TERMS AND CONDITIONS
- GENERAL PRESENTATION
This Site is operated by REMARKT MAGAZINE SRL, a limited liability company, based in Str. Moliere no. 12-14, floor 1, apartment 3, Sector 1, Bucharest, Romania, registered at the Bucharest Trade Register under no. J40 / 3283/2013, unique registration code 31357586 (hereinafter referred to as “Remarkt”). Within the Site, the terms “we”, “us” and “our / ours / ours” refer to Remarkt. Remarkt provides this Site, including all information, tools, products and services available on this Site, to you, the user, provided you agree to all of the terms, conditions, policies and notices set forth herein.
This Site wishes to make available to all interested users, free of charge, information about Remarkt Products and campaigns, offering the possibility to purchase Products online. For details on specific campaigns or promotional offers offered by Remarkt, please see the specific regulations or information dedicated to those campaigns or promotional offers, which will be communicated to you by Remarkt. Remarkt may publish on the Site information related to certain campaigns or promotional offers that are limited in time or are applicable within the available stock.
By visiting our Site and / or purchasing a Product from us, as well as any other use of the Site, you use our services (“services") And you agree to abide by the following terms and conditions ("Terms and Conditions" or "T & C”), Including those additional terms and conditions and policies referred to in this document and / or available through the hyperlink. These Terms and Conditions apply to all users of the Site, including, but not limited to, users who are browsers (when you only visit the Site), Customers and Buyers, sellers, merchants, and / or content contributors. .
Please read these Terms and Conditions carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to abide by these Terms and Conditions. If you do not agree with all the terms and conditions of this agreement, you will not be able to use or purchase any Service or Product offered through our Site. If these Terms and Conditions are considered an offer, acceptance of the offer is expressly subject to acceptance of these Terms and Conditions.
Any new features or tools added to the current Site will also be subject to T&C. You can view the latest version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these T&C, by posting updates and / or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site after the posting of any changes constitutes your acceptance of those changes.
Our store is hosted on Shopify Inc. through its affiliate Shopify International Limited, based in Ireland. It offers us the online e-commerce platform that allows us to sell our Products and offer you the Services to you.
- TERMS AND CONDITIONS OF THE ONLINE STORE
By accepting these Terms and Conditions (in the last form available on the Site on the date of accessing or placing the Order) and by placing an Order, you declare that you are at least the age of majority in the state or province of residence. In Romania this age is 18 years. This Site is not intended for minors under 18 years of age.
By accepting these "Terms and Conditions", Customer / Buyer assumes compliance with applicable law prohibiting the marketing of alcoholic beverages and tobacco products to minors, and Remarkt will not be held liable when Customer / Buyer provides inaccurate or false information at the age of fraud in order to defraud these prohibitions.
You may not use our Products or Services for any illegal or unauthorized purpose, nor may you violate, in the use of the Service, the laws in your jurisdiction or the rights of third parties (including, but not limited to, copyright laws and any other intellectual property rights). The customer is responsible for the way he uses the Site and for the consequences arising from its use, in accordance with the applicable legislation in the field.
It is forbidden to transmit viruses or any destructive codes when you access or use our Site and Services.
A breach or non-compliance with any of the provisions of the T&C will lead to the immediate cessation of the provision of the Services for your benefit, along with any other additional remedies and legal actions that may be taken against you.
Within these Terms and Conditions, the terms used below will have the following meanings:
"Site”- means the website www.remarkt.ro ;
"Shopping cart”- means the online form of the basket composed of all the products selected by the Customer / Buyer from the Site for purchase;
"Command”- means the placing by the Buyer of a request to purchase some Products through the Site;
"service”- means the user, a natural person over the age of 18, who accesses the Site in order to consult the Products or to place an Order;
"Buyer”- means the Customer who places an Order through the Site;
"Product”- means any product / article displayed on the Site in respect of which an Order may be placed to be delivered to the Buyer on the basis of his Order, in the specific terms and conditions determined by Remarkt within these T&C. The Products will be displayed on the Site by categories, following that when accessing each of the subcategories, the individual Products can be displayed, including the specific description and details regarding their availability;
"Shipping costs”- means the amount of money that the Buyer owes to Remarkt as a result of requesting the delivery to a certain address of the Products ordered through the Site. The delivery fee is not included in the price of the Products, it is highlighted separately at the time of placing the Order and included in the final price of the placed Order that the Buyer will pay.
- GENERAL CONDITIONS OF THE ONLINE STORE
The Site is intended to be used for the online purchase of food or non-food products sold by Remarkt in the online store on this Site. Remarkt does not charge any cost for simply accessing the Site.
These T&C establish the contractual conditions applicable to all purchases made through the Site, based on and with the application of the provisions of the applicable legislation, including GEO no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing some normative acts („OUG 34 / 2014").
Remarkt informs you that the way the Products and offers will be presented on this Site and / or the structure of the Site in general may be modified according to the needs identified by Remarkt, so that the Site can be used easily and safely. an intuitive way, and the experience of each Client to be a pleasant one.
We reserve the right to refuse the Service to any person for any justifiable reason at any time necessary.
In order to provide the Services specific to Remarkt's online store, the details required to process your Order (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to comply with and adapt to the technical requirements for connection to networks or devices belonging to Remarkt or its partners. We take all necessary security measures to ensure the security of any information you enter in the dedicated sections of our Site. Credit card information is processed securely by your online payment service provider.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contact on the Site through which the Service is provided, without our express written permission.
The property rights (including intellectual property) over the content, including the information, image, text, trademarks and materials displayed on our Site belong to Remarkt. By using this Site and the Services provided, you acknowledge and agree that you will not acquire any intellectual property rights in the content and images displayed on the Site, but only have the right to use and view them for the purpose of purchasing Products online. No reproduction, representation, in whole or in part, by any means is permitted without the prior written consent of Remarkt (or as the case may be of its collaborators holding those rights).
The titles used in this contract are included only to make it easier to browse the T&C and will not be limited to or affect in any way the actual content of these Terms and Conditions, being necessary to carefully browse their content before using the Site. .
- ACCURACY, COMPLETENESS AND UPDATE OF INFORMATION
Remarkt encourages Customers to carefully read the description of each Product to know its features, meaning that Remarkt strives to present relevant and current information about each Product presented in the online store on this Site. However, complete information may be identified on the websites of the manufacturers of these Products or on the label of each Product, which must be read carefully before being consumed or used in any form. Instructions for use, cleaning or maintenance are those provided by the Manufacturer. Remarkt does not warrant or assume responsibility if the information available on this Site is not always accurate, complete, error-free or current. Due to technical reasons (eg errors during stock turnover), some differences may occasionally occur, including between the information mentioned on the Site and those on the Product labels. The information presented on the Site does not replace the information on the Product labels. In case of discrepancies, the information on the Product labels prevails. The consumer must check the information on the Product label (including allergens) before purchase as well as before consumption.
The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, prior, more accurate or more complete sources of information. In the event of such discrepancies, Remarkt assumes no liability, to the maximum extent permitted by law.
This Site may contain certain historical information. Historical information is not necessarily current and is provided to you for reference only. We reserve the right to change the content of this Site at any time, but we have no obligation to update the information on our Site. You agree that it is your responsibility to monitor changes to the Site.
You agree to provide current, complete and accurate purchasing information and, where applicable, account for all purchases made in our online store on this Site. You agree to immediately update your account and other information so that we can complete your transactions and contact you if necessary. If our system detects that certain data entered is invalid, it will warn you accordingly.
- CREATING THE ACCOUNT ON THE SITE or PLACING THE ORDER WITHOUT CREATING AN ACCOUNT
Any Customer who wishes to place an Order on the Site can register by creating an account free of charge, filling in all the existing and mandatory fields in the form on the Site, thus making it easier to place Orders further and track their status. By using the account when placing an Order you will complete an Order much faster as the necessary information can be retrieved from the existing data in the account, as long as it has been previously completed. You can also save alternate addresses for deliveries to other addresses and for other people.
However, creating an account is not mandatory for placing an Order. Customers can also place Orders without creating an account, but the data required to execute the Order will have to be entered on the Site at each Order.
Within the account can be kept more information about the Client's activity on this Site, such as a record of all Orders placed (Order history), a list of favorite products or of which the Client is interested.
By registering on the Site and creating an account, as well as by placing an Order, you agree to the Terms and Conditions and how Remarkt will provide you with details of the Order placed. Your agreement will be deemed expressed by checking the "I have read and agree to the Remarkt Terms and Conditions" section.
Customer is solely responsible for maintaining the confidentiality of your account and password and restricting access to your device, being solely responsible for the consequences arising from the use of the Site, as well as for any material, intellectual, electronic or any other damage suffered. by the Client or another person, resulting exclusively from the use of the Site by the Client, in accordance with the applicable legislation in the field.
The customer agrees and guarantees that all the content he transmits is true and correct, assuming full responsibility for them.
Remarkt reserves the right to restrict / suspend the possibility of the Customer / Buyer to place Orders on the Site, if it considers that his actions on the Site could cause him harm or when he has a reasonable suspicion of fraud on the part of the Customer / Buyer. or a third party related to them.
- SERVICE AND PRICE CHANGES
The prices of our Products are subject to change without notice, but without affecting Orders already placed to Remarkt by the Buyer or those already completed by the time the price change is implemented. The period of validity of the prices or offers will be indicated accordingly on the Site or in the communications that will be sent to you related to those offers.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without prior notice, to the extent justified. However, this will not affect Orders already placed and confirmed by Remarkt.
We will not be liable to you or to any third party for any modification, price change, suspension or interruption of the Service under the above conditions.
- PRODUCTS OR SERVICES (if applicable)
Certain Products or Services may be available exclusively online through the Site. These Products or Services may be in limited quantities and are subject to return or exchange only in accordance with our return rules in section 12 of these Terms and Conditions.
We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Site. We cannot guarantee that your computer monitor / mobile devices will display exactly those colors. The photos of the Products are informative and there may be certain differences from reality, which do not depend on us and are not our responsibility.
Customers may take possession of the ordered Products by picking them up from the local pickup point in Romania where the Product is indicated as available on the Site or by delivering the Products to the addresses indicated by Customers, delivery being available only in certain areas of Romania, on which we may update from time to time and which will be announced on the Site. We reserve the right to limit the quantities of any Products or Services we offer. All Product descriptions or Product prices are subject to change at any time without notice, in our sole discretion, subject to the conditions in section 7 above. We reserve the right to withdraw any Product from sale at any time. Any offer for any product or service made on this Site is void if prohibited by law.
We do not warrant that at any time the quality of any Products, Services, information or other materials purchased or obtained by you through the use of the Site will meet your requirements or expectations or that any errors in the Service will be corrected immediately.
We reserve the right to refuse any Order you place on our Site. We may, under the conditions set forth in these Terms and Conditions, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or based on the same Customer account and / or Orders that use the same billing and / or delivery address. If we modify or cancel an Order, we will notify you by contacting you by email and / or billing address / phone number provided at the time the Order was placed.
Picking up the Products from the local pickup point or delivering the Products to the address indicated by the Buyer can be done only in the cities of Arad and Oradea in Romania, these being the delivery areas covered by Remarkt.
- PLACING AN ORDER THROUGH THE SITE
The products offered for sale through the Site will be those displayed on the date a Customer browses the Site, to the extent that the Product is in stock.
You do not need to have an account on the Site to place an Order. However, for Customers who have an account and want to place the Order in the account, they will first have to register in the account on the Site.
The Customer can select from the Products available on the date he browses the Site, which will be added to the Shopping Cart by a single click of the "Add to Cart" button, in the desired quantity, in compliance with the provisions established by these Terms and Conditions.
When a Product of the selected ones is not in stock, the Customer will be notified that the respective Product is not available and will have to be removed from the Order. We update stocks as often as possible, but this may not always be the case in real time, so information on the stock availability of the Products may need to be updated after you place an Order, including due to system errors. We assure you that we take all necessary measures to avoid such situations. If, however, such situations occur, we will contact you immediately at the contact details provided and inform you about the unavailability of the Products ordered. In this case, depending on your choice, we will offer you another similar product or cancel the Order (or part of the Order, respectively Unavailable Products, according to your option) and we will not process the payment / we will refund the payment made, if it is the case, immediately.
