Terms and Conditions
1. GENERAL RULES
1.1. The website www.cigarmaster.ro represents an e-commerce platform ("Virtual Store") owned and managed by the company ........., a limited liability company, with its registered office in ........., registered in the Trade Register under no. ............, unique registration code........... ("the Company").
1.2. This set of terms and conditions ("Terms and Conditions") defines any contract under which the Company transfers or undertakes to transfer ownership of products to the Buyer, and the Buyer pays or undertakes to pay their price, including any contract whose object is both products and services offered through this Virtual Store.
1.3. USE OF THE VIRTUAL STORE IS PROHIBITED FOR PERSONS UNDER 18 YEARS OF AGE.
1.4. The information presented on the Virtual Store may not be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or material without the prior written permission of the Company.
2. DEFINITIONS
2.1. In this document, except where terms are defined in the Terms and Conditions, or unless the context otherwise requires, capitalized terms shall have the following meanings:
Order - means the legal act by which the Buyer requests, through the Virtual Store, the Seller to deliver the ordered products, the Buyer agreeing to pay their value and/or any associated delivery costs.
Contract - means the sales contract concluded between the Buyer and the Seller, following the Seller's confirmation of the Order placed by the Buyer.
Buyer - means any natural or legal person who places an Order through the Virtual Store.
Product - means the good available in the Virtual Store to be supplied to the Buyer as a result of the Contract concluded between the Seller and the Buyer.
Seller or Company - means cigarmaster.ro
3. ACCEPTANCE OF TERMS AND CONDITIONS
3.1. Use of the Virtual Store implies acceptance of these Terms and Conditions.
3.2. BY CHECKING THE BOX "I ACCEPT THE TERMS AND CONDITIONS" THE BUYER EXPRESSLY AGREES TO COMPLY WITH ALL CLAUSES IN THIS SET OF TERMS AND CONDITIONS, AS WELL AS ANY OTHER SPECIFIC APPLICABLE TERMS AND CONDITIONS INDICATED IN THE VIRTUAL STORE.
3.3. AT THE SAME TIME, BY PLACING AN ORDER THROUGH THE VIRTUAL STORE, YOU AGREE THAT THIS IMPLIES A DIRECT OBLIGATION TO PAY THE SELLER THE VALUE OF THE ORDERED PRODUCTS, AS WELL AS ANY SHIPPING FEES.
3.4. IF YOU DO NOT AGREE WITH THE PROVISIONS OF THIS SET OF TERMS AND CONDITIONS OR, WHERE APPLICABLE, THE UPDATED PROVISIONS OF THE TERMS AND CONDITIONS, PLEASE CEASE USING THE VIRTUAL STORE.
4. PRODUCT INFORMATION
4.1. Products sold through the Virtual Store are new and are accompanied by an invoice upon delivery, in accordance with applicable law.
4.2. The Seller may publish in the Virtual Store information about Products and/or promotions practiced by it for a certain period of time and within the limits of available stock. All information used to describe the available Products (static/dynamic images/multimedia presentations/etc.) does not represent a contractual obligation on the part of the Seller, being used exclusively for presentation purposes.
4.3. Products are offered under the specified conditions and within the limits of available stock. The Seller reserves the right not to honor a specific Order if the respective Product is no longer in stock or cannot be delivered for other reasons beyond the Seller's control.
4.4. The Seller is not responsible for possible differences between the actual appearance of the Products (color, size, shape) and that which may appear on the device used by the Buyer to access the Virtual Store.
5. PRICE INFORMATION
5.1. Prices displayed in the Virtual Store are expressed in Lei and include VAT according to law.
5.2. The Seller reserves the right to modify the price of the Products without prior notice. However, the Seller guarantees that the value of the Order placed by the Buyer will not change after its confirmation by e-mail to the address specified by the Buyer.
5.3. The final price to be paid by the Buyer consists of the price of the Product, plus the associated shipping costs. Information regarding shipping costs is detailed in Section 8 (Delivery).
5.4. The costs of using remote communication means for concluding the Contract shall be borne by the Buyer.
6. ORDER
6.1. When you visit the Virtual Store and place an order or send us an email, a remote communication takes place through electronic means.
6.2. When an Order is placed through the Virtual Store, the Buyer will be asked to expressly accept these Terms and Conditions. The individual Buyer must be at least 18 years old to validly conclude a Contract. Prior to accepting a placed Order, the Company may request additional information from the individual Buyer to verify that the age conditions are met.
6.3. The Order placed by the Buyer represents an offer made to the Seller to purchase a Product displayed as available in the Virtual Store. The acceptance of the order by the Seller is considered final when there is a confirmation from the Seller to the Buyer that the Order has been verified and is about to enter the delivery process. The Contract is considered concluded only when the Seller sends the confirmation of the Order acceptance to the email address provided by the Buyer.
6.4. The Seller will inform the Buyer if, due to circumstances beyond the Seller's reasonable control, an ordered Product is unavailable or cannot be delivered within the estimated timeframe indicated. The Seller will refund any amounts paid in advance by the Buyer for Orders that have not been accepted by the Seller or for Products that are not available and/or cannot be delivered, at the latest within the deadlines indicated in Section 8.9 below.
7. PAYMENT METHODS
7.1. Payment for ordered Products can be made by:
a) online with a card;
b) cash on delivery.
7.2. In the case of online card payments, the Seller is not liable for any other additional costs borne by the Buyer and established by the issuing bank of the card used by the Buyer, including but not limited to payment or currency conversion fees applied.
8. DELIVERY
8.1. Delivery is made by express courier, to the address indicated by the Buyer. The Seller delivers ordered Products only within the territory of Romania.
8.2. If the Buyer has opted for online payment, the Seller reserves the right to delay/refuse a delivery until the amounts due for the placed Order are reflected in the Seller's accounts.
8.3. Shipping costs are indicated in the section of the Virtual Store related to the completion of the Order.
8.4. The risk of loss or damage to the products is transferred to the Buyer when the Buyer or a third party designated by the Buyer, other than the carrier, takes physical possession of the ordered Products.
8.5. The Seller is the person who chooses the carrier. The Seller reserves the right not to honor Orders in which the Buyer explicitly indicates that they wish delivery to be made by another means of delivery.
8.6. After two unsuccessful delivery attempts, made by the courier companies designated to deliver the Order, the Order will be considered cancelled, and the Contract will be terminated.
8.7. The Seller reserves the right not to accept and ship orders to Buyers whose fault has led to 2 (two) or more previously placed Orders not being successfully delivered.
8.8. Delivery of ordered Products will be made within [3 business days] from the Order confirmation or within another term expressly specified in the Order confirmation notice.
8.9. If the delivery of ordered Products does not occur within the specified term, the Buyer has the right to request that delivery be made within an additional term. If the ordered Products are not delivered within the additional term indicated by the Buyer, the Buyer has the right to request the termination of the Contract, provided that the termination notice is sent in writing to the Seller before the delivery of the ordered Products has begun. In this case, the Seller will refund without undue delay all sums paid, namely:
a) in the case of a legal entity Buyer, within a maximum of 30 days from the date on which the Buyer communicated to the Seller the decision to terminate the Contract;
b) in the case of an individual Buyer, within a maximum of 7 days from the date on which the Buyer communicated to the Seller the decision to terminate the Contract.
8.10 The cost of delivery is 19.99 lei (VAT included) and applies to orders not exceeding 299.99 lei (VAT included). For orders over 299.99 lei (VAT included), shipping is free.
8.11 The Seller may refuse delivery and cancel orders that do not exceed the minimum value of 200 lei including VAT.
9. LEGAL WARRANTY OF CONFORMITY (APPLICABLE TO PRODUCTS SOLD TO NATURAL PERSONS)
9.1. Products sold through the Virtual Store are new and come from sources authorized by each manufacturer.
9.2. All Products sold through the Virtual Store benefit from warranty conditions of conformity in accordance with current legislation and, where applicable, commercial policies established by manufacturers.
9.3. The Buyer will receive upon delivery, for each Product benefiting from a warranty, a warranty certificate with all details regarding the remedy of related deficiencies.
9.4. The absence of the Product's warranty certificate must be reported within a maximum of 48 (forty-eight) hours from the receipt of the Product. Any subsequent notification will not be taken into consideration.
9.5. Non-conformity cannot be invoked when it is caused by incorrect use of the Product by the Buyer or by normal wear and tear of the Product.
10. RIGHT OF WITHDRAWAL
10.1. Individual Buyers benefit from a period of 14 days to withdraw from the Contract, without being required to justify the decision to withdraw and without incurring any costs other than those provided by law, namely:
a) additional delivery costs, if the Buyer has explicitly chosen a different type of delivery than the standard delivery offered by the Seller; and
b) direct costs related to the return of the Products.
10.2. Withdrawal from the Contract implies the partial or total termination of the Contract, proportional to the quantity of Products that the Buyer no longer wishes to purchase.
10.3. The withdrawal period will expire within 14 days calculated from:
a) the date on which the Buyer, or a third party designated by him, other than the carrier, takes physical possession of the Products; or
(i) in the case where the Buyer orders multiple products with a single Order that will be delivered separately, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, takes physical possession of the last product;
(ii) in the case of delivery of a Product consisting of multiple lots or pieces, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, takes physical possession of the last product or the last piece;
(iii) in the case of contracts for the regular delivery of products over a defined period, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, takes physical possession of the first product.
10.4. To exercise the right of withdrawal, the Buyer must inform the Seller of the decision to withdraw, using an unequivocal statement, for example, a letter sent by post to the address: .................., or by e-mail to the e-mail address: office@cigarmaster.ro. For this purpose, the Buyer may use the withdrawal form here - however, the use of this model is NOT mandatory.
10.5. The Seller will reimburse all amounts received as payment from the Buyer, including, where applicable, delivery costs, without undue delay and, in any event, no later than 14 days from the date on which the Seller is informed of the decision to withdraw from the Contract. The reimbursement of amounts will be made using the same payment methods as those used by the Buyer for the initial transaction, unless the Buyer agrees to the payment method proposed by the Seller. In this regard, the Seller will generally reimburse the corresponding amounts by bank transfer to the IBAN account indicated by the Buyer in the withdrawal statement from the Contract.
10.6. The Seller may postpone the return of sums to the Buyer until the date on which the Seller receives the Products back, or until the Seller receives proof that the Products have been sent back, whichever date is earlier.
10.7. The Buyer will bear the direct cost of returning the Products in respect of which they exercise the right of withdrawal.
10.8. According to the law, the Buyer is responsible for any diminished value of the returned Products resulting from the handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
10.9. The following are exceptions to the right of withdrawal from the Contract:
a) the supply of Products whose price depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;
b) the supply of Products made to the Buyer's specifications or clearly personalized;
c) the supply of Products that are liable to deteriorate or expire rapidly;
d) the supply of sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed by the Buyer (such as cigarettes, cigars, alcoholic beverages, etc.);
e) the supply of excisable products marked with stamps, bands, or any other specific marking applied according to legal provisions, whose markings have been destroyed or damaged by the Buyer;
f) the supply of Products which are, after delivery, according to their nature, inseparably mixed with other items;
g) the supply of alcoholic beverages whose price was agreed at the time of the conclusion of the Contract, whose delivery cannot be carried out before 30 (thirty) days and whose real value depends on fluctuations in the market which the Seller cannot control.
10.10. In the case of the Products mentioned in Section 10.7 above, the Seller will not grant the right of withdrawal, and the Buyer will bear any costs for re-sending these Products to the Buyer.
11. RIGHT OF RETURN
11.1. Without prejudice to the right of withdrawal from the Contract as per the previous section, the Buyer also has the right to return the Products, partially or totally, and will bear all costs for the return of the Products. Products can be returned within 14 days of their receipt.
11.2. To exercise the right of return, the Buyer must send the completed return form to the Seller within the period indicated in Section 11.1, along with the relevant Product, to the address ..........................
11.3. The Product must be returned in the same condition in which it was delivered, with all accessories, complete documentation, with intact labels or an intact fiscal stamp.
11.4. Also, if the returned Product shows signs of wear, consumption, use, scratches, dents, shocks, missing accessories or documentation, the Seller reserves the right to:
a) Refuse to proceed with the return of the Product; or
b) Accept the return and withhold an amount from the Price paid by the Buyer, proportional to the decrease in the value of the Product caused by the Buyer.
11.5. If the return was refused for one of the reasons listed above, the return shipping to the Buyer will be at the Buyer's expense.
11.6. The reimbursement of the value of the returned Products will be made by bank transfer within 30 working days from the confirmation of receipt and verification of the integrity of the Product. Payment will be made to the IBAN account indicated by the Buyer in the return form.
12. SPECIAL PROVISIONS APPLICABLE TO LEGAL ENTITY BUYERS
12.1. Except for the provisions of this set of Terms and Conditions that expressly apply to consumer Buyers, according to applicable law, all other provisions apply accordingly to legal entity Buyers.
12.2. The legal entity Buyer has the obligation to provide correct and complete data in the Order placement process.
12.3. The legal entity Buyer shall provide at least the following data: company name, registration number in the Trade Register, VAT registration code or fiscal identification code, registered office, delivery address, contact phone number and the name/surname of the representative/contact person.
12.4. Orders with a value greater than 5,000 Lei can only be honored if the Buyer accepts online payment by card.
13. LIMITATION OF LIABILITY
13.1. The delivery of the ordered Products may be delayed if delivery cannot be made on time for reasons not reasonably attributable to the Seller, such as: fires, explosions, floods, extreme weather conditions, strikes, lack of Products in manufacturers' stock, production stoppage, as well as any other situation that can be legally interpreted as a situation qualified as a cause for exemption from liability according to the Civil Code.
13.2. If within 15 (fifteen) days from its occurrence, the event does not cease, each party shall have the right to notify the other party of the termination of the Contract by operation of law, the Seller being thus exempt from liability for non-performance of the Contract.
13.3. The Seller does not guarantee that the Virtual Store, the servers on which it is hosted, or the emails sent are free of viruses or other potentially harmful computer components, that it does not contain errors, omissions, defects, delays or interruptions in operation or transmission, line failures or any other similar factors. The Buyer uses the Virtual Store at their own risk, the Seller being, to the extent permitted by applicable law, exempt from any liability for any direct or indirect damages caused by the use or access/visit of the Virtual Store or as a result of using the information on it. The Seller is not responsible for errors or omissions that may occur in the drafting or presentation of materials within the Virtual Store.
13.4. The Buyer expressly agrees that the use of the Virtual Store and the purchase of Products are at their own risk. The Seller cannot be held responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations arising from or in connection with the Contract and/or arising from the use of the Products after delivery and, in particular, for their loss. This clause does not affect any rights/remedies available to consumers for damages caused by defective products.
14. FRAUD
14.1. Any attempt to access the personal data of another user, to modify the content of the Virtual Store or to affect the performance of the server on which it runs, will be considered an attempt at fraud and will be punishable according to the Romanian law in force by the competent authorities.
15. APPLICABLE LAW AND DISPUTES
15.1. The law applicable to Contracts concluded through the Virtual Store is the Romanian law in force on the date of conclusion of the Contract.
15.2. Any dispute arising between the Seller and the Buyer will be resolved amicably. If amicable settlement of the dispute is not possible or either party has waived this remedy, its resolution will be deferred to the competent courts according to common law at the Seller's registered office. In the case of disputes with a Buyer qualified as a consumer, the resolution of disputes will be deferred to the competent court according to common law.
16. CONTACT
16.1. The Company can be contacted using the contact details mentioned in the Contact Section.
16.2. Unless the Buyer communicates any change, notifications will be sent using the contact details provided by the Buyer at the time of placing the Order or at the time of creating the user account in the Virtual Store. Buyers who have a user account in the Virtual Store can modify the email address for notifications using the dedicated options in the My Account section.
17. UPDATE OF TERMS AND CONDITIONS
17.1. The Company may update the Terms and Conditions from time to time, as its activity and services expand or change, or if the Company is obliged by law to make changes. If the Company does so, it will display the most current version in the Virtual Store. Any change to the Terms and Conditions will be enforceable against Buyers from the moment they are displayed in the Virtual Store. However, contractual relations with a Buyer in progress will be governed by the provisions of the Terms and Conditions accepted by the Buyer before the update, with the exception of updates or imperative changes imposed by relevant legislation, with immediate application.
