Terms of service
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Introduction
1. These clauses (hereinafter referred to only as "Terms and Conditions") held by www.kimoio.com (hereinafter referred to as "seller") govern the rights and obligations arising out of or pursuant to the purchase agreement (hereinafter referred to as ") Concluded between the Seller and any other person or entity (hereinafter referred to as" buyer ") through the online store of the Seller. The online store is managed by the Seller on the website at www.kimoio.com via a web interface (hereinafter referred to as "online marketing"). 1.2. Also, the clauses regulate the rights and obligations when using the web page administered by the Seller at www.kimoio.com (hereinafter referred to as "web page") as well as other related legal relationships.1.3. The terms and conditions are an integral part of the purchase contract.
2. Concluding the purchase contract
2.1. The website contains a list of products offered for sale, including the prices of each individual product. The offer to sell the goods as well as the prices of the goods remain in force as long as they are displayed on the web page of the online store and the term of the campaign has not expired, if it was part of a campaign. This clause does not limit the Seller from concluding a contract of sale under individually negotiated conditions.2.2. The website also contains information on the costs of delivering packaged goods. Information on the costs of delivery of properly packaged goods is listed on the website of the online store.2.3. To order goods, the Buyer fills in an order form on the website of the online store. The order form contains information especially about: 2.3.1. the ordered goods (on the web page, the Buyer orders goods with the help of an "Add to cart" button in an electronic shopping cart), 2.3.2. the method of payment of the purchased goods, details regarding the available delivery methods of the ordered products and2.3.3. information on the costs associated with the delivery of goods (hereinafter referred to as "order"). 2.4. Before sending the order to the Seller, the Buyer is allowed to verify and modify the entered data, in order to have the chance to detect and correct the errors during the entry of the order data. The buyer sends the order by clicking on "Finish the order". The data specified in the order are considered by the Seller to be correct. Immediately after placing an order, the Buyer automatically receives confirmation of the launch of the order at the E-mail address / telephone number provided during registration or during the placement of the order, together with the related invoice.2.5. The contractual relationship between the Seller and the Buyer arises as soon as the acceptance of a delivery order (acceptance) takes place, which is sent to the Buyer by e-mail / telephone, according to the data provided by the Buyer.2.6. The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially in case of significant breaches of the Buyer's obligations towards the Seller.2.7 - By placing the order at www.kimoio.com you agree to the conditions delivery and return practiced by the online store.
3. Cost of goods and payment conditions
3.1. The Buyer pays to the Seller the price of the goods and any costs associated with the delivery of the goods within the purchase contract, in accordance with the methods offered in the order form, in case the Seller does not offer other payment methods.3.2. In addition to the purchase price, the Buyer will pay the costs associated with packaging and delivery at an agreed rate. The purchase price includes the costs associated with the delivery of goods, unless otherwise specified.3.3. Payment will be made upon delivery, the purchase price is paid upon receipt of the goods.3.4. Following the conclusion of the contract for the sale of a good, the Seller has the obligation to issue an invoice following the payment by the Buyer, in accordance with the legal regulations.
4. Cancellation of the contract
4.1. The buyer thus acknowledges that he cannot withdraw from the purchase contract in the following cases: the return of goods that are likely to be damaged, the supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the Buyer, the supply of goods which are, after delivery, according to their nature, inseparably mixed with other elements.4.2. If the conditions are not met in accordance with art. 5.1. and it is about other conditions of cancellation of the contract, the Buyer has the right to withdraw from the contract within 14 (fourteen) days from the receipt of the order, a term that the Seller extends to 90 days from receipt of the goods, and in case of delivery of a product in several packages with different delivery term, the 90 days will be calculated from the receipt of the last package. Withdrawal from the contract must be sent to the Seller, as mentioned above.4.3. In case of withdrawal from the contractual procurement clauses in accordance with art. 4.2., The contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) working days from the sending of the request for cancellation of the contract by the Buyer. If the Buyer withdraws from the contract, he bears the cost of returning the goods to the Seller, even if the goods cannot be returned to the usual address. The goods must be returned undamaged to the Seller and in the original packaging.4.4. In accordance with art. 4.3. The Seller has the right to examine within three (3) days from the receipt by the Buyer of the returned goods, in particular, to determine if they are not damaged, worn or partially used.4.5. In case of withdrawal from the procurement contract according to art. 4.2. The Buyer has the obligation to return the goods within fourteen (14) days, in the same way as the Seller delivered them to him. Also, the Seller has the obligation to return the amount collected following the purchase contract, unless otherwise agreed with the Buyer - if he has other orders placed that must be paid. The Seller is not obliged to return the money to the Buyer, until he returns the products or proves their return.4.6. The Buyer acknowledges and accepts that in case of damage, wear or partial use of the returned goods, the Seller has the right to compensation for the damages suffered. He has the right to compensation, so that the Seller has the right to decide unilaterally to what extent he will comply with the Buyer's claims for refund of the purchase price.4.7. Until the receipt of the goods by the Buyer, the Seller may withdraw from the contract at any time. In this case, the Seller returns the purchase price, without undue delay, by bank transfer to an account specified by the Buyer.4.8. If the Buyer agrees to accept a gift together with the purchased goods, this gift must be returned with the goods, if one of the parties cancels the contract. The buyer loses the right to the gift.
5. Packing and delivery
5.1. If the Seller must deliver the goods to an address specified by the Buyer in accordance with the purchase contract, the Buyer is obliged to accept the goods upon delivery. If the Buyer does not take over the goods upon delivery, the Seller has the right to cancel the contract of sale.5.2. If the goods have to be delivered repeatedly due to the Buyer, or in any other way than mentioned in the order, the Buyer is obliged to pay the costs associated with repeated deliveries, respectively the costs associated with other delivery methods.5.3. When taking over the goods from the courier, the Buyer is obliged to check the integrity of the goods packaging, as well as to notify the courier in case of any damages. In case of finding the unauthorized sale of the packaging, the Buyer has the right to refuse to take over the goods from the courier. By signing the delivery note by the Buyer, he confirms that the goods were untouched and in good condition after transport.
6. Rights in case of complaint
6.1. The rights and obligations of the parties, regarding the seller's liability, in case of defective execution, are regulated by the legislation in force.6.2. The seller is responsible for the goods sold to be in accordance with the purchase contract and to be free from defects. In order for the good to be in accordance with the purchase contract, this sold good must have the quality and properties mentioned in the contract, confirmed by the Seller, manufacturer or his representative, or confirm the ads with descriptions, or qualities and properties of the same nature, which meet the requirements of the legislation and are quantitatively correct, of correct size and weight and correspond to the purpose for which the Seller certifies that they are used.6.3. The complaint of defective execution must be submitted by the Buyer by e-mail contact@kimoio.com. The claim is considered valid when the Seller takes possession of the goods returned by the Buyer. Any claim cannot be considered once the product is received dirty. The product must be received as delivered, without defects or signs of wear.6.4. The seller regulates any other rights and obligations of the parties regarding his liability regarding claims for product defects.
7. Other rights and obligations of the parties
7.1. The buyer acquires the property right over the goods by paying in full the purchase price.7.2. Buyer certifies that both the software and other content of the online store's website (including photos of the products offered) are protected by copyright. The buyer agrees not to undertake any activity that would allow him or a third party to intervene illegally by using the software or any content on the website of the online store.7.3. The buyer has no right to use the website in order to take over commercial mechanisms, software or other actions that could adversely affect the operation of the web interface activity. The website may be used only to the extent that such use is not to the detriment of the rights of other customers and to the detriment of the Seller, or is not in accordance with the purpose of use.7.4. This contract is subject to law. Any disputes between www.kimoio.com and Customers / Buyers will be settled amicably or, if this is not possible, the disputes will be resolved by the competent courts in Romania.7.5. Buyer is aware that Seller is not responsible for errors resulting from inappropriate interference by third parties on its site resulting from the use of the website.
8. Confidentiality and retrieval of personal data
8.1. The management of personal data, both the protection of personal data belonging to the Buyer or any user of the website, or the transmission of such personal data, is done in accordance with the law in force.
9. Use of cookies
9.1. The so-called cookies are used on the website.
10. Correspondent
10.1. All correspondence regarding the sales contract must be made in writing, by e-mail, in person or by registered letter by post (at the choice of the sender). The buyer receives correspondence at the e-mail address specified in the user account or in the placed order.
11. Final provisions
11.1. If a relationship is related to the use of the website or the legal relationship of the procurement contract includes an international (foreign) element, then the parties agree that the relationship is governed by Romanian law. This does not affect the rights of consumers resulting from the general legislation, which is binding.11.2. The seller is authorized to sell goods under a license and an authorization for the purpose of carrying out the commercial activity, and is not subject to another authorization. The commercial inspection is carried out in its sphere of competence by the relevant office for granting commercial licenses.11.3. If any provision of the Terms and Conditions is not valid or is ineffective, that provision is replaced by a provision whose meaning is closest to the valid one. The invalidity of a provision is without prejudice to other provisions. Modifications and completions of the procurement contract or of the terms and conditions must be made in writing.11.4. The acquisition contract, including the terms and conditions are archived by the seller in electronic format, which is not accessible.
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