Throughout the selection of Products, the contents of the Shopping Cart can be viewed. Until the final placement of the Order, the Customer may return to the Cart to supplement, modify or cancel the Order. Until the end of the Order, adding a Product to the Shopping Cart does not mean registering an Order, so that Product will not be reserved either.
In order to place the Order it will be necessary to fill in a form that will contain the necessary information about the Buyer. Also, to the extent that the Customer chooses to deliver to an address indicated, the delivery address of the Order must be provided, in the event that the Customer has not already provided this information in the account created on the Site, or when he wants delivery to a address other than the one indicated in the Client's account, as well as if the Client places the order without having an account on the Site. The client undertakes to complete the form in good faith, providing real, accurate and correct information.
The placing of the Order can be done under the conditions of the acceptance by the Customer of the Terms and Conditions, this acceptance will be confirmed by checking by the Customer the corresponding box - "I have read and agree to the Terms and Conditions of the Remarkt site" before completion Orders.
The buyer will select the delivery method: (i) personal pickup from the local pickup point where the respective Product is indicated as available or (ii) delivery to the indicated address in the cities of Arad or Oradea. Before placing the Order, in order to verify if the delivery can be made to the desired address, the Buyer will have to indicate the postal code related to the delivery address in the dedicated section of the Site.
On the Order Placement page, the Buyer can check the order details, including the delivery date. The delivery time will not be longer than 30 calendar days from the time of placing the Order and concluding this contract.
If Remarkt considers that the delivery period will be exceeded, Remarkt will inform the Buyer and will be able to agree with him an extension of the delivery period with a certain deadline. If at the expiration of the agreed extended term, the Buyer will not receive the ordered Products, Remarkt will be able to cancel the Order, and will refund any amounts already paid by the Online Buyer. Amounts paid online will also be refunded by Remarkt if the Buyer cancels the Order due to Remarkt's non-compliance with the delivery obligation (if the Buyer does not agree to the extension of the delivery period or Remarkt does not deliver within the extended period).
When the Buyer picks up the Order from the local pickup point, the Buyer will present to the Remark representatives from that point the reference number of the Order and the confirmation of the Order. When picking up the Order, the Buyer will check the Products and make sure that they do not show visible defects, deficiencies, deficiencies or degradations and that the Products are the ones ordered (respectively the quantity, weight, type of Products, etc.). If such non-compliances are identified, they will be brought to the attention of Remarkt representatives and the solution to be followed will be decided. Once these Products have been picked up, the Buyer will be responsible for their preservation and storage, so that any non-conformities that were visible at the time of collection will not be able to be invoked after this time.
The points for personal collection of orders are those indicated on the Site, which the Buyer can choose when placing the Order. The buyer will be able to choose the date and time to pick up the Order from the pick-up point, the Order being available for pick-up on the selected day from the selected time until the end of the Remarkt store / warehouse program selected as the pick-up point. If the Buyer does not pick up the Order on the selected day, the Order placed will be canceled by Remarkt the next day. The Buyer will be notified by e-mail once his Order is available for pick-up, including the deadline for picking up the Order.
To the extent that the Buyer requests delivery to a delivery address, Remarkt employees will ensure the delivery of the Products ordered to the address indicated by the Buyer. If requested by the Remarkt employee who ensures the delivery, the Buyer will prove his identity and will communicate the reference number of the Order, as requested by him. If the Buyer is not available for receipt of the Order, it may be handed over to another adult at that delivery address, after it has communicated to the Remarkt employee who provides the delivery the reference number of the Order.
In the case of orders delivered by Remarkt employees, it is recommended that as soon as the Order is received, the Buyer verifies that the Products correspond quantitatively and qualitatively to the Products ordered, without this having to take place in the presence of the Remarkt representative.
After completing the necessary information and accepting the T&C, a web page will be opened dedicated to the selection and / or payment by the Buyer.
The buyer has the option to choose one of the 3 (three) payment methods of the Order: (i) online payment by bank card, (ii) payment in cash at the Remarkt location where the pickup will take place or on delivery to the address indicated and (iii) payment by card at the Remarkt location where the pick-up or delivery will be made at the indicated address.
Upon completion of the Order and validation of the payment method in accordance with these Terms and Conditions, an order confirmation email will be sent by Remarkt to the email address provided by the Buyer, including, but not limited to, the reference number of the Order, the value of the Order, the Products purchased, the type of transmission of the Products (personal pick-up or delivery) applicable and the method of payment. As soon as the Order is processed by Remarkt an e-mail will be sent informing the Buyer about the moment when the Order can be picked up from the pickup point (local pickup point) or the delivery time of the Order to the address indicated by the Buyer. .
Orders that have been completed can be modified / edited later, in which case the initial Order is canceled and the Products are returned to your Shopping Cart, and the desired changes can be made. If you have placed an Order and changed your mind, you can only cancel it before we have completed its preparation. You can check the status of the Order by accessing the link in the Order confirmation email. We have set this deadline as the preparation of the Order, the transport and the logistical aspects involve resources and costs for us. Remarkt will process your cancellation request and will notify you as soon as possible of the confirmation of the cancellation of the Order. Cancellation of an Order means that you will no longer owe the price of the Products in the canceled Order and they will no longer be available for pick-up / ready for delivery.
You can cancel an Order placed by contacting us at the phone number listed in section 28 - contact information. When the cancellation of the order becomes available directly from the Site, this option will be available in your Customer account.
Remarkt may refuse an Order placed, without any obligation to compensate the Buyer, if in the case of online payment or with the card at the point of collection / delivery: (i) the issuing bank does not accept the card used by the Buyer, (ii) the supplier of payment services used by Remarkt invalidates or refuses payment made by you or when the data provided by the Buyer is incomplete and incorrect and does not allow us to execute the Order (for example, you provided an incorrect delivery address / e-mail address or non-existent). In such a situation you will be notified in writing and you will be asked to remedy the impediments that prevent the execution of the Order, and if they are not remedied within the indicated period, the Order will be canceled. Remarkt will not be responsible for not picking up the Order due to the Customer not showing up on the date set for picking up or for not being able to deliver the Order due to errors in the delivery address indicated by the Buyer.
Ownership of the Ordered Products is transferred from Remarkt to the Buyer upon Remarkt's full collection of all costs incurred in placing the Order, including the price of the Products and, where applicable, the Delivery Fee. The order will be executed at the time of payment and picking up by the Buyer of the Products from the pickup point local. Delivery of the Order will be considered fulfilled by Remarkt at the time of delivery of the Products by the Remarkt representative designated for delivery, at the address indicated by the Buyer. The risk of loss or damage of the Products is transferred to the Buyer when he or a third party designated by him, other than the carrier, takes physical possession of the Products.
- PRICES AND METHOD OF PAYMENT
Purchasing the Products on our Site involves paying a price. The displayed prices are in LEI / RON, including all taxes applicable to the price (eg VAT) and any price reductions applicable on the date of placing the Order. The price of the Products will not include the Delivery Fee. In situations where the Buyer does not use a card that is in the payment currency of the price displayed on the Site, but also due to the fact that it is possible that the payment service provider and the card issuing bank are located in different states, it may be certain costs applicable to the Buyer as a result of foreign exchange or bank charges for such international transactions, as agreed between the card issuing bank and the Buyer. In such cases, Remarkt is not responsible for any such additional costs incurred by the Buyer, but this responsibility lies entirely with the Buyer.
Consequently, when you pay by card, if the amount debited from the Buyer's card in connection with a transaction or those that are refunded to the account are different from the final price displayed at the end of the Order or the amount confirmed by Remarkt to be refunded, the Buyer is asked contact the card issuing bank to find out about exchange fees and costs. If they do not provide you with useful information or other information is required, please contact us at the contact information indicated at the end of these T&C.
The selling price and per unit of measurement is displayed next to each Product, in accordance with the law. Any change in the applicable tax rates will be duly reflected in the price of the Product.
The final price paid by the Buyer is the one displayed in the Shopping Cart when placing the Order, according to those displayed on the Site. When the Buyer chooses delivery to an indicated address, the final price will include the Delivery Fee, which will be highlighted separately from the price of the Products.
The Buyer will also receive the tax receipt that will be issued for each Order and will accompany the Products for collection / delivery.
The buyer has the option to choose one of the 3 (three) payment methods of the Order: (i) online payment by bank card, (ii) payment in cash at the Remarkt location where the pickup will take place or on delivery to the address indicated and (iii) payment by card at the Remarkt location where the pick-up or delivery will be made at the indicated address.
To the extent that the Buyer opts for cash payment or payment by card, at the Remarkt location where the pickup will be made or delivered, the payment is considered made and completed at the time of payment of the total amount mentioned in the receipt to the representative. Remarkt indicated.
In the event that the Buyer opts for online payment by bank card, the Buyer will be automatically redirected to the secure server of the payment service provider called Stripe Payments Europe Ltd. which will process the online payment transactions. It is intended to protect payment method data as effectively as possible and to ensure that the Buyer's bank details are protected against any illegal disclosures, including to Remarkt. Thus, Remarkt does not assume any liability in relation to the payment method used, over which all legal, technical and operational responsibility lies with the payment service provider. Using this system allows you to increase the security of online transactions. The Buyer's data necessary to make the payment will be transmitted by him directly to Stripe Payments Europe Ltd. for the processing of the transaction. The buyer will be responsible for and will ensure that he provides Stripe Payments Europe Ltd. with all the information, permissions / agreements necessary for processing the payment, as requested by him. We reserve the right to change our payment service provider at any time, in which case we will update these T&C.
Remarkt will not access, store or save data related to your payment card.
- DELIVERY FEES
When the Buyer chooses to deliver the Order to an indicated address, the delivery fee charged by Remarkt will be 19,99 LEI / RON / Order. Delivery is not subject to a minimum total value of the Order. The delivery fee will be displayed at the time of placing each Order.
In certain situations where Remarkt will conduct specific promotional campaigns, delivery will be free for certain Orders, in accordance with the specific terms / regulations of the campaigns that will then be made available on the Site.
Remarkt will not charge any fee for the preparation of the Order for pickup point local pick-up by the Buyer.
- RETURN POLICY: WARRANTY AND RIGHT OF WITHDRAWAL
- RETURN FOR NON-CONFORMITIES
- RETURN FOR NON-CONFORMITIES
Depending on the Products purchased, Remarkt grants a guarantee in accordance with Law 449/2003 on the sale of products and the associated guarantees (with subsequent amendments and completions). If the Ordered Product proves not to comply with the specifications in our offer on the Site (from warranty statements or advertising on the Site), you may first request its return for repair or replacement, in both cases free of charge, with unless the measure is impossible or disproportionate, or in some cases even full reimbursement of the value of the Products. The product can be replaced with one of the same value or a higher value, by paying the difference by the Buyer. If the value of the Replacement Product is less, you will be able to receive a partial refund of the difference up to the value of the Replacement Product. Return and shipping costs (by courier or post) for the defective Product and the Replacement Product, if any, are borne by Remarkt. For the avoidance of doubt, Remarkt will not bear the transport costs (eg fuel, etc.) when the Customer decides to return the Products in person or through another person to the locations indicated by Remarkt for return.
If the Product is no longer available, it will either be replaced with a similar Product, at the Buyer's choice, or its value will be returned.
If the purchased Non-Food Products are non-functional, non-compliant or have manufacturing defects, existing at the time the Products were delivered, they will be repaired or replaced with a functional Product, depending on the possible and appropriate remedy, as soon as possible.
