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Translation from Romanian

TERMS AND CONDITIONS- electronic commerce

  1. GENERAL PROVISIONS

This document establishes the sale conditions for the products found in the online store www.eauditiv.ro  owned by Clarfon S.A., a trading company legally established according to the Romanian laws, based in Bucharest, Str.Academiei, nr.28-30, et.9, 1st district, registered with the Trade Register Office under no. J40/7833/1998, CUI (Sole Registration Code) 10863793, fiscal attribute RO, share capital subscribed and paid – up Lei 700,000, with the bank account no.RO45 RZBR 0000 0600 0260 8980, opened with RAIFFEISEN BANK , e-mail address comenzi@clarfon.ro , phone number 021/312.95.12, fax number 021/312.95.12

The use of this website, the registration of an order respectively, involves: that you accept these terms and conditions and that you accept the use of the e-mail address as remote communication technique. The careful reading of all terms and conditions is recommended in order to use the website under the best conditions. We assume the right to amend these provisions without prior notice. You agree and accept that we may delete or add any information on the website or cease any activity on the website, without prior notice, and if references are made to other websites, we do not guarantee and/or confirm in any way the type of information to be found on these websites. It is up to you whether you visit or not these websites or whether you take into consideration or not the information found there.

 

2.PRODUCTS

The online store www.eauditiv.ro  is specialised in the marketing of medical devices (hearing devices and the accessories thereof) to any natural person, Romanian or foreign, who has reached the age of 18 years, who acts for other purposes than those of his/her trading or professional activity. CLARFON S.A. undertakes to display all the essential features of each product posted on the website, in order to allow the purchaser to make a correct identification, comparison and choice. CLARFON S.A. reserves the right to change the features of the products displayed without prior notice. The images published on the website are only examples, and the products delivered may sometimes be different from the images presented in any way (colour, appearance, etc.). The marketed products shall comply with the Romanian legislation in force. CLARFON S.A. may not be deemed responsible for the inappropriate use of the products ordered.

 

  1. WARRANTY PERIOD.

The warranty period for the medical devices (hearing devices) marketed by CLARFON S.A. via the website shall be of 2 years.

 

  1. YOUR REGISTRATION DUTIES

In order to buy products from the website www.eauditiv.ro , you will have to accept these terms and conditions by taking 4 steps.

Step 1 – chose the products by using the option” Add to basket”, available next to each product.  After completing the shopping list, the order may be pre-viewed and changed by pressing the button” See basket”, done by placing the mouse on the basket image found in the right side of the website

Step 2  check the order details: in order to successfully complete the order, it is necessary to check the list of the products ordered and to specify the following information: last name and first name, delivery address (street, number, floor, apartment, city, county/district), zip code, last name and first name of the order recipient (if you wish that the order is received by a third party or if you place the order for a third party), and the delivery address where the third party will be found (indicating the street name and number, the floor, the apartment number, the city, the county/the district, the zip code), if they are different from your address and the payment method (collect on delivery, online by card). Optionally, you may specify in the box” Order notes (optional)” any details that you deem important for the delivery.

Step 3 – Accept the” Terms and conditions of the website” by checking the box next to the link” terms and conditions”

Step 4 – place the order.  After pressing the button “Send order”, the products, the delivery address and the payment method are checked. If all the details are correct, the order will be processed by our operators. In the case of the payment by bank card, you will be directed to the payment window.

Step 5 – once the order is sent, you will receive an e-mail at the address specified in the order form (which will include the confirmation of your order, the prices of the products ordered and the delivery details). Also, a CLARFON representative will contact you by phone as soon as possible for the final validation of the delivery address.  At this step, you agree to provide true, correct, current and complete information about you, as they are specified in the order form.

 

 

 

 

  1. PRICES

The prices displayed on www.eauditiv.ro  are expressed in RON and include the VAT. The invoices shall specify the prices displayed at the time of registration of the order, except for the possible errors or VAT changes.

The invoices shall also specify the delivery fee. At the time of placing the order, the final transportation fee shall be displayed in the order form.

 

  1. PAYMENT CONDITIONS AND METHODS

The order may be paid:

  1. a) by card (online payment). In this case, the order shall be processed after the receipt of the payment confirmation
  2. b) in cash. The payment in cash shall be made in RON, in full, at delivery. The value of the products is the one at the time of confirmation of the order by phone/e-mail. The payment shall be made to the delivery courier or to the representative of the courier company.

 

  1. DELIVERY

The products ordered shall be delivered to all Romanian localities, in compliance with the following conditions: after placing the order on the websitewww.eauditiv.ro, you will be contacted by e-mail/phone by our operator with a view to confirming the order, the order price, the delivery address and fee and in order to set out the delivery details. The delivery shall be made within 48 hours of the phone confirmation of the order by the CLARFON operator. The period specified is indicative, and it may be changed for reasons independent of our will.  The products shall be delivered from Monday to Friday, except for the legal holidays, from 9:00 to 18:00. The products shall be delivered at the address specified by you in the order form.  The delivery shall be made by FAN CURIER in Bucharest and in the country, at the seat/domicile/address indicated by you. The delivery shall be made in exchange for consideration, namely the standard delivery/transportation fee shall be of RON 18 in the case of localities having a Fan Curier delivery hub. In order to deliver the products at the addresses from the secondary localities, an additional delivery fee shall be charged per region, depending on the geographic area, and this shall be borne by you. This additional fee shall be added to the standard delivery/transportation fee of RON 18. The method for the calculation of the additional fee may be consulted here.

The price of the products ordered and the delivery fee shall be paid according to the payment conditions and methods provided for in point 6 above. The products shall be delivered in the form provided by the manufacturer and within the limit of the available stock. CLARFON S.A may not guarantee that all products presented are available. The offer for products displayed is valid within the limit of the available stock. CLARFON S.A. reserves the right to defer the delivery deadlines, if the product or the products ordered are not available in stock at the time of receipt of the order. In this case, the customers shall be informed and consulted in respect of maintaining or cancelling the order. Upon delivery, the products shall be accompanied by the following documents:

*the original tax invoice

*the receipt issued by the courier (FAN Courier), if the payment is made in cash, upon delivery of the products ordered.

*warranty certificates for the products

* instructions for use products ordered

The absence of our notice and the expiry of the delivery deadline entitles you to refuse to take over the products at any time. If you are not found at the address specified, during the time slot agreed, the courier shall return once again, after contacting you in order to fix another delivery date. If you are not found at the address specified the second time, during the time slot agreed with our courier, your order shall be cancelled and the product shall be returned to our headquarters.

 

  1. THE RIGHT TO WITHDRAWAL

8.1 Withdrawal period

You have the right to withdraw from this contract within 14 calendar days of the delivery date of the products, of the day in which you or a third party, other than the carrier, and who was indicated by you  in order to receive the products ordered by you respectively, acquires the physical possession of the products.

If you have ordered, by a single order, multiple products to be delivered separately, the period of 14 calendar days specified above shall run from the day in which you or a third party, other than the carrier, and who was indicated by you in order to receive the products ordered by you, acquires the physical possession of the last product.

In the case of delivery of a product consisting of more batches or parts, the period of 14 calendar days specified above shall run from the day in which you or a third party, other than the carrier, and who was indicated by you in order to receive the product ordered by you, acquires the physical possession of the last product or of the last part;

In order to meet the withdrawal deadline, it is enough to send the notice concerning the exercise of the withdrawal right before the expiry of the withdrawal period.

In order to exercise the withdrawal right, it is not necessary to justify the withdrawal decision.

8.2 The return conditions

Conditions for the return of the products sold and shipped by Clarfon SA via the www.eauditiv.ro platform:

  • The products returned must be in the same state in which you have received them.
  • The return shall include the intact initial labels, the original warranty certificate and all the documents accompanying the product at delivery.
  • The product must be in the same state in which it has been delivered and accompanied by the accessories/the gifts with which it has been delivered.
  • If you have bought more products of the same kind and you want to return them all, make sure that only one has been unsealed. The return of the other products shall be accepted only if they are sealed.

The return shall not be accepted in the case of products which have undergone unauthorised interventions, of those showing signs of wear or excessive use, scratches, flaws, damages, mechanical / electrical shocks.

Also, the return shall not be accepted in the case of products missing the accessories.

8.3 The right to withdrawal shall be exercised by sending, on a mandatory basis, to the company Clarfon SA, a written notice concerning your decision to withdraw from this contract, by using any of the following variants:

  • by filling and sending in electronic format on our website eauditiv.ro the withdrawal form that you find here or that you find at the section ………. If you use this option, we shall send you without delay on a durable medium (e-mail) the confirmation of the receipt of your withdrawal request.
  • or by any other unequivocal declaration by which you express the right to withdraw from the contract (for example, a letter sent by e-mail or by post).

We specify that the withdrawal form/ the unequivocal declaration concerning the withdrawal from the contract may also be communicated at the following e-mail address: comenzi@clarfon.ro or at the following address: Str. Slt. Sld. Zaharia, nr. 22, 1st district, Bucharest, recipient Clarfon SA

In the withdrawal form, you may choose one of the following return options:

  • the exchange with the same model (change of size or colour),
  • the exchange with a different product sold by Clarfon
  • or the reimbursement of the amount paid at the time of purchase.

8.4 The products shall be returned by courier at CLARFON, Str. Slt. Sld. Zaharia, nr. 22, 1st district, Bucharest, from Monday to Friday, from 9 to 17,30.

 

When returning the products, please use the packaging in which you have received them or at least a similar packaging, ensuring the integrity of the products throughout the entire duration of the transportation. Otherwise and if this leads to the product deterioration, we shall have to refuse the reimbursement of the amounts paid by you, and the products shall be returned to you, at your expense, and we shall notify you without delay of this decision.

 

8.5 The consequences of the withdrawal

8.5.1. If you exercise the withdrawal right, you shall bear the direct costs related to the return of the products. Also, you are responsible for the reduction in the product value resulting from their handling, different from what is necessary in order to determine the nature, the features and the functioning of the products.

8.5.2 CLARFON S.A.  undertakes to reimburse the customer the amounts collected as payment for the products returned, including the delivery costs, within not more than 14 days of the date of withdrawal of the customer from the contract, in compliance with the provisions above.

We specify that the company Clarfon is not bound to reimburse and shall not reimburse the additional costs determined by your explicit choice of other type of delivery than the standard delivery provided by Clarfon.

The reimbursement shall be made by using the same payment method used for the initial transaction, unless you have expressly agreed to another reimbursement method; in any case, no fees shall be charged as a result of such reimbursement

We may defer the reimbursement until the date on which we receive the products or until you provide us with proof that you have sent back the products, whichever is the sooner.

  1. THE RESPONSIBILITY LIMITS:

CLARFON S.A. may not be held responsible for not honouring an order due to force majeure.

  1. COMPLAINTS

Your complaints concerning any issues related to the delivery of the products ordered may be sent to our seat situated at Str.Academiei, nr.28-30, et.9, 1st district, Bucharest, phone: 021/312.95.12, at the e-mail address comenzi@clarfon.ro

 

  1. PROTECTION OF PERSONAL DATA

Please see the” Privacy Notice” found on this website.

  1. JURISDICTION:

Any dispute arisen between the customers and CLARFON S.A shall be settled out-of-court. If the parties have not succeeded to settle the dispute out-of-court, this shall be settled by the relevant courts of law.

  1. OWNERSHIP TRANSFER.

The transfer of ownership of the products ordered from the website www.eauditiv.ro  shall take place at the time of delivery of the products ordered, provided that the price of the order (price of the products and the delivery cost) is paid in full by the delivery date. The place of entering the contract shall be the seat of Clarfon, Str. Academiei nr28-30, etaj 9, 1st district, Bucharest.

 

  1. APPLICABLE LAW

The Law No.365/2002 on electronic commerce; the Emergency Ordinance No.34/2014 on consumers’ rights in the framework of contract concluded with professional, and for amending and supplementing certain normative acts; the EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)

 

 

 

Administrator,

Ionut Stefanescu