GENERAL TERMS AND CONDITIONS OF SALE (TCGV)
Article 1 – PURPOSE
The general terms and conditions of sale (hereinafter TCGV) will apply to all sales of goods and services by Stasera, through the virtual store www.stasera.co to the Buyer and may be modified only with the express written consent of both parties.
Article 2 – DEFINITIONS
In this TCGV, the following terms will mean:
Buyer: person, company, firm or other legal entity that issues an Order.
Seller: the commercial company STASERA COMPANY SRL, having its registered office in Bumbesti street no. 29, Bucuresti, District 1, Romania, CUI 45511889, J40/1049/21.01.2022
Goods and Services: any product (jewelry) or service, including the documents and services mentioned in the Order or otherwise related to them to be provided by the Seller to the Buyer.
Order: an electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and to pay for them.
Contract: an order confirmed by the Seller.
Intellectual Property Rights (hereinafter IPR): all intangible rights such as know-how, copyright and copyright nature, database rights, design rights, patents, trademarks and domain name registrations.
Specifications: all specifications and / or descriptions of the Goods and Services as specified in the order.
Article 3 – CONTRACTUAL DOCUMENTS
By launching an electronic or telephone order on the aforementioned site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller carries out its operations.
The order will be composed of the following documents, in order of importance:
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The order (together with the clear mentions on the delivery and invoicing data) and its specific conditions
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Buyer Specifications (where applicable)
If the Seller confirms the order, this will imply a complete acceptance of the terms of the Order. The acceptance of the order by the Seller is considered completed when there is a verbal (telephone) confirmation from the Seller to the Buyer, without requiring an acknowledgment of receipt from him. The Seller does not consider at any time an unconfirmed order as having the value of a Contract.
Article 4 – VALIDITY
This Agreement enters into force upon confirmation of the Order by the Seller. Confirmation is made by phone or by email. The general terms and conditions of sale will be the basis of the Contract thus concluded, in their completion being the Warranty Certificate issued by the Seller or a supplier thereof.
Article 5 – EXTENSION OF THE SELLER’S OBLIGATIONS
5.1 The Seller will use its professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods and Services that meet the requirements, needs and specifications of the Buyer.
5.2 The information presented on the Seller’s website is informative and may be modified by the Seller, without prior notice. Also, for reasons related to space and consistency of information structure, product descriptions may be incomplete, but the seller makes efforts to present the most relevant information, so that the product is used in the parameters for which it was purchased.
5.3 If a product has been ordered that has since become unavailable, the buyer will be contacted by a Stasera representative, by telephone or email, who will inform him of the unavailability of the products. Stasera representative will try to offer other variants for the respective products, with a similar value.
Opinions or addresses containing insults or inappropriate language will be excluded or ignored from the site. The seller has the freedom to manage the information received, without having to bring justifications for it.
Article 6 – ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and/or subcontract a third party for services related to the fulfillment of the order, with the information of the Buyer, without the need for his consent. The Seller will always be liable to the Buyer for all contractual obligations.
Article 7 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Buyer understands the intellectual property right and will not disclose to a third party or make public (on the Internet or media), any of the information received from the Seller. Also, the site name, as well as the graphic signs, are registered trademarks of Stasera and may not be taken over, copied, or used without the written consent of the owner.
Article 8 – PENALTY TERMS
If the terms of delivery and / or start of the Order cannot be observed, the Seller is obliged to notify the Buyer of the estimated term of completion of the delivery.
In case the Seller receives erroneous information related to the invoicing or delivery of the products, a new order fulfillment term will be established, which will be within 7 working days.
Article 9 – INVOICING – PAYMENTS
The price, method of payment and payment term are specified in the Order. The Seller shall issue an invoice to the Buyer for the Goods and Services delivered, it being the Buyer’s obligation to provide all the necessary information to issue the invoice in accordance with the legislation in force.
Article 10 – RISKS AND RESPONSIBILITIES
10.1 Delivery
The Seller undertakes to ship the Goods and Services in a door-to-door system to the Buyer and ensures a term of 120 hours or exceptionally 240 hours from the transfer of the Order to Delivery status, status that can be consulted in the personal account created by the Buyer on the aforementioned site. In exceptional conditions (weather, road conditions, accidents, etc.), the Seller will inform the Buyer about the delay and will provide an estimated delivery time.
10.2 Transport – Packaging
Unless otherwise agreed by the Seller and the Buyer, the Seller discharges the risks and responsibilities associated with the Goods and Services when handing them over to the domestic courier company (TNT) with which the Seller collaborates or to the Buyer’s representative. The Seller will ensure the proper packaging of the Goods and Services and will ensure the transmission of the accompanying documents. The Seller will deliver the Goods and Services on the Romanian territory. In case of damaged goods, quantitative and / or qualitative deficiencies, they will be replaced and / or supplemented accordingly.
DERISORY PRICE
The seller will make every effort to provide accurate information regarding the price and characteristics of the products. It is possible that some features and/or prices may be wrong due to human error. If the Customer places an order where the product has the wrong price, the Seller has the right to cancel the Buyer’s order.
Fictitious price and derisory price
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The sale is voidable when the price is set without the intention of being paid.
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Also, unless otherwise provided by law, the sale is voidable when the price is so disproportionate to the value of the good that it is obvious that the parties did not wish to consent to a sale.
ERROR CHARACTERISTICS
If an order is registered in which the product has the erroneous characteristics due to a human or technical error, the Seller will make every effort to deliver a product with characteristics similar to the ordered product. If the customer does not agree with this solution, the Seller has the right to cancel this order.
Article 11 – ACCEPTANCE
Acceptance will be made when the Goods and Services comply with the characteristics mentioned in the Order. If the Buyer discovers that the Products delivered or the Services provided do not comply with the specifications, the Seller will bring the Products and Services into conformity within the maximum term equal to the execution term of the Order – mentioned in the product description page, without imputing any costs to the Buyer. related to these operations.
Article 12 – GUARANTEES
Gold products will be handed over marked. Also, the goods will be accompanied by the invoice, the quality certificate issued by the supplier or by Stasera, as well as other documents required by the legislation in force. In addition to any other warranties provided by applicable law and detailed in the Warranty Certificate issued by the Seller, it warrants the Buyer against any non-conformity that may affect all or part of the Goods and Services, except for normal wear and tear.
Article 13 – TRANSFER OF PROPERTY
The ownership over the Goods and Services will be transferred at the moment of their delivery to the Buyer in the location indicated in the Order and at the full collection of their equivalent value (understanding by delivery – signing the receipt of the transport document provided by the courier or signing the receipt deliveries made at the Seller’s premises). In case of delivery by courier, it is not authorized by the Seller to allow the Buyer to open the packages before signing the delivery, but only after signing the delivery and paying their possible value. The Seller cannot be held responsible for the contents of the packages sent unless there is a document concluded by the Buyer and the representative of the courier who made the delivery.
Article 14 – COMPLIANCE WITH LAWS AND STANDARDS
The Seller shall comply with all laws, regulations, and ordinances applicable to its contractual performance, including without limitation to manufacture, assembly, handling, transportation, storage, packaging or delivery of Goods and Services and applicable to health, safety, environment.
Article 15 – LIABILITY
The Seller cannot be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller’s fulfillment of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for loss of products.
The Seller will be liable if its subcontractors and / or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.
Article 16 – INFRINGEMENT – TERMINATION
If the Seller does not fulfill its obligations, the Buyer will notify the Seller of this breach. An action plan will be validated between the Parties within 3 working days of notification. The Buyer can cancel an Order, only before it enters the production / subcontracting schedule. Otherwise, the order will be subject to the Return of the goods, mentioned on the Seller’s website.
Article 17 – FORCE MAJEURE
Neither party will be liable for non-performance of its contractual obligations if such non-performance is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.
Article 18 – APPLICABLE LAW – JURISDICTION
This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract will be settled amicably, and if no agreement is reached in this way, the competent courts will be appealed to the Seller’s headquarters.
Article 19 – MISCELLANEOUS PROVISIONS
If one or more provisions of these TCGV are in conflict with any applicable legal requirement, those provisions will not be applied, and the Parties will work together to agree on new provisions that respect the spirit of the original provisions.
The parties to the contract will be considered independent contractors and neither party is granted the right or authority to assume or create any obligation on behalf of or to the detriment of the other. The terms and conditions of this agreement supersede other prior written or oral agreements between the said Parties relating to the subject matter of this Agreement and may only be amended or changed by written agreement signed by both parties.By agreeing to these Terms and Conditions, the customer fully assumes these risks.
