General terms and conditions regarding the contractual relations between consumers and ACTORS ANONYMOUS SRL
The terms and conditions below regulate the relations between you, as a consumer, and the undersigned ACTORS ANONYMOUS SRL, a Romanian legal entity, based in ALEEA ARINII DORNEI, NR.2, BL.27, SC. A, ET.3, AP.16, SECTOR 6, BUCHAREST, ROMANIA, registered in the Trade Register attached to the Bucharest Court under no. J40/9628/2016, having registration code 36318880, as seller, hereinafter referred to as the "Seller".
You, as a consumer, natural person, declaring that you are over 18 years old, hereinafter referred to as the "Buyer", purchase from the Seller the products distributed by it, in consideration of these general terms and conditions ("GTC"). Therefore, you have all the rights and obligations provided in the GTC and the Agreement (as this term is defined below).
Hereinafter, Seller and Buyer are referred to as the "Party" and collectively as the "Parties".
These GTCs are drafted taking into account
A. the provisions of Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing certain normative acts ("GEO 34/2014"),
B. Buyer's order addressed to the Seller for the purchase of the Product / Products (term defined below),
C. the fact that, as a result of the Buyer's Order, a distance sale-purchase contract was concluded between him and the Seller according to the provisions of GEO 34/2014 and the Romanian Civil Code,
D. GTCs are published by the Seller on its website ACTORS-ANONYMOUS.RO/ in section ACTORS-ANONYMOUS.RO/termene-si-conditii and have been accepted by the Buyer following the placement of the Order,
E. according to the provisions of Art. 8 para. (6) and para. (7) of GEO 34/2014, the Buyer confirms that he has received the Contract together with the ordered Product / Products;
F. according to the provisions of Art. 8 par. (9) of GEO 34/2014, the contract between the Seller and the Buyer at a distance is concluded when the Seller has accepted the Buyer's Order, so that the GTC represents the material support containing the contractual conditions agreed by the Buyer at the time of placing the Order to the Seller.
I. Definitions
The terms below shall have the meaning according to the related definition, the GTC does not expressly establish in the Contract another definition or, if after the conclusion of the Agreement the Seller publishes on its website ACTORS-ANONYMOUS.RO/ in section ACTORS-ANONYMOUS.RO/termene-si-conditii another definition.
a. Warranty Certificate – the warranty certificate delivered by the Seller in the Package, together with the Product / Products ordered by the Buyer and specifying the conditions for granting the warranty and the Warranty Term; As an exception, it may be offered electronically by e-mail or by download from the Seller's website, depending on the Product. In situations where the Warranty Certificate does not accompany the Product upon delivery, the Buyer may obtain a copy of it free of charge upon simple request in electronic or material format, as it is useful;
b. Parcel – the protective packaging in which the Product or Products are delivered by the Seller to the Buyer. For clarity, the Package may differ from the original packaging of the Products;
c. Order – the Buyer's request addressed to the Seller by telephone and / or through the Seller's website or placed by e-mail, to purchase a certain Product or several Products distributed or sold by the Seller;
d. consumer - any natural person or group of natural persons formed in associations, as defined in Article 2 point 2 of Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and completions ("GEO 21/1992"); If the Buyer is a natural person, he has the quality of consumer;
e. Contract (ul) – means distance sale-purchase contract, concluded between the Seller and the Buyer within an organized distance sales system, in this case by telephone or via the Internet, without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication, up to and including when the Contract is concluded, under which the Seller transfers or undertakes to transfer ownership of Products to the Buyer and the latter pays or undertakes to pay the price thereof, including any contract having as its object both products and services; these GTCs are an integral part of the Contract;
f. Date of Conclusion of the Contract – the date on which the Seller expressly accepted and undertook to execute the Buyer's Order;
g. 'date of minimum durability ' means the date set by the manufacturer until which a Food retains its specific characteristics under appropriate storage conditions; products for which the date of minimum durability is set are not dangerous even after that date;
h. Declaration of Conformity - the declaration made by the manufacturer by which he informs, on his own responsibility, that a Product or service complies with a normative technical document;
i. distributor - any economic operator in the marketing chain, whose activity does not influence the security features of the Product. For clarity, the Seller is basically a distributor in relation to you;
j. Average Duration of Use - the period of time, established in normative technical documents or declared by the Manufacturer, within which durable products must maintain their functional characteristics, if the conditions of transport, handling, storage and operation have been observed;
k. commercial guarantee - any commitment from the professional or a producer (as guarantor) to the consumer, in addition to the legal obligations provided in Articles 5-14 of Law no. 449/2003 on the sale of products and associated guarantees, republished, with subsequent amendments and completions ("Law 449/2003"), relating to the legal guarantee of conformity, to reimburse the price paid or to replace, repair or maintain the products in any way if they do not meet the specifications or any other requirement in the warranty statement or in the relevant advertising available at the time of, or prior to, the conclusion of the contract, which requirement is not related to conformity;
l. legal guarantee of conformity - the legal protection of the Buyer resulting from the effect of the law in relation to the lack of conformity, representing the legal obligation of the Seller to the Buyer, without requesting additional costs, to bring the Product into conformity, including the refund of the price paid by the Buyer, repair or replacement of the Product, if it does not meet the conditions set forth in the warranty statements or in advertising Related;
m. Product - any tangible movable property distributed and delivered by the Seller and which has been ordered by the Buyer, so that the parties have concluded the Contract;
n. products made to the Buyer's specifications - any products that are not prefabricated, made on the basis of individual options or the customer's decision. The seller does not distribute such products;
o. The Products are in conformity with the Contract if one of the following conditions is met: (i) they correspond to the description made by the Seller and have the qualities described on the Seller's website and/or mentioned in the Seller's advertising spots and/or in the Declaration of Conformity and/or on the Product prospectus, as the case may be; (ii) correspond to any specific purpose requested by the Buyer, purpose made known to the Seller and accepted by him at the conclusion of the Contract; (iii) fit for the purposes for which Products of the same type are normally used; (iv) being of the same type, has parameters of normal quality and performance, which Buyer may reasonably expect, given the nature of the Product and public statements regarding its concrete characteristics, made by the Seller, the Manufacturer or its representative, in particular by advertising or by inscription on the label of the Product. There shall be no lack of conformity if at the time of conclusion of the Contract, or before delivery to the Buyer of the Product, the latter knew or could not reasonably have been unaware of this lack of conformity or if the lack of conformity originates from materials provided by the Buyer;
p. Product with Defects - the Product for which the presentation, foreseeable use and date of purchase do not provide safety, causing damage to the Buyer;
q. Durable Product - the relatively complex product, consisting of parts and subassemblies, designed and built to be used during the average period of use and on which repairs or maintenance activities can be performed;
r. 'safe product ' means a product which, when used under normal or foreseeable conditions, as indicated by the manufacturer, presents no or minimal risks, taking into account its use; the risk shall be considered acceptable and compatible with a high degree of protection for the safety and health of consumers, depending on the following aspects: (i) the characteristics of the Product, packaging and installation and maintenance instructions; (ii) the effect on other Products with which it may be used; (iii) the presentation of the Product, labelling, instructions for use and any other indications and information provided by the manufacturer; (iv) the category of consumers at risk from the use of the Product;
s. Manufacturer - the manufacturer of the Product purchased by the Buyer and distributed by the Seller. However, the producer may also be any other person who imports a product for sale, rental, purchase or other disposal in the course of his own marketing activity within the company, being considered its producer and liable to the same extent as the producer;
t. professional - any natural or legal person, public or private, acting in the course of its commercial, industrial or production, craft or liberal activity in connection with contracts, as well as any person acting for the same purpose, in its name or on its behalf;
u. repair - in case of lack of conformity, means bringing the Product into conformity with its technical specifications published on the Seller's website and which the Buyer knew when placing the Order;
v. Warranty term - the time limit, which runs from the date of acquisition of the Product until which the manufacturer assumes responsibility for remedying or replacing the Product at its own expense, if the deficiencies are in no way attributable to the Buyer;
w. Shelf Life - the time limit, established by the manufacturer, up to which a perishable Product or a Product that may shortly pose an immediate danger to the Buyer's health retains its specific characteristics, if the conditions of transport, handling, storage and storage have been observed; for food products this is the use by date;
x. Carrier – the company that provides transport services and delivers the Package to the Buyer
y. Seller – subscribed, namely the distributor who offers the Product to the Buyer;
z. Hidden Vice - qualitative deficiency of a Product delivered to the Buyer that was not known and could not be known by the Buyer by the usual means of verification.
II. Buyer Information[1]
2.1 The Buyer, by placing the Order, declares that prior to concluding the Contract, given that it is concluded at a distance, he was informed by the Seller about all aspects regarding the contractual relations between the Parties, as well as about the Products.
2.2 For this purpose, the Seller has published on its website ACTORS-ANONYMOUS.RO/ all the information provided by the relevant legislation in the field, and also the Buyer declares that it has become aware of this information. Therefore, the Buyer declares that the information has been provided by the Seller in a clear and intelligible manner, the Buyer also declares that he knows, understands and assumes:
2.2.1 the main characteristics of the Products;
2.2.2 the identity of the Seller and how to contact him;
2.2.3 the fact that if the Buyer contacts the Seller by phone to conclude the Contract, the latter has communicated to the Buyer his identity as well as the identity of the Seller's operator who takes over the Order. Also, in these situations, the Seller has confirmed its offer to the Buyer and the latter has expressed his consent to conclude the Contract, according to the telephone conversation that is recorded or by any other means by which the Buyer's consent can be retained and kept;
2.2.4 The total price (as defined in these GTCs) of the Products with all taxes included and, where applicable, all additional costs of transport, delivery, postage or any other nature or, bank charges and charges, all of which shall be borne by the Buyer;
2.2.5 the fact that the conclusion of the Agreement implies a payment obligation on the part of the Buyer;
2.2.6 the period of validity of the offer or prices;
2.2.7 basic tariff for the use of means of distance communication in order to conclude the Contract;
2.2.8 the methods of payment, delivery, execution, the date by which the Seller undertakes to deliver the Products;
2.2.9 delivery of Products is made only on the territory of Romania;
2.2.10 the Seller's procedure for solving Complaints, provided in these GTCs;
2.2.11 the conditions for exercising the Buyer's Right of Withdrawal, including the fact that in case of exercising the Right of Withdrawal, the Buyer will pay the cost of returning the Products, respectively, without limitation, costs with transporting the Product for return, postal fees, and any costs related to the total or partial use of the Product, as well as any costs incurred by the Seller in accordance with Art. 14 par. (3) of GEO 14/2014[2];
2.2.12 the conditions of the legal guarantee and warranty regarding the conformity of the Products and their repair or replacement;
2.2.13 the possibility and manner in which the Buyer can address the National Authority for Consumer Protection ("ANPC");
2.2.14 the possibility of the Buyer to propose certain contractual conditions on which the Parties may freely dispose and at least in terms of its information by sending an e-mail to the Seller at the address RUX.ELENA@YAHOO.COM;
2.2.15 the contractual information is presented in Romanian in an accessible form, so that they have been easily understood by the Buyer. Also, the Buyer accepts and understands that the packaging, label and / or package leaflet of the Products may be presented in other languages alongside Romanian;
2.2.16 The Seller will transmit the Contract to the Buyer at the time of delivery of the Products;
2.2.17 the moment of conclusion of the Contract is the moment of confirmation, on a durable medium, by the Seller of the acceptance of the Order sent by the Buyer.
III. Object of the GTC
3.1 The object of the GTC consists in exposing extensively the rights and obligations of the Parties once they enter into contractual relations, in particular with regard to (i) the purchase of the Product or Products by the Buyer according to his Order and the payment of the Price for them to the Seller and (ii) the transfer of ownership of the Product or Products from the Seller to the Buyer.
3.2 The order is placed by the Buyer in one of the following ways:
3.2.1 by phone call to telephone lines published in any way by the Seller (online, through written press, through TV advertising, including teleshopping spots. The list is not exhaustive). The Buyer pays the price of the phone call at the basic tariff, according to the grid of the Seller's telephone provider;
3.2.2 through the Seller's online platform, namely through its website ACTORS-ANONYMOUS.RO/, following the steps provided on the site. Own costs for connecting to the internet for placing the Order online are borne by the Buyer;
3.2.3 through the contact/email/chat form available on the Seller's website ACTORS-ANONYMOUS.RO/. Own costs for connecting to the internet for placing the Order in these ways are borne by the Buyer.
3.3 The Seller has the right to refuse the Buyer's Order or Orders, either for objective reasons (exemplifying and not limiting, the presumption of fraud, the Buyer is a minor person, the Products are not in the Seller's stock and will not be for another 30 days from the date of the Order) or for reasons related to the Seller's commercial strategies. The parties understand and agree that all provisions of the Agreement are and remain perfectly valid for the sale of a Product that was presented as a replacement Product to the one in the video presentation, if this was accepted in the order by the Buyer, as a result of the Seller's stock exhaustion of Products identical to those in the video presentation.
