Terms of service
Terms of service
Article 1 – PURPOSE
The general terms and conditions of sale will apply to all sales of goods and services by AB PROGTECH SRL through the virtual store https://www.progtech-store.com to the Buyer and may be modified only with the express written consent of both parties .
In this document, the following terms will mean:
- Buyer: person, firm, company or other legal entity issuing an Order.
- Seller: AB PROGTECH S.R.L. , having its headquarters in Timisoara, Timis, Str. Eugen Cuteanu, Bl. D11, Ap 10, trade registry number J35 / 130/2018, CUI RO38713818.
- Goods and Services: any turnkey project, equipment, material and / or part thereof or service, including the documents and services mentioned in the Order or otherwise related thereto to be provided by the Seller to the Purchaser.
- Order: An electronic document that acts as a form of communication between the Seller and the Buyer through which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and make their payment.
- Contract: The order confirmed by the Seller by issuing the tax invoice. The contract is concluded when the tax invoice is issued and not when the order is issued or the confirmation of receipt of the order is issued.
- Intellectual Property Rights (hereafter IPR): all intangible rights such as know-how, copyright and copyrights rights, database rights, design rights, model rights, patents, trademarks registered and domain name records for any of the above.
- Specifications: All specifications and / or descriptions of Goods and Services as specified in the order.
Article 2 – CONTRACT DOCUMENTS
By placing an electronic or telephone order at https://www.progtech-store.com, the Buyer agrees with the form of communication (by phone or e-mail) through which the Seller carries out its operations. The order will be composed of the following documents, in order of importance:
- Order (together with clear delivery and billing details)
- Buyer specifications (where applicable)
In the case of campaigns limiting the number of products per customer (the customer being defined as the same consumer or the same legal person (company name) or the same phone number or same delivery address or the same billing address), the launch of several orders with common any of the situations mentioned above leads to their cancellation.
If the Seller confirms the order, this will imply full acceptance of the terms of the Order. Acceptance of the order by the Seller is considered to be complete when there is a verbal (phone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring a receipt from the Seller. The seller does not at any time consider an unconfirmed order as having the value of a Contract.
Article 3 – VALIDITY
This Agreement enters into force upon the issue of the invoice by the Seller. Information on the issue of the invoice is made by telephone or electronic (e-mail). The General Terms and Conditions of Sale will form the basis of the Contract thus concluded, in addition to being the Guarantee Certificate issued by the Seller or a vendor thereof.
Article 4 – EXTENSION OF THE OBLIGATIONS OF THE SELLER
The seller will use his professional and technical knowledge to achieve the result stipulated in the Order and deliver the Goods and Services that meet the Buyer’s requirements, needs and specifications;
The information presented on the seller’s sites is informative and is documented or modified by the Seller according to the Manufacturers’ presentation files / sites. Also, for reasons of space and consistency of the information structure, product descriptions may be incomplete but the seller makes efforts to present the most relevant information according to the information received from the Manufacturers in order for the product to be used in the parameters for which it was purchased;
Communication with the store – it can be done by interacting with it, posting opinions on products or communicating through the addresses mentioned in the contact box. Site exclusions or ignored opinions or appeals containing insulting or inappropriate language will be excluded. The seller has the freedom to manage the information received without having to justify it.
Article 5 – MOVEMENT AND SUBCONTRACTING
The seller may assign and / or contract a third party for services that are in line with the order, informing the Buyer, and no agreement is required. Seller will always be liable to Buyer for all contractual obligations.
Article 6 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
Buyer understands the intellectual property right and will not disclose to any third party or make public (via the Internet or media) any of the information received from the Seller. Site names as well as graphics are also trademarks of AB PROGTECH S.R.L and can not be downloaded, copied or used without the written permission of the owner.
Article 7 – CONFIDENTIALITY – PUBLICITY
All plans, documents and information of any kind provided by Seller’s Buyer, including without limitation, will remain the property of the Seller. They can only be used to execute the contract. No public statement, promotion, press release, or other disclosure to third parties will be made by the Buyer with respect to the order without Seller’s prior written consent.
Article 8 – DEFINITIONS OF PENALTIES
If the delivery and / or commencement of the Order can not be observed, the Seller is obliged to notify the Buyer of the estimated delivery completion time. Buyer will be entitled to claim additional damages from the Seller, when permitted by law, in the event of total or partial non-fulfillment by the seller of the performance of the Contract in accordance with established deadlines. If the Buyer is late to pay the goods within the term specified in the Seller’s invoice, he is liable to pay a penalty of 0.5% per day of the amount due. If the Seller receives erroneous information related to billing or delivery of the products, a new order will be set for the order, within 5 working days. The term of completion, if not modified by the Seller through the Buyer’s announcement, is 30 days from the placement of the order.
Article 9 – INVOICING – PAYMENT
The price, payment method and payment term are specified in the Order. The Seller will issue to the Buyer an invoice for the Goods and Services delivered, the Buyer’s obligation being to provide all the information required to issue the invoice in accordance with the legislation in force.
If reconfiguration is desired, modifying billing data involves canceling the original invoice and issuing a new invoice. Refund can be done only within the same accounting month and only for invoices exceeding 500 lei. Please note that refilling is only possible in the following variants: legal entity – legal entity or individual – legal person, not legal person – natural person.
For components purchased from PROGTECH S.R.L, which make up a complete system, you can choose to assemble for a fee. For unsealing the products and assembling them, it is necessary to pay in advance an advance or the whole amount. In the case of the use of components not purchased from AB PROGTECH S.R.L, we do not assume responsibility for compatibility.