Remedy for deficiencies in Products or replacement of Products that have non-conformities, which are not attributable to the Buyer, within the warranty or validity period is made within a maximum of 15 calendar days from the time the Buyer delivered the Product to Remarkt have been physically delivered to the Buyer, or from the date Remarkt became aware of such deficiencies, for Products that have not been physically delivered on a material medium but delivered electronically and do not require inspection by Remarkt. For this, it is necessary to notify Remarkt in writing by the Buyer within a maximum of 2 (two) months from the date on which it found the non-functionality, non-compliance or defect, as long as the lack of conformity appeared within the warranty period. In case of replacement of the Product, the exact period in which the changed Product can reach you may vary depending on the location in Romania where you live and we will inform you in the confirmation e-mail about the delivery time.
Unless expressly stated in the Product offer, Remarkt offers the legal guarantee of conformity under the conditions and for the duration of that guarantee offered by the manufacturer. If repair or replacement is not possible, the Buyer may request a full refund of the value of the Products, and Remarkt will refund the value and termination of this contract, within a maximum of 7 (seven) calendar days of the Buyer's request, and in any case, after the return of the Products by the Buyer, in accordance with the law. If you use it for payment at your local Remarkt pickup point or when delivering tickets electronically (card), it may take longer depending on the ticket issuer's policy until your money is actually refunded to your card.
Remarkt's liability for the legal guarantee of conformity, as above, is incurred if the lack of conformity occurs within 2 (two) years, calculated from the delivery of the Product, unless the manufacturer offers a greater guarantee express for certain Products, when that warranty period will be applicable. For Products whose average duration of use is less than 2 (two) years, the previously provided period of 2 (two) years may be reduced to this duration, which will be indicated in the accompanying documentation for that Product.
After the expiration of the term of 2 (two) years, the Buyer may claim the remedy or replacement of the Products that cannot be used for the purpose for which they were made due to hidden defects occurred during the average duration of use, which will be indicated in the accompanying documentation. of the respective Product, in accordance with the law. Unless proven otherwise, non-compliance within 6 months of delivery of the Product is presumed to have existed at the time of delivery, unless the presumption is inconsistent with the nature of the Product or lack of conformity.
According to the law, the food products do not benefit from the guarantee regulated by Law no. 449/2003, mentioned above (of 2 (two) years or the one limited to the average duration of use).
In the case of Foodstuffs, Non-Foodstuffs for which the manufacturer sets a shelf life / date of minimum durability, which may affect the life or health of consumers or which deviate from the declared characteristics, Remarkt is obliged, at the consumer's request, to replace them immediately. , but not later than 15 calendar days from the date on which Remarkt became aware of those deficiencies (through the return of the Products or otherwise agreed with the consumer), to repair them or reimburse them.
The Buyer will be able to return the Products purchased from the Site in situations of non-compliance such as: the packaging is excessively damaged in a manner that makes it impossible to use the Product, the Products are defective or non-functional, the Products are different from those ordered.
In order to be returned, your Product must be unused and in the same condition in which you received it, except for Products that will be tested according to their destination to the extent necessary to determine their functionality or conformity.
To complete the return, we need the receipt or proof of purchase of the Products. For Products returned for non-conformities or deficiencies during the warranty period, it is not necessary to return the Product in the original packaging.
Please do not send the purchased product back to the manufacturer, but send it to the Remarkt address listed below in section 12.1.3. Dispatch.
After the Product returned by you has been received and inspected, we will inform you by sending an e-mail, or telephone, to confirm that we have received the Returned Product. We will also inform you about the possible and appropriate remedy that we will follow (repair or replacement), and if necessary, the approval or refusal to reimburse its value.
- repayment (when applicable)
If you receive approval, your refund will be processed and the amount will be refunded as soon as Remarkt notifies you of the refund.
If you made the payment online by bank card, we will refund the amount to the same bank account used to pay for the Order. If you made the payment by card at your local pickup point or delivery address, we will refund the money to the account used to make the payment with the help of our payment service provider. Also, when you have paid in cash at the Remarkt pickup location or delivery address, you will be able to request a refund of the amount paid either (i) in cash based on the receipt at the Remarkt location or (ii) in the account bank that you indicate to us when you return the Products. When requesting a cash refund, you will need to go to the location where you picked up the Products or to the location where the Products were shipped to you in case of delivery to the indicated address, in order to receive the refund, after receiving confirmation from Remarkt with regarding its availability.
If you have not yet received your refund, we recommend that you check your bank account again. Then contact the company that issued your credit card, the official registration of the refund may take some time to process. The next step is to contact your bank. Often, there is a certain processing period before a refund is recorded. If you have followed all these steps and have not yet received your refund, please contact us at the contact information at the end of this document.
To return your product, you must send it either by mail / courier or in person, to one of the following addresses: Arad: str. Calea Radnei, no. 298, Arad, Arad county, Romania or Oradea: Str. Suisului no. 10A, Oradea, Bihor county, Romania. Since Remarkt will bear the return costs, we recommend that you use the services of the express courier company we work with - FanCourier for courier delivery, as long as those services will be available in the area where you want to return the Product. Because we want to support our Customers, after informing us about the return decision for non-conformity of a Product, Remarkt will manage the formalities for picking up and transporting the Product through FanCourier (contacting the Customer, creating the AWB and sending it by e-mail). mail to the Client). Please print and attach to the package containing the respective AWB Product and communicate it to the courier who will come to pick up the package.
If you use other postal / courier services than the above, you will bear the return costs. However, if the courier services recommended by us are not available in your area, the costs of the postal / express courier service used for return will be borne by us.
You must send exactly the Products purchased, not being allowed to send other products, even if they are identical. The products will be returned to the Remarkt store where they were picked up by the Buyer or to the store in the county where the delivery address indicated by the Buyer is located.
To notify us of your decision to return a Nonconforming Product, you may use (but are not required to) the return form provided by Remarkt available in Appendix no. 1 of these Terms and Conditions or fill in directly the form available on the Site. Remarkt will inform you by e-mail about the receipt of the Product and the remedy that will be applied regarding it. To allow us to manage the return, please contact us before sending the Products to us.
To the extent that your request for repair / replacement is substantiated, Remarkt will bear the costs of delivery, repair, expertise or packaging for the return and repair / replacement of your Product.
- RIGHT OF WITHDRAWAL
This section 12.2. - The right of withdrawal is applicable to Buyers as consumers.
