Contractual Terms and Conditions

/Contractual Terms and Conditions
Contractual Terms and Conditions2018-07-04T10:50:35+00:00

Contractual Terms and Conditions

Distance Sales Contract

  1. THE PARTIES TO THE CONTRACT
  • S.C. SABION ELEN S.R.L., being the provider of services, hereinafter referred to as the SELLER, with its business address in Bolyai str., no. 20, registered in the Trade Register Office by the Law Court of Mureş County, under no. J26/890/1998, Number of Registration: 11307753, tax attribute: RO, bank account number: RO02RNCB0193015481260001, opened in BCR Central in Târgu-Mureş, having a social capital of 30,000,000 Lei,

and

  • The client, natural person or legal entity, being the purchaser, hereinafter referred to as the CUSTOMER, identified by the information provided and confirmed in the Order Form, integral part of this Distance Sales Contract.

The two parties have concluded the present contract under the following conditions:

 

  • OBJECT OF CONTRACT

 

  1. The object of the contract is the purchase/sale of jewelry ordered by the customer, according to the data provided and confirmed in the Order Form, being an integral part of this agreement, drawn up by the customer and confirmed by him.
  2. The procedure of order can be carried out exclusively through the official website www.sabion.ro, belonging to the S.C. SABION ELEN S.R.L., within the menu e-Shop. This is the only method of execution of the order.
  3. Pentru a putea cumpăra de pe www.sabion.ro, trebuie să introduceți datele dumneavoastră pe website-ul nostru. Informațiile furnizate trebuie sa fie conforme cu realitatea.
  4. On the site www.sabion.ro, all the jewelry, that are subject to sale can be viewed in large icons that allow the observation of all descriptions next to each model. The technical details are also specified, so that the customer will be able to decide accordingly.
  5. The order initiated by the customer, which is the object of this contract can be found in the ORDER FORM, as an integral part of this agreement, and shall contain the identification data of the client, information about the jewelry ordered and selected by the customer, the date of release, deadline for fulfillment of order, any possible details regarding different options in jewelry (for example: sizes of wedding rings), all of them selected and confirmed by the CUSTOMER.
  6. The customer confirms the order by clicking on the button SEND THE ORDER; this is only after he has read and accepted the TERMS and CONDITIONS of CONTRACT and the provisions of the CERTIFICATE OF GUARANTEE.
  • PRICE OF THE CONTRACT
    1. The price of the contract is made up of the price of jewelry displayed on our site, in the view module of jewelry and the equivalent value of transport. They can be found in the ORDER FORM, verified and accepted by the CUSTOMER.
    2. Produsele marcate cu mențiunea TRANSPORT GRATUIT, sunt scutite de plata acestui serviciu.
    3. Prețurile afișate sunt exprimate în lei (RON) și includ TVA (24%).
    4. The warranty period of the product is specified on the site and can be visualized by the customer when completing the Order Form.
    5. Delivery costs shall be borne by the customer, if this is not specified otherwise on the right side of the product. Its value is determined by the price list of courier company requested by the client.
    6. After the order’s validation on the site www.sabion.ro, the order confirmation e-mail, received by the CLIENT on his e-mail address will include a proforma invoice with value of the final order.
    7. Payment is made as follows, at the client’s choice, this choice being viewed and confirmed by customer in the ORDER FORM: either by Payment Order after a proforma invoice has been issued, or online, or by payment due by return if the product is sent by express courier.
    8. In case the payment order system is chosen by the customer, the ordered product will be sent to the customer only at the time of confirmation of payment. The SELLER shall not be held responsible for delays incurred due to time limits for payment processing between banks.
    9. If the payment due by return option is chosen by the client, payment will be made in cash, in lei, at the value specified by the customer and confirmed in the ORDER FORM.
    10. Prices displayed in Lei (RON), include VAT (24%) and other charges (if applicable, excise, etc.)
  • TERMS AND CONDITIONS OF DELIVERY
  1. The deadline for delivery of the order is the one specified on the right side of the product, (Monday to Friday being considered as work days) from the date of placing the order by the CUSTOMER until the date the responsible delivery provider receives the order.  We will not execute orders during legal holidays.
  2. Eventual modifications that might occur under the incidence of force majeure will be communicated in writing to the customer.
  3. Due to the operation of a common stock by the shops across the country, Sabion product availability may change before even updating the site, in which case the company shall reserve the right to offer alternative solutions by producing products with similar characteristics or, where appropriate, to cancel the order.
  4. Confirmation of the placed orders shall be made by an additional validation on telephone or in writing, by telephone counselors at Sabion.
  5. Because of the internal organizational and logistical problems inside firms of courier delivery, deadlines given by the company may change without prior notice. In case of complaint with reference to the delivery services provided by the courier company, please contact us at the address: administrativ@sabion.ro.
  6. New jewels are shipped in original packaging, with anti shock protection.
  7. Sabion shops cannot be held responsible for damages caused by delays in the delivery of orders due to some external factors: weather conditions, strikes, accidents or any other special circumstances that might prevent the courier company to deliver the products on time.
  8. Clientul are posibilitatea efectuării de mențiuni și indicații privind livrarea (oră, adresă, persoane împuternicite, etc) în cadrul căsuței de Observații disponibilă înaintea finalizării comenzii. În lipsa acestor mențiuni, coletul urmează a fi livrat la adresa indicată, fără mențiuni speciale adresate curierului.
  • OBLIGATIONS OF THE SELLER
    1. The SELLER has the obligation to respect all the provisions of this contract, and those of the ORDER FORM as well, as integral part of this contract.
    2. The SELLER has the obligation to manufacture the jewels ordered by the CUSTOMER in the stipulated time so as to be able to deliver them on time, by respecting all the stipulations of the ORDER FORM. The SELLER cannot be held responsible for unfitting models and sizes ordered wrongly by the CUSTOMER, the contract cannot be terminated for this.
    3. The SELLER is obliged to return the equivalent value of the ordered products to the CUSTOMER, except the costs of delivery in cases when the customer is dissatisfied with quality, in accordance with the legal provisions.
    4. The SELLER undertakes to return the value of the ordered jewelry to the CUSTOMER, except costs of delivery, if, within 10 days from the date of shipping, the CUSTOMER notifies the SELLER in writing that he renounces to the purchase, without penalty and without invoking a reason, but the product has to be returned in the same quality as it was received.
    5. The SELLER is obligated to issue the original invoice and send it back together with the product ordered by the CUSTOMER.
    6. The SELLER is obligated to respect all the conditions offered as guarantee, as it results from this contract.
  • OBLIGATIONS OF THE CUSTOMER
    1. The CUSTOMER has the obligation to read the CONTRACTUAL TERMS and CONDITIONS and the provisions of the CERTIFICATE OF GUARANTEE before placing his order confirmation.
    2. The CUSTOMER is liable to pay the equivalent value of the ordered products at the time of their delivery by the courier company representative.
    3.  The CUSTOMER undertakes to comply with all the conditions of return of the ordered products, as well as the guarantee and post guarantee, as they result from the content of this contract.
  • GUARANTEES
    1. According to this contract, the client shall receive legal guarantee of conformity as it is stipulated by the provisions of Chapter VI of Law 449/2003 referring to the sale of products and associated guarantees, as well as all the rights and guarantees established in the consumer’s favour by the provisions of ORDINANCE No. 21/1992, on the protection of consumers.
    2. The guarantee offered on the basis of this contract concerns all the jewels and precious stones purchased through www.sabion.ro.
    3. The SELLER’S liability comes into force if non-compliance occurs within a period of 2 years, calculated from the date of delivery of the product.
    4. During the period of guarantee, the CUSTOMER enjoys the following rights:
      1. The right to benefit of products complying with the technical specifications contained by this Contract and ORDER FORM
      2. the right to having products brought into conformity free of charge, by repair or replacement, according to the customer’s written choice, except where this requirement is impossible or disproportionate.
      3. the right to replacement or repair of the product if the situation requires so, under the conditions provided by law.
      4. the right to be protected against the risk of acquiring a product or a service that might affect the lives, health or safety or of impairing their rights and legitimate interests.
      5. The right to be fully, correctly and accurately informed, on the essential characteristics of the goods and services, so that the decision taken in this respect would best correspond to the needs of CUSTOMERS, and to be educated in their role as CUSTOMERS. In this regard, prior to any orders, customers may require additional information at Sabion Info Line (0265) 265.732 (M-F 8.00-16.00), at the e-mail address: administrativ@sabion.ro or by means of the contact form available on www.sabion.ro/contact
      6. In the commercial guarantee period, the CUSTOMER benefits from a number of services free of charge, which include free post-acquisition fitting of the purchased jewelry, at the extent in which these jewels permit such operations.
      7. In case of fitting, complaints or defects, jewelry can be brought to the Sabion Workshops (main service unit) from Tg. Mures, Bolyai str., no. 20. These services are retrieved and carried out within a maximum of 28 working days following the date of delivery.
      8. Delivery can be done at any of the Sabion shops in the country, according to the list available on www.sabion.ro/stores of Sabion locations, but the execution period may differ according to each location and can reach up to 28 working days from the date of delivery. Proof of the guarantee will be made with the Guarantee Certificate accompanying the product at the time of delivery.
      9. Products for fitting and any complaints can also be brought to Sabion shops by a courier, the customer, thus having the obligation to pay for the courier services and insurance of the products.
      10. All modifications will be carried out only if these operations do not cause risks that could affect the resistance or the model of jewelry.
      11. The customer is obliged to notify the seller in writing in advance about his intention of shipping the product back for fitting. We reserve the right not to accept any returned packages without a previous written notification.
    5. The rights conferred by law to CUSTOMERS shall not be affected in any way by the guarantee offered by S.C. SABION ELEN S.R.L., as SELLER, in favour of the CUSTOMER.
    6. The rights enjoyed by the CUSTOMER during the period of guarantee will be implemented by him only if the CUSTOMER informs S.C. SABION ELEN S.R.L. about the detected non-conformities/deficiencies within a period of 2 months from the date of their observation. The legal guarantee of conformity the CUSTOMER enjoys according to this contract, shall not preclude the legal guarantee for hidden defects, stipulated in the provisions of the Civil Code.
    7. For being able to exercise the rights conferred by the contractual guarantee, the customer is obliged to attach this agreement together with the ORDER FORM to any complaint or request for repair.
    8. Causes that result in loss of guarantee; the customer may lose the guarantee constituted in this contract when he is responsible for committing the actions/non-actions as follows:
      1. failure to comply with instructions for use and care of the acquired product, as are mentioned in this agreement.
      2. If works of repair/modification are carried out on the purchased products by the customer personally or by means of an unauthorized person or in other than the SELLER ’S workshops, as they were indicated in this contract.
      3. S.C. SABION ELEN S.R.L. does not assume any responsibility for the problems that may arise due to mechanical factors
      4. the loss of this contract/guarantee
      5. In case the SELLER is not informed about the lack of conformity/deficiencies of the purchased products within 2 months from the date of purchase.
    9. Directions for use and care; faults arising from non-compliance with the provisions set out below, entail loss of guarantee:
      1. keep the jewels in a special box or bag with soft interior
      2. do not wear the jewels when you cook, wash the dishes/laundry, take a bath or go to the pool
      3. before you go to bed, remember to remove the necklaces, earrings, bracelets, either stiff or flexible ones, because accidentally, during sleep, they can be deformed or even broken.
      4. Do not wear jewels that are empty inside, in circumstances when they could be hit, because once folded, they can no longer be brought back into their original form.
      5. Rhodium is the layer of gloss applied over white gold to enhance its brilliance, or over yellow to create the effect of white gold. Strength and brilliance of jewelry can resist a whole life or just a short period of time because of the way they are cared for and certain chemical reactions in the body. Avoid using jewels with rhodium in water, in household chores because there is a risk that this layer of gloss will lose its intensity. Keep jewelry with rhodium away from contact with cosmetic products, particularly those containing talc.
      6. Protect your jewelry from dust, humidity of perfumes and the contents of  hair spray.
      7. Be careful that your jewels do not get into contact with acidic solutions or with motor oil.
      8. Do not attempt to clean enchased stones with the aid of other sharp objects that could damage the stone or its mesh.
      9. Do give special attention to jewelry with pearls because their mesh does not resist to mechanical shocks. Also, pearl jewels must be protected from contact with water.
  • RETURN POLICY
    1. Aspectele legate de returnarea cumpărăturilor se găsesc specificate într-un document distinct și fac parte integrantă a acestui contract.
  • COPYRIGHT
    1. Întregul conținut al acestui site www.sabion.ro – imagini, texte, grafice, simboluri, elemente de grafică WEB, scripturi, programe și alte date – este proprietatea S.C. Sabion Elen S.R.L. și a furnizorilor săi și este apărat de legea pentru protecția drepturilor de autor. Folosirea fără acordul companiei S.C. Sabion Elen S.R.L. a oricăror elemente enumerate mai sus se pedepsește conform legilor în vigoare.
  • PRIVACY POLICY
    1. The use of our site, www.sabion.ro (visiting or on-line purchasing of products), implies the acceptance of these terms and conditions. For effective use of the site it is recommended that all the terms and conditions should be read carefully.
    2. The company S.C. SABION ELEN S.R.L. assumes the right to make changes to these provisions without further notice.
    3. The entire content of this website www.sabion.ro- images, texts, graphs, symbols, WEB graphics, scripts, programs and other data- is the property of  S.C. SABION ELEN S.R.L.  and its suppliers, and is protected by the law for copyright protection. The use of any of these enumerated items without the consent of S.C. SABION ELEN S.R.L. shall be punished according to the laws in force.
    4. Accessing www.sabion.ro and execution of orders through the section of online shopping, involves acceptance by users that their personal data may be processed by Sabion. The purposes of the processing of such data are: the creation of a database for statistical reports, information about promotions at Sabion or about any other promotions or activities at Sabion by any means of communication (mail, e-mail, phone, SMS, etc.). Sabion commits itself that personal data shall not be revealed to third parties, except in the case of direct marketing (DM). Your personal data will be transmitted to the authorities at right, in order to verify commercial transactions, or other authorities at right, in order to carry out any controls, provided this is requested in accordance with the laws in force.Sabion certifies that will respect the rights conferred by Law. 677/2001 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, Law No. 365/2002 concerning electronic commerce, and Ordinance No. 130/2000 on consumer protection in the signing and execution of contracts at a distance with subsequent amendments. Among these rights are as follows (the list is not limiting by nature):the right to ask Sabion free of charge, to confirm the processing or not of your personal data;
      1. the right to request Sabion to rectify, update, block or delete, free of charge, the data whose processing does not comply with the provisions of law No. 677/2001;
      2. the right to request Sabion free of charge, to cease the processing of your personal data;
      3. the right to request Sabion to cease sending promotional messages.
      4. Your right to notify in writing that you wish to waiver the purchase, without penalty and without invoking a reason, within 10 working days after delivery of the product, or in the case of provision of services, from the conclusion of the contract, by returning the product in this time, in the original packaging, with all accessories and without any trace of damage or wear. The customer will support the expenses of dispatch in accordance with Romanian law. This right cannot be invoked in the case of products purchased at our offices or those delivered by our staff directly to the customer or for which an assay sample or installation has been made.
      5. Any such request/notification will be dated, signed and sent to the person who is in our database, via email to the address: administrativ@sabion.ro, or by post to the address: Str Bolyai, no.20, 540064, Tg. Mureș. www.sabion.ro uses security measures against loss, alteration or incorrect use of the information that is under our control.
      6. Any attempt to access the data of another user, to modify the site content or to affect the performance of the server that runs the site www.sabion.ro, will be considered an attempt of  fraud against the site www.sabion.ro and it will immediately put a penal investigation in motion, against those who initiated this action.
  • FORCE MAJEURE
    1. Force majeure releases the requesting party from liability, on condition that he notifies his partner within 3 days from the occurrence and the proof of a case of force majeure. During the force majeure period, parties are obliged to take all measures necessary to limit its consequences.The party invoking a force majeure event undertakes to notify the counterparty about the date of termination of force majeure.If circumstances of force majeure exceed a period of 14 working days, each of the parties has the right to terminate the contract.
  • MISCELLANEUS
    1. We do not take on responsibility for any errors and/or writing mistakes in this material.
    2. The presented photographs do not create commercial obligations.
    3. Prices, offers and images can be changed without prior notice.
    4. Terms used in this contract:
      • distance contract – contract for the supply of goods or services concluded between a supplier and a consumer under an organized system of sale by the trader, who has been using one or more remote communication techniques exclusively, before and at the moment of the conclusion of this contract
      • retouching – repair done free of charge during the period of the guarantee, offered by the supplier of products that have suffered damage
      • defect – object which suffered damage/alterations to its original state, due to mechanical shocks or other destructive factors
      • the resistance of jewelry represents a series of features and properties that virtually ensure the structure of the model. This can be affected by mechanical shocks or by repair works with a high degree of risk.
  • LITIGII
    1. Prin folosirea,vizualizarea sau cumpărarea produselor de pe acest site, utilizatorul a luat la cunoștința asupra faptului că legile române vor guverna Termenii și Condițiile de mai sus și orice dispută de orice fel care ar putea să apară între Client și S.C.SABION ELEN S.R.L. În cazul unor eventuale conflicte între S.C.SABION ELEN S.R.L. și clienții săi, se va încerca mai întai rezolvarea acestora pe cale amiabila în minim 30 de zile lucratoare.Dacă rezolvarea pe cale amiabila nu va fi posibila, conflictul va fi soluționat în instanta competentă în conformitate cu legile române în vigoare.
  • FINAL DISPOZITIONS
    1. Dacă oricare dintre clauzele de mai sus va fi găsita nulă sau nevalidă, indiferent de cauza, aceasta nu va afecta valabilitatea celorlalte clauze. Odata cu lansarea comenzii, clientul accepta fără obiecțiuni Condițiile și termenii de utilizare, valoarea acestora fiind aceeasi cu un contract valabil incheiat.
    2. Fiind de acord cu acești Termeni și Condiții clientul își asumă în totalitate drepturile și obligațiile ce decurg din cumpărarea din magazinul virtual www.sabion.ro.