Terms and conditions
1. Definitions & Purpose
1.1. This document contains the terms and conditions for the online services provided by ioneladobrean.com.
1.2. The following terms used in capital letters shall have the meanings below, unless expressly provided otherwise:
“ioneladobrean.com” or “Provider” means DOBREANUTRITION SRL, a limited liability company, established and operating in accordance with the laws of Romania, having its registered office in Reghin, Mures, Str. Painter Nicolae Grigorescu no. 65, registration number in the Trade Register J26/1282/27.08.2018, unique registration code 39790150.
“Platform” means the website owned by DOBREANUTRITION SRL with the domain https://ioneladobrean.com/ using its logos, through which the Services offered are presented, and Customers can choose the Products they want to purchase, respectively to pay them with one of the payment methods accepted by ioneladobrean.com. The Platform is also used to process and manage Orders and to record Services payments.
“Account” means the section of the Platform accessible to the User through the use, with the role of identification, of an e-mail address and a password, which allows the User to send an Order and which contains information about the User and the history of the User in the Platform. previous, tax invoices, etc.).
“User” “GDPR” means the individual accessing the Platform to create an Account and place an Order to purchase the Services offered for sale by ioneladobrean.com.
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on data protection)
“Contract” means the consensual distance agreement between the Provider and the User, without their simultaneous physical presence, regarding the sale or purchase, respectively, of one or more Services on the Platform, by launching an Order by the User and accepting it by the Provider, in compliance with the legal stipulations and the terms and conditions for the online delivery of services. As a rule, the Contract is concluded in Romanian.
“Services” means any services that are offered to the User for purchase, for a fee, through the Platform.
“Specifications” means any details regarding the features of the Services as specified in the description available on the Platform.
“Order” means an order placed by the User through the Platform through which the User expresses his commitment to purchase one or more Services, under the conditions set out in this document and / or agreed with ioneladobrean.com through means of remote communication.
“Transaction” means the payment operation performed by the User, respectively the collection by the Provider, of a sum of money as a result of the delivery by ioneladobrean.com, respectively the purchase by the User, of one or more Services.
“Confidential Information” means any information in connection with the User or Provider, their associates and affiliates or with this Agreement and made available either before or after the date of signing.
“Newsletter” signifies a mean of regular information, exclusively electronic, e.g. e-mail, SMS or other form of distance communication, regarding the Services and / or promotions carried out by the Provider or its affiliates, for a certain period of time, without any commitment on the part of the Provider regarding the information contained therein.
1.3. This document establishes the terms and conditions applicable to the relationships that arise between ioneladobrean.com and each User who uses the Platform for the purpose or after finishing an Order.
1.4. The titles are included in this document for convenience and will not affect its interpretation.
1.5. ioneladobrean.com recommends that all potential customers read this document carefully, which contains the terms and conditions applicable to the online delivery of services.
1.6. Privacy and processing of personal data related to the use, in any form, of the Platform are governed by the Privacy Policy (“Privacy Policy”), which complements these Terms and Conditions.
1.7. Use of the Platform implies the express acceptance by any User of these terms and conditions and the Privacy Policy.
The Provider reserves the right to change the terms and conditions at any time, and their updated form may be accessed by Customers on the Platform in the “Terms and Conditions” section. These terms and conditions applicable to the delivery of online services are available to the User for storage and reproduction.
2. Platform policy – Main features of the online delivery of services by ioneladobrean.com
2.1. Access to the Platform in order to place an Order is allowed to any potential User who acts with a legitimate purpose and who intends to purchase from the Provider one or more Services, in compliance with these terms and conditions.
2.2. Abuse of the Platform is strictly prohibited. Any use of the Platform in any way that is contrary to good business practice, applicable law or in any other way that could harm ioneladobrean.com or its affiliates in any way constitutes misuse.
2.3. ioneladobrean.com reserves the right to deny Customer’s access to some or all of the functions of the Platform and to restrict the processing and / or delivery of an Order if, in the reasonable opinion of ioneladobrean.com, there are suspicions of fraud on the part of the User, if it has conduct that could harm the interests of ioneladobrean.com or its affiliates or misuse the Platform.
2.4. The Provider reserves the right to refuse to provide the Services for illicit and immoral purposes. In this regard, if the Provider considers that the request for the Services may have an immoral or illicit purpose, it will inform the User of the refusal to provide the Services and will return their value (if paid) at no additional cost.
2.5. The Provider may also refuse to deliver the Services if the User abuses the way of completing the Services as explained on the website and does not follow the instructions of the Provider existing on the website regarding the sending of an order.