The purchase of Products through an Order placed on the Site determines the conclusion of a distance contract between Remarkt and the Buyer, under the conditions provided by these Terms and Conditions. As the Buyer is a consumer, he will benefit from the right of withdrawal from the distance contract. Thus, the consumer benefits from a period of 14 calendar days from the entry of the Buyer (or a third party indicated by him as the recipient of the Products, except carriers) in possession of the Products, to withdraw from the distance contract, without having to to justify the decision to withdraw. The Buyer will not bear any costs other than the direct costs related to the return of the Products, as well as the costs arising from the decrease in the value of the Products resulting from their handling, distinct from what is necessary to determine the nature, characteristics and operation of the Products.
Before the expiration of the 14-day withdrawal period, the consumer will inform Remarkt of his decision to withdraw from the contract by sending a written notice of withdrawal to the e-mail address: email@example.com or verbally at the local pickup point where you picked up the Products, indicating relevant details such as first and last name, consumer mailing address, telephone number, e-mail address, if applicable, Order reference number, Products with in respect of which it expresses its right of withdrawal, the date on which the Products were picked up from the pickup point or delivered to the address indicated, if this date is still available to the consumer and the date of the request. To exercise this right, you can use (but are not required to) the return form provided by Remarkt available in Appendix no.1 of these Terms and Conditions. You will also be able to complete and submit electronically from our Site www.remarkt.ro standard withdrawal form. If you use this option, we will send you, without delay, on a durable medium, for example by e-mail, the confirmation of receipt of the withdrawal request.
The transmission of this information will be accompanied or followed by the return of the Products purchased to Remarkt at the addresses indicated below or at the local pickup point from where you picked up the Products, within 14 calendar days from the time you you have communicated the decision to withdraw from the contract. The deadline will be met if the Products are returned before the expiration of the 14-day period. After receiving the returned Products, we will send you an e-mail informing you about their receipt and about the refund of the value of the Products. Also, please return the Products in the original packaging intact; If you do not do so, Remarkt will be able to process the return request, but the value of the Unreturned Product in the original packaging may decrease, which will be taken into account when determining the amount to be refunded according to the paragraph below. Returned products must not be damaged, show no signs of wear or tear, and the product label must not be removed. Otherwise, the Buyer will bear the costs caused by the decrease in the value of the Products caused by these aspects.
If you withdraw from the contract, Remarkt will reimburse any amount it has received from you in respect of the Products in respect of which you have exercised this right, including the costs of delivering the Products to you (if any), excluding additional costs. determined by the fact that you have chosen a delivery method other than the cheapest standard delivery type we offer (when a delivery type other than the standard one is available). The refund will take place without undue delay and in any case no later than 14 calendar days from the date we are informed of your decision to withdraw from this contract, and may postpone the refund until we receive the returned Products or a proof considered by us sufficient from the Buyer to show that the Products have been sent to us, being valid the nearest date. If you use it for payment at your local Remarkt pickup point or when delivering tickets electronically (card), it may take longer depending on the ticket issuer's policy until your money is actually refunded to your card.
If you made the payment online by bank card, we will refund the amount to the same bank account used to pay for the Order. If you made the payment by card at your local pick-up point or delivery address, we will refund your money to the account used to make the payment with the help of our payment service provider. Also, when you have paid in cash at the Remarkt pickup location or delivery address, you will be able to request a refund of the amount paid either (i) in cash based on the receipt at the Remarkt location or (ii) in the account bank that you indicate to us when you return the Products. When requesting a cash refund, you will need to go to the location where you picked up the Products or to the location where the Products were sent to you in case of delivery to the address indicated, to receive the refund, after receiving confirmation from Remarkt with regarding its availability. Remarkt has the right to refund the amounts paid less, so as to reflect any decrease in the value of the Products if it was caused by any causes other than what is necessary to determine the nature, characteristics and operation of the Products.
If you have not yet received your refund, first check your bank account again and then follow the instructions in section 12.1.2 above. - Refunds from these T&C.
In accordance with the provisions of article 16 of GEO no. 34/2014, the following categories of goods are exempted from the right of withdrawal:
- service contracts, after the full provision of the services, if the performance started with the prior express consent of the consumer and after he has confirmed that he has become aware that he will lose his right of withdrawal after the full performance of the contract by the professional;
- products whose price depends on financial market fluctuations which the professional cannot control and which may occur during the withdrawal period;
- the supply of products made to the specifications presented by the consumer or clearly customized;
- food or non-food products that are likely to deteriorate or expire rapidly, such as vegetables, fruits, bakery products, flowers, butchers (any type of meat, including fish or seafood), fresh food including milk and dairy products, eggs, gastronomy products (ready-to-eat food), frozen foods (these in case of thawing and transport in inappropriate conditions during the return may deteriorate rapidly), etc .;
- sealed products which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer, such as underwear, intimate or body care products, make-up products, tobacco products, beverage bottles alcoholic beverages that have been unsealed, etc .;
- the supply of products which, after delivery, are, according to their nature, inseparably mixed with other elements;
- alcoholic beverages whose price was agreed at the time of the conclusion of the contract of sale (these T&C), whose delivery cannot be made before 30 days and whose real value depends on market fluctuations that the professional cannot control;
- providing sealed audio or video recordings or sealed computer programs that have been unsealed after delivery, such as a CD or DVD, etc .;
- providing newspapers, periodicals and magazines, which are not provided on a subscription basis for the provision of such publications;
- the provision of digital content that is not delivered on a material medium, if the service began with the prior express consent of the consumer and after the consumer has confirmed that he has become aware that he will lose his right of withdrawal.
The consumer will bear the direct costs related to the return of the Products (transport of the products), their return can be done either by mail / courier or in person, at one of the following addresses: Arad: str. Calea Radnei, no. 298, Arad, Arad county, Romania or Oradea: Str. Suisului no. 10A, Oradea, Bihor county, Romania, after sending the return form from Annex no. 1, or other written or verbal information containing the data indicated above. The products will be returned to the Remarkt store where they were picked up by the Buyer or to the store in the county where the delivery address indicated by the Buyer is located. To complete the return, the consumer will provide the receipt or proof of purchase.
