Terms and Conditions

HomeTerms and Conditions

The use, including visiting and buying the products on the claudiugutu.com website, implies acceptance of the terms and conditions that will be detailed in the following paragraphs.

 

THE GOAL

The general terms and conditions of sale will apply to all sales of goods and services offered by Claudiu Gutu PFA through its online store claudiugutu.com to the Buyer.

  • Site / Domain: all information on the SITE that can be visited, viewed.
  • Content: the content of the site as well as any e-mail, any information sent to its users / customers by Claudiu Gutu PFA by electronic means and / or any other available means of communication.
  • Buyer / Customer: natural person, legal person or any other legal entity under public or private law that issues an Order.
  • Consumer: within the meaning of the law, consumers are only INDIVIDUALS.
  • User: natural or legal person of public or private law who has or obtains access to the site, by any means of communication (electronic, telephone, etc.);
  • Seller: authorized natural person Claudiu Gutu PFA, having its registered office in Timișoara, Timiș County, Str. Cugir Nr.15 Bl.89 Ap.18 – ROMANIA, trade register number CIF: F35 / 448/2011, CUI: 28229978.
  • Online commerce service: the e-commerce service developed by Claudiu Gutu PFA exclusively on the publicly available portions of the SITE, in the sense of giving the User the possibility to contract products using electronic means.
  • Account: the set consisting of an e-mail address and a password that allow a single User access to launch an online order and access to the membership section.
  • Goods and Services: The good – any product sold by the Seller; Service – installation, maintenance or service.
  • Order: an electronic document that intervenes as a form of communication between the Seller and the Buyer by which the Seller agrees to deliver the products he sells and the Buyer agrees to receive these products and to pay for them.
  • Contract: an Order confirmed by the Seller.
  • Delivery: It is done by offering virtual access to premium materials on claudiugutu.com to the recipient (Buyer).
  • Intellectual Property Rights: Claudiu Gutu PFA is the owner of all intellectual property rights, copyrights and industrial property rights on the SITE, enunciative, but not limited to database rights, design rights, model rights, patents, trademarks and domain name registrations for any of the above, on its design, content, etc. The buyer has the obligation to respect all the intellectual property rights provided by the legislation in force and owned by Claudiu Gutu PFA.

 

CONTRACTUAL DOCUMENTS

By launching an electronic order on the claudiugutu.com website, the Buyer agrees with the form of communication (telephone or e-mail) through which the Seller carries out its operations. The order will be composed of the following documents, in order of importance:

  • The order (along with clear indications on the billing data) and its specific conditions
  • Buyer Specifications (where applicable)
  • General terms and conditions of sale

If the Seller confirms the Order, this will imply a full acceptance of the terms of the Order. The acceptance of the order by the Seller is considered completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring an acknowledgment of receipt from the latter. The order not confirmed by the Seller has no contract value.

VALIDITY

This Agreement enters into force upon confirmation of the Order by Claudiu Gutu PFA. Confirmation is made by phone or electronically (e-mail). The terms and conditions will be the basis of the Contract thus concluded, in their completion being the Guarantee Certificate of Claudiu Gutu PFA, if applicable.

 

PRICE – METHODS OF PAYMENT

The prices presented in the store do not include VAT, unless expressly specified on the site.

Modalităţi de plată:

  • Online payment by card. This payment method involves paying the value of digital products and services ordered from the claudiugutu.com store, with the bank card through an online payment platform, directly from the claudiugutu.com store. Transactions are made through mobilPay, in conditions of maximum security. Claudiu Gutu PFA does not request or store details regarding your card.
  • Paypal

 

PRODUCT DELIVERY

Delivery deadlines

Under normal conditions, the delivery time of the virtual products purchased through the online store claudiugutu.com, is between 10 minutes and 10 working days from the moment of taking the order.

If Claudiu Gutu PFA can no longer meet the delivery deadlines, it is obliged to return the entire amount within a maximum of 3 working days to the bank account from which it was ordered. An exception is the case where it has been decided to extend the delivery term, in agreement with the customer, an agreement that will be communicated by fax or e-mail.

 

ASSIGNMENT AND SUBCONTRACTING

Claudiu Gutu PFA may assign and / or subcontract a third party for services related to the fulfillment of the order, with the information of the Buyer, without the need for his consent. Claudiu Gutu PFA will always be liable to the Buyer for all contractual obligations.

 

PRODUCT CONDITIONS

Claudiu Gutu PFA does not guarantee in any way the operation of the claudiugutu.com site, the information contained, the correctness of the descriptions, the updating of the content, of the products, etc. The images of the products presented on the site are by way of example, there is the possibility that the delivered products may differ from the images presented in any way (color, accessories, appearance).

Users expressly agree that the use of this site and the purchase of related products or services is at your own risk, the only derogation being the obligation of claudiugutu.com to grant its customers the right to unilaterally terminate the contract according to current legislation.

The content of the claudiugutu.com site (texts, product descriptions, technical characteristics, images, symbols) is also compiled in collaboration with the representatives of various producers / distributors in Romania and abroad. For this reason, Claudiu Gutu PFA does not assume responsibility for the descriptions and specifications of the products displayed on the claudiugutu.com website, these being made available to us by the representatives of each brand, or by the importers approved by them. Claudiu Gutu PFA and its partners reserve the right to change the technical specifications of the products without prior notice.

 

RETURN OF PRODUCTS

According to the Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing some normative acts:

Before the expiration of the withdrawal period, the Consumer has the right to withdraw from this contract, without having to justify his decision to withdraw and without incurring other costs than those provided in art. 13 paragraph (3) and art. 14 of GEO No. 34/2014, within 14 days from the day on which you or a third party, indicated by you, enters into possession of access to the virtual product.

In order to exercise their right of withdrawal, the Consumer must inform the seller, Claudiu Gutu PFA (claudiugutu.com), of his decision to withdraw from this contract, using an unequivocal statement, for example, a letter sent by post. , fax or e-mail. Only written requests are valid.

In order to comply with the withdrawal deadline, it is sufficient to send the communication on the exercise of the right of withdrawal before the expiry of the withdrawal period.

The seller will refund the value of the product within a maximum of 14 (fourteen) days from the date of informing Claudiu Gutu PFA. by the Consumer on his decision to withdraw from the contract.

The return of the value of the product will be made using the same payment method as the one used by the Consumer for the initial transaction, unless the consumer has agreed to another payment method.

If a gift voucher was used for the purchase, the return of the value of the products will be made by deducting the value of the coupon.

Claudiu Gutu PFA will be able to postpone the return of the value of the product until we receive the product sold or until we receive proof that it has been shipped, if Claudiu Gutu PFA has not offered to recover the product himself (the most recent date will be taken ).

Claudiu Gutu PFA reserves the right to seek compensation if the unilateral termination is made only for the purpose of prejudice Claudiu Gutu PFA.

 

PRODUCT AVAILABILITY

Our offer regarding the products and their price is valid as long as it is displayed on the claudiugutu.com website.

 

COPYRIGHT

The content of the claudiugutu.com site (text, graphics / design, logo, icons, images) and the databases accessible through it are the property of Claudiu Gutu PFA and fall under the copyright provided by Romanian law. The copyright for the logos and slogans of our partners and collaborators, belongs to them, and are reproduced with their consent. They are also responsible for the images, descriptions and technical details of the products provided.

CONFIDENTIALITY – ADVERTISING

No public statement, promotion, press release or any other means of disclosure to third parties will be made by the Buyer regarding the Order placed, without the prior written consent of the Seller.

Claudiu Gutu PFA guarantees the security and confidentiality of the data hosted and transmitted through its computer or telephone system. This information may be used by the Seller to send the Buyer / User the confirmation of orders, various special offers, promotions, etc. only with his prior consent.

Claudiu Gutu PFA undertakes that personal data will not be disseminated to third parties except for the direct marketing operator. However, personal data may be transmitted to the authorities entitled to verify commercial transactions or to other authorities entitled to carry out any justified checks under the law, if required in accordance with applicable law.

The information provided to Claudiu Gutu PFA is used only for the purpose for which it was entered (placing orders, advertising, marketing and advertising, sending messages to staff, subscribing to the newsletter, etc.), according to the laws in force. Claudiu Gutu PFA does not provide your e-mail address to third parties, does not encourage spam, and does not make public the data provided by its customers without their explicit consent.

Under Law 677/2001 you benefit from the following rights:

  • The right of access (the right to obtain from the operator, on request and free of charge for one request per year, confirmation that the data concerning you are or are not processed by him);
  • The right to intervene (the right to obtain from the operator the rectification, updating, blocking, deletion or transformation into anonymous data of certain incomplete or inaccurate data);
  • The right to object (the right to oppose at any time, without any justification, the processing of personal data);
  • The right not to be subject to an individual decision (the right to request and obtain: the withdrawal or annulment of any decision having legal effect in respect of you or the re-evaluation of any other decision taken in respect of you, taken solely on the basis of data processing personal, performed by automatic means, designed to assess some aspects of your personality, such as professional competence, credibility, your behavior or other such aspects);

The exercise of these rights implies the submission of a request addressed to the operator that must be drawn up in written, dated and signed form. Within 15 days from the date of receipt of the request, the operator will communicate the requested information / measures taken.

  • The right to go to court (The competent court is the one in whose territorial area the plaintiff resides. The summons is exempt from stamp duty.)

The collection of personal data necessarily implies their provision by the data subjects (User, Buyer). If this data is not provided, the operator will consider this as a refusal of the data subject to have processed the respective data and, implicitly, to provide the service (fulfillment of an order) requested to the operator.

Claudiu Gutu PFA cannot be held responsible for the errors occurred as a result of the User’s negligence regarding the security and confidentiality of his account and password.

 

SITE CHANGES

The information presented on the claudiugutu.com website is informative and may be modified by Claudiu Gutu PFA, without prior notice. Also, for reasons related to space and coherence of the information structure, product descriptions may be incomplete but Claudiu Gutu PFA makes efforts to present the most relevant information, so that the product is used in the parameters for which it was purchased.

The displayed photos are for reference only. The technical specifications are informative; they may be modified without prior notice and do not constitute a contractual obligation; the same conditions apply to the price of the product.

Claudiu Gutu PFA reserves the right to suspend, modify, add or delete sections of its content at any time. Claudiu Gutu PFA also reserves the right to restrict users’ access to some or all of its content.

MAJOR POWER

Neither party will be liable for non-performance of its contractual obligations if such non-performance is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.

 

GOVERNING LAW

The rights and obligations of the parties, imposed by these Terms and Conditions, as well as all legal effects produced by this agreement will be interpreted and governed by the Romanian law in force. Any dispute relating to this agreement shall be settled amicably, and if an amicable settlement is not possible it shall be settled before an arbitrator. If the parties do not agree on the appointment of an arbitrator within 15 days from the notification of the dispute, the competence will return to the Romanian courts.

 

FINAL PROVISIONS

Claudiu Gutu PFA reserves the right to change the terms and conditions without fulfilling other formalities. When these terms change, Claudiu Gutu PFA will notify you by email or by a message in your Claudiugutu.com User account and by publishing on the first page of the site, a link that refers to the new form of this document.

 

Access to the site and use of our services after the notification or display of the link regarding the changes on the first page of the site implies that you have agreed to the new terms. Also, the purchase of products and / or services provided by claudiugutu.com that are subject to additional terms, will be brought to your attention in the case of each such service, and can be accessed before using the service or completing the order.