DOMENIILE LA MIGDALI SRL
1. Site and company description
1.1. The www.lamigdali.ro website (hereinafter referred to as the "site") is the property of the company DOMENIILE LA MIGDALI SRL (hereinafter referred to as "LA MIGDALI"), having its seat in Sat Valea Scheilor, no. 83, Corp C7, Calugareni Municipality, Prahova County, registered with the Trade Registry Office under no. J29/657/2017, CUI 37313180.
1.2. The site can be accessed free of charge by any person who has reached the age of 18 and who is interested in the products offered by LA MIGDALI on the territory of Romania, as they are identified in the section "Our wines" (in Romanian:"Vinurile noastre").
1.3. The site is both a tool for presenting the products offered by LA MIGDALI, as well as marketing products from the PORTFOLIO LA MIGDALI, by accessing it visitors having the possibility to make online orders (online purchases).
1.4. Visitors are those who visit the site to view the information contained. Customers are those visitors who place an order online.
1.5. For any other services that can be implemented, over time, through the website, the same conditions stipulated in this document will apply, unless the new services involve the formulation of separate conditions of use.
1.6. LA MIGDALI does not assume responsibility for any display errors that occur on the site, as well as for graphics elements displayed on the site that prove to be erroneous or cannot be viewed, as they do not assume responsibility for the proper functioning of external sources of content to which references are made in the materials presented on the site, not involved in any way in their management.
1.7. This document sets out the terms and conditions of use of the site/content/service by the customer. Please carefully review this document to prevent any unintended/unpleasant consequences that may be assessed by the customer as having a negative impact on his data and/or information provided to LA MIGDALI.
1.8. By using the site, the customer is solely responsible for all activities arising from its use. It is also liable for any material, intellectual or electronic damage or any other damage caused to the site, content, service to LA MIGDALI, in accordance with the Romanian legislation in force.
1.9. If the visitor or customer does not agree and/or does not accept this document on terms and conditions will send an e-mail to the address email@example.com specifying the reasons and/or requests to make the changes.
1.10. The Customer may at any time reconsider his decision not to agree and/or accept the document;
1.11. This site is addressed only to clients who are at least 18 years old and who do not have an account suspended or closed by LA MIGDALI, regardless of the reason for the suspension or removal. Becoming a client, the person declares that he meets the conditions mentioned above.
2. Site content
2.1. LA MIGDALI defines by "content" all information displayed on the site in the form of text, data, software, audio or video files, static or moving images, such as:
2.2. Accessing the information presented in the sections of the site,"The story" (in Romanian: "Povestea"), "Ourwines"(in Romanian: "Vinurile noastre"),"The vineyard"(in Romanian: "Via") and "Contact" does not create contractual obligations.
2.3. The contents of the website may not be taken over, broadcast, sold or resold except with the written consent of the company LA MIGDALI. Content sent by visitors to the site to be published falls under the same restrictions on property rights.
2.4. LA MIGDALI defines "Commercial communications" as any type of message sent on the basis of the express consent of the data subject or on the basis of the relevant relationship established between the seller and the buyer (such as: e-mail/SMS/telephone/mobile push/web push/etc.) containing general and thematic information, information on products similar or complementary to those you have purchased/viewed, information on offers or promotions organized by the seller, etc.
2.5. According to the definition contained in OUG 34 of 4 June 2014 on consumer rights in contracts concluded with professionals, as well as for the modification and completion of some normative acts of Article 2(7), as transposed by Directive 2011/83/EU on consumer rights: any contract concluded between the professional and the consumer within the framework of an organized remote sales or service system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and including the time the contract is concluded.
2.6. LA MIGDALI defines "order" as an electronic document that intervenes as a form of communication between the seller and the buyer through which the buyer transmits to the seller, through the website, his intention to purchase goods from the site.
2.7. LA MIGDALI defines "transaction" as the receipt or reimbursement of an amount resulting from the sale of a product by LA MIGDALI to the customer, by using the services of the card processor approved by LA MIGDALI or by bank transfer, regardless of the delivery method.
2.8. LA MIGDALI reserves the right to display in the section " Our wines" produced only by way of presentation, without the obligation to correspond with products sold in stores.
2.9. The prices of the products presented will be displayed on the website.
2.10. LA MIGDALI reserves the right to modify the content of the site at any time without the prior consent of the visitors and without notifying the latter in advance.
