1.1 The "Supplier" is represented by the company "Polytrade Global SRL" based in Romania, Str. Sos. Bucuresti Nord nr. 10, Voluntari Ilfov, identified by CUI RO30618187, No. Registration with the Trade Register J23 / 2524/2012.
1.2 The "Client" is represented by any natural and/or legal person who also has the quality of "User" through creation of an account within the platform. The person representing the Client is represented by the holder of the active account in the platform, the Online Store / Marketplace.
1.3 The Supplier and the Client/User shall be individually referred to as the "Party" and collectively as the "Parties".
2. Definitions
2.1 Application / Platform - The desktop and/or mobile software application, made available to the Client/User by the Supplier, intended for installation on a mobile device owned by the Client/User and which allows, in particular, its use by accessing the link https://polytrade.global or downloading through "Google Play" and/or the "Apple Store".
2.2 Supplier - the company / legal entity that sells and offers for sale the products and/or services listed on the platform, the Online Store / Marketplace.
2.3 Customer - Any natural person who is at least 18 years old or a legal person who makes direct purchases from the Online Store / The Supplier's Marketplace, paying the price of the products purchased through the platform.
2.4 Consumer - Any natural person or group of natural persons incorporated in associations, acting for purposes outside its trade, industrial or production, artisanal or liberal activity. Legal entities do not enter into the content of the notion of consumers and in the case of contractual relations between the Supplier and them, the legislation on consumer protection will not be applied.
2.5 User - It is represented by the natural person who is at least 18 years old or the legal person who has an active account within the platform, the Online Store / Marketplace.
2.6 ActiveAccount- The electronic service made available to the Client by the Platform, with recurrence, identified by the email address (Login) and Password, entered by the Client, resources collected by the Supplier's information system, and which allows the Client to use the functionalities / services of the Platform (i.e. placing orders, viewing orders, fiscal invoices, etc. );
2.7 Temporary Account - The electronic service made available to the Customer by the Platform, without recurrence, in order to be able to make orders at the moment providing certain details necessary for placing / taking over the Order, without having the possibility to view / verify a transaction history.
2.8 Products and Services - The mobile goods which are listed within the Platform, mentioned in the Order and which is the object of the Distance Contract, to be provided by the Supplier to the Client or user, in exchange for payment of the Price. The products and services will be generally called “Products” and may refer sometimes to Services too in the case is not clearly mentioned but can be deducted from the text or the item definition that is referred to as being a Service.
2.9 Shopping Cart - the service that the Supplier offers to each Customer or User of the Platform and that allows placing the Order for one or more Products and/or Services, viewing the Price of each Product separately and all the Products together, the possible costs related to the delivery of the Products and the estimated date of their delivery. By means of an Order, the Customer or the User may add several Products to the Shopping Cart in order to conclude the Remote Contract with the Supplier.
2.10 List of favorites - the section of the Platform where the Customer can add Products that he wishes to follow in view of a potential purchase and which he can delete or add later to the Shopping Cart.
2.11 Offer RequestList - The section of the Platform where the Customer can add Products for the ones who wants to receive an offer for, if those products do not have prices displayed on the Platform or if he wants preferential prices for quantities considerably higher than the Platform allows for direct purchases.
2.12 Comparison Function - The functionality by which certain elements of two or more products can be compared.
2.13 Commercial Communications (Newsletter) - The electronic "newsletter" service that allows Customers or Users to receive regular information from the Supplier, especially about new Products, Promotional Campaigns and other Products offered for sale within the Platform, to the e-mail address or telephone number that the Client and/or User have provided in the process of creating the Account.
2.14 Promotional Campaigns - Represents the particular conditions of sale of the Products exhibited within the platform such as, but not limited to (i.e. the reduction of the Price or delivery costs, within the limit of available stocks, or valid in a certain period of time, etc.);
2.15 Distance Contract - Sale-purchase contract concluded at a distance, without the simultaneous physical presence of the Supplier and the Client / User, materialized in an order confirmed and accepted by the Supplier, by email, and through which the Supplier agrees to sell and deliver the Products, and the Customer / User agrees to purchase, receive and make the payment for these Products, in accordance with the principles established by the Terms and Conditions of the Platform;
2.16 Price - The amount of money that the Supplier receives in exchange for providing the Customer / User with the Ordered Product, in accordance with the terms and conditions of the Distance Contract. The price consists of the value of the Product, to which are added, as the case may be, the related transport and/or collection costs.
2.17 Additional costs - the amounts of money that the Client / User will pay for the transport / delivery, and/or postal fees, bank charges or of any other nature, which are necessary for the delivery of the products.
2.18 Order - An electronic document that intervenes as a form of communication between the Seller and the Customer / User, through which the Customer / User expresses his intention to conclude a Distance Contract, using the means of distance communication", specifying at the same time the Products that the Customer offers to purchase from the Supplier, providing him with the necessary data for the conclusion and execution of the Distance Contract.
2.19 Transaction - The operation of collection or reimbursement to the Customer / User of the amount resulting from the sale of a Product by the Supplier, by using the services of the payment processor agreed by the Supplier with his Bank, or by bank transfer by payment order, regardless of the delivery method chosen by the Client / User.
2.20 Invoice - An electronic document that occurs after the confirmation of the Customer's order and the payment of the Price, as a form of completion of the distance contract for certain Products and/or Services between the Supplier and the Customer / User.
2.21 Payment and Methods of Plata - Payment is the operation of payment of the Products and/or Services by the Client to the Supplier, by various means, such as but not limited to them: payment by card through the application, payment by bank transfer, cash on delivery, cash on delivery by card, cash payment at the Supplier's Point of Sale, etc.
2.22 Point of Sale - Represents the place / physical store of the Supplier through which he sells his Products.
2.23 Warehouse - Represents the supplier's storage place, from where the goods are transported to the Destination or the Supplier's Point of Sale.
2.24 Delivery - Represents the action by which a product is transported from the Supplier to the Customer through the supplier's staff or a third party / Partner that can be called Carrier or Courier.
2.25 Warranty - Represents the period during which the quality of a product is guaranteed by the Supplier and during which the product can be returned to the Supplier in the event that the product presents defects or production defects.
2.26 Return - Represents the return of products originally purchased through the platform. The conditions for returning the products must be in accordance with the Return Policy mentioned in these Terms and Conditions.
2.27 Complaint - any complaint, petition, complaint made by a Party to the other Party or to a public entity with a certain competence depending on the caz.
2.28 Courier/Carrier - Any company which provides express courier services and/or transport.
2.29 Privacy Policy - The policy by which the parties to the contract undertake not to disclose information considered confidential to each party involved in the contract.
2.30 Cookies and Cookies Policy - An "Internet Cookie" (a term also known as "browser cookie" or "HTTP Cookie" or "Cookie") is a small file of letters and numbers that will be stored on your computer, mobile terminal or other equipment of a user through which the Internet is accessed. The Cookie Policy represents the purpose and the way for which the Platform uses this information.
2.31 Intellectual Property - Intellectual property is a form of legal title that allows the owner to control the use of certain intangibles elements, such as ideas or expressions. Common forms of intellectual property include: patent, copyright, trademarks, industrial/trade secrets, etc.
2.32 Applicable Law - the applicable law(s).
2.33 Working Day - One of the days from Monday to Friday inclusive, except for public holidays, declared days off.
2.34 Partner of the Supplier – Company that provides the Supplier with certain products and/or Services.
2.35 Payment Operator – Partner of the Supplier, authorized under the law and accepted by the Supplier's bank, which operates the payments made by the Clients with the card through the payment module within the Platform.
2.36 Customer Support - The department through which the Supplier provides support services to Clients and/or Users of the Platform.
2.37 Ticket - A request made through a module or platform, or email to the Supplier in order to receive a response or to solve a problem and/or complaint.
2.38 Product in Stock - Product that is in the supplier's stock.
2.39 Product in Stock Supplier - Product that is in the stock of the Platform Partner.
2.40 Product to Order- Product that the Supplier does not have in stock and can offer based on a special order from the Client / User. These types of products are not subject to a potential return from the Customer after the order is made and confirmed by the Supplier. The request for the Product to Order can be made through the Offer Request functionality within the Platform or directly to the Supplier by email sales@polytrade.global.
2.41 Chat – The module within the Platform through which the Client and /or the User can connect with an employee of the Supplier in real time (within the limits of working hours) for different questions and/or uncertainties / needs.
3. General Conditions Online Store / Marketplace
3.1 The Supplier makes available to the Client the Platform and the content presented through it.
3.2 The Terms and Conditions of the Platform are addressed to users, consumer customers and non-consumers who use the platform or conclude Distance Contracts.
3.3 The information presented within the Platform on Products constitutes only the invitation to the conclusion of the Sales Contract within the meaning of article 2 point 7 of the Government Emergency Ordinance no. 34/2014 on the rights of consumers in contracts concluded with professionals, as well as for the amendment and completion of certain normative acts.
3.4 The acceptance of the Terms and Conditions of the Platform is voluntary, but necessary for the creation of the Account and/or for the purpose of placing orders by the Client / User, representing a formality prior to the conclusion of the Distance Contract.
3.5 Navigation within the Platform, followed by the Order, is equivalent to reading, understanding and express acceptance by any Client or User of the Terms and Conditions of the Platform.
3.6 The Supplier reserves the right to change and update, at any time, the content of the platform, as well as the Terms and Conditions of Use, without any prior notice. In case of divergence or disagreement between the Supplier and the Client / User, the Terms and Conditions of the Supplier valid at the time of placing the Order by the Client / User will apply.
3.7 The Terms and Conditions of the Platform are completed by the additional notes mentioned on the Supplier's documents and the legislation in force.
3.8 The Supplier reserves the right to fix the maximum quantity of Products that the Customer and/or the User can order through the Platform.
3.9 All the information used to describe the Products available within the Platform (i.e. still/dynamic images/multimedia presentations, data sheets, etc.) does not represent a contractual obligation on the part of the Supplier, these being used within the Platform exclusively for presentation purposes. The Supplier reserves the right to modify them at any time without prior notice.
3.10 If the payment of the Product Price is made online, the Supplier is not/cannot be held responsible for any additional cost occasioned to the Customer/User, including, but not limited to, currency conversion fees applied by the bank issuing the Client/User's bank card, other charges.
3.11 The Supplier may assign and/or subcontract to a third party services related to the fulfillment of the Order, without the need for its consent. In all cases, the Supplier will be liable to the Client / User for all contractual obligations assumed under the Distance Agreement.
3.13 In the event that the Platforma is affected by an unusually high volume of traffic, the Supplier reserves the right to request customers/users to manually enter captcha validation codes in order to protect the Platform.
3.14 Any behavior ofthe Client/User may be considered offensive or fraudulent by the Supplier, as well as but not limited to: the creation of multiple accounts with non-nominal addressesthat may have a limited duration and/or unallocated phone numbers, etc.) gives the Supplier the right to suspend and/or cancel the Client/User's account and to make a complaint to the competent institutions.
3.15 Any attempted fraud or any fraud (such as, but not limited to accessing the data of customers and/or users of the Platform and/or application, alteration of the content of the platform, attempt to affect the performance of the servers serving the platform, misappropriation of the content of deliveries of products to third parties, etc.) will be punished according to the legal provisions in force.
3.16 The Client/User has the right to withdraw from the Distance Contract, without specifying the reasons and without incurring any expenses, other than those provided by law. In order to exercise the right of withdrawal within the term provided by the Applicable Law, the Client/User must inform the Supplier of the right to withdraw using an unequivocal statement, which can be sent directly through the User's Account, by email to helpdesk@polytrade.global or by post using the Contact Details in the Contact section/page of the Platform.
3.17 The withdrawal period from the Distance Agreement is 14 calendar days and starts from the date on which the Product was taken over by the Customer / User or by a third party designated by him, other than the Courier, and in the case of a Distance Contract that includes several Products that are delivered separately, in batches or parts, from the entry into possession of the last Product, lot or part.
3.18 In case of withdrawal withinthe legal term, the Supplier has the obligation to communicate to the Client / User the confirmation of receipt of the withdrawal, and within 14 calendar days from the receipt from the Client / User of the declaration of termination of the Distance Contract, it will return to him, the payments made in connection with the Product / Products that are the subject of withdrawal, excluding the cost of transport.
3.19 In case of withdrawal from the Distance Contract, unless the Supplier has offered to recover the goods himself on another date, the Client/User has the obligation to return them to the Supplier or the person designated by him, without delay unjustified, within 14 days from the date from which he communicated to him the decision to withdraw from the contract.
3.20 In the case of promotions that contain "Bundle" gift products, and in the event that the Customer / User withdraws from the contract, he / she does not have the right to keep the gift product, having the obligation to return all the products that were the objects of the promotion.
3.21 The Supplier shall return the Price using the same payment method that the Client/User used, and in case of reimbursement/cash payment, the amounts will be transferred to the bank account made available to the Supplier by the Client.
3.22 Exceptions to the right of withdrawal from the Distance Contract:
3.22.1 The Client cannot exercise its right of withdrawal for the supply of sealed products which cannot be returned for health protection or hygiene reasons and which have been unsealed by the consumer: nutrition products, cosmetics, linen products, electronic products which have come into contact with the skin/hair/oral cavity (for hygiene reasons, they are accepted return only after bringing them to conformity by replacing the elements that have come into contact with the skin / hair / oral cavity).
3.22.2 For the sake of clarity, in accordance with the provisions of Art. 16 of the Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing certain normative acts, the following are exempted from the right of withdrawal from the distance contract:
3.22.2.1 service contracts, after the full provision of the services, if the performance has begun with the customer's prior express consent and after he has confirmed that he has become aware that he will lose his right of withdrawal after the full performance of the contract by the Supplier.
3.22.2.2 the provision of products and/or services the price of which depends on fluctuations in the financial market which the Supplier cannot control and which may occur during the withdrawal period.
3.22.2.3 providing products made to the specifications presented by the Customer or clearly customized.
3.22.2.4 the supply of products that are liable to deteriorate or expire rapidly;
3.22.2.5 the supply of sealed products which cannot be returned for health protection or hygiene reasons and which have been unsealed by the Customer.
3.22.2.6 the supply of products which are, after delivery, according to their nature, inseparably mixed with other elements;
3.22.2.7 contracts in respect of which the Client has specifically requested the Supplier to go to his home in order to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Supplier provides services other than those expressly requested by the Customer or supplies products other than spare parts indispensable for the execution of maintenance or repair work, the right of withdrawal shall apply to such additional services or products;
3.22.2.8 the provision of sealed audio or video recordings or sealed software that have been unsealed after delivery;
3.22.2.9 the provision of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications;
3.22.2.10 the supply of digital content which is not delivered on a tangible medium, if the supply began with the express prior consent of the Client and after it has confirmed that it has become aware that it will lose its right of withdrawal.
4. Processing of Personal Data
4.1 Protection of Personal Data by the Supplier - In order to establish a collaboration, the Supplier processes in its own records, the personal data on the basis of the legal obligations it must comply with, in order to place an offer, notification, confirmation of orders or to conclude the contract and based on its legitimate interest. Certain personal data may be requested to be entered into the company's ERP system, these being necessary to achieve the purpose mentioned in advance, otherwise it will lead to the Supplier's impossibility to establish a commercial relationship with the Client. Personal data will be stored according to the law and access to them, or their removal may be made by a request at the Supplier's headquarters or by email address gdpr@polytrade.global.
4.2 Protection of Personal Data by the Client – The Client has the obligation to comply with the European Regulation and international laws regarding the protection of personal data. If he stores this data, he must inform the Supplier and must provide him with access to it and the possibility to request their deletion / removal from the Client's records and databases.
4.3 The consent to receive Commercial Communications is manifested by the Client and/or the User as a result of accepting the Terms and Conditions regarding the creation of the Account within the Platform, only in this way the account can become active.
5. Use of the Platform and Conditions of the Distance Contract
5.1 Registering a User
5.1.1 For creating an account on the Platform, the potential Client is required to use a valid email address, a cell phone number and a password. Registering your Account requires repeating your Password twice to detect and correct typos.
5.1.2 The Customer obtains access to the Account with the help of login and password, as well as by logging in through their Facebook or Google account. The Account allows the storage of information regarding the addresses provided by the Customer for the Ordered Products, the status and history of the Orders, the tax invoices issued by the Supplier, as well as the access of other services made available by the Platform, such as the List of Offer Requests, the List of Favorite Products, the List of Tickets, etc.
5.1.3 The Client is obliged to keep the Password in full confidentiality, not to disclose it to third parties and understands that if he entrusts someone with the Password of the Account, that person will have access to his personal data, and the Supplier will thus be exempted from any liability that would derive from an unauthorized use of the Account.
5.1.4 The Supplier offers the possibility to the Client to change his Password at any time.
5.1.5 The Supplier may refuse the request for registration of an Account in situations where the Suport Customer Department or the Technical Department of the Company finds that information that is not in accordance with reality has been used in the account creation process.
5.1.6 The customer has the possibility, at any time and without any reason, to delete the Account (cancellation of the Account), either directly from the Account or by sending a request to helpdesk@polytrade.global.
5.1.7 The creation of the Account is not mandatory and/or necessary to place an Order within the Platform, this can also be performed by a User without an active Account.
5.2 Conclusion of the Distance Contract
5.2.1 The Distance Contract is considered to be concluded when the Supplier confirms by email the placing of the Order by the Customer / User and the availability of the Product / Products, by accepting his offer regarding the purchase of the Product / Products mentioned in the Order.
5.2.2 The Distance Agreement refers in particular to the Product, its main features, price, shipping costs and other relevant conditions, its content being supplemented by the Terms and Conditions of the Platform.
5.2.3 The Supplier strives to ensure the availability of all Products and to achieve the subject matter of the Distance Agreement. If the delivery of the Products is not possible for reasons independent of the Supplier, the Customer/User is entitled to terminate the Distance Contract and return all the amounts paid, as the case may be. The Client/User may not claim the payment of moral damages.
5.3 Placing your Order
5.3.1 The Supplier offers the possibility to place an Order for Products in the following way:
5.3.1.1 by accessing the platform from the computer;
5.3.1.2 by accessing the platform on your phone or tablet.
5.3.2 In order to make an order, the Customer can register an active account. An Order within the Platform can also be made by a User without an active Account.
5.3.3 The Customer assumes that placing the order involves making the payment of the price prior to confirming the Order and providing details regarding the manner and place intended for delivery of the Products.
5.3.4 The Supplier cannot be held liable for information entered erroneously by the Client and/or user, from which delays or impossibility of delivery may arise. At the same time, in this case, the Supplier cannot be held liable for any possible damage suffered by the Customer and/or the User as a result of the delay in the delivery of the Order.
5.3.5 The Supplier may refuse an Order, subject to the transmission of prior notification to the Customer and/or the User, without any obligations between the Parties and without the possibility for the Client and/or the User to be able to claim damages, in any of the following situations:
5.3.5.1 failure / invalidation of the Transaction;
5.3.5.2 non-acceptance by the issuing bank of the Client/User's card of the Transaction, made by bank transfer;
5.3.5.3 incomplete or incorrect data provided by the Client and/or user;
5.3.5.4 the activity of the Client and/or the User may cause damage to the Platform and/or to the Commercial Partners.
5.3.5.5 there are reasonable suspicions that the Client / User places Orders solely for the purpose of accumulating certain benefits offered by the Platform (i.e. does not honor the Orders later, canceling them or not paying the Product Price).
5.3.5.6 there are reasonable suspicions of possible fraud on the part of the Customer or the User regarding the method of payment of the Product Price.
5.3.6 Even if it has taken all measures to ensure that the information presented on the Platform is accurate and correct, the Supplier cannot be held responsible for the inaccuracies that may occur in the completion by the Customer and/or the User of the forms in the Platform for completing the Order. The Customer and/or the User are responsible for the correctness and completeness of the information they provide within the forms available on the Platform.
5.3.7 If a Product ordered by the Customer / User can no longer be delivered / provided by the Supplier for any reason, we undertake to inform the Customer / User of this fact, either by phone or by email and if the Customer / User has paid prior to this information the value of the Product, to return to the Client’s bank account the value of the Product, within a maximum of 14 days from the date on which the Supplier became aware of this fact or from the date on which the Client / User expressly expressed his/her intention to exit the Distance Contract.
5.3.8 The Supplier reserves the right to establish a minimum value threshold of the Order, for which the delivery of the Product / Products could be offered free of charge, a decision that is at the Supplier's discretion and will be communicated to the Customer / User through the Platform.
5.3.9 The Supplier reserves the right to cancel product orders that are displayed on the Platform as a result of technical errors or that, due to technical errors, present manifestly erroneous / derisory prices for products.
5.3.10 The Supplier will notify the Customer / User by email about the status of the Order (i.e. initiating and taking over the Order, sending and picking up the package, etc.).
5.3.11 By placing the Order, the Customer and/or the User certify that they have reached the age of 18.
5.4 Methods and Terms of Payment
5.4.1 The payment of the products can be made at different terms and through different ways, depending on the Client/User's option , namely:
5.4.1.1 Prior to receiving the product, at the time of placing the Order in the Platform, through the payment processors of the Supplier's Partners – card payment.
5.4.1.2 After placing the order in the Platform but before the delivery of the goods, payment by bank transfer.
5.4.1.3 Reimbursement, to the Courier,at the time of delivery of the goods, in cash or payment by card.
5.4.1.4 Payment in installments, if applicable. This case is applicable only if it is expressly mentioned by the Supplier in the payment methods and may contain additional conditions and guarantee of payment by the Client / User.
5.4.2 The payment is considered made at the time when the Supplier's bank account was credited.
5.5 Invoicing
5.5.1 The price, the method of payment and the payment term are specified in the Order. The Supplier will issue to the Customer a tax invoice for the Products delivered according to the Order, the obligation of the Client / User being to correctly and completely specify all the information necessary for the issuance by the Supplier of the fiscal invoice, in accordance with the legislation in force.
5.5.2 By sending the Order, the Customer / User agrees to receive the tax invoices in electronic format, by adding them by the Supplier to the Client's Account from the Platform or through the electronic mail, to the e-mail address mentioned by the Client / User.
5.5.3 The fiscal invoices issued by the Supplier for the Products related to orders to be delivered by courier will be sent to the Customer / User by email. Invoices related to the Product(s) that have not been taken over by the Customer/User will be cancelled by the Supplier at the time when the Product(s) will be returned by the Courier.
5.5.4 Any communication regarding the fiscal invoices can be addressed to the email address accounting@polytrade.global
5.6 Delivery, Transport and Reception of Products
5.6.1 The delivery of the Products is available on the territory of Romania and abroad.
5.6.2 The Supplier provides the Customer/User with the following delivery methods of the Product(s):
5.6.2.1 shipment by Curier or Carrier with prepayment,
5.6.2.2 dispatch by cash on delivery – valid only for deliveries on the territory of Romania;
5.6.3 Personal pick-up from the Supplier's delivery points.
5.6.4 The delivery cost may be offered free of charge or may be borne by the Customer, as stated at the time of order for each Product within the Platform.
5.6.5 The total waiting time regarding the delivery of the Product to the Customer / User (date of delivery) consists of the time of preparation of the Order for shipment by the Supplier and the duration of delivery of the Product by courier / personal pick-up.
5.6.6 The estimated delivery date may vary depending on the Product and/or delivery method chosen (i.e. it is in the Supplier's own stock, or in the partner supplier's stock, or is a product to order) and is communicated in the order registration email or within the Platform. If the products are the object to an import and the delivery terms change due to independent reasons to the Supplier, this will notify the Customer and cannot be held liable for any potential damage or damages suffered by the Customer.
5.6.7 If the Products have not been delivered within the indicated time limit, the Customer/ User may request the delivery within an additional time limit of 30 Working Days. If even within the additional term the Products are not delivered, the Customer/ User may request the termination of the Distance Contract.
5.6.8 If the Products are unavailable (including if the Price or some features of the Products have undergone changes, following the Supplier's confirmation of the Order, the Customer/User will be informed of the unavailability and the amounts he/she has paid will be refunded to the Customer/User within 14 calendar days from the date of such information, if the Client/User has paid them in advance. The Customer/User may confirm the changes in the price or characteristics of the Products, thus modifying the original Order, and the Supplier will deliver the Products according to the Order thus modified by the Customer/User.
5.6.9 If the Customer / User places an Order containing Products from different suppliers, from the point of view of delivery, they can be considered different packages and highlighted differently in the tax documents, or they can be centralized by the Supplier and can be delivered in a single tranche based on a single document.
5.6.10 In the case of Orders with personal pick-up, it is necessary that the person who will pick up the package to present at the pick-up point:
5.6.10.1 an identity document if the person which picks up the goods is the Customer / User.
5.6.10.2 An empowerment and an ID document if the person which picks up the goods is not the Customer/User.
5.6.11 The Customer/ User will be contacted by phone by the Courier / Carrier in advance to obtain confirmation of his presence at the address chosen for the delivery of the Order.
5.6.12 The Customer/User undertakes to be present at the indicated delivery address, within the time interval in which the Courier/Carrier notifies him/her that he/she is delivering the Order, otherwise he /she will bear the transport fee related to a possible new delivery. The time interval in which the Order is delivered can be changed only with the courier's consent.
5.6.13 If the Customer / User is unable to receive the Order personally, the Order will be left at the specified address only to a person older than 18 years and only in case of remuneration by the Customer to the Supplier and to the Courier / Carrier to the person empowered to take over the order, by mentioning the related Order number.
5.6.14 The Customer / User has the obligation to sign the delivery note (AWB or CMR or Delivery Note) presented by the Courier or the Carrier or the Supplier's staff, as the case may be, at the delivery of the ordered Products, to which is attached the delivery note containing all the information about the delivered Products (product name, quantity, price). Also, the Customer / User will check if the Products are damaged or if there are any shortages, and any problems will be mentioned handwritten on the delivery note, in order to be taken into account.
5.7 Guarantee
5.7.1 The warranty of the products will be in accordance with the applicable law.
5.7.2 The Supplier may decide, in its sole discretion, to provide a warranty period longer than the period required by law for certain Products or for all Products.
5.7.3 The warranty term for each Product will be mentioned in the Platform on the Product presentation page and on the Invoice under the "Warranty" section.
5.7.4 The Supplier's Warranty covers only the defects and defects in the manufacturing of the Product.
5.7.5 Any defect that arises due to the negligence of the Client / User as a result of storage / storage and/or improper use and/or installation shall not be object to repair or replacement of the Product free of charge on the basis of the guarantee.
5.7.6 In order to replace the products under warranty, the Client/User must:
5.7.6.1 To have purchased directly, in his name, the product from the Supplier.
5.7.6.2 To hold the invoice at the time of requesting the guarantee.
5.7.6.3 The defect is not his fault, as mentioned in the Terms and Conditions of the Platform.
5.7.6.4 The product must be within the warranty period.
5.7.7 The delivery costs for the delivery and takeover of the products that need to be repaired or replaced under the Guarantee, are for the purpose of the Client / User.
5.7.8 If the sold Product has a defect that corresponds to the conditions of coverage under the Guarantee, the Customer / User has the right to request the replacement of the Product with one without defects or the elimination of the defect, in the form of replacement or repair of the Product. If replacing the Product or eliminating its defect is impossible for the Seller, the Customer / User may request a reduction in the Product Price or, if the defect is a substantial one, may withdraw from the Distance Contract.
5.7.9 If there are divergences between the opinions of the Supplier and the Client regarding the defect and the source of its origin, the Parties may appeal to the opinion of third-party specialists to obtain an audit / evaluation report. If one of the Parties does not recognize the result of the evaluation of third-party specialists and a dispute arises, either Party has the right to appeal to the competent courts of law.
5.7.10 To the extent that the complaint made by the Client/User is justified, the Supplier has the following obligations:
5.7.10.1 if replacement or repair of the Product is possible, to replace the defective Product with one without any defects or to remove the defect within a reasonable time, without creating unjustified inconvenience for the Customer / User, in accordance with the provisions of the Applicable Law and at his expense. Any repair or replacement shall be made within a reasonable period of time agreed between the Parties.
5.7.10.2 if the replacement or repair of the Product is not possible, to refund to the Customer / User the Price, partially or totally, according to the Customer/User's request, within 15 calendar days from the date on which the Supplier is notified thereof by the Client/User. For the purpose of refunding the Price and completing the Transaction, the Company will return the respective amount to the bank account, provided by the Client / User.
5.7.11 The services benefit from different guarantees, depending on the type of service. The services cannot be replaced, but during the warranty period preventive or correct maintenance works will be carried out, depending on the type of service. They are defined in the additional documents that are the subject of the contracting of such services.
5.8.1 The client, if he is a consumer and has purchased products that are eligible to be returned according to the law, may request the return within maximum 14 days from the date of their purchase.
5.8.2 If the Customer does not have the quality of a consumer, he is not eligible to make the return of the products. The Customer may request the return of the Products, and the Supplier may accept or refuse such a request, the decision being at his discretion .
5.8.3 In order to activate the return option of the products, the Client must notify the Supplier of its intention by the following means:
5.8.3.1 Through the form available in his account within the Platform
5.8.3.2 Through the model of the return form that can be made available to it by the Supplier by email or within the Platform. The form can be completed and sent electronically directly to email helpdesk@polytrade.global
5.8.4 The Customer / User has the obligation to send all the information related to the Product that is the subject of the return request, such as: the type of the product, no. the order, the quantity to be returned, the reason for the return.
5.8.5 After the Supplier has received the Client's request for return, it will analyze it and will respond to it within 5 working days, making known its decision and the related arguments.
5.8.6 If the return request is accepted by the Supplier, the cost of the transport is the responsibility of the Client.
5.8.7 For clarity, in accordance with the provisions of Art. 16 of the Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing certain normative acts, the following are exempted from the right of withdrawal from the distance contract (return of Products):
5.8.7.1 service contracts, after the full provision of the services, if the performance has begun with the customer's prior express consent and after he has confirmed that he has become aware that he will lose his right of withdrawal after the full performance of the contract by the Supplier.
5.8.7.2 the provision of products and/or services the price of which depends on fluctuations in the financial market which the Supplier cannot control, and which may occur during the withdrawal period.
5.8.7.3 providing products made to the specifications presented by the Customer or clearly customized.
5.8.7.4 the supply of products that are liable to deteriorate or expire rapidly.
5.8.7.5 the supply of sealed products which cannot be returned for health protection or hygiene reasons, and which have been unsealed by the Customer.
5.8.7.6 the supply of products which are, after delivery, according to their nature, inseparably mixed with other elements;
5.8.7.7 contracts in respect of which the Client has specifically requested the Supplier to go to his home in order to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Supplier provides services other than those expressly requested by the Customer or supplies products other than spare parts indispensable for the execution of maintenance or repair work, the right of withdrawal shall apply to such additional services or products.
5.8.7.8 the provision of sealed audio or video recordings or sealed software that have been unsealed after delivery;
5.8.7.9 the provision of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications;
5.8.7.10 the supply of digital content which is not delivered on a tangible medium, if the supply began with the express prior consent of the C lient and after it has confirmed that it has become aware that it will lose its right of withdrawal.
5.9 Complaints
5.9.1 Any complaint will be addressed to the Supplier in writing by post, courier or at the email address helpdesk@polytrade.global or through the ticketing application, available in the Client/User portal.
5.9.2 The Supplier shall respond to the Client/User's complaint request through the Customer Support Department, no later than 10 Working Days from the date of its receipt. The Supplier shall inform the Client/User about the progress of the complaint, especially about its receipt, acceptance or rejection, by email/phone or through the platform, in the Portal/Client Account area.
5.9.3 The duration of the resolution of the complaint, including the elimination of defects or replacement of the Product, may be harsh, depending on the severity of the situation, up to 60 calendar days, provided, where appropriate, the Client's assistance necessary for compliance with the respective term.
5.9.4 If the Product sold has a defect, the Customer/User has the right to request that the Product be replaced with one without any defects or the elimination of the defect, in the form of replacement or repair of the Product. If replacing the Product or eliminating its defect is impossible for the Seller, the Customer / User may request a reduction in the Product Price or, if the defect is a substantial one, may withdraw from the Distance Contract.
5.9.5 Both shortages and quantitative differences must be claimed at the time of delivery.
5.9.6 Visible defects / defects of the product must be brought to the supplier's attention within two days from the date of delivery.
5.9.7 Hidden defects / defects of the product must be claimed within a maximum of two calendar days from the date of their identification by the Client, during the warranty period.
6. Promotional Campaigns
6.1 The Supplier may offer to Customers/Users, through the Platform, various discounts, gifts, or vouchers.
6.2 Their utilization may be subject to certain rules and regulations, communicated by the Supplier to Customers / Users, by displaying the rules next to any Product and/or Service listed on the platform or through regulations also listed on the platform in the form of general documents governing promotions or applicable to a particular promotion.
6.3 Promotional Campaigns means that the Supplier may:
6.3.1 Offer discountsfor certain Products.
6.3.2 Offer free products when buying other products.
6.3.3 Give gift vouchers for a certain volume of purchases.
6.3.4 Provide any other benefits that may be considered Promotional Campaigns in accordance with applicable law.
6.4 The Client / User understands that any Promotional Campaign is set by the Supplier at its sole discretion and may have limitations such as, but not limited to those listed below. All limitations will be brought to the attention of the Client / User:
6.4.1 Validity in a certain period of time.
6.4.2 Validity on the basis and within the limit of a certain stock dedicated for this purpose.
6.4.3 Validity for a certain volume of purchases.
6.4.5 Other limiting conditions in accordance with applicable law.
6.5 The Client/User understands and accepts that the Supplier may refuse to apply any promotion if it has grounds and/or suspicions of fraud or fraud intent on the part of the Client/User.
6.6 The Client/User understands and accepts that the Supplier may refuse to apply any promotion if there was a clerical error on the part of its employees and/or a technical error of the Platform and the promotional prices are abnormally low and represent a price below the Purchase Price of the Supplier.
6.7 The supplier may offer abnormally low prices for the liquidation of low-rotation stocks or under other conditions provided by law.
6.7 The Supplier may issue regulations governing and supplementing these terms and conditions.
7. Commercial Communications / Newsletter
7.1 The Supplier will use commercial communications / Newsletters, as a method of informing the Client / User about news appeared in its portfolio of Products and Services, Promotional Campaigns, technical information, and any other communications with the purpose of marketing and information of Customers or Users.
7.2 The Client/User declares that he/she understands that such communications are aimed at informing him/her about the Products and/or Services and promoting them by the Supplier and expressly declares that by creating the account within the Form Payment he/she agrees to receive such communications.
7.3 The Client / User can at any time opt out of such communications by accessing the Unsubscribe button / link within the content of any communication / email. In case of unsubscribe, the Client/User can re-subscribe at any time using the dedicated box within the Platform, which is usually found at the bottom of any page of the Platform.
7.4 The Customer/User acknowledges that through such communications may be provided with additional information or certain promotions/sellers that can only be accessed/valid through such communications.
8. Environmental protection
8.1 Waste electrical and electronic equipment (WEEE) may contain hazardous substances, which have a negative impact on the environment and the health of the population if they are not separately collected.
8.2 Taking into account both the international and the Romanian provisions respectively the Government Emergency Ordinance no. 195/2005 on environmental protection and the Government Emergency Ordinance no. 5/2015 on waste electrical and electronic equipment, Customers will consider the following:
8.2.1 The Buyers of the Products are obliged not to dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to collect these WEEE separately.
8.2.2 The collection of this waste (WEEE) will be possible through selective collection points made available to producers by local public authorities that have the obligation to separately collect WEEE from private households and to provide the producer with the premises necessary for the establishment of WEEE collection points.
8.2.3 The symbol indicating that electrical and electronic equipment is subject to separate collection is a wheeled bin crossed out. This icon indicates that WEEE must not be mixed with household waste and that it is subject to separate collection.
8.3 Customers/Users can hand over WEEE free of charge at specific collection points of third parties, or at the Supplier's collection points existing at the warehouses or points of sale from where the products were picked up / delivered at the time of purchase of a new product of the same category; thus, the Company applies the policy of collecting WEEE in the system of taking over the equipment one to one, according to the legislation in force, if the equipment handed over is equivalent and has performed the same functions as the newly supplied equipment.
9. Intellectual Property
9.1 The exclusive rights over the platform , name, logo and the content made available / displayed through the Platform, are the intellectual property of the Supplier and/or its partners.
9.2 The Client/User has the right to use this information, including the Platform, free of charge, but only by usingit correctly and for personal use.
9.3 The infringement of the intellectual property right by the Client/User gives the Supplier's right to claim damages.
10. Privacy Policy
10.1 The "Parties" shall maintain the confidentiality of all commercial and technical information and knowledge which they have had in their possession during the execution of this Agreement, unless such information and knowledge is generally accessible to the public without having been disclosed by the "Parties".
10.2 No "Party" is responsible for disclosing confidential information at the request of the relevant authorities.
11. Cookies Policy
11.1 We use the term "cookies" to refer to cookies and similar technologies through which information can be collected automatically.
11.2 Cookies are managed by web servers. The lifetime of a cookie may vary, as it depends on the purpose for which it is placed. Some cookies are used exclusively for a single session (so-called "session cookies") and are no longer retained from the moment the user leaves the website. Some cookies are retained and reused each time the user returns to that website (i.e. "persistent cookies"). However, cookies can be deleted by the user at any time through the browser settings.
11.3 In addition to the cookies set by the Supplier's Platform, certain sections of content on the Platform may be provided through third parties, in which case these cookies are referred to as "third party cookies".
11.4 Cookies are used to provide users of the Online Store with a better browsing experience and services tailored to the needs and interest of each user, namely to:
11.4.1 improving the use of navigation in the Online Store, including by identifying any errors that occur during the visit / use of the Platform by Utilizers;
11.4.2 providing anonymous statistics on how the Platform is used by the Client.
11.4.3 anticipation of possible services/goods that will be provided in the future/made available to users through the Platform, depending on the services/products accessed.
11.5 Cookies allow the memorization of certain settings / preferences set by the Utilizatorii of the Online Store, as well as but not limited to:
11.5.1 the language in which a website is viewed.
11.5.2 the currency in which certain prices or tariffs are expressed.
11.5.3 keeping options for various products (measure, model, their brand, etc.) in the shopping cart.
11.6 By using / visiting the Platform , cookies may be placed for the following purposes:
11.6.1 Website performance cookies. Through this type of cookies, the preferences of the user are stored in the Platform, so that setting the preferences again in case of subsequent visit to the Platform is no longer necessary.
11.6.2 User analysis cookies. These cookies inform us if a certain userhas previously visited / used the Platform, such cookies being used only for statistical purposes.
11.6.3 Cookies for geo targetting. These cookies are used by a software that establishes the country of origin of the user of the Platform. The same ads will be received regardless of the language selected.
11.6.4 Registration cookies. When you register on the Platform, cookies are generated that store this approach. The servers use these cookies to show us the account with which you are registered and whether you have permission for a particular service. Also, the use of these cookies allows us to associate any comment posted on the Website with the username of the account used. If the "keep me registered" option has not been selected, these cookies will be automatically deleted at the time of the end of the browsing session.
11.6.5 Cookies of advertising Suppliers. These cookies allow a User to find out how to view an online advertisement, its type and the time elapsed since the moment of viewing that advertising message. As such, such cookies are used to target online advertising. These cookies are anonymous, storing information about the viewed content, not about the users.
11.7 Cookies store information in a small text file that allows the browser to be recognized. This Platform recognizes the browser until the cookies expire or are deleted.
11.8 If the use of cookies is not disturbing, and the computer or technical equipment used to navigate the Site is used only by you, long expiration dates may be set for storing the browsing history.
11.9 If the computer or technical equipment used for browsing the Platform is used by more than one person, the setting for deleting individual browsing data may be considered each time the browser is closed.
11.10 Disabling and refusing to receive cookies can make the Platform difficult to visit, entailing limitations on its usability.
11.11 Users can configure their browser to reject cookies or to accept cookies from a particular website.
11.12 All modern browsers offer the possibility to change cookie settings. These settings can be accessed, as a rule, in the "options" section or in the "preferences" menu of the browser.
12. Force Majeure
12.1 Force Majeure shall release the "Parties" from their liability for partial or total failure to comply with their obligations under this Agreement during its duration, provided that they are performed after the end of the "force majeure" case.
12.2 Force majeure means an event which originates independently of the will of the "Parties", unpredictable and insurmountable, occurring after the execution of the Agreement and which prevents the "Parties" from fulfilling all or part of their obligations under this Agreement. The "Party" invoking "Force Majeure" shall notify it in writing to the other Parties within a maximum of 5 (five) calendar days, and the proof of force majeure requested by a "Party", together with the duration and possible effects of force majeure, shall be communicated within a maximum of 45 (fifteen) calendar days.
12.3 Neither "Party" may claim damages from the other "Party", however, the "Parties" shall perform their outstanding obligations on that date or after the termination of the "Force Majeure" case. "Force majeure" is proved by an appropriate certificate issued by the competent authorities, such as the Chamber of Commerce or the Ministry of Government.
13. Limitation or Disclaimer
13.1 Supplier does not warrant that the Platform, the servers on which it is hosted, or the emails sent by it are not free of viruses or other potentially harmful computer components, that it does not contain errors, omissions, malfunctions, delays or interruptions in operation or transmission, line drops or any other similar factors with disruptive effect. However, the Supplier shall make every effort to remove such items by all possible means.
13.2 The Client/User uses the platform at his/her own risk, the Supplier being exonerated of any liability for any direct or indirect damages caused by the use or access/visit of the platform and any negative effect that can be suffered by the Client without the Supplier's fault or without the latter being aware of an error.
13.3 The Client understands that some elements of cyber security cannot be fully controlled by the Supplier and expressly accepts the risk that may arise from the use / access / visit of the https://polytrade.global platform or any other online / digital platform of the Supplier.
13.4 The supplier is not liable for errors or omissions that may occur in the drafting or presentation of materials on the site, or in the technical data sheets of the products. It reserves the right to modify such information without prior notice.
13.5 Any links to other sites are provided only for the purpose of increased accessibility of information and the Supplier assumes no liability for the content of such sites, for the products or services promoted or marketed through them.
13.6 The supplier is not liable for damages created as a result of the non-functioning of the platform or as a result of price changes within it. The prices are considered final only at the time of successful completion of the product purchase process, meaning only after crediting the Supplier's account with the amount related to the price of the products and the Supplier's confirmation sent in this regard to the Customer.
13.7 In each case regarding the establishment of the liability of the Supplier, its employees, of the authorized representatives, regarding the liability towards the Consumer, regardless of its legal basis, is limited to the value of the Price in the Distance Contract.
14. Applicable Law and Dispute Resolution
14.1 The "Parties" agree that any disputes between the "Parties" arising during the execution of this Agreement shall be settled amicably. If the "Parties" fail to reach an amicable settlement, they will notify the courts in Bucharest about their dispute.
14.2 This Agreement shall be governed by the law of Romanian.
15. Final Provisions
15.1 The provisions of the Platform Terms and Conditions, complete the contracts or other Terms and Conditions and/or Regulations of the Supplier applicable in the relationship with the Client and are completed with the provisions of the Incidental Legislation.
15.2 The Distance Contract is concluded in Romanian language for Clients in Romania and in English for Clients from any other country.
15.3 The content of the Platform Terms and Conditions is available free of charge to customers/user within the Application/Platform, where Customers/Users can view it and print it at any time.
15.4 The invalidity of any clause of the Terms and Conditions of the Platform, in whole or in part, will not affect the validity of the other clauses or parts of clauses of the Terms and Conditions.