- OPTIONAL INSTRUMENTS
We may give you access through the Site to third-party tools that we do not monitor or have no control over or contribution to (for example, software that translates Site content into multiple languages).
You acknowledge and agree that we offer access to such tools "as is" and "as available", without warranties, representations or conditions of any kind and without any endorsement. We will have no liability arising out of or in connection with your use of optional third party tools.
Any use by you of the optional third party tools offered through the Site is entirely at your own risk and discretion.
We may also offer new services and / or features in the future through the Site (including the launch of new tools and resources). Those new features and / or services will also be subject to these Terms and Conditions.
- THIRD PARTY LINKS
Certain content, products and services available through the Site may include materials from third parties.
Third-party links on this Site may direct you to third-party sites that are not affiliated with us. We are not responsible for the examination or evaluation of the content or accuracy and we do not guarantee and have no responsibility or liability for third party materials or sites or for other third party materials, products or services.
We are not liable for any damages or losses related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third party sites. Please read the terms, policies and practices of third parties carefully and make sure you understand them before engaging in a transaction. Complaints, grievances or questions regarding third-party products should be directed to the third parties responsible for them.
- USER COMMENTS, FEEDBACKS AND OTHER SUBMISSIONS
If, at our request, you submit certain specific comments (e.g. contest entries) or without an express request from us, please send creative ideas, reviews, suggestions, proposals, plans or other materials, either online to the Site, by e-mail, post or otherwise (generically referred to as "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any medium a comment you have sent us, in compliance with applicable law. We do not and will not have the obligation (1) to keep the comments secret; (2) pay compensation or compensation for comments, or (3) respond to your comments.
We have the right, without obligation, to monitor, edit or remove content that we consider, in our sole discretion, to be illegal, offensive, threatening, defamatory, defamatory, immoral or otherwise objectionable or infringes our intellectual property or of another entity or these Terms and Conditions.
We guarantee that none of your comments will violate any third party rights, including copyright, trademarks, privacy and personal data protection, personality rights or other personal or proprietary rights. You also warrant that none of your comments will contain defamatory or illegal, abusive or obscene material or a computer virus or other malware that could affect the operation of the Site or any other associated site in any way. You may not use a fake email address, claim to be someone other than you really are, or otherwise mislead us or any third party as to the origin of the comments. Subject to these minimum conditions, however, you may choose a username for the comments you submit on our Site. You are solely responsible for the comments you make and for their accuracy. We have no responsibility or liability for comments posted by you or a third party, nor for the information provided in their content.
- WASTE COLLECTION OF ELECTRICAL AND ELECTRONIC EQUIPMENT
Electrical and electronic equipment (EEE) are those equipment dependent on electricity, such as vacuum cleaners, washing machines, refrigerators, microwave ovens, small kitchen appliances, televisions, audio and video equipment, mobile phones, printers and so on. of electrical and electronic equipment that you can purchase through the Site.
Waste electrical and electronic equipment (WEEE) is subject to a separate collection process for reuse, treatment, recovery and disposal under specific environmental conditions, separate from the collection of household or packaging waste. Thus, we want to inform you that you are also part of this effort to protect the environment, by paying the distinct cost specifically dedicated to the WEEE collection process.
We also come to your aid and are actively involved in the WEEE collection process, which is why we provide you free of charge with the possibility that, at your request, when purchasing a new EEE product from the Site, we will we take over WEEE, under the same conditions as the delivery of the new product, if the WEEE is of an equivalent type and fulfills the same functions as the new equipment provided.
Therefore, the delivery and recycling of WEEE supports and helps to protect and preserve the environment for the future, given that WEEE contains hazardous materials for the environment and human health, and the recovery of significant amounts of secondary raw materials to be recycled and reused view of limiting pollution in WEEE collection-recycling operations and increasing the efficiency in recovering materials resulting from recycling processes.
We also inform you of the possibility of disposing of waste portable batteries or accumulators at Remarkt points of sale. We encourage you to use special containers designed to collect these types of waste available to you free of charge, to help avoid the disposal of waste batteries and accumulators as unsorted municipal waste, in order to ensure environmental protection.
- PROCESSING OF PERSONAL DATA
- ERRORS, INACCURACIES AND OMISSIONS
Remarkt aims to offer you a pleasant experience when purchasing the Products on our Site. Occasionally, however, there may be information on the Site or in the Services provided, which may contain typographical errors, inaccuracies or omissions, which may relate to descriptions of Products, prices, promotions, offers, shipping charges for the Product, duration of delivery and availability. We will endeavor to correct errors, inaccuracies or omissions as soon as possible. We also reserve the right to change or update the information, at any time and as soon as necessary, without prior notice (including after placing your Order, but without such changes being applicable to you).
- PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its contents: (a) for any unlawful purpose; (b) to require other persons to perform or participate in illegal acts; (c) to infringe any applicable regulations, rules, laws or other legal provisions, (d) to infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code, which will be or may be used in any way that may affect the functionality or operation of the Service, the Site or an associated site, other sites, or of the internet; (h) to collect or track the personal information of others; (i) to spam, phishing, crawl or retrieve data; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or an associated site, other sites or the Internet. We reserve the right to terminate your use of the Site or an associated site for any violation of any prohibited use.
- WAIVER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or warrant that your use of our Service will always be uninterrupted, timely, secure or error-free, as such events may occur without being caused by us. We also do not warrant that the results that may be obtained from the use of the Service will always be accurate or reliable.
You agree that from time to time, we may terminate the Service for an indefinite period of time or cancel the Service at any time without notice for reasons beyond our control, such as without limitation the maintenance of the Site.
You expressly agree that your use or inability to use the Service is based on your risk. The Service and all Products and services delivered to you through the Service (except as expressly stated by us) are provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind. , express or implied, including all implied warranties or conditions of merchantability, merchantability, fitness for a particular purpose, durability, title and non-infringement. .
Remarkt undertakes to the Customers that, in the event of actual and proven actual damage caused, caused exclusively by Remarkt, to compensate the Customer within the value of the Products paid by the latter, in compliance with applicable law and the limitations allowed by This one.
