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1. DEFINITIONS AND TERMS
Operator / Seller - PURSA PURCHASING & SALES SRL, headquartered in Galati Municipality, str. Odobesti no. 1 bis. C4, cam. 1111, having the email address sales@aercovent.ro, owner of the site www.aercovent.ro.
Buyer - can be any natural person over the age of 16 or legal person or any legal entity that makes an Account on the Site and places an Order or that orders by sending the order in writing to sales@aercovent.ro.
Client - can be any natural person over 16 years of age or legal person who has or obtains access to CONTENT, through any means of communication provided by Aercovent (electronic, telephone, etc.) or based on an existing user agreement between Aercovent and it and which requires the creation and use of an Account.
User - any natural person over the age of 16 or a legal person registered on the Site, who, by completing the account creation process, has confirmed the reading of the Terms and Conditions section.
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.). The user is responsible and will ensure that all information entered when creating the Account is correct, complete and up to date.
My Basket - section of the Account that allows the Buyer / User to add Goods that he wants to purchase at the time of addition or at a later time;
Site - the online store hosted at www.aercovent.ro.
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 from the Site.
Goods - any product listed on the Site, including the products mentioned in the Order, which are to be provided by the Seller to the Buyer as a result of the Contract (request - offer followed by purchase) concluded.
Contract - represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content - represents:
• 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 the 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 the tariffs practiced by the Seller in a certain period;
• information related to the Goods and / or tariffs practiced by a third party with which the Seller has concluded partnership contracts, in a certain period;
• data regarding the Seller.
Document - Terms and Conditions.
Commercial Communications - any type of message sent (such as: e-mail / SMS / telephone / mobile applications / etc.) Containing general and thematic information, information on products similar or complementary to those you have purchased, information regarding offers or promotions, information regarding Goods added in the “My Account / Basket” section or the “Account / Favorites” section as well as other commercial communications such as market research and opinion polls.
Transaction - the collection or reimbursement of an amount resulting from the sale of a Good by the Seller, 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 as specified in their description.
Payment - the payment service provided by the payment processor integrated in the Site, made available to Customers and / or Buyers through the Site in order to make an online card payment.
2. CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees with the form of communication (telephone or e-mail) through which the Seller carries out its commercial operations.
2.2. The notification received by the Buyer, after making the Order, has the role of information and does not represent the acceptance of the Order unless this notification is made electronically by confirmation sent by e-mail.
2.3. For justified reasons, the Seller reserves the right to change the quantity in the Order. If you change the quantity of Goods in the Order, you will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will return the amount paid.
2.4. 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 Order confirmation.
2.5. The document and the information provided by the Seller on the Site will be the basis of the Contract, in addition to its being the guarantee certificate issued by the Seller or a supplier thereof for the purchased Goods.
3. ONLINE SALES POLICY
3.1. Access to place an Order is permitted to any User / Buyer.
For justified reasons www.aercovent.ro is reserves the right to restrict the access of the User / Buyer in order to place an Order and / or to some of the accepted payment methods, if it considers that based on the conduct or activity of the User / Buyer on the Site , his actions could harm the Seller in any way.
3.2. Communication with the Seller can be done by direct interaction with him, through the addresses mentioned in the "contact" section of the Site. The seller has the freedom to manage the information received without having to bring justifications for it.
3.3. The Seller may publish on the Site information about Goods and / or promotions practiced by him or by any other third party with which he has concluded partnership contracts, in a certain period of time and within the limit of the available stock.
3.4. The tariffs related to the Goods presented in the Aercovent Online Store are expressed in €uro (EUR) and do NOT include VAT.
3.5. 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.
3.6. All the information used to describe the Goods available on the Site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW
4.1 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 the Seller, being -all reserved the rights obtained for this purpose directly or indirectly (through licenses for use and / or publication).
4.2 The Customer / Buyer / User is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, display, include any Content in any context other than the original intended by the Seller, including to any Content outside the Site, the removal of the signs that signify the copyright of Aercovent 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 Aercovent.
4.3 Any Content to which the Customer / Buyer / User 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 Aercovent and it, and without no implied or express warranty made by Seller in relation to that Content.
