GENERAL TERMS AND CONDITIONS OF SALE
1. Definitions
PRODUCTS AND SERVICES: This means any product or service to be provided by Komplast Trading & Production S.R.L. to the customer after concluding a contract or confirming an order.
CLIENT: represents the legal person or any legal entity, client of Kompast Trading & Production SRL, who creates an account on the website www.komplast.ro, is accepted by Komplast, receives a user and usage rights for online shop and performs an order or enter into a contract.
USER: represents the natural person authorised by the customer, who has or obtains access to the online shop section of this site, based on a user agreement offered exclusively by Komplast and which requires the creation and use of an account.
ORDER: is an electronic document generated as a result of accessing the online shop section of the site by a customer through which the customer transmits to Komplast his intention to purchase products or services from the site.
CONTRACT: represents an order confirmed by Komplast, by which it agrees to deliver products and services to the customer, and the customer agrees to make their payment, under the conditions accepted and agreed by both parties.
NEWSLETTER: the means of periodically informing, exclusively electronically (by e-mail), about Komplast products and services.
ABUSIVE USE: represents the use of the site in a manner contrary to the practice in the field, the regulations and legislation in force, any other way that may cause damage to Komplast.
2. General – Online sales policy
2.1 Please read the terms and conditions of this website carefully below. Your access to and visit this website is subject to the terms and conditions of use implies your explicit acceptance of them and represents the agreement (contract) between the parties.
2.2 In this document, words in the singular include the plural, words in the plural include the singular, words denoting the masculine gender include the feminine, and words meaning the feminine gender include the masculine.
2.3 The Terms and Conditions below represent unless otherwise agreed in writing, the standard terms and conditions of sale applicable to sales and services made through this website.
2.4 The following provisions apply to both the supply of goods and services.
3. Concluding the contract / confirming the order
3.1 Access to place an order is only allowed to Komplast customers with usage rights of the online shop section.
3.2 For justified reasons, Komplast reserves the right to restrict the user’s access to place an order if he considers that, based on his condition or activity on the online shop section, his actions could harm him in any way. In this case, the user can contact the support department at office@komplast.ro
3.4 Our offer is subject to change. The contract/order enters into force only after a written confirmation from the seller.
3.5 Komplast never considers an unconfirmed order to be the value of a contract.
3.6 If Komplast accepts the order received, Komplast will confirm to the customer the acceptance, by a confirmation of the order, the moment of realisation of the agreement of will between the parties being the moment of receiving by the buyer the order confirmation.
3.7 Usually, the order placed through the online shop section is subject to the conditions already agreed with the customer and existing in Komplast records. Still, there may also be deliveries subject to minimum quantities ordered or special payment conditions.
4. Delivery
4.1 Delivery will be at the expense and risk of the customer, unless otherwise agreed in writing, by accepted order or existing contract.
4.2 Unless otherwise agreed, the delivery date is the date confirmed in writing by the seller.
4.3 We reserve the right to make partial deliveries.
4.4 The event of force majeure is defined as a factual circumstance, unpredictable and unavoidable, which effectively and without any fault prevents the performance of the contractual obligation exonerates the party invoking it from liability. It shall be notified to the other party within 72 hours of the occurrence, and the supporting documents shall be communicated within ten days.
4.5 The seller reserves the right not to deliver orders to the buyer if he has ordered goods that have exceeded or do not fall within the established credit limit until he pays his outstanding payment obligations or if the open balances exceed the established limit (insurance).
5. Prices
5.1 All prices are expressed in Euro with VAT, and will be invoiced in lei or euro
5.2 Prices are calculated “ex works seller” and without packaging costs.
6. Payments
6.1 Payments will be made in accordance with the agreed terms. Unless otherwise agreed by order confirmation, the price is paid in advance or upon delivery of the order.
6.2 The payment due date is established by contract/order and is recorded in the tax invoice or any other invoice issued according to the contract/order.
6.3 The payment method is the one negotiated between the parties and existing in the Komplast records, or as the case may be provided in the co-signing of the order. Komplast reserves the right, depending on the order, to change the payment method, informing the customer.
6.4 The buyer is not entitled to deduct from the number of payments due amounts representing the value of any claims.
6.5 The refusal of some goods does not exempt the buyer from paying for the goods he refuses and from fulfilling his other contractual obligations.
6.6 Komplast reserves the right not to refund the advance paid in the case of commissioned goods or prepaid orders if the customer does not pay the price difference within the set time limit, or withdraws the charge.
6.7 In case of non-compliance with the payment terms agreed by the contract / accepted order, the customer owes delay penalties according to the contract/order or, as the case may be, to the legislation in force (law 72/2013).
6.8 Late payment, as well as late payment, regardless of the length of the delay, entitles Komplast to apply one or both of the following measures. Suspend the delivery of products or services to the customer and unilaterally change the conditions already agreed.
7. Right of retention and ownership
7.1 The goods pass into the possession of the buyer, who also takes over the risk once it is taken from the seller’s warehouse and becomes the property of the buyer only after full payment of the respective invoice. In case of fortuitous impossibility to execute the obligation of one of the parties, the risk of the contract is borne by the party who at the time of accidental loss of the goods covered by this contract, had possession and use of those goods, even if not yet their legal owner.
7.2 In the event of seizure or transfer of possession of the goods, the buyer undertakes to inform our third party of our ownership and to inform us immediately.
7.3 The ownership of Komplast also applies to the processing or assembly of the products.
8. Quality and compliance/complaints
8.1 The products are certified to quality and conformity on request and in accordance with the commercial policies of the manufacturers.
8.2 The customer undertakes to keep the products in normal storage conditions, humidity and temperature allowed both nationally and internationally and to observe the installation instructions.
8.3 Defective claims for purchased products may be made in writing within a maximum of 2 days of receipt. The complaint will be made in writing and will be resolved by a Komplast representative. In the event of a claim for goods, Komplast reserves the right to check the condition of the goods claimed directly instead of finding them.
8.4 Apart from circumstances that eliminate liability under the Civil Code, Komplast is not liable for handling, use, transport, installation, improper storage by the customer or defects caused by third parties.
8.5 The customer must demonstrate that the apparent defect existed at the time of delivery.
9. Applicable law, litigation
9.1 Jurisdiction over all disputes arising directly or indirectly which cannot be settled amicably is the responsibility of the competent court.
9.2 Romanian law applies exclusively.
9.3 The granting of facilities for non-compliance with any of the contractual provisions will not be considered a waiver of the party’s rights, the execution of the contractual clauses may be required at any time.
9.4 If a court determines that part or all of the contractual clauses are voidable or cannot be enforced, the rest of the contract remains binding between the parties.