1. INTRODUCTORY PART
This document (together with all the documents mentioned therein) sets out the terms and conditions governing the use of the www.penti.com.ro website (hereinafter "penti.com.ro"/"Website"/"Website web") and the placement of product orders through it (hereinafter referred to as "the Conditions").
If you do not fully accept the Conditions and Policies regarding data protection, do not use penti.com.ro.
The contract (as defined hereinafter) may be terminated, if you express the option in this respect, in any of the languages in which the Conditions are available on this website.
2. OUR DATA
The sale of products through this web site is carried out under the name PENTI by PENTI WORLD S.R.L. with headquarters in Bucharest, Lipscani street no. 56, sector 3, registered with the Trade Register of the Bucharest Tribunal under no. J40/3699/2011, fiscal identification number RO28256271, telephone 0786 252 454 e-mail address: email@example.com, EUID ROONRC.J40/3699/2011.
3. YOUR DATA AND VISITS ON THIS WEBPAGE
By using this Website and/or placing a product order, you explicitly and unambiguously express your consent to the processing of such information and data and declare that all information and data you have provided us are true and accurate and that you have obtained the prior written consent of the information and/or data holder, in the event that the information and data you provide us through the Website do not belong to you
4. USING OUR WEBSITE
By using this website and/or placing any product order through it, you undertake to:
4.1. Use the website exclusively to send legitimate questions or place orders.
4.2. Not to place any false or fraudulent order. If we have reasonable grounds to believe that you have placed such an order, we will have the right to cancel the order and inform the competent authorities.
If you do not provide us with all the information we need, we may not be able to complete the order.
By placing an order through the website, you guarantee that you are over 16 years old and that you have the legal capacity to conclude contracts.
5. AVAILABILITY OF THE SERVICE
Products that can be ordered through this website are available for delivery only within the territory of Romania.
6. CONTRACT PERFORMANCE
The information provided in these Conditions and the data contained on this Website is not a sale offer, but an invitation to the offer (invitation ad offerendum). There will be no contract between you and us regarding any product until your order is expressly accepted by us. If we do not accept your offer and funds have already been withdrawn from your account, they will be fully refunded.
In order to place an order, you must follow the online purchase procedure and click on "Payment confirmation". After that, you will receive an email from us confirming the receipt of your order ("Order Confirmation"). Please note that this does not mean that an order has been accepted because your order is an offer you make to us regarding the purchase of one or more products from us. All orders are subject to our acceptance and we will confirm our acceptance by sending you a confirmation email regarding the shipment of the product ("Shipment Confirmation"). The contract between us regarding the purchase of a product ("the
Contract") will be deemed to be terminated when we send you the Shipment Confirmation. The contract will only refer to those products listed in the Shipment Confirmation. We will not be required to deliver any other product that has been or could have been part of your order until the shipment of the product has been confirmed.
7. AVAILABILITY OF THE PRODUCTS
All product orders depend on the availability of those products in our stocks. In this regard, in the event of supply difficulties or if the products are no longer in stock, we reserve the right to inform you of substitute products with the same or higher quality and value that you can order. If you do not want to order these substitute products and if we have already received the payment for the ordered products, we will fully refund you any amounts of money you have paid.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product on this Website at any time, in a discretionary manner and/or to remove or modify any material or information on this Website. While we make every effort to always process all placed orders, there may be exceptional circumstances requiring us to refuse to process an order after sending the Order confirmation message and we reserve the right to do so at any time.
We will have no liability to you or any third party for the removal of any product on this Website, for the removal or modification of any material or content on this Website, or for the non-processing of an order after we have sent you the Order confirmation message.
Subject to the provisions of the above Article 7 on product availability, excepting the extraordinary circumstances, we will do our best to complete your order with the product (products) listed in the Shipment Confirmation by the date specified in the Shipment Confirmation or, if the estimated delivery date is not specified, within the estimated time frame showed when selecting the delivery method and, in any case, no later than 30 calendar days from the Confirmation date of the order.
However, delays may occur for reasons such as product customization, unexpected circumstances, or delivery area.
If, for some reason, we are unable to comply with the delivery date, we will inform you of this situation and give you the option of keeping the order with a new delivery date or canceling the order with a refund of the full amount paid. Please note that we do not deliver on Saturdays and Sundays.
In view with these Conditions, "delivery" is deemed to have been made or is deemed to have been "delivered" when you or a third party designated by you has the physical possession of the products, as demonstrated by the receipt of the order at the agreed delivery address signed by you.
In the case that the product order does not arrive to you at the estimated delivery time, we ask you to contact us using the following e-mail address: firstname.lastname@example.org
10. RISK TRANSFER AND RIGHTS OF OWNERSHIP OF THE PRODUCTS
All product-related risks (including loss and damage) will belong to you from the moment of delivery, when you or a third party designated by you, other than the courier, has the physical possession of the products.
