1. DEFINITIONS AND TERMS
DualStore – is the commercial name of S.C. STARMOBILEGSM SRL., a legal entity of Romanian nationality, with its registered office in Baia Mare, Traian blvd no. 15, having order number in the Trade Register J24/153/2013, unique fiscal registration code RO31237377.
Seller – DualStore.
Buyer - can be any natural person who is over 16 years old or legal person or any legal entity that creates an Account on the Site and places an Order.
Customer - can be any natural person who is over 16 years old or legal person who has or obtains access to the CONTENT, through any means of communication provided by DualStore (electronic, telephone, etc.) or based on an existing user agreement between DualStore and it and which requires the creation and use of an Account.
User - any natural person who is over 16 years of age or a legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the General Terms and Conditions section.
Nickname – pseudonym by which a certain User/Customer/Buyer can add Content to the Site. The nickname is associated with the information on the Site of the User/Customet/Buyer under the name "Username".
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order and which contains information about the Customer/Buyer and the Buyer's history on the Site (Orders, tax invoices, Goods guarantees, etc.). The user is responsible and will ensure that all the information entered when creating the Account is correct, complete and up-to-date.
Favorites – section of the Account that allows the Buyer/User to create Lists of Goods and Services that he wishes to follow in view of a possible purchase using the service offered by the Seller for tracking Goods and Services by receiving Commercial Communications from him .
List – the Favorites section where the Buyer/User can add Goods or Services that they want to follow for a possible purchase and which, subsequently, they can delete or add to the shopping cart ("My Cart").
Lists can be:
Public: any Customer/Buyer/User can view the Buyer's/User's List if he has shared it on social networks (Facebook, Twitter and Google+) or if he accesses the Buyer's/User's public profile on the Site. The lists are public, and the Buyer/User has the possibility to set them as private at any time, directly from his Account, the Favorites section;
Private: they can only be viewed by the Account holder. The Buyer/User has the possibility to set them as public at any time, directly from his Account, the Favorites section.
My cart – section of the Account that allows the Buyer/User to add Goods or Services that he wants to purchase at the time of addition or at a later time; if the Goods or Services are not purchased at the time of addition by placing the Order, the Buyer/User will benefit from the service offered by the Seller for tracking the Goods and Services by receiving Commercial Communications from him.
Site – the online store hosted at the web address dualstore.ro and its subdomains.
Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer conveys to the Seller, through the Site, his intention to purchase Goods and Services from the Site.
Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the concluded Contract.
Resistant product – The products have an IP index of resistance to water and dust (you can find it with each product separately, if applicable) they are not resistant to shocks, falls. More details about the IP index.
A rugged but not shockproof phone would be a device that is designed to withstand factors such as water, dust, and other harsh environmental conditions, but is not specifically designed to withstand impact or mechanical shock. This type of phone might be water and dust resistant, but it might not have specific construction or technologies to protect against damage from drops or bumps.
These phones could be useful for people who are exposed to moisture, dust or other adverse environmental conditions. It is important to check the exact specifications of such a phone to understand exactly what environmental conditions it can withstand and what types of damage are covered by its resistance.
In general, rugged phones that are not specifically designed for mechanical shock protection can provide some protection against wear and tear and environmental conditions, but users should be aware of their limitations in terms of resistance to drops and shocks and these aspects are not covered by the warranty.
Rugged product - Robust product, with few exceptions, a one-piece product with non-removable battery.
Campaign – the act of exhibiting for commercial purposes, a finite number of Goods and/or Services having a limited and predefined stock, for a limited period of time established by the Seller.
Contract – represents the remote contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content – represents:
all the information on the website that can be visited, viewed or otherwise accessed by using an electronic device;
the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other means of communication available;
any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
information related to the Goods and/or Services and/or the rates applied by the Seller in a certain period;
information related to the Goods and/or Services and/or the rates charged by a third party with whom the Seller has concluded partnership contracts, during a certain period;
Review – an evaluation written by the owner or beneficiary of a Good or Service, evaluation drawn up on the basis of personal experience and his ability to make qualitative comments and to say whether or not the Good or Service complies with the specifications mentioned by the manufacturer, with the exception of Goods, products, from the "Tobacco & cigarettes" category, in accordance with the legal provisions in force.
Rating – way of expressing the degree of satisfaction of a User/Customer/Buyer with a product, with the exception of those in the "Tobacco & Cigarettes" category, in accordance with the legal provisions in force. The rating is expressed in the form of stars, each Good being able to receive a score from one star to five stars. This degree of satisfaction will always be associated with the review written by the User/Customer/Buyer on a Good or Service.
