Terms and Conditions - SE.md

DEFINITIONS AND TERMS

SE.md – is the commercial name of DR PAYMENTS LTD, legal entity, with registered office in 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom, having registration number 14328035.

Seller – SE.md

Buyer - natural person / legal entity or any legal entity that creates an Account on the Site and places an Order.

Client – natural person / legal entity that has or obtains access to the CONTENT, through any means of communication made available by SE.md (electronic, telephone, etc.) or based on an existing user agreement between SE.md and it and which requires the creation and use of an ACCOUNT.

User - any natural/legal person 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.

Nickname – pseudonym by which a certain User/Client/Buyer can add Content to the Site. The nickname is associated with the information on the Site of the User/Client/Buyer under the name "Username".

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.).

Favorites – section of the Account that allows the Buyer / User to create Lists.

List – web page from Favorites where the Buyer/User can add Goods that they consider to be favorites and which, subsequently, they can add to the shopping basket ("my basket").
Lists can be:
- Public: any Customer/Buyer/User can view the Buyer's/User's List if he has shared it on social networks (Facebook, Twitter and Google+) or if he accesses the Buyer's/User's public profile on the Site. The lists are public, and the Buyer/User has the possibility to set them as private at any time, directly from his Account, the Favorites section.
- Private: they can only be viewed by the Account holder. The Buyer/User has the possibility to set them as public at any time, directly from their Account, the Favorites section.

Website - the www.se.md domain and its subdomains.

Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer conveys to the Seller, through the Site, his intention to purchase Goods and Services from the Site.

Goods and Services – any product or service, including the documents 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 exhibiting for commercial purposes, a finite number of Goods and/or Services having a limited and predefined stock, for a limited period of time established by the Seller.

Contract - represents the remote contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

Content
• all information on the Site that can be visited, viewed or otherwise accessed by using an electronic device;
• the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other means of communication available;
• any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
• information related to the Goods and/or Services and/or the rates applied by the Seller in a certain period;
• information related to the Goods and/or Services and/or rates charged by a third party with whom the Seller has concluded partnership contracts, during a certain period;
• data related to the Seller, or other privileged data of the Seller.

Review - an evaluation written by the owner or beneficiary of a product or service, an evaluation based on 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.

Rating – way of expressing the degree of satisfaction of a User/Client/Buyer vis-à-vis a product. The rating is expressed in the form of stars, each product can receive a score from one star to five stars. This degree of satisfaction will always be associated with the review written by the User/Client/Buyer on a product or service.

Comment – assessment or observation with a critical purpose, on the side of a Review or another comment.

Question – the form of addressing other Users/Clients/Buyers in order to obtain information about the products or services from the respective page.

Answer – written information that is sent to the User/Client/Buyer who asked a Question on the Site, on the page of a certain product. The answer is an explanation offered by a User/Client/Buyer to another User/Client/Buyer in a discussion.

Document - these Terms and Conditions.

Newsletter – means of periodic information, exclusively electronic, respectively electronic mail (e-mail, SMS) about the Goods and Services and/or the promotions carried out by the Seller in a certain period, without any commitment from the Seller with reference to the information contained in this.

Transaction - the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by SE.md, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.

Specifications – all the specifications and/or descriptions of the Goods and Services as specified in their description.

2. CONTRACTUAL DOCUMENTS
2.1. 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.

2.2. The notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.

2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If he changes the amount of Goods and/or Services in the Order, he will notify the Buyer at the e-mail address or phone number provided to the Seller when placing the Order and will return the amount paid.

2.4. The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the notification of dispatch of the Order.

2.5. For the Orders to be delivered to SE.md showrooms and delivery points, the prices and reservations of the Goods and/or Services are valid 72 (seventy-two) hours after the Order is registered by the Buyer.

2.6. The document and information made available by the Seller on the Site will form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or one of its suppliers for the purchased Goods.

3. ONLINE SALES POLICY
3.1. Access to place an Order is allowed to any Customer/Buyer.
For justified reasons, SE.md reserves the right to restrict the access of the Client/Buyer in order to place an Order and/or to some of the accepted payment methods, if it considers that based on the behavior or activity of the Client/Buyer on the Site, his actions could harm SE.md in any way. In any of these cases, the Client/Buyer can contact the Customer Relations Department of SE.md, to be informed about the reasons that led to the application of the aforementioned measures.

3.2. Communication with the Seller can be done 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 justifications for this.

3.3 In the case of an unusually high volume of traffic coming from an Internet network, SE.md reserves the right to ask Customers/Buyers to manually enter captcha validation codes, in order to protect the information on the Site.

3.4. SE.md can publish on the Site information about Goods and/or Services and/or promotions practiced by it or by any other third party with which SE.md has concluded partnership contracts, within a certain period of time and within the stock limit available.

3.5. All rates related to the Goods and/or Services presented on the Site are expressed in lei (MDL) and include VAT.

3.6. In the case of online payments, the Seller is not/cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the card issuing bank, in the event that the currency of its issuance differs from MDL. The Buyer is solely responsible for this action.

3.7 All information used to describe the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.

3.8. After 14 (fourteen) days from the purchase of a Good or Service, the Buyer will be requested to register a Review related to the purchased Good or Service. The request will be sent to the email address entered by the Buyer in the Account. In this way, the Buyer contributes to the information of other possible Users/Clients/Buyers on the Site and is actively involved in the development of new Services and in detailing the characteristics of the Goods as completely as possible.

4. ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and/or subcontract to a third party for Services related to the fulfillment of the Order, with the Buyer's information, without his consent being necessary. The Seller will always be responsible to the Buyer for all contractual obligations.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. 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 SE.md, its all rights obtained in this regard directly or indirectly (through licenses for use and/or publication) being reserved.

5.2. The Client/Buyer 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 SE.md, include any Content outside the Site, the removal of signs signifying SE.md's copyright on the Content, as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of SE.md.

5.3. Any Content to which the Client/Buyer 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 SE.md and it, and without any implied or express guarantee from SE.md with reference to that Content.

5.4. The Client/Buyer may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.

5.5. If SE.md grants the Client/Buyer the right to use, in the form described in a separate user agreement, certain content, to which the Client/Buyer has or obtains access following this agreement, this right extends only to to that or those contents defined in the agreement, only during the existence of this 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 SE.md for the respective Client/ Buyer or any other third party who has/obtains access to this transferred content, by any means and who could be or is harmed in any way by this content, during or after the expiration of the user agreement.

5.6. No Content transmitted to the Client or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of SE.md and/or the employee/employee of iS .md that mediated the transfer of Content, if it exists, in relation to that content.

5.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the user agreement that accompanies it, if it exists, is prohibited.

6. ORDER
6.1. The Client/Buyer can place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart, then completing the Order by making payment through one of the expressly indicated methods. Once added to the shopping cart, a Good and/or a Service is available for purchase as long as there is stock available for it. Adding a Good/Service to the shopping cart, without completing the Order, does not result in the registration of an order, implicitly neither does the automatic reservation of the Good/Service.

6.2. By completing the Order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the Order.

6.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.

6.4. The Seller can cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:
6.4.1. non-acceptance by the issuing bank of the Buyer's card, of the transaction, in the case of online payment;
6.4.2. the invalidation of the transaction by the card processor approved by SE.md, in the case of online payment;
6.4.3. the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;

6.5. If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and will return to the Buyer's account the equivalent value of the Good and/or Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.

6.6. According to Law no. 105 of 13.03.2003, if the Buyer requests withdrawal from the Contract within the legal term of 14 days from the moment of receipt of the Good/Service, he must inform the Seller, using the return form here. In this situation, the Buyer will return to the Seller any gifts, accessories and all the documents that accompanied the Good/Service.
The costs for returning the product will be borne by the Buyer.

6.7. If the Order is paid, the Seller will refund the Buyer the value of the Good, within a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of his decision to withdraw from the Contract. The amount will be returned as follows:

6.7.1. for Orders paid by online card -> by refund to the account from which the payment was made;
6.7.2. for Orders paid by Bank Transfer-> by bank transfer;
6.7.3. for Orders paid by consumer credit -> cancellation/recalculation of installment contract.

6.8. The Seller will be able to postpone the refund of the amount until he receives the sold Goods or until he receives a proof according to which they have been shipped, if he has not offered to recover the Goods himself (the most recent date will be taken).

6.9. The Buyer is only responsible for the decrease in the value of the Goods resulting from manipulations, other than those necessary to determine the nature, qualities and functioning of the products.
He is also responsible for returning the product accompanied by the original label, intact, in the original packaging, which contains the product identification code.

7. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED

7.1. The following are excluded from the right of withdrawal from the Contract:
7.1.2. service contracts, after the full performance of the services, if the execution has begun with the prior express consent of the Buyer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal after the full execution of the Contract by the Seller;
7.1.3. the provision of Goods and/or services whose price depends on fluctuations on the financial market that the Seller cannot control and that may occur during the withdrawal period;
7.1.4. the provision of Goods made according to the specifications presented by the Buyer or clearly customized;
7.1.5. supply of Goods that are likely to deteriorate or expire quickly;
7.1.6. the supply of sealed Goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Buyer;
7.1.7. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other elements;
7.1.8. contracts in which the Buyer has specifically requested the Seller to move to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Seller provides services other than those expressly requested by the Buyer or provides Goods other than the spare parts indispensable for the execution of maintenance or repair work, the right of withdrawal applies to those additional Services or Goods ;
7.1.9. providing sealed audio or video recordings or sealed computer programs that have been unsealed after delivery;
7.1.10. the provision of digital content that is not delivered on a physical medium, if the provision has begun with the express prior consent of the Buyer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal.

8. CONFIDENTIALITY

8.1. Information of any nature provided by the Buyer/Client of the Seller will remain the property of the Seller.

8.2. No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.

8.3. By submitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use, in his own interest, these ideas, concepts, know-how or techniques that you have sent to us through the Site. SE.md will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard.

8.4. By registering in the SE.md database, the Client/Buyer gives his express consent, within the limits of the legislation in force, to be contacted by third parties, partners of SE.md: marketing service providers, other service providers; state, government agencies or insurance associations, when the specific legislation provides for this; other companies with which SE.md can develop joint programs for offering goods and/or services on the market, etc.

9. ADVERTISING
9.1. SE.md newsletters are sent through specialized partners approved by SE.md. Thus, the confidentiality and security of the information are ensured.

9.2. When the Customer creates an Account on the Site, he has the opportunity to express his agreement regarding the receipt of Newsletters. The option regarding the agreement issued by the Client can be modified at any time, by contacting SE.md in this regard.

9.3. Opting out of receiving Newsletters by the Client or Buyer can be done at any time using the link specially intended within any Newsletter or by calling the phone number 022 874422;

9.4. Renunciation of receiving Newsletters does not imply renunciation of the acceptance given for this Document.

10. BILLING - PAYMENT

10.1. The prices of the Goods and Services displayed on the website www.se.md include VAT. according to law.

10.2. 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 to issue the invoice in accordance with the legislation in force.

10.3. The Seller will send the Buyer the invoice related to the Order containing Goods and/or Services sold by SE.md, with the exception of Goods and/or Services sold by SE.md partners, as well as for any other payments related to the Order, exclusively in electronic format, by adding invoices in the Buyer's Account or by e-mail, to the e-mail address mentioned by the Buyer in his Account.

10.4. For a correct communication of the invoice related to the Order, the Buyer has the obligation to update his Account data as often as necessary and to access the information and documents related to each Order, existing in the Account.

10.5. Through this method of communication, the Buyer, accessing his Account, will have a record of the invoices issued by SE.md, being able to save and archive them at any time and in any way he wishes.

10.6. By sending the Order, the Buyer expresses his agreement to receive the invoices in electronic format by adding them to the Account by SE.md or via electronic mail, to the e-mail address mentioned in his Account.

10.7. 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: complaints@se.md.

11. DELIVERY

11.1. The Seller undertakes to deliver the Goods by door-to-door courier system to the Buyer or to the SE.md showrooms, according to the Customer's option.

11.2. The seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.

12. WARRANTIES
12.1. All Goods sold by SE.md, with the exception of resealed Goods, benefit from warranty conditions in accordance with the legislation in force and the manufacturers' commercial policies. The goods are new (except resealed goods), in the original packaging and come from sources authorized by each individual manufacturer.

12.2. In the case of Goods sold and delivered by SE.md, the warranty certificates are either issued directly by the manufacturer, if he has a national service network, or are issued by DR PAYMENTS LTD.

12.3. In the case of Goods sold and delivered by SE.md through its partners, the Buyer will receive a warranty certificate with all the details of the service center that provides repairs during the warranty period for each Good that benefits from the guarantee. The guarantee of the Goods purchased through SE.md from the partners is provided by the authorized service mentioned on the guarantee certificate related to the Good or by the Seller.

12.4. For a correct communication of the guarantee certificate related to the Good from the Order, the Buyer is obliged to update his Account data whenever necessary and to access the information and documents related to each Order, existing in the Account.

Through this method of communication, the Buyer, accessing his Account on www.se.md, will have a record of the warranty certificates issued by SE.md, being able to save and archive them in turn at any time and in any way he wants her.
If this information is unavailable for 48 (forty-eight) hours in the client's account, please notify us of this aspect at the email address: office@se.md.

12.6. In the case of warranty certificates issued by manufacturers, the Good claimed to be defective during the warranty period must be presented directly to the nearest service center mentioned in the certificate. This center authorized by the manufacturer will take full responsibility for resolving the warranty.
The lack of the warranty certificate of the Good must be reported within a maximum of 48 (forty-eight) hours from the receipt of the goods to office@se.md. Any subsequent notification will not be taken into account.

12.7. In the case of resealed Goods, the warranty certificate is issued by SE.md, and the warranty may cover a different period compared to the warranty period of the same new, sealed Good. The warranty period is specified in the warranty certificate for each individually resealed Good. The conditions of use, handling and transportation of a resealed Good are the same as those of sealed products and they benefit from the same services if not stipulated otherwise on the product page.

13. TRANSFER OF OWNERSHIP OF GOODS

Ownership of the Goods will be transferred upon delivery, after payment has been made by the Buyer at the location indicated in the Order (understood by delivery - the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the Seller's staff).

14. LIABILITY
The Seller cannot be responsible 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.

15. FORCE MAJEURE
15.1. None of the parties will be responsible for non-execution of its contractual obligations, if such non-execution on time and/or in an appropriate manner, in whole or in part, is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.

15.2. If, within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party will have the right to notify the other party of the full termination of the Contract without any of them being able to claim other damages-interests from the other.

16. DISPUTES
16.1 Any disagreements arising between the contracting parties during the performance of this contract will be resolved amicably.

16.2 If the Buyer/Seller does not reach an amicable agreement, then the disputes will be submitted for resolution to the court of law in the country of the complaint. The decisions of the court will be final and binding for the parties.