TERMS AND CONDITIONS OF SALE AND USE

BY USING THE SITE YOU AGREE TO THE TERMS AND CONDITIONS BELOW.

The general terms and conditions apply to all sales of products by S.C. SECPRAL PRO INSTALATEII S.R.L through the virtual store https://spishop.ro/ to the Buyer and can be modified by the Seller without prior notification. The changes will be displayed on this page with immediate applicability, and the use of the site by the Buyer means their implicit acceptance. The following terms shall mean:

DEFINITIONS

Buyer - any natural or legal person or any other legal entity that places an Order;

User - any person who accesses the Site;

Seller or SPI – Societatea SECPRAL PRO INSTALATEI S.R.L., Romanian legal entity, with registered office in Cluj-Napoca, Str. Vlad Tepes, No. 2, no. of registration at the Trade Register: J12/140/98, tax identification code RO 10166281.

Products and Services - any product or service, including the documents and services mentioned in the Order, to be provided by the Seller to the Buyer.

Site – the online store hosted at the web address https://spishop.ro/ and its subdomains.

Order - an electronic document that acts as a form of communication between the Seller and the Buyer, through which the Buyer conveys to the Seller, through the Website, his intention to purchase Goods and Services from him, agreeing to receive and pay for them , and through which the Seller agrees to deliver the ordered Goods and Services.

Contract – an Order confirmed by the Seller, representing the contract concluded at a distance between the Seller and the Buyer, without their simultaneous presence;

The moment of conclusion of the Contract – The moment of conclusion of the Contract is that of the confirmation of the order by the Seller.

Intellectual property rights (hereinafter IPR) - all intangible rights such as know-how, copyright and copyright, database rights, design rights, model rights, patents, trademarks and domain name registrations for any of the above.

Specifications - all the specifications and/or descriptions of the Goods and Services as specified in the Order.

CONTRACTUAL DOCUMENTS

By placing an electronic or telephone order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its operations. Placing an order implies the acceptance of the following acts/documents, in the following order of priority:

The order and its specific conditions

Buyer's Specifications (where applicable)

Terms and conditions

The contract between the parties is considered concluded only after confirmation of the Order by the Seller.

The acceptance of the order by the Seller takes place when he issues an electronic confirmation (e-mail), accompanied by the proforma invoice containing the ordered products, respectively the value of any transport services, without the need for a confirmation of receipt from the Buyer.

Any Order not confirmed by the Seller will not be considered by him as having the value of a Contract. Confirmation of the order by the Seller implies his acceptance of the terms of the Order.

The general terms and conditions of sale and use will form the basis of the Contract thus concluded, in addition to them being the Warranty Certificate issued by the Seller.

EXTENSION OF THE SELLER'S OBLIGATIONS

The information presented on the Site is informative and may be modified by the Seller, without prior notice.

In the event of errors in the presentation of the information presented on the Site, we apologize in advance and thank you for identifying them. Due to considerations related to space and the coherence of the information structure, product descriptions may be incomplete, but the Seller makes efforts to present the most relevant information, so that the product is used within the parameters for which it was purchased, and makes considerable efforts to minimize all mistakes which may appear from the electronic or manual editing of the information presented.

Communication with the Seller's store - can be done by interacting with it, posting opinions about the products or communicating through the addresses mentioned in the "contact" section. Addresses that contain insults or inappropriate language will be excluded from the site.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)

The name of the site as well as all the materials that make it up (including but not limited to logos, images, text or any kind of content), belong to SPI, regardless of the method of acquisition - direct or indirect / through licensing.

No person has the right to copy, distribute, publish, transfer, modify or use in any way the elements mentioned above, except with the prior and written consent of SPI.

Any use of the Site's content for purposes other than those expressly permitted by this act or by the user agreement issued by SPI, if it exists, is prohibited.

PRICE AND AVAILABILITY OF THE PRODUCTS

The prices of the products presented on the Site can be changed without prior communication.

The prices of the products sold by SPI are expressed in EUR or RON. The conversion of prices from EUR to RON is done daily, at the ING BANK interbank rate of the respective day, rate communicated at 10.30 am and displayed on the website.

The availability (here, refers to the general stock, throughout the country) of a Product will be displayed on the site as follows:

"Available" - We have at least 10 pieces of the respective Product in stock
"Reduced stock" – We have between 1 and 10 pieces of the respective Product in stock

"Stock 0" - The product is not available in the SPI stock, one of our sales assistants will check the availability of the product in the supplier's stock and will contact you to inform you of the availability of the Product.

The Offers and Products presented on the Site can be confirmed by the Seller within the limit of available stock. To the extent that a product does not exist in stock, if the stock is limited or if for any reason, delivery or delivery to the Buyer cannot be ensured, the Seller may refuse the order.

BILLING - PAYMENTS

The price and payment method requested by the Buyer will be specified in the Order. At the time of delivery, the Seller will issue an invoice to the Buyer for the Products and Services ordered, the Buyer having the obligation to provide all the information necessary to issue the invoice in accordance with the legislation in force.

In case of payment by bank transfer, with payment order:

After placing the order, you will receive an e-mail confirming the registration of your order and an e-mail with the necessary payment details. After confirmation of the availability of the product/products ordered by our sales assistant, respectively confirmation and acceptance by you of the possible costs related to the delivery of the products, please pay the counter value of the products, transport services by bank transfer (payment order). The amounts are considered paid when the SPI account is credited with their counter value.

Data required to complete the payment order:

SECPRAL PRO INSTALLATII S.R.L.

No. Reg. Com.: J12/140/98

Fiscal code: RO10166281

IBAN account: RO34INGB0003008193958912

Bank: ING Bank, Cluj-Napoca

When completing the payment order, please specify your order number (mentioned in the order confirmation) and, if applicable, the number of the proforma invoice for transport.

Cash payment when picking up the product from the SPI warehouse chosen by the Buyer - after confirming the stock availability of the product ordered by you, at the chosen warehouse, you will be able to pay its value in cash at the warehouse cashier. According to the legal provisions in force (LAW no. 70/ 02.04.2015), the maximum amount that can be paid in cash is 5,000 lei for legal entities, respectively 10,000 lei for natural persons. The product count cannot be split into several payments.

Payment by bank card when picking up the product from the warehouse chosen by the Buyer - after confirming the availability in stock of the product ordered by you, at the chosen warehouse, you will be able to pay its value by bank card at the cashier of the warehouse. Bank cards accepted for payment are those issued under the Visa or Mastercard logo.

Payment with payment instruments (promissory note, CEC tab) - this payment method is applicable only to legal entities that have concluded a commercial contract with the Seller.

PICKUP/ DELIVERY OF ORDERED PRODUCTS

Depending on the location of the products and the Buyer's address, the delivery time may vary between 24 hours and 10 working days. Rarely, however, it can exceed 10 days.

If the delivery deadlines of the Order cannot be met, the Seller is obliged to notify the Buyer of the estimated deadline for completion of the delivery.

If the Seller receives erroneous information related to the invoicing or delivery of the products, a new deadline for honoring the order will be established.

The delivery term is calculated starting from the moment of telephone confirmation of the Order or, in the case of orders paid by bank transfer (payment order), from the moment of receipt of the counter value of the products.

The delivery methods that the Seller offers are:

Picking up Products from SPI warehouses;

Delivery of Products by SPI means of transport;

Experiencing the Products by courier.

For products ordered from SPI warehouses in: Chiajna, Cluj-Napoca, Craiova, Roman, Sibiu, Timisoara, they can be picked up after the Buyer has been notified by the operator regarding the availability of the product in stock (by email or phone call) . Since it is possible that the ordered product(s) are available in a different warehouse than the one chosen by you, the term in which the chosen product can be picked up may vary between 1 and 10 working days.

Products can be picked up from Monday to Friday, between 8:30 and 17:00, except for Public Holidays. Any changes to the work schedule will be announced on the website's contact page. The Seller's staff will provide all the necessary assistance for loading the products.

The delivery of the products ordered with SPI's own means of transport can be done for the products ordered in the transport areas covered by SPI. Delivery is made to the address/headquarters or to the nearest access point to the address/headquarters of the Buyer.

For objective reasons, we cannot guarantee the delivery of the products within the time interval requested by the Buyer. Establishing the delivery details will be done by phone together with the delivery teams. It is the responsibility of the Buyer to ensure the necessary conditions for the safe unloading of the products.

For orders with a value of at least 1,000 lei including VAT, delivery will be free in the localities where there are SPI warehouses (Cluj-Napoca, Chiajna (Bucharest), Sibiu, Timisoara, Craiova and Roman), as well as in neighboring ones.

In the event that the ordered products are requested to be delivered via SPI means of transport in other locations than those where there are SPI warehouses, or if the value of the order is less than 1,000 lei including VAT, SPI will send the Buyer a written notification by e-mail , regarding the cost of the transport service, which the Buyer will confirm in writing. The cost of the transport service will be paid in advance, and the delivery of the products will be made only after the collection of the cost of the transport service and the cost of the products.

The shipment of the products ordered by courier services will be made only after the receipt of the counter value of the ordered products. SPI does not accept cash on delivery for products. Our sales assistant will notify the Buyer in writing of the cost of the shipment, depending on the chosen courier service, based on the information available on the chosen courier's website.

In the absence of a contrary agreement between the parties, the Seller is released from any risks related to the ordered Product at the time of its delivery to the courier company chosen by the Buyer or to the Buyer's representative.

Any specific data regarding the situation and condition of the products can be obtained by contacting us online or by email / phone, at the coordinates included in this website.

The seller will deliver the products in the manufacturer's original packaging, specific to each Product, and will ensure the transmission of the accompanying documents.

The Seller will deliver the Products and Services offered by any of the methods provided above, only on the territory of Romania.

The delivery is certified by the signature of receipt of the transport document provided by the courier or the signature of receipt of the tax invoice in the case of deliveries made by the Seller's staff or personal collection by the Buyer of the products from the Seller's warehouse.

Proper delivery is the responsibility of the courier.

The ownership of the Products is transferred from the Seller to the Buyer at the time of their delivery, at the location established by the parties and only after payment of their consideration and their transportation.

GUARANTEES

All products sold by SPI benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers. The products are new, in the original packaging and come from sources authorized by each individual manufacturer.

In the case of products sold by SPI, the warranty certificates are issued directly by the Seller or by its suppliers. In the case of the purchased products, you will receive a warranty certificate upon delivery for each product that benefits from the warranty together with a list containing the details of the authorized service companies that provide interventions and repairs during the warranty period (this list will only be provided for power plant purchases on gas, on solid fuel, respectively power plants).

The product claimed to be defective during the warranty period must be reported to the nearest service company (if applicable) or directly to the Seller. The conditions, the warranty period, the rights of the consumer and the method of ensuring the warranty and solving any defects covered by the warranty, can be found in the product's warranty certificate.

The lack of the product's warranty certificate must be reported within 48 hours of receipt of the goods at contact@secpralpro.ro.

RETURN OF PRODUCTS

The buyer who is a consumer within the meaning of GEO no. 34/2014, has the right to withdraw from the Contract, respectively to return a Product or to give up a Service, within 14 calendar days, without invoking any reason and without incurring other costs than delivery.

According to GEO no. 34/2014, the period for returning a Product or renouncing a Service expires within 14 days from:

the date of conclusion of the contract, in the case of service contracts;

the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the products, in the case of sales contracts, or:

if the consumer orders through a single order multiple products that will be delivered separately, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes possession of the last product;

in the case of the delivery of a product consisting of several lots or parts, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the last product or part;

in the case of contracts for the periodic delivery of products over a fixed period of time, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the first product; the day the Buyer takes physical possession of the Product.

If the consumer requests withdrawal from the Contract, the Seller reimburses all the amounts received as payment from him, including, as the case may be, delivery costs, within 14 days from the date on which he is informed of the withdrawal decision from the consumer's contract, but not earlier than the date on which the Seller receives the products returned by the buyer.

The provisions of this chapter apply only to natural persons who have the status of consumers within the meaning of GEO no. 34/2014.

LIABILITY and APPLICABLE LAW

The Seller cannot be held responsible for damages of any kind that the Buyer or any third party will suffer as a result of the Seller fulfilling any of its obligations under the Order and for damages resulting from the use of the Products and Services after delivery and in particular for product loss.

None of the parties will be responsible for non-performance of its contractual obligations, if such non-performance is due to a force majeure event. Force majeure is any external, unpredictable, absolutely invincible and unavoidable event.

If, within 15 days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the contract without any of them being able to claim other damages-interests from the other.

The contract is subject to Romanian law. Any misunderstandings between the Seller and the Buyer will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts.

MISCELLANEOUS PROVISIONS

The parties to the contract will be considered independent contractors and none of the parties is granted the right or authority to assume or create any obligation on account or to the detriment of the other.

The present terms and conditions apply subsidiarily, only in situations where there are no agreements or contractual provisions to the contrary between the parties.

USE OF THE SITE

The use of the site's services that give you the opportunity to publish personal opinions (comments, blogs, etc., to the extent that they are active) implies on your part a commitment to use a civilized language. It goes without saying that racist, xenophobic comments, insults to other readers, obscenities, etc. are prohibited and automatically lead to the non-publication of the text in question. You also accept that the publication of your comments is not instantaneous, but subsequent to an approval procedure.

The seller cannot be held responsible for any kind of damages, regardless of their nature, as a result of using the site and the services offered through it, or as a result of the impossibility of using them. Although he makes every effort in this regard, the Seller does not guarantee that the operation of the website and servers will be uninterrupted and error-free, that the use of the website is risk-free (viruses, other elements or actions that can cause damage, specific to the Internet and digital technologies, including the violation of information security), that the information provided through the site is correct and up-to-date (including the availability of the products presented on the site).

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