2.11. LA MIGDALI does not assume responsibility for the suspension or interruption of the operation of the site.
3. Intellectual property rights
3.1. The entire content of the site is the exclusive property of the company LA MIGDALI and the copyright on the texts and published belongs to it entirely.
3.2. Communications of any information or data in the form of message, text, image, audio and/or video file or any other material, regardless of how they are published or transmitted (public or individual), by any natural or legal person other than LA MIGDALI is made on the sole responsibility of the person who is the source of these materials, LA MIGDALI is not in any way responsible for the content or manner of publication of these communications.
3.3. LA MIGDALI uses the registered trademarks of LA MIGDALI, as the holder.
3.4. Use or imitation of trademarks registered by any visitor of the site, without the prior authorization of the company LA MIGDALI, even if the actual origin of the products is indicated or if mentions are added as "genus, type, imitation" and the like, is strictly prohibited.
3.5. Visitors to this site are expressly prohibited from using both the site and the products made available through it for the purpose of uploading, downloading, publishing or transmitting any information whose content is illegal or contrary to good morals and public order (e.g. it is defamatory, offensive, abusive, vulgar, affects the right to privacy of other persons, calls for violence or racial hatred , ethnic or intimidating).
3.6. LA MIGDALI reserves the right to modify or add new rules and restrictions regarding the content of the site at any time.
3.7. The site may contain links to other sites owned or operated by parties other than LA MIGDALI. Such links are provided to you to use only if you want it. LA MIGDALI does not control and is not responsible for the content and conditions of processing personal data, confidentiality or security and functionality related to these sites.
4. Go to the site
4.1. In case of non-compliance by visitors with the legal use of the site, LA MIGDALI assumes no responsibility for the consequences that may arise.
4.2. In case of providing information that does not conform to reality, inaccurate or incomplete through the Contact Form, LA MIGDALI reserves the right to refuse all current or future attempts to use the services of the site.
4.3. The use of the site by visitors is carried out on their own responsibility.
4.4. Any observation regarding the violation of the rules of use of the site may be flagged by a message sent using the "Contact" section.
4.5. LA MIGDALI will provide an answer, where appropriate, within a maximum of 30 working days. If the message is not received due to a technical fault, the visitor is asked to return with a new message, having the same content.
5. Limiting the right to access the site
5.1. LA MIGDALI reserves the right to limit the access of any visitor to the site (for example, without the following enumeration being limiting, in the event that it finds that visitors violate the terms and conditions of use of the site, in case of technical or security problems, etc.).
5.2.LA MIGDALI may also restrict the right of visitors to the site if the content of the Contact Form completed by them is illegal, defamatory, offensive, threatening, abusive, vulgar, obscene, affects the privacy of another person, urges racial, ethnic hatred or is otherwise offensive, intimidating.
6. Advertising and promotions
6.1. LA MIGDALI may conduct advertising campaigns and/or promotions in any section of the site at any time. The campaigns and promotions run by LA MIGDALI do not require the consent of the site visitors. The processing of personal data in the context of advertising campaigns and/or promotions organized by LA MIGDALI will be carried out in accordance with the rules on the processing of personal data inserted in the regulation of each campaign/promotion, this cannot be extended to purposes other than those on which the data subjects (participants) have been informed.
7. Confidentiality of personal data
7.1. We make every effort to ensure that we protect and respect the confidentiality of personal data by implementing appropriate technical and organisational measures, in accordance with the requirements of Regulation No. 679/2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), of Law No 1/2002 of the European Parliament and of the Council of 17 May 1999 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data( 190/2018 on the implementation of the General Regulation on Data Protection and Good Practices in Data Processing.
8. Payment by card
8.1. If the customer chooses to pay online by card the value of orders, contract and/or contracts, the authorization and submission for settlement of card acceptance transactions is carried out exclusively through the company NETOPIA Payments through the integrated solution; Netopia Payments is the supplier of the Company DOMENIILE LA MIGDALI SRL of software solution to facilitate e-commerce i.e. payment services, payment administration and anti-fraud protection.
8.2. All types of cards issued by Romanian and foreign banks under the VISA and MasterCard links are accepted provided that the issuing banks have activated them for online payment. Payments made by credit cards for instalment payments as listed on the payment information page are also accepted. Another accepted payment method is payment on delivery.
LA MIGDALI does not request or store any information about the Client's card or bank cards, which are processed directly on the servers of the online payment service provider.
