Please read our conditions carefully before placing an order. By using this website and placing online orders you agree to the terms and conditions mentioned below. Before placing an order, in case you have questions please submit them in writing at the following address: info@casiplast.ro
TERMS AND CONDITIONS
1.General Information
1.1. These terms are valid for the commercial business undergone by: CASI PLAST IMPEX S.R.L
Address: No 2 Street, no. 37, Afumati, Ilfov County.
Registration number: J23/1394/2009, CUI: RO17700971
Social capital: 1.382.000 lei
Hereinafter referred to as
“CASI PLAST IMPEX SRL” and “Customer” and/or “User” – natural person who places
an order using the website platform www.casiplast.ro or
by other methods clearly indicated in this contract and acquires the products
marketed by CASI PLAST IMPEX SRL.
1.2. These constitute the
framework for the contractual relations between the parties, of which the
customer got knowledge through reading and accepting them on placing the order
or registering as user on the website www.casiplast.ro and is only valid for the natural persons and not for the
legal ones.
1.3. If the parties have
concluded a contract containing specific terms, that contract shall prevail,
while these terms shall complement that contract save as otherwise provided in
the contract, which shall be implemented as a matter of priority and is not
valid for legal persons. If a legal person desires to be issued an invoice,
then another contract shall be drawn up and the terms and conditions shall be
discussed.
1.3. The entire communication shall be carried out by fax or e-mail. Telephones are not to be taken into consideration.
2.Definitions
2.1. The following terms shall have in this contract the meanings indicated below:
a. WEBSITE / DOMAIN – all
the information on the WEBSITE that may be visited, visualized or otherwise
accessed by using a computer;
b. CONTENT - the content
of the website as well as of any newsletter or e-mail sent to its USERS or
CUSTOMERS by CASI PLAST IMPEX SRL by electronic means and/or any other means of
communication available, as well as any other information sent by any means by
an employee of our company to the USER or CUSTOMER, based on the contacting
information he had mentioned or not; information concerning our products,
services and/or prices practiced by CASI PLAST IMPEX SRL in a certain period of
time;
c. SERVICE – the
electronic commerce service carried out exclusively in the WEBSITE areas
available to the public, as meaning that the CUSTOMER is being given the
opportunity to contract products and/or services using electronic means, but
also by other means of distance communication (such as on the phone).
d. USER – The natural or
legal person, whether governed by public or by private law, having or gaining
access to the CONTENT by any means of communication (electronic, on the phone,
etc.) or based on a usage agreement between him and CASI PLAST IMPEX SRL;
e. ACCOUNT – the set of an
e-mail address and a password allowing a single USER access to restricted areas
of the WEBSITE rendering access to the SERVICE.
f. CUSTOMER – The natural
person whether governed by public or by private law, having or gaining access
to the CONTENT or SERVICE, by any means (electronic, on the phone, etc) or
based on a usage agreement between him and CASI PLAST IMPEX SRL , benefiting
from the products and/or services offered by CASI PLAST IMPEX SRL and acquired
by him via the SERVICE;
g. CONSUMER – any natural
person or group of persons forming associations, acting outside their
commercial, industrial or production, handcrafted or liberal activities;
h. DOCUMENT – this
document entitled Sale and Purchase Terms and Conditions;
i. NEWSLETTER – the way of
providing information on a periodical basis, only by electronic means, on the products,
services and/or promotions practiced by CASI PLAST IMPEX SRL in a certain
period of time, CASI PLAST IMPEX SRL undertaking no commitments regarding the
information contained;
j. TRANSACTION – receiving
or reimbursing payments resulted from selling a product / service by CASI PLAST
IMPEX SRL to the Customer no matter the method of delivery used;
k. DISTANCE CONTRACT – the
contract for the delivery of products or services concluded between CASI PLAST
IMPEX SRL and a customer acting as natural person, as part of the selling
system organized by CASI PLAST IMPEX SRL, using exclusively, before and on
signing this contract one or more distance communication techniques.
3.Object of the Contract
3.1. The object of the contract refers to the marketing of CASI PLAST IMPEX SRL products, based on its commercial offer between natural persons and DENIS SRL Company.
3.2. These commercial
terms are applicable to all the distance operations for the selling /
purchasing of goods and which use the methods indicated in this Document
concluded between natural persons and our company.
3.3. This Document sets
the terms and conditions of use of the website / content / service by the user
or customer, in case he had not concluded with CASI PLAST IMPEX SRL another
distinct contract, which will have priority.
3.4. When signing in, each
User is bound to read these terms. Only those who have expressly consented to
these terms may acquire the statute of Users and/or Customers of CASI PLAST
IMPEX SRL.
4.General Conditions of Using the Website/Service
4.1. The access to the SERVICE is made exclusively by accessing the public website www.casiplast.ro
4.2. Using, including but
not limited to accessing, visiting and visualizing the content/service implies
the user or customer’s adherence to these terms and conditions, except for the
case in which the content does not include conditions of use expressed
separately.
4.3. By using the
website/content/service, the User or Customer becomes the only responsible for
all the activities entailed. He shall also be responsible for the material
damage or of any other kind caused to the website, content, service, CASI PLAST
IMPEX SRL or to any third party with which CASI PLAST IMPEX SRL has concluded
contracts, in accordance with the Romanian law in force.
4.4. If the User or
Customer does not agree and/or does not accept and/or withdraws the approval
given on the document:
4.4.1. He then renounces:
the access to the service, other services offered by CASI PLAST IMPEX SRL
through the website, receiving newsletters and/or information of any kind from CASI
PLAST IMPEX SRL (electronic, on the phone, etc), without any subsequent
guarantee from CASI PLAST IMPEX SRL.
4.4.2. CASI PLAST IMPEX
SRL shall erase all the data related to this from its database, without either
party bearing an obligation towards the other or without either party being
able to claim the other one damages.
4.5. The Customer / User may at anytime
reverse his decision already taken on agreeing and/or accepting the document,
in the form in which such data is available at that particular time.
4.6. In order to exercise
his right laid down in Article 4.4 and/or 4.5, he can contact CASI PLAST IMPEX
SRL or use the links provided for in the content received from CASI PLAST IMPEX
SRL intended to this purpose.
4.7. The Customer cannot
revoke the agreement expressed in favor of the document during the execution of
a Contract, or not until he paid the equivalent of all the Contracts still outstanding
related to CASI PLAST IMPEX SRL.
4.8. If the Customer
already paid the equivalent value of all the outstanding Contracts related to CASI
PLAST IMPEX SRL and he revokes his agreement expressed in favor of the document
during the execution of an Order, then CASI PLAST IMPEX SRL shall cancel his
Order without either party bearing an obligation towards the other or without
either party being able to claim the other one damages.
4.9. CASI PLAST IMPEX SRL
reserves the right to modify or interrupt, temporarily or permanently,
partially or totally, the services made available via this Website, with or
without prior notification.
4.10. CASI PLAST IMPEX SRL
is not responsible to the Users or any third party, person, entity or
institution for the amendment, suspension or interruption of the services made
available via the Website.
4.11. CASI PLAST IMPEX SRL
may change at any time the content and the conditions of use of the Website.
The new conditions become valid starting from the moment they have been made public
by registering on the Website, without retrospective effect.
4.12. CASI PLAST IMPEX SRL
reserves the right to make any kind of modifications to these provisions, as
well as any amendments to this Website/its structure/services provided,
including changes that may affect the Website and/or any part of the content of
the Website without prior notification to the Users.
4.13. CASI PLAST IMPEX SRL
reserves the right to introduce advertising materials of any kind and/or links
on any page of the Website, in accordance with the legislation in force.
5.Content
5.1. The information/image-based content presented on the CASI PLAST IMPEX SRL website is the intellectual property of CASI PLAST IMPEX SRL.
5.2. The Customer/User is
not allowed to copy, transfer, modify and/or otherwise change, use, attach to,
expose, include any content to any other context than the original one intended
by CASI PLAST IMPEX SRL, use the content or any other of its parts outside the CASI
PLAST IMPEX SRL website, remove the sign indicating CASI PLAST IMPEX SRL
copyright over the content or take part to the transfer, sell, distribution of
materials resulting from the reproduction, modification or exposure of the
content, except with the express consent of CASI PLAST IMPEX SRL.
5.3. Any content to which
the User or Customer has and/or gains access by any means is bound by the terms
of this Document, if the content is not accompanied by a specific valid
agreement of use concluded between him and CASI PLAST IMPEX SRL, and without
any guarantee implicitly or explicitly expressed by CASI PLAST IMPEX SRL
regarding this content.
5.4. The Customer/User may
copy, transfer and/or use the content only for private and non-commercial
purposes, and only if they do not conflict with other provisions in the
document.
5.5. If CASI PLAST IMPEX
SRL gives the Customer/User the right to use a certain content in the form
described in a separate agreement of use, to which the User has or gains access
based on this agreement, this right shall extend only over that or those parts
of the content defined in the agreement, only during the existence of the
content(s) on the website or during the period of time defined in the
agreement, in accordance with the conditions specified, if there are any, and
it does not represent a contractual commitment made by CASI PLAST IMPEX SRL for
that User, Customer or a third party who has/gains access to this content
transferred, by any means, and who is or could be affected in any way by this
content, during or after this agreement of use has expired.
5.6. The contents sent to
the User or Customer, by any means of communication (electronic, on the phone,
etc) or acquired by accessing, visiting and/or visualizing do not represent a
contractual obligation from CASI PLAST IMPEX SRL and/or a CASI PLAST IMPEX SRL
employee who interfered in the content transfer, if there is one, regarding
that content.
5.7. Any use of the
content for other purposes than those expressly permitted through the document
or the Usage agreement attached to it, if there is one, is forbidden.
6.Contact Data
6.1. CASI PLAST IMPEX SRL publishes on the website its complete and correct data of identification and contact needed by the Customer or User.
6.2. By using the contact
form or the service available on the website, the User or the Customer
authorizes CASI PLAST IMPEX SRL to contact him by any means available including
electronic means, but the communication regarding the orders is conducted only
through fax or e-mail.
6.3. The partial or
complete filling in of the contact form and its sending does not mean that CASI
PLAST IMPEX SRL made any kind of commitment to contact the User or Customer.
6.4. Accessing the
website, using the information presented, visiting the pages and sending
e-mails or notifications to CASI PLAST IMPEX SRL is conducted electronically,
via telephone or using any other means of communication to which the User or
Customer and CASI PLAST IMPEX SRL have access, the User/Customer agreeing
therefore to receive the notifications from CASI PLAST IMPEX SRL electronically
and/or via telephone, including communications by e-mail or by notices
published on the website.
6.5. CASI PLAST IMPEX SRL
reserves the right to fail to answer to all the requests of any kind, received
by any means of communication (electronic, on the phone, etc).
7.Online Selling Policy
7.1. In order to be allowed the access to the service, the User has to agree to the provisions in the document.
7.2. Access to the service
is permitted to any User.
7.3. The User is fully
responsible for the protection of confidentiality of the password associated
with the access to his account.
7.4. Each User shall refer
the matter to CASI PLAST IMPEX SRL regarding any unauthorized use of his
password and his registration. ANAN CORI shall not be made responsible for any
moral or material damage produced as a consequence of the Users’ non-compliance
to this provision. If it is determined that other persons have used a User
account then CASI PLAST IMPEX SRL reserves the right to suspend or deactivate
that account and refuse all on-going or future attempts to use the Database.
7.5. CASI PLAST IMPEX SRL
reserves the right to limit the User/Customer access to the service, based on
his behavior towards CASI PLAST IMPEX SRL, as well as when the user uses on the
website or in his communication with CASI PLAST IMPEX SRL an inadequate
language or produces a material or image prejudice to CASI PLAST IMPEX SRL or
its partners.
7.6. It is forbidden to
share an account between more customers. If such a situation is discovered,
then CASI PLAST IMPEX SRL reserves the right to cancel or suspend the
customer’s access to the content or service. In this situation, the
customer/customers jointly using the same account shall not benefit anymore of
the special offers provided by CASI PLAST IMPEX SRL.
7.7. If a customer placed
an order that he did collect or cancelled it, then CASI PLAST IMPEX SRL
reserves the right to block the customer’s account, without prior notification.
8.Products Marketed
8.1. The products marketed via the website www.casiplast.ro are new, in the CASI PLAST IMPEX SRL package and on delivery they are accompanied by the invoice, according to the legislation in force. The products and services are sold with full regard and respect of the provisions set in this document and limited to the available stock on hand. For this reason, CASI PLAST IMPEX SRL reserves the right not to honor a certain order if that product is not to be found anymore in the current offer of CASI PLAST IMPEX SRL or if other problems interfere and prevent CASI PLAST IMPEX SRL to honor the order.
8.2. The prices of the
products presented do not include the VAT and also the delivery costs only for
those addresses on the Romanian territory and only if the total amount of one
order/ package is a minimum of 1.000 RON.
8.3. The purchase price
printed on the invoice is the same as the price published on the website and
set by the CASI PLAST IMPEX SRL customer advisor on confirming the order as a
firm order.
8.4. CASI PLAST IMPEX SRL
does not offer any guarantee, except for the ones provided in the applicable
law in what concerns, including but without limitation to, the Website
operation, information, accuracy of descriptions, content update, products on
the website and their matching for a particular purpose. The users expressly
agree that using this website and buying the products and services takes place
at their own risk, the only derogation being the obligation of CASI PLAST IMPEX
SRL to give the users the right to unilaterally denounce the contract pursuant
to the legislation in force, which right is described in detail in this
document.
8.5. The images published
on the website are given as example, and the products delivered may differ from
the images presented in any way (color, accessories, aspect, finish, etc.).
9.Validity of Prices and Special/Promotional Offers
9.1. CASI PLAST IMPEX SRL reserves the right to change the price lists practiced for the products and/or services available on the website without prior notification of the User or Customer.
9.2. The acquisition price
of the products and services is the one from the time the order was placed,
limited to the available stock on hand.
9.3. The acquisition price
of the promotional products and services is the one from the time the order was
placed, limited to the available stock on hand and/or of the promotional period
of time, if it is definitive.
9.4. The acquisition price
of the products and services which are part of an already issued order cannot
be changed after its issue except with the consent of the parties.
9.5. The acquisition price
of the products and/or services from an honored contract cannot be changed.
9.6. The Customer may
renounce the products and services purchased by order, only in the time elapsed
between the issue of the order and its conversion into contract, and only if
the method of payment chosen is on delivery.
9.7. The Customer may
renounce the products and/or services purchased by contract, in accordance with
the regulations in force.
10.Online Orders
10.1. The Customer may place orders on the website for the marketed products at any given time.
10.2. By completing the
order, the Customer agrees that all the data he provided in the buying process
are correct, complete and true at the time of placing the order, also referred
to as issued order.
10.3. By completing the
order, the Customer agrees that CASI PLAST IMPEX SRL may contact him, for the
following purposes / in the following situations, by any means available /
consented by CASI PLAST IMPEX SRL, depending on the purpose/situation:
10.3.1. Validating the
availability of products and quantities purchased by the Customer;
10.3.2. Establishing by
mutual agreement the details concerning the delivery of the products;
10.3.3. Informing the
Customer on the stage of products delivery, the payment conditions, as well as
on any possible problems occurring during contract performance on which the
order is based.
10.4. CASI PLAST IMPEX SRL
may denounce automatically the order placed by the Customer, without any prior
obligation of either party to the other or without either party having to claim
damages, in the following circumstances:
10.4.1. The data provided
by the Customer on the website or in the order are incomplete or incorrect;
10.4.2. The Customer’s
activity on the website may cause and/or causes damages of any kind to CASI
PLAST IMPEX SRL and/or to its partners.
10.5. From the moment the
Customer validates the equivalent value of the order placed or CASI PLAST IMPEX
SRL informs the Customer of its validated order, his order becomes a Distance
Contract, applying the definitions covered by the Government Order 130/2000 in
Art. 2, referred to herein as the Contract, having attached but not limited to
these Terms and Conditions.
10.6. If a Customer
changes his personal data using the forms available on the website, then all
ongoing contracts valid at the time shall keep the data defined/accepted by the
Customer prior to the change.
10.7. The program for
taking orders is from Monday to Friday between 08:00 a.m. and 04:30 p.m., the
delivery being carried out from Monday to Friday between 08:00 a.m. and 17:00
p.m. by courier.
10.9. The telephone order
– the Customer/User may place orders by telephone, being assisted on the phone
by a CASI PLAST IMPEX SRL representative. The Terms and Conditions specified in
this DOCUMENT are applicable for the telephone orders, too.
10.10 In case you
encounter problems related to the order that cannot be solved by e-mail or you
wish to find out more details or clarifications on the various situations, you
may send an e-mail to: info@casiplast.ro or you may call 0764.471.928, from Monday to Friday, between 08:00 a.m. and 05:00 p.m.
11.Payment for the Products
11.0 The payment may be made online using the bank card or on delivery (cash) on package delivery by the courier.
11.1. The products ordered must be paid in
full; otherwise the delivery shall not be completed.
The payment for the
products ordered on the website www.casiplast.ro pursuant to these “Terms
and Conditions” may be made in advance or on products delivery.
11.2. Prepayment may be
completed by payment order; proof of payment must be remitted to us at the
following e-mail: info@casiplast.ro. Delivery shall be carried through only after the money will have
been transferred into the account belonging to CASI PLAST IMPEX SRL.
12.Delivery
12.1. Products delivery
shall be carried out through a third courier services company within 5 working
days on behalf of a successful order action, on the entire Romanian territory,
being accepted only those addresses for which the delivery does not imply
additional costs. During the sale campaigns, delivery term is up to 7 working
days.
12.2. CASI PLAST IMPEX SRL
reserves the right to ask its Customers to confirm the order issued before
honoring it, by contacting those customers who are at their first order made to
CASI PLAST IMPEX SRL.
12.3. Courier delivery
costs for the order shall be borne by CASI PLAST IMPEX SRL only if the amount
of one order is as a minimum 1.000 RON.
12.4. If the customer is
not to be found at the address indicated, in the time frame commonly agreed,
the courier shall return one more time after contacting the customer. If on a
second attempt to make the delivery the customer is not to be found at the
delivery address, the order shall be cancelled and the product returned to CASI
PLAST IMPEX SRL headquarters, and the customer shall bear the costs
corresponding to a new delivery, no matter the value of the products ordered.
The product delivery address will be confirmed together with the customer
advisor from CASI PLAST IMPEX SRL, only in written and via e-mail.
12.5. The reception of the
products represents the customer’s acceptance that the products have been
delivered in perfect state and is represented by the signature on the legal
documents. The invoice represents the proof of concluding the sale and purchase
contract, in accordance to the Romanian legislation in force. The Customer
expresses his explicit agreement when signing the invoice, on the fact that he
received the product (products) which is (are) in conformity with the order and
his own needs.
12.6 Orders received after
3 P.M, will be processed on the next day. Orders receivede on Saturday after 12
P.M will be processed Monday, next week starting.
12.7. CASI PLAST IMPEX SRL
reserves the right to delay or cancel the delivery of products ordered if these
cannot be honored due to reasons independent of CASI PLAST IMPEX SRL,
including: fires, explosions, floods, epidemics, strikes, governmental actions,
wars, terrorist acts, protests, rebellions, civil unrests or other impediments
of force majeure, according to the Romanian law common practice.
13.Product Guarantee. Complaints
13.1. The commercial guarantee given for the product is of 30 days from receiving the product.
The consumers’ guarantees
meet the conditions provided by Law 449/2003 and the Government Ordinance
21/1992 and they can be encountered in the certificate of guarantee
accompanying the product. In order to benefit from the guarantee, the consumer
has the obligation to comply with the directions, recommendations and
observations comprised in the certificate of guarantee.
13.2. CASI PLAST IMPEX SRL
is not responsible for the damages caused by the customer as a result of not
complying with these prescriptions.
13.3. When claiming the
guarantee, it is necessary to send the damaged product by courier to CASI PLAST
IMPEX SRL at the specified address, together with the corresponding
accessories, a copy of the invoice and the receipt from the courier, and a
written complaint which should contain: customer’s name and forename, contact
phone number, reason for the complaint, the supposed causes that led to the
complaint, the customer’s claims. If the products are being returned to CASI
PLAST IMPEX SRL without these documents, then the products may be given back to
the applicant/consignor without CASI PLAST IMPEX SRL to be able to settle the
claim for granting the guarantee.
13.4. The statutory
deadline for handling a complaint based on the guarantee is of 15 days as of
receiving the defective product.
13.5. The complaint
procedure regarding the package (product) you have received, referring to
problems caused by the courier service company, to transport or even to the
non-conformity of the product is the following, otherwise not being taken into
account:
13.3.1. complaints are
sent by the customer in advance by e-mail, no later than 48 hours from
receiving the product (after this deadline the complaint is not valid anymore)
13.3.2. the product is
sent to CASI PLAST IMPEX SRL headquarters by courier, in its original package,
together with the corresponding accessories, a copy of the invoice and the
receipt from the courier, and the written complaint which should contain the
following information: customer’s name and forename, contact phone number,
reason for the complaint, the supposed causes that led to the complaint,
customer’s claims.
13.4. CASI PLAST IMPEX SRL
will provide an answer to your complaint within 5 days as of the receiving day.
In order to handle the complaints and guarantees, CASI PLAST IMPEX SRL may
decide whether to:
13.4.1 reject the
complaint;
13.4.2. remedy the goods
complained against, at its own expense;
13.4.3. grant a discount;
13.4.4. replace or return
the product.
13.5. No complaint
shall be taken into consideration if the product has been changed, processed or
it suffered modifications of any kind. This list does not have a limiting
character.
13.6. The customer does
not have the right to claim damages for the quality or quantity of the goods
purchased from CASI PLAST IMPEX SRL if he did not comply with the complaint
procedure mentioned above.
14. Product Return and Product Counter Value Return Policy
14.1. If you are unsatisfied with the product received, CASI PLAST IMPEX SRL allows you to return it in 30 days from receiving the product, complying with the return conditions.
14.2. If the product is
being returned, the customer may choose to send back the money or to order
another product, paying for it or the difference if the prices vary.
Romanian law provides
that: “the consumer, as natural person, has the right to denounce unilaterally
the distance contract in 14 days, without penalties and without invoking a
reason. The only costs that may fall within the tasks of the consumer are the
direct expenses for returning the products”. (according to Government Ordinance
130/2000 Art. 2 letter e., O.U.G 34/2014). “Customers” or “consumers” are
considered NATURAL PERSONS. The customers having legal personality are not
entitled to denounce unilaterally the contract, the legislation in the area
referring only to natural persons.
The returned product must
be in the same condition as when it was delivered, must not be used nor present
signs of wearing, impact or dirt, must comprise all the accessories for the
product and must be in the original package, together with the certificate of
guaranty, the invoice and the courier receipt (in original and in copy).
If the return conditions
are not complied with, we shall not accept the replacement/change of the
product with another one and neither the refund.
14.2. Any return must be
preceded by a notification of the intention to make the return. This
notification shall be made by e-mail at the address indicated below, as
otherwise mentioned in the Terms and Conditions. The return can only be made by
courier.
14.3. The return must be
accompanied by the following documents: invoice (original or copy); courier
receipt (original or copy); written petition which should contain the following
information:
RETURN PROCEDURE:
1. Access
the casiplast.ro website and go to the Delivery and Return
section
2. Fill in the order number and email address
3. Select the items you want to return
4. Fill in the reason for the return and the return action
5. If you select replacement for the return action, type in the section
reviews the size or product you want
6. Check the box "Call courier to order address"
7. Click on "Send return request"
14.4. Changing the product
with another one
If you want to change the
size/color of the product ordered or to replace the product with another one,
please send the product(s) you wish to change by courier, at the return address
below, together with the documents mentioned above, after you have previously
sent a notification via e-mail. Returning the product requested in exchange
will be done by courier at the address indicated in the written application.
The transport costs for
sending the return (exchange) product from you to our address, as well as
sending the product sent by us in exchange to you will be borne by you.
If you do not comply with
the return conditions as specified in the Terms and Conditions, we will not
accept your return.
The products return address is the following: CASI PLAST IMPEX SRL, No 2 Street, no. 37, Afumati, Ilfov County.
For notifications on the
return intention and any other questions, please contact us at the following
address: info@casiplast.ro
15.Newsletter
15.1. The subscription and cancel of the subscription to the newsletter of the website www.casiplast.ro is free and voluntary, and it involves accepting the following terms of use.
15.2. The messages sent
are requested and comply with the provisions on e-commerce regarding commercial
communication, as specified by the Romanian and international legislation.
15.3. Receiving the
newsletter implies filling in a form by the User or Customer and accepting
unconditionally the document, if his consent has not been yet given. The User
may also express his agreement on receiving the newsletter when opening a User
account.
15.4. The data taken from
the User or Customer for the purpose of sending the newsletter may be used by CASI
PLAST IMPEX SRL within the limits of the Confidentiality Policy.
15.5. The User or
Customer’s refusal to receive the newsletter may be expressed at any time, in
the following manner:
15.5.1. Using the link
specially designated from any newsletter received;
15.5.2. Changing his
agreement to receive the newsletter and using pages from the restricted areas,
by using the account;
15.5.3. By contacting CASI
PLAST IMPEX SRL, based on the contacting information, without any prior
obligation of either party to the other or that either party could claim the
other one damages.
15.6. His refusal to
receive the newsletter does not mean changing his agreement given for this
document.
15.7. CASI PLAST IMPEX SRL
reserves the right to select the persons to whom it will send the newsletter as
well as the right to delete from its database any User or Customer who has
previously expressed his consent to receive the newsletter, without any prior
commitment from CASI PLAST IMPEX SRL or any previous notification.
15.8. CASI PLAST IMPEX SRL
shall not include in its newsletters sent to the User or Customer any kind of
advertising material in a content that should refer to a third party who is not
a partner of CASI PLAST IMPEX SRL, when the newsletter is sent.
15.9. The newsletter shall
be used under the same conditions of limitation of liability from the point of
view of its content as in the case of using the website, under the conditions
laid down in this document, CASI PLAST IMPEX SRL holds all rights over the
content of the newsletter sent to its subscribers on similar terms to the ones
applicable to the information published on the website, in line with the
provisions in this document.
15.10. The subscribers of CASI
PLAST IMPEX SRL newsletter may resend commercial communications to other
persons only on their own responsibility and provided that they have not
changed the structure or the content of the messages. Those people who received
commercial messages from the subscribers of CASI PLAST IMPEX SRL newsletters
are considered to have been previously informed by the subscribers on the
provisions of this article. Under this circumstance, CASI PLAST IMPEX SRL
cannot be made in any way responsible for the actions of its subscribers.
15.11. CASI PLAST IMPEX
SRL reserves the right to restrict the access to any newsletter subscriber if
it has any reason to believe that the subscriber does not comply with the
provisions of this document.
16.Limitation of liability
16.1. The persons using the website expressly and implicitly accept that they agree with using the website on their own responsibility. CASI PLAST IMPEX SRL expressly absolves of all liabilities of any kind expressed directly or indirectly, related to the use of the website.
16.2. CASI PLAST IMPEX SRL
cannot be made responsible for any kind of prejudice (direct, indirect,
accidental or not, etc.) resulting from using or inability to use the content
information presented or not on the website or for any kind of errors or
omissions in presenting the content that may lead to prejudices of any kind.
16.3. CASI PLAST IMPEX SRL
does not offer any kind of guarantee to the Users that the information from the
website comply with the Users’ expectations, that the computer services on
which the functioning of the website is based shall be interrupted in time,
securely or without errors, that the quality of the information received
through this website shall satisfy the Users’ needs, that any program error
shall be corrected and such similar issues.
16.4. CASI PLAST IMPEX SRL
does not guarantee the user or customer access to the website or the service
nor the right to download or modify partially and/or totally its content, to
partially or integrally reproduce its content, copy or exploit any content of
any kind, or transfer to third parties any content to which he has and/or had
gained access, based on a usage agreement, without a prior written consent from
CASI PLAST IMPEX SRL.
16.5. CASI PLAST IMPEX SRL
is not responsible for the content, quality or nature of other websites which
can be reached by accessing the links present in the content, no matter the
nature of these links. For those websites, the responsibility is borne entirely
by their owners.
16.6. CASI PLAST IMPEX SRL
shall not be liable if the use of the websites and/or content sent to the User
or Customer by any means (electronic, on the phone, etc.), via websites,
e-mails or a CASI PLAST IMPEX SRL employee and when this use of the content may
produce or produces damages of any kind to the User, Customer and/or any third
party involved in this Transfer of content.
16.7. Except for the legal
guarantee obligation, CASI PLAST IMPEX SRL does not offer any direct or
indirect guarantee, such as:
16.7.1. the
service/product shall meet the customer’s requirements;
16.7.2. the
service/product shall be continuous, secure and lacking errors of any kind;
16.7.3. the services/products
received for free or against payment through the service shall meet the
customer’s requirements or expectations.
16.8. The operators,
administrators and/or owners of the website are not in any way responsible for
their relations or consequences resulting from, including but not limited to
procurement, special offers, promotions, advertising or any other type of
relation / connection / transaction / cooperation / etc. which may arise
between the customer or user and those who promote directly or indirectly
products and/or services via the website.
16.9. The user is the only
person who is responsible for the possible damages caused to the computer
systems or the network used to access the website or any other loss of data as
a result of downloading information and services from the website content.
16.10. CASI PLAST IMPEX
SRL shall undertake constant efforts to ensure a good functioning and maximum
security of the website. However, CASI PLAST IMPEX SRL does not undertake any
obligation and cannot guarantee that this website is permanently operational
and lacks any functional defects.
16.11. For those sections
of the website that may comprise online placing from the Users, the
responsibility over the content of the online placing falls entirely on their
authors. CASI PLAST IMPEX SRL reserves the right not to make public those posts
that infringe the terms and conditions of use or that are found to be harmful
in any form to its own image, the customers’, partners’ or third parties’.
16.12. CASI PLAST IMPEX
SRL does not guarantee in any way that the documents, folders or other data
packages found in or in connection to this website are free of viruses and it
will not liable for any present or future prejudice caused by or taken through
this website. Consequently, for its own protection, any user of this website
must use an antivirus program when using the website.
16.13. CASI PLAST IMPEX
SRL does not pledge its commitment to update the information and material on
the Website with a certain frequency/periodicity. The information may suffer
modifications at any time and without notice and may be included in the
subsequent modifications made to the Website, accomplished according to the
possibilities of CASI PLAST IMPEX SRL.
16.14. CASI PLAST IMPEX
SRL shall not be liable for any kind of direct, indirect, accidental or special
damage including but not limited to damages for loss of profit, goodwill,
possibilities to use the data or other intangible or immeasurable losses (even
if CASI PLAST IMPEX SRL a was previously informed of the possibility to
register such losses), resulting from:
i. use or not being able
to use the information published on the Website;
ii. unauthorized access to
or deterioration of the transmission or the data belonging to the User;
iii. statements or actions
of any third party regarding the services of the Website and/or Content;
iv. any other problem
regarding the content of the Website.
17.Confidentiality Policy
17.1. CASI PLAST IMPEX SRL guarantees the security and confidentiality of the data hosted and sent via its informational system. This information can be used by CASI PLAST IMPEX SRL in order to send the user a confirmation of the orders, various special offers, promotions, etc. only with the prior consent of the customer. The provision of personal data to CASI PLAST IMPEX SRL does not impose obligations on the users and they may refuse to provide the data under any circumstance and may require their deletion from the database free of charge. Any such petition/notification for their deletion from the database will be dated, signed and sent by the person registered in the database by e-mail at the following address info@casiplast.ro
17.2. The information
provided to CASI PLAST IMPEX SRL are used only for the purpose for which they
were introduced (complete the orders, send messages to the OFG personnel,
newsletter subscription, etc), according to the legislation in force. CASI
PLAST IMPEX SRL will not give your e-mail address to third parties and will not
make public the data provided by its customers without their explicit
agreement.
17.3. CASI PLAST IMPEX SRL
certified that it will comply with the rights provided by Law No. 677/2001 on
the protection of individuals with regard to the processing of personal data
and the free movement of such data, Law No. 365/2002 on e-commerce, and
ordinance No. 130/2000 on the protection of customers on concluding and
executing distance contracts as amended. Among these rights, we may enumerate
(it is not a limiting enumeration): the right to ask CASI PLAST IMPEX SRL to
confirm you the processing or not of your personal data, free of charge;
the right to ask CASI PLAST
IMPEX SRL to ratify, update, block or delete, free of charge, those data
provided whose processing does not comply with the provisions of Law No.
677/2001;
the right to ask CASI
PLAST IMPEX SRL to stop, free of charge, the processing of your personal data;
the right to ask CASI
PLAST IMPEX SRL to stop sending you promotional messages.
Any such petition will be
dated, signed and sent by the person registered in the database by e-mail at
the following address info@casiplast.ro .
17.4. CASI PLAST IMPEX SRL
cannot be made responsible for the errors occurred as a result of the user’s
negligence in what concerns the security and confidentiality of his account and
password.
17.5. CASI PLAST IMPEX SRL
does not request its Customers or Users by any means of communication
(e-mail/on the phone/SMS/etc) information on his confidential data (except for
the data requested when opening the user account, in so far as these data may
be considered as confidential), accounts /bank cards or personal passwords.
17.6. The Customer / User
assumes full responsibility for the disclosure to third parties of his
confidential data.
17.7. CASI PLAST IMPEX SRL
declines responsibility if a User / Customer would be / is prejudiced in any
way by a third party who pretended he is/represents CASI PLAST IMPEX SRL
interests. The Customer or User will inform CASI PLAST IMPEX SRL on such
attempts using the contact data available.
17.8. CASI PLAST IMPEX SRL
does not promote SPAM. Any user / customer who explicitly provided his e-mail
address on the website may choose to delete it. Communications made by CASI
PLAST IMPEX SRL by distance electronic communication means (i.e. e-mail)
contain the consignor’s complete and consistent identification data or links to
such data, on the day the content was sent.
17.9. CASI PLAST IMPEX SRL
does not guarantee in any way the security and/or confidentiality of any kind
of information sent by any means of electronic communication to the Website or
the e-mail addresses of the Website operator/administrator, just that CASI
PLAST IMPEX SRL will not make public that data.
17.10. CASI PLAST IMPEX
SRL undertakes not to make public the Users’ e-mail addresses and not to
disclose them to third parties, except for the case in which it is necessary to
comply with the law and/or legal procedures.
17.11. CASI PLAST IMPEX
SRL is not responsible for the attacks for theft or vandalism purposes and
which may lead to disclosing or compromising data.
18.Force Majeure and Unforeseeable Circumstances
18.1. Except for the cases in which it has been expressly provided otherwise, neither of the parties of a concluded and in course of performance contract shall not be made responsible for the non-compliance within the stipulated deadline and/or adequately, totally or partially, of any obligation incumbent upon the parties under the contract, if the non-compliance of that obligation was caused by an event of force majeure.
18.2. The party or
representative of the party invoking the above-mentioned event is bound to
inform the other party as soon as possible and completely, of the occurrence of
that event and to take any available measures in order to limit its
consequences.
18.3. The party or legal
representative of the party invoking the above-mentioned event is absolved of
this obligation only if the event prevents it from carrying out its actions.
18.4. If within 15 days of
the occurrence the event does not end, each party is entitled to notify the
other party of the termination as of right of the contract , without either
party to be able to claim the other one damages as compensation.
18.5. The party invoking
the force majeure event must prove that it was impossible to perform its
obligations within 30 days of the occurrence of the event but within the limits
of Art. 18.3.
19.The Applicable Law. Disputes.
