Terms and conditions

 

Terms and Conditions

On authentication and by using this website, hereinafter called Site, you accept the terms and conditions below, for which reason we are kindly asking you to read them carefully!

These terms and conditions have been created for our Clients – legal persons that we already have a contract relation with, resulting either from a Sale-Purchase Business Contract, or from a Provision Contract, and individuals that access this Site.

Both individuals, and legal entities, are allowed to sell and get information concerning our products through this Site.

  1. Company Identification Data:

S.C. ROSECO S.R.L., Romanian legal person, duly constituted according to the Romanian legal provisions in force, with the registered office in comuna Savadisla, sat Vlaha, nr. 22, jud. Cluj, registered in the Trade Register Office subordinated to Cluj Court, with no. J12/2211/1994, VAT no. 6053730, tax attribute RO, bank account RO33 RZBR 0000 0600 1376 6912, open with Raiffeisen Bank, Cluj-Napoca Branch, as distributor in the field of second-hand clothing and footwear, hereinafter called the Company.

S.C. ROSECO SRL sells the following groups of products: clothes, footwear, household textiles, accessories, sports items, without limiting the enumeration to these products only.

S.C. ROSECO SRL reserves the right to stop at any time selling any of the previously enumerated product categories or to start selling new product categories, without being bound to inform the Client about it.

  1. Definitions:

Client: represents the legal person that the Company has already established a contract relation with, resulting either from a Sale-Purchase Business Contract, or from a Provision Contract, who accesses this Site for professional purposes; and the individual who accesses this Site, both categories of persons accepting the Conditions of Use of this Site, satisfying for these purposes all the requirements of the registration and authentication process, initiating and completing an Order or an Offer demand.

Abusive use: represents the use of the Site in a manner that is contrary to the practice in the field, to the regulations and laws in force or in any other way that may prejudice the Company and/or ROSECO brand, a registered trademark of SC ROSECO SRL.

Order/Offer Request: represents an electronic document, generated following the accessing of the Site by the Client, which intervenes as a communication form between the Company and the Client, by the Client’s selecting products from among those sold by the Company.

III. Conditions of use

The clients of this Site are kindly asked to read carefully the terms and conditions of use enumerated below:

These “Terms and Conditions” are minimal applicable provisions, while the use of the site is subject, at law, to the general provisions of the laws in force.

The terms and conditions of use may be changed at any time by the Company, by updating this Site, and these changes become mandatory with immediate effect for all the Clients.

By accessing the Site, the Clients agree to comply with the terms and conditions presented hereinafter, as well as with the applicable law.

 

  1. Ordering on this Site

Contract

By placing an Order or an Offer request on Site, the Client agrees with the communication form (e-mail) by which the Company carries out operations on Site. As regards verbal offers, the Company cannot accept claims or complaints of non-delivery or of wrong delivery.

If the Company confirms the execution of an Order, this will imply a complete acceptance of the Order terms.

The stages of the procedure to place an order or to request an offer on the Site are distinctly presented in the Price link.

The provisions of these general terms and conditions, corroborated with the provisions of the sale-purchase contracts/provision contracts will be used when placing and confirming orders.

Price of products/services

The price of the product/products, respectively of the service/services is the one specified on the Site or in the sent price offer.

The company reserves the right to establish, regarding each Client, a special price for products/services, different from the one specified on the Site. The price of products/services may be changed by the Company at any time, and the Client is informed about it according to the provisions of the sale-purchase contract.

To be applicable, the price of the product/service must be honest and serious. Thus, the Company warns about the fact that there are situations when, due to dysfunctions of the Site or due to errors, the price displayed on the Site may not be the real one. In these cases, the Company will inform the Client about the correct price.

The price includes VAT.

Methods of delivery and payment

Delivery

The product/products will be picked up by the Client from the storehouse of SC ROSECO SRL, situated in sat Vlaha, nr. 22, comuna Savadisla, jud. Cluj, from the storehouse situated in Targu-Mures, strada Budiului, nr. 68, jud. Mures, or will be delivered to the Client either by the Company, or through the courier service chosen by the Client or through the delivery route established by the Company. The cost of transport is preset according to the chosen delivery method. Its quantum will be indicated by the Company to the Client when the order is confirmed. The Company reserves the right to change the quantum of the transport cost according to the value of the order launched by the Client. The manners, conditions and deadlines to take-over, respectively deliver the product/products are set for each client.

