TERMS AND CONDITIONS
The established regulation includes: basic rules, general conditions and the approach of the sale process that POMULREGAL SRL prepares. based in the village of Inesti, Telenesti district, Republic of Moldova, through the online shop www.pomulregal.com specifying the terms and conditions of delivery POMULREGAL SRL. with free electronic services.
Definitions
1. Working days – means the days of the week from Monday to Friday, excluding public holidays.
2. Delivery – is the act of delivering the products specified in the order to the customer via the distributor.
3. Distributor- means an entity through which the seller cooperates in the delivery of products:
a) courier company;
b) parcel pick-up points at the premises;
4. Password- denotes a string of letters, numbers or other characters selected by the customer when registering in the online shop by creating an individual account.
5. Customer- means an entity to whom electronic services are provided or with whom a Sales Contract may be concluded in accordance with the legal rules and regulations.
6. Consumer – means a natural person who enters into a legal transaction with an entrepreneur which is not directly related to his or her trade or profession.
7. Client Account – A set consisting of an e-mail address and a password that allows a single user access to restricted areas of a site, making it possible to access the services provided.
8. Entrepreneur – means an authorised natural or legal person who, individually or in association with other authorised natural or legal persons, organises a commercial enterprise with a view to carrying out commercial acts and activities in order to make a profit by producing material goods or providing services from their sale on the market under competitive conditions.
9. Regulations – includes all rules.
10. Registration – is an actual action, carried out according to the instructions specified in the Rules, intended for customers to use all functionalities of the Online Shop. It is an electronic form made available by the Seller in the Store, which defines the data necessary to identify and register a person interested in holding customer status in the Store and in the Program, as well as the means of direct contact.
11. Seller – means any natural or legal person, acting in the course of his trade, business or production, whether private or self-employed, who, in accordance with the terms of the contract, offers a wide range of products to the consumer. He is also the owner of the online shop.
12. Shop website – is an online platform designed for the rendering and display of products via www.pomulregal.com.
13. Goods – means the totality of the products presented by the Seller through the Web Store for the purpose of purchase by consumers.
14. Contract of Sale – is an agreement concluded at a distance, based on the conditions specified in the Rules, between the Customer and the Seller.
2 General provisions and use of the Online Shop
1. All rights to the Online Shop, including copyright, ownership, possession of the website, as well as the forms, logos displayed (with the exception of logos and photos shown) belong to the Seller and may only be used in accordance with the rules and with the written consent of the Seller.
2. The Seller shall ensure the functionality of the Online Shop in accordance with the Customer’s requirements, using all popular web browsers, operating systems, device types and high quality internet connections.
3. The data stored by the cookie files used by the seller on the Shop Website never reveal personal details on the basis of which an individual identity of the customer can be established. Cookies are used by websites or web applications to adjust the online experience. Each customer can disable the cookie mechanism, but it is advised that disabling cookies may cause difficulties or prevent the use of the Web Store.
4. In order to place an order in the Online Store, via the Website or by e-mail and benefit from the services available on the Store website, the Customer must have an active e-mail account.
In the case of delivery by courier service or personal collection of the parcel at the premises, the Customer must also have an active telephone number, which is required for delivery purposes.
5. In order to place an order via telephone in the Online Shop, the Customer must have a telephone number and an active e-mail account.
6. It is prohibited for the Customer to place inappropriate content and to use the Online Shop, the Site or the free services in a manner contrary to the law.
7. The Seller warns that the public nature of the Internet and the use of the services offered electronically may involve the risk of unauthorised persons obtaining and modifying confidential data, therefore customers must use appropriate technical measures that minimise these risks.
The seller never asks the customer to reveal any form of password.
8. It is not allowed to use the resources and functions of the Online Shop by the Customer to carry out activities contrary to the interests of the Seller.
3 Registration
1. Creating a Customer Account is done through a free registration.
2. Registration is not required to place an order in the Online Shop.
The registration form is an electronic form made available by the Seller in the online shop, which defines the data necessary to identify and register a person interested in becoming a customer in the Shop and in the Program, as well as the direct contact methods.
3. In order to register, the Customer must complete the Registration Form and then send it electronically to the Seller by selecting an appropriate function. During registration the customer sets an individual password.
4. When filling in the registration form, the Customer has the opportunity to re-read the Rules, accepting its conditions.
5. The Customer may give his consent to the processing of his personal data for the purpose of marketing the Seller’s products and services. He can grant and withdraw consent using the tools provided in the account at any time.
6. In case of rejection of the consent to the processing of personal data for marketing purposes, the Customer may withdraw his consent at any time by sending an appropriate declaration to the Seller. The declaration can be sent, for example, to the seller’s address by e-mail.
7. After sending the completed registration form, the Customer will receive the registration confirmation from the Seller by e-mail without delay. At this point, an agreement is made to provide the account service electronically and the customer gains access to the account free of charge, receiving changes made during data registration.
4 Controls
1. The information placed on the shop’s website does not constitute an offer by the seller within the meaning of the Civil Code, but merely an invitation to customers to benefit from certain services and to conclude a sales contract.
2. The customer can place orders in the Online Shop via the Online Shop Website or by e-mail – 7 days a week, 24 hours a day.
3. The customer can place orders in the Online Shop by telephone during the hours and days indicated on the shop’s website.
4. In order to place an order through the Online Store, the customer must make a request indicating the products he/she is interested in. The product is added by selecting the BUY option under the relevant product displayed on the shop website. After completing the entire order, by indicating the delivery method and payment method, the Customer places the order by sending a form to the seller, selecting the “Order and payment” option on the shop’s website. Before the order is sent, the Customer is informed of the total price of the Product and delivery, as well as of any additional costs he is obliged to bear under the Sales Contract.
5. To place an order by phone, the customer must call the Online Shop’s telephone number, entered on the website. During the phone call, the Customer will indicate the name of the products selected from the shop’s website and their quantity, specifying the payment method and delivery address. The customer provides, at his option, the e-mail address or correspondence address regarding the content of the proposed contract and the order confirmation. During the telephone call, the Seller is obliged to inform the Customer of the total value of the Goods selected and the cost of delivery, as well as any other costs that the Customer will have to pay in the event of conclusion of the Sales Contract.
6. After registering the telephone order, the customer receives an automatic confirmation e-mail.
The confirmation includes: specification of the products, their price, delivery cost and other information about the costs the Customer is obliged to pay in connection with the Sales Contract.
7. To place an order by e-mail, the Customer must specify: his contact details, indicating the name, colour and quantity of the product he intends to purchase, sending this information to the e-mail address of the online shop.
8. Upon receipt of the e-mail message, the Seller shall send the Customer an acknowledgement of receipt, indicating the registration data, the price of the selected products and the possible methods of payment, as well as the method of delivery together with its cost and information about any additional payments that the Customer will incur under the Sales Contract. The message also specifies that the consumer is obliged to pay for the goods ordered within the time available. Based on the information sent by the Seller, the Customer completes the exchange process by placing the order, sending an e-mail to the website address, indicating the method of payment and delivery.
9. The placing of an order consists of the submission of an offer by the Seller to the Customer for the purpose of concluding an agreement for the sale of the Goods which are the subject of the order.
10. After placing the order, the Seller sends an acknowledgement of receipt to the customer by e-mail.
11 Next, after confirming the order, the Seller sends the Customer, via his e-mail address, details of the acceptance of the order. The information on the acceptance of the execution order is a statement by the seller on the acceptance of the offer.
12. At the conclusion of the sales contract, the Seller shall confirm its terms to the Customer by the specified e-mail address.
5 Payments
1. The prices of the products on the Shop’s Website are given in gross form and do not contain information about Delivery and any other costs that the Customer will be obliged to bear under the Sales Contract. The buyer is informed about the methods of delivery and placement of orders.
2. The customer has the availability to pay on delivery when he receives the order, which ensures customer security. Payment to the distributor upon Delivery (in this case, the implementation of the order will be started after the Seller sends the Customer confirmation of acceptance of the order).
3. The customer must confirm the order, otherwise the order will not be taken and then sent.
4. If the Customer does not pay for the order within the time limit set out above, the Seller shall set an additional period for the Customer to make payment. In the information medium about the additional payment deadline it is specified that after the deadline has expired, the seller will terminate the Contract. In the event of unlawful expiry of the second deadline for payment, the seller shall send the customer a declaration of withdrawal from the contract in accordance with Article 491 of the Civil Code.
6 Delivery
1. The seller delivers within the territory of the Republic of Moldova.
2. The seller is obliged to deliver products without defects.
3. The seller indicates on the shop’s website the number of working days required for delivery and execution of the order.
4. Delivery is made on weekdays and Sundays.
5. The ordered goods are delivered to the Customer via the Distributor at the address indicated in the order form.
6. On the day of dispatch of the products, information confirming delivery of the parcel is sent by the Seller to the Customer’s e-mail address.
7. Under the contract, the Seller may send a survey to the Customer’s e-mail address to conduct the post-sale survey. The survey is used to examine the customer’s opinion of the transaction. The customer can complete the questionnaire on a voluntary basis.
7 Complaints and Warranty
1. The Seller is obliged to deliver the Product to the Customer free from physical or procedural defects. According to the regulations of the Civil Code on implied warranty, the Seller is liable to the Customer when the Product sold has physical or procedural defects.
2. If the product is defective, the customer may:
a) to submit a price reduction declaration, and if this defect prevents the normal use of the product, it shall be replaced or the purchase shall be cancelled.
In case of replacement of the product, the Seller has the same obligations for the replaced product as for the product originally sold.
b) request the replacement of the defective product with a defect-free one or opt for the removal of the defect by repair. The seller is obliged to replace the defective product with a quality product or to remove the defect within a reasonable time without inconveniencing the customer.
Repair or replacement costs will be borne by the Seller.
3. The Customer exercising warranty rights is obliged to deliver the defective product to the Seller’s address, and if the Customer is a consumer, the cost of delivery is covered by the Seller.
4. The consumer is assured that during the warranty period (2 years from the date of issue) under normal conditions of use of the product, in the event of non-conformities, these will be removed first by repair or, where appropriate, by replacement, price reduction or refund, in accordance with the law.
5. Any complaint related to the Product or the implementation of the Sales Contract may be sent in writing to the Seller’s address.
6. Repair or replacement of the products shall be made within a period of time agreed in writing between the seller and the consumer, taking into account the nature of the products and the reason for the process in question. The period of time set may not exceed 14 calendar days from the date on which the buyer, as the case may be, has informed the seller of the lack of conformity of the product or has handed over the product to an authorised person on the basis of a handover document.
7. The customer may submit a complaint electronically to the seller about the quality of the products and services provided. The complaint can be sent electronically to info@pomulregal.com. In the content of the complaint the customer must include the causes of the problem. The seller will consider complaints, but no later than 14 days, and provide the customer with an immediate response.
8. The Seller together with the Contractors shall assume liability for the warranty.
8 Guarantee
1. Products sold may be covered by a guarantee granted by the manufacturer or supplier.
2. Information on the existence and the procedure of the guarantee is placed on the shop’s website.
9 Withdrawal from the sales contract
1. The consumer has the right to withdraw from the contract without giving reasons within 14 working days.
2. The withdrawal period from the Sales Contract shall start from the moment when the Buyer takes physical possession of the last Good or the last part -in case of delivery of a product consisting of several lots or parts.
In order to exercise the right to withdraw from the contract, the consumer must inform of his/her decision using an unequivocal statement sent in writing by post or e-mail to the addresses indicated in the “Contact” section of the website, which section forms an integral part of these terms and conditions.
In order to meet the deadline for this process, it is sufficient for the customer to send a declaration of exercise of the right of withdrawal before the expiry of the period indicated.
3. If the consumer has submitted a declaration of withdrawal from the sales contract before the seller accepts his offer, the offer is no longer binding.
4. The seller is obliged to refund all payments made by the consumer, including the cost of delivery of the products, no later than 14 days from the date of receipt of the declaration of withdrawal from the sales contract. The seller may refuse to refund payments received from the consumer until the goods have been returned or until proof has been provided that the goods have been returned, whichever is the earlier.
5. If the consumer exercising the right of withdrawal has chosen a more expensive method of delivery for the return of the goods than the one offered by the Seller, the Seller is not obliged to refund the additional costs incurred as a result of this process.
6. The consumer is obliged to return the product immediately after receipt, no later than 14 days from the date he withdrew from the sales contract. To meet the deadline it is sufficient to return the Goods to the Seller’s address before the expiry of the deadline.
7. In case of withdrawal, the customer will have to bear the direct cost of returning the products.
8. If the product cannot be returned due to its nature by regular mail, the Seller informs the consumer of the cost of returning the items on the store’s website.
9. The consumer shall be responsible for any decrease in the value of the Product as a result of its use in a manner that exceeds its natural functionality.
10. The product can only be returned if it is in perfect condition, showing no signs of wear or consumption, being unopened and sealed.
11. Withdrawal of the consumer from the contract without stating a plausible reason is not possible if the product has been partially used.
Products with properties that exclude this for hygienic reasons shall not be recalled.
Depending on the condition of the returned product, it will be decided whether the refund can be accepted.
10 Free services
1. The seller offers the following free electronic services to customers:
a) Contact form;
b) Newsletter;
c) Client Account;
d) Publication of opinions.
2. The above services are offered 7 days a week, 24 hours a day.
3. The Seller reserves the right to amend the regulations in case of changes in the provisions of the law or improvement of the operation of the Shop, in particular by improving the existing tools in the Shop or by adding new tools and also for the protection of the Customer’s rights and prevention of abuse.
4. The Contact Form service consists of sending a message to the Seller using the form on the shop’s website.
5.Discontinuation of the free Contact Form service is possible at any time and consists in the cessation of sending requests to the Seller.
6. The Newsletter Service can be used by any customer who enters his e-mail address using a registration form provided by the Seller on the shop’s website. After submitting the completed registration form, the Customer will receive an e-mail address immediately entered in the registration form with an activation link to confirm subscription to the Newsletter. When the link is activated by the Client, an agreement is concluded for the provision of the electronic Newsletter service.
7. Newsletter is an electronic email distribution service provided by the Seller in the Store, which allows all its users to receive from the Seller automatically the following editions of the Newsletter, containing information about the Seller, Products, news and promotions in the store.
8. Each Newsletter addressed to Customers contains: information about the sender, a completed “subject” field, specifying the content of the mailing and information about the possibility and the method of withdrawal from the Newsletter service.
9. The customer may unsubscribe from receiving the Newsletter at any time by unsubscribing via the link sent in each email as part of the Newsletter service or by activating the relevant field in the customer account.
10. The Customer Account Service is available after registration and consists of sending a panel from the Online Shop Website, allowing the Customer to modify the data he/she provided during registration, as well as to track the order status and the history of orders already completed.
11. The Customer who has registered may request the Seller to delete the Customer Account, and the Customer Account may be deleted within 14 days after the request has been submitted.
12. The Opinion Posting option consists of the possibility for Customers who have a Customer Account to post individual and objective opinions on the shop’s website regarding the quality of the products.
13. Cancellation of the Opinion service is possible at any time and consists of the customer ceasing to publish individual content on the shop’s website.
14. The Seller has the right to block access to the Customer Account and the free services for security reasons in case of: breach by the Customer of the site security or other hacker activities. The Seller will notify the Customer of the blocking of access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
11 Client’s responsibility for placing individual content on the site
1. By posting reviews on the online store website, the Customer voluntarily distributes content. The seller does not respond to publications posted by customers, because this function is not included in its activity.
2. The seller is responsible for the content placed by customers, reporting violations.
3. It is forbidden for the Customer to post content on the online shop’s website that could:
a) be placed with the purpose of infringing the personal rights of other consumers;
(b) infringe rights related to protection, industrial property, trade secrets or confidentiality obligations;
c) use language that is uncensored and offensive to other consumers;
d) oppose the interests of the Seller.
The Customer is obliged to use the Store in accordance with applicable law, the provisions of these Rules, in particular not to provide illegal content, violate generally accepted social norms or cause disruption or overloading of ICT systems on the Store’s website.
4.The seller reserves the right to modify or remove content posted by customers if it may constitute a violation of the regulation or applicable law.
12 Reporting infringements
1. If the Customer or another entity finds that the content published on the shop’s website does not respect his personal, moral rights, being in opposition to the regulations, he may report a possible violation to the seller.
2. The seller resolves any violations by taking immediate action to remove offensive or inappropriate content.
13 Protection of personal data
1. The rules for the protection of personal data are set out in the Privacy Policy.
The Seller shall use its best efforts to provide its services at the highest level and undertakes to maintain the confidentiality of correspondence with the Customer. Take measures to prevent unauthorised persons from accessing the server.
14 Termination of contract
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving any reason, subject to the preservation of the rights acquired by the other party prior to the termination of the contract referred to above.
2. The customer who has registered shall conclude the contract for the provision of electronic services by sending the Seller an appropriate declaration of intent using any means of distance communication.
3. The Seller shall terminate the contract for the provision of electronic services by sending a declaration of intent to the e-mail address entered by the Customer during registration.
15 Final provisions
1. The Seller shall be liable for non-performance or improper performance of the agreement only in the case of contracts concluded with Contractor Customers and shall be liable only for wilful damage and to the extent of the Contractor Customer’s actual losses.
2. The content of these regulations can be printed, saved or downloaded at any time from the shop’s website.