Comment – appreciation or observation with a critical purpose, on the side of a Review or other comment. In accordance with the legal provisions in force, Goods from the "Tobacco & Cigarettes" category are excluded from Comments.
Question – form of address to other Users/Customers/Buyers in order to obtain information about the Goods or Services from the respective page, with the exception of the Goods in the "Tobacco & Cigarettes" category in accordance with the applicable legal provisions.
Answer – written information that is sent to the User/Customer/Buyer who asked a Question on the website, on the page of a certain Good. The answer is an explanation offered by a User/Customer/Buyer to another User/Customer/Buyer in a discussion. By way of exception, the User/Customer/Buyer will not be able to send questions, comments, answers regarding the Goods in the "Tobacco & Cigarettes" category, as their Reviews or Ratings are also not allowed, in accordance with the legal provisions in Romania.
Document – these Terms and Conditions.
Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information regarding products similar or complementary to the ones you have purchased, information regarding DualStore offers or promotions, information regarding Goods and Services added to the "My Account/Cart" section or the "Account/Favorites" section, as well as other commercial communications such as market research and opinion polls.
Transaction – collection or reimbursement of an amount resulting from the sale of a Good and/or Service by DualStore, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.
Green stamp tax – the amount expressed in lei, paid by the Seller to the company authorized to take over the operations of collection, transport and valorization/recycling of waste electrical and electronic equipment, as provided by the legislation in force.
Specifications – all specifications and/or descriptions of the Goods and Services as specified in their description.
1-click payment – the payment service provided by the payment processor integrated in the Site, made available to Customers, Users and/or Buyers through the website in order to make an online card payment.
Token – unique encrypted number associated with the Buyer's payment card after making an online payment, after activating the PaybyClick service and which can be used by the Buyer to authorize Transactions through the PaybyClick service.
"PRP" (or referred to as "RRP", as the case may be) is a recommended resale price of the Good transmitted directly by the manufacturer, as well as, as the case may be, through the distributor, the supplier, the Seller, the Sale Price being established independently by to the Seller, according to his own commercial policy. The sole purpose of this information is to support the Buyer/Customer/User in the decision to purchase the Good. The Buyer/Customer/User understands that the less obvious marking of this information is not of a nature to cause confusion and that, in making the decision to purchase the Good, the Buyer/Customer/User must strictly consider the Selling Price communicated by the Seller and requested by him from the Buyer/Customer/User for the sold Good.
"Cut Price" represents the reference price, i.e. the lowest price applied by the Seller at least during the last 30 days before the date of applying the price reduction to the Good. Under the law, the Cut Price can be maintained under the conditions of a successive, gradual reduction. The Cut Price is valid within the limit of the available stock of the Good/Service.
"Sales Price" represents the value of the Good, claimed and requested by the Seller, the Buyer/Customer/User, highlighted accordingly on the product page of the Website, respectively in the presentation label for the products displayed in the Showrooms. The seller can display distinctly, in a visible way, the value amount of the difference between the Sale Price and the PRP and/or the value or percentage difference between the Sale Price and the Cut Price. The Sale Price is valid within the limit of the available stock of the Good/Service.
Search algorithm
The search algorithm consists of 2 components: text relevance (score represented by the matching between the search term and the data of the Good), the popularity of the Good in the DualStore platform. Top Goods are reordered using a machine learning algorithm in order to improve the relevance of searches.
2. CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If he changes the amount of Goods and/or Services in the Order, he will notify the Buyer at the e-mail address or phone number provided to the Seller when placing the Order and will return the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the notification of the shipment of the Order.
2.5. The document and information made available by the Seller on the Site will form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or one of its suppliers for the purchased Goods.
3. ONLINE SALES POLICY
3.1. Access to place an Order is allowed to any User/Buyer.
For justified reasons, DualStore reserves the right to restrict the User/Buyer's access to place an Order and/or to some of the accepted payment methods, if it considers that based on the User's/Buyer's behavior or activity on the Site, his actions could harm DualStore in any way. In any of these cases, the User/Buyer can contact the Customer Relations Department of DualStore, to be informed about the reasons that led to the application of the aforementioned measures.
3.2. Communication with the Seller can be done through direct interaction with him, including through online support (Live Chat) or through the addresses mentioned in the "contact" section of the Site. The seller has the freedom to manage the information received without having to provide justifications for this.
3.3 In the event of an unusually high volume of traffic coming from an Internet network, DualStore reserves the right to ask Users/Buyers to manually enter captcha validation codes, in order to protect the information on the Site.