As regards home delivery to Clients situated on the delivery route established by the Company, the delivery cost will be borne by the Company, if the Client is on the precise route and agrees to receive the goods on the delivery date assigned to the route. Orders are delivered if they are confirmed until the vehicle is loaded or until it departs and according to the quantity. Unless the Company and the Client agree otherwise, the Company is discharged from the risks and responsibilities associated to the products ordered by Clients when they are handed over to the Client’s representative or to the courier service.

The company will ensure the proper packing of the goods and will ensure the transmission of joining documents (tax invoice, deeds which, according to the laws in force, join the product/products) to the Client.

The company will deliver products only on the territory of Romania.

 

Manner of payment

The manner by which the payment of the products/services ordered by the Client will be made to the Company will be established on a case-to-case basis by the sale-purchase contract (payment in cash at the Company’s office, promissory note with the maturity date up to date, guaranteed on the holder’s behalf).

Payment at the Company’s office: the payment of the product/products will be made after the goods are taken over from the Client, if the client comes personally at the office of the Company to purchase the goods. The payment will be made at the cashier’s desk of that office.

Payment by order of payment: payment will be made when the order is confirmed, when the Client must produce the evidence of paying the products by sending the OP to the address sales@roseco.ro, for the ordered goods to be delivered according to the agreed terms.

Return policy

If there are quantitative differences acknowledged during delivery-reception of products, a report of acknowledgement will be written, which will be signed by the representatives of both parties. The Client’s complaints regarding the qualitative/quantitative discrepancy of the delivered product/products must be submitted in writing when the products are delivered-received and sent to the Company by fax. The Company is not liable for the claimed product/products that register quantitative lacks, qualitative deficiencies, if they were resold or introduced in works or unpacked from the initial package and/or if the prescriptions of use stipulated by the Company were not observed.

The company will settle the Client’s claim, after receiving and checking the returned products, and if it finds the Client’s complaint justified, it will replace the products within 72 hours after finding the non-conformity.

The company receives the returned bags only if they are in their initial state, in the original package, not at all if they are cut, unpacked or mixed.

Delivery terms

If the delivery terms cannot be observed, the Company will notify the Client about the estimated delivery term.

If the Company receives wrong information related to the delivery of products, the Company may refuse to honor the delivery, without this being considered a breach of the Contract, or it may establish a new term to honor the Order.

The delivery cost will be incurred by the Company only if the Client is on the predetermined delivery route of the Company, and the day selected by the Client for delivery coincides with the date chosen by the Company to make deliveries in the area of the Client.

Confidentiality policy

The company processes personal data by gathering personal data from Clients, as they are necessary to execute the Contract, and it binds to observe the provisions of the Law no. 677/2001 for the protection of persons regarding the processing of personal data and the free circulation of these data. The data obtained by the Company will be stored in its database, and the Company will take all the measures to protect them against accidental destructions or illegal use.

In order to execute the Contract, the Company will send personal data gathered from Clients to the courier firm, that will deliver the products, as well as to the bank units by which online payments will be processed, and these data transmissions will not be considered breaches of the provisions of Law no. 677/2001.

Company’s liability

The company cannot be held liable for any loss suffered by the Client if he observes the provisions of these terms and conditions and of the sale-purchase contract/provision contract.

The company cannot be held liable for the prejudice caused by the non-operation of the site, and for the prejudice caused by the impossibility to access certain links on the Site.

The company is not liable for the direct and/or indirect damages of any kind that the Client or any third party may suffer based on these terms and conditions for the situation when they satisfy all the obligations resulting thereof. The company cannot be held liable for direct and/or indirect damages resulting from the use of products after the delivery, and particularly for their loss after the delivery.

All claims concerning the deficiencies of the purchased product/products may be submitted to the following email address: sales@reoseco.ro

Force majeure

Neither party will be held liable for the failure to execute/for the delayed execution/for the improper execution of its obligations, if such failure is caused by a force majeure event, as regulated by the laws in force.

Applicable law – jurisdiction

These terms and conditions, as well as the Contract, are subject to the Romanian law. Any conflicts occurring between the Company and the Client will be solved amiably or, if this is not possible, conflicts will be submitted to the law courts of Cluj-Napoca for settlement.