3.4 The Buyer, at the Date of Conclusion of the Contract, knows and accepts that (i) placing the Order gives rise to an obligation to pay and (ii) knows all costs related to the Order, including, but not limited to, the Sale Price, delivery costs, costs regarding the bank transfer of the price of the Products. These matters are provided in the GTCs published by the Seller and online: ACTORS-ANONYMOUS.RO/termene-si-conditii.
3.5 The Seller also undertakes the obligation to deliver the Product / Products to the Buyer at the address mentioned by the latter in the Order ("Delivery Address"). If the Buyer changes the Delivery Address, he has the obligation to inform the Seller about this before the Seller has handed over the Product / Products to the Carrier to be delivered to the Buyer. Otherwise, the Seller will be considered to have fulfilled its delivery obligation, and the Buyer will pay the equivalent value of the transport for the delivery of the Product / Products to the new address communicated by the Buyer, after placing the initial Order.
3.6 Ownership of the Product or Products from the Seller to the Buyer transfers at the time of payment by the Buyer of the Price of the Product(s) ordered and delivered by the Seller.
3.7 The risk of loss of or damage to the Products passes to the Buyer when it or a third party designated by it, other than the Carrier, takes physical possession of the Products. However, the risk passes to the Buyer at the time of delivery of the Package by the Seller to the carrier, if the carrier has been commissioned by the Buyer to transport the Package, without prejudice to the rights of the Buyer against the carrier contracted by the latter[3].
IV. Sale price. Parcel delivery
4.1 The sale price consists of the total price that Buyer pays for the ordered Product(s) (the "Price"). The price can be paid in one of the following ways provided on the Seller's website (ACTORS-ANONYMOUS.RO/): (i) by cash on delivery at the time of delivery of the Package or (ii) online on the Seller's website using a bank card accessed by the payment platform contracted by the Seller. For the avoidance of doubt, the costs of placing the Order, in any way, the costs of delivery otherwise or through a carrier other than the one chosen by the Seller, costs related to payments by bank transfer, without the enumeration being limiting, are borne by the Buyer. The latter is aware of this, made public by the Seller on its ACTORS-ANONYMOUS.RO/termene-si-conditii website, and which are known and accepted before the Date of Conclusion of the Contract by the Buyer at the time of placing the Order.
4.2 The price shall be deemed to have been paid as follows:
4.2.1 in case of payment of the Price by cash on delivery, at the time when the Carrier collects the Price and issues the receipt to the Buyer, and
4.2.2 in case of online payment by bank card, at the time of crediting the Seller's bank account with the Price paid by the Buyer.
4.3 To the extent that additional payments to the Price may occur, the Seller shall request the Buyer's explicit consent to the Buyer's bearing of such additional payments. Communication will be made through the e-mail addresses of the Parties or by telephone and then confirmed in writing by the Parties on a printable medium, and must occur prior to the Date of Conclusion of the Contract. If the Buyer unequivocally declares, or which could reasonably be considered unequivocal, that it does not accept these additional payments, the Contract will not be concluded and therefore the Seller will refuse the Buyer's Order.
4.4 The Seller shall report to the competent authorities any payment made fraudulently, in particular through online operations, communicating to the authorities any data it holds about the Buyer. In any situation, the Seller will comply with the provisions of Law 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts and applicable to it, as well as any normative acts related to it.
4.5 The delivery of the Package is free for the Buyer anywhere in Romania. Delivery details are provided on the Seller's website in the "delivery information" section: ACTORS-ANONYMOUS.RO/. The seller does not deliver packages outside Romania.
4.6 The Seller may deliver to the Buyer all Products ordered simultaneously (usually in the same Package) or in several successive deliveries, especially if a particular Product is not in stock at the time of delivery, or if the Seller considers that in relation to its commercial strategy, successive delivery is more advantageous to the Parties.
4.7 If the Buyer changes his Delivery Address, he has the obligation to inform the Seller about this before the Seller has handed over the Product / Products to the Carrier to be delivered to the Buyer. Otherwise, the Seller will be deemed to have fulfilled its delivery obligation and the Buyer will pay the equivalent value of the transport for the delivery of the Product / Products to the new address communicated by the Buyer.
4.8 The Seller is free to choose any Carrier for delivery of the Package to the Buyer. To the extent that the Buyer chooses a particular carrier himself, then the price of delivery of the Package will be borne by the Buyer.
4.9 The Seller must deliver the Products to the Buyer no later than 30 days from the Date of Conclusion of the Contract, without undue delay.[4] If the Package is not delivered to the Buyer within the previously specified period due to the Seller's fault, the Buyer may request the Seller to deliver the Package within a new period of no more than 30 days from the date of the request. To the extent that even within this period the Seller does not deliver the Product / Products to the Buyer due to its exclusive fault, the Buyer has the right to terminate the Contract.
4.10 In case of termination of the Contract due to the fault of the Seller, the Seller will refund to the Buyer the Price if it has been paid by the Buyer online on the Seller's website, within 7 calendar days from the date on which the Buyer communicated in writing to the Seller its decision to terminate the Contract. The contract is terminated automatically without any other formality on the date on which the Seller has returned the Price to the Buyer and the Buyer has refunded the Product (if this is possible according to the GTC). Otherwise, if you have opted for the payment of the Cash on Delivery Price, the Contract is terminated automatically on the date on which the additional delivery term expires. For the avoidance of doubt, the expression "by operation of law" refers to the termination of the Contract as a result of legal termination, without the Parties fulfilling any other formality, prior procedures (except those required by specific legislation, as the case may be), the intervention of any court or authority (except those imposed by specific legislation, as the case may be).
4.11 If the Buyer expressly communicates to the Seller by e-mail at RUX.ELENA@YAHOO.COM address when placing the Order that the delivery of the Products must be made within an essential time for the Buyer, emphasizing this fact concretely, the delivery term will not exceed 30 days from the Date of Conclusion of the Contract, if the Seller has expressly accepted that he understands that the delivery time is essential for the Buyer. To the extent that the Seller will not be able to meet the delivery term in this context, the Buyer may request the automatic termination of the Contract. The provisions of Art. 4.10 above are applicable.
4.12 The right to terminate the Agreement by the Buyer does not remove other rights that the Parties have and that they could exercise against the other Party in relation to the applicable legal provisions in the field of consumer law and / or the moment at which it intervenes, in relation to the provisions of the Agreement and the GTC.
