Terms and conditions
1. DEFINITIONS AND TERMS
Buyer: natural person / legal entity or any legal entity that makes an Account on the Site and / or places an Order.
Customer: the natural person / legal entity that has or obtains access to the CONTENT, by any means of communication provided by innergy (electronic, telephone, etc.) or based on an existing user agreement between innergy and it and which requires the creation and use of an ACCOUNT.
User: any natural / legal person registered on the Site, who, by completing the process of creating the Account or order, has given his consent to the specific clauses of the Site in the General Terms and Conditions section.
Account: the section of the Site consisting of an e-mail address and a password that allows the Buyer to send the Order and which contains information about the Customer / Buyer and the Buyer’s history on the Site (Orders, tax invoices, etc.).
Website: www.innergy.ro domain and its subdomains.
Order: 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 Site, his intention to purchase Goods from the Site.
Orders through the site are exclusively for individuals. Goods purchased by individuals may not be resold or exposed for resale, being strictly for personal consumption. Legal entities wishing to purchase goods for resale are required to enter into written contracts and to meet certain conditions; the sine qua non condition being that of an authorized pharmacy.
The information published on this site is exclusively recommendations that do not replace the advice of a healthcare professional. Always follow its instructions.
Goods: any product to be supplied by the Seller to the Buyer as a result of the Contract.
Contract: represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
- all information on the website that can be visited, viewed or otherwise accessed using electronic equipment;
- the content of any e-mail sent to Buyers by the Seller by electronic means and / or any other available means of communication;
- 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 tariffs charged by the Seller during a certain period;
- data relating to the Seller, or other privileged data of the Seller.
Blog: is part of the content and is a collection of articles written in relation to lifestyle or health.
Review: A written evaluation by the owner or recipient of a product or service, an evaluation based on personal experience and ability to make qualitative comments and whether or not the product or service meets the manufacturer’s specifications.
Rating: a way of expressing the satisfaction of a User / Customer / Buyer vis-à-vis a product.
Comment: Critical appreciation or comment added by User / Customer / Buyer in response to an innergy Blog post.
Document: these Terms and Conditions.
Newsletter: means of periodic information, exclusively electronic, respectively electronic mail (e-mail, SMS) on the Goods and / or promotions carried out by the Seller during a certain period, without any commitment on the part of the Seller regarding the information contained therein.
Transaction: the collection or reimbursement of an amount resulting from the sale of a Good by Innergy to the Buyer, by using the payment services agreed by the Seller, regardless of the method of delivery.
Specifications: all specifications and / or descriptions of the Goods as specified in their description.
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 carries out its commercial operations.
2.2. The notification received by the Buyer, after the execution of 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 the Goods in the Order. If you change the quantity of Goods in the Order, the Buyer will notify you at the e-mail address or telephone number provided to the Seller when placing the Order and will return the amount paid, if any.
2.4. The contract is considered concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, by e-mail and / or SMS of the notification of dispatch of the Order.
2.5. This Document and the information provided by the Seller on the Site will form the basis of the Contract.
3. ONLINE SALES POLICY
3.1. Access to place an Order is permitted to any Customer / Buyer.
For justified reasons innergy reserves the right to restrict the access of the Customer / Buyer in order to place an Order and / or some of the accepted payment methods, if it considers that based on the conduct or activity of the Customer / Buyer on the Site, its actions it could harm innergy in some way. In any of these cases, