Terms and Conditions

Terms and Conditions

We reserve the right to change this Site and these Terms and Conditions without prior notice. By accessing, browsing, or using this Site, you signify your assent to these Terms and Conditions, so please read this document carefully before proceeding.

 

1. General

SC METRO SRL SRL is the company that manages the domain www.polure.ro and its subdomains, hereinafter referred to as the "Site".

S.C METRO SRL S.R.L hereinafter referred to as "METRO SRL" or "Seller", is a Romanian legal entity, with registered office in Comuna Blejoi, Sat Blejoi, nr.941A, having the order number in the Trade Register J29/3999/1992, Unique Tax Identification Code RO2700728, telephone/fax: 0728879884.

Access to and use of the Site is subject to the Terms and Conditions contained in this document. Using the Site as a visitor, registering as a User and purchasing products and services offered on the Site as a Customer, implies that you have carefully read and tacitly and unreservedly accepted these Terms and Conditions, with all the consequences arising therefrom, referred to as "Use".

The Services that this Site provides are reserved for persons over 18 years of age or minors over 14 years of age who have parental consent to use this Site.

2. Definitions and terms

 

Seller: METRO SRL

User: means the natural or legal person who has or obtains access to the Content of the Site, by any means of communication made available by METRO SRL (electronically, by telephone, etc.) or on the basis of a user agreement existing between METRO SRL and the latter and requiring the creation and use of an Account.

Customer: a natural or legal person, or any legal entity placing an Order.

Website: means the domain www.polure.ro belonging to METRO SRL, through which the User has access to information on products and services offered by METRO SRL.

Account: is the section of the Site consisting of an email address and a password that allows the Customer to submit the Order and contains information about the User/Customer and the Customer's history on the Site (Orders, tax invoices, etc.).

Order: is an electronic document, generated as a result of access to the Site by a Customer, by which the Customer transmits to the Seller his intention to purchase Products and Services from the Site. The reservation of a Product by accessing the Site does not represent an Order.

Contract: means the distance contract for goods or services concluded between the Seller and the Customer within the framework of an organised system of distance sales or services organised by the Seller, without the simultaneous physical presence of the Seller and the Customer up to and including the moment when the Contract is concluded.

Content: - all information on the Site that can be visited, viewed or otherwise accessed through the use of electronic equipment; - the content of any email sent to its Users or Clients by a METRO SRL employee or collaborator by electronic means and/or any other available means of communication; - any information communicated by any means by a METRO SRL employee or collaborator to the User or Client, according to the contact information, whether or not specified by the User or Client; - information related to products, services and/or tariffs charged by Polure in a given period; - information related to products, services and/or tariffs charged by a third party with which METRO SRL has entered into partnership agreements, in a given period; - data related to METRO SRL, or other privileged data of METRO SRL.

Products and Services: any product or service, including the documents and services mentioned in the Order, to be provided by METRO SRL to the Customer as a result of the conclusion of the Contract.

Transaction: the collection or reimbursement of an amount resulting from the sale of a Product and/or Service by METRO SRL to the Customer, using the services of the card processor agreed by METRO SRL, regardless of the delivery method.

Campaign: the action of displaying for commercial purposes, a finite number of Products and/or Services having a limited and predefined stock, for a limited period of time established by METRO SRL.

Newsletter: means of periodic information, exclusively electronic (email, SMS), on Products and Services and/or promotions carried out by METRO SRL in a given period, without any commitment on the part of METRO SRL with reference to the information contained therein.

Review: a written evaluation by the owner or beneficiary of a Product or Service, written on the basis of personal experience and his ability to make qualitative comments and to say whether or not the Product or Service complies with the specifications mentioned by the manufacturer.

Misuse: is the use of the Site in a manner contrary to industry practice, regulations and legislation in force or any other manner that may cause damage. METRO SRL.

3. Online sales policy

3.1. Access to place an Order is allowed to any User or Customer. For justified reasons METRO SRL reserves the right to restrict the access of the User/Customer to place an Order and/or to some of the accepted payment methods, if it considers that, based on the conduct or activity of the User/Customer on the Site, his/her actions could in any way prejudice METRO SRL. In any of these cases, the User/Customer may contact METRO SRL representatives to be informed of the reasons that led to the application of the above-mentioned measures.

3.2. All the information used to describe the Products and/or Services available on the Site (static/dynamic images/multimedia presentations etc.) does not represent a contractual obligation on the part of METRO SRL, as they are used exclusively for presentation purposes.

3.3. Promotions and offers presented on the Site are valid for a certain period of time and within the limits of available stock.

3.4. Communication with METRO SRL can be made through direct interaction with it or through the addresses mentioned in the Contact section of the Site. METRO SRL is free to manage the information received without having to justify it.

3.5. An Order not confirmed by METRO SRL does not have the value of a Contract.

3.6. The notification message displayed immediately after the Order is placed is for information purposes only and does not represent confirmation of the Order. This notification is made electronically (by email) or by telephone.

3.7. The Contract is considered concluded between METRO SRL and the Client when the Client receives from METRO SRL, via e-mail and/or SMS, the Order confirmation notification. Therefore, the Contract comes into force upon confirmation of the Order by METRO SRL.

3.8. In the case of online payments METRO SRL is/cannot be held responsible for any other additional costs incurred by the Customer, including but not limited to payment fees, currency conversion fees applied by the bank issuing the Customer's card, if the currency of issue of the card differs from RON. Responsibility for this action rests solely with the Customer.

4. Order and contract documents

4.1. The Customer / User can place Orders on the www.polure.ro Website by adding the desired Products and/or Services to the shopping cart, and then complete the Order by making / choosing payment by one of the methods expressly indicated. Once a Product and/or Service has been added to the shopping cart, it is available for purchase insofar as there is stock available for it. The addition of a Product/Service to the shopping cart, in the absence of the completion of the Order, does not entail the registration of the Order, nor the automatic reservation of the Product/Service.

4.2. By completing an Order on the Site, the Customer agrees to the form of communication (email or telephone) by which METRO SRL conducts its commercial operations and consents that METRO SRL may contact him in any situation where it is necessary to contact the Customer.

4.3. By completing the Order, the Customer agrees that all data provided by the Customer, necessary for the online purchase process, are correct, complete and true at the time of placing the Order.

4.4 METRO SRL may cancel the Order placed by the Customer, following prior notice to the Customer, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other, in the following cases:

- Non-acceptance by the Customer's card issuing bank of the Transaction, in case of online payment;

- Invalidation of the Transaction by the card processor approved by METRO SRL, in case of online payment;

- The data provided by the Customer on the Site is incomplete and/or incorrect.

- the ordered products are no longer available, and similar products will be recommended.

4.6 In the event that a Product and/or Service ordered by the Customer and paid for, cannot be delivered by the Seller, the Seller shall inform the Customer of this fact and shall return to the Customer's account the consideration for the Product and/or Service, within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Customer expressly expressed his intention to terminate the Contract.

4.7 METRO SRL does not guarantee the availability in stock of all products displayed on the website. For this reason, METRO SRL will assume the right not to honour a certain order, if the product is no longer in the supplier/producer's offer or if the supplier/producer does not have it in stock. In case METRO SRL cannot supply the Products, the Customer will be informed as soon as possible. If the Products are already paid for, the money will be refunded within 7 (seven) days.

4.8. The document and the information made available by METRO SRL on the Website shall be the basis of the Contract thus concluded.

4.9. The Terms and Conditions may be modified at any time by updating this Site, these modifications becoming binding and with immediate effect for all Users/Customers.

5. Price

5.1. All prices for Products and/or Services displayed on the Website www. polure.ro are expressed in lei (RON) and include V.A.T. (in the percentage amount established by the legislation in force), but do not include delivery charges, unless expressly specified on the Website.

5.2 METRO SRL shall send to the Customer the invoice for the Order containing the Products and/or Services sold, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Customer's Account or by e-mail, to the e-mail address mentioned by the Customer in his Account.

5.3. By completing the Order, the Customer agrees to receive the invoices in electronic format by adding them by METRO SRL in the Account or by electronic mail, to the email address mentioned in the Account.

5.4. In the event that one or more Products and/or Services are subject to more than one promotion at the same time (discounts/gifts/promotional packages etc.), only one Promotion shall apply, namely the one with the highest value at the time of purchase of these Products and/or Services by the Customer.

5.5. Prices may be changed by METRO SRL at any time without prior notice.

5.6. METRO SRL warns that there may be cases when, as a result of malfunctions of the Site or errors, the price displayed on the Site may not be the real one. In these cases, METRO SRL will inform the Client of the correct price.

6. Payment and payment methods

6.1. The price, method of payment and payment term are specified in each Order. METRO SRL shall issue an invoice to the Customer for the Products and/or Services delivered, it being the Customer's obligation to provide all the necessary information to issue the invoice according to the legislation in force.

