Terms and Conditions
DEFINITIONS AND TERMS
Seller – CONVERGIS SRL, a legal entity of Romanian nationality with registered office at Str. Daliei no. 6A, Balotesti, Ilfov, owner of the online store nestkey.ro,
The NESTKEY brand – is the registered trademark of CONVERGIS SRL
Buyer - can be any natural person over 16 years of age or a legal person or any legal entity that creates an Account on the Site and places an Order.
Client – can be any natural person over 16 years of age or legal entity that has or obtains access to the CONTENT, through any means of communication made available by CONVERGIS SRL (electronic, telephone, etc.) or based on an existing user agreement between CONVERGIS SRL and it and which requires the creation and use of an Account.
User – any natural person over 16 years of age or legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the General Terms and Conditions section.
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order and which contains information about the Client/Buyer and the Buyer's history on the Site (Orders, tax invoices, Goods guarantees, etc.). The User is responsible and will ensure that all information entered when creating the Account is correct, complete and up-to-date.
My Cart – section that allows the Buyer/User to add Goods that he/she wishes to purchase at the time of addition or at a later time; if the Goods are not purchased at the time of addition by placing the Order, the Buyer/User will benefit from the service offered by the Seller to track the Goods and Services by receiving Commercial Communications from him/her.
Website – the online store hosted at the web address nestkey.ro and its subdomains.
Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods and Services from the Site.
Goods – any product listed on the Site, including the products and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the concluded Contract.
Campaign – the action of displaying for commercial purposes a finite number of Goods and/or Services with a limited and predefined stock, for a limited period of time established by the Seller.
Contract - represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content – represents:
* – all information on the Site that can be visited, viewed or otherwise accessed using electronic equipment;
* – the content of any e-mail sent to Buyers by the Seller via electronic means and/or any other available means of communication;
* – any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, whether or not specified by the latter;
* – information related to the Goods and/or the prices charged by the Seller during a certain period;
* – information related to the Goods and/or the rates charged by a third party with whom the Seller has concluded partnership contracts, during a certain period;
* – data relating to the Seller, or other privileged data of the Seller.
Document – these Terms and Conditions.
Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile.) containing general and thematic information, information regarding similar or complementary products to those you have purchased, information regarding offers or promotions, information regarding Goods and Services added to the “Account/My Cart” section or the “Account/Favorites” section as well as other commercial communications such as market research and opinion polls.
Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by CONVERGIS SRL to the Buyer, by using the services of the card processor approved by the Seller, regardless of the delivery method.
The moment of conclusion of the distance contract - the moment of confirmation on a durable medium (e.g. e-mail) of the acceptance of the order by the seller and the commitment to transfer ownership of the products to the buyer.
Review - personal opinions in the form of text and/or rating (number of stars awarded from 0 to 5) given by buyers of a product or users of the site and represents an evaluation written based on personal experience and their ability to make qualitative comments and it is not guaranteed that they come entirely only from buyers who have actually used or purchased the product. Before being published, reviews are pre-checked to not contain obscene or offensive words.
CONTRACTUAL DOCUMENTS
* 1. All information on this site is provided in good faith. There is also the unlikely possibility of errors of a technical or content nature, related to technical specifications or images/videos or even prices, stocks or product availability, which may occur for example when orders are placed outside working hours or due to lack of internet connection caused by electronic communications service providers, etc. the situations described above not being exhaustive, etc.
* 2. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
* The notification received by the Buyer after placing the Order is for information purposes only and does not represent acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
* 4. The Seller undertakes all professional diligence to ensure the accuracy of the information on this website (including prices), which is why, in order to ensure the certainty of the information, all requested orders will undergo a prior process of confirming stock, product characteristics and price before the Seller makes a contractual commitment to transfer ownership of the products to the buyers.
* 5. If, despite all the steps taken by the seller, such technical errors are displayed on the online store interface, including a net price lower than the actual price charged for a product or a category of products, due to a possible system error, without the intention of misleading potential consumers, the seller will send the buyer the updated price, stock and features by e-mail and/or SMS, the consumer having the right not to accept the modified offer.
* 6. Confirmation of receipt and takeover of the order does NOT equate to acceptance of the order in the sense of concluding the contract between the Seller and the Buyer. The moment of concluding the distance contract is the moment of confirmation, on a durable medium (e.g. email), by the seller of the acceptance of the order, in this case, confirmation of stock availability, price, technical characteristics and the commitment to transfer ownership of the products to the buyer.
* 7. The contract is considered concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, via e-mail and/or SMS, of the notification of dispatch of the Order.
ONLINE SALES POLICY
* 1. Access to place an Order is allowed to any User/Buyer.