2.6. The user is prohibited from multiplying or distributing in part or the whole service for use outside the purpose for which the Service was delivered, without the prior written consent of the Provider.
2.7. By using the Platform and, where applicable, registering an Order, the User accepts and agrees to the form of distance communication (e.g., by telephone or e-mail) through which the Provider carries out its operations.
2.8. The information used to describe the Services (including, but not limited to, static or dynamic images, descriptive text, graphic or video presentations) does not impose any obligation on the Provider, which has the sole role of presentation and information. The Provider will use all reasonable diligence to ensure the correctness of the information regarding the prices, Services and their Specifications presented on the Platform.
2.9. If the prices or any other details related to the Specifications of the Services have been displayed incorrectly on the Platform, for any reason, the Provider will inform by e-mail the User who placed an Order, as soon as possible about such an error.
2.10. ioneladobrean.com may publish on the Platform information about Services and / or promotions practiced by it or by any other third party with which it has concluded partnership contracts, within a certain period of time and within the limit of the available stock.
2.11. Services that are the subject of a promotion or campaign of any kind will also be subject to the terms and conditions applicable to that campaign or promotion.
2.12. Any promotions presented on the Platform are valid during the mentioned duration. If no duration is indicated for the promotions, they will be valid within the available stocks.
2.13. The order is considered accepted by ioneladobrean.com at the time the payment is done electronically (by credit / debit card or by bank transfer, in the latter case the order is considered accepted at the time of confirmation by the Provider’s the bank account).
2.14. For justified reasons (including, but not limited to, suspicion of fraud on the part of the User, non-payment or technical impossibility of the Platform to provide those Services), the Provider reserves the right to cancel the Order placed by the User. In such a situation, ioneladobrean.com will immediately notify the User of the change and the User will be able to accept or reject the change of the Order (if the change is temporary in terms of delivery of the Services). If the User refuses, the Order is considered canceled and the parties will be reinstated in the situation prior to the issuance of the Order (including reimbursement by the Provider of any amounts received, if any) and without the Provider having any liability to the User.
2.15. The order is accepted and the Contract is considered concluded between the Provider and the User, at the moment of receiving by the User from the Provider by e-mail and / or SMS, the notification regarding the successful payment of the Services. Payment for the Services may be made exclusively in accordance with the instructions posted on the site, including but not limited to payment by online cards or bank transfer. These Terms and Conditions and any subsequent agreements between the User and the Provider regarding an Order are included in the Agreement, whether or not they are contained in an electronic document or on physical media (including but not limited to, any agreement between ioneladobren.com and the User regarding the Products made by it according to the User’s specifications).
2.16. The Provider offers the User an e-mail address in the “Contact” section of the Platform, to identify and correct errors that occurred during data entry. As a rule, the communication with the Provider will be made through the addresses mentioned in the “Contact” section of the Platform.
2.17. The Provider may adhere at any time to codes of conduct relating to the online delivery of the Services by informing Customers of this fact and ensuring that Customers are able to effectively consult these codes.
2.18. The Provider is not responsible for any personal injury / damage to a User when he uses the services available on the site.
3. Orders
3.1. The user can place Orders through the Platform, exclusively by pre-registering an Account, by selecting and adding the desired Products to the shopping cart.
3.2. The user will register an Account in the dedicated section of the Platform. By registering an Account, the User will manage more efficiently the Orders placed on the Platform, having the possibility to view in the Account information about previous Orders, invoices, etc. Account registration can be done by providing an e-mail address and password or by logging in to various types of social networks (including, but not limited to, Facebook, Linkedin, Google, etc.). ioneladobrean.com reserves the right to validate Orders prior to their fulfillment by contacting the Customer by telephone or e-mail, and the Customer expressly declares that he accepts this right of the Provider.
3.3. The addition of a Service to the shopping cart, in the absence of completing the Order, does not lead to the registration of an Order.
3.4. The order will be considered completed when the user pays in full the price of the Order Products, by one of the payment methods accepted by the Provider explicitly indicated on the Platform and which can be consulted by the User at the beginning of the order.
3.5. By completing the Order, the User confirms that all the data he has provided are correct, complete and true at the time of placing the Order. By placing an Order, the User explicitly acknowledges that the respective Order implies his firm obligation to pay the indicated “total amount”.
3.6. By creating an Account and, as the case may be, completing the Order, the User agrees that the Provider may contact him, by any available means, namely automated calling system without human intervention, fax, e-mail, in any situation where it is necessary to contact the User.
3.8. The Provider may cancel the Order placed by the User, with the simultaneous or subsequent notification of the User, and without entailing any liability of ioneladobrean.com towards the User for such a cancellation, in the following cases:
- non-acceptance of the Transaction by the issuing bank of the User’s card, in case of online payment;
- invalidation of the Transaction by the card processor approved by ioneladobrean.com, in case of online payment;
- the data provided by the User when accessing the Platform is incomplete or incorrect;
- the Provider reasonably considers that by accessing the Platform and placing the Order the User pursues an illicit purpose or may cause any harm to ioneladobrean.com or its affiliates;
- any of the terms and conditions in this document have not been followed exactly;
4. Prices / Invoices / Payments
4.1. The prices of the Services displayed on the Platform are expressed in Lei and include T.V.A. according to law. Any shipping or delivery charges are not included. The prices valid for the Services are those displayed on the Platform at the time of completing an Order.
4.2. ioneladobrean.com will be able to update the prices of the Services at any time, and such an update will replace any prices previously displayed for those Services.
4.3. The Provider will issue to the User an invoice for the delivered Services, the obligation of the User being to provide all the necessary information according to the legislation in Romania for the issuance of the invoice by the Provider.
4.4. The Provider will send to the User the invoice related to the Order for the Services sold by ioneladobrean.com in electronic format (by e-mail, to the e-mail address mentioned by the User in his Account or to the e-mail address specified by the User when placing the Order), depending on the option expressed by the User.
4.5. According to the legislation in Romania, for those Orders for which the Provider will accept the payment with the bank card, he will not request additional payments.
4.6. In the case of online payments, the Provider is not and cannot be held responsible for any other costs incurred by the User in addition to the price of the Service purchased including, but not limited to, transfer or currency conversion fees charged by the issuing bank of the User’s card, if the currency of the card differs from the currency in which the sale is made.
5. Delivery of services
5.1. The delivery of the Services (Deliverable) will be made by e-mail to the e-mail address indicated by the User at the time of registration / placement of the Order or through the platform, after paying by one of the means expressed on the website and within these terms and conditions.
5.2. ioneladobrean.com reserves the right to delay or cancel any delivery of the ordered Services if it cannot be honored for reasons beyond its control which include but are not limited to: events of force majeure, wars, acts of terrorism, protests, riots, civil unrest, fires, explosions, floods, epidemics, strikes, etc.
6. Warranties
6.1. The user acknowledges and agrees that the Services provided (including opinions, advice, conclusions and solutions contained therein) do not constitute or contain (explicitly or implicitly) a statement, assurance or guarantee that public or private authorities (regardless of their type) , persons or institutions providing a public service (including but not limited to the national, regional and local offices of the Trade Register, notaries public, bailiffs, banking institutions) or for the courts or other third parties will agree with the expressed in the Services, that they will act in a certain way or that they will omit to act.
6.2. All Goods sold by ioneladobrean.com, have no warranty.
7. Intellectual property
7.1. The trade names, trademarks, copyrights and any other intellectual property rights registered or in the process of registration relating to the Services owned or used by ioneladobrean.com are and will remain the exclusive property of it or, as the case may be, of the licensors. The user will not have any rights or claims regarding them.
7.2. The user will not act in any way that could infringe the rights provided in art. 7.1 from above. The user undertakes not to use in his activity any sign or name similar or identical to the brands, trade names of the Services, etc., either as part of a name or in any other way.
7.3. All information available on the Platform (including, but not limited to, images, text, logos, symbols) that can be viewed or accessed in any way using electronic equipment, the content of e-mails sent to the User by the Provider, any information communicated to the User (including, but not limited to, data relating to the Provider, its activity, etc.) by any means by a representative of the Provider are and remain the exclusive property of ioneladobrean.com. The user may not copy, transfer and / or use the information present on the site outside the activity carried out on it.
7.4. You acknowledge and agree that the delivery of the Services does not result in any transfer of any intellectual or industrial property rights regarding the ideas, names, design, trademarks, concepts, methods, solutions, techniques, skills and adaptations contained or related to the Services.
7.5. Customer is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any content in any context other than the original intended by ioneladobrean.com, include any content outside the services, the removal of the signs that signify the copyright of ioneladobrean.com on the services / products as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the services / products, except with the express written consent of ioneladobrean.com, any of the latter reserving the right to recover any damage caused (direct, indirect, present and future).
