Terms of Use

Welcome to our company website. Naipo Store is the online sale and service store (hereinafter referred to as ‘online store’) of the company ‘Naipo Care Romania SRL,’ which is based in Bucharest, District 2, 20 Ramuri Tei Street, Ground floor, room 5, with CIF: 41844570 and REG.No.  J40/14864/2019, tel. 0743.929.929 and email [email protected] (hereinafter referred to as the “COMPANY.”)

 

The below terms and conditions exclusively cover the sale of products and/or services through the online store of the COMPANY which is located on the website www.naipocare.ro (hereinafter referred to as ‘site’). Any other Terms and Conditions are expressly excluded. Every User who enters and makes a transaction or otherwise utilizes the services of the online store (hereinafter referred to as ‘Client’ or ‘User,’ respectively) is deemed to have granted consent and unconditionally accepted the terms set forth herein, without exception. If a User does not agree with these terms, he must refrain from using the online store and conducting transactions with it. The COMPANY reserves the right to change the terms of use at any time.

 

1. Information & Products

The COMPANY is committed to providing true, accurate, and complete information on its online store with regard to the identity and details of both the COMPANY and its suppliers, as well as the main characteristics of the products that are available through its online store. The COMPANY is not bound by any technical or typographical inaccuracies which may have occurred in error, by omission, or are related to force majeure, and reserves the right to amend them should they be identified.

 

2. Limitation of Liability

The COMPANY fully complies with the provisions of Romanian Law regarding sales as well as European directives for Consumer Protection.

 

The COMPANY, in the context of its transactions from its online store, informs the Customer of availability or non-availability based on the current data and in no case can guarantee availability. In every case, the COMPANY undertakes to inform the customer of the unavailability in a timely manner, in which case does not bear further responsibility.

 

The COMPANY tries to provide high quality service on a daily basis. In good faith, the COMPANY is not responsible for and is not bound by any errors in the features, photos, and prices of products listed on the site and cannot guarantee that errors will not occur for any reason when entering and/or updating the features and/or the price of a product.

 

The COMPANY bears no responsibility for any unauthorized interference by third parties in the products and/or services and/or information available in its online store.

 

The COMPANY does not in any way state that the information contained in the documents and announcements published on this server are appropriate for any purpose. Every such document and related graphic display is provided ‘as is’ without warranty of any kind.

 

The COMPANY bears no responsibility or liability for any losses or non-pecuniary damages resulting from the inability to provide support services.

 

The COMPANY makes every effort to provide high quality services but cannot guarantee there will be no interruptions or errors.

 

3. Responsibility of the User

Every User is free to use the site in accordance to the Law and good morals. The User is solely responsible for the content of transactions. The COMPANY does not exercise any kind of correction or intervention in the data transferred by the User. The User is obliged to fill in the following fields correctly and with precision: name, address, message, etc. in the online contact forms. Use of the site is subject to Cypriot, European and International law and the User agrees not to use the site in a way that violates these laws.

 

In the context of the above, the User agrees and refrains from using the online store for:

 

1. sending, publishing, emailing or transmitting in another way any content that is illegal for any reason, infringes upon and causes harm to the COMPANY or to any third party or breaches the privacy or the confidential information of any individual,
2. sending, publishing, emailing or transmitting in another way any content that violates users’ morals, social values or age appropriateness etc.
3. sending, publishing, emailing or transmitting in another way any content which users do not have the right to publish according to the law or enforced contracts (such as internal information, proprietary and confidential information obtained or disclosed as part of an employment relationship or that are covered in confidentiality agreements).
4. sending, publishing, emailing or transmitting in another way any content which constitutes an infringement on copyright, trademark, trade secret, patent, or other third party property rights.
5. sending, publishing, emailing, or transmitting in another way any content which contains software viruses or other codes, files, or programs designed to interrupt, cause damage, or destroy the operation of any computer software or hardware.
6. intentional or unintentional violation of applicable laws or regulations.
7. harassment of third parties in any way
8. collecting or storing personal data of other users.

 

Additionally, the User agrees that no members, associates, employees, management, shareholders and other associates of the COMPANY are responsible for anything that may arise from the third parties who use the site. Any usage that conflicts with the above will result in termination of services without prior notice, as well as incur possible civil penalties.

 

4. Invoice Policy

The prices of the online store can change at any time without notice. The COMPANY bears no responsibility and does not cover discrepancies in the price of products purchased from the company’s offices with the ‘NAIPO’ brand in Romania, after which point the Customer discovered the existence of a lower price on the online store, or vice versa.

 

In the context of good faith and for your own protection, we request that customers who detect an unusually high or low price for a product in relation to its market value to please refrain from proceeding with their order and instead contact the Customer Service Department on 0743.929.929 or via email at [email protected]

 

5. Copyright and Industrial Property Rights

All content of the online store, including headers, badges, images, graphics, photographs, drawings, text, etc. is the intellectual property of the COMPANY and is protected in accordance with the relevant provisions of Romanian Law, European Law, and international conventions, or is considered third party intellectual property for which the COMPANY has received a license to use for its own exclusive needs and for the operation of its online store.

 

Any copying, transferring, or recreation of derivative content is prohibited, as is the deliberate misleading of the public with regard to the actual provider of the online store. Reproduction, dissemination, transmission, and retransmission of content or any other use of content for commercial or other purposes is permitted only with the prior written consent of the COMPANY or any other copyright holder. In particular, the names, images, logos and identifiable badges which represent the online store with the NAIPO trademark or third parties and their products or services, are the exclusive trademarks of the COMPANY or the third parties, respectively, and are protected by relevant trademark laws. Their appearance on the site should in no way be construed as a transference or assignment of their license or the right to use.

 

6. Links to other websites

The COMPANY does not control the availability, content, privacy policies, quality, and completeness of services of other websites and websites to which it redirects via hyperlinks or advertising banners. Therefore, should any problem arise during their use, the User must directly address it with the respective websites, which bear the relevant responsibility for the provision of their services. The provision of links on the online store is for the User’s convenience, and the COMPANY does not in any way approve, accept or is responsible for the content of each link.

 

7. Declaration of Confidentiality

When the User sends an online request, we use the information he provides to respond to his question electronically. We treat the applications completed by each User as well as all email correspondence as confidential data. We do not share this content with anyone other than the directly involved recipient and, in cases where the law stipulates, only if it is requested of the COMPANY or in cases where the content of the message is considered an affront or an offence to the COMPANY. Such action is necessary for:

 

1. the protection of the rights and property of the COMPANY
2. the protection against misuse or unauthorized use of the site
3. the protection of the personal safety or property of users and the consumer public.

 

However, if the User provides a false email address to the COMPANY or attempts use someone else’s identity to send information online, all the information – as well as the IP address – will be subject to any subsequent investigation. The people of the COMPANY may need to edit the User’s email in collaboration with the technical department. Additionally, if any User requests to contact a relevant employee from the service department for assistance with his email, then this employee will be able to access the entire range of information that is relevant to the User’s request, including the User’s email address and messages.

 

The COMPANY bears no responsibility for the security of other websites or the way in which they manage their online visitors.

 

8. Update on NEWSLETTER/SMS Distribution

The company Naipo Care Romania SRL (Bucharest, District 2, 20 Ramuri Tei Street, Ground floor, room 5, T. 0743.929.929, [email protected]), as Data Controller, requests your consent to send informational/marketing materials (newsletter) to your email as well as text messages (SMS) about offers and new services. Your email and personal cell phone number will be used only by Naipo and will not be disclosed to third parties, even if the newsletter/SMS includes third party products and/or services, with which the COMPANY maintains commercial cooperation. Your consent is given by registering or renewing your preferences, and these will be adhered to for as long as the COMPANY sends you the newsletter/SMS, and for up to six months after termination of its distribution. You can withdraw your consent at any time by clicking on the link found at the bottom of each newsletter which reads ‘Should you no longer wish to receive this email, you may unsubscribe here’ or by calling 0743.929.929. You have the right to access, amend, delete, transfer, restrict, revoke/recall your consent, by sending an email to [email protected] . If you believe that the processing of your personal data violates the data protection law, you can file a complaint with the Personal Data Protection Authority. For any questions you may have about the processing of your personal data and the exercising of your rights, you may contact us at Bucharest, District 2, 20 Ramuri Tei Street, Ground floor, room 5, T. 0743.929.929, [email protected].

 

 

Terms & Conditions of Purchase

 

1. Scope of Application

 

The present Terms and Conditions apply to any sale of products or services sold by the company under the trade name “Naipo Romania”, headquartered in Bucharest, District 2, 20 Ramuri Tei Street, Ground floor, room 5, CIF: 41844570 and REG.No.  J40/14864/2019 via its e-shop www.naipocare.ro (hereinafter referred to as “e-shop”).

 

2. Order: Placement and Acceptance

 

2.1. Placing an online order – Proposal for purchase of products

 

Your online order is placed once you fill in and submit the special Order Form available at our e-shop “Shop”. Prior to placing the order (checkout), the Customer must read and agree to the Terms of Use by clicking on “I have read and agreed to the Terms”. By doing so, the Customer expressly and unreservedly declares that before placing his/ her order, he/ she has received in a clear and understandable manner the following information:

 

1. The main characteristics of the products and/ or services ordered, as set out in the e-shop’s pages. The Customer must check all relevant features prior to placing his/ her order, so as not to have any doubt about the characteristics and properties of the ordered products and/ or services. The COMPANY cannot be held liable in the event that the Customer fails to be adequately informed of the aforementioned.

 

1. The corporate identity, address, telephone number, fax number and e-mail address of the COMPANY as well as of the supplier of the ordered products and/ or services.

 

iii. The total price of the products or services of the order, inclusive of VAT, any other charge and all additional shipping, delivery or postal charges as well as any other costs. When these charges cannot be reasonably calculated in advance, the fact that such additional charges may be payable is made known to the Customer in the order text (order form) and the Customer must read this text in order to be fully aware of any costs before placing the order. Additional charges or other costs that were not disclosed to the Customer before placing his/ her order or in the event they could not be calculated at the time of placing the order and were not notified to the Customer by phone prior to confirmation of receipt of the order, then they shall not be borne by the Customer without his/ her prior express consent. In particular, the listed prices of products and/ or services as set out in the e-shop are the final ones (including the relevant VAT). The above mentioned final prices of each product in the e-shop do not include shipping costs, which are calculated and indicated in the order text based on the shipping method.

 

1. The cost of using the means of distance communication for the conclusion of the contract where the cost is calculated other than at the basic rate.

 

1. The means of payment, delivery, performance, time by which the COMPANY undertakes to deliver the products or provides the services.

 

1. Any restrictions when it comes to delivery and means of payment.

 

vii. The conditions, exceptions, deadlines and procedures for exercising the right of withdrawal as well as  the fact that the Customer will have to bear the cost of returning the products to the COMPANY in case of withdrawal.

 

viii. In the event that the Customer exercises the right of withdrawal after having used the product/ service, he/ she will have to pay a reasonable cost to the COMPANY.

 

1. Where a right of withdrawal is not provided for in accordance with the Law, the information that the Customer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the Customer loses the right of withdrawal.

 

2000. The existence of the COMPANY’s liability for the actual defects or the lack of agreed qualities according to L. 7(Ι)/2000.

 

1. Where applicable, the existence and the conditions of after-sales customer assistance, after-sales services and commercial guarantees.

 

xii. The duration of the contract, where applicable, or if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract.

 

xiii. Where applicable, the minimum duration of the Customer’s obligations under the contract.

 

xiv. Where applicable, the existence and the conditions of deposits or other financial guarantees (e.g. advance payment in case of pre-order, ect.) to be paid or provided by the Customer at the request of the COMPANY.

 

1. Where applicable, any relevant interoperability of digital content with hardware and software that the COMPANY is aware of or can reasonably be expected to have been aware of.

 

xvi. Where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism to which the COMPANY is subject, and the methods for having access to it.

 

xvii. The obligation to pay upon placing the order.

Sending the order for approval to the COMPANY is a declaration of acknowledgement and consent to all charges that are included in the order. Any lack of consent shall mean that the Customer is entitled to a refund of this payment.

 

2.2. Order Confirmation – Contract of Sale

 

The order is not binding on the COMPANY, prior to the Customer receiving an order confirmation from the COMPANY, as described below.

 

The order is deemed to have been received by the COMPANY from the moment the Customer receives a relevant order status update. Updates on the order status are displayed on the User’s screen and sent by email to the email address submitted by the User/ Customer. The status of the order is updated by email. The Customer must check his/ her order and immediately notify the COMPANY (no later than 2 hours from the time of receipt of the electronic notice) in writing of any errors; otherwise the information mentioned in the e-mail will be applied to the Contract of Sale.

 

During the processing of each registered order, the availability of stock of the products of the order is confirmed. In case the availability or delivery time differs from the one indicated on the product page, the Customer will be informed accordingly. Once the COMPANY verifies the availability of the product and the lack of any errors in the e-shop regarding the pricing or the price of the product, their characteristics, etc., it will confirm the order by email. The above email will explicitly confirm the content the total price of the order, as it became known to the Customer before placing the order. The order is considered binding and the contract of sale is deemed to have been concluded and be legally binding on both parties (Customer – COMPANY) only by sending and receiving the above e-mail with the indication “New Order”.

 

The Customer is obliged to check the status of his/ her order and to immediately inform the COMPANY in writing of any errors in the order, otherwise the information mentioned in the confirmation of the order will be applied to the Contract of Sale.

 

The Customer also has the possibility to trace the status of the order, either by phone 0743.929.929, or by e-mail ([email protected]).

 

Limitations of Liability:

 

In the context of good faith and business ethics, the COMPANY is not obliged to accept an order and conclude the sale of products and/ or services which, due to typographical or computer error, appear in the e-shop with an incorrect price, i.e. less or greater than the one applicable for that period. If such an error in the order price is found only in part of the ordered products, then the order is valid and normally executed for the other products and is considered incomplete for the products in which the error was found, unless the items in the order are relevant, are to be used as a whole and act as a unit and the Customer states that the partial delivery of the order does not serve his/ her needs or interests, and therefore the COMPANY shall cancel the entire order.

 

In case of incorrect shipment of unsolicited products or services, their unconditional receipt or failure to inform the COMPANY and return the products cannot be considered as consent, acceptance or declaration of intent to purchase them. If the COMPANY asks the Customer to return the products and he/ she fails to return these products within seven (7) working days, then such refusal constitutes a declaration of intent to purchase the products and the order is deemed to have been confirmed and the Customer must pay their value.

 

4. Availability of products

 

The Customer is informed about the availability of products through indications displayed on the page of each product or service in the e-shop.  The COMPANY reserves the right to sell its products if they are not available at the time of the order. In this case, the COMPANY reserves the right not to accept the order and therefore not to go through with the sale. Any payments will be refunded to the Customer without undue delay, in the same way that the Customer has chosen to pay for his/ her order.

 

4. Delivery of Order

 

4.1. Place of Delivery

 

Shipping Methods

 

The Customer must present his/ her ID and the credit card with which the purchase was made when picking up the order or upon delivery.

 

Delivery to a place specified by the Customer: In case the order is to be shipped to an address chosen by the Customer, the product(s) will be delivered to a third party contractor-courier and the Customer is notified electronically. Shipping costs are calculated based on the Customer’s order. The COMPANY cannot be held liable for any errors on behalf of the Customer resulting in the incorrect calculation of shipping costs and these costs to be borne by the Customer.  To pick up the order, the Customer must present to the third party contractor-carrier the confirmation of the order (order code) and the conformation of receipt, as well as an official identification document (such as an ID or passport).  If the Customer wishes to authorise a third party to collect his/ her order, then this third party must have with him/ her a document authorising  him/ her to pick up the order as well as an official identification document (such as an ID or passport). Given that upon receipt of the product(s), the risk is transferred to the Customer, the latter must verify upon receipt that he/ she has correctly collected the products included in his/ her order. If the Customer does not collect the product(s) after having received the notice for shipment and despite the relevant notification from the courier, the COMPANY reserves the right to withdraw from the sale.

 

4.2. Delivery Time

 

The delivery time of the sold products and services is determined in the order depending on the availability. It is stated in the confirmation of the order by the COMPANY and it is at most fifteen (15) days from the time of sale, unless otherwise agreed by the parties, which is confirmed in writing by e-mail.

 

Force majeure:

 

The COMPANY cannot be held accountable for any delays in the execution of the order (including delivery) due to events that cannot be attributed to the Company’s fault or due to force majeure and therefore the COMPANY is entitled to extend the time of execution of the order. Indicative examples include strikes, terrorist acts, war, supplier/ transfer/ manufacturing issues, exchange rate fluctuations, government or legislative acts and natural disasters. If such incidents occur and last for more than two (2) months, the contract of sale may be terminated by any party without compensation.  If the Customers deems that he/ she is no longer interested in the execution of the order, he/ she is entitled to terminate the contract of sale and the COMPANY is obliged to refund the amount paid for the product(s) as well as any other amount paid under the contract of sale.

 

5. Payment

 

All products, even delivered products, shall remain the property of the COMPANY until they have been fully paid for.

 

6. Right of withdrawal from distance contracts (off-premises purchases, e.g. online purchases, by phone or mail order etc.)

 

The Customer has the right to return online purchases within 15 days of receiving them. The Customer shall only be liable for any diminished value of the product(s) resulting from the handling of the product(s) other than what is necessary to establish the nature, characteristics and the functioning of the product(s). If the COMPANY has not adequately informed the Customer about the right of withdrawal, the withdrawal period is extended for one year.

 

The Customer can return the product(s) directly to the COMPANY’s office in Bucharest, District 2, 20 Ramuri Tei Street, Ground floor, room 5 . In any event, for online orders the Customer may, prior to retuning the product(s), contact the Customer Service Department of the COMPANY either by phone (0743.929.929) or by email ([email protected] ). In particular, the Customer has the right to return any product purchased from the e-shop without stating the reasons, under the following terms and conditions.

 

(a) The Customer has the right to withdraw from the sale (hereinafter referred to as “Withdrawal”) within fifteen (15) working days from purchasing the product(s) and in case of many products ordered by the Customer with one order and delivered separately from the time of receipt of the last item.

 

(b) If the Withdrawal is unjustified, the Customer shall return the product(s) in the exact same condition that he/ she has received it/ them. In particular, the returned product(s) must not have been used, must be in excellent condition (“as new”) and must be returned in its original packaging (box, nylon etc,) which mustn’t be torn or damaged, while all the contents of the original packaging (instructions for use, characteristics and warranties, cables etc.) must be included. Additionally, in order to accept the return of the product(s), the original purchase receipt (retail receipt, invoice) must be presented by the person who originally purchased the product(s) and whose details are shown on the purchase receipt.

 

(c) The return of the item is accepted only if the Customer has previously paid any amount charged by the COMPANY for the shipment of the product(s) to him/ her and the shipping costs for its return.

 

(d) The Customer has the obligation to return the product(s) within fifteen (15) days to the COMPANY, unless otherwise agreed between the two parties.

 

(e) The COMPANY shall reimburse all payments received from the Customer, including the costs of delivery without undue delay and in any event not later than 15 days from the day on which the COMPANY is informed of the Customer’s decision to withdraw from the contract.

 

(f) The COMPANY shall not be required to reimburse any supplementary costs, unless the Customer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the COMPANY.

 

(g) The Customer is liable to compensate the COMPANY if he/ she has used the product(s) to an extent more than necessary to establish the nature, characteristics and the functioning of the product(s) in the period until the declaration of Withdrawal. The COMPANY is entitled to agree with the Customer its compensation even by offsetting. In case the Withdrawal concerns the provision of services, the Customer must pay an amount proportional to the services provided until the declaration of Withdrawal. If the Customer exercises the right of Withdrawal, any concluded contracts expire automatically at no cost to the Customer.

 

7. The Law on Certain Aspects of the Sale of Consumer Goods and Associated Guarantees

 

7.1. Legal Guarantee

 

According to the Romanian Law (EU harmonized) the Customers has the right to a minimum 2-year guarantee at no cost for new products whether these products were purchased online or at a store. The manufacturer or the COMPANY shall repair or replace the products free of charge within this 2-year period.

 

If a product purchased by a Customer within the EU proves to be defective, or does not correspond to the description/ characteristics, or does not meet the specifications of the advertisement, or does not have the qualities and performance that products of this type usually have, then the seller shall:

 

• Repair the product
• Replace the product
• Give the Customer a price reduction
• Cancel the contract and refund the Customer.

 

Any fault that appears within 6 months shall be presumed to have existed at the time of delivery and the Customer shall inform the COMPANY. After 6 months, the Customer must prove that the defect existed when his/ her product was delivered.

 

Warranty Limitations:

 

The present warranty does not cover wear and tear. Nor is it valid if:

 

• The defect was caused due to the fact that the product has been subject to use in a manner not conforming to the instructions of the manufacturer, abuse, expose to humidity or extreme weather or environmental conditions, or sudden changes in such conditions, corrosion, rusting, non-authorised conditions or connections, non-authorised opening or repair, repair with the use of non-authorised spare parts, misuse, unsuitable installation, accident, natural phenomena, which are beyond the reasonable control of the COMPANY (including but not limited to defects in the department of consumable parts such as batteries, which as a rule have a limited life) unless the defect was caused directly because of the use of defective materials, designs or workmanship.

 

• The product serial number, identifying date code, or IMEI number have been removed, defaced or altered or are illegible.

 

• The defect was caused by a defective network operation.

 

• The defect was caused by the fact that the product was used or connected to an accessory (i.e. a computer) not compatible to the technical specifications of the appliance.

 

• The product has not been checked by the technical department of the COMPANY to establish and verify the defect of the appliance.

 

This limited warranty shall be valid only if the client presents the original product purchase receipt and delivers the product to the COMPANY.

 

Personal data liability:

 

The COMPANY cannot be held accountable in any way for any complete or partial loss of personal data during the repair of the appliance. The exclusive liability for saving personal data in any electronic appliance burdens solely the lawful User of the product. Additionally, the COMPANY cannot be held accountable in any way for the partial or complete loss of data, which may be due to a defect of the electronic appliance, whether this was due to a manufacturing fault (in which case it is included in the warranty), or due to the User’s fault (in which case it is excluded from the warranty).

In case the Customer does not collect the items he/ she has brought in for repair within three (3) months, then the COMPANY shall not be liable for their safe keeping.

 

7.2. Commercial Warranty (Manufacturer’s Warranty)

 

The products of the COMPANY are covered by a warranty either by the manufacturer or by the official representative in Romania or in the EU.

 

8. Final Provisions

 

Contracts concluded via the e-shop are governed by EU and Romania law, in particular by legislation governing matters relating to e-commerce, distance sales and consumer protection. Similarly, the site has been created and is controlled by the COMPANY in Romania and the Romanian Legislation governs the use of the site and its interpretation. If the User chooses to access the site from another country, he/ she is responsible for following the Legislation applicable in that country.

The Romanian Courts have jurisdiction over any dispute that may arise from the contractual relationship between the COMPANY and the Customer and are competent for its resolution. For the out-of-court settlement of the dispute, the Customer may address the competent bodies for out-of-court settlement of consumer disputes.

 

The protection provided by the provisions of the law on distance contracts, as well as the present terms, emphasise that it applies only to natural persons who are acting outside their trade, craft, business or profession.

 

If any part of the contract of sale under these terms proves void or inapplicable by a court judgement, the rest of the contract shall continue to apply. The COMPANY may enter into an agreement for the assignment of its obligations to an appropriate third party. Contrarily, the Customer shall not be entitled to assign or transfer his/ her rights or obligations.

 

All notices must be made in writing (by hand, e-mail, fax or first-class mail which will be considered delivered 48 hours after its posting).