Product ownership will only be transferred to you when we receive full payment of all amounts due in respect of the products, including delivery costs, or costs at the delivery (as defined in above Article 9), in the case that this happens at a later date. The legal right to ownership of the products will return to Penti's patrimony if we refund any such payment.
11. PRICE AND PAYMENT
The price of each product will be displayed periodically on our Website, excepting the case when there is an obvious error. While we take care to ensure that all prices on our Website are correct, errors may occur. If we discover a price error at any product(s) in your order, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact you for reasons which we cannot handle, the order will be deemed canceled and if you have already paid the product(s), we will refund you the entire amount paid.
We have no obligation to sell any product at an incorrect inferior price (even if you have received from us the Shipment Confirmation), if the price error is obvious, unmistakable and could reasonably have been identified by you as an error.
Prices can be reviewed at any time, but (with the exceptions listed above), no potential change will affect any of your orders for which an Order confirmation has already been sent. If we find that there is a mistake in the price of a product you order, we will inform you as soon as possible and let you choose to confirm the new order at the new price or cancel the whole order. If we cannot contact you, we will cancel your order. If you cancel the order and you have paid the product price, we will refund the full price of the product. VAT, if applicable, will be included in the prices.
Once you have selected all the products you want to purchase by adding them to your shopping cart, the next step is to complete the order completion process and make the payment. To do this, you need to follow the steps in the purchase process by completing or checking the required information at each step. Moreover, throughout the purchase process, before you can make the payment, you can change your order data. Also, if you are a registered user, a history of all the orders placed by you will be available in the "My Account" section.
Payment can be made in cash at the time of delivery or by card (Visa Electron, Maestro).
You can pay using Visa Electron, Maestro. To minimize the risk of unauthorized access, your card data will be encrypted. Once we receive your order, we will request a pre-authorization of your card to ensure that there are sufficient funds to complete the transaction. The amount will be withdrawn from your card when your order leaves our warehouse/stores.
If you click on "Payment Confirmation" button, you confirm that the card belongs to you. You will be solely responsible for any incidents and damages to us or to third parties as a result of having provided bank data that don't belong to you.
Credit cards are subject to validation and authorization verification by the issuing institution. If we do not receive the necessary authorization, we will not assume the responsibility for any delay of the delivery of the ordered products or, as the case may be, the failure to deliver them, and we will no longer be able to conclude a Contract with you.
Client/User payment card data will not be available for PENTI and will not be stored by PENTI or by the payment processor integrated into the Site, this data will be available only for the Transaction Authorizing Authority or another entity authorized to provide card identification data storage services, which the Customer/User will be informed before entering the data.
The authorized entity to provide card data storage services is PayU SA with its registered office in Poznań (60-166) Grunwaldzka 182, registered in the Register of Entrepreneurs of the District Court for Poznań - Nowe Miasto and Wilda from Poznań, Division 8 of the Economic Register of the National Registry of Judges under the number KRS 0000274399, NIP fiscal identification number: 7792308495, REGON statistical number: 300523444, social capital of 4,944,000.00 PLN fully paid.13.
12. PURCHASE OF PRODUCTS AS A VISITOR
On our Website, there is also available the option to buy products as a visitor. For this type of purchases, only data that is essential for processing your order will be required.
Upon completion of the purchase process, you will be given the opportunity to register as a user or to continue as an unregistered user. Your refusal to register as a user of the Website will in no way affect the takeover of the product order or its execution.
Password and account security
You need to enter account and password information (login information) to access your data registered on our site. You will be responsible for the security of privacy of other transactions made within your information and your client account. If you have any suspicions about your login information, or if you think it is abusively used, you should immediately contact Customer Service and inform us about this. You can disable your account at any time.
From time to time we provide discount/promotion codes for any purchases or special purchases on this website. The discount/promotion codes will be used for purchases on this site, in accordance with the terms and conditions of use. These are not available in Penti stores.
13. VALUE ADDED TAX
Under the norms and regulations in force, all purchases made through the Website are subject to Value Added Tax (VAT).
14. RETURNING OF PRODUCTS
14.1 The legal right of withdrawal
The right of withdrawal
În cazul în care încheiaţi acest Contract în calitate de consumator, aveţi dreptul de a vă retrage din Contract, în termen de 14 zile calendaristice, fără a furniza vreun motiv.
The withdrawal period will expire after 14 calendar days starting with the day you or a third party indicated by you, other than the carrier, has the physical possession of the products. If you order by a unique order multiple products to be delivered separately, the withdrawal period expires 14 calendar days from the day you or a third party other than the carrier indicated by you has the physical possession of the last product.
In order to exercise your right to withdraw from the Contract, you may notify PENTI by sending an email to: email@example.com regarding your decision to withdraw from this Agreement using an unambiguous statement (for example, letter sent by post or e-mail).
In order not to exceed the withdrawal deadline, it is sufficient to send us your message regarding the exercise of your right to withdraw within the 14 days period mentioned above.
Effects of withdrawal
If you withdraw from this Contract, we will refund all payments received from you, including delivery costs, without undue delays and, in any event, no later than 14 calendar days from the date when we received the returned products. We will refund your funds using the same payment method you used for your initial transaction. In any case, you will not incur any commission as a result of this refund.
You are the only responsible for diminishing the value of products resulting from manipulations other than those necessary to determine the nature, characteristics, and operation of the products.
14.2 The contractual withdrawal right
In addition to the legally recognized right of withdrawal, as referred to in the above clause 14.1, we grant you a period of one month from the date of the Shipment Confirmation for returning the products (excepting the products mentioned in clause 14.3 below, when the right to cancel the order is excluded).
If you send the products back within the contractual withdrawal period, but after the legal period has expired, you will only be refunded the amount paid for the products in question. You will be responsible for the direct costs of returning products if the return does not take place via a courier sent by us (where applicable).
You may exercise your right of withdrawal in accordance with the above clause 14.1. However, if you notify us of your intention to withdraw from the Contract after the expiration of the legal period of exercise of the right of withdrawal, you will deliver back our products, in any case, within one month from the date of the Shipment Confirmation.
14.3 Common provisions
You cannot cancel a Contract whose subject is the delivery of any of the following products:
i. Sealed products that cannot be returned for health protection or hygiene reasons and that have been unsealed by you after delivery.
Your right to cancel a Contract applies only to products that are returned in the same condition as you have received them. Please return any product using or including its original packaging. You also need to send us all the boxes, labels, instructions/documents (if any) and the original packaging with the returned product.
In any case, you will need to return the products together with the electronic receipt (bill) that was attached to the Shipment Confirmation
No refunds will be made if the product has been used after unsealing, if it is not in the same condition as it was delivered or if it is damaged. Consequently, until the return, the Buyer will behave with the products as a diligent owner.
We will fully review each product returned and we will inform you about the right to be refunded. Delivery costs will be refunded when exercising your right of withdrawal within the legal time limit and when all the products making up that package are returned.
We will refund the amount paid by you as soon as possible, without undue delay and, in any case, no later than 14 calendar days from the date we received the returned products.
14.4 Returning defect products
If you believe that the product is not in compliance with the Contract at the time of delivery, you must contact us immediately in writing at firstname.lastname@example.org to provide you with instructions.
You can return the product by handing it to the courier we will send to your home address/delivery address.
Once we receive the returned product, we will review it completely and let you know by e-mail about the right to replace your product (if it exists) or to get your counter value refunded. Refund or replacement will take place as soon as possible without undue delay and, in any event, within 14 calendar days from the date we confirmed to you by e-mail that you are entitled to a refund or a replacement for the non-compliant product.
Amounts paid for returned products due to any damages or defects, if any, will be fully refunded, including delivery costs related to sending the article and the costs of returning it to us. We will always refund all the money using the same method used to make the payment, except the case when you agreed to another payment method and provided the products are returned within the legal time limit. This provision does not affect your legal rights under the applicable regulations.
15. LIABILITY AND DISCLAIMER OF LIABILITY
The seller cannot be liable for any damages that the buyer or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the Order and for the damages resulting from the use of the Goods after delivery
You will also not be able to claim our liability if the failure to deliver the products ordered or to fulfill any of our obligations under these Conditions is the consequence of the occurrence of a Force Majeure Event as regulated in Article 21 below.
Our liability for any product purchased through our Website is strictly limited to the purchase price of the product.
All product descriptions, information, and materials published on this Website are provided "as such" and without explicit, implicit or otherwise warranties, except as provided by law. In this respect, if you enter into the Contract as a consumer or user, we undertake to deliver products that are in accordance with the Contract and we assume our liability to you for any lack of conformity that exists at the time of delivery. Products are deemed to comply with the Contract if they: (i) comply with the description provided by us and possess the same qualities as we have submitted on this Website; (ii) are appropriate for the purposes for which products of that type are normally used, and (iii) have the quality and performance parameters that are normal for products of the same type and that can reasonably be expected.
Nothing in this clause will affect your legal rights as a consumer and/or user, or the right to withdraw from the Contract.
16. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks, and other intellectual property rights in all materials or content provided as part of this website will still and always belong to us and our licensors. You may use this material only with the prior express consent provided by us or by our licensors. This does not prevent you from using this Website to the extent that it is necessary to make a copy of the data of any order or of the Contract.
17. VIRUSES, HACKING AND OTHER CYBERNETIC VIOLATIONS
Under no circumstances may the user/member use the site in a manner that disrupts public order and contravenes public morality, in an abusive manner or for an unlawful purpose, or which may violate the intellectual and copyright rights of other people. Additionally, the member cannot engage in activities (spam, viruses, Trojans, etc.) and transactions that prevent others from using the services.
By violating this provision, you may commit an offense under the applicable regulations. We will report any such violation to the applicable law enforcement authority and we will cooperate with the appropriate authority to make the hacker's identity public. Also, in the event of such an infringement, your right to use this Website will cease with immediate effect. We will also take all necessary steps to restrict your access to the Website for the maximum period permitted by law.
18. LINKS ON OUR WEBSITE
Our website may contain links to other websites or materials which belong to third parties; such links are provided only for informational purposes and we have no control over the content of these websites and materials. As a consequence, we assume no liability for any loss or damage that may result from the use of such links.
19. WRITTEN COMMUNICATIONS
20. TRANSFER OF THE RIGHTS AND OBLIGATIONS
The contract between us and you is binding for us, for you, but also for our and your successors and agents.
You may not transfer, assign, entail or otherwise alienate a Contract or any of your rights or obligations arising out of it without first obtaining our written consent.
We may transfer, assign, entail, subcontract or alienate in any way the Contract or any of our rights or obligations arising therefrom at any time during the period of the Contract. To avoid any ambiguity, any such transfer, assignment, strike or other alienation will not affect your legal rights as a consumer and will not cancel, reduce or otherwise limit any guarantee that you have given to us in an either express or implicit way.
21. FORCE MAJEURE EVENTS
We will not be held responsible or liable for any breach or delay in fulfilling any of the obligations we have assumed under a Contract if this is caused by events beyond our reasonable control ("Force Majeure Event").
A Force Majeure Event will include any act, event, omission or accident that is beyond our reasonable control.
The performance of our obligations under any Contract will be deemed suspended during the Event of force majeure and we will benefit from an extension of the term to fulfill our obligations equal to the duration of the Force majeure event. We will use our reasonable means to stop the Force majeure event or to find a solution through which we can fulfill our contractual obligations despite the Force majeure event.
If the Force Majeure Event lasts for more than 3 months, the Contract concluded with us will legally end. As a result of the termination of the Contract, we will refund you for all payments received from you, including delivery costs, if applicable (except for additional costs due to choosing a different delivery method than the cheapest standard delivery type offered by us) without undue delays and in any case no later than 14 calendar days from the date we consider this Contract to be terminated.
If, at any time during the term of the Contract, we fail to insist on your strict performance of the obligations arising out of a Contract or any of these Conditions and/or we omit to exercise any of our rights or to formulate the appeal means we are entitled to under this Contract or these Conditions, this doesn't mean we waive these rights or remedies and will not exonerate you from complying with the obligations in question.
Our waiver regarding any failure to fulfill an obligation will not constitute a waiver on our part for any further non-fulfillment of the obligations arising from the Contract or the Conditions.
Our waiver of any of these Conditions or any right or appeal means arising from the Contract will not be effective unless it is expressly stated that this is a waiver and you are notified in writing about it.
23. PARTIAL CANCELLATION OF CONTRACTUAL PROVISIONS
If a competent authority considers that any of these Conditions is null, non-legal or unenforceable or that any provision in a Contract is null and non-legal or unenforceable to a certain extent, the term, condition or provision shall be separated to the extent determined by the rest of the terms, conditions, and provisions, and the latter will continue to take effect to the maximum extent permitted by law.
24. INTEGRALITY OF THE CONTRACT
These Conditions and any expressly referenced document constitute the integral agreement between you and us in relation to the subject matter of any Contract and replace any other agreement or any other prior or verbal arrangement between you and us.
Both we and you declare that by concluding this Contract, neither you nor ourselves have relied on any statement, commitment or any promise made by the other or implicit party about anything that has been or may be said or written during the negotiations between you and us prior to the conclusion of this Contract, excepting the situations expressly stated in these Conditions.
Neither you nor us have the right to use appeal means in case of any untrue verbal or written statement of the other party before the date of the conclusion of any Contract (unless such an untrue statement was made in a fraudulent way), and the other party has the right to appeal only in case of breach of the contract, as set in these Conditions.
25. OUR RIGHT TO MODIFY THESE CONDITIONS
We have the right to revise and modify these Conditions on an occasional and discretionary basis.
26. APPLICABLE LEGISLATION AND JURISDICTION
Use of our Website and Contracts for the purchase of products made through this Website will be governed by Romanian law
Any dispute arising out of or in connection with the use of the Website or in connection with such Contracts shall be subject to the jurisdiction of the Romanian courts.
If you enter into the contract as a consumer, nothing in this clause will affect your legal rights provided in the local law in force.
The last update was made on 21.03.2019