Article 1 – SCOPE
The General Terms and Conditions of Sale shall apply to all sales of goods and services by REBTECH SRL. through the online shop https://www.shop.rebtech.ai to the Buyer and may be modified only with the express written consent of both parties.
In this document, the following terms shall mean:
Buyer: the person, firm, company or other legal entity issuing an Order.
Seller: REBTECH SRL, with registered office in SAT RUSU BARGAULUI COM. JOSENII BARGAULUI, NR.1B, trade register number J06/203/2012 , CUI RO24230112.
Goods and Services: any turnkey project, equipment, material and/or part thereof or service, including the documents and services mentioned in the Order or otherwise relating thereto to be supplied by the Seller to the Buyer.
Order: an electronic document which is a form of communication between the Seller and the Buyer whereby the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive such Goods and Services and to make payment therefor.
Contract:Order confirmed by the Seller by issuing the invoice. The contract is concluded when the invoice is issued and not when the order is placed or the confirmation of receipt of this order is issued.
Intellectual Property Rights (hereinafter IPR): all intangible rights such as know-how, copyright and rights in kind, database rights, design rights, design rights, patents, trademarks and domain name registrations for any of the above.
Specifications: all specifications and/or descriptions of the Goods and Services as specified in the Order.
Article 2 – CONTRACT DOCUMENTS
By placing an electronic or telephone order on the https://www.shop.rebtech.ai website, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller conducts its operations. The order will consist of the following documents, in order of importance:
Order (together with clear reminders of delivery and invoicing dates)
Buyer’s specifications (where applicable)
TCGV
In the case of campaigns with limitation of the number of products per Customer (the Customer being defined as the same consumer or the same legal entity (company name) or the same telephone number or the same delivery address or the same billing address), placing more than one order with any of the above mentioned situations in common will result in their cancellation.
If the Seller confirms the order, this will imply full acceptance of the terms of the Order. Acceptance of the order by the Seller shall be deemed completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring an acknowledgement of receipt from the Buyer. The Seller does not at any time consider an unconfirmed order as having the value of a Contract.
Article 3 – VALIDITY
This Contract shall come into force upon issue of the invoice by the Seller. Information about the issue of the invoice shall be made by telephone or electronically (e-mail). The general terms and conditions of sale shall form the basis of the Contract thus concluded, in addition to which the Guarantee Certificate issued by the Seller or a supplier of the Seller shall form the basis.
Article 4 – EXTENSION OF THE SELLER’S OBLIGATIONS
The Seller shall use its professional and technical knowledge to achieve the result stipulated in the Order and shall deliver the Goods and Services that meet the Buyer’s requirements, needs and specifications;
The information presented on the Seller’s websites is for information purposes only and is documented or modified by the Seller according to the Manufacturers’ presentation files/websites. Also, due to space considerations and coherence of the information structure, product descriptions may be incomplete but the Seller endeavours to present the most relevant information according to the information received from the Manufacturers, so that the product can be used in the parameters for which it was purchased;
Communication with the shop – can be done by interacting with the shop, posting opinions about the products or communicating through the addresses mentioned in the contact section. Opinions or addresses containing insults or inappropriate language will be excluded from the site or ignored. The seller is free to manage the information received, without having to justify it.
Article 5 – ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and/or sub-contract to a third party for services related to the fulfilment of the order, with the Buyer’s information and without the Buyer’s consent. The Seller shall always be liable to the Buyer for all contractual obligations.
Article 6 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Buyer understands the intellectual property rights and will not disclose to any third party or make public (on the internet or in the media) any of the information received from the Seller. Also, the names of the sites as well as the graphic insignia are registered trademarks of REBTECH SRL. and cannot be taken, copied or used without the written consent of the owner.
Article 7 – CONFIDENTIALITY – PUBLICITY
All plans, documents and information of any nature provided by the Buyer to the Seller, including without limitation the order, shall remain the property of the Seller. They may only be used for the performance of the contract. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by the Buyer with respect to the order without the prior written consent of the Seller.
Article 8 – PENALTIES
In the event that the delivery and/or start-up deadlines for the Order cannot be met, the Seller is obliged to notify the Buyer of the estimated deadline for completion of delivery. The Buyer shall be entitled to claim additional damages from the Seller, where permitted by law, in the event of total or partial failure by the Seller to perform the Contract in accordance with the agreed time limits. If the Buyer is late in paying for the goods within the period specified in the invoice issued by the Seller, the Buyer is obliged to pay a penalty of 0.5% per day of the amount due. If the Seller receives erroneous information regarding the invoicing or delivery of the products, a new term for the order will be established, within 3 working days. The deadline for completion, unless modified by the Seller by notifying the Buyer, is 30 days from the placement of the order.
Article 9 – INVOICING – PAYMENTS
The price, method of payment and payment term are specified in the Order. The Seller shall issue an invoice to the Buyer for the Goods and Services delivered, it being the Buyer’s obligation to provide all the necessary information to issue the invoice in accordance with the legislation in force.
If re-invoicing is desired, the modification of the invoicing data implies the cancellation of the initial invoice and the issuing of a new invoice. Re-invoicing can only be done within the same accounting month and only for invoices exceeding 500 lei.Please note that re-invoicing is only possible in the following variants: legal person – legal person or natural person – legal person, not legal person – natural person.
The seller DOES NOT apply VAT deduction, according to the Register of persons applying VAT deduction.
Article 10 – RISKS AND LIABILITIES
Delivery
The Seller undertakes to send the Goods and Services by courier to the Buyer.
Transport – Packaging
Unless otherwise agreed between the Seller and the Buyer, the Seller discharges the risks and responsibilities associated with the Goods and Services when handing them over to the internal courier company with which the Seller collaborates. The Seller shall ensure the proper packaging of the Goods and Services and shall ensure the transmission of the accompanying documents on a durable medium (printed/email or on-site on behalf of the Buyer). The Seller shall deliver the Goods and Services within Romania.
Article 11 – ACCEPTANCE AND RIGHT OF WITHDRAWAL
Acceptance will be made when the Goods and Services conform to the technical characteristics mentioned in the Order. If the Buyer discovers that the Goods delivered or the Services provided do not comply with the technical specifications, then the Seller shall bring the Goods and Services into conformity within a maximum term equal to the execution term of the Order, without charging the Buyer any costs related to these operations. The Seller shall also comply with the provisions of O.U.G. 34/2014 and shall apply the return policy. The Seller shall have the right, when it considers that the Buyer’s actions have been malicious, to claim damages from the Buyer, in accordance with the law.
Article 12 – EXCESS GOODS
Any goods delivered in excess of the quantity stated in the Order may be refused by the Buyer within 7 calendar days of delivery.
Article 13 – GUARANTEES
In addition to any other warranties provided by applicable laws and detailed in the Warranty Certificate issued by the Seller or a supplier of the Seller, they warrant the Buyer against any non-conformity which may affect all or part of the Goods and Services, other than normal wear and tear, for a period of 24 months from the date of issue of the sales invoice. Exception is made for consumables, which are not covered by warranty.
Article 14 – TRANSFER OF PROPERTY
The ownership of the Goods and Services shall be transferred at the time of payment by the Buyer at the location indicated in the order (meaning by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the invoice in the case of deliveries made by the Seller’s personnel).
In the case of delivery by courier, the courier is not authorized by the Seller to allow the Buyer to open the parcels before signing for delivery, but only after signing for delivery and payment of any countervalue. The Seller cannot be held responsible for the contents of the parcels dispatched unless there is a document signed by the Buyer and the representative of the courier who made the delivery.
Article 15 – COMPLIANCE WITH LAWS AND STANDARDS
Seller shall comply with all laws, regulations and ordinances applicable to its contractual performance, including without limitation to the manufacture, assembly, handling, transportation, storage, packaging or delivery of the Goods and Services and applicable to health, safety, environment.
Article 16 – LIABILITY
The Seller shall not be liable for damages of any kind which the Buyer or any third party may suffer as a result of the Seller’s performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for loss of the Products.
Types of discounts, promotions, customer benefits and their signage on the site:
Percentage discounts X% – displaying an old price, a percentage discount and the sales price resulting from the application of the discount;
Absolute discounts X Lei – displaying an old price, an absolute discount and the sales price resulting from the discount;
Fixed price indicated by labels: – applies to products that do not benefit from discounts, but have a competitive price in relation to the market and competition;
Discount voucher in the basket – the customer benefits from a discount that is applied only by adding a product to the basket together with a discount voucher. Discount vouchers cannot be applied to unsealed products. Only one voucher can be used per order.
Promotions are valid while stocks last.
The Seller shall be liable if its subcontractors and/or partners of any kind involved in the execution of the Order fail to fulfil any of their contractual obligations.
Article 17 – DERIVATIVE PRICE OR ERONATE CHARACTERISTICS
The Seller shall use its best endeavours to provide correct information about the price and characteristics of the Products. It is possible that some prices and/or characteristics may be erroneous. In case of registration of an order with a derisory price, the Seller has the right to cancel the Buyer’s order. In case of registering an order for a product with erroneous characteristics, the Seller will make every effort to deliver to the Buyer a product with characteristics as close as possible to those presented on the site at the time of placing the order. If the Buyer does not agree with the Seller’s proposals, the Seller has the right to cancel the Buyer’s order.
Article 18 – BREACH – TERMINATION
If the Seller fails to perform its obligations, including during the warranty period, the Buyer shall notify the Seller of such failure. A plan of action will be validated between the Parties within 3 days of notification. The Buyer may cancel an Order by e-mail before it has been delivered. Otherwise, the order will be subject to the return of goods, mentioned on the Seller’s websites.
Article 19 – MAJOR FORCE
Neither party shall be liable for non-performance of its contractual obligations if such non-performance is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.
Article 20 – APPLICABLE LAW – JURISDICTION
This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract shall be settled amicably, and in the event that no agreement is reached in this way, the competent courts of the Seller’s head office shall have jurisdiction.
Article 21 – MISCELLANEOUS PROVISIONS
If one or more provisions conflict with any applicable legal requirement, the said provisions shall not be applied and the Parties shall endeavour together to agree on new provisions which comply with the spirit of the original provisions. The parties to the contract shall be deemed to be independent contractors and neither party shall be granted the right or authority to assume or create any obligation on behalf of or to the detriment of the other. The terms and conditions of this Agreement supersede any prior written or oral agreements between the Parties hereto relating to the subject matter of this Agreement and may not be modified or changed except by written agreement signed by both Parties.
To place an order, minors must have the consent of their legal representatives.
REBTECH SRL. reserves the right to refuse cooperation with customers who show inappropriate behaviour and language, in writing or verbally (aggressive, licentious, etc.), have in their order history refused deliveries, misuse the right of return within 14 days.