Terms and conditions
GENERAL TERMS OF USE OF WWW.KONTRASTWEB.COM
Thank you for your interest in our company, website, services and/or products.
Please read carefully this document, hereinafter referred to as "This document", "Contract", "Terms" together with the documents mentioned in its content.
This document represents the conditions for using the contrastweb.com website (hereinafter referred to as "the website") and placing orders for products and services through the website.
By browsing our site or placing an order you agree to the Terms and Conditions described below. This document is a legal agreement – a contract between you and us.
Please also read the Privacy Policy and the Cookie Policy before browsing the site or placing an order. If you do not agree to these Terms or the Policies indicated above, please do not use the Site.
The "Terms and Conditions" section represents how KontrastWeb operates and helps define your relationship with our site when you interact with our services and includes the rules that will govern the relationship between you, as a Customer, and us. as a Seller, as well as the terms of use of the site by potential visitors or customers.
The "Terms and conditions" document is drawn up in accordance with the mandatory provisions stipulated by the applicable legislation, respectively Law no. 365/2002 on electronic commerce and GEO no. 34/2014 regarding the rights of consumers in contracts concluded with professionals, as well as for the modification and completion of some normative acts.
Introduction. Definition of terms used
Online sales policy
Order products and services
Pricing of services and products, invoicing and payment
Delivery of products and provision of services
Customer's right of withdrawal
GUARANTEES
Intellectual property rights
Our Liability, Limitations and Exclusions
Acceptance of Terms and User or Customer Liability
Notifications and complaints
Personal Data/Privacy Policy
Major force
Notifications
Applicable Law and Dispute Resolution
Specific clauses
Changes/completions/updates of the document
1. INTRODUCTION - DEFINITION OF TERMS OF USE
1.1. Who are we?
Below you can also find our identification data:
Kontrast Tech SRL
email: info@kontrastweb.com
Phone: 0799074029
1.2. Definition of terms used
The Seller or the Provider - represents the company KONTRAST TECH SRL, as we previously introduced ourselves.
Customer/Buyer – represents any natural person, at least 18 years old, with full exercise capacity or any legal person/entity, who creates or not an Account on the Site and makes an online Order. Customer/Buyer also means a legal entity that places an Order through a natural person on its behalf. Adults who authorize minors to use the Site are responsible for their entire conduct on the Site and for all actions minors may take.
Products or services – represent any goods/products or services that are offered to the Client/Buyer for purchase, for a fee, through the contrastweb.com website.
Contract - represents the understanding at a distance (without the simultaneous physical presence) between the Seller and the Customer, regarding the sale/purchase of one or more Products or Services on the website, by placing an Order by the Customer and its acceptance by the Seller, with compliance with legal provisions and terms and conditions for online sales/e-commerce. The contract is concluded, as a rule, in Romanian.
Account – represents a unique interface of our website that involves customizing a section of the website by entering an e-mail address and a password, a section that contains various information about the Customer.
Order – represents the commitment expressed through the site by the Customer to purchase one or more Products, under the conditions set forth in this document and/or agreed with the Seller through a means of remote communication.
User – any person who has created an account on the site.
Visitor – any person who accesses the website.
Website – represents our website kontrastweb.com, as well as any section or subpage thereof.
The other terms used in this document have the meaning conferred by the applicable legal provisions.
2. ONLINE SALES POLICY
2.1. Any potential Customer acting with a legitimate purpose and intending to purchase one or more Products from us, in compliance with these terms and conditions, is allowed access to the contrastweb.com website in order to place an Order.
2.2. The customer declares that he accepts and agrees with the form of remote communication (eg telephone or e-mail) through which we carry out our operations in the case of using the website and, as the case may be, registering an Order.
2.3. In the event that there are errors in relation to the price or any other details of the Products and you have placed an order, we will inform you by e-mail or by other agreed means of communication as soon as possible in relation to such error.
2.4. When there is a promotion or campaign of any kind in progress, the Products that are the subject of sale within it will be subject to the terms and conditions applicable to that campaign or promotion, which we will bring to your attention.
2.5. All promotions or campaigns presented on the website are valid for the stated duration, and if no duration is indicated for the promotions, they will be valid within the limits of available stocks/places or for the duration that we consider appropriate to reach us the objectives.
2.6. We do not guarantee the availability of all Products at any time and reserve the right to discontinue any Product at any time.
2.7. Any questions or concerns can be addressed with confidence to the e-mail address: info@kontrastweb.com or by filling out the contact form, and we guarantee a response in the shortest possible time.
3. ORDERING PRODUCTS AND SERVICES
3.1. The customer expresses his agreement to enter into a bilateral contractual relationship with us – the KontrastWeb team, by placing an online order, which may contain one or more of the products or services offered on our website.
3.2. Any natural person (who has reached the age of 18) or legal entity can place an order from the menu related to the Customer Account, which will facilitate interaction with us and can bring you benefits (exclusive promotions, discounts, bonuses, etc.).
3.3. Adding a product to the shopping cart does not represent its reservation, and an order will be considered valid and completed after going through all the stages in the Order completion menu and only after confirming the full payment of the price of the products or services you opted for. By completing the Order, you confirm to us that all the data you have provided to us are correct, complete and true at the date of placing the Order and you explicitly acknowledge that the said Order implies your firm obligation to pay the "full payment amount". Any other method of the procurement procedure will not lead to the conclusion of a valid, correlative contract, we will not have the obligation to deliver the respective product or service.
3.4. Please note that we cannot estimate the time required to complete and provide products and/or services that require additional information from you or that involve customization of products/services already available.
3.5. The order will be considered accepted by us at the latest with the electronic delivery/supply of the ordered Products, and in case of an unaccepted but paid order, we will return the transferred amounts to you. The notification received by e-mail after placing the Order, regarding the taking over of the said Order, has an informative role and does not represent the acceptance of the Order by us.
3.6. The Customer undertakes not to market/resell or distribute the products purchased through the site, the Products being intended for personal use, and for the situation of professional use there is the possibility to present the Customer with a personalized licensing offer.
3.7. The Customer is directly and fully liable for the violation of the provisions set out above, and in this case the Seller reserves the right to ask the Customer for the difference in the amount for each Product that he passed on regardless of whether he partially modified it or not, and this right does not exclude the opportunity for the Seller to fully recover the damage suffered, by any method recognized by law, including by contacting the respective persons where we find the documents to request information regarding the purchase of the Products.
3.8. The Seller/Provider may cancel an Order placed with simultaneous or subsequent notice (such cancellation does not incur any liability on our part) in the following cases:
a) The Transaction is not accepted by the card issuing bank (the bank that issued the card does not accept the Transaction, in the case of online payment);
b) the card processor we work with does not validate or invalidate the Transaction (for example, either because there are insufficient funds or for other reasons, according to the processor's policy);
c) the payment is not completed within the term indicated by the proforma invoice, in the case of payment by bank transfer/internet banking;
d) the data you provide us when accessing the Platform is incomplete or incorrect;
e) you do not confirm the Order when we contact you for this purpose;
f) we reasonably consider that by accessing the Platform and placing the Order you are pursuing an illegal purpose or that may cause any kind of damage to us, our Affiliates or Partners;
g) any of the terms and conditions in this document have not been properly observed.
4. PRICE OF SERVICES AND PRODUCTS - INVOICING AND PAYMENT
4.1. The prices of the Products displayed on the website or communicated to the Customer are expressed in EURO and may or may not include VAT according to the legislation in force, as they will be displayed on the website and are considered valid prices for the Products displayed on the website or communicated to the Customer at the time of completing an Order.
4.2. Seller may update the prices of the Products, and such update will supersede any prices previously displayed for such Products.
4.3. The Seller will issue the invoice related to the products or services purchased based on the identification data that the Customer will communicate, and the invoice will be delivered together with the products or services ordered, to the Customer's e-mail or in the Customer Account, this being valid in this format and even without a stamp or signature from the issuer.
4.4. We note that no additional fees are applicable for payment by card, and the Seller is not responsible for any other costs incurred by you in addition to the price of the purchased Product including, but not limited to, bank transfer or currency conversion fees applied by to the issuing bank of the Customer's card, if the card's issuing currency differs from the currency in which the sale is made.
4.5. The Customer will be fully responsible for any kind of payment made in error, and in these situations the Seller will not return the amounts of money already paid, the Customer being solely responsible for these payments.
5. DELIVERY OF PRODUCTS AND PROVISION OF SERVICES
Delivery of Products or Services will be made exclusively electronically by providing a code, download link or other method that we make available and that we will communicate to you by email/in your Customer Account. Delivery will be made after full payment of the Products.
6. CUSTOMER'S RIGHT OF WITHDRAWAL
6.1. The customer understands and accepts the fact that the Products and Services sold on the contrastweb.com website are exempt from the right of withdrawal from the contract, in accordance with the legislation in force, being the provision of digital content that is not delivered on a physical medium, and the provision started with the prior express consent of the Client, and the amounts paid for a product, good or service on our website cannot be refunded.
6.2. The seller will be able to decide, in exceptional cases and only at his discretion, to refund certain amounts (total or partial) depending on certain particular cases, according to our commercial policy.
7. WARRANTIES
In accordance with the legal provisions in force, the Customer declares that he understands and agrees that in the case of electronic/digital products that assume immediate access, you agree that he will not benefit from a legal guarantee.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All copyrights on the products on the site belong to KONTRAST TECH SRL, known under the trade name KontrastWeb.
8.2. The Customer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any content in any context other than that originally intended by KontrastWeb include any content outside of the package, removing the signs signifying the copyright of KontrastWeb on the package as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the package, except with the express written consent of KontrastWeb, the latter reserving the right to recover any type of damage caused (direct, indirect, present and future) by any means provided by the legal provisions.
8.3. The customer understands that there may be situations in which KontrastWeb does not hold property rights or some intellectual, industrial or commercial property rights regarding certain files, pictures, materials, etc. published on the site, benefiting only from a right to use them, and regardless of the situation, the Client is not allowed to commercialize, redistribute or reproduce these materials, nor to decompile them or modify their structure, without the prior consent of KontrastWeb.
9. OUR LIABILITY, LIMITATIONS AND EXCLUSIONS
9.1. The Seller is not responsible in the situation where the Customer provides wrong or incomplete information or data, the Customer being solely responsible for the accuracy of this information, and in this sense the Customer declares that he agrees and understands that a large part of the functions of our website are automated and the final result depends exclusively on the information he provides to the Seller or enters into the system.
9.2. The maximum liability limit of KontrastWeb and its directors, administrators, employees, subcontractors and affiliates to Customers for damages of any nature shall be the maximum amount actually paid by Customer to KontrastWeb.
9.3. The seller assumes no responsibility for:
a) loss of data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exceptional or punitive damages resulting from or related to the materials or services provided by KontrastWeb, even if the Customer has been informed of the possibility such damages and without prejudice to the essential purpose of any limited remedy;
b) the Customer's decisions as a result of the messages promoted by a partner or an affiliate or the decisions the Customer makes as a result of the information you find on the site, regardless of whether they are written or not by recognized experts in their field;
c) any changes it will make regarding the provision of the Services, including a total or partial interruption of the provision of the Services (or certain functions of the Services);
d) non-existence of provision or incomplete provision by the Client of information that can be verified;
e) the Client's impossibility to keep his login data (username, password or other credentials) safe and confidential.
f) damage to any device or digital content belonging to the Customer caused by the lack of proper implementation of the necessary security measures, by accessing the materials and information that the Seller delivers in the form of digital content or of any other type.
g) any other additional costs will apply to the Customer, including mobile phone costs (such as mobile internet costs) or internet costs in the location from which the website is accessed or other related costs.
10. ACCEPTANCE OF THE TERMS AND RESPONSIBILITY OF THE USER OR CUSTOMER
The User or Client declares that he understands and agrees that it is prohibited to use the contrastweb.com website in the following ways or for the following purposes:
a) In violation of the Terms and Conditions of this document;
b) Violating, in any way, the applicable legal provisions or through ways that may lead to the violation, in any way, of the applicable legal provisions;
c) To disseminate false or wrong information or to propagate misinformation, incitement to hatred or the like;
d) In any way acting on the account and on behalf of another person, in particular by using false names, false email addresses, false phone numbers, etc.
e) To defame other people, to make insults, accusations or offensive statements about any other person;
f) To promote or hide illegal or immoral activities;
g) To reproduce, in any way, the website interface, in order to mislead users, customers or potential customers that we have;
h) To gain unauthorized access to data that our visitors or customers have voluntarily provided to us;
i) To introduce malicious programs or lines of code into the system;
j) To request illegal information, products or services or to request information covering an illegal activity;
k) To gain access to different sections or subsections of the site or to the products or services offered by us using illegal procedures;
l) To obtain products or services for the purpose of resale (with the exception of the Policies regarding the processing of personal data generated through the TOOL).
11. REPORTS AND COMPLAINTS
11.1. Users and/or Customers of the contrastweb.com website can generally contact us at the email address or through the form in the "Contact" section for any concerns, problems, notifications or complaints in relation to the Products or Services, including to identify and correct any errors that occur during data entry,
11.2. Notifications received in this way will be resolved by us within a maximum of 30 (thirty) calendar days from their receipt.
12. PERSONAL DATA
By using the Platform, the Customer understands and agrees to transmit personal data to the Seller, these data will be processed in accordance with and for the purposes set forth in the Privacy Policy, which completes these Terms and Conditions.
13. FORCE MAJEURE
13.1. Neither the Seller nor the Customer is responsible for the non-execution on time and/or the improper execution, in whole or in part, of any obligation falling under this contract, if the non-execution or improper execution of the respective obligation was caused by force majeure, as defined by law.
13.2. The party invoking force majeure is obliged to notify the other party, within 15 (fifteen) calendar days, of the occurrence of the event and to take all possible measures to limit its consequences.
13.3. If, within 15 (fifteen) calendar days from its occurrence, the respective event does not cease, the parties have the right to notify the full termination of this contract, without any of them claiming damages.
14. NOTICES
14.1. The user agrees that all communications made on the basis of this document take place by means of electronic mail to the address communicated by him on the site, agreeing that such communication is valid by simple evidence from the Seller/Provider regarding the sending of the communication. The Provider has the right to use other methods of transmission (by mail, courier or through bailiffs) of its communications to the User.
14.2. The parties agree that all communications in connection with this Agreement shall be made to the following addresses:
For the User – to the e-mail address mentioned in through the Platform;
For the Provider – at the following email address: info@kontrastweb.com
15. APPLICABLE LAW AND DISPUTE RESOLUTION
15.1. This document represents a legal contract concluded at a distance, accepted by simply ticking it and is subject to Romanian law.
15.2. If it is not possible to resolve the disputes amicably, the parties will refer to the competent courts according to the law.
16. SPECIFIC CLAUSES
16.1. Our obligation is not an obligation of result, but an obligation of diligence, which means that we will do our best to deliver the Products or Services, but we cannot guarantee their performance, and the Customer expressly agrees to this .
16.2. The Seller/Provider does not assume responsibility for accessing the links it finds on the site and does not guarantee that the platform is free of bugs or viruses and is not responsible for any temporary, partial or total interruptions of the platform, and this does not give the right to compensation for the Customer.
17. DOCUMENT CHANGES/UPDATES
We reserve the right to modify these Terms at any time and without prior notice. By visiting our website you will find the most recent version of the Terms.