TERMS AND CONDITIONS
1. DEFINITIONS AND CONTRACTUAL TERMS
Helener.com - is the trade name of S.C. Helener Store Online S.R.L., legal person of Romanian nationality, having its registered office in bd. Socola 134, Iași, Iași county, with order number in the Trade Register J22 / 1525/2020, unique fiscal registration code 42756337, phone 0232-276226, mobile 0743-940046, e-mail: [email protected], address correspondence: Helener Store Online SRL, OP3 CP742, Iași - 700780. According to this contract, the terms: new, seller, helener.com, Helener or Helener SRL are similar.
Buyer - the natural person who creates an Account on the Site and places an Order.
Customer - the natural person who has or obtains access to the CONTENT, through any means of communication provided by Helener.com (electronic, telephone, etc.) or based on an existing user agreement between Helener.com and it and which requires the creation and the use of an ACCOUNT.
Account - the section of the Site consisting of an e-mail address and a password that allows the Buyer to send the Order and which contains information about the Customer / Buyer and the Buyer's history on the Site (Orders, tax invoices, goods guarantees, etc.).
Website - www.helener.com domain and its subdomains.
Order - an electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods and Services from the Site.
Goods and Services - (also called products); any product or service, including the documents and services mentioned in the Order, which are to be provided by the Seller, to the Buyer as a result of the concluded Contract.
Campaign - the action of exhibiting for commercial purposes, a finite number of Goods and / or Services having a limited and predefined stock, for a limited period of time established by the Seller.
Contract - represents the distance contract concluded between the Seller and the Buyer, through the Site and with the help of the Content, using exclusively the means of distance communication, without the simultaneous physical presence of the Seller and the Buyer.
Content • all information on the Site that can be visited, viewed or otherwise accessed by using electronic equipment; • the content of any e-mail sent to Buyers by the Seller by electronic means and / or any other available means of communication; • any information communicated by any means by an employee / collaborator of the Seller, the Buyer, according to the contact information, specified or not by him; • information related to the Goods and / or Services and / or tariffs practiced by the Seller in a certain period; • information related to the Goods and / or Services and / or tariffs practiced by a third party with which the Seller has concluded partnership contracts, in a certain period; • data regarding the Seller, or other privileged data of the Seller.
Document - these Contractual Terms and Conditions.
Newsletter: means of periodic information, exclusively electronic, respectively electronic mail (e-mail, SMS) on the Goods and Services and / or promotions carried out by the Seller during a certain period, without any commitment from the Seller with reference to the information contained therein.
Green stamp duty - the value expressed in lei, paid by the Seller to the authorized company with the takeover of the operations of collection, transport and recovery / recycling of waste electrical and electronic equipment, as provided by the legislation in force.
Deadlines - deadlines expressed in calendar days. If a term expressed in days is calculated from the moment an event occurs or an act is performed, the day on which this event took place or this act is performed is not taken into account when calculating the term, unless the law provides otherwise. If the last day of the term is a non-working day, the Seller extends the term accordingly.
Transaction - the collection or refund of an amount resulting from the sale of a Good and / or Service by Helener.com, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the delivery method.
Specifications - all specifications and / or descriptions of the Goods and Services as specified in their description.
2. CONTRACTUAL DOCUMENTS
2.1. By using this site, you have become aware of and agree to the terms and conditions of use of this site. By visiting and purchasing from our site, you automatically accept the conditions below. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone, e-mail or through the site) through which the Seller carries out its commercial operations.
2.3. To use this site, visitors and buyers of our site must meet the following conditions:
- be at least 16 years old
- not to try to illegally modify the content of the site
- comply with the conditions of this site
- provide complete and accurate data if you want to buy from this site
2.4. The notification received by the Buyer, after making the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.5. For justified reasons, the Seller reserves the right to modify the quantity of the Goods and / or Services in the Order. If you change the quantity of Goods and / or Services in the Order, it will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will return, if necessary, the difference between the amount paid and the Goods remaining in the Order.
2.6. The contract is considered concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, by e-mail and / or SMS of the notification of dispatch of the Order. Also, it can be considered concluded even in the absence of this notification, if the client has picked up the goods / services sent.
2.7. For Orders to be delivered to Helener.com showrooms and delivery points, the prices and reservations of the Goods and / or Services are valid for 72 (seventy-two) hours from the registration of the Order by the Buyer.
2.8. The document and the information provided by the Seller on the Site will be the basis of the Contract, in addition to it being the guarantee certificate issued by the Seller or a supplier thereof for the purchased Goods.
3. ONLINE SALES POLICY
3.1. Access in order to place an Order is allowed to any Customer / Buyer. Helener.com will delete accounts, cancel orders, restrict access to the site, restrict access to some accepted payment methods, if the data provided in the user's account is incorrect and / or incomplete, if the user does not pick up from the Post Office or from courier orders issued to Helener.com, if it does not confirm the orders issued by telephone or e-mail, if it has rude language with Helener.com staff or if the actions of the Customer / Buyer have harmed or will harm in any way Helener.com or its employees , without prior notice. In any of these cases, the Customer / Buyer may contact Helener.com, by telephone or by e-mail, to be informed of the reasons that led to the application of the above measures.
3.2. Communication with the Seller can be done by interacting with him, posting opinions regarding Goods and / or Services or communication through the addresses mentioned in the "Contact Us" section of the Site. Opinions or addresses containing insults or inappropriate language will be excluded from the Site or ignored. The seller has the freedom to manage the information received without having to bring justifications for it. 3.3. In case of an unusually high volume of traffic coming from an internet network, Helener.com reserves the right to ask Customers / Buyers to manually enter the captcha validation codes, in order to protect the information within the Site.
3.4. Helener.com may publish on the Site information about Goods and / or Services and / or promotions practiced by it or by any other third party with which Helener.com has concluded partnership contracts, within a certain period of time and within the limit of the stock. available.
3.5. All tariffs related to the Goods and / or Services presented on the Site are expressed in lei (RON). Helener is not a VAT payer, so the price shown is the final one.
3.6. Under the conditions provided by law, the price of the Electronic Goods displayed on the site, includes the Green Stamp Tax. If the Customer / Buyer requests details regarding the exact amount added to the price of the Good, he will contact the Helener.com Customer Relations Department.
3.7. In the case of online payments, the Seller is not / cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing his card, if the currency of his issuance differs from RON. The responsibility for this action lies solely with the Buyer.
3.8. All the information used for the description of the Goods and / or Services available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.
4. ASSIGNMENT AND SUBCONTRACTING
The Seller 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 consent of the Buyer. The Seller will always be liable to the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the Site, are the exclusive property of Helener.com, its being reserved all the rights obtained in this respect directly or indirectly (through licenses for use and / or publication)
5.2. Customer / Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any context other than that originally intended by Helener.com, including any Content outside the Site, the removal of the signs that signify the copyright of Helener.com over the Content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of Helener.com.
5.3. Any Content to which the Customer / Buyer has and / or obtains access by any means, is subject to the Document, if the Content is not accompanied by a specific and valid use agreement concluded between Helener.com and it, and without any implied or express warranties made by Helener.com with respect to that Content.
5.4. Customer / Buyer may copy, transfer and / or use Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.
5.5. If Helener.com grants the Customer / Buyer the right to use in the form described in a separate user agreement, certain content, to which the Customer / Buyer has or obtains access as a result of this agreement, this right extends only to that or those contents defined in the agreement, only during the period of its existence or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment from Helener.com for the respective Client / Buyer or any other third party who has / obtains access to this transferred content, by any means and who could be or is harmed in any way as a result of this content, during or after the expiration of the use agreement.
5.6. No Content transmitted to the Customer or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and / or viewing does not constitute a contractual obligation on the part of Helener.com and / or the Helener.com employee. which mediated the transfer of Content, if any, to that Content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying use agreement, if any, is prohibited.
6.1. The Client / Buyer can place Orders on the Site, by adding the desired Goods and / or Services in the shopping cart, following to complete the Order by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a Good and / or a Service is available for purchase to the extent that there is stock available for it. The addition of a Good / Service in the shopping cart, in the absence of completing the Order, does not entail the registration of an order, implicitly also the automatic reservation of the Good / Service.
6.2. By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order
6.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.4. The Seller may cancel the Order placed by the Buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other party in the following cases: 6.4.1. non-acceptance by the issuing bank of the Buyer's card, of the transaction, in case of online payment; 6.4.2. invalidation of the transaction by the card processor approved by Helener.com, in case of online payment; 6.4.3. the data provided by the Client / Buyer on the Site are incomplete and / or incorrect;
6.4.4. The buyer harmed Helener.com or its employees in any way (did not pick up orders, had uncivilized language or behavior, etc.)
6.4.5. The Buyer has not paid the value of the Goods within the term established by the Selle
7. THE RIGHT OF WITHDRAWAL
7.1. You have the right to withdraw from this contract, without specifying the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which you or a third party, other than the carrier, indicated by you, enter into physical possession of the products. In order to exercise your right of withdrawal you must inform us in writing at the email address: [email protected] or at the postal address: Helener SRL, OP3 CP742, Iasi-700780, regarding your decision to withdraw from this contract , using an unequivocal statement, for example, a letter sent by post or e-mail. 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 expiration of the withdrawal period. Consequences of withdrawal If you withdraw, we will refund any amount we have received from you, including delivery costs, except for additional costs caused by the fact that you have chosen a different delivery method than the cheapest standard delivery type we offer, without undue delay and, in any case, no later than 14 days from the date on which we are informed of your decision to withdraw from this contract. We will make this refund using the same payment method as the one used for the initial transaction, unless you have expressly agreed to another refund method; In any case, you will not be charged any fees as a result of such a refund. We may defer refund until the date we receive the products back or until the time you provide us with proof that you have returned the products, the nearest valid date being valid.
Ship the products without undue delay and, in any case, within a maximum of 14 days from the date on which you notified us of the withdrawal. The deadline is met if the products are sent back before the expiration of the 14-day period. You will have to bear the direct cost of returning the products.
7.2. If a Good and / or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Customer / Buyer of this fact and will return to the Buyer's account the value of the Good and / or the Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.
7.3. The following are exempted from the right of withdrawal from the Contract: 7.3.1. the contracts for the provision of services, after the full provision of the services, if the execution started with the express prior consent of the Buyer and after he confirmed that he became aware that he will lose his right of withdrawal after the full execution of the Contract by the Seller; 7.3.2. the supply of Goods and / or services whose price depends on the fluctuations on the financial market which the Seller cannot control and which may take place during the withdrawal period; 7.3.3. the supply of Goods made to the specifications presented by the Buyer or clearly customized; 7.3.4. the supply of Goods that are likely to deteriorate or expire rapidly; 7.3.5. the supply of sealed Goods which cannot be returned for reasons of health protection or for reasons of hygiene and which have been unsealed by the Buyer; 7.3.6. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other elements; 7.3.7. contracts in which the Buyer has specifically requested the Seller to travel to his home to carry out urgent repair or maintenance work. If, during such a visit, the Seller provides services other than those expressly requested by the Buyer or provides other Goods than the spare parts necessary for the execution of maintenance or repair work, the right of withdrawal applies to those Services or additional Goods ; 7.3.8. providing sealed audio or video recordings or sealed computer programs that have been unsealed after delivery; 7.3.9. provision of newspapers, periodicals and magazines, except for subscription contracts for the provision of such publications; 7.3.10. the provision of digital content that is not delivered on a material medium, if the delivery began with the prior express consent of the Buyer and after he has confirmed that he has become aware that he will lose his right of withdrawal.
8.1. The information of any nature provided by the Buyer / Customer to the Seller, will remain the property of the Seller.
8.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer / Customer regarding the Order / Contract without the prior written consent of the Seller.
8.3. By transmitting information or materials through this site, you give the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, in its own interest, these ideas, concepts, know-how or techniques that you have sent us through the Site. Helener.com will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard.
8.4. By registering in the Helener.com database, the Customer / Buyer offers its express consent, within the limits of the legislation in force, to be contacted by third parties, partners of Helener.com: marketing service providers, other service providers; state, governmental or insurance agents, when specific legislation so provides; other companies with which Helener.com may develop joint programs for offering goods and / or services on the market, etc.
9.1. Helener.com newsletters can be sent through specialized partners approved by Helener.com. Thus, the confidentiality and security of the information are ensured.
9.2. When the Client creates an Account on the Site, he has the possibility to express his agreement regarding the receipt of Newsletters. The option regarding the agreement issued by the Client, can be modified at any time, by contacting Helener.com in this respect.
9.3. Unsubscribing from Newsletters (Newsletters) by the Customer or Buyer may be made at any time using the special link in the Newsletters (if any) or by sending an email to [email protected] with the content: "Unsubscribe" (the fastest and safest method);
9.4. Waiver of receipt of Newsletters does not imply waiver of acceptance of this Document
10. BILLING - PAYMENT
10.1. The prices of the Goods and Services displayed within the site www.Helener.com are final prices, Helener.com, not being a VAT payer.
10.2. The price, payment method and payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the delivered Goods and Services, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
10.3. The Seller will send to the Buyer the invoice related to the Order containing Goods and / or Services sold by Helener.com, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice in the Buyer's Account or by e-mail to the e-mail address. mail mentioned by the Buyer in his Account. A copy of this invoice can be found in the package sent with the Goods to the Buyer. Legal entities that want to have a stamped and signed invoice can request that, together with the delivered Goods, they also have this invoice.
10.4. For a correct communication of the invoice related to the Order, the Buyer has the obligations to update whenever necessary the data from his Account and to access the information and documents related to each Order, existing in the Account.
10.5. Through this method of communication, the Buyer, accessing his Account, will keep a record of the invoices issued by Helener.com, being able to save and archive them at any time and in any way he wants.
10.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by adding them by Helener.com in the Account or by e-mail, to the e-mail address mentioned in his Account.
10.7. If this information is unavailable for more than 48 (forty-eight) hours in the Account, please notify us of this issue at the email address: [email protected]
11. DELIVERY OF GOODS
11.1. The Seller undertakes to deliver the Goods by Post, door-to-door courier to the Buyer or in the Helener.com showrooms, according to the Customer's option.
11.2. The Seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
11.3. The Seller will deliver the Goods and Services only on the Romanian territory, for other countries being necessary a separate offer from the Seller from the point of view of the transport cost.
11.4. The delivery details of the Goods / Services, including but not limited to the time required for delivery, do not constitute a contractual obligation on the part of Helener.com, without any Customer / Buyer being able to claim damages from the other. Helener.com is not responsible for damages, delays in delivery, etc. resulting from mistakes, due to third parties (eg couriers, post office, etc.) or lack of accuracy of information provided by users / buyers (incorrect and / or incomplete information).
12.1. All Goods sold by Helener.com, except for the resealed Goods, benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the producers. The goods are new (except for resealed goods), in the original packaging and come from sources authorized by each manufacturer.
12.2. In the case of Goods sold and delivered by Helener.com, warranty certificates are either issued directly by the manufacturer, if it has a national service network, or are issued by Helener.com.
12.3. For the Goods in the Order that benefit from the guarantee based on the guarantee certificates issued by S.C. Servskills International SRL, Helener.com service partner, Helener.com will send to the Buyer these warranty certificates exclusively in electronic format, by adding the warranty certificate related to the Good in the Buyer's Account or by e-mail, to the e-mail address mentioned by the Buyer in his account.
