Seller – Explosive or any of this partners.
Buyer – the individual / legal entity or any legal entity that makes an account on the site and performs the order / orders.
Client – a natural or legal person who has access to the Content through any means of communication provided by eXplosive (electronic, telephone, etc.) or under an existing use agreement between eXplosive and which requires the creation and use of an Account.
User – the natural / legal person who signs up on the Site, creates an Account and agrees to the specific terms of the Site in the General Terms and Conditions section.
Nickname – “User Name”, a pseudonym by which a particular User / Client / Buyer can add Content to the Site.
Account – a section of the Site consisting of an email address and a password that allows the Buyer to submit the Order and contains information about the Buyer / Buyer and buyer history on the Site (orders, tax invoices, goods guarantees, etc.).Favorite – sectiune din Cont care permite Cumparatorului / Utilizatorului sa isi creeze liste.
List – the web page where the buyer / user can add items they consider to be preferred and which he / she can later add to their shopping cart (“my cart”).
Site – domain www.explosivski.ro and its subdomains.
Order – an electronic document through which the Buyer submits to the Seller, through the Site, its intention to purchase Goods and Services on the Site.
Goods and Services – any product or service, including the documents and services mentioned in the Purchase Order, to be provided by the Seller to the Purchaser as a result of the Contract concluded.
Campaign – the action to expose for commercial purposes a finite number of Goods and / or Services, having a limited and predefined stock for a limited period of time set by the Seller.
Contract – represents the distance contract concluded between Seller and Buyer, without the simultaneous physical presence of Seller and Buyer.
• all information that appears on the Site and can be accessed, viewed or otherwise accessed by using electronic equipment;
• the content of any email sent to Buyers by the Seller by electronic means and / or any other means of communication available;
• any information communicated by the Seller to the Buyer by any means of communication, according to the contact information, whether or not specified by the Buyer;
• Information relating to the Goods and / or Services and / or tariffs practiced by the Seller in a given period;
• information relating to the Goods and / or Services and / or the fees practiced by a third party with whom the Seller has signed partnership contracts in a given period;
• Seller’s data, or other privileged data.
Review – evaluation of a product or service written by the owner or the beneficiary, assessment based on personal experience and ability to make qualitative comments and to say whether the product or service respects the specifications mentioned by the manufacturer or not.
Rating – a way of expressing the satisfaction of a User / Client / Buyer in relation to a product. The user / customer / buyer has the ability to give the products a score from a star to five stars. This degree of satisfaction will always be associated with the User / Client / Buyer’s written review of a product or service.
Comment – opinion, appreciation or observation, written by the User / Client / Buyer.
Inquiry – addressing formula to Users / Customers / Buyers in order to get information about the products or services that appear on the page.
Answer – written information that is sent to the User / Customer / Buyer who has addressed a Site Question, on a product page. The answer is an explanation given by a User / Client / Buyer to another User / Client / Buyer in a discussion.
Document – these Terms and Conditions.
Newsletter – a periodical information medium, exclusively electronic, ie electronic mail (SMS, SMS), through which the Seller provides information on the Goods and Services and / or promotions carried out by the Seller in a certain period, without any commitment regarding the information contained therein.
Transaction – to collect or reimburse an amount resulting from the sale of a Good and / or Service by eXplosive Buyer through the use of the card processor services agreed by the Seller, regardless of the delivery method.
Specifications – all specifications and / or descriptions of Goods and Services as specified in their description.
2.3. For justified reasons, Seller reserves the right to change the amount of 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 email address or telephone number made available to the Seller upon making the Order and will refund the amount paid.
2.4. The contract is considered to be concluded between the Seller and the Buyer at the moment of receipt by the Buyer from the Seller, by electronic mail and / or SMS, of the order notification notification.
3.2. Communication with the Seller may be accomplished through direct interaction with the Seller or through the addresses mentioned in the “contact” section of the Site. The seller has the freedom to manage the information received without having to justify it.
3.3. eXplosiv has the right to publish on the exploivski.ro website information about the Goods and / or the Services sold and / or about the promotions practiced by it or any other third party with which eXplosiv has concluded contracts in a certain period of time and in stock limit available.
3.4. All tariffs for the Goods and / or Services presented on the Site are expressed in RON (RON) and include T.V.A.
3.5. In the case of online payments, the Seller is not / can not be held responsible for any additional cost incurred by the Buyer, including but not limited to currency conversion fees applied by the card issuing bank, if the currency of issue it differs from RON. Responsibility for this action is borne only by the Buyer.
3.6. All information used to describe the Goods and / or Services available on the Site (static / dynamic images / multimedia presentations / etc.) is not a contractual obligation on the part of the Seller, and they are used exclusively for presentation purposes.
5.1. Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and / or multimedia content presented on the Site, is the exclusive property of the Explosive, reserved all rights obtained directly or indirectly (through usage and / or publication licenses).
5.2. Customer / Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, bind, expose, include any Content in any context other than the original intentionally exploited, including any Content in outside the Site, the removal of any sign that expresses the author’s right to Content, as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with express written consent of the Explosive.
5.3. Any Content to which the Customer / Buyer has and / or obtains access by any means is within the scope of the Document if the Content is not accompanied by a specific and valid user agreement concluded between eXplosive and it and without any warranty or expressly formulated by the Explosive Party with reference to that Content.
5.4 The copying, transfer and / or use of the Content by the Customer / Buyer is only allowed for personal or non-commercial purposes and only if they do not conflict with the provisions of the Document.
5.5. In the event that eXplosive grants the Customer / Buyer the right to use as described in a separate use agreement, a certain content to which the Customer / Buyer has or obtains access under this Agreement, this right extends only to that or of the content defined in the agreement only during its existence or content on the Site or the period defined in the Agreement, as defined, if any, and is not a contractual commitment of the Exporter for that Customer / Buyer or any other third party who has / has access to this transferred content by any means and who may or may be harmed in any way from this content during or after the expiration of the use agreement.
5.6 No Content sent to the Customer or the Buyer by any means of communication (electronic, telephone, etc.) or acquired by accessing, visiting and / or viewing is not a contractual obligation of the eXplosive and / or the employee / has mediated the transfer of Content, if any, to that content.
5.7. Any use of the Content is forbidden for any purpose other than those expressly permitted in this Document or the use consent accompanying it, if it exists.
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 contact with the Buyer is required.
6.4. The Seller has the right to cancel the Buyer’s Purchase Order upon prior notice to Buyer, without any subsequent liability of any party to the other, or without any party claiming the other damages.
6.5.If the Customer / Buyer requests withdrawal from the Contract within the legal withdrawal period, he must return any gifts accompanying the product. In the event that the Purchase Order is paid, the Seller will reimburse the amount within 14 (fourteen) days of the date the Buyer informs the Seller of its decision to withdraw from the Contract.
6.6. Seller has the right to postpone reimbursement of the amount until receipt and verification of the status of the Goods sold or until receipt of proof that they were dispatched if they did not offer to recover the Goods themselves (the most recent date will be taken) .
6.7. If the Goods and / or Services ordered by the Buyer can not be delivered by the Seller, the latter must inform the Customer / Buyer of this fact and return the Goods / Services ordered for the advance payment within maximum 7 (seven ) days from the date on which the Seller acknowledged this fact or from the date on which the Buyer expressly expressed his intention to withdraw from the Contract.
7.1. The following are exempt from the right to withdraw from the Contract:
7.1.1. the provision of Goods and / or Services whose price depends on fluctuations in the financial market that the Seller can not control and which may occur during the withdrawal period;
7.1.2. the provision of Goods made according to the specifications submitted by the Buyer or clearly personalized;
7.1.3. the provision of Goods that are likely to deteriorate or expire rapidly;
7.1.4. the provision of Sealed Goods that can not be returned for health or hygiene reasons and which has been unsealed by the Purchaser;
7.1.5. the provision of sealed audio or video recordings or sealed computer programs that have been unsealed after delivery;
7.1.6. the provision of newspapers, periodicals and magazines, with the exception of subscription contracts for the provision of such publications;
7.1.7. the provision of digital content that is not delivered on a physical medium if the performance has begun with the express prior consent of the Buyer and after confirming that he has become aware that he will lose his right to withdraw.
