PUBLIC OFFER AGREEMENT

Effective from 05.04.2024

NOTICE: The use of the Site implies acceptance of the Terms of Use of the website Belany.ro, which describe the permitted and prohibited ways of using the Site. This Public Offer Agreement governs the procedure for purchasing Goods on the Site, and therefore We recommend that You read them carefully before making any purchase on our Site.

PREAMBLE

The following Public Offer Agreement governs the relationship between You, as a Consumer or Professional Customer, and the BELANY S.R.L., a legal entity incorporated in Romania, with its registered office at Bucharest Sector 3, NERVA TRAIAN Street, № 27-33, BUILDING № 6, Staircase B, 1st Floor; unique registration code: 49085336 from 08.11.2023; registered in the Commercial Register of the Bucharest Court under no. J40/21124/2023 dated 08.11.2023; Tax ID (Codul de inregistrare fiscala (C.I.E.): RO49085336; unique European identifier (EUID): ROONRC.J40/21124/2023, as the seller, hereinafter referred to as “Seller”.

You, as a Consumer, natural person, declaring that You are at least 18 years old, or Professional Customer hereinafter referred to as the “Buyer”, purchase from the Seller the Goods distributed by it subject to this Public Offer Agreement (hereinafter referred to as the “Agreement”). Therefore, You have all the rights and obligations provided in the Agreement and in the Contract (as defined below).

The Seller and the Buyer are hereinafter referred to as a “Party” and collectively as the “Parties”.

For convenience in navigating through the Agreement, You may use the following table of contents:

1. GENERAL PROVISIONS 2

2. CONCEPTS AND DEFINITIONS 3

3. CONCLUSION OF THE CONTRACT 4

4. PRICE AND PAYMENT 7

5. PROMOTIONS 9

6. COST, DELIVERY METHODS AND TERMS OF DELIVERY OF THE GOODS 9

7. PRODUCT AVAILABILITY 11

8. TIME OF SALE. TRANSFER OF OWNERSHIP 11

9. TRANSFER OF RISK 11

10. THE RIGHT TO WITHDRAW FROM THE CONTRACT 12

11. GOODS COMPLAINT 15

12. TERMINATION OF THE CONTRACT 19

13. LIABILITY. LIMITATION OF LIABILITY 19

14. PROVISIONS FOR PROFESSIONAL CUSTOMERS 21

15. FORCE MAJEURE 23

16. DISPUTE RESOLUTION AND APPLICABLE LEGISLATION 24

17. REPRESENTATIONS AND ACKNOWLEDGES 25

18. MISCELLANEOUS 26

19. CONTACT 27

1. GENERAL PROVISIONS

1.1. The use of the Online Shop requires that the end devices and the telecommunications system used by the Buyer meet certain technical requirements. In order to use the Online Shop, the Buyer must obtain access to a computer station or terminal device with Internet access on his / her / its own.

1.2. The Agreement is addressed to both Consumer and Professional Customers who use the Online Shop, or conclude Contracts (except for section 14 of the Agreement, which is addressed only to Professional Customers).

1.3. The Agreement are drawn up based on:

the provisions of the Emergency Ordinance № 34/2014 on consumer rights in contracts with professionals, as well as amending and supplementing some normative acts (“EO 34/2014”), Government Ordinance No. 21 of 21 August 1992 21/1992 on consumer protection, Emergency Ordinance № 141 of 28 December 2021 on certain aspects of contracts for the sale of digital content and digital services, Law № 356/2002 on electronic commerce, Emergency Ordinance №140 of 28 December 2021 on certain aspects of contracts for the sale of goods, Law № 287/2009 on the Civil Code (for legal entities), Government Ordinance № 99 of 29 August 2000 on the marketing of market products and services, and other legal and regulatory acts that may be applicable to the relations between the Parties,
The Buyer's Order addressed to the Seller for the purchase of the Goods,
the fact that as a result of the Buyer's Order, a distance sale-purchase Contract was concluded between the Buyer and the Seller in accordance with the provisions of EO 34/2014 and the Romanian Civil Code.

1.4. Acceptance of the Agreement is voluntary, but is required for the purpose of placing the Order by the Buyer. Buyers may access the Agreement at any time via the link on the main page of the Site and download and/or print it on their own.

1.5. In accordance with applicable law, the Seller reserves the right to restrict the possibility of placing an Order through the Online Shop to persons under the age of 18. In such a case, the potential Buyer will be informed of the above.

1.6. The Agreement does not require signing and stamped by the Buyer / authorized representative of the Buyer and maintaining full force and effect.

1.7. If the Seller and the Buyer have each signed a separate sale-purchase contract, then that signed contract shall prevail over the Agreement.

2. CONCEPTS AND DEFINITIONS

2.1. Whenever the following capitalized terms are used, they shall be interpreted as follows, unless explicitly stated otherwise in the context of their use:

“Online Shop” — sales platform, https://belany.ro, that allows the placement of Orders by the Buyer as well as the provision of services made available by the Seller (“Site”, “Online Shop”).

“Account” — electronic service made available to the Buyer by the Site, identified by the email address (Login) and Password, entered by the Buyer, resources collected by the Site's IT system and allowing the Buyer to use additional functionalities / services (i.e. viewing Orders, etc.).

“Login” — the Buyer's email address provided within the Online Shop during Account creation.

“Password” — an alphanumeric string required to authorize access to the Account, set by the Buyer when creating an Account.

“Parcel” — protective packaging in which the Goods are delivered to the Buyer.

“Order” — a request of the Buyer addressed to the Seller through the Site to buy a certain Goods or several Goods that are distributed or sold by the Seller.

“Goods” — any tangible movable property distributed and supplied by the Seller and which has been ordered by the Buyer on the Online Shop so that the Parties have entered into the Contract.

“Consumer” — any natural person or group of natural persons constituted in associations, acting for purposes which are outside his / her trade, business, industry or production, handicraft or profession, as defined in article 2, paragraph 2 of Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and additions. If the Buyer is a natural person, he / she is a Consumer.

“Professional Customer” — any natural or legal entity, as well as any other entity which, by placing an online Order on the Online Shop, is acting for the specific purposes of its commercial or professional activity, not being a Consumer in accordance with the law.

“Contract” — a distance sale-purchase contract concluded between the Seller and the Buyer within the framework of an organized distance selling system, in particular via the Internet, without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication, up to and including the time when the contract is concluded, under which the Seller transfers or undertakes to transfer ownership of Goods to the Buyer and the Buyer pays or undertakes to pay the price thereof in accordance with the principles set out in the Agreement; this Agreement form an integral part of the Contract concluded on its grounds and contains its provisions.

“Shopping Basket” — the service that the Site offers to each Buyer and that allows to place an Order for one or more Goods, to enter discount codes that facilitate the reduction of the price under certain Promotions (if applicable), to view the price of each Goods individually and of all Goods together. The Shopping Basket collects the Offers submitted by the Buyer for the conclusion of the Contract. By means of an Order, the Buyer can add several Goods to the Shopping Basket in order to conclude the Contract.

“Carrier” — the company providing transport services and delivering the Parcel to the Buyer.

“Business day” — one of the days from Monday to Friday, except for public holidays, which are declared days off in Romania.

“Promotions” — special conditions of sale, regulated in the conditions expressed in the Online Shop, proposed by the Seller in a specified time, from which the Buyer can benefit under the conditions specified there, e.g. reduction of price or delivery costs, within the limit of available stocks (Art. 32 of Government Ordinance 99/2000).

3. CONCLUSION OF THE CONTRACT

3.1. Follow the instructions on the Online Shop and set forth in the Agreement to place an Order. Each Order is a binding offer by the Buyer to purchase the Goods specified in the Order subject to this Agreement. Any person who registers an Account and places an Order in the Online Shop provides his / her personal data and agrees that they may be processed by the Seller under the conditions defined in the Privacy Policy available at https://belany.ro/privacy/.

3.2. The conclusion of the Contract between the Buyer and the Seller takes place after the Buyer has placed the Order in accordance with clause 3.5 hereof. The Contract will only be concluded through the Online Shop and upon Buyer’s acceptance of the Agreement.

3.3. The Seller allows the Buyer to place the Order through the Online Store in the following manner:

The Buyer adds the selected Goods to the Shopping Basket and then goes to the Order form.
The Buyer, who has an Account, confirms in the Order form the conformity of the data required to conclude and complete the Contract. The Buyer who does not have an Account must fill in the Order form individually with his / her / its data required for the conclusion and execution of the Contract. In each case, the Buyer's submission of inaccurate or incorrect data may result in the impossibility to complete the Contract. In the Order form it is necessary to specify the following data of the Consumer: full name, address (street, house number, postcode, city, country), e-mail address, contact telephone number and data related to the Contract: Goods, quantity of the Goods, if available, place and method of delivery of the Goods, method of payment. In the case of the Professional Customer, it is also necessary to provide company details if they have requested a VAT invoice to be issued on the form, as well as a tax identification number.
The Buyer chooses one of the delivery methods provided by the Online Shop.
The Buyer chooses the method of payment of the price and any costs — of the total amount indicated in the Order form in order to complete the Contract.
Additionally, the Buyer has the opportunity to provide additional comments regarding his / her / its Order or delivery, as well as to choose the option of confirming the Order by phone call.
The Buyer sends the Order to the Seller (submits the Order) via the functionality of the Online Shop provided for this purpose (the “Place an order” or similar button) and consents to the Agreement.
During the placement of the Order, until the “Place an order” or similar button is pressed, the Buyer has the possibility to correct the data entered in the Shopping Basket section by adding or deleting the item in the Shopping Basket.
Depending on the payment method chosen, the Buyer may be redirected to a page of an external service provider, which provides payment services for the purpose of payment.

At any stage of placing an Order, the Buyer may cancel an Order by interrupting the process and leaving the Site. An Order whose placement has not been completed will not be processed and will not give rise to any obligations for the Seller and Buyer. The Goods added by the Buyer to the Shopping Basket will be stored in it for 30 (thirty) days, provided that the Buyer does not remove them from there earlier.

3.4. By clicking on the “Place an order” or similar button, the Buyer places a firm Order for the Goods in his / her / its Shopping Basket. Shortly after receiving the Order, the Seller shall send an Order confirmation email to the Buyer. The Order confirmation email does not constitute acceptance of the Order by the Seller, as it simply confirms that the Seller has received the Buyer's Order.

3.5. Within 1 (one) to 3 (three) Business days following the moment the Buyer places the Order, the Seller shall review it and (if all conditions are met) transfer it to the delivery service. Upon the Seller's verification of the Order without unreasonable delay, the Seller will send the Buyer a message to the e-mail address specified in the Order as follows:

confirmation of acceptance of one or more individual proposals for the Goods presented in the Order and confirmation of the conclusion of the Contract, which will also contain the details of the delivery (“Acceptance”); or
information on the non-acceptance of some or all of the proposals for the Goods presented in the Order in accordance with the cl. 3.7 hereof.

3.6. Prior to the Buyer's receipt of the Seller's confirmation, the Buyer may withdraw its Order. If the Buyer has previously made a payment, the Seller shall refund the paid funds in accordance with clause 3.8 of the Agreement. The Contract, which includes the contents of the Agreement, is concluded upon Acceptance of the Order(s), i.e. receipt by the Buyer of the message referred to in clause 3.5 (a) hereof above regarding the Goods contained therein. The Seller shall send the Buyer confirmation of the terms of the Contract to the e-mail address provided by the Consumer.

3.7. If there is no opportunity to accept all or some of the proposals submitted under the Order, the Seller will contact the Buyer to:

inform the Buyer of the inability to accept all proposals submitted in the Order on the conclusion of the Contract; or
confirm the Buyer's willingness to partially fulfill the Order for which the Seller has agreed to accept proposals on the conclusion of the Contract. In this case, the Buyer may cancel the entire Order (in respect of all proposals), which does not infringe his / her right of Withdrawal from the Contract. Cancellation of the Order by the Buyer releases the Seller from the obligation to carry out the Order. In case of cancellation of the Order, clause 3.8 below shall apply.

3.8. If the proposals submitted by the Order cannot be accepted, the Contract, with regard to the Goods shall not be concluded, and the Seller shall return without delay the payment made by the Consumer within 7 (seven) business days at the latest (provided that the payment was made), insofar as the Contract has not been concluded. The provisions of clause 10.6.2 hereof shall apply accordingly.

3.9. Nevertheless, the Seller may inform the Buyer about the status of the Order in particular by sending a message to the email address, or by telephone. Additionally, the Buyer has the opportunity to independently track the status of his / her / its Order in the Account.

3.10. Any expenses incurred by the Buyer in connection with the conclusion of the Contract by means of distance communication (e.g. Internet connection or telephone calls) shall be borne solely by the Buyer.

3.11. The Buyer, by placing the Order, declares that prior to the conclusion of the Contract, given that it is concluded at a distance, has been informed by the Seller on all aspects of the contractual relationship between the Parties, as well as on the Goods.

3.12. In this regard, the Seller has published on the Online Shop all the information required by the applicable legislation, and the Buyer also declares that he / she / it is aware of this information. Therefore, the Buyer declares that the information has been provided by the Seller in a clear and understandable manner, the Buyer also declaring that he / she / it knows, understands and assumes:

that minors under the age of 18 are not allowed to place Orders on the Online Shop;
the main characteristics of the Goods;
the identity of the Seller and the Seller's contact details;
the total price of the Goods including all taxes and, where applicable, all additional costs of carriage, delivery, postal or other charges or, bank charges and fees, all of which shall be borne by the Buyer;
the fact that the conclusion of the Contract implies an obligation of payment on the part of the Buyer;
the terms of payment, delivery of the Goods;
the Seller's procedure for the settlement of complaints, provided for in the Agreement;
the conditions for exercising the Buyer's Right of Withdrawal, in accordance with section 10 hereof;
the moment of conclusion of the Contract is the moment of confirmation, on a durable medium, by the Seller of the acceptance of the Order transmitted by the Buyer.

3.13. Sale to minors. The Online Shop does not sell Goods to minors. If you are under 18, please have a parent / guardian place an Order on your behalf or authorize the placement of an Order. For more information, you can always contact us at belany.romania@gmail.com.

3.14. In the case of a Buyer who is a Professional Customer, the minimum allowed Order value is 500 RON, until reaching this amount, the Professional Customer is deprived of the opportunity to place the Order. No restrictions on the value of the minimum Order are imposed on Consumers.

3.15. The Seller has the right to refuse the Order, either for objective reasons (for example, but not limited to, the presumption of fraud, the Buyer is a minor and has not proved the existence of consent from legal representatives, the Goods are not in the Seller's stock and will not be in stock for another 30 days from the date of the Order).

4. PRICE AND PAYMENT

4.1. The prices of the Goods displayed on the Online Shop website are indicated in Romanian lei and include all applicable taxes, including VAT.

4.2. The price of the Goods may be increased by delivery charges, shown separately, which depend on the delivery method chosen.

4.3. The price shown in the completed and placed Order, as subsequently confirmed by the Order confirmation email, is the final price, binding on both Seller and the Buyer. The price shown in the completed, placed and confirmed Order shall not change, regardless of whether Seller subsequently changes the price of those Goods.

4.4. The price can be paid in one of the following ways provided on the Online Shop (https://belany.ro/livrare-si-plata/): (i) by payment upon receipt of the Parcel, (ii) online on the Online Shop using a bank card accepted by the payment platform contracted by the Seller, (iii) payment based on the invoice issued by the Seller.

4.4.1. Payment upon receipt of the Parcel means that the Order is paid when it is handed over to the Buyer by an authorized courier or when the Order is picked up by the Buyer at the delivery service branch. Refusal to receive the Parcel even within the additional time limit will result in termination of the Contract.

4.4.2. Online payment by card means that at the time of completion of the Order, the Buyer will be redirected to a third party payment server, where he / she will fill in the payment information. The information will be verified, the Order confirmed and the purchase price withdrawn from the Buyer's bank account. To conduct settlements in such a way, the Seller uses the services of the payment service provider PayU (PayU S.A. with registered office in Poznań, 60-166 Poznań, str. Grunwaldzka 186, registered in the Register of Entrepreneurs kept by the Regional Court of Poznan - Nowe Miasto and Wilda in Poznan, the 8th Economic Section of the National Legal Register, KRS (RNJ) 0000274399, with tax identification number NIP (CIF) 779-23-08-495, national payment institution supervised by the Polish Financial Supervisory Authority, registered in the Register of Payment Services under number IP1/2012).

4.4.3. Payment based on the invoice means that the purchase price, including any delivery costs or other expenses, shall be paid to the Seller's bank account details based on the invoice issued by the latter and sent to the Buyer's e-mail address specified in the Order before the Goods are dispatched. The Buyer shall pay the invoice within 5 (five) business days from the date of its issuance by the Seller. The transaction price shall be deemed to have been paid when the amount of the Order has been credited to the Seller's bank account. If the Seller does not receive payment from the Buyer, the Seller may contact the Buyer to remind him / her / it to make the payment, including sending an e-mail. Failure to pay the invoice within 5 (five) business days will result in the rejection of the Order made by the Buyer.

4.5. Unless otherwise specified in the Agreement or during the Ordering process, the Buyer shall be solely responsible for payment of any fees charged by his / her / its bank or the provider of the chosen payment method (e.g. transfer fees, exchange fees, etc.). For information on these fees, please contact the bank issuing the payment instrument / banking service provider in advance. In the event that payment is made using an account in a currency other than Romanian lei, double conversion may occur, the cost of which shall be covered by the Buyer independently.

4.6. The Goods can be delivered only after confirmation of the Buyer's payment (except payment upon receipt of the Parcel). The Seller is not obliged to deliver any Goods until full payment for them has been received.

4.7. The Seller reserves the right to change the price of existing Goods in the Online Shop, to release new Goods, to launch and cancel Promotions in the Online Shop or to modify them, in accordance with the provisions of the Civil Code and other applicable laws of Romania.

5. PROMOTIONS

5.1. Periodically, the Seller has the right to conduct Promotions, within the framework of which the Seller may offer discounts on Goods. Promotions may include, but are not limited to, discounts, special offers, and limited-time sales.

5.2. Promotional offers will be available for a limited period determined by the Seller. The duration of each Promotion will be clearly stated at the outset, indicating the start and end dates.

5.3. Promotions may apply to a select range of Goods or to the entire inventory of the Online Shop. The specifics of each Promotion, including eligible Goods and corresponding discounts, will be communicated through official channels, such as the Online Shop website or promotional materials.

5.4. The quantity of Promotional Goods may be limited, the availability of Promotional Goods may vary and is subject to stock availability. The Seller reserves the right to modify or terminate any Promotion without prior notice.

5.5. Promotions available in the Online Shop are not cumulative, unless otherwise stated in the Promotion.

6. COST, DELIVERY METHODS AND TERMS OF DELIVERY OF THE GOODS

6.1. Delivery of Goods Ordered on the Online Shop will be made within Romania only. Delivery can be made within the territory of the European Union for Professional Customers who are registered as VAT taxpayers upon agreement with the Seller.

6.2. Delivery of the Goods to the Buyer shall be paid for by the Buyer, unless the Contract provides otherwise. The costs of delivery of the Goods (for shipping, delivery and postal services) are indicated on the pages of the Online Shop at the time of placing the Order.

6.3. The Seller may offer the Buyer the following methods of delivery or receipt of the Parcel:

Delivery by courier;
Delivery by courier with cash on delivery;
Delivery to the post office box.

6.4. Available delivery methods may depend on the payment method chosen by the Buyer.

6.5. The total waiting time for the delivery of the Goods to the Buyer (delivery time) consists of the time required by the Seller to verify and confirm the Order, prepare the Order for delivery and the time of delivery of the Parcel(s) by the Carrier.

6.6. Upon placement of the Order, the Seller undertakes to verify and confirm / reject the Order with the provision of justification within 3 (three) Business days. In case of confirmation of the Order, the Seller is obliged to transfer the Parcel(s) to the Carrier without reasonable delay. Once the Parcel(s) is handed over to the Carrier, the Buyer will receive a confirmation by e-mail and/or phone number, which will also contain information about the delivery and allow the Buyer to track it.

6.7. The delivery time shall begin from the moment the Ordered Goods are dispatched by the Seller and may not exceed 10 (ten) business days from the date of Acceptance of the Order. Delivery time may differ from the specified delivery location. If the Parcel is not delivered to the Buyer within the time specified above due to the fault of the Seller, the Buyer may request the Seller to deliver the Parcel within a further period of not more than 30 (thirty) days from the date of the request. Insofar as the Seller does not deliver the Goods to the Buyer even within this term due to its exclusive fault, the Buyer is entitled to terminate the Contract. In such a case, the Consumer shall demand a refund of the cost of the Order and other payments (if any) in accordance with the conditions established by clause 10.6 of the Agreement.

6.8. The Seller may deliver all Ordered Goods to the Buyer simultaneously (usually in one Parcel) or in several consecutive deliveries, in particular, if certain Goods are not in stock at the time of delivery, or if the Seller believes that, given its commercial strategy, consecutive delivery is more beneficial for the Parties, or given the dimensions of the Parcel, it is not possible to send in one delivery. Delivery by means of several dispatches shall be made by prior agreement with the Buyer.

6.9. In case the Buyer changes its delivery address, the Buyer shall notify the Seller of this fact before the Seller transfers the Goods to the Carrier for delivery to the Buyer. Otherwise, the Seller shall be deemed to have fulfilled its delivery obligation, and the Buyer may be obliged to pay the cost of delivery of the Goods to the new address notified by the Buyer.

6.10. Delivery of the Goods is carried out under the conditions determined by the rules of transportation of the Carrier. The Seller shall not be liable for the impossibility of transferring the Goods in the manner chosen by the Buyer due to circumstances caused by the actions of the Carrier.

6.11. The Seller is not responsible for the actions of the Carrier related to the transfer of the Goods to the Buyer.

6.12. If the total cost of the Buyer's Order exceeds 500 RON, the Seller may release the Buyer from the obligation to pay for the delivery of the Goods within the territory of Romania and assume it. The Seller does not exempt Buyer (the Professional Customer) from the obligation to pay for the delivery of the Goods to countries other than Romania, including EU countries.

7. PRODUCT AVAILABILITY

7.1. The Seller cannot guarantee that the Goods that are at any given time on the Online Shop will be available for purchase. The Seller shall have no liability to the Buyer in the event that Goods are no longer on the Online Shop.

7.2. Although the Seller will try to have real-time updated information on Goods availability on the Online Shop, the Seller cannot guarantee that this information will be updated at all times. The fulfillment of all Orders is subject to the availability of the Goods in stock.

7.3. To the extent that Goods are unavailable, but the Buyer has already placed an Order, the Seller will inform the Buyer of the unavailability of these Goods and recommend similar Goods of equal or close value that can be Ordered. Insofar as the Buyer does not wish to Order similar Goods recommended by the Seller, the Seller will cancel the Order and, insofar as the Buyer has already paid the price of the Goods, the Seller will refund the money as soon as possible in accordance with clause 3.8 hereof.

8. TIME OF SALE. TRANSFER OF OWNERSHIP

8.1. The information available on the website of Online Shop does not constitute an offer within the meaning of the Civil Code, does not constitute a pre-contract or other commitment of Seller towards the Buyer. The Contract is considered concluded only when the Buyer receives by e-mail from the Seller the confirmation of the Order (subject to section 3 hereof).

8.2. The transfer of ownership of the Goods shall occur upon delivery of the Parcel(s) containing the Goods, subject to full payment of the price and delivery charges (if required).

9. TRANSFER OF RISK

9.1. The risk of loss of or damage to the Goods shall pass to the Consumer when the Consumer or a third party designated by the Consumer, other than the Carrier, takes physical possession of the Goods. However, the risk shall pass to the Consumer when the Goods are delivered to the Carrier if the Carrier has been instructed by the Consumer to transport the Goods and this option has not been offered by the Seller, without prejudice to the rights of the Consumer vis-à-vis the Carrier.

9.2. If the Buyer is a Consumer, the Seller bears the risk of accidental damage to or loss of the Goods in transit. The Consumer must inspect the delivery on time and in the manner accepted for delivery of this type. If the Goods are delivered with obvious damage or loss in transit, the Consumer should, if possible, report such defect to the Carrier (courier) and the Seller as soon as possible and take such other action as may be necessary to determine the Carrier's possible liability, in particular by confirming the condition of the delivery. The Buyer's claims regarding visible defects of the Parcel, their completeness, and quality shall not be accepted after receipt / acceptance of the Goods by the Buyer.

10. THE RIGHT TO WITHDRAW FROM THE CONTRACT

10.1. Except for the cases provided for in Art. 16 of EO 34/2014, the Consumer has the right to withdraw from the Contract within 14 (fourteen) calendar days (“Right of Withdrawal”), without having to justify the decision to withdraw and without incurring any costs other than those provided for and set out in clause 10.7.4 hereof. The Consumer, prior to the conclusion of the Contract, has been informed by the Seller and thus knows the conditions for exercising the Right of Withdrawal available on https://belany.ro/public-offer/. Thus, the Consumer declares and acknowledges that he / she has been informed by the Seller about the Right of Withdrawal, as well as that he / she had prior to the conclusion of the Contract, and he / she still has, during the execution of the Contract, all the means to address to the Seller any queries regarding the exercise of the Right of Withdrawal.

10.2. The period of 14 (fourteen) calendar days shall be calculated from the date of receipt of the Parcel by the Consumer (“Return Period”). The Return Period shall be calculated separately for each delivery of Parcels, in the case of successive deliveries of Goods that were the subject of a single Order.

10.3. Throughout the Return Period, the Parties shall fulfill their contractual obligations as specified by this section, including, but not limited to, clauses 10.6 and 10.7 hereof.

10.4. In order to exercise the Right of Withdrawal in time, the Consumer must inform the Seller of the right to withdraw using an unequivocal statement. The declaration of withdrawal from the Contract can be submitted by using the withdrawal online form at the following link: https://belany.ro/retururi-de-achizi-ie.

10.5. The Seller shall communicate by e-mail to the Consumer the confirmation of receipt of the Consumer's notification of the Buyer's exercise of the Right of Withdrawal. If the Consumer declares that he / she does not have a valid e-mail address, the confirmation by telephone is sufficient if the Consumer does not expressly request confirmation in writing by letter sent by email, post, or courier.

10.6. When the Consumer exercises the Right of Withdrawal, the Seller shall have the following obligations:

10.6.1. To reimburse the Consumer the price of the Goods no later than 14 (fourteen) days from the date on which the Consumer has informed the Seller of the exercise of the Right of Withdrawal, after the Seller has confirmed receipt of this information in accordance with the contractual provisions and only after the Seller has received the Goods returned by the Consumer or the Consumer provides proof of return, whichever occurs first, in the event that the returned Goods are not taken back by the Seller directly. If the returned Goods are taken back by the Seller, according to the Consumer's option expressed at the time of exercising the Right of Withdrawal, then the 14-day period for refunding the price shall run from the date on which the Seller confirmed the Buyer's notification of withdrawal from the Contract;

10.6.2. To refund the payments made by the Consumer using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to another method of return that does not involve any cost to the Consumer. If the payment cannot be refunded using the same payment method used by the Consumer due to the fact that the Seller no longer accepts a specific payment method, the Seller will refund using the payment method that will correspond as far as possible to the characteristics of the payment method previously used by the Consumer. If the payment is to be returned to the Consumer's bank account, the Seller shall return the payment to the bank account indicated by the Consumer (e.g. on the withdrawal form) and, if the Consumer does not indicate the bank account to which the payment is to be refunded, the Seller shall return the payment to the bank account with the use of which the Consumer made the payment in connection with the Contract from which it is withdrawn;