8. The user’s right of withdrawal
8.1. In accordance with the law applicable to distance contracts, the right of withdrawal in the case of service contracts is not guaranteed, after the full delivery of services, if the execution started with the prior express consent of the User and after he has confirmed that he has taken the fact that he will lose his right of withdrawal after the full execution of the Contract by the Provider.
9. Advertising
9.1. The customer may express his consent to receive newsletters by e-mail, allowing the Provider and his collaborators to make such communications, by checking the specific option at the end of these terms and conditions.
9.2. The customer may at any time unsubscribe to such newsletters by:
- sending a written request to the Seller to the e-mail address in the “Contact” section of the Platform; in this case, the unsubscribing shall take effect no later than 48 (forty-eight) hours after the initiation of the procedure;
- unsubscribing to Newsletters, at any time, by accessing the dedicated link that can be found in the content of any Newsletter;
- ticking the option to unsubscribe from the dedicated section of the Platform.
9.3. The unsubscribe procedure will be mentioned in all newsletters sent by the Provider to the Customer.
9.4. The newsletters are sent through specialized partners approved by ioneladobrean.com
9.5. Unsubscribing from the newsletters does not imply the revocation of the terms and conditions regarding the online sales made by ioneladobrean.com.
10. Liability
10.1. The Provider shall not be liable for any damages caused to the User or any third party as a result of the Provider fulfilling any of its obligations according to the Order or for damages resulting from improper use of the Services.
10.2. In no event shall the Provider be liable for any loss of use, contracts, data, goodwill, income or profits (whether or not they are considered direct claims) or any subsequent, special, indirect, incidental loss, damage or expense, punitive or exemplary under or in connection with this Agreement or the Services.
10.3. The user will keep the username and password of the Account secure, being solely responsible in the event of their fraudulent use by a third party.
10.4. ioneladobrean.com will not be liable for any damage caused by any technical malfunctions of the Platform (e.g., inability to access any link on the Platform).
10.5. The provider is not liable for any damages caused by the use of the Services offered on the site.
11. Notifications & Complaints
11.1. The user can make complaints about the Orders, which will be sent to the e-mail address mentioned in the “Contact” section of the Platform. The notifications thus received will be resolved by the Provider within 30 (thirty) calendar days from their delivery.
12. Use and retrieval of personal data of individuals
12.1. By using the Platform, the User understands and agrees to transmit ioneladobrean.com personal data, these data will be processed in accordance with and for the purposes set out in the Privacy Policy, which complements these Terms and Conditions.
13. Confidentiality
13.1. Both the Provider and the User undertake and guarantee the confidentiality of the Confidential Information, to prevent its disclosure to third parties and not to use it for purposes other than those provided for in this Agreement, except as previously authorized in writing by the Provider / User and subjected to the terms and conditions imposed by it.
13.2. Confidential information may be made available in writing, visually or electronically, including by fax or other electronic means of transmission or orally, and may be marked as confidential or not.
13.3. The following information is not considered Confidential Information:
- is or has been made public (including, not limited to, any information presented to any government agency and made available to the public) other than as a result of a disclosure by Provider in violation of this section;
- are made available to the Provider on a non-confidential basis from a source other than the User which the Provider considers that it’s not prohibited to disclose such information to the Provider;
- are known to the Provider before being received from the User without any obligation of confidentiality;
- are developed by the Provider independent of the Confidential Information disclosed by the User;
13.4. The user will not disclose to any third party the Confidential Information received from the Provider, only under the conditions set out in these terms and conditions and unless required to do so in accordance with applicable law. If the User discloses the Confidential Information to another person (public or private) than necessary to carry out the Contracted Service (e.g., Trade Register, courts, police authorities, banking institutions, national tax administration agencies or trading partners), the Provider reserves the right to sue the User to cover any damages that may result from such disclosure.
14. General information
14.1. The images published on the site are in line with reality, but sometimes the color shades of the services may differ, due to the execution process of the photos or the settings of your monitor.
14.2. Images with services, products, offers, prices, and contests are subject to change without notice.
14.3. The parties agree that all communications in connection with this Agreement shall be made to the following addresses:
- For the User – at the email address mentioned through the Platform;
- For the Provider – at the following email address: info@ioneladobrean.com
15. Applicable law and dispute settlement
15.1. This Agreement is subject to Romanian law.
15.2. ioneladobrean.com and the User will try to resolve amicably any disputes or misunderstandings that may arise. If amicable settlement will not be possible, disputes will be settled by the competent Romanian courts in accordance with the law.