4.4 Customer / Buyer / User 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.
4.5 No Content transmitted to the Customer, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and / or viewing constitutes a contractual obligation on the part of the Seller and / or the employee / agent the one who mediated the transfer of the Content, if it exists, to the respective content.
4.6 Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying use agreement, if any, is prohibited.
5. TRADEMARK
5.1. Graphics, logos, page headers, icons, scripts and product names included or made available through any Aercovent service are trademarks of Aercovent or its partners / owners.
5.2. The trademarks used by Aercovent with the consent of the partners may not be used in connection with any product or service that is not owned by Aercovent or its partners and owners, in any way that could cause confusion among customers or in any way that despises or discredit Aercovent. All other trademarks not owned by Aercovent and appearing in any Aercovent sales service are the property of their respective owners and partners.
6. PATENTS OF INVENTION
6.1. One or more patents held by PURSA PURCHASING & SALES S.R.L. applies to features and services accessible through the Aercovent online store. There are equipment’s that are put up for sale by Aercovent and that operate under the license of one or more patents. At the customer's request, a list of patented equipment can be made available.
7. RISKS OF LOSS / DAMAGE TO PRODUCTS
7.1. All purchases of physical items from the Aercovent store are made in accordance with a shipping contract produced by the mutually agreed carrier. If the carrier is chosen by you then the responsibility for the loss or damage of the products rests with the buyer from the moment of our delivery to the carrier.
8. PRODUCT DESCRIPTION
8.1. The Aercovent online store tries to be as accurate as possible in the details written. However, Aercovent does not warrant that the product descriptions or other content of any Aercovent service are accurate, complete, reliable, current or error-free. If a product offered by Aercovent itself is not as described, the solution is to replace it with another product.
9. PRICES
9.1. "List price" means the suggested retail price of a product or equipment intended for sale. We regularly check the prices and update them so that we are competitive on the local market. All products displayed "Price in € without VAT".
9.2. Regarding the products sold by Aercovent, we cannot confirm the updated price of an item until you order. Despite our efforts, a small number of items in our catalog may be wrongly priced.
9.3. If the correct price of an item sold by Aercovent is higher than the stated price, we will contact you, at our discretion, for pre-shipment instructions or cancel your order and notify you of this cancellation. Other merchants may follow different policies in the event of a wrong price item. Generally, we do not charge your credit card until your order has entered the shipping process or, for digital products, until we make the digital product available to you.
10. ORDER
10.1. The Client / Buyer can place Orders on the Site, by adding the desired Goods to the shopping basket, following to complete the Order by making the payment in one of the ways expressly indicated. Once added to the shopping basket, a Good is available for purchase as long as there is stock available for it. The addition of a Good in the shopping basket, in the absence of the completion of the Order, does not entail the registration of an order, implicitly also the automatic reservation of the Good.
10.2. 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.
10.3. 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.
10.4.1 The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to 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:
10.4.2 Non-acceptance by the issuing bank of the Buyer's card, of the transaction, in case of online payment; invalidation of the transaction by the card processor approved by the Seller, in case of online payment;
10.4.3. The data provided by the Client / Buyer on the Site are incomplete and / or incorrect;
10.4.4. In general, we do not accept products for return unless they are stockable for us or are non-conforming. In case of warranty, depending on the situation, the product is repaired or replaced.
10.4.5 In case the Buyer decides to withdraw from the Contract, he will be able to send an email to the supplier at sales@aercovent.ro.
10.4.6 If the Client / Buyer requests the withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date of informing the Seller by the Buyer of his decision to withdraw from the Contract. The amount will be returned as follows:
10.4.7 For Orders paid by bank card -> by refund to the account from which the payment was made or by generating a voucher with the value of the returned product;
10.4.8 For Orders paid with Op / iTransfer / -> by bank transfer or by generating a voucher with the value of the returned product
10.4.9 The Seller may postpone the refund until the Goods have been sold or until they have received proof that they have been shipped, if he has not offered to recover the Goods himself (the most recent date will be taken).
10.4.10 If the Good is returned in a condition in which it can no longer be sold as new (open packaging, accessories missing, the Good is damaged), we reserve the right to request a fee for returning the Good to its original stage, as appropriate or to cover the price difference resulting from the sale of the product as resealed or, at the Buyer's request, we will resend the Good, the delivery costs being borne by the Buyer.
11. CONFIDENTIALITY
11.1. The seller will keep the information of any kind that you provide confidential. Disclosure of the information provided may be made only under the conditions mentioned in this Document.
11.2. 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.
11.3. By submitting 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, this information, ideas, concepts, know-how or techniques that you have sent us through the Site. The seller 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.
12. COMMERCIAL COMMUNICATIONS
12.1. By adding Goods in the Account section:
"My Basket", the Seller will send to the Buyer / User Commercial Communications regarding:
- when changing the price of the Goods added in the “My Basket” section,
- to recommendations of Goods similar to those added in the "My Basket" section,
- the existence of the Goods in the “My Basket” section, and
- stock availability Goods added in the "My Basket" section.
12.2. Following the purchase of a Good, the Seller will send to the Buyer / User Commercial Communications regarding:
- suggestions of Goods recommended to be used together with the purchased Good or Service.
13. BILLING - PAYMENT
13.1. The prices of the Goods displayed within the site www.aercovent.ro included VAT according to law.
13.2. The price, the payment method and the payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the delivered Goods, the obligation of the Buyer being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
13.3. The Seller will send to the Buyer the invoice related to the Order containing Goods sold by www.aercovent.ro and 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 mentioned by the Buyer. His account.
13.4. 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.
13.5. Through this method of communication, the Buyer, accessing his Account, will keep a record of the invoices issued by Aercovent, being able to save and archive them in his turn at any time and in any way he wants.
13.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by adding them by Aercovent in the Account or by e-mail, to the e-mail address mentioned in his Account.
13.7. Payment via BTPay is a fast way to pay online with the card, which consists of making the payment as follows:
• The online store collects information about the customer, delivery and payment method
• The customer selects "payment by card", being redirected to the secure payment page
• After entering the card details, the customer is directed to the 3D Secure page, where he will enter the password received via SMS, for extra security
• The online store receives the answer about the payment made and its status
All Visa cards (issued under the Visa and Visa Electron logos) and MasterCard (issued under the MasterCard, Maestro and Cirrus logos) that have the right to use on the Internet are accepted for payment.
13.8. The payment card data of the User / Buyer will not be accessible to www.aercovent.ro nor will it be stored by the Seller, but only by the institution authorizing the Transaction or another entity authorized to provide card identification data storage services about whose identity the User / Buyer will be informed, prior to entering the data.
13.9. More information about making the payment by card through BTPay can be found in the Privacy Policy (https://www.bancatransilvania.ro/politica-prelucrare-si-protectie-date personally/) and in the Terms and Conditions (https://www.bancatransilvania.ro/termeni-si-conditii/)
14. DELIVERY OF GOODS
14.1. The Seller will ensure the proper packaging of the Goods and will ensure the transmission of the documents.
15. WARRANTIES
15.1. All the Goods sold by www.aercovent.ro benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the producers. The goods
they are new, in the original packaging and come from sources authorized by each manufacturer.
15.2. 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.
16. TRANSFER OF PROPERTY OF GOODS
16.1. 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).
17. RESPONSIBILITY
17.1. The Seller shall not 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 after delivery and in particular for their loss.
17.2. By creating and using the Account, the User / Buyer assumes responsibility for maintaining the confidentiality of 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 carried out through his Account.
17.3. By creating the Account and / or using the Content and / or placing Orders, the Customer / User / Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing at the time of account creation. and / or the use of the content and / or the date of placing the Order.
17.4. Seller reserves the right to periodically update and modify the Site Terms and Conditions to reflect any changes to the Site's terms and conditions of operation or any changes to legal requirements. The document is opposable to Customers / Users / Buyers from the moment of posting on the Site. In the event of any such changes, we will display the amended version of the Document on the Site, for which reason please check the contents of this Document periodically.
18. PROCESSING OF PERSONAL DATA
18.1. We invite you to browse the Privacy Policy regarding the processing of personal data on the site.
19. USE OF COOKIES
19.1. We invite you to browse the Cookie Policy on the site.
20. FORCE MAJEURE
20.1. 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.
20.2. 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.
21. APPLICABLE LAW - JURISDICTION
21.1. This contract is subject to Romanian law. Any disputes arising between the Seller and Users / Buyers will be settled amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts.