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TERMS AND CONDITIONS

Data about the company that owns the site and which operates the Online Store

The online store hosted by https://diskoteka.ro is owned by S.C. CONCERTS 100% LIVE S.R.L., having its headquarters in Stefanestii de Jos, Strada Hortensiei nr. 5, Jud. Ilfov, registered with the Trade Registry under no. J23 / 1314/2018, having CUI: RO 39087852 (hereinafter referred to as the owner of the shop or diskoteka.ro). The online store is operated in accordance with the provisions of these Terms and Conditions, completed completed with the provisions of the law in force.

Applying the Terms and Conditions. Modifying and updating them

Navigating on this site and using the Online Store implies the full acceptance of the Terms and Conditions. The user of the site and / or the Customer declares that he fully understands and agrees to the Terms and Conditions presented below.

Diskoteka.ro reserves the right to modify any information contained in the site’s content and to update at any time whatsoever the Terms and Conditions without prior notice.

Definitions of terms used in the Terms and Conditions

Client – The individual over the age of 18 years or, as the case may be, the legal entity holding an Account, who performs a Purchase Order and consequently acts as buyer as part of the Buyer’s Purchase Contract in electronic form of products that are subject to sale through the Online Store.

Order – An electronic document through which the Customer expresses to the Seller the firm and irrevocable intention of buying the selected products.

Account – The section on the site that includes a valid email address and password that belong to the Customer, which allows him to place the Order. The account contains personal data of the Customer. Upon the creation of the Account, the Client expressly agrees to the processing of his personal data.

Contract – Sale Agreement – Purchase in electronic form concluded between the Seller and the Customer, having the object of the Products shown in the Order and subsequently confirmed by e-mail by the Seller, with the Product Pricing indicated on the site and subsequently confirmed by e-mail by the Seller, paid by the Customer as specified in the Terms and Conditions.

Courier – A company specializing in courier services – Fan Courier.

Newsletter – Information medium, regularly transmitted by the Seller by electronic means (e-mail, sms), regarding the Products and / or promotions / campaigns of the Seller at a certain time, without any commitment of the Seller to the Customer. The newsletter will be sent to the Customers data base, individuals or legal entities that own an account on the site.

Products – Various products, as they are presented on the site at the Shop section, which are the subject of a  placed order by the Customer subsequently accepted by the Seller.

Site – https://diskoteka.ro

User – Any person who visits the site, even if they do not place an Order

Seller – Company CONCERTE 100% LIVE S.R.L., with headquarters in Stefanestii de Jos, Strada Hortensiei nr. 5, Jud. Ilfov, registered with the Trade Registry under no. J23 / 1314/2018, having CUI: RO 39087852.

Online sales policy

The online store is intended for individuals over the age of 18 and domiciled or resident in Romania, as well as for legal entities with headquarters or secondary headquarters in Romania, who require the delivery of the Products on the territory of Romania. Diskoteka.ro reserves the right to select all available products, add or remove certain products, sizes or colors, to create or stop certain ad campaigns at any time, and to make any changes to the price of the products.

Access to the Site and / or the Online Store may be restricted to certain Users or Customers if the Online Store / Site Owner feels that there are reasonable grounds for believing that it is prejudiced by the activity / conduct of that User / Client or that they are infringing the Terms and Conditions, a fraud case is being committed or the law is violated. The User / Customer whose access to the Site or the Online Store was thus restricted may contact the customer service department, as described in the “Contact” section, to be informed of the reasons for the restriction.

Create Account. Provide data

Mandatory Acceptance for Personal Data Processing: In order to place an Order, the User may register and create a password-secured Account by providing a personal, valid email address, and by completing all other required data (name, surname, address).

Selecting Products and adding them to your shopping cart.

After selecting the chosen Product, the Customer must select the “add to cart” option, after which the Product is automatically added to the “Shopping Cart”, whose icon is visible on the top right navigation bar of the page. The customer can always check the Shopping Cart by clicking on the “Check Cart / Checkout” icon, which opens a separate window showing all the Products Selected by the Client.

By selecting the “Go to cart” option, a page will appear in which the Customer will have to enter all the data for the transaction and delivery of the Products by selecting both the delivery method and the payment method.

The accepted payment methods are:

  • Payment by card (several card types accepted)
  • Payment in cash at delivery
  • Payment by bank transfer directly to the Seller account

Finishing the Order is done by clicking on the “Place Order” icon. If the Customer has opted for a payment method other than a cash payment upon delivery, the Customer will have to pay the Goods in the Order by entering all the necessary information for the selected payment method, immediately after the order is completed and placed, otherwise the Order is not considered compliant and will not be processed, and the Customer will have to resume the procedure.

Modifying / Dropping Order to Payment

At any stage of the order, until the payment is made, the Customer may modify and / or abandon an order. An abandoned order will not be processed and will not rise any obligations on behalf of the online store owner.

Canceling the order immediately after placing it and making a payment.

This option may be exercised, under the same terms and conditions, by phone or email, using the contact details shown in the “Contact” section of the Site. Order Cancellation will be confirmed by the Seller by e-mail. An Order canceled following these steps will not rise any obligation of the Seller, as long as the Pricing and Delivery Fees have not been collected by the Seller. In the event of payment of the Purchase Price / Fee, they will be returned to the Customer within 14 (fourteen) days since the confirmation of the order’s cancellation.

Order confirmation procedure

After completing the Order and placing it, the Customer will receive an email (provided in the registration procedure) with the confirmation message of the placed order. The confirmation will include a review of the Products, the price and chosen payment method, as well as the place, manner and delivery costs. Until Order Confirmation, the owner of the online store does not have the obligation of delivery to the Customer.

Although the store owner permanently ensures that all products on the Site, marked as such, are available, there may be exceptional situations (for example, in the case of simultaneous orders, in the case of technical failures in the online store management) when a product might be unavailable so that the order can not be accepted.

In the event of such a situation, the Customer will be informed by e-mail.

Whenever an order can not be accepted, for any reason whatsoever, the Customer will be informed, this being the sole responsibility of the online store owner.

Pricing

The price is set for each Product. The price shown includes VAT (in the quota provided by the laws in force), but does not include the delivery fees, which appear separately.

The price shown in the completed and placed order, as confirmed by the order confirmation e-mail, is the firm price that the Customer is required to pay for the ordered Products. The price shown in the completed, placed and confirmed order will not change, regardless of whether after that moment Diskoteka.ro carries out certain promotional campaigns related to the same Products or changes their price.

Billing and payment

Based on the data provided while Registration, the Online Store Owner will issue the invoice in electronic form to the Customer and will send it to the Customer’s provided email address.  The Customer declares that he or she expressly understands and accepts such a billing method.

Payment can only be made in the manner specified in the ordering procedure, that is:

  • in cash, upon delivery of the package. The payment is made to the Courier’s representative upon receipt of the package containing the ordered Products. It is indicated (but not necessarily) to have an exact amount of cash.
  • card payment / using Netopia payments – MobilPay
  • payment by bank transfer directly to the Seller’s account

Your card / account will only be debited after you have completed and placed your order. For your safety, all transactions are encrypted. At the time the card transaction is approved, the payment amount is immediately blocked on your card / account and will be debited from your account when the seller sends you the confirmation of the order by email. If, for any reason whatsoever, your card / MobilPay transaction fails / is not performed, your order is automatically canceled and the store owner no longer has any obligation towards you. In this case, you will need to resume ordering procedure and provide a valid, accepted payment method as shown in the ordering procedure.

In all cases where payment is made online, bank charges of any kind (transfer, foreign exchange) are your responsibility and are not included in the Pricing / Delivery Fees. For information regarding these commissions, please inform yourself in advance at the bank / provider of the payment instrument or service.

Gift cards or shopping cards are not accepted as forms of payment !

Please take care of phishing emails !

Diskoteka.ro will never ask you to provide bank details, card details or similar information by e-mail or telephone and will not contact you by phone or send you an email indicating another bank account to make a payment or to request payment by postal order or other traditional payment method. If you receive such a request, please contact us immediately by phone or e-mail at the numbers / address shown in the Contact section.

Information on making a payment will only be requested by Diskoteka.ro exceptionally as a result of a request you addressed us or when there is a problem with a placed order. When we ask you for personal data via e-mail, we will always ask you to contact us by phone or email following the data provided in the Contact section prior to sending the required personal information.

If you receive a message asking you (apparently) on our behalf for specific personal data through a link, do not respond, do not follow the request, do not click the link and immediately delete the email because it is a possible phishing e-mail with the purpose of identity theft and / or infecting your computer with a cyber-virus / attack.

Delivery

The delivery of the Products ordered on this Site will be made exclusively on the territory of Romania.

Delivery will be done via Fan Courier.

The delivery charges are those specified in the special box at the time of completion and placement of the Order, as subsequently confirmed by the confirmation e-mail. By completing and placing the Order, you agree to pay these fees together with the Product Price. The delivery charge is applicable for each package or order.

Once you have received your order confirmation by e-mail, it will be delivered by us to the Courier and will be delivered to you by the courier within an estimated time of 4-6 working days from the order confirmation.

When we ship your Order to the Courier, you will receive a notification by e-mail or text message at the address or phone number provided. If, for any reason whatsoever, the delivery time shown above can not be met, you will be contacted by email and informed of the actual delivery time.

For delivery, you will be contacted in advance by the Courier, whom you agree for us to provide your contact information for this sole purpose of delivering the order. Upon receiving the Order you will present a valid ID and sign the AWB / receipt.

If the package is not delivered after two attempts, it will be returned to us, and you will bear the costs and consequences of the return.

The moment of closing the sale. Transfer of ownership and risk

The sale-purchase contract is deemed to be terminated only when the Customer receives by e-mail the Order confirmation from the Seller. The information on the Site does not constitute a pre-contract or other commitment of Diskoteka.ro to the Client.

The transfer of property and risks to Products occurs at the time of delivery of the package subject to full payment of the Price and delivery charges.

Products Return Policy. Right of withdrawal of the Customer from the Contract. Returning the Price and Delivery Fees

The Customer may withdraw from the Contract by unilateral termination without the need to invoke any reason within 15 days of the day of delivery (the day of receipt of the package as mentioned on the AWB / proof of receipt issued by Courier).

If the Customer decides to withdraw from the Contract, the Customer is obliged to notify the Seller no later than the 15th calendar day from the date of delivery of the package (the date of delivery of the package and the day when the deadline is reached, taking into account the 15 days deadline) by sending an e-mail to office@diskoteka.ro.

In the case of withdrawal fulfilling the time and form requirements above, the Customer is obliged to return the Products in the proper condition in which they were received, unmodified, unharmed, clean (but not cleaned / washed) in all cases and by any means undamaged with the intact labels, in the packaging in which they were received, within 3 (three) days from the announcement of the withdrawal decision (the day of the notice of withdrawal and the last day of the 15 days of refunding being taken into account) in one of the following manners :

  • Through the services of a courier, chosen by the Client, at the return address as mentioned on the Site; in this case, the Customer shall bear courier / return fees
  • If sets of Products have been delivered, the entire set has to be returned as it was delivered. If a gift has also been received at delivery, it also must be returned. Any Product must be returned with all its accessories in the proper condition, just like the Product.
  • If the Products are not returned in the proper state, as stated above, the Customer will bear their depreciation, correspondingly diminishing the amount to be returned to the Customer by the Seller. The Customer is responsible for any diminished value of the Products resulting from their improper handling.
  • For Returned Products, it is mandatory to review their status in order to acknowledge to what extent they are compliant. Examination will be made by Seller within 15 (fifteen) days of return and the Customer will be  informed by email during this time regarding any non-conformities of the products that lead to a reduction of the amount to be repaid. Customer agrees to this procedure.
  • Within 15 (fifteen) days from the date of the return of the Products and their accessories in the appropriate condition as outlined in these Terms and Conditions, the Seller will refund to the Customer the Products Price as charged.
  • Repayment of the Customer’s Price for Products will be made in the same way as these sums have been received, except cash payments upon delivery, which will always be refunded to the Customer by bank transfer in the account the Customer is obliged to mention in the notification e-mail of the withdrawal decision.

Guarantees

For the Products delivered, the Seller provides warranty under the law.

Complaints regarding product compliance

Products that are marketed through the Online Store are new and pose no defects.

The customer is required to pay attention to the colors of the Products and to take into consideration the fact that, due to the settings of their own computer / electronic device, certain real colors of the delivered Products may differ from what the Customer’s computer / electronic device displayed at the time of the Order. These differences will not be considered as non-conformities.

If the Products are defective, found within 2 business days of delivery, the Customer may address a complaint sent by e-mail to the address shown in the Contact section or by registered mail with acknowledgment of receipt at address shown in the same section and return the Products, according to the procedure above.

If the Seller ascertains the Customer’s claim as being reasonable, Defective Products will be replaced or, in case of inability to replace, the Customer will be refunded the Products Price together with delivery charges within 15 (fifteen days) from the complaint settlement.

If the claim is found to be unfounded, the Products will be returned to the Customer at its cost without any other obligation on the Seller’s part.

The Customer will be informed by e-mail at the address provided at the registration about the settlement of the complaint and the solution adopted as previously stated.

In the event of the Seller refunding the Price, the stipulations of these Terms and Conditions will apply accordingly.

Liability

Diskoteka.ro liability – In the event of intentional or gross negligence violation of the Terms and Conditions and / or the Agreement, Diskoteka.ro as Seller and Owner of the Online Store will be liable for any losses that are a direct and foreseeable consequence , of this violation.

In any case (excluding liability for damage to a person’s life and / or integrity), the maximum liability to the Client for any loss or damage that occurs regarding a Purchase Order is limited to the total price of that Order.

Diskoteka.ro is not responsible for infecting a Computer / Computer with computer viruses, for cyber attacks of any kind, for loss of User / Client data, or for damage to any hardware or software belonging to the Customer.

Diskoteka.ro is also not responsible for phishing emails or for partner links that may appear at any time on the Site.

User / Client’s liability

The User / Client is responsible for maintaining the confidentiality of his Account data (user / email and password), for managing account access and activity through the Account, as well as for site navigation and partner links. Also, the User / Client is solely responsible for the reality / accuracy / integrity of any and all data provided to the store owner and for any damage caused by not complying with these Terms and Conditions and / or the Agreement.

Intellectual property

All content of the Site, including but not limited to logos, graphic representations, commercial symbols, static / dynamic images, text and / or multimedia content, is the exclusive property of Diskoteka.ro.

The User / the Client is not allowed to copy, reproduce, distribute, publish, transfer, modify, alter, use, create links, expose, include any element of the Site in any material of the User / Client or any third party with any other purpose than concluding / executing a Product Agreement and informing about the Products marketed on the Site without the prior written consent of Diskoteka.ro in this respect.

If the User / Client transfers any information or content (including logos, graphic representations, commercial symbols, static / dynamic images, text and / or multimedia content) to the Online Store Owner, this will not entail any liability for Diskoteka.ro, unless there is a prior written agreement of the parties in this respect.

By accessing these Terms and Conditions, the User / Customer understands and agrees that it is expressly prohibited to use the Site and its content for purposes other than those expressly permitted under the Terms and Conditions.

Product promotion

For the promotion of Products, the store owner may send User / Customer Newsletters directly or through their business partners, with the assurance / observance of the confidentiality of data provided by the User / Client.

The User / Customer has the right to renounce at any time to the originally expressed option, including by using the existing link within a Newsletter, by sending an e-mail or by phone using the data listed in the Site Contact section.

Confidentiality. Processing of personal data

Diskoteka.ro will ensure that User / Customer data provided through Site Navigation, Placement of the Order and Execution of the Contract are kept confidential both by its own employees and by the commercial and empowered partners.

Diskoteka.ro processes personal data provided by Users / Clients in accordance with the stipulations of the Romanian legislation in force.

For details on all these aspects, please refer to the GDPR section.

Major force. The fortuitous case

Neither party shall be liable for the non-performance of its obligations under the Contract or as set out in these Terms and Conditions, if such non-performance in due and / or appropriate manner is wholly or partly due to a major force event or fortuitous event. Major force is the external event, unpredictable, absolutely invisible and inevitable. The fortuitous case is an event that can not be predicted or prevented.

If within 30 (thirty) days of the date of occurrence the major force event or the fortuitous event does not cease, each party shall have the right to notify the other party of the termination of the Contract without any one of them being able to claim the other damages.

Applicable law. Jurisdiction

These Terms and Conditions and the Agreement are subject to the stipulations of Romanian law. In the event of disputes, these will be settled by the competent court at Diskoteka.ro, the User / Customer expressing their agreement as to this choice of competence.

Miscellaneous

If, for any reason whatsoever, any clause in these Terms and Conditions is found to be invalid, unenforceable or invalid, it will be replaced by a valid clause as close as possible to the original clause.

The invalidity / ineffectiveness of a clause / stipulation of these Terms and Conditions and / or the Agreement will not affect the validity / applicability of the other clauses / stipulations that will continue to apply unchanged.