19.1. By using/visiting/etc. the website and/or any content sent by CASI PLAST IMPEX SRL to the User/Customer by access and/or forwarding via any means (electronic, over the phone, etc), he declares his agreement at least to “Terms and Conditions of Use”. CASI PLAST IMPEX SRL is not responsible for any loss, costs, trials, claim, expenses or other liabilities, if they are directly caused by non-compliance with those Terms and Conditions.
19.2. This document shall
be interpreted in accordance with the Romanian legislation.
19.3. These Conditions
constitute the only legal and probative instrument for an amicable settlement
of the possible disputes occurring between the parties or, otherwise for filing
legal action for damages to a court of competent jurisdiction.
19.4. Any dispute
referring to these “Terms and Conditions” or to the enforcement of contractual
obligations which may occur between the User/Customer and CASI PLAST IMPEX SRL
shall be settled amicably.
19.5. If it is impossible
to reach amicable settlement, then the conflict shall be settled by the
competent court at CASI PLAST IMPEX SRL headquarters, pursuant to Romanian
legislation in force.
19.6. If any provision of
these Conditions is or becomes null, the other provisions remain valid. Any
null provision shall be replaced with another similar one within the
above-indicated meaning and purpose.
20.Copyright
20.1. The entire CASI PLAST IMPEX SRL website content represents the property of CASI PLAST IMPEX SRL, protected under the and international Romanian law on copyright.
20.2. Access to the
Website is free of charge except for the pages addressed exclusively to the
Users.
20.3. All copyrights for
the Website information are owned by CASI PLAST IMPEX SRL or its partners.
20.4. The material son
this Website cannot be reproduced partially, totally or changed without the
explicit prior consent in written form from CASI PLAST IMPEX SRL.
20.5. The content from
this Website, the texts, graphics, photographs, software, logos and any other
material present on the Website are copyright protected or by other legal
legislation in the field of intellectual-property right and are all owned by CASI
PLAST IMPEX SRL or its partners.
20.6. The reproduction,
copy, multiplication, sell, resell or use of the information found on the
Website or part of it, the access or use of the information made available by CASI
PLAST IMPEX SRL through Website in any way that infringes the Romanian or
international on copyright and intellectual-property right, may entail civil or
criminal liability for such actions.
20.7. If you consider that
any material made available on the Website, placed on-line by CASI PLAST IMPEX
SRL, the Users or by any other third party breaches copyrights or other rights,
it is necessary that you report the situation at the following e-mail
address: info@casiplast.ro
20.8. CASI PLAST IMPEX SRL
reserves the right to prevent these persons by any means possible to contact
and use this Website and request that the persons involved be punished in
accordance with the legislation in force, if there is proof that they intended
to destroy or alter the Website, its content or security, or their attempt to negatively
affect the interests, services and/or employees from CASI PLAST IMPEX SRL or
its partners.
21.Links to Other Websites
21.1. CASI PLAST IMPEX SRL or third parties may provide, under authorization, via the Website, links to other web pages or resources on the Internet. The Website may present advertisements and/or links to pages belonging to third parties, including partners, advertisement providers or similar.
21.2. CASI PLAST IMPEX SRL
does not take any responsibility regarding the conditions of use, the content,
materials, products or services included in any of these Websites or to which
these Websites may direct in any way. Accessing these websites will be made on
the exclusive risk of the person accessing the websites.
21.3. CASI PLAST IMPEX SRL
will not be responsible or liable to pay compensations, directly or indirectly,
for any damage or loss caused or presumed to be caused by or associated with
using or trusts in the information, content, goods or services made available
by these websites.
21.4. It is forbidden to
create links between this Website and other websites and vice-versa without a
prior written consent from CASI PLAST IMPEX SRL.
21.5. In the absence of
such written explicit consent from CASI PLAST IMPEX SRL, the company will not
assume responsibility for the non-attached websites to which the Website may be
linked, for the materials place don-line on this Website by other persons than
those authorized by CASI PLAST IMPEX SRL and reserves the right to request that
such actions lacking any prior consent would be punished according to the
legislation in force.
22.Final Provisions
22.1. CASI PLAST IMPEX SRL reserves the right to make any kind of changes to these provisions, as well as other modifications to the website/its structure/service, including modifications that might affect the website and/or any content without prior notification to the User or Customer.
22.2. CASI PLAST IMPEX SRL
will not be made responsible for possible errors occurred on the website no
matter the reason, including due to some modifications, settings, etc. that
were not made by the administrators of the website.
22.3. CASI PLAST IMPEX SRL
reserves the right to introduce advertising material of any kind and/or links
on any page of the website, under the legislation in force. Except for the
pages that present the partner companies or their offers and which do not
contain competitive banners.
22.4. Any other issue
caused by the products and services presented on www.casiplast.ro and which is
not already referred to in any of the articles of this contract shall be
settled amiably within 30 working days of the written notification on the
issues concerned by the user.
22.5. In case of a
cancelled or unclaimed order, the User account will be blocked and he will not
have access anymore to orders. If the conflict could not be settled amiably,
the competence lies with the Romanian law courts or other authority empowered
to settle disputes as approved by both parties. For returned orders, the
vouchers associated with that order will not be sent anymore.
22.6. In agreement with
these Terms and Conditions of Use of the website www.casiplast.ro, the customer
assumes full responsibility for the consequences resulting from using the
website under these circumstances.