For justified reasons, CONVERGIS SRL reserves the right to restrict the User/Buyer's access to place an Order and/or to some of the accepted payment methods, if it considers that based on the User/Buyer's conduct or activity on the Site, his/her actions could in any way harm CONVERGIS SRL. In any of these cases, the User/Buyer may contact the Customer Relations Department of CONVERGIS SRL, to be informed of the reasons that led to the application of the aforementioned measures.
* 2. Communication with the Seller can be achieved through direct interaction with him or through the addresses mentioned in the "contact" section of the Site. The Seller has the freedom to manage the information received without having to provide justification for it.
* In the event of an unusually high volume of traffic coming from an internet network, CONVERGIS SRL reserves the right to ask Users/Buyers to manually enter captcha validation codes, in order to protect the information on the Site.
* CONVERGIS SRL may publish on the Site information about Goods and/or Services and/or promotions practiced by it or by any other third party with whom CONVERGIS SRL has concluded partnership contracts, within a certain period of time and within the limit of available stock.
* All prices for the Goods presented on the Site are expressed in lei (RON) and include VAT.
* Under the conditions provided by law, the price of the Electronic Goods displayed on the Site includes the Green Stamp Tax. If the User/Buyer requests details regarding the exact amount added to the price of the Good, he/she will contact the Customer Relations Department of CONVERGIS SRL.
* 7. In the case of online payments, the Seller is not/cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, if the currency of issue differs from RON. The Buyer bears sole responsibility for this action.
* All information used to describe the Goods available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.
INTELLECTUAL AND INDUSTRIAL PROPERTY
1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of CONVERGIS SRL, with all rights obtained in this regard directly or indirectly (through use and/or publication licenses) being reserved to it.
* The Client/Buyer/User 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 the original one intended by CONVERGIS SRL, include any Content outside the Site, remove the insignia signifying CONVERGIS SRL's copyright over the Content, as well as participate in the transfer, sale, distribution of materials created by reproducing, modifying or displaying the Content, except with the express written consent of CONVERGIS SRL.
* 3. Any Content to which the Client/Buyer/User has and/or obtains access by any means is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between CONVERGIS SRL and it, and without any implicit or express warranty formulated by CONVERGIS SRL with reference to that Content.
* 4. The Client/Buyer/User may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if these do not conflict with the provisions of the Document.
* If CONVERGIS SRL grants the Client/Buyer/User the right to use, in the form described in a distinct user agreement, a certain content, to which the Client/Buyer/User has or obtains access pursuant to this agreement, this right extends only to that content or contents defined in the agreement, only during the period of its existence or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of CONVERGIS SRL for the respective Client/Buyer/User or any other third party who has/obtains access to this transferred content, by any means and who could be or is prejudiced in any way as a result of this content, during or after the expiration of the user agreement.
* No Content transmitted to the Client, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him through access, visit and/or viewing does not constitute a contractual obligation on the part of CONVERGIS SRL and/or the employee/agent of CONVERGIS SRL who mediated the transfer of Content, if any, with respect to the respective content.
COMMAND
* 1. The Customer/Buyer can place Orders on the Site by adding the desired Goods to the shopping cart, and then finalizing the Order by making the payment through one of the methods expressly indicated. Once added to the shopping cart, a Good is available for purchase to the extent that there is stock available for it. Adding a Good to the shopping cart, in the absence of the Order being finalized, does not entail the registration of an order, nor does it imply the automatic reservation of the Good.
2. The procedure for concluding a distance contract is structured in two stages. After the consumer submits the order, he will receive a first message representing a "confirmation of the order request" followed by an internal verification and confirmation of the stock, product price, delivery price, product characteristics, accessories, etc., after which the consumer will receive a second message representing a "confirmation of acceptance and delivery of the order (the moment of conclusion of the contract)".
* By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the Order.
4. By completing the Order, the Buyer consents that the Seller may contact him, by any means available / agreed by the Seller, in any situation in which it is necessary to contact the Buyer.
5. The Seller may cancel the Order placed by the Buyer (but not confirmed by the Seller), following prior notification to the Buyer, 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:
5.1. non-acceptance by the issuing bank of the Buyer's card of the transaction, in the case of online payment;
5.2. invalidation of the transaction by the card processor approved by CONVERGIS SRL, in the case of online payment;
5.3. the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;
For further details on payment methods, please read the "Payment Methods" section.
RIGHT OF WITHDRAWAL
* For details regarding the return policy, both legal and voluntary, as well as the consumer's liability for improper handling of goods and implicitly the diminution of the value of these products, please read the dedicated section on the site.