10.6.3. To check the returned Goods and to the extent that they have not been returned by the Consumer in accordance with the Contract, to (i) inform the Consumer of the matters found and (ii) inform the Consumer of the reduced price (“Reduced Price”), i.e. the price less the cost incurred by the Seller in bringing the Goods back to the form in which they were delivered to the Consumer in the event of use or damage. The Seller shall refund to the Consumer only the Reduced Price. In the event that returned Goods are found to be significantly damaged, resulting in the inability to continue using them according to their functional capabilities, and it is also impossible to repair them, the Seller reserves the right to reduce the price proportionally to the price of the respective damaged Goods. Consequently, there will be no amount for which the Consumer is entitled to compensation.

10.7. In case of exercising the Right of Withdrawal, the Consumer shall be under the following obligations:

10.7.1. To return the Goods that he / she wishes to return to the Seller within 14 (fourteen) days from the date on which the Consumer has notified the Seller of his / her decision to withdraw from the Contract. For the sake of clarity, the time limit provided herein shall be complied with if the Goods are delivered back to the Seller by the Consumer before the expiry of the 14-day period. The Consumer may return the Goods to the address: Orasul Voluntari, Bulevardul Voluntari.102, Judetul Ilfov. Depozite 10, Voluntari 077190, Romania, unless another address is notified by the Seller to the Consumer. The deadline is considered met if the Goods are dispatched by the Consumer before the end of the 14-day period. Please attach, as far as possible, the proof of purchase of the Goods or an electronic proof printed of the purchase of the Goods (including proof of payment for the Goods);

10.7.2. To pay the cost of delivery for the return of the Goods;

10.7.3. To return the Goods that he / she wishes to return in the same conditions in which he / she received them, in the original packaging, accompanied by all the labels, leaflets and any other documents accompanying the Goods;

10.7.4. To bear the reduction in the value of the Goods and as a result to receive the Reduced Price, as the case may be. The Consumer is solely liable for any diminution in the value of the Goods as a result of its use in a manner that goes beyond the need to determine the character, characteristics, and function of the Goods. The Consumer's liability may include, in particular, the inability to put the Goods back on sale, as well as the costs of restoring the Goods to a condition that allows it to be put back on sale in the Online Shop, including the costs of removing defects found as a result of an examination by a specialist (to the extent that these defects result from the use of the Goods by the Consumer in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).

10.8. As a result of exercising the Right of Withdrawal and after receiving the Goods by the Seller, the Contract is legally terminated. In addition, any other contractual relations, depending on the circumstances, which are ancillary to the Contract, are terminated.

10.9. Subject to the provisions of the EO 34/2014, the Right of Withdrawal from a Contract does not apply to the Consumer in connection with Contracts: (1) where the object of the service is a prefabricated product made to the Consumer's specifications or serving to meet his / her individual needs; (2) where the object of the service is a product delivered in a sealed package, which after opening the package cannot be returned for reasons of health protection or hygiene, if the original packaging has been opened after delivery; (3) where the object of the service is Goods which after delivery, due to their nature, are inseparably connected to other things, etc.

11. GOODS COMPLAINT

11.1. Applies to the Buyer who is a Consumer:

11.1.1. All Goods offered in the Online Shop are brand new, free of any defects and have been legally introduced on the Romanian market. The Seller has the legal obligation to deliver the Goods without defects. The Seller's liability for the quality of service provided by law is governed by the generally applicable provisions on the lack of conformity of Goods with the Contract.

11.1.2. The Seller warrants to the Consumer that the Goods are free from defects upon delivery. In particular, the Seller warrants that, upon delivery, the Goods:

have the properties to which the Parties have agreed, and, if there is no such agreement, the properties which the Seller or manufacturer has declared or which the Buyer expects with regard to the type of Goods in question,
are suitable for the purposes communicated by the Seller or the purposes for which the type of Goods in question is usually used,
correspond in quality or design to the corresponding model or sample, if the sample or model was the basis for the decision on the quality of the Goods,
are in the appropriate quantity, size and weight, and
comply with the applicable regulations.

11.1.3. All information on the Online Shop is provided in good faith. The images published on the Site are true to life, but sometimes the color shades of the Goods may differ slightly due to the photo process or the Consumer's monitor settings, or there may be slight differences in the design / graphics of the Goods due to the fact that some images come from manufacturers / suppliers. There may also be technical or content errors, related to technical specifications, prices, stocks, or availability of Goods, which may occur for example when Ordering between the Seller's working hours, etc. The Seller makes every effort to ensure the accuracy of the information on the Online Shop, which is why, to ensure the certainty of the information, all Orders will go through a prior confirmation process before being delivered to the Consumer.

11.1.4. A lack of conformity shall not be deemed to exist if at the time of the conclusion of the Contract the Consumer was explicitly informed that a particular characteristic of the Goods does not meet the objective conformity requirements and the Consumer expressly and separately accepted this at the time of the conclusion of the Contract.

11.1.5. In case of non-compliance of the Goods with the Contract, the Consumer may submit a complaint to the Seller in any form, in particular in writing to the following address: Orasul Voluntari, Bulevardul Voluntari, nr.102, Judetul Ilfov or by e-mail to the following address: belany.romania@gmail.com. In the complaint, it is required to:

provide Consumer’s identification data, the Order number, the date of receipt of the Parcel;
provide information on the subject of the complaint, in particular the type and date of the defect, a description of the alleged defects in as much detail as possible, accompanied by photographs of the Goods with defects (if possible, the Consumer may provide a video recording documenting the presence of defects in the Goods);
define the request on how to remedy the defect (replacement of the Goods with a new one, repair of the Goods and then reduction of the price or Withdrawal from the Contract)
providing the complainant's contact details, which will facilitate and speed up the examination of the complaint by the Seller;
to sign the complaint by the Consumer and specify the date of the Company.

Complaints that do not contain the above elements may not be taken into consideration by the Seller. However, the Seller may choose to require the Consumer to provide the missing details from the complaint. For the avoidance of doubt, this does not exclude or limit the Seller's right to request further details from the Consumer in relation to the complaint.

In order to confirm the rights deriving from the guaranties, the Consumer is obliged to prove the existence of a Contract between the Consumer and the Seller. The Seller may require the Consumer to provide the printed Order confirmation and proof of payment as evidence. The Consumer's refusal to provide the Seller within the time specified by the Seller, or within a reasonable time from the date of the request, with such details constitutes a waiver of the complaint. Failure by the Consumer to respond shall be deemed a refusal to respond to the Seller's requests.

11.1.6. The Seller is obliged to inform the Consumer of the completion and outcome of the complaint procedure by electronic means at the e-mail address provided by the Consumer in the complaint or at any other address at which the Consumer may be informed of the completion and outcome of the complaint procedure.

11.1.7. If the Goods sold does not comply with the Contract, the Consumer may, subject to the reservations and conditions specified in the Emergency Ordinance №140 of 28 December 2021:

request repair or replacement of the Goods (“Remedial Measures”). However, it is stipulated that the Consumer has the right to request a replacement of the Goods if their non-conformity is detected shortly after delivery, but not more than within 30 calendar days.

The Consumer may not require the Seller to take Remedial Measures if these are impossible or disproportionate. Remedial Measures shall be deemed impossible if the Seller is unable to provide identical Goods for replacement (or spare parts for repair, as the case may be), including due to lack of related machinery or technology. Remedial Measures shall be deemed disproportionate if they impose costs on the Seller that are unreasonable in comparison with other measures taking into account, cumulatively, (i) the value that the Goods would have had if there were no lack of conformity; (ii) the extent of the lack of conformity; and (iii) whether another Remedial Measure could be carried out without significant inconvenience to Buyer.

make a declaration of price reduction or Withdrawal from the Contract, but only when:

the Seller has not completed the repair or replacement or, as the case may be, has not completed the repair or replacement in accordance with the provisions of Article 12 of the Emergency Ordinance №140 of 28 December 2021 or the Seller has refused to bring the Goods into conformity in accordance with clause 11.1.7 (a) hereof;
the lack of conformity is discovered despite the Seller's efforts to remedy it;
the lack of conformity is so serious that it justifies a reduction in price or the right to immediately terminate the Contract;
the Seller has stated that it will not bring the Goods into conformity within a reasonable time or without significant inconvenience to the Consumer, or it is clear from the circumstances of the case.

The reduced price will be proportionate to the price resulting from the Contract, based on the value of the Goods that does not comply with the Contract in relation to the value of the Goods that does comply with the Contract.

11.1.8. To the extent that the Goods purchased by the Consumer involves an installation procedure, any lack of conformity resulting from an incorrect installation of the Goods shall be deemed equivalent to a lack of conformity of the Goods, only if the installation was carried out by or at the responsibility of the Seller or the installation was carried out by the Consumer, and the incorrect installation was due to deficiencies in the installation instructions provided by the Seller. Seller assumes no obligation to install any Goods. Installation of the Goods shall be carried out exclusively by the Consumer in accordance with the installation instructions accompanying the Goods, as they may be found