7.1.8. the supply of Goods that were not in the Seller’s stock and which were ordered by the Buyer specifically.
8.3. By transmitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use, for his own benefit, those ideas, concepts, know-how or techniques that you have sent us through the Site. Exploitation will not be subject to obligations regarding the confidentiality of the submitted information, unless the legislation in force provides for further specification in this respect.
8.4. By enrolling in the eXplosive database, the Customer / Buyer agrees, within the limits of the legislation in force, to be contacted by third parties, eXplosive partners: marketing service providers, other service providers; government agencies, governmental or insurance associations, where specific legislation so provides; other companies with which eXplosive can develop joint programs for the supply of goods and / or services on the market, etc.
9.3. Discontinuing the receipt of the Newsletters does not imply the waiver of your acceptance of this Document.
10.3. The Seller will provide the Buyer with the invoice relating to the Order containing Goods and / or Services sold by eXplosive, except for the Goods and / or Services sold by the eXplosive partners, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer’s Account or by e-mail, to the email address mentioned by the Buyer in your Account.
10.4. In order to correctly communicate the invoice relating to the Order, the Buyer has the obligation to update his account data and to access the information and documents related to each Order, existing in the Account.
10.5. By this way of communication, the Purchaser, accessing his Account, will have a record of the eXplosive bills, and can save the archive at its turn at any time and in any way it wants.
10.6. For security reasons for Transactions, Customer / User / Buyer is advised not to remain logged in to the Site and set the automatic logon option on mobile devices. Account password disclosure is not permitted and a strong password is recommended (eg, at least eight characters, including capital letters, lowercase letters, numbers, and special characters).
11.3. The delivery details of the Goods, including but not limited to the time required for delivery, are not a contractual obligation on the part of the Seller.
By creating and using the Account, the Customer / User / Buyer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account and, to the extent permitted by applicable law, is responsible for the activity performed through its Account.
By creating your Account and / or using the Content and / or Placing Orders, the Customer / User / Buyer expressly and unambiguously accepts the Terms and Conditions of the Site in the latest updated version communicated within the Site, existing at the time of Creation of the Account and / or use of the content and / or the placement of the Order.
Subsequent to the creation of the Account, use of the Content is equivalent to accepting the changes made to the Site Terms and Conditions and / or updated versions of the Site Terms and Conditions.
eXplosiv has the right to change the Terms and Conditions of the Site at any time, which is opposed to the Clients / Users / Buyers from the date of their display on the Site. Accepting the Site Terms and Conditions is confirmed by checking the appropriate checkbox on the Site and / or sending the Order and / or making an online payment.
REGISTERING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
Users / Customers / Buyers can make site enrollments that may be both positive and negative, and should refer to the features or use of a product or service.
At the time of registering a certain Review / Comment / Site Question / Answer, Users / Customers / Buyers grant the Seller a non-exclusive, perpetual, irrevocable, unlimited Terminal license and entitle Seller to use, reproduce, modify, distribute and display this content.
Each User / Client / Buyer, when submitting the Review / Comment / Question / Answer in the mentioned sections, undertakes to observe the following rules:
– to refer only to features and / or how to use a particular product or service, avoiding information on issues that may change (promotional price or offers) or information related to how the order is made;
– Use an appropriate, non-defensible language without terms that may offend or affect any other User / Client / Buyer;
– Ensure that the information they enter is realistic, correct, non-insignificant and in accordance with the applicable laws, including the rights of others, copyright, trademark, license or other proprietary rights, advertising or privacy;
– use this feature only to communicate or obtain additional details of a particular product or service on the Site without reference to other companies promoting the sale and purchase of products or services;
– not provide or request in any way personal data (contact details, address of delivery or home address, telephone numbers, email addresses, name and / or surname, etc.), or any other information that may cause disclosure of such personal data;
– not to enter information and / or details about URLs (links) from other commercial sites that have the same commercial activity as the Seller;
– not try to defraud the services provided by the Seller or to write Reviews / Comments / Questions / Answers containing advertising materials;
– not to use the Review / Comment / Question / Answer as a means of communication with the Seller, in this regard, the Seller’s contact information will be used on the Site.
Users / Clients / Buyers uploading Reviews to which they attach photo or video files will follow the following rules:
– uploaded files will contain images and / or videos that refer to the product or service for which the Review is written, making sure that uploaded files respect copyright;
– uploaded files will not contain violence, adult content, license language, or other content that offends a person / group based on race or ethnic origin, religion, disability, gender, age, veteran status, sexual or political orientation;
– uploaded files will not contain information about others;
– uploaded files will not contain URLs or watermarks to sites that have the same commercial activity as the Seller.
When a User / Client / Buyer reports that a Review / Comment / Question / Response is inappropriate from a strictly subjective perspective, this content is carefully examined by the Seller to determine whether it violates the Site Terms and Conditions . Texts, photos, or videos you enter are removed from the Site only after they have been reviewed by Seller.
If the Seller finds that the Terms and Conditions have been repeatedly violated, the Seller reserves the right to suspend the User / Customer / Buyer’s ability to write Reviews / Comments / Questions or Answers on the Site.
16.2. Personal data processing is any operation or set of operations that is performed on personal data by automated or non-automatic means such as collecting, registering, organizing, storing, adapting or modifying, extracting, consulting, using, disclosing to third parties by transmission, dissemination or in any other way, joining or combining, blocking, deleting or destroying.
16.3. The aim of the data collection is to inform the Clients / Buyers about the situation of their Account, to inform the Buyers about the evolution and status of the Orders, the evaluation of the Goods and Services offered, the commercial activity, the promotion of goods and services, marketing, advertising, media, development, market research, statistics, tracking and sales monitoring and customer / buyer behavior.
16.4. By completing the data in the Account Creation and / or Order form, the Purchaser declares and accepts unconditionally that his or her personal data are included in the eXplosive database and expressly and unambiguously agrees that all such personal data be stored, used and / or temporarily processed by eXplosiv, their affiliates and their collaborators for the development and / or performance by eXplosiv, affiliates and their collaborators of activities such as, but not limited to, commercial activities, promotion of products and services, marketing, advertising, media, administration, development, market research, statistics, sales tracking and monitoring and consumer behavior. The Buyer also expressly and unequivocally agrees that such personal data may be transferred (ceded) by eXplosiv to both its affiliates and other / other entities in the country or abroad.
16.5. By reading the Document, you are aware that you are guaranteed the rights provided by the law, namely the right to information, the right of access to data, the right to intervene, the right of opposition, the right not to be subject to an individual decision, the right to address justice in case of violation of the rights guaranteed by the Law 677/2001 for the protection of individuals with regard to the processing of personal data and the free circulation of such data.
16.6. eXplosiv has the right to provide personally identifiable information to other companies with which it is in partnership, but only on the basis of a confidentiality commitment on its part to ensure that such data is kept secure and that the provision of such personal information is made according to the legislation in force as follows: suppliers of marketing services, courier services, payment / bank services, telemarketing or other services provided by companies with whom we can develop joint programs for the market of our goods and services, insurers .
16.7. The Personal Purchaser’s information may also be provided to the General Prosecutor’s Office, the Police, the Courts of Courts and other authorized bodies of the state, on the basis and within the limits of the legal provisions and following express requests.
APPLICABLE LAW – JURISDICTION
This Agreement is subject to Roman law. Any disputes arising between Explosive and Clients / Buyers will be settled amicably or, if this is not possible, disputes will be settled by the competent Romanian courts.