12.4. For a correct communication of the guarantee certificate related to the Order Goods, the Buyer has the obligations to update whenever necessary the data from his Account and to access the information and documents related to each Order, existing in the Account. Through this method of communication, the Buyer, accessing his Account on www.Helener.com, will keep a record of the warranty certificates issued by Helener.com, being able to save and archive them in turn at any time and in any way that he wants it. If this information is unavailable for 48 (forty-eight) hours in the customer's account, please notify us at e-mail: [email protected]
12.5. In the case of warranty certificates issued by manufacturers, the good claimed defective during the warranty period must be presented directly to the nearest service center mentioned in the certificate. This center authorized by the manufacturer will take full responsibility for resolving the warranty. The lack of the guarantee certificate of the Good must be signaled in maximum 48 (forty-eight) hours from the receipt of the goods to the address [email protected] Any subsequent notification will not be considered.
12.6. In the case of resealed Goods, the warranty certificate is issued by Helener.com, and the warranty may cover a different period than the warranty period of the same new, sealed Property. The warranty period is specified in the warranty certificate for each Resealed Asset. The conditions of use, handling and transport of a resealed Good are the same as those of the sealed products and benefit from the same services unless otherwise stipulated on the product page.
13. TRANSFER OF PROPERTY OF GOODS
13.1. The ownership of the Goods will be transferred upon delivery, after payment by the Buyer, in the location indicated in the Order (meaning delivery - signing the receipt of the transport document provided by the courier or signing the receipt on the fiscal invoice in case of deliveries made by the Seller's staff ).
13.2. The risk of loss or damage of the products is transferred to the consumer when he or a third party designated by him, other than the carrier, enters into physical possession of the products. However, the risk is transferred to the consumer at the time of delivery of the products to the carrier, if the carrier has been instructed by the consumer to transport the products, and this option has not been offered by the professional, without prejudice to the consumer's rights against the carrier.
The Seller cannot be liable for damages of any kind 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 damages resulting from the use of the Goods and Services after delivery and in particular for their loss.
15. PROCESSING OF PERSONAL DATA
16. FORCE MAJEURE
16.1. Neither party will be liable for non-performance of its contractual obligations if such failure to perform on time and / or properly, in whole or in part, is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.
16.2. If within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the Contract without any of them being able to claim damages from the other.
17. APPLICABLE LAW - JURISDICTION
This Agreement is subject to Romanian law. Any disputes between Helener.com and Customers / Buyers will be settled amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in Iasi.
18. WEEE INFORMATION
18.1. Waste electrical and electronic equipment (WEEE) may contain hazardous substances that have a negative impact on the environment and human health if not collected selectively. Considering the provisions of GEO 195/2005 - regarding the environmental protection, H.G 1037/2010, regarding the waste of electrical and electronic equipment, the clients will consider the following:
18.1.1. buyers have the obligation not to dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to selectively collect this WEEE;
18.1.2. the collection of this waste (WEEE) will be carried out through selective collection points made available to producers by the local public administration authorities who have the obligation according to art.5 paragraph 1) of GD 448/2005 to collect WEEE separately from private households and to provide producers with the necessary spaces for setting up WEEE collection points;
18.1.3. customers can hand over WEEE free of charge at the collection points specified when purchasing a new product in the same category; thus, Helener.com applies the WEEE collection policy in the system of taking over the equipment one by one, according to the legislation in force, if the delivered equipment is equivalent and has fulfilled the same functions as the newly supplied equipment; Helener.com customers can deliver WEEE equivalent to all Helener.com Showrooms.
18.2. The symbol indicating that electrical and electronic equipment is subject to separate collection is a barred wheeled bin with two X-shaped lines. This icon indicates that WEEE must not be mixed with household waste and that it is subject to selective collection.