V. Buyer's right of withdrawal[5]
5.1 Except for the cases provided for in Art. 16 of GEO 34/2014[6], the Buyer is entitled to a period of 14 calendar days to withdraw from the Contract ("Right of Withdrawal"), without having to justify the withdrawal decision and without incurring costs other than those provided and established in the Contract. The Buyer, prior to concluding the Contract, has been informed by the Seller and thus knows the conditions for exercising the Right of Withdrawal available on ACTORS-ANONYMOUS.RO/termene-si-conditii. Thus, the Buyer declares and acknowledges that he was informed by the Seller about the Right of Withdrawal, as well as that he had prior to the conclusion of the Contract, and still has, during the execution of the Contract, all means to address to the Seller any questions regarding the exercise of the Right of Withdrawal. Moreover, the Right of Withdrawal is specifically provided for in the Contract concluded with the Seller and delivered to the Buyer in the Package.
5.2 The term of 14 days is calculated from the date of receipt of the Package by the Buyer ("Return Term"). The return term will be calculated separately for each delivery of the Packages in case of successive delivery of the Products that were the subject of a single Order.
5.3 Throughout the Return Term, the Parties will fulfill their contractual obligations.
5.4 When the Buyer decides to exercise his Right of Withdrawal, he will inform the Seller in this regard, within the Return Term, through a clear, concise and unequivocal statement, in one of the following ways:
5.4.1 by a written notification sent to the Seller at the address in ALEEA ARINII DORNEI, NR.2, BL.27, SC. A, ET.3, AP.16, SECTOR 6, BUCHAREST, ROMANIA;
5.4.2 by e-mail to RUX.ELENA@YAHOO.COM;
5.4.3 by filling in the online return form by accessing ACTORS-ANONYMOUS.RO/.
5.5 The Seller will communicate by e-mail to the Buyer the confirmation of receipt of the Buyer's notification regarding the latter's exercise of the Right of Withdrawal. If the Buyer declares that he does not have a valid e-mail address, telephone confirmation is sufficient if the Buyer does not expressly request confirmation in writing, by letter sent by post or courier.
5.6 When the Buyer exercises its Right of Withdrawal, the Seller will have the following obligations:
5.6.1 to reimburse the Buyer the Price no later than 14 days from the date on which the Buyer informed the Seller about the exercise of the Right of Withdrawal, after the Seller has confirmed receipt of this information according to the contractual provisions and only after the Seller has received the Products returned by the Buyer, if the returned Products are not taken over by the Seller directly. If the returned Products are taken over by the Seller, according to the Buyer's option expressed at the time of exercising the Right of Withdrawal, then the 14-day period for the refund of the Price runs from the date on which the Seller confirmed the Buyer's notification of withdrawal from the Contract;
5.6.2 the reimbursement of the Price will be made by bank transfer to the account indicated by the Buyer at the time of exercising the Right of Withdrawal. The Buyer declares that he understands and accepts this method of reimbursement even if he has paid the Price by cash on delivery, being informed about it by the Seller prior to the conclusion of the Contract by the Seller. If the Buyer declares that he does not hold a bank account in lei, opened at a banking unit in Romania, then the refund of the Price can be made personally at the Seller's cashier, or by postal order TO CONFIRM. In case of impossibility to comply with the above, the Parties shall jointly identify a reasonable way to reimburse the Price.
5.6.3 to send to the Carrier the order for taking over the Products returned by the Buyer, if the latter has opted for this purpose with the exercise of the Right of Withdrawal;
5.6.4 to check the returned Products and, to the extent that they have not been returned by the Buyer under the Contract, to (i) communicate to him the aspects found and (ii) to communicate the diminished value of the Price ("Diminished Price"), respectively the Price minus the cost incurred by the Seller to bring the Product in the form in which it was handed over to the Buyer, in case of its use or damage. The Seller shall refund to the Buyer only the Diminished Price.
5.7 In case of exercising the Right of Withdrawal, the Buyer has the following obligations:
5.7.1 return the Products he wishes to return to the Seller no later than 14 days from the date on which the Buyer communicated to the Seller his decision to withdraw from the Contract. For clarity, the deadline set forth herein is met if the Products are sent back to the Seller by the Buyer before the expiry of the 14-day period;
5.7.2 to pay the cost of returning the Products in the amount of 20 lei, to the extent that the Buyer opted for their takeover by the Seller, or any other amount, when he opted to use the services of other transport companies or chose any other way of returning the Products. This information has been brought to the attention of the Buyer according to the GTC, prior to the conclusion of the Contract, so that the Buyer declares that he understood, accepted and assumes them in full;
5.7.3 to return the Products he wishes to return under the same conditions in which he received them, in the original packaging, accompanied by all labels, leaflets and any other documents accompanying the Products as well as the Contract signed together with a written request containing the reasons for withdrawal;
5.7.4 return any Products received as a gift from the Seller as a result of the Order;
5.7.5 to return the documents accompanying the Products, respectively (but not exhaustive) warranty certificates, declarations of conformity, etc., except for the Contract and the fiscal invoice for the Products, as the case may be;
5.7.6 to bear the decrease in the value of the Products and, as a result, to receive the Reduced Price, as the case may be.
5.8 As a result of exercising the Right of Withdrawal and after the Products have been received by the Seller, the Contract terminates by right. Also, any other contractual relations, as the case may be, ancillary to the Contract will cease.
VI. Product warranties
6.1 Products distributed by Seller to Buyer are warranted under the conditions provided by their Manufacturer (the "Warranty"). For the avoidance of doubt, the Guarantee refers to the guarantee of conformity as defined in the GTC and does not include the commercial guarantee as defined above.
6.2 The Seller offers Warranty only to Products that in relation to their nature may have such a warranty. More specifically, Food / nutritional supplements and Cosmetics distributed by the Seller do not benefit from the Warranty. These, insofar as there is a reason for their return without the Right of Withdrawal being applicable, will be replaced by the Seller with other identical Products and delivered to the Buyer, after the latter has returned to the Seller the first Products ordered (together with all documents and other possible gifts received), no later than 14 days from the date on which the Buyer communicated to the Seller the reasons why the Products should be replaced, at the Seller's address in ALEEA ARINII DORNEI, NR.2, BL.27, SC. A, ET.3, AP.16, SECTOR 6, BUCHAREST, ROMANIA. After the Seller receives the Products, he will check them and to the extent that the replacement is required (more precisely, the reasons for the replacement have nothing to do with any fault of the Buyer), will replace the Products and will deliver to the Buyer identical new Products, within 15 days from the date on which the Seller was notified of the reasons for which a possible replacement would have been imposed. For the avoidance of doubt, the Food / nutritional supplements and the Cosmetics distributed by the Seller are replaced only if they reach the Buyer with defects, the latter not being able to use them in any situation (for example: The Product is unsealed, broken, broken, etc.).
6.3 The warranty concerns the conformity of the Products with their specifications presented by the Seller publicly, regardless of the means of communication (online, television, etc.).
6.4 The Products are in conformity with the Contract if one of the following conditions is met: (i) they correspond to the description made by the Seller and have the qualities described on the Seller's website and/or mentioned in the Seller's advertising spots and/or in the Declaration of Conformity and/or on the Product prospectus, as the case may be; (ii) correspond to any specific purpose requested by the Buyer, purpose made known to the Seller and accepted by the latter at the conclusion of the Contract; (iii) fit for the purposes for which Products of the same type are normally used; (iv) being of the same type, has parameters of normal quality and performance, which the Buyer may reasonably expect, given the nature of the Product and public statements regarding its concrete characteristics, made by the Seller, the Manufacturer or its representative by telephone, in particular by advertising or by inscription on the label of the Product. There shall be no lack of conformity if at the time of entering into the Agreement the Buyer knew or could not reasonably have been unaware of this lack of conformity or if the lack of conformity originates from materials provided by the Buyer.
6.5 The Seller is not liable for the public statements provided for in Art. 6.4 point (iv) above, in any of the following situations, if (i) he did not know and could not reasonably have known of the statements in question; (ii) the statement was corrected at the time of conclusion of the Contract or (iii) the Buyer's decision to purchase the Product on which the declarations were made, could not be influenced by the public statements in question.
6.6 To the extent that the Product purchased by the Buyer involves an installation procedure, any lack of conformity resulting from an incorrect installation of the Product shall be considered equivalent to a lack of conformity thereof, only if the installation was carried out by the Seller or under the latter's responsibility. The Seller assumes no obligation to install any Product.
6.7 The installation of the Product is done exclusively by the Buyer according to the installation instructions accompanying the Product, as they can be found on the Seller's website, and if the Product becomes non-compliant as a result of installation by the Buyer, the Seller will not be held liable under any circumstances for any alleged or not lack of conformity. The Seller shall be liable for the lack of conformity proved by the Buyer in this case, only if the installation made by the Buyer was incorrect as a result of a deficiency in the installation instructions accompanying the Product.
6.8 If the Product has Defects, the Buyer will inform the Seller in writing about this, detailing in concrete terms what the lack of conformity consists of, within 4 calendar days from receipt of the Package by the Buyer. If the Product has a Hidden Vice, then the aforementioned term will be calculated from the date on which the Buyer discovered the Hidden Vice. The Buyer shall explain to the Seller its impossibility to discover the Hidden Defect earlier at the time of its communication to the Seller regarding its discovery ("Complaint"). Failure to comply with the terms set forth herein entitles Seller to refuse to take Remedies (defined below).
6.9 The complaint will be communicated by the Buyer to the Seller (i) either by postal or courier services at the Seller's address in ALEEA ARINII DORNEI, nr.2, BL.27, SC. A, ET.3, AP.16, SECTOR 6, BUCHAREST, ROMANIA, (ii) either by e-mail to RUX.ELENA@YAHOO.COM.
6.10 The complaint shall include at least the following elements: (i) the identification data of the Buyer; (ii) Order number; (iii) the date of receipt of the Package by the Buyer; (iv) Defective Product or Products; (v) description of the alleged defects in as much detail as possible, possibly accompanied by photographs of the Defective Product(s); (vi) requiring the Buyer to replace such Products with identical ones without defects or to repair them; (vii) the signature of the Buyer and (viii) the date of the Complaint. Complaints that do not contain the elements provided above will not be considered by the Seller. However, Seller may elect to ask Buyer for missing details in the Complaint. For the avoidance of doubt, this does not exclude or limit the Seller's right to request further details from the Buyer regarding the Complaint. The Buyer's refusal to provide the Seller within the period specified by him, or within a reasonable time from the date of the request (i.e. not exceeding 7 calendar days), these details constitute a waiver of the Claim. The absence of a response from the Buyer is considered refusal to respond to the Seller's requests.
6.11 The Buyer by Complaint may request from the Seller (i) the replacement of the Product(s) with a Defect or (ii) their repair free of charge throughout the term of the Warranty if they are Durable Products ("Reparations").
6.12 Buyer shall not be able to require Seller to take Remedies if they are impossible or disproportionate. Remedies are considered impossible if Seller cannot provide identical Products for replacement (or spare parts for repair, as the case may be), including due to lack of machinery or related technology. The Remedies are considered disproportionate if they impose costs on the Seller that are unreasonable compared to other measures taking into account, cumulatively, (i) the value that the Products would have had had it not been for the lack of conformity; (ii) the significance of the lack of conformity and (iii) whether other remedies could be achieved without significant inconvenience to Buyer.
6.13 The Seller shall take the Remedies within 15 calendar days from the date on which, as the case may be, (i) the Buyer has communicated to the Seller the Complaint for the repair of the Durable Products or (ii) the Seller has received the Defective Products for which the Buyer has opted for their replacement. For clarity, in the case of Durable Products, the Buyer may claim their replacement only after having previously requested the Seller to repair them within the Warranty, and after repair the Product has failed again without any fault on the part of the Buyer. The Parties may agree on another deadline for the implementation of the Remedies Measures, but not exceeding the 15-day period calculated according to this article. The Buyer has the obligation to transmit the Products to the Seller for repair. The 15-day period will run after the Buyer sends the Products to the Seller for repair.
6.14 Reasonable and reasonable remedies are made at no cost to Buyer, costs necessary to bring the Products into conformity or replace them, including postage, transportation, handling, diagnosis, expertise, disassembly, assembly, labor, materials used and packaging.
6.15 To the extent that the Seller refuses without any reason to take Remedies, although the Buyer has complied with the contractual terms and conditions of the Complaint, returning, as the case may be, the Products with Defects to be replaced and they have been received by the Seller, the Buyer may demand from the Seller (i) either an appropriate reduction in the Price, (ii) or termination of the Contract, in any of the following cases:
6.15.1 if they do not benefit from the repair or replacement of the Product(s) with a Defect;
6.15.2 if the Seller has not taken the appropriate Remedy within a reasonable period of time other than that provided for in the Contract;
6.15.3 if the Seller has not taken the Remedy within the period provided for in Art. 6.13 above, without significant inconvenience for the Buyer.
6.16 The Buyer will not be able to claim termination of the Agreement if the lack of conformity is minor. The lack of conformity can be considered minor, the enumeration being exemplary, if: the packaging of the Product is degraded without affecting the qualities and properties of the Product, the packaging continues minor erasures that do not affect the Buyer's information about the component and / or installation of the Product, the intensity of the color of the packaging and / or the Product is different from that presented by the Seller.
6.17 In case of termination of the Contract according to the conditions of this chapter, the Seller will refund the Price according to the provisions of the above chapter.
6.18 As a rule, the Warranty Term is the one provided by the Manufacturer. Under no circumstances is the Warranty granted for a period longer than 2 years calculated from the date of delivery of the Product. However, for Products whose Average Duration of Use is less than 2 years, the Warranty Term is automatically reduced to that duration. After the fulfillment of any deadlines provided herein, the Buyer may benefit from Remedies only for Products with Hidden Defects and only if the Buyer has complied with the procedure regarding the complaint of Hidden Defects.
6.19 For the avoidance of doubt, the Warranty within the terms mentioned above is granted only for Products which, by their nature, can benefit from such a guarantee. More specifically, food products/food supplements and cosmetics distributed by the Seller are excluded.
6.20 The Warranty term is extended by the duration of the Remedies calculated from the date on which, depending on the Remedy undertaken:
6.20.1 The Seller has received the Defective Product(s) to replace them and until the date of receipt of the new Products by the Buyer,
6.20.2 The seller repaired the Durable Products.
6.21 The commercial guarantee is granted for Durable Products distributed by the Seller only to the extent that the legislation in force provides such an obligation for producers. Therefore, this guarantee could be granted by the manufacturer, according to the warranty certificate issued/transmitted by the latter.
VII. Rights and obligations of the Parties
7.1 The parties understand and undertake to fulfill their obligations and exercise their rights provided for in these GTCs, in the Contract and/or in relevant normative acts, in good faith.
7.2 The buyer, as a natural person possessing correlative rights and obligations, has the following rights:
7.2.1 the right to order and receive the ordered Products within the Delivery Term;
7.2.2 The Right of Withdrawal under the conditions provided in the GTC and in the Contract;
7.2.3 the right to reasonably complain about any non-conformity of the delivered Products;
7.2.4 the right to benefit from Remedies under the conditions provided in the GTC;
7.2.5 the right to change the Delivery Address by notifying the Seller according to the Agreement and respecting the provisions regarding the cost of this change within the GTC;
7.2.6 the right to receive, under the terms of the GTC and the Contract, the Price or the Reduced Price, as the case may be, in case of returning the Products to the Seller in compliance with the other provisions of the GTC and the Contract;
7.2.7 the right to reasonably request from the Seller and to receive from him, free of charge, additional information regarding the Products and their use;
7.2.8 the right to address ANPC on matters related to the Contract, under the law;
7.2.9 the right to unilaterally terminate or terminate the Agreement;
7.2.10 the right to request the deletion of personal data after they have been processed by the Seller.
7.3 The buyer has the following obligations:
7.3.1 the obligation to place Orders with the real intention to purchase the Products distributed by the Seller;
7.3.2 the obligation to provide the Seller correctly and completely with the details of the Order and the details of the Delivery Address, as well as the details of its identity;
7.3.3 the obligation to receive and diligently check each ordered Product as well as the Package;
7.3.4 the obligation to pay the Price, as well as any other amounts provided herein and under the terms of the Contract;
7.3.5 the obligation to complain to the Seller according to the GTC about any lack of conformity and / or any Hidden Vice of one or more ordered Products, as well as its options as the case may be;
7.3.6 the obligation to allow the Seller to take Remedies;
7.3.7 the obligation to return the Products for any reason, in the condition in which he received them, if this is allowed under the GTC and this is his intention;
7.3.8 the obligation to request additional information from the Seller regarding the ordered Products to the extent that it justifiably considers that it needs that information. For clarity, this information must refer to the protection of the life, health and safety of the Buyer and which, although communicated by the Seller prior to the conclusion of the Contract, could not be understood by the Buyer.
7.4 The seller has the following rights:
7.4.1 the right to refuse the Buyer's Order and/or Orders, according to the GTC;
7.4.2 the right to choose any Carrier for delivery of the Package;
7.4.3 the right to receive the Price, as well as any other amounts incumbent on the Buyer, in accordance with these GTCs and those provided in the Contract;
7.4.4 the right to withhold any amounts due and to refund to the Buyer only the Diminished Price, according to the GTC and the Contract in case of reimbursement of the Products under the conditions agreed in the GTC and in the Contract;
7.4.5 the right to have the Products returned in the condition in which they were delivered together with all documents and / or gifts offered to the Buyer at the time of delivery of the Package;
7.4.6 the right to process, process, transfer and save the personal data of the Buyer, according to the policy presented on the Seller's website;
7.4.7 the right to refuse to take Remedies under the conditions set out in the GTC;
7.4.8 the right to request and receive from the Buyer any information necessary to fulfill contractual obligations; the unjustified refusal of the Buyer to provide this information, absolves the Seller of fault for any damages suffered by the Buyer and / or any other third party (natural or legal person, regardless of nationality and / or form of organization and regardless of whether it is an authority, institution, autonomous company or in any other way controlled by the state or private);
7.4.9 the right to modify the content of the website or other websites controlled by the Seller and, to the extent deemed necessary, to inform the Buyer in writing (in any way) about these changes if they concern the GTC, the Contract or would concern future contracts;
7.4.10 the right to send the Buyer information on the Products distributed and or any other news regarding the Seller's activity, for marketing purposes, if at the time of the Order the Buyer has opted for this. The Buyer is aware that he may at any time request the Seller that the latter no longer communicate to him the information provided in this article. Once notified in this regard, the Seller will no longer transmit this information to the Buyer;
7.4.11 the right to transmit to any authority the Buyer's data or any other details related to him, if they have been requested by those authorities in compliance with the legal provisions by these authorities.
7.5 The seller has the following obligations:
7.5.1 the obligation to distribute Products that comply with all relevant legal provisions in relation to their nature;
7.5.2 the obligation to confirm or not the Buyer's Order, in the latter case being obliged to inform the Buyer about the reasons for refusing the Order;
7.5.3 the obligation to deliver the Parcel under the terms of the GTC;
7.5.4 the obligation to receive the Products returned by the Buyer who exercised his Right of Withdrawal, in the condition in which the Seller delivered them;
7.5.5 the obligation to receive within the limits of the GTC, in the condition in which they were delivered by the Seller, the Products returned by the Buyer for the purpose of taking Remedial Measures;
7.5.6 the obligation to take Remedies under the conditions provided in the GTC or, as the case may be, to inform the Buyer about the reasons for not taking Remedies measures;
7.5.7 the obligation to return the ordered Products or other Products, as the case may be, after the implementation of the Remedies Measures;
7.5.8 the obligation to inform the Buyer about possible changes in his identification data and / or other aspects regarding the Contract or could concern future contracts;
7.5.9 the obligation to cease transmitting information on Products generally distributed by the Seller, if he has received a written request from the Buyer, according to the procedure for withdrawing the consent for data processing for commercial purposes, according to the procedures presented on the Seller's website and in telephone conversations with the Seller's representatives.
VIII. Termination of contract. Contractual liability
8.1 The contract by its nature is one with uno ictu performance (with instant performance). However, as the Buyer is a consumer, the effects of the Contract will cease, depending on the purchased Product(s) either (i) at the end of the term for exercising the Right of Withdrawal or (ii) at the expiration of the Guarantee regarding these rights/obligations.
8.2 The contract may also be terminated at the initiative of the Buyer in one of the following situations:
8.2.1 when the Buyer exercises his Right of Withdrawal and the Seller receives the Products and all documents and gifts, as the case may be, accompanying them, in the condition in which they were delivered, returning the Price or the Diminished Price, according to the GTC and the Contract;
8.2.2 when the Buyer exercises his right to unilaterally terminate the Contract;
8.2.3 when the Buyer terminates the Agreement under the conditions set out in the GTC.
8.3 The Seller will be able to claim from the Buyer any damages caused by the latter, either to the Seller directly or to collaborators (regardless of the form of collaboration) of the Seller, as a result of the Buyer's failure to fulfill its contractual obligations in good faith and / or as a result of the Buyer's exercise of its rights abusively. The damages that the Seller will be able to claim from the Buyer may refer to, but are not limited to, the value of the Products improperly returned by the Buyer to the Seller, for whatever reason, and other costs in connection with this aspect, including shipping costs, image damage to the Seller, fines, duties, taxes and the like, paid by the Seller as a result of abusive actions of the Buyer in exercising his rights legal and contractual (abuse of procedural rights), including possible court costs (lawyers' fees, notaries public's, bailiffs' fees, court stamp fees, experts' fees), even if the procedure initiated by the Buyer is not a contentious one regardless of the competent forum or court ("Damages").
8.4 Regarding the Damages and their amount, the Seller will send a written notification to the Buyer (including by e-mail) requesting him to pay them within 14 calendar days from the date of receipt of the notification.
8.5 To the extent that the Buyer fails to comply with the requests in the Seller's notification, the latter shall (i) apply to the total amount of Damages late payment penalties in the amount of 0.5% per day of delay until the actual payment of the Damages and (ii) may commence any legal actions against the Buyer for the recovery of Damages that the Buyer declares that it understands and expressly accepts as fair compensation resulting from its actions.
IX. Litigation and applicable law
9.1 Before addressing ANPC and/or the courts, the Buyer must notify the Seller of any dissatisfaction in order to amicably settle any dispute. If within 30 days from the date on which the Buyer received the Seller's response or should have received it (namely within the terms provided in the GTC) to the Complaint communicated to the Seller, then the Buyer may notify ANPC, or directly to the competent court.
9.2 The ANPC notification does not violate the Buyer's right to address directly or after the ANPC notification to the courts.
9.3 Disputes concerning any aspect related to the GTC or the Contract fall within the jurisdiction of the courts according to the legal provisions applicable on the date of conclusion of the Agreement or of the application to the court, respectively the court at the Canzator's headquarters, or in consideration of the transitional legal provisions that may arise if the relevant current legislation is subsequently amended.
9.4 The GTC and the Contract are governed by Romanian law.
X. Final and transitional provisions
10.1 The Buyer understands and accepts, prior to the conclusion of the Agreement, that his personal data will be processed by the Seller for the purpose of fulfilling his contractual obligations. The Buyer also declares that he was informed prior to the conclusion of the Agreement about the Seller's policy on the protection of personal data, read and accepted this policy, knowing that he has the right to request additional information from the Seller in this regard. The personal data policy can be found by accessing ACTORS-ANONYMOUS.RO/unelte-gdpr. Also, the Buyer knows and accepts that he has been informed by the Seller prior to the conclusion of the Agreement that he may notify the National Supervisory Authority for Personal Data Processing, prior to the conclusion of the Contract. This information is also available by accessing https://www.dataprotection.ro/ directly from the Seller's website.
10.2 The Buyer expressly accepts that (i) the Seller may modify any terms and conditions regarding the relations with the Buyer and will inform the Buyer accordingly about them, by publishing the changes online at ACTORS-ANONYMOUS.RO/, the Buyer having the right to notify the Seller that he does not accept these changes within the terms provided in the Contract. Failure to contest these changes represents the tacit consent of the Buyer to those changes; (ii) the Seller is entitled to Damages under the Agreement; (iii) the Seller will be able to pay the Diminished Price under the Contract; (iv) the Seller has the right to refuse an Order or Orders of the Buyer as well as the right of the Seller to stop delivering Products or the temporary impossibility or not to deliver them; (v) The contract is governed by Romanian law; (vi) The Seller may exercise the actions and take the measures to which it is entitled provided for in Chapter 6 of the GTC on Warranties; (vii) understood and accepts clause 7.4.7 of Article 7 of the GTC (viii) the Seller may refuse to refund the Price and / or take over the Product if the conditions listed in the Contract and GTC are not met.
10.3 The Buyer declares that, prior to concluding the Agreement, he was informed by the Seller and understood that he can notify ANPC at any time, the details on this matter being available and accessing http://www.anpc.gov.ro/ directly from the Seller's website.
10.4 The Buyer declares that, prior to concluding the Agreement, he was informed by the Seller and understood that he can register on the Seller's website ACTORS-ANONYMOUS.RO/ a user account, the conditions of its use being provided on the aforementioned site.
10.5 The Buyer expressly declares and accepts that he will not be able to attract the Seller's liability, if one of the following aspects is proved:
10.5.1 it is not the Seller who put the Product into circulation or distributed or delivered it;
10.5.2 depending on the circumstances, the defect that generated the damage to the Buyer did not exist on the date when the Product was put into circulation or appeared after the Product was put into circulation, for reasons not attributable to the Seller;
10.5.3 the Product has not been manufactured for sale or for any other form of distribution for economic purposes of the manufacturer and has not been manufactured or distributed in the course of the Seller's professional activity;
10.5.4 the defect is due to compliance with mandatory conditions, imposed by regulations issued by competent authorities;
10.5.5 the level of scientific and technical knowledge existing at the time of putting the Product into circulation did not allow the detection of the defect in question;
10.5.6 the defect is due to non-compliance by the Buyer with the instructions for use, storage and maintenance provided in the technical documents accompanying the Product, demonstrated on the basis of specialized technical expertise;
10.5.7 the defect is attributable to the wrong design of the assembly in which the Product was mounted or to the instructions given by the manufacturer of the Product intended for the Buyer;
10.5.8 the defect is due to improper use of the Product by the Buyer;
10.5.9 damages are the result of actions or inactions of other suppliers, such as electricity and its abnormal fluctuation, gas, telephony;
10.5.10 the fault for the damages caused by the Product lies with the Buyer.
10.6 The Buyer declares that he was informed, prior to the conclusion of the Agreement by the Seller, through these GTCs and other public information of the Seller, and that he understood and assumes that the Products distributed by the Seller consisting of Products that can be considered (i) food supplements, (ii) foods and / or (iii) cosmetics do not replace a balanced lifestyle and do not cure certain diseases on their own.
10.7 The Buyer shall immediately inform (no later than 48 hours from the date of finding the reactions) the Seller of any allegedly unusual reactions he may have encountered using Products distributed by the Seller that may be considered (i) food supplements, (ii) foods and/or (iii) cosmetics. The Buyer shall provide the Seller with all information regarding such reactions correctly and completely and shall answer any questions of the Seller in relation to such allegedly unusual reactions.
10.8 The Buyer shall immediately inform (no later than from the date of finding) the Seller of any request from third parties who claim to distribute the Products distributed by the Seller and/or who claim to be its affiliates. Also, the Buyer will inform the Seller under the same conditions as before, and if third parties communicate to him in any way, any disparaging statements against the Seller and / or the Products distributed by him. In both cases, the Buyer shall provide the Seller with all details and answer any questions of the Seller in relation to these matters. Moreover, the Buyer understands that agreeing to cooperate with the Seller ensures public safety regarding the marketing of consumer goods, and an abusive refusal of the Buyer could lead to the payment of damages both to the Seller and to third parties, as the Buyer also has the legal obligation to help identify any persons to avoid endangering public safety.
10.9 The Buyer may contact the Seller at the address ALEEA ARINII DORNEI, nr.2, BL.27, SC. A, ET.3, AP.16, SECTOR 6, BUCHAREST, ROMANIA, The Seller being a company registered in the Trade Register attached to the Bucharest Court under no. J40/9628/2016, with registration code 36318880. The Buyer may also contact the Seller by phone at 0722957174 or by e-mail at RUX.ELENA@YAHOO.COM address, as well as using the contact form accessible online at ACTORS-ANONYMOUS.RO/information/contact.
10.10 The Buyer may access at any time for the purpose of informing and / or defending its interests the following websites, which were communicated to him by the Seller and / or could have been known by the Buyer, prior to the conclusion of the Contract:
10.10.1 ACTORS-ANONYMOUS.RO/unelte-gdpr;
10.10.2 ACTORS-ANONYMOUS.RO/termene-si-conditii;
10.10.3 ACTORS-ANONYMOUS.RO/despre-noi;
10.10.4 ACTORS-ANONYMOUS.RO/politici-confidentialitate;
10.10.5 ACTORS-ANONYMOUS.RO/politica-cookie;
10.10.6 https://www.dataprotection.ro/;
10.10.7 http://www.anpc.gov.ro/;
10.10.8 https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=RO;
10.10.9 Details regarding contacting the Seller, delivery of Products, payment methods accessible at ACTORS-ANONYMOUS.RO/.
10.11 The Buyer expressly declares and accepts that he has concluded with the Seller, together with the acceptance of the Order by the latter, a Distance Contract, and that a copy of it has been delivered in "hardcopy" format to the Buyer together with the Package, together with the other documents accompanying the Products. More specifically, the Buyer declares that he was informed by the Seller about the contractual conditions prior to the transmission of the Order by the Buyer to the Seller, the Buyer accepting the contractual conditions, for which reason he freely decided to conclude the Contract received with the Products and understands the legal consequences of this Agreement and implicitly of the GTC.
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[1] According to the provisions of GEO 34/2014 and Law no. 365/2002 on electronic commerce.
[2] Art. 14 para. (3): The consumer is responsible only for the diminished value of the products resulting from their handling, other than what is necessary to determine the nature, characteristics and functioning of the products. Diminishing the value of products should not discourage the consumer from exercising his right of withdrawal. Regardless of the situation, the consumer is not responsible for diminishing the value of the products if the professional has failed to inform him about the right of withdrawal in accordance with art. 6 para. (1) (h).
[3] These provisions are in accordance with the provisions of Art. 20 of GEO 34/2014.
[4] According to the provisions of Art. 18 par. (1) of GEO 34/2014.
[5] Also provided by GEO 34/2014.
[6] Art. 16: Exemptions from the right of withdrawal. The following shall be exempted from the right of withdrawal provided for in Articles 9 to 15 in respect of distance and off-premises contracts:
a) service contracts, after the full provision of services, if the performance began with the consumer's prior express consent and after he has confirmed that he has become aware that he will lose his right of withdrawal after the full execution of the contract by the professional;
b) providing products or services whose price depends on fluctuations on the financial market that the professional cannot control and which may occur during the withdrawal period;
c) the supply of products made to the specifications presented by the consumer or clearly personalized;
d) the supply of products that are likely to deteriorate or expire quickly;
e) the supply of sealed products which cannot be returned for health protection or hygiene reasons and which have been unsealed by the consumer;
(f) the supply of products which are, after delivery, according to their nature, inseparably mixed with other elements;
g) supply of alcoholic beverages whose price was agreed at the time of concluding the sales contract, whose delivery cannot be made before 30 days and whose real value depends on fluctuations in the market that the professional cannot control;
h) contracts where the consumer has specifically requested the professional to go to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the professional provides services other than those expressly requested by the consumer or provides products other than spare parts indispensable for the execution of maintenance or repair works, the right of withdrawal applies to those additional services or products;
i) the supply of sealed audio or video recordings or sealed computer programs that have been unsealed after delivery;
j) supply of newspapers, periodicals and magazines, except subscription contracts for the supply of such publications;
k) contracts concluded within an auction;
l) provision of accommodation services, for purposes other than residential, transport of goods, car rental, catering or services related to leisure activities, if the contract provides for a specific date or period of performance;
m) the supply of digital content that is not delivered on a tangible medium, if the performance began with the consumer's prior express consent and after he has confirmed that he has become aware that he will lose his right of withdrawal.