GOODS FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED
* 1. In accordance with the legal provisions, products manufactured or made according to the specifications presented by the consumer or to order, products clearly personalized at the express request of the consumer, products that have been expressly adapted/made for the consumer, sealed products that cannot be returned for health protection reasons or for hygiene reasons and that have been unsealed by the consumer, goods that are, after delivery, according to their nature, inseparably mixed with other elements, as well as other categories of products and services are exempt from return.
GUARANTEES
* Details regarding your rights and obligations regarding the warranty as well as the conditions under which the right to the warranty is granted or lost and the conditions for sending products under warranty can be found in the specific section of the website "Product Warranty" as well as in the warranty certificate and/or in the instructions in the user manual that are provided to you on a durable medium upon purchase of the products. We recommend that you comply with the conditions mentioned therein for granting the warranty.
PRIVACY
* 1. CONVERGIS SRL will maintain the confidentiality of any information you provide. The disclosure of the information provided will only be possible under the conditions mentioned in this Document.
* 2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.
INVOICING – PAYMENT
* 1. The prices of Goods and Services displayed on the website www.nestkey.ro include VAT according to the legislation in force.
* The price, payment method and payment term are specified in each Order. The Seller will issue an invoice to the Buyer for the Goods and Services delivered, the Buyer's obligation being to provide all the information necessary for issuing the invoice in accordance with the legislation in force.
3. The Seller will send the Buyer the invoice related to the Order containing Goods and/or Services sold by CONVERGIS SRL.
* For correct communication of the invoice related to the Order, the Buyer is obliged to update the data in his Account whenever necessary and to access the information and documents related to each Order, existing in the Account.
* Through this method of communication, the Buyer, by accessing his Account, will have a record of the invoices issued by CONVERGIS SRL, being able to save and archive them at any time and in any way he wishes.
* By sending the Order, the Buyer expresses his/her agreement to receive invoices in electronic format by adding them by CONVERGIS SRL to his/her Account via electronic mail, to the e-mail address mentioned in his/her Account.
* If this information is unavailable for more than 48 (forty-eight) hours in the Account, please notify us of this issue at the email address: b.paraschiv@convergis.ro
TRANSFER OF OWNERSHIP OF GOODS
* 1. Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning delivery - signing the receipt of the transport document provided by the courier or signing the receipt on the tax invoice in the case of deliveries made by the Seller's staff).
* RESPONSIBILITY
* The Seller cannot be held liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance 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 their loss.
2. By creating and using the Account, the User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his/her Account.
3. By creating the Account and/or using the Content and/or placing Orders, the Client/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing on the date of creating the Account and/or using the content and/or on the date of placing the Order.
* The Seller reserves the right to periodically update and modify the Terms and Conditions of the Site to reflect any changes in the way and conditions of operation of the Site or any changes in legal requirements. The Document is binding on Customers / Users / Buyers from the moment of its display on the Site. In the event of any such changes, we will display the modified version of the Document on the Site, which is why we ask you to periodically check the content of this Document.
INFORMATION ON WASTE ELECTRONIC EQUIPMENT
You have a special role in the reuse, recycling and other forms of recovery of electrical and electronic equipment (WEEE), so we recommend that you inform yourself about the existing handover and collection centers available to you in the area where you live. WEEE is not disposed of as unsorted municipal waste, but is collected selectively, with EEE users having the obligation to collect WEEE separately and not to dispose of WEEE together with unsorted municipal waste. WEEE is harmful and not biodegradable. Do not store WEEE in unattended places (near garbage cans or in other public places). These are not only a danger to the environment, but also lead to improper recovery, which sometimes involves incalculable consequences for human health. Recycle with us!
FORCE MAJEURE
* 1. Neither party shall be liable for failure to perform its contractual obligations if such failure to perform on time and/or properly, in whole or in part, is due to a force majeure event. Force majeure is an unforeseeable event, beyond the control of the parties and which cannot be avoided.
* If, within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the contract without either party being able to claim any other damages from the other.
APPLICABLE LAW – JURISDICTION
The terms and conditions of this site are in accordance with the provisions of GEO 34/2014 on consumer rights in contracts concluded with professionals transposing Directive 2011/83/EU on consumer rights, the European Commission Guidelines (2021/C 525/01) on the interpretation and application of Directive 2011/83/EU, GEO 21/1992 on consumer protection, GEO 140/2021 on certain aspects relating to contracts for the sale of goods (right to guarantees), GEO 99/2000 on the marketing of market products and services, Law 363/2007 on combating unfair commercial practices. These normative acts apply to consumers (natural persons). The provisions of Law 287/2009 on the Civil Code apply to legal persons.
* 2. Any disputes arising between the Seller and Users/Buyers will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts.
For questions, complaints or requests, our support team is here to help you:
• Email: b.paraschiv@convergis.ro
• Phone: +40744538193
• Return address: Str. Daliei, no. 6A, Balotesti, Ilfov