Intellectual property rights

All the materials integrated in this Site are the exclusive intellectual property of the Company. These materials cannot be copied or reproduced. However, the complete pages of the Site may be printed if they are destined to be used for strict personal purposes.

Without overseeing the general applicability of the aforementioned data, the Company may occasionally offer the possibility to download background images, screen savers or other utilities from the Site.

Personal data processing

S.C. ROSECO S.R.L. is a personal data operator registered with no. 26901.

S.C. ROSECO S.R.L. will hold your personal data and will use them only for commercial, marketing and advertising purposes, as well as in order to inform clients about aspects related to the operation of the site and its offers.

Personal data means any information related to an identified or identifiable natural person. An identifiable person is that person who can be identified, directly or indirectly, particularly by reference to an identification number or to one or several factors specific to its physical, physiological, psychic, economic, cultural or social identity.

The processing of personal data represents any operation or series of operations performed on personal data, by automatic or non-automatic means, such as collection, registration, organization, storage, adaptation or modification, extraction, consulting, use, disclosure to third parties by transmission, dissemination or in any other way, joining or combining, blocking, deleting or destroying.

The company registers only the personal data provided willingly by the Clients. According to the requirements of the Law no. 677/2001 for the protection of persons in relation to the processing of personal data and their free circulation, amended and completed, the Company is bound to administrate, in conditions of safety and only for the specified purposes, the personal data that the Clients provide.

The company observes the right to confidentiality of data of each person accessing the Site. According to the requirements of the Law no. 677/2001 for the protection of persons in relation to the processing of personal data and their free circulation, amended and completed, S.C. ROSECO S.R.L. is bound to administrate, in conditions of safety and only for the specified purposes, the personal data that you provide to us and that concern your own person, a member of your family or another person.

 

The data is collected for commercial, marketing and advertising purposes. You are (not) bound to provide the data, as they are necessary to the Company to inform our clients about the situation of their account on roseco.ro, about the evolution and status of their orders, as well as about the evaluation of the provided products and services. The company may notify its clients about its current offers through the weekly newsletter, and is able to send cards, gift vouchers or other special messages. The client accepts to receive information or commercial messages from the Company (offers, promotions, advertising and marketing messages concerning the activity carried out by the Company and by third parties which are part of the Company’s Group of enterprises) to the e-mail addresses communicated to the Company.

The registered information is destined to be used by the Company and it is communicated only to the following addresses: Company’s contract partners, as well as other enterprises of the same group as the Company. By registering on the Site/by placing an order or by requesting a price offer and by filling in personal data in the registration forms, the Clients declare that they agree that their personal data should be included in the database of the Company, and they expressly and without any doubt consent to their personal data being stored and used for:

[ ] marketing activities, by receiving information or commercial messages (offers, promotions, advertising and marketing messages concerning the activity carried out by the Company and by third parties that the Company has any kind of relations with) to the e-mail addresses communicated to the Company,

[ ] participation in competitions, promotions,

[ ] transmission of non-commercial or administrative messages (concerning changes operated in the Site, administration, etc.),

[ ] internal statistics necessary to improve the quality of the provided services and of the image of the Site and to create new characteristic elements, promotions, functionalities and other new services. According to the Law no. 677/2001, the Clients benefit from the right to information (art. 12), data access (art. 13), intervention (art. 14), opposition (art. 15), to not being subject to an individual decision (art. 17) and to address justice (art. 18). At the same time, you have the right to oppose the processing of personal data concerning you and to ask for their deletion. To exercise these rights, any person may draft a written request, dated, signed and sent to the following address: S.C. ROSECO S.R.L., sat Vlaha, nr. 22, comuna Savadisla, Cluj county.

Others

The provisions of these terms and conditions are applicable together with the provisions of the Sale-Purchase Business Contract/Provision Contract, entered by the Client with the Company. The provisions of these terms and conditions have priority in reference to those stipulated in the Sale-Purchase Business Contract/Provision Contract.

The provisions related to the aspects that are not included or particularly regulated in these terms and conditions will be governed by the provisions of the Sale-Purchase Business Contract/Provision Contract.

Thank you for choosing to be our clients!