provision, in accordance with the provisions
of Article 8 of these Contractual Conditions;
d) to provide the Buyer
with any additional information they request regarding the marketed goods. The
information presented on the Seller's website is for informational purposes
and may be subject to change by the Seller without prior notice. Furthermore,
due to space and information structure coherence considerations, the product
descriptions might be incomplete. The Seller makes efforts to present the most
relevant information for the product to be used for its intended purpose.
Additionally, for technical reasons, the product images are for informational
purposes, may differ from reality, and may contain unillustrated accessories.
5. BUYER'S OBLIGATIONS
The Buyer is obliged to check the physical integrity of the parcels within a
maximum of 24 hours of receiving them. Any subsequent complaints will not be
considered!
to complete the order form with all the data requested by the
Seller;
when asked for data/information, to provide real and correct data
and/or information;
to receive the ordered and delivered products on the
specified date;
to sign the warranty certificate issued for the purchased
product;
to keep and use the products purchased through the website
www.nexonfarm.hu according to the Seller's indications;
to respect the
established payment terms and methods, under the penalty of paying penalties
for late payment;
not to post defamatory, offensive, obscene, or
otherwise disturbing words, comments on the site for the Seller or other site
users;
not to publish fictitious, false, defamatory comments,
impressions, or articles about the Seller or the goods sold by the Seller.
Violation
of any of the obligations stipulated in these Contractual Conditions results
in the Buyer's obligation to compensate for the damage caused.
6. PRICE, INVOICING, PAYMENT, AND PENALTIES
The price, payment method, and payment deadline are specified in the
Order. The Seller will issue an invoice to the Buyer for the delivered goods,
and the Buyer's obligation is to provide all necessary information for issuing
the invoice in accordance with the current legislation.
In case the
Buyer delays payment for the goods within the deadline specified in the
invoice issued by the Seller, they are obliged to pay a penalty of 0.15% per
day on the amount owed.
In case the Seller receives erroneous
information regarding invoicing or product delivery, the parties will mutually
establish a new deadline for order fulfillment and/or invoice transmission.
Payment
methods for individuals and legal entities.
a). Cash on Delivery
The value of the ordered goods will be
paid upon receiving the parcel. The parcel will contain the product,
accessories (if any), user manual, warranty, and the fiscal invoice.
For
certain orders sent by courier with cash on delivery payment, an advance
payment of at least 20% of the total value may be requested. In case the
customer cancels the order after it has been dispatched, the shipping and
return costs are deducted from the amount paid as an advance.
b).
Bank Transfer
After confirming the order, a proforma invoice will
be issued for the ordered products. The invoice will be sent via email or
fax.
The invoice will mandatorily include the Seller's
identification data, including the account and bank for making the payment:
SC
NEXON DYNAMIC CORPORATION SRL
Mures County, Sat. Matrici (Com. Eremitu),
Principala Street, No.204
Postal code: 547214
Trade Register No.:
J26/1208/01.09.2016
VAT No.: RO36483933
CEC BANK
IBAN:
RO28CECEMS0130RON0766969
For products whose value is paid by bank
transfer, the delivery term is calculated starting from the date of receipt of
the amounts into the Seller's account.
7. TRANSFER OF OWNERSHIP
The Buyer will acquire ownership rights over the Goods at the moment of
the price receipt by the Seller, specifically on the date the Seller's account
is credited with the amount indicated as the price, either to the courier
company (in the case of payment on delivery) or even by the Buyer.
8. RETURN OF GOODS
According to the provisions of Ordinance 130/2000 regarding consumer
protection in the conclusion and execution of distance contracts, the Consumer
has the right to notify the merchant in writing of their withdrawal from the
purchase, without penalties and without citing a reason, within 14 days of
receiving the product, or in the case of service provisions, from the
conclusion of the contract.
Hence, the Consumer can return the
purchased products in their original packaging and in the same condition as
they were received, bearing the transport-related expenses.
S.C. NEXON DYNAMIC CORPORATION S.R.L. will refund the value of the order via
bank transfer within a maximum of 30 days from the date of the written
contract termination, provided that the goods are received within the
aforementioned period.
The refunded amount to the Consumer does not
include shipping costs. Products showing physical alterations, impacts, chips,
scratches, shocks, signs of wear, etc., will not be accepted for return.
In
cases where deliveries are made by the Seller's personnel or in the event of
picking up products from the Seller's store/warehouse, the Buyer is obligated
to inspect and test the goods in the presence of a representative of S.C.
NEXON DYNAMIC CORPORATION S.R.L. This case cannot be considered distance
selling, and therefore the consumer does not benefit from the right to
terminate the contract within 10 days. The Consumer is not obliged to sign the
receipt of the product until it has been properly tested.
9. WARRANTIES
All products marketed by the website www.nexonfarm.hu benefit from
warranty conditions in line with the current legislation and manufacturers'
commercial policies. The products are new, in original packaging, and come
from sources authorized by each respective manufacturer.
For
products sold and delivered by www.nexonfarm.hu, the warranty certificates are
either issued directly by the manufacturer or by NEXON DYNAMIC CORPORATION
S.R.L.; in the case where warranty certificates are issued by NEXON DYNAMIC
CORPORATION S.R.L., the defective claimed product within the warranty period
must be sent to SC NEXON DYNAMIC CORPORATION SRL, and the shipping costs are
covered by the Seller.
In the case of warranty certificates issued
by manufacturers, the defective claimed product within the warranty period
must be presented directly at the nearest service center mentioned in the
certificate. This manufacturer-authorized center assumes full responsibility
for warranty resolution.
The absence of the product's warranty
certificate must be reported within a maximum of 48 hours from receiving the
goods at the address office@nexon.ro. No subsequent complaints will be
considered.
10. CONTRACTUAL LIABILITY
The non-performance or improper performance of the obligations assumed
by the parties may result in the guilty party having to pay penalties and
damages.
S.C. NEXON DYNAMIC CORPORATION S.R.L. does not assume
responsibility and cannot be held accountable for damages arising from the use
of products purchased through the website www.nexonfarm.hu, for compatibility
issues with products purchased from other companies, as well as in cases where
products purchased from the company S.C. NEXON DYNAMIC CORPORATION S.R.L. are
used in conditions that do not correspond to the performance and technical
specifications of the respective product. Due to the large volume of products
in the database, S.C. NEXON DYNAMIC CORPORATION S.R.L. does not guarantee that
their descriptions (images, technical specifications, price) or the content of
the website www.sculesantier.ro are exact, completely updated, or
error-free. Because of changes in characteristics or design by manufacturers
(without prior notification), the delivered products may differ in any way
from the images displayed on the site. In case prices or other product-related
details have been displayed incorrectly, including due to database errors,
S.C. NEXON DYNAMIC CORPORATION S.R.L. has the right to cancel the delivery of
the respective product and inform the customer of the occurred error as soon
as possible if the delivery has not taken place. S.C. NEXON DYNAMIC
CORPORATION S.R.L. cannot be held responsible in any way for damages or losses
resulting from unfulfilled orders.
The maximum value of obligations
towards any client in case of non-delivery or improper delivery of products is
strictly reduced to the value of the sums collected or to be collected from
that specific client.
11. FORCE MAJEURE
Neither of the contracting parties is responsible for the failure to
meet deadlines or/and for the improper - total or partial - execution of their
obligation if the failure to meet deadlines or the improper execution is
caused by force majeure, as defined by law.
The party invoking
force majeure is obliged to notify the other party in writing within 5 days of
the occurrence of the event and take all possible measures to limit its
consequences. Within the same deadline, the cessation of the force majeure
event will also be notified.
Within 10 (ten) days of the occurrence
of the force majeure event, the party invoking it is obliged to provide the
other party with evidence of its occurrence, certified by the Chamber of
Commerce and Industry or another competent authority at the location of the
event.
If within 15 (fifteen) days of the occurrence of the force
majeure event it does not cease, the parties have the right to notify the
automatic termination of the present contract without either party being able
to claim damages. In such a situation, the parties are, however, obliged to
fulfill all due obligations before the occurrence of the force majeure event.
12. PERSONAL DATA PROTECTION
The Seller reserves the right to store information about the site's
visitors, applicants, buyers, including: name, address, email, phone, personal
identification number, ordered products, for the necessary duration to fulfill
orders, communicate information about promotions, and for statistical
purposes.
According to the requirements of Law no. 677/2001 for the
protection of individuals regarding the processing of personal data and the
free movement of such data, as amended and supplemented, and Law no. 506/2004
regarding the processing of personal data and the protection of private life
in electronic communications, NEXON DYNAMIC CORPORATION SRL is obliged to
securely manage and use the personal data communicated by the Buyer for the
specified purposes. The recorded information is intended for the Seller's
operators' use. The purpose of data collection is: issuing the fiscal invoice,
informing the Buyer about the order's status, and dispatching the ordered
products.
The Buyer's refusal to provide this data makes it
impossible to place the order.
According to Law no. 677/2001, the
Buyer has the right to access, intervene with the data, request data deletion
from the database, the right not to be subject to an individual decision, and
the right to appeal to justice.
The Seller undertakes not to
provide any information (names, addresses, orders, etc.) to third parties
except to the courier or postal service. Customers' personal data may be
transmitted to authorities entitled to verify commercial transactions or other
authorities entitled to carry out any justified verifications according to the
law, if requested in compliance with current legislation.
Providing
false or incomplete data when completing an order is prohibited, in which case
the Seller reserves the right to take legal action against the individuals
concerned.
Note:
* Any person has the right to object,
for legitimate reasons, to the processing of their data. This right of
objection can be excluded for certain processing provided by law (e.g.,
processing carried out by financial and fiscal services, police, justice,
social security). Therefore, this mention cannot exist if the processing is
obligatory;
* Any person also has the right to object, free of
charge and without any justification, to the processing of their personal data
for direct marketing purposes.
The "verbal" information method is
used exceptionally when other methods are not feasible (e.g., information
through phone calls, if they are recorded).
13. APPLICABLE LAW, DISPUTES
This contract is subject to Romanian law. Disputes arising from the
contract's execution will be resolved amicably by the parties. If this is not
possible, the dispute will be forwarded to the competent courts in Timisoara.
14. WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
Waste electrical and electronic equipment (WEEE) may contain hazardous
substances that have a negative impact on the environment and human health if
not selectively collected.
In line with the provisions of Emergency
Ordinance 195/2005 - related to environmental protection, Emergency Ordinance
78/2000 - regarding waste management, based on the provisions of art. 10 of
Government Ordinance 448/2005 concerning waste electrical and electronic
equipment, customers should consider the following:
- Customers are
obliged not to dispose of waste electrical and electronic equipment (WEEE) as
unsorted municipal waste and to selectively collect this WEEE;
-
The collection of this waste (WEEE) will be done through selective collection
points made available to producers by the local public administration
authorities who have the obligation, according to art. 5 para. 1) of HG
448/2005, to separately collect WEEE from private households and provide the
necessary spaces for producers to establish collection points for WEEE;
-
Customers can deliver WEEE for free at the collection points specified at the
time of purchasing a new product from the same category.
The symbol
indicating that electrical and electronic equipment is subject to separate
collection is a wheelie bin marked with two intersecting lines forming an 'X'.
This pictogram indicates that WEEE should not be mixed with household waste
and should be selectively collected.
15. OTHER CLAUSES
Contract Assignment
The Seller can assign and/or subcontract
a third party for services related to order fulfillment, informing the Buyer,
without requiring their agreement. The Seller will always be responsible
towards the Buyer for all contracted obligations.
COPYRIGHT
Elements from the site's content - web graphics, scripts,
logos, icons, images, programs, databases - are the property of S.C. NEXON
DYNAMIC CORPORATION S.R.L. and are protected by copyright law. Use without the
written consent of S.C. NEXON DYNAMIC CORPORATION S.R.L. of any elements
listed above is punishable according to current laws.
Recommendations
By
registering as a member, the Buyer:
Will have a username (email
address) and a password.
Is responsible for keeping the username and
access password safe as a member of the www.nexonfarm.hu website, being
responsible for any activity carried out under the registered username.
Undertakes
to immediately notify the Seller of any suspected unauthorized activity under
the registered username.
Individuals accessing the www.nexonfarm.hu
website can comment, send suggestions, questions, or other information, as
long as their content is not: illegal, obscene, defamatory, threatening, does
not violate intellectual property rights, does not disturb the privacy of
other individuals in any way, and does not contain viruses. S.C. NEXON DYNAMIC
CORPORATION S.R.L. has the right (but not the obligation) to delete any such
messages identified on the site.
S.C. NEXON DYNAMIC CORPORATION
S.R.L. will not be responsible and cannot be obligated to any compensation for
any damages caused by such communications.
Newsletter
Subscribing
and unsubscribing from the newsletter distributed by the www.nexonfarm.hu
website is free and voluntary, and implies acceptance of the following terms
of use:
- Messages sent as a result of subscribing to the
newsletter cannot be considered unsolicited.
- Unsubscribing from the
newsletter can be done at any time by sending a message to the address:
office@nexon.ro, or by accessing the 'Unsubscribe' box in the communications
received.
- The messages sent comply with the provisions of the
Electronic Commerce Law regarding commercial communication, as stipulated by
Romanian and international legislation.
Opting to subscribe to the
newsletter implies users' acceptance that their personal data will be stored
and processed by the company S.C. NEXON DYNAMIC CORPORATION S.R.L. The Seller
reserves the right to use IP addresses to compile statistics on the number of
site visitors.
The current contractual conditions were established
in compliance with current legislation (Law no. 363/2007: "regarding the
prevention of unfair business-to-consumer commercial practices and the
harmonization of regulations with European consumer protection legislation;
Law no. 449/2003").