3.4. DualStore can publish on the Site information about Goods and/or Services and/or promotions practiced by it or by any other third party with whom DualStore has concluded partnership contracts, within a certain period of time or within the limit of available stock.
3.5. All prices related to the Goods and/or Services presented on the Site are expressed in RON (RON) and include VAT
3.6. Under the conditions provided by law, the price of electronic goods displayed on the Site includes the green stamp tax. If the User/Buyer requests details regarding the exact amount added to the price of the Good, he/she will contact the DualStore Customer Relations Department.
3.7. In the case of online payments, the Seller is not/cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, in the event that the issuing currency differs from RON. The Buyer is solely responsible for this action.
3.8 All information used to describe the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.
3.9. After 14 (fourteen) days from the purchase of a Good or Service, the Buyer will be requested to register a Review related to the purchased Good or Service. The request will be sent to the email address entered by the Buyer in the Account. In this way, the Buyer contributes to the information of other possible Users/Customers/Buyers on the Site and is actively involved in the development of new Services and in detailing the characteristics of the Goods as completely as possible.
4. ASSIGNMENT AND SUBCONTRACTING
4.1. The Seller may assign and/or subcontract to a third party for Services related to the Service, with the Buyer's information, without the Buyer's consent being required. The Seller will always be responsible to the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of DualStore, which is All rights obtained in this regard directly or indirectly (through licenses for use and/or publication) are reserved.
5.2. The Customer/Purchaser/User is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by DualStore, include any Content outside the Site, the removal of signs signifying DualStore's copyright on the Content, as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of DualStore.
5.3. Any Content to which the Customer/Purchaser/User has and/or obtains access by any means, is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between DualStore and it, and without any implied or express warranty from DualStore with reference to that Content.
5.4. The Customer/Buyer/User may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.
5.5. If DualStore grants the Customer/Buyer/User the right to use, in the form described in a separate user agreement, certain content, to which the Customer/Buyer/User has or obtains access following this agreement, this right extends only on that or those contents defined in the agreement, only during the existence of this or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of DualStore for the respective Customer/ Buyer/User or any other third party who has/obtains access to this transferred content, by any means and who could be or is harmed in any way by this content, during or after the expiration of the user agreement.
5.6. No Content transmitted to the Customer, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of DualStore and/or the employee/employee of DualStore who mediated the transfer of Content, if it exists, in relation to that content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the user agreement that accompanies it, if it exists, is prohibited.
6. ORDER
6.1. The Customer/Buyer can place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart, then completing the Order by making payment through one of the expressly indicated methods. Once added to the shopping cart, a Good and/or a Service is available for purchase as long as there is stock available for it. Adding a Good/Service to the shopping cart, without completing the Order, does not result in the registration of an order, implicitly nor the automatic reservation of the Good/Service.
6.2. By completing the Order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the Order.
6.3. By completing the Order, the Buyer agrees that the Seller can contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.4. The Seller can cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, 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:
6.4.1. non-acceptance by the issuing bank of the Buyer's card, of the transaction, in the case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by DualStore, in the case of online payment;
6.4.3. the data provided by the Customer/Buyer on the Site are incomplete and/or incorrect;
6.5. The buyer has the right to withdraw from the Contract, respectively to return a Good or to give up a Service, within 14 calendar days, without invoking any reason and without incurring costs other than those of delivery. Thus, according to GEO no. 34/2014, the period for returning a Good or giving up a Service expires within 14 days from:
- the day on which the Buyer takes physical possession of the last Good - if the Buyer orders multiple products in a single order that will be delivered separately
- the day the Buyer takes physical possession of the Good
6.6. If the Buyer decides to withdraw from the Contract, he will be able to complete the return form online at https://www.dualstore.ro/politica-de-retur.
6.7. If the Customer/Buyer requests withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within 14 (fourteen) days at most from the date of the Buyer informing the Seller of his decision to withdraw from the Contract. The amount will be returned as follows:
6.7.1. for Orders paid by bank card -> by refund to the account from which the payment was made or by generating a voucher with the value of the returned product;
6.7.2. for Orders paid with Op/iTransfer/ -> by bank transfer or by generating a voucher with the value of the returned product;
6.7.3. for Orders paid for cash on delivery -> by returning the product value to the bank account sent by the customer or by generating a voucher with the value of the returned product.
6.7.4. for Orders paid by consumer credit -> cancellation/recalculation of installment contract.
6.8. The Seller will be able to postpone the refund of the amount until the receipt of the sold Goods or until the receipt of a proof according to which they have been shipped, in case he has not offered to recover the Goods himself (the most recent date will be taken).
6.9. If the Good is returned in a condition in which it can no longer be sold as new (open packaging, missing accessories, the Good is damaged), we reserve the right to request a fee for returning the Good to its initial state, as the case may be, or for to cover the price difference resulting from the sale of the product as resealed or, at the Buyer's request, we will resend the Good, the delivery costs being borne by the Buyer.
Decreasing the value of returned Goods
Since, in the case of distance sales, the Buyer does not have the opportunity to check the Goods before concluding the contract, he has the right to withdraw from the contract. For the same reason, the Buyer is allowed to test and verify the Goods it has purchased to the extent necessary to establish the nature, characteristics and mode of operation of the Goods.
In order to determine the nature, characteristics and operation of the Goods, the Buyer must handle and inspect them in the same manner as it would be permitted to do in an actual physical store. For example: The buyer only needs to try on an article of clothing, not wear it on various occasions.
The Buyer is only responsible for the diminution in value of the Goods resulting from manipulations other than those necessary to determine the nature, qualities and functioning of the Goods.
If the Buyer exercises the right of withdrawal after using the Goods to an extent that exceeds the limit necessary to establish their nature, characteristics and mode of operation, the Buyer is responsible for any decrease in the value of the Goods.
The accessories (user manuals, CDs, cables, etc.) in the Good's box as well as its original packaging are an integral part of the Good. As a result, we recommend the Buyer, when exercising the right of withdrawal from the contract, to return it in the original undamaged packaging, protected by wrapping with stretch plastic packaging film or packed in a cardboard box (without labels stuck on it, without cuts, tears, etc. ) and together with all its accessories.
Returned goods that show signs of wear (stains, scratches, bends, cracks, bumps, etc.) are accepted for return only after bringing them into compliance, involving the costs of sanitizing, beautifying, repairing, replacing any damaged parts and bringing them to a commercial form for sale as a Refurbished / Resealed product. The final value is determined by the value of the parts to be replaced and the reconditioning labor or as the difference between the initial value of the new product and the resale value of the used product.
Any decrease in the value of the Goods resulting from their handling other than those necessary to determine the nature, qualities and functioning of the Goods is the responsibility of the Buyer. For clarity, from the total price of the returned Good, the Seller will retain a sum of money representing the decrease in the value of the Good in a proportion of 5%-75% of the initial value of the Good, as the case may be. The counter value of the reduction fee will be communicated to the Buyer upon receipt of the returned Goods.
6.10. If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Customer/Buyer of this fact and will return to the Buyer's account the equivalent value of the Good and/or Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.
6.11. The availability of a Good will be displayed on the Site as follows:
"in stock" – we have more than or equal to 1 pieces in stock
"in supplier stock" – The good is not available in DualStore's stock. If you register an Order for a Good that has "supplier in stock" on its right, one of our sales consultants will contact you as soon as possible to inform you of the availability of the Good.
"order" - The good is not available in DualStore's stock and for the moment we have no information about its availability in the supplier's stock. But, if you register an Order for a Good that has "on order" in its right, one of our sales consultants will check the availability of the product in the supplier's stock and will contact you to inform you of the availability of the Good.
"pre-order" – The good is not available in DualStore's stock nor in the supplier's stock. But, if you register an order for a Good that has "pre-order" in its right, one of our sales consultants will check the supply period of the supplier and will contact you to inform you of the availability of the Good.
"out of stock" – The item is no longer available in stock
"supplier stock 0" –currently we cannot purchase the Good because it is not in the supplier's stock.
7. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED
7.1. The following are excluded from the right of withdrawal from the Contract:
7.1.1. service contracts, after the full performance of the services, if the performance has begun with the express prior consent of the Buyer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal after the full performance of the Contract by the Seller;
7.1.2. the provision of Goods and/or services whose price depends on fluctuations on the financial market that the Seller cannot control and that may occur during the withdrawal period;
7.1.3. the supply of Goods made according to the specifications presented by the Buyer or clearly customized;
7.1.4. supply of Goods that are likely to deteriorate or expire quickly;
7.1.5. the supply of sealed Goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Buyer;
7.1.6. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other elements;
7.1.7. the supply of alcoholic beverages whose price was agreed at the time of the conclusion of the Contract, whose delivery cannot be made before 30 (thirty) days and whose real value depends on market fluctuations that the Seller cannot control;
7.1.8. contracts in which the Buyer has specifically requested the Seller to move to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Seller provides other services than those expressly requested by the Buyer or supplies other Goods than the spare parts indispensable for the execution of maintenance or repair work, the right of withdrawal applies to those additional Services or Goods ;
7.1.9. providing sealed audio or video recordings or sealed computer programs that have been unsealed after delivery;
7.1.10. the supply of newspapers, periodicals and magazines, except for subscription contracts for the supply of such publications;
7.1.11. the provision of digital content that is not delivered on a physical medium, if the provision has begun with the express prior consent of the Buyer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal.
8. CONFIDENTIALITY
8.1. DualStore will maintain the confidentiality of any information you provide. The disclosure of the information provided will only be possible under the conditions mentioned in this Document.
8.2. No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer/Customer regarding the Order/Contract without the prior written consent of the Seller.
8.3. By submitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use, in his own interest, this information, ideas, concepts, know-how or techniques that you have sent to us through the Site. DualStore will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide for other specifications in this regard.
9. COMMERCIAL COMMUNICATIONS
9.1. The Buyer/User/Customer can at any time change their option regarding the consent given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions, as follows:
9.1.2. by changing the settings in the Account in the "My subscriptions" section;
9.1.3. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
9.1.4. by contacting the Seller.
9.2. By adding Goods or Services in the Account section:
"My cart", the Seller will send the Buyer/User Commercial Communications regarding:
- when changing the price of Goods or Services added in the "My cart" section,
- for recommendations of Goods or Services similar to those added in the "My cart" section,
- to the existence of the Goods or Services in the "My cart" section, and
- stock availability of Goods or Services added in the "My cart" section.
"Favorites", the Seller will send the Buyer/User Commercial Communications regarding:
- when changing the price of Goods or Services added in the "Favorites" section,
- to recommendations of Goods or Services similar to those added in the "Favorites" section, and
- stock availability or Goods Services added in the "Favorites" section.
9.3. Following the purchase of a Good or Service, the Seller will send the Buyer/User Commercial Communications regarding:
- suggestions of Goods or Services recommended to be used together with the purchased Good or Service.
9.4. The Customer/User can unsubscribe, at any time, from the Commercial Communications mentioned in point 9.3. above by accessing the unsubscribe link displayed in the commercial messages received from DualStore or by contacting DualStore in this regard.
9.5. Also, to improve the offer of Goods and Services and the buying experience, we will use your data to carry out market research and opinion polls. The information obtained from these market researches and opinion polls will not be used for advertising purposes, but only for those mentioned above. Your responses to market research and opinion polls will not be associated with your identity and will not be transmitted to third parties or published. You can object to the use of data for market research and opinion polling purposes at any time, by accessing the unsubscribe link displayed in the message or by contacting DualStore.
10. BILLING - PAYMENT
10.1. The prices of the Goods and Services displayed on the website www.dualstore.ro include VAT. according to law.
10.2. The price, payment method and payment term are specified in each 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 necessary for issuing the invoice in accordance with the legislation in force.
10.3. The Seller will send the Buyer the invoice related to the Order containing Goods and/or Services sold by DualStore, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer's Account or by electronic mail, to the mentioned e-mail address by the Buyer in his Account.
10.4. For a correct communication of the invoice related to the Order, the Buyer has the obligation to update his Account data as often as necessary and to access the information and documents related to each Order, existing in the Account.
10.5. Through this method of communication, the Buyer, accessing his Account, will be able to request a copy of the issued invoice/invoices, being able to save and archive them at any time and in any way he wishes.
10.6. By sending the Order, the Buyer expresses his agreement to receive the invoices in electronic format by adding them by DualStore via electronic mail, to the e-mail address mentioned in his Account.
10.7. If this information is unavailable for more than 48 (forty-eight) hours, please notify us of this issue at the email address: [email protected].
10.8 The payment card data of the User/Buyer will not be accessible by DualStore nor will it be stored by DualStore, but by the payment processor integrated in the Site, an entity authorized to provide card identification data storage services, about whose identity the User/Buyer will be informed of, prior to entering the data.
DualStore provides the service in the field of registration and storage of the user's payment card data through the entity authorized to provide card data storage services, * I pay - card payment processor - Europayment services srl - CUI RO18773866
The personal data contained in the tokenization database will be processed in accordance with the provisions of the applicable legislation, in particular Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of this data, which repeals Directive 95/46/EC (hereinafter referred to as "GDPR"). DualStore, as the operator of the personal data contained in the tokenization database, entrusts EuPlatesc with the processing of the data mentioned above, for the purpose of providing the token services.
10.9. The option for payment through the DualStore customer account can be selected by the User or the Buyer.
10.10. In certain cases, to maintain the security of the Transactions, when registering the Order, the Buyer will be asked to authorize the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.
10.11. For transaction security reasons, the User/Buyer is advised not to stay logged in on the Site and not to set the automatic login option on mobile devices. Disclosure of the account access password is not allowed and it is recommended to use a password with a strong security character (eg: to contain at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).
11. DELIVERY OF GOODS
11.1. The delivery conditions of the Goods and Services sold by DualStore can be found in the Order Delivery section.
11.2. The seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
11.3. The seller will deliver the Goods and Services on the territory of Romania, Hungary and Bulgaria
12. WARRANTIES
12.1. All Goods sold by DualStore, with the exception of resealed Goods, benefit from warranty conditions in accordance with the legislation in force and the manufacturers' commercial policies. The goods are new (except resealed goods), in the original packaging and come from sources authorized by each individual manufacturer.
12.2. In the case of Goods sold and delivered by DualStore, the warranty certificates are either issued directly by the seller or by partners. In the case of the guarantee certificates issued by S.C. Starmobilegsm S.R.L., we offer you the "Pick-up & Return" service, which involves taking over and delivering the Goods.
12.3. For the Goods in the Order that benefit from a guarantee based on the guarantee certificates issued by S.C. Starmobilegsm S.R.L., DualStore will send these warranty certificates to the Buyer exclusively in electronic format, by adding the warranty certificate related to the Good in the Buyer's Account or by electronic mail, to the e-mail address mentioned by the Buyer in his Account.
12.4. For a correct communication of the guarantee certificate related to the Good in the Order, the Buyer is obliged to update his Account data whenever necessary and to access the information and documents related to each Order, existing in the Account.
Through this method of communication, the Buyer, accessing his Account on www.dualstore.ro, will have a record of the warranty certificates issued by DualStore, being able to save and archive them at any time and in any way he wishes .
In the event that this information is unavailable for 48 (forty-eight) hours in the customer's account, please notify us of this aspect at the email address: [email protected].
12.5. In the case of warranty certificates issued by manufacturers, we offer you the "Pick-up & Return" service, which involves taking over and delivering the Goods free of charge.
12.6. In the case of resealed Goods, the warranty certificate is issued by DualStore, and the warranty may cover a different period compared to the warranty period of the same new, sealed Good. The warranty period is specified in the warranty certificate for each resealed Good separately. The conditions of use, handling and transportation of a resealed Good are the same as those of sealed products and they benefit from the same services if not stipulated otherwise on the product page.
Warranty details
13. TRANSFER OF OWNERSHIP OF GOODS
13.1. Ownership of the Goods will be transferred upon delivery, after payment has been made by the Buyer at the location indicated in the Order (understood by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the Seller's staff) .
14. LIABILITY
14.1. The Seller cannot be responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance 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 for their loss.
14.2. By creating and using the Account, the User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the Account, and, to the extent permitted by the legislation in force, is responsible for the activity carried out through his Account.
14.3. By creating the Account and/or using the Content and/or placing the Orders, the Customer/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing on the date the Account was created and/or the use of the content and/or the date of placing the Order.
14.4. The Seller reserves the right to periodically update and modify the Terms and Conditions of the Site to reflect any changes in the manner and conditions of operation of the Site or any changes in legal requirements. The document is opposable to Customer/Users/Buyers from the moment it is displayed on the Site. In case of any such modification, we will display the modified version of the Document on the Site, which is why we ask you to periodically check the content of this Document.
15. WRITING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
15.1. the writing of Reviews, Comments, Questions and Answers can be done, by Users/Customers/Buyers, in the "Questions and answers of Customers" and "Reviews" sections. The information entered can be both positive and negative, and will refer to the characteristics and how to use a product or service.
15.2. When registering a specific Review/Comment/Question/Answer on the Site, Users/Customers/Buyers grant the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited license and give the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.
15.3. Each User/Customer/Buyer, when registering a Review/Comment/Question/Answer in the mentioned sections, undertakes to comply with the following rules:
- to refer only to the characteristics and/or how to use a certain product or service, avoiding information related to aspects that can change (price or promotional offers) or information related to the way the Order is carried out;
- to use only the Romanian language. Words or expressions that, although not considered Romanian, are widely used in all environments related to the respective field are also allowed (eg: mouse, notebook, plug and play);
- to use appropriate, non-offensive language, without terms that may offend or affect any other User/Customer/Buyer;
- to ensure the correct framing of the content entered on the Site as follows: any Question will be entered in the "Questions and answers from customers" section, and any Review will be entered in the "Reviews" section;
- to ensure that the information entered by them is realistic, correct, non-deceptive and in accordance with the applicable laws, thus respecting the rights of other parties, copyright, trademark, license or other property rights, publicity or privacy;
- to use this facility only to communicate or obtain additional details about a specific product or service on the Site without referring to other companies that promote the sale and purchase of products or services;
- not to provide or request, in any way and to any extent, personal data (contact details, information about the delivery or home address, telephone numbers, email addresses, name and/or surname, etc.) or any other information that may determine the disclosure of these personal data;
- not to enter information and/or details about URLs (links) from other commercial sites that carry out the same commercial activity as the Seller;
- not to try to defraud the services made available by the Seller or to write Reviews/Comments/Questions/Answers that contain advertising materials;
- not to use the Review/Comment/Question/Answer as a means of communication with the Seller, in this sense the contact details of the Seller registered on the Site will be used.
15.4. In addition to a realistic critical evaluation, when registering a Review, the User/Customer/Buyer will also add a relevant Rating for the related product or service. Reviews, together with their corresponding Ratings, will influence the general Rating of the product or service, a number that appears in parentheses next to their title. Thus, a Review accompanied by a high Rating leads to an increase in the General Rating, and a Review accompanied by a low Rating leads to a decrease in the General Rating.
Users/Customers/Buyers who write Reviews to which they attach photo or video files will comply with the following rules:
- the uploaded files will contain images and/or videos that refer to the product or service for which the Review is being written, ensuring that the uploaded files respect copyright;
- uploaded files will not contain violence, adult content, licentious language or other content that offends a person/group based on race or ethnic origin, religion, disability, sex, age, veteran status, sexual or political orientation;
- uploaded files will not contain information related to other people;
- Uploaded files will not contain URLs or watermarks to sites that carry out the same commercial activity as the Seller.
15.5. When a Review/Comment/Question or Answer is flagged by a User/Customer/Buyer as having inappropriate content, from a strictly subjective perspective, this content is carefully examined by the Seller to determine if it violates the Site Terms and Conditions . The texts, photos or videos entered are removed from the Site only after their examination by the Seller.
15.6. If the Seller finds repeated violations of the Terms and Conditions, it reserves the right to suspend the possibility of the User/Customer/Buyer to post Reviews/Comments/Questions or Answers in the sections "Questions and answers of Customer" and " Reviews".
Any notifications or complaints related to the Goods and/or Service purchased by the Buyers will not be subject to any Review, the latter being obliged to comply with the provisions of chapter 19 below in order to quickly and amicably resolve any such notifications/complaints.
15.7. The reviews will be displayed in the form:
- "Verified purchase" - The review is published by a Buyer who purchased the Good/Service from DualStore
- Without the inscription Verified Purchase – The review is published by a User who did not purchase the Good/Service through DualStore or DualStore has no information about this purchase
16. PERSONAL DATA PROCESSING
16.1. Please read the Privacy Policy regarding the processing of personal data, which is part of this Document.
16.2. At the same time, please bear in mind that when you interact by phone with DualStore representatives, these conversations may be recorded in order to identify your needs, analyze the quality of the services offered by DualStore and improve them.
You will be informed before the start of the call, and in the event that you continue the phone call, we will consider that we have your consent for the recording of the conversation. If you do not agree with the registration, you can contact us through the other channels mentioned in the Contact section, available here, including through the Online Support chat functionality. For more details on registration, withdrawal of consent and data processing activities, see the Privacy Policy.
17. USE OF COOKIES
17.1. See the Cookies Policy, which is part of this Document.
18. MAJOR FORCE
18.1. None of the parties will be responsible for non-execution of its contractual obligations, if such non-execution on time and/or in an appropriate manner, in whole or in part, is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.
18.2. If, within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party will have the right to notify the other party of the full termination of the contract without any of them being able to claim other damages-interests from the other.
19. APPLICABLE LAW – JURISDICTION. REPORTS AND COMPLAINTS. ALTERNATIVE DISPUTE RESOLUTION (SAL/SOL)
19.1. This document is subject to Romanian law. In case of any disputes arising between the Seller and Users / Buyers, an amicable solution will be tried first. This chapter and the procedure below represent proof of the Seller's willingness to resolve quickly, efficiently, amicably, alternatively, extra-judicially, the notices/complaints/litigations in which he is a party, using all the legal mechanisms and measures applicable in Romania.
19.2. Thus, for notifications or complaints related to the purchased Good and/or Service, the Buyers have at their disposal at any time the possibility of sending by email to the [email protected] address. The maximum term for solving complaints or notifications by the Seller is 30 calendar days from the date of their receipt.
If the Buyers:
do not receive a response from the Seller at the expiration of 30 days; or
receive a response from the Seller after this deadline; or
are dissatisfied with the way in which the notification/complaint was handled by the Seller;
can appeal to the alternative resolution procedures (SAL/SOL) presented below and subsequently to the competent courts according to art. 19.7 of this document.
19.3. SAL represents an alternative mechanism to the judicial system, through which consumers are offered the opportunity to resolve potential disputes, when they are faced with a problem related to the purchase of a Good and/or a Service. Thus, reports or complaints against traders will be submitted voluntarily by consumers, and will be resolved in an independent, impartial, transparent, fast and fair manner. Access to this alternative way of solving can be done both online according to point 19.5 below, and through the classic methods, on paper or another durable medium according to art. 19.4. From lower.
19.4. With a view to alternative dispute resolution, the Buyer's notification or complaint can be submitted in writing directly to The Department of Alternative Dispute Resolution of the National Authority for Consumer Protection at the following contact details: address: address: Bucharest, Boulevard Aviatorilor no. 72, sector 1, postal code 011865, phone: 021.307.67.69; fax: 021.314.34.62, e-mail: [email protected]. The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection is competent to alternatively resolve national and cross-border disputes arising from sales contracts or service contracts concluded with a trader operating in Romania and is included in the list of ADR entities at the level European, available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2". For even more details, Buyers can access the link displayed on the website in the ANPC - SAL section.
19.5. Considering the provisions of Regulation (EU) no. 524/2013 regarding the online resolution of consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC, the User/Buyer has the possibility to opt for the out-of-court settlement of any disputes, and by using the European online dispute resolution platform (SOL platform), a digital tool created by the European Commission to facilitate the independent, impartial, transparent, effective, fast and fair settlement, by extrajudicial means, of disputes concerning contractual obligations resulting from contracts for the sale or provision of online services between a consumer residing in the European Union and a merchant established in the European Union. In this sense, the existing link in the section: Online Dispute Resolution can be accessed.
19.6. SAL and SOL do not represent two different mechanisms for solving possible notifications/complaints. The buyer understands that the alternative solution of disputes and the online resolution of disputes exist as a single mechanism, representing one and the same instrument, with an identity of purpose, object and finality between them. The buyer understands that the distinction between SAL and respectively SOL is represented by the method of access / the initial format of the respective notification/complaint, so that in the case of SAL, the form of addressing the consumer is a classic type, in writing (by email, by post) that in the case of SOL, the consumer opts for the use of completing an existing form on a digital platform, exclusively online.
19.7. In the event that the amicable or alternative resolution of complaints/complaints/litigation will not be possible, or a mutual consensus will not be reached, they will be resolved by the competent Romanian courts in the Municipality of Bucharest.
20. INFORMATION ON WEEE
20.1. Waste electrical and electronic equipment (WEEE) can contain dangerous substances that have a negative impact on the environment and human health if they are not collected separately.
Considering the provisions of GEO 195/2005 - regarding environmental protection and G.O.G. 5/2015 regarding electrical and electronic equipment waste, customers will consider the following:
20.1.1. buyers have the obligation not to dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste and to collect this WEEE separately;
20.1.2. the collection of this waste (WEEE) will be carried out through the public WEEE collection service, directly by eMAG and through collection centers organized by economic operators authorized for the collection of WEEE;
20.1.3. customers can hand over WEEE for free at the specified collection points when purchasing a new product of the same category; thus, eMAG applies the WEEE collection policy in a one-to-one equipment takeover system, according to the legislation in force, if the delivered equipment is equivalent and has fulfilled the same functions as the newly supplied equipment; eMAG customers can hand over equivalent WEEE at all eMAG Showrooms;
20.1.4. DualStore ensures collection, during working hours, from end users, free of charge, without their obligation to buy EEE of an equivalent type
20.2. The symbol that indicates that electrical and electronic equipment is subject to separate collection is a wheelie bin marked with a cross, as in the attached image.
See here WEEE symbol
20.3. This icon indicates that WEEE should not be mixed with household waste and that they are subject to separate collection.
21. Annex IV of Regulation (EU) no. 1016/2010 of the commission of November 10, 2010
implementing Directive 2009/125/EC of the European Parliament and of the Council regarding the ecological design requirements applicable to household dishwashers.
Reference values