Terms and conditions for the use of the site www.solarfreedom.ro

  • 1. Introduction
  • 2. Copyright
  • 3. Products and services
  • 4. Prices
  • 5. Terms of payment for the products
  • 6. Delivery of the products
  • 7. Information about the return of the purchased products
  • 8. Hosting services, links to other sites, operating errors
  • 9. Subscribing and unsubscribing from the newsletter
  • 10. Policy of confidentiality
  • 11. Final provisions
  • 1. Introduction

 

The general terms and conditions below shall apply to all sales of goods and services by SC SOLAR FREEDOM SRL to clients by means of the website with the address www.SOLARFREEDOM.RO, in the following referred to as the SOLAR FREEDOM site.

 

The client is a natural / legal person or another legal entity, who/which places an order.

 

The website www.SOLAR FREEDOM .RO is the property of SC SOLAR FREEDOM SRL, registered in SIBIU, Strada Caramidariei no. 69, entrance 1, 1st floor, room 2, with Trade Registry code J32/40/20.01.2012, and no VAT code, in the following referred to as SOLAR FREEDOM .

 

The usage of this site by the client presupposes implicitly the acceptance of the present terms and conditions. The owner reserves its right to modify the structure and the content of the site, including the present section of terms and conditions without a preceding warning/notification.

 

SOLAR FREEDOM guarantees to the user a limited access, in his/her personal interest (placing of online orders, getting information), on the SOLAR FREEDOM website. The user is not granted the right of downloading or of partially or totally modifying the site, of copying, of selling / reselling or of exploiting the site in any other manner, for commercial purposes or for purposes which are contrary to the SOLAR FREEDOM company, without having the prior written agreement of the latter.

The right of establishing a weblink connection to www.SOLAR FREEDOM .ro is limited, non-exclusive and revocable, and it is granted as long as it does not cause any damage to SOLAR FREEDOM and only after receiving our approval in written form or per e-mail.

 

  • 2. Copyright

 

The texts, technical data, prices, digital photos, symbols, web graphics, scripts, software, e-mail and the other information which can be found on the site SOLAR FREEDOM shall be referred to in the following as content.

 

The content is property of SOLAR FREEDOM and it is defended by the Law for the protection of the copyright (law no. 8/1996) and by the laws regarding intellectual and industrial property. The use of any of the above mentioned elements without the written approval of the owner is punishable by the applicable law. At the same time, all information which is found on the SOLAR FREEDOM website can be used only for the purpose for which they were presented. Their use in other purposes (advertisement, statistics, market research etc.) is strictly prohibited.

  • 3. Products and services

 

The products which are marketed through the SOLAR FREEDOM website can differ from the images on the site, because such images are displayed only for presentation purposes.

The products which are marketed through the SOLAR FREEDOM website are new, in original package and such products are accompanied at the time of delivery by a revenue invoice and by the statement of conformity according to the applicable legislation. The products and services are offered in observance of the provisions from the present document and as long as supplies are available. Based on such a provision SOLAR FREEDOM reserves its right not to deliver a certain order in case the respective product is no longer available in our stock. In case in which one or more products are no longer available or changed their basic characteristics (quantity, structure and so on) or have suffered significant price changes from the moment of placing the order to the moment in which we purchase from our providers the raw materials and we manufacture the new products, the client shall be notified by phone and / or by e-mail and the client shall have the option of replacement or of waiver for the respective products. In such situations, SOLAR FREEDOM can cancel the partial or total delivery of the order.

 

SOLAR FREEDOM offers no warranty, neither explicitly nor implicitly, regarding - inclusively but not restrictively - the operation of this site, the updating of the content thereof, the existence of a product stock and their appropriateness to a certain purpose. The users express their explicit agreement with the fact that the usage of the present site and the purchase of the products or of the associated services is made on their own risk. The only derogation in such respect is the duty of SOLAR FREEDOM to grant the users a right of a unilateral cancellation of the agreement and of withdrawal from the agreement according to the applicable legislation, a right which is explained in detail further below in the present document. In case in which any dispute arises between the client and the provider, the delivery of the orders can be suspended until such disputes are settled.

 

SOLAR FREEDOM reserves the right of selecting its customers. Any inappropriate behavior expressed within the relation between the client and the provider can lead to the cancellation of the deliveries and to the blocking of the user account. Under inappropriate behavior one can understand any behavior which includes and is not limited to: vulgar, obscene, threatening, implicit or explicit sexual, racist, discriminatory messages addressed to the company as a whole and / or to its employees and partners.

 

The shipping shall be made, in case in which the order is placed by e-mail or by phone, only after having a phone discussion with the sales representative of SOLAR FREEDOM , in order to make sure that it is clear what products and what quantities were ordered by the client and to avoid any misunderstandings.

 

The maximum value of the SOLAR FREEDOM duties towards any client, in case of a delivery failure or of an inappropriate delivery, amounts at the value of the sums received by SOLAR FREEDOM from the respective customer.

  • 4. Prices

 

The prices of the products and services are expressed in RON and include VAT (24%), but they do not include the present packaging expenditures and the transport, in case such expenditures occur.

 

The prices of the ordered products are valid for 5 business days from the date of registering the order.

 

SOLAR FREEDOM shall issue to the client an invoice for the delivered products and services, and the client shall have the obligation of providing all the necessary data for the issuance of the invoice with observance of the law.

 

In case SOLAR FREEDOM receives incorrect data about the invoicing or delivery of the products, a new deadline for the fulfillment of the order may be established within 3 business days.

  • 5. Terms of payment for the products

 

The payment of the products, which were ordered from the SOLAR FREEDOM site, can be made in four different ways:

 

  • a- per card( in advance) - in such case SOLAR FREEDOM shall request the operator for the electronic payments to confirm the security and the validity of the transaction and SOLAR FREEDOM shall make additional surveys where applicable, such actions being fulfilled before the delivery of the products. The respective survey could lead to the cancellation of the respective order based on security grounds.

 

  • b- By postal order (in advance)- the payment proof has to be sent to SOLAR FREEDOM at the following e-mail address contact@solarfreedom.ro . In case of a payment by postal order the delivery shall be made only after the money amounts enter the SOLAR FREEDOM account.

 

  • c- By payment order (in advance)- the payment proof has to be sent to SOLAR FREEDOM at the following e-mail address contact@solarfreedom.ro . In case of a payment by payment order the delivery shall be made only after the money amounts enter the SOLAR FREEDOM account.

                                                                                                       

  • d- By courier (with cash-on-delivery of the products)

 

The customer has the choice of the payment modality, but the option has to be exerted at the time of placing the order.

 

For any chosen payment modality, the effective delivery of the products is made only after the full payment of the price for the products and services.

 

  • 6. Delivery of the products

 

The delivery of the products is made everywhere within the country (exclusively in Romania) by the courier company ATLASSIB SRL. The tariffs are valid for any place, where there is an ATLASSIB headquarter. The deliveries are made during opening hours at the delivery address (your implicit address is relevant, lest another address is indicated). All orders shall be validated on the phone by one of our operators, with the confirmation of the data within the order form and also of your personal data.

 

The delivery of the products shall be free of charge for orders which exceed the value of:

-       RON 150 (including VAT) in the limit of 5 kg/package for the products in stock and

-       RON 300 (including VAT) in the limit of 5 kg/package for the confectionery products

 

For the orders which are smaller than RON 300 (including VAT) the delivery costs including VAT, amount at the following values:

 

AREA/Type of payment        

payment by card, payment order, postal order

(in advance)

payment on delivery

(on delivery)

 

LOCAL

(in Bucharest)

Lei 11

Lei 15

 

NATIONAL LEVEL

(in the rest of the country)

Lei 15

Lei 24

 

 

 

The product delivery term ranges from 24 hours to 10 business days starting with the phone confirmation of the order.

 

The delivery is made a single time for the initial payment of the transport, or in case in which the order exceeds the minimum amount of a free transport, the delivery is free of charge.

In case the client cannot be found at the indicated address, he / she shall be contacted on the phone by the courier company. Any new dispatch / redispatching to the same address or to any other address for the same order, in case the client cannot be found at the respective address or in case the address was provided with an error by the client, shall be paid separately, in addition to the initial payment, on the date on which the new address is indicated, or the redispatching of the order to the same address is requested.

 

The takeover of the products is interpreted as the client´s acceptance of the products in a good condition. The invoice has the value of a sales agreement according to the Romanian applicable legislation. The client expresses his/her explicit agreement at the signature of the invoice with regards to the fact that he / she received the product (products), which was (were) according to the order and to his/her needs.

 

SOLAR FREEDOM reserves its right to delay or to cancel deliveries of the ordered products in case they cannot be fulfilled due to Acts of god.

 

  • 7. Information about the return of the purchased products

According to the applicable legislation (Government Ordinance no. 34/2014 regarding the legal status of distance contracts), the client can withdraw unilaterally from the agreement with SOLAR FREEDOM , and return only the products, which are packaged and on stock (liquid and instant juices, sweeteners and chocolate, packaged individually in form of boxes, batons or bars and any other products similar to those on stock and with individual packaging).

The client can exert his right of withdrawal and the request of returning the purchased products within 14 calendar days from their take over, without indicating a certain reason for this.

The right of withdrawal is taken into consideration only after the written communication of this decision of withdrawal from the agreement either by filling out the withdrawal formon our site or by any other unequivocal statement, by which the client expresses his/her decision of withdrawal from the contract.

The return of the products is subjected to this law only with respect to the products, which are delivered to customers by courier.

For returnable products: prior to the return of the product it is compulsory to communicate by phone or by e-mail (reclamatii@solarfreedom.ro ) your intention of returning a product / more products.

The consumer has the right of notifying the trader in writing about his waiver of purchase, with no penalties and without indicating a reason, i.e. within 14 calendar days from the date of receiving the product. 

The product has to be returned in a good condition, with the seal intact, not being used and not being scratched. The returned product has to be in the same condition as delivered (in the original package, with intact labels and with the accompanying documents). The consumer is responsible only with regards to the reduction of the product value which resulted from their handling. Such aspect is a different thing as to what is necessary for determining the nature, the characteristics and the operation of the products. In observance with the Directive 2011/83/EU, item (47) of the presentation: in order to determine the nature, the characteristics and the manner of using the merchandise, the consumer should be able to handle and to inspect the merchandise in the same manner in which he should be allowed to do in a store.Otherwise, the product can be resend to the client.

Likewise, NO products are allowed to be returned in case they display physical modifications, signs of strokes, cracks, scratches, shocks or missing seals etc. The products have to be returned by courier.  The return of the products is made at the expense of the client.

The returned product has to be accompanied by the invoice copy, by the conformity statement and by the return form (the Word variant of the return form has to be filled out and sent either by email at contact@solarfreedom.ro , or printed and sent in a package).

The total value of the amounts which were received as payment, including the delivery costs (except for the situation in which the consumer chose explicitly another delivery type than the standard delivery), shall be reimbursed, but not the transportation costs. The reimbursement of the amounts is made by using the same payment modalities which are reasonable applicable (in case of a cash payment upon delivery, the reimbursement is made by transfer into a bank account, which was notified in an univocal manner by the consumer by means of the Return form). The fulfillment of the reimbursement duty is due within 5 business days after SOLAR FREEDOM takes over the returned products.

According to the Government Ordinance no. 34/2014 regarding also the legal status of the distance contracts, art. 16.1., 7, letters c and d, “The following are considered exceptionsof the withdrawal right, which is stipulated by art. 9-15 regarding the distance contracts and the contracts concluded outside the commercial areas:

c) provision of products which are manufactured according to consumer specifications or which are clearly customized;

d) provision of products, which are susceptible of being deteriorated or which are rapidly perishable;

  • 8. The quality of the hosting services, the links to other sites, the operating errors

 

The SOLAR FREEDOM site is hosted by the servers of a third company. SOLAR FREEDOM cannot be made responsible for any possible errors which may occur, regardless of the motives of their occurrence, these including modifications of the site, of the settings or updating of the programed scripts. SOLAR FREEDOM cannot be made responsible for any errors which may occur by using certain browsers for the visit on the SOLAR FREEDOM site. SOLAR FREEDOM is not responsible for the content, quality or nature of the sites, which have links from the SOLAR FREEDOM site. The owners of the respective sites have full responsibility for those sites.

  • 9. Subscribing and unsubscribing from the newsletter

 

The subscribing and unsubscribing from the SOLAR FREEDOM newsletter is free of charge and voluntary, and it implies the acceptance of the following usage terms:

  • The sent messages are not considered to be unsolicited mail and one can unsubscribe at any time by following the instructions which are displayed in the footer of every mail.
  • The messages, which are sent, observe the law regarding the Electronic Commerce with respect to the commercial communication, as stipulated by the Romanian and international legislation.
  • The usage of the newsletter is made under the same conditions of disclaimer with regards to the content like the authorization for the surfing on the site, under the terms and conditions from the present document.
  • The policy of confidentiality is described in detail in the next section.
  • SOLAR FREEDOM holds all the rights over the content of the newsletter, which is sent to the subscribers, under the same terms and conditions like those for the information published on the site, i.e. in observance of the provisions from the present document.
  • The subscribers of the SOLAR FREEDOM newsletter can resent these commercial communications to other persons, on their own responsibility and under conditions, in which the structure and the content of such messages remain unchanged. The persons, who received commercial messages from the subscribers of the SOLAR FREEDOM newsletter, are deemed to be previously informed by the subscribers about the provisions of the present article. In such a context, SOLAR FREEDOM cannot be made responsible in any form for the actions of its subscribers.
  • SOLAR FREEDOM reserves its right of restricting the access of any subscriber to the newsletter, in case SOLAR FREEDOM has any reasons to consider that the respective subscriber fails to observe the provisions of the present document.
  • 10. Policy of confidentiality

 

S.C. SOLAR FREEDOM S.R.L. is registered with the Registry of personal data operators under no 33597 SOLAR FREEDOM guarantees the security and the confidentiality of the data, which are hosted and sent by means of its computer system. These data can be used by SOLAR FREEDOM in order to send to the user the confirmation of the orders, various special offers, discounts etc., but only with the previous agreement of the client. Providing the personal data to SOLAR FREEDOM does not imply any duty of the users and the users can refuse to provide such data under any circumstances and they can request - free of charge - to be deleted from the data base. Any request / notice for the deletion of such persons from the data base shall be dated, signed and sent by the respective person, who is entered into the data base, either per e-mail to the address dezabonare@solarfreedom.ro , or per postal mail to the address: Str. Caramidariei No.69, Sibiu

 

SOLAR FREEDOM commits itself to the fact that the personal data shall not disclosed to third parties, except to the direct marketing operator, in case an agreement is concluded for this kind of services. However, the personal data can be sent to the competent authorities in order for them to verify the commercial transactions or to other competent authorities in order for them to make any legal enquiries, in case such action is requested according to the applicable laws.

Due to the manner in which the personal data that is stored in the SOLAR FREEDOM system are transmitted, SOLAR FREEDOM cannot be responsible in any way for any loss or duplication of such data caused by unauthorized persons, who deploy interception devices or software. Following the notifications of the users, SOLAR FREEDOM shall take all measures and make all files available for the competent authorities, which are authorized to deal with such kind of crimes.

The data provided by SOLAR FREEDOM are used only for the purpose of their storage (delivering the orders, sending messages to the SOLAR FREEDOM staff, subscription to newsletters etc.), in observance with the applicable laws. SOLAR FREEDOM does not disclose your e-mail to third parties, the company does not encourage the spam and does not publish the data provided by its customers without having the explicit agreement of its customers.

 

SOLAR FREEDOM certifies the fact that it respects the rights conferred by Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data and by Law no. 365/2002 on e-commerce, as well as by the Ordinance no. 130/2000 regarding the consumers protection in respect of the conclusion and performance of long distance agreements, with the subsequent modifications. This rights include (the enumeration has not a limitative character):

 

1. the right to request SOLAR FREEDOM to confirm - free of charge - the processing or not of any of your personal data;

 

2. the right to request SOLAR FREEDOM to rectify, to update, to block or to delete - free of charge - such provided data, for which the processing does not comply with the provisions of Law no. 677/2001;

 

3. the right to request SOLAR FREEDOM to cease - free of charge - the processing of your personal data;

 

4. the right to request SOLAR FREEDOM to cease the sending of advertisement messages.

Any such request / notice has to be dated, signed and sent by the respective person, who is entered into the data base, per e-mail to the address contact@solarfreedom.ro , or per mail to the address: Str. Caramidariei No.69, Sibiu

 

SOLAR FREEDOM cannot be made responsible for the errors which occurred by negligence of the user with regards to the security and confidentiality of his account and password. SOLAR FREEDOM cannot be made responsible in any way for the loss or for the alteration of the personal data, which were stored by SOLAR FREEDOM for the purpose indicated in the present document.

 

Any access of the data base with personal data by the SOLAR FREEDOM users, including any attempt of an unauthorized access, shall be registered in an access file. The access file allows SOLAR FREEDOM to identify the persons who accessed the personal data with no legit reason, in order to make a report to the competent authorities. Any attempt to access the personal data of any other user, to change the content of the site or to tamper with the performance of the server, where the SOLAR FREEDOM page is hosted, shall be considered as a fraud attempt with regards to the SOLAR FREEDOM page and shall lead to criminal prosecution against that individual or against those who initiated such action.

 

SOLAR FREEDOM may notify the users/clients about the current offers by means of the weekly newsletter, and the company may send congratulation cards, gift coupons and other special messages.

 

SOLAR FREEDOM does not promote SPAM. Any user / client who provides his e-mail address in an explicit manner on the SOLAR FREEDOM site may opt for the deletion of his / her data from our data base.

 

The data which you supply shall be used only for the purpose for which you supplied them, in order to administer, support and evaluate our services and to anticipate the breach of security, of the law and of our agreement terms.

 

SOLAR FREEDOM may also supply our personal data to other partner companies, but only based on a confidentiality commitment from such companies, in which they guarantee that such data are kept safely and that the supply of such personal data is made according to the applicable law, as follows: providers of marketing services, of courier services, of payment / banking services, of telemarketing or of other services, other companies with which we can develop mutual offer preparations on the market of our products and services, insurance companies.

 

Your personal data can also be supplied to the State Attorney's Office, to the Police, to courts of law and to other competent governmental bodies, on the basis and within the limits of the legal provisions and after receiving requests with an explicit formulation.

 

SOLAR FREEDOM .ro uses cookies. By using this site, you express your agreement for the usage of cookies.

  • 11. Final provisions

 

Any other problem - caused by the products and services, which are presented on the SOLAR FREEDOM site, that is not dealt with by any item of the present document, - shall be settled in an amicable way within 30 business days from the date of the written notification of the problems by the user.

 

In case the settlement of the conflict was not possible in an amicable way, the competence shall be assigned to the Romanian courts of law or to an alternative body of solving the disputes, which is agreed upon by both parties.

 

By agreeing the present terms and conditions regarding the usage of the SOLAR FREEDOM site, the client totally assumes the consequences which emerge from using the site under such conditions.