9. Online sales policy
9.1 Access to the Service is allowed to any customer who registers an order on the www.lamigdali.ro website. In order to be allowed access to the service, the customer will have to accept the provisions of the document.
9.2.1. LA MIGDALI may publish on the website information about the products in its own portfolio and/or promotions practiced by it, within a certain period and within the limit of the available stock. In the case of campaigns/competitions involving specific data processing, the controller will draw up and display the campaign regulation, with specific clauses on the protection of personal data.
9.2.2. All tariffs related to the products or services presented on the website are expressed in lei (RON) and include VAT.
9.2.3. Invoicing of purchased products is done exclusively in RON using the information provided by the customer in the intended form. LA MIGDALI is not responsible for the accuracy of the information provided by the customer for the invoice.
9.2.4. In the case of online card payments, LA MIGDALI is not/cannot be held responsible for any additional costs incurred by the customer, including but not limited to currency conversion fees applied by the issuing bank of its card, if its currency differs from RON. Responsibility for this action lies only with the client.
9.2.5. In the unlikely event that LA MIGDALI will not be able to honour part of the products, it will notify the customer on the approved channels, providing him with any available options.
9.3. Customer may place orders for products marketed at any given time, exclusively on the site. LA MIGDALI can change prices, offers, quantities at any time according to internal criteria (stocks of raw materials, stock availability, etc.) in compliance with orders/contracts already placed. LA MIGDALI can not be obliged to keep a certain price except for orders placed.
10. End of the contract at a distance
10.1. The distance contract is considered concluded by LA MIGDALI, when the order placed by the customer is confirmed electronically/telephoned by LA MIGDALI, in accordance with the legal requirements. Furthermore, before validating the customer's order and before shipping the products, LA MIGDALI has the right to contact the customer, by any means available /agreed by LA MIGDALI, in order to obtain personal confirmation by the customer of his identification and delivery data. Customers accept that LA MIGDALI cannot be forced to validate/deliver products to persons who have not confirmed the delivery and identification data.
11. Cancel Order
11.1. LA MIGDALI will be able to unilaterally denounce and automatically cancel the order made by the customer, even without prior notice to the customer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:
11.2. If the customer gives up an order with payment made in advance in compliance with the requirements regarding the right of withdrawal, by confirmed bank transfer or by online card payment solution and in which the bank issuing the customer's card has authorized the bank transaction, this amount will be refunded by LA MIGDALI within 14 days of the date on which it became aware of this fact.
11.3. On any order placed the customer is obliged to check and accept the contractual framework;
11.4. LA MIGDALI will issue and transmit to the customer all necessary documents attesting to the purchase of products/services by the customer according to the legislation in force.
11.5. LA MIGDALI will facilitate the customer's information on the state of completion of his order by sending an information email to the address indicated by him. The invoice issued shall contain all mandatory statements in accordance with Article 319 of Law No. 227/2015 on the Tax Code.
11.6. The contract shall be concluded for the specified period. It shall be deemed to have ceased when the parties have fulfilled their mutual obligations within the time limits and conditions set out in this document.
11.7. If there are differences between the number of products and the contents of the package, the customer has the obligation to notify LA MIGDALI and within 24 hours from the receipt of the package by phone or by e-mail to the address firstname.lastname@example.org with the related details (photo, explanations, etc.).
12.1. The costs of transporting in the courier system of the products purchased on the website www.lamigdali.ro is calculated according to the order and are communicated to the customer at the time of placing the order;
12.2. The delivery time of an order by fast courier system may vary depending on the period during which it is made, so that the delivery time can vary from 2 to 7 working days under normal conditions, and for orders to be delivered during busy periods (Winter Holidays, Easter Holidays, 8 March, Black Friday, etc.) the delivery time can be extended but cannot exceed 30 calendar days from the time of placing the order.
As a rule, products in an order are delivered in a single package with a single AWB (not partially delivered products from an order).
13. The procedure for withdrawing from the contract. Withdrawal form.
13.1. In accordance with Article 9 (1) (a) of Regulation (EEC) No 2081/92, the 1 line of OUG 34/201 the client who holds the status of consumer (physical person) has the right to withdraw from the contract, i.e. to return the Good, within 14 calendar days, without invoking any reason. Transportation costs will not be refunded. Thus, according to OUG no. 34/2014, the period of return of a Good or the waiver of the Service expires within 14 calendar days of taking possession of the ordered goods.
13.2. For the exercise of the right of withdrawal, the purchaser shall inform LA MIGDALI of the decision to withdraw from this contract, using an unequivocal statement, for example, a letter sent by post or e-mail to the addresses indicated in the " Contact" section of this website, which forms an integral part of the Document. For the same purpose, the following withdrawal form may be sent to the addresses indicated in the "Contact" section of this site:
" DOMENIILE LA MIGDALI SRL, established in Village Valea Scheilor, Calugareni Municipality, No. 83, Corp C7, Prahova County
I hereby inform you of my withdrawal from the contract relating to the sale of the following products:
The products were ordered on the date[...] on the www.lamigdali.ro .
Buyer's signature (only if this form is notified on paper):
13.3. If the customer requests withdrawal from the contract within the legal term of withdrawal from the contract, if the order has been paid, the seller will refund the amount within 14 calendar days from the date of informing the seller of his decision to withdraw from the contract. The amount will be returned as follows:
For orders paid by online card -> by refund to the account from which the payment was made, if the buyer does not expressly indicate in writing another account in which to transfer the amount subject to the refund;
For orders paid with OP/refund/bank card -> by bank transfer, in the account indicated by the buyer in writing.
13.4. LA MIGDALI will be able to postpone the refund of the amount until the goods sold are received or until they receive proof that they have been shipped, if they have not offered to recover the Goods themselves (the most recent date will be taken).
13.5. LA MIGDALI does not condition the return of the original packaging of the product (boxes, papers, cardboard/any other similar material) but if the product is packaged in a specific way (chest, special box/premium etc.), a sum of money can be retained to reduce the value of the product under the law. Also, LA MIGDALI reserves the right not to refund the amounts if the product arrives in a form that does not allow its re-marketing (e.g. broken or damaged because not all due diligence has been done in the proper packaging of the product).
Depending on the condition of the returned product, it will be decided whether the refund can be accepted.
13.6. Only in certain situations that depend exclusively on the seller's decision, it is acceptable to return the products if they show small signs of wear and tear. In such cases, the seller will make a check on the product and determine the value to be returned to the customer.
14. Limitation of responsibility
14.1. LA MIGDALI may not be held liable in any way to any customer who uses the site or content, other than within the limits of the articles constituting the Terms and Conditions.
15. Force majeure and fortuitous case
15.1. Except in cases where they have not expressly provided otherwise, none of the parts of a contract concluded, which is still in progress, shall be liable for the failure to fulfil on time and/or in a corresponding manner, in whole or in part, any of the obligations which instilled on them under the contract, if the non-performance of that obligation was caused by a force majeure event.
15.2. The party or legal representative of the party invoking the above mentioned event is obliged to inform the other, immediately and completely, of its occurrence and to take any measures available to him in order to limit the consequences of that event.
15.3. The party or legal representative of the party invoking the above mentioned event shall be exempted from this obligation only if the event prevents it from carrying it out.
15.4. If, within 15 days of its occurrence, the event does not cease, each party shall have the right to notify the other party of the full termination of this contract without either of them being able to claim any other damages.
15.5. The party invoking the force majeure event must prove that the obligations are impossible to execute within 30 days from the date of the occurrence of the event.
16.1. The contract is considered concluded in Romania and is governed by the legal provisions applicable on the territory of Romania. Any dispute regarding this document that may arise between the client and LA MIGDALI will be resolved amicably. If this is not possible, the conflict will be resolved by the competent court in the territorial area of the headquarters of LA MIGDALI;
16.2. Having regard to the provisions of Regulation (EU) No 524/2013 on the online settlement of consumer disputes and amending Regulation (EC)no 2006/2004 and Directive 2009/22/EC, LA MIGDALI offers the client the opportunity to opt for the out-of-court settlement of any disputes, through the use of the European Online Dispute Resolution Platform (OLS platform), a digital tool created by the European Commission to facilitate the independent, impartial, transparent, effective, rapid and fair settlement of disputes concerning contractual obligations arising from contracts for the sale or provision of online services between a consumer residing in the Union and a trader established in the Union;
16.3. If any of the above clauses are found null or invalid, regardless of the cause, this clause will not affect the validity of the other clauses;
17. Final provisions
17.2. LA MIGDALI recommends that all visitors go through the full content of this document, carefully, and then ask any type of question regarding their understanding, using the form in the "contact" section. A response will be provided within 30 working days.
17.3. Any misunderstandings arising between LA MIGDALI and the site's visitors will be resolved amicably and if this is not possible, the parties will address the competent courts.
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