The seller DOES NOT apply the VAT split VAT, according to the Registry of the persons who apply the split VAT payment.
Article 10 – RISKS AND RESPONSIBILITIES
The Seller undertakes to dispatch the Goods and Services by courier to the Buyer or to hand them personally to a registered workplace.
Transport – Packaging
Unless otherwise agreed by the Seller and Buyer, the Seller shall discharge the risks and responsibilities associated with the Goods and Services when handed over to the domestic courier company with which the Seller cooperates. The Seller will ensure the proper packaging of the Goods and Services and will ensure the transmission of the accompanying documents on a durable (printed / mail or on the Buyer’s account). Seller will deliver Goods and Services on the territory of Romania.
The Seller may provide, at the express request of the Buyer, services consisting of downloading, installing, starting and accepting delivery. These services will be negotiated directly between Seller and Buyer in terms of price, payment terms and conditions of delivery.
Opening parcel delivery service
The seller can offer, at the express request of the Buyer or free of charge, for certain products the parcel opening service in order to ensure the conditions for receiving parcels to check both the state of the outer packaging and the visual appearance of the contents. The signature of receipt shall certify that the products have been properly delivered.
Article 11 – ACCEPTANCE AND RIGHT TO REMUNERATION
Acceptance will be made when the Goods and Services conform to the technical characteristics mentioned in the Order. If the Buyer discovers that the Deliverables or the Services provided are not in accordance with the technical specifications, then the Seller will bring the Products and Services into compliance within a maximum term equal to the term of execution of the Order without imputing any costs to the Buyer related to these operations. The Seller will also comply with O.U.G. 34/2014 and apply the return policy. The Seller has the right, when considering the Buyer’s actions to have bad intent to claim damages to Buyer, under the terms of the law.
Article 12 – EXTRAORDINARY GOODS
Any goods delivered in excess of the quantity specified in the Order may be refused by the Purchaser within 7 calendar days of delivery.
Article 13 – GUARANTEES
In addition to any other warranties prescribed by applicable laws and detailed in the Warranty Certificate issued by the Seller or a Seller’s vendor, they warrant the Buyer against any non-conformities that may affect all or part of the Goods and Services, except for normal wear and tear, for the period of 24 months from the date of issue of the sales invoice. Except for consumables, which do not benefit from the warranty.
Article 14 – PROPERTY TRANSFER
Property on the Goods and Services will be transferred at the time of payment by the Buyer at the location indicated in the order (by delivery – receipt of the receipt of the transport document provided by the courier or the signature on the tax invoice in the case of deliveries made by the Seller’s staff) .
In the case of delivery by courier, it is not authorized by the Seller to allow the Buyer to open parcels before signing the delivery, but only after signing the delivery and payment of their possible counter value. The seller can not be held responsible for the contents of the shipped packages unless there is a document concluded by the Buyer and the courier’s representative who made the delivery.
Article 15 – RESPECT OF LAWS AND STANDARDS
The Seller will comply with all applicable laws, regulations and ordinances applicable to its contractual performance, including without limitation the manufacture, assembly, handling, transport, storage, packaging or delivery of Goods and Services and applicable to health, safety, environment.
Article 16 – RESPONSIBILITY
The Seller may not be liable for damages of any kind that the Purchaser or any third party may suffer as a result of the Seller’s fulfillment of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular loss of products.
Promotions are valid within the available stock limit.
The seller will be liable if the subcontractors and / or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.
Article 17 – DERIVED PRICE OR ERROR CHARACTERISTICS
The seller makes every effort to provide accurate information about the price and product characteristics. Some prices and / or features may be erroneous. In the case of an order with a derisory price, the Seller has the right to cancel the buyer’s order. In the event of an order for a product with erroneous characteristics, the Seller will make every effort to deliver to the Buyer a product with features as close as possible to those presented in the site at the time of placing the order. If the Buyer disagrees with the Seller’s proposals, the Seller has the right to cancel the Purchaser’s order.
Article 18 – BREAKING – TERMINATION
If the seller fails to perform his obligations, including during the warranty period, the Buyer will notify Seller of such non-fulfillment. An action plan will be validated between the Parties within 3 days of notification. Buyer can cancel an Email Order before it has been delivered. Otherwise, the order will be subject to return of the goods, mentioned on the Seller’s sites.
Article 19 – MAJOR FORCE
Neither party shall be liable for non-performance of its contractual obligations if such non-execution is due to a force majeure event. Force majeure is the unpredictable event beyond the control of the parties and can not be avoided.
Article 20 – APPLICABLE LAW – JURISDICTION
This contract is subject to Roman law. Any litigation arising out of the performance and performance of this agreement will be settled amicably, and if no agreement is reached in this way, the competent courts of the Seller’s premises will be seized.
Article 21 – MISCELLANEOUS PROVISIONS
If one or more provisions are in conflict with any applicable legal requirement, such provisions will not be applied and the Parties will endeavor to agree on new provisions that respect the spirit of the original provisions. The parties to the contract will be considered independent cantractants and neither of them is granted the right or authority to assume or create any obligation on the account of or at the expense of the other. The terms and conditions of this agreement supersede any prior written or verbal agreements between the Parties regarding the subject of this Agreement and may not be modified or exchanged except by written agreement signed by both parties.
In order to place an order, minor persons must have the consent of their legal representatives.
AB PROGTECH S.R.L. reserves the right to refuse to collaborate with customers who display inappropriate behavior and language, in writing or verbally (aggressive, licensed, etc.), have in the history of orders for refused deliveries, abuse the right of return within 14 days.