Remarkt is not responsible for any errors or errors in displaying the prices or characteristics of the Products. The Site, its content, functions, Products and the information contained therein are provided on an "as is available" basis. Remarkt makes no warranty that the Services provided will comply with the wishes of the Customer, uninterrupted, on time and without errors or that the errors will be corrected in a timely manner or the results obtained from the use of the Products will comply with the wishes of the Customer. The customer must always take into account the characteristics and destination declared by the manufacturer of the products purchased. Remarkt will make reasonable efforts to ensure that the Services are uninterrupted, delivered on time, and errors corrected as soon as possible.
Remarkt is not responsible for online payment transactions, through banking or other payment instruments, nor for the collection of cash payments, when they are made by third parties, who are responsible for the correctness and security of the transactions performed.
Customers understand and agree that Remarkt, the parent company, its affiliates and successors, cannot be held liable for direct or indirect loss of profit, revenue, savings, business opportunities, customer or reputation, for any loss. data, for any other direct or indirect financial losses resulting from:
- Use, including misuse of the Site or the Services offered;
- Impossibility to use the Site;
- Use of the content of the Site, in particular basing decisions on the content of the Site;
- Virus attacks, DoS ("denial of service") attacks or attacks with and through other technologically harmful materials, which may affect work equipment, computer programs, data or any other material, due to the use of the Site or the downloading of content from the Site or from a link to which the Site refers; Although we make every effort to provide content that is as secure and secure as possible, it is the user's responsibility to ensure that they access only secure content and information.
- The content of the websites to which you find links on the Site;
- Unauthorized access to or alteration of the transmission of data, but in compliance with the legislation on personal data protection.
You agree to indemnify, defend and hold harmless Remarkt and its parent company, affiliates, partners, directors, administrators, agencies, contractors, licensors, service providers, subcontractors, suppliers, collaborators and employees from liability for any claim or claim. , including reasonable attorney's fees, incurred by any third party as a result of or resulting from your breach of these Terms and Conditions or the documents it incorporates by reference, or your breach of any law or rights of any third party in connection with the Site.
- INDEPENDENCE OF TERMS
If any provision of these Terms and Conditions is found to be illegal, void or unenforceable, that provision will be deemed to be excluded from these Terms and Conditions, without prejudice to the validity and enforceability of any remaining provisions.
- THE WHOLE AGREEMENT
The non-exercise or non-execution by Remarkt of any right provided by law or of any provision of these Terms and Conditions shall not constitute a waiver of that right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this Site, in communications submitted in connection with purchases made on the Site or in connection with the Service constitute the entire agreement and contractual agreement between you and Remarkt and govern your use of The Site, superseding any prior or current agreements, communications and proposals, oral or written, between you and Remarkt (including, but not limited to, any previous versions of the Terms and Conditions).
Ambiguities in the interpretation of these Terms and Conditions will not be interpreted against the party who drafted them.
The obligations and responsibilities of the parties assumed before the date of termination will survive after the termination of this contract to the extent permitted by law.
These Terms and Conditions take effect unless and when terminated and / or terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site by deleting your account from the Site.
If, in our exclusive opinion, you do not comply or suspect that you have not complied with any term or provision of these Terms and Conditions, we may also terminate this agreement at any time without notice and you will be liable for all amounts due by on and including the date of termination, and / or accordingly, we may deny you access to our Services (or any part thereof).
This contract may be terminated by you exercising your right of withdrawal in accordance with section 12.2. above, given your quality as a consumer.
- APPLICABLE LAW AND DISPUTE SETTLEMENT
These Terms and Conditions and any separate agreements, expressly notified, by which we provide the Services are governed by and construed in accordance with the laws of Romania. For Customers who are consumers within the meaning of the applicable law in Romania (ie individuals who act for purposes outside their commercial, industrial or production activity, artisanal or liberal) and who are located in other Member States of the European Union from where it can be used and to whom our Site, the Romanian law and these T&C are intended will be applicable without depriving the respective consumer of the protection granted to him by provisions from which he cannot derogate by convention from the law of the state in which he has his habitual residence.
To the extent that you use these Services and purchase Products on the Site from another Member State of the European Union, under the above conditions, we mention that the Products may be delivered exclusively in Romania, under the conditions and in compliance with the restrictions provided by them. Terms and conditions.
Any potential disputes between us and Customers / Buyers will be resolved by the competent courts in Romania.
- CHANGES TO THE TERMS AND CONDITIONS
You can view the latest version of the Terms and Conditions at any time on this page.
We reserve the right, in our sole discretion, to update, modify or replace any part of these Terms and Conditions, by posting updates and modifications on our Site, but without the obligation to expressly inform you and individually those changes. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site after posting any changes to these Terms and Conditions constitutes your acceptance of those changes. However, those changes will not apply to Orders already placed by you until the date of implementation of the T&C change. You may save a copy of these T&Cs valid on the date you place your Order, or you may request a copy of them from us, which we will send to your email address.
- EXPRESS ACCEPTANCE
The customer declares that he has read and accepted and agrees with the following clauses of these Terms and Conditions: section 5 - accuracy, completeness and timeliness of information, section 6 - creation of the account on the Site, section 7 - changes to the Service and prices, section 8 - Products or Services, section 13 - optional tools, section 1414 - third party links, section 1515 - user comments, feedbacks and other references, section 1818 - errors, inaccuracies and omissions, section 1919 - uses prohibited, section 2020 - waiver of guarantees; limitation of liability, section 2525 - applicable law.
- CONTACT INFORMATION
Questions regarding these Terms and Conditions should be sent to the e-mail address: firstname.lastname@example.org or at the postal address Str. Moliere no. 12-14, floor 1, apartment 3, Sector 1, Bucharest, Romania or at the telephone number 0374342444. In case of any complaint addressed in writing to the contact details indicated above, related to these Terms and Conditions or the use of the Site or of the Orders placed, we will make every effort to respond to you as soon as possible, through the same communication channel through which you contacted us, or through another indicated by you. You may notify us of the same contact details and of any activities that appear to be illegal or non-compliant that you notify us of our Site and the activities of users.
The last update of these T&C took place on November 11, 2020.