METRO SRL shall accept payment from the Customer through the secure online payment processor, at the time of receiving the Order from the Customer or in cash upon delivery of the ordered Products and/or Services.

6.3 METRO SRL reserves the right in certain cases to request payment of the Products in advance, based on the pro forma invoice issued. Payment in advance may be made by payment order or cash deposit to METRO SRL's account. Proof of payment must be sent to METRO SRL at info@mstore.ro..

Delivery of the Products will be made only after the amount has been credited to METRO SRL's account.

6.4. Payment in advance is also considered payment by credit card online, by selecting the electronic payment processor on the order form. In this situation, METRO SRL will ask the electronic payment processor to confirm the security and validity of the transaction and will also carry out additional checks where necessary before the delivery of the Products. Products ordered must be paid in full, otherwise delivery will not be made.

6.5 METRO SRL may undertake appropriate security checks during the Order process via third party databases. By placing an Order and accepting these Terms and Conditions, the Customer consents to these checks being carried out. When performing these checks, personal information provided by the Customer may be disclosed to a third party who may keep a record of such information. This will only be done in a secure manner and any data processing will be carried out in strict compliance with the Law No 677 of 2011 on the protection of individuals with regard to the processing of personal data and the free movement of such data, published in the Official Gazette No 790 of 12 December 2001.

7. Delivery

7.1 METRO SRL is obliged to deliver the Products by door-to-door express courier.

7.2. The Seller shall ensure proper packaging of the Products and shall ensure the transmission of the accompanying documents.

7.3. The Seller shall deliver the Products and Services only in Romania.

7.4. The delivery details of the Products and Services including but not limited to the time required for delivery do not constitute a contractual obligation on the part of METRO SRL, without any party being entitled to claim damages from the other party, in case either party may be or is prejudiced in any way as a result of the breach thereof.

8. Guarantees

8.1. All Products marketed by METRO SRL benefit from warranty conditions in accordance with the legislation in force (O.G. 21/1992, Law 449/2003 and O.G. 174/2008) and commercial policies of the manufacturers. The products are new, in original packaging and come from sources authorized by each manufacturer and supplier.

8.2. In the event of a structural defect in the product at the time of use, the product will be replaced with a new one if it can be shown to have been used correctly and according to the instructions on the label.

 

9. Transfer of Product Ownership

9.1. Ownership of a Product shall be transferred upon delivery, after the signature of receipt of the transport document provided by the courier or the signature of receipt on the invoice in the case of deliveries made by METRO SRL staff and after full payment by the Customer.

9.2. The legal title to the Products ordered and delivered to the Client shall not be transferred before METRO SRL has received all amounts due, based on these Terms and Conditions, directly or through its trustees (courier company or partner banks).

10. Right of withdrawal

10.1. According to the legislation in force, pursuant to O.U.G. 34/2014, the Customer may exercise the right of withdrawal from the Contract within 30 (thirty) days from the date of taking possession of the Products.

10.2. If the Customer requests withdrawal from the Contract using the Withdrawal Form within the legal term, METRO SRL shall refund the amount within a maximum of 30 (thirty) days from the date METRO SRL informs the Customer of its decision to withdraw from the Contract. The amount will be refunded as follows:

- Orders paid by online card - by refund to the account from which the payment was made;

- Orders paid by PO/refund/wire transfer/bank card - by bank transfer to the account provided by the Customer;

10.3 METRO SRL will refund the value of the returned Products only after receipt and verification of the returned Products. until receipt of the sold Products or until receipt of a proof that they have been shipped, if the Customer has not offered to take back the Products himself.

10.4. The following Products cannot be returned in accordance with art.16 of GEO 34/2014:

- Products made to order or according to the specifications provided by the Customer or clearly personalized;

- Products that are, after delivery, according to their nature, inseparably mixed with other items (with traces of adhesive, painted by the Customer, etc.);

11. Intellectual property law

 

11.1. The entire content of the Site including but not limited to text, logos, stylized representations, buttons, commercial symbols, static images, dynamic images, multimedia content, software and other data, generically called "Content" as defined in the preamble, are and remain the property of METRO SRL or, of the suppliers and/or producers of the products offered through the Site and is protected by Law no. 8/1996 on copyright and related rights, as amended and supplemented, Law no. 84/1998 on trademarks and geographical indications, as amended and supplemented and Law no. 129/1992 on industrial designs and models, republished.

11.2. The Visitor, User or Client is not allowed 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 the one originally intended by METRO SRL, include any Content outside the Site, remove the insignia that signify METRO SRL's copyright on the Content as well as participate in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with METRO SRL's express written consent.

11.3. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying User Agreement, if any, is prohibited.

11.4. If you identify any of the above actions, please contact us at info@mstore.ro.

 

12. Assignment and Subcontracting

12.1. METRO SRL may assign and/or subcontract to a third party for Services related to the fulfilment of the Order, with the Customer's information, without the Customer's consent. The Seller shall always be liable to the Customer for all contractual obligations. 12.2. The User/Customer shall not be entitled to Assign or Subcontract any of its rights and obligations under these Terms and Conditions.

 

13. Force Majeure

Neither party shall be liable for non-performance of its contractual obligations if such non-performance is due to an event of force majeure, in accordance with applicable law.

14. Responsibility

For the avoidance of doubt, METRO SRL shall not be liable for any indirect loss or damage (including but not limited to loss of profit, loss of opportunity or damage to image), damages of any kind, costs, expenses or claims for any indirect compensation (howsoever caused) which the Customer or any third party may suffer as a result of or in connection with METRO SRL's performance of any of its obligations under the Order and for damages resulting from the use of the Products and Services after delivery and in particular for loss thereof.

 

15. Confidentiality

Access to the METRO SRL website implies the users' acceptance that their personal data will be stored and processed by S.C. METRO SRL S.R.L., a company registered in the register of personal data processing under the number

According to the requirements of Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented, METRO SRL is obliged to manage in secure conditions and only for the specified purposes, the personal data provided by users of the site.

15.1. By accessing the Site www.pollure.ro and registering in the database METRO SRL, it implies the acceptance of the User / Client that Personal Data be collected, processed and/or used for the purpose of administering and fulfilling the contract concluded between Client and METRO SRL, general and long-term assistance for User / Client and personalized service, creation of a database for statistical reporting, market and opinion polling activities or about any other promotions or activities carried out by METRO SRL by any means of communication ( mail, email, phone, SMS, etc ).. SC METRO SRL is the sole owner of the information collected from this Site and undertakes that Personal Data will not be disseminated to third parties through sale, partial disclosure or rental.

15.2. Access to Personal Data will be limited to authorized employees as required for the purposes identified in point 15.1 as well as security and IT maintenance. METRO SRL uses appropriate technical and organizational measures to protect the security and confidentiality of Personal Data and carries out regular revisions and improvements to these measures as necessary to reflect the evolution of laws and/or shading in available technology.

15.3. Data collection is done through various specific modalities and tools such as: professional traffic tracking software, Newsletter management application, by saving in the database various contact forms available on the Site that are completed by the User, through online questionnaires, etc. We use the Data to analyze browsing habits, Site administration, to track the interests of Users and demographic information. All this aims to increase the degree of ease in the use of the Site and to publish information as relevant as possible for the interests of Users.

15.4. The User / Client has the right to access and revise Personal Data and to request the correction, modification, deletion or blocking of Personal Data.

15.5. The user / Client can withdraw his consent at any time.

15.6. Any additional questions and / or intention to access or see Personal Data, request regarding Personal Data or withdrawal of consent, will be directed to SC METRO SRL, at the email address info@mstore.ro.

15.7. METRO SRL does not send unsolicited messages and each edition of the Newsletter contains the unsubscribe method and once this option is accessed, the unsubscribe applies immediately, as no further confirmations from users are required.

15.8. Giving up receiving the Newsletter does not imply giving up the acceptance given for these Terms and Conditions.

16. Waste information

The management of any waste resulting from the cutting / non-use of the products is the responsibility of the customer.

 

17. Other terms

17.1. METRO SRL will make reasonable efforts to verify the accuracy of any information on the Site, but does not make a declaration and does not offer any warranty of any kind, express or implied, statuary or otherwise, regarding the content and availability of the Site;

17.2. Product Photos ( static, dynamic or ) are used exclusively for presentation and may contain accessories not included in the standard package, and some specifications or price may be modified by the manufacturer without notice or may contain operating errors and do not present a contractual obligation from METRO SRL;

 

18. Applicable law – Jurisdiction

The contract between Client and METRO SRL will be governed by the applicable legislation in Romania. Any disputes will be settled amicably or, if this is not possible, the disputes will be resolved exclusively by the competent Romanian courts in the territorial area where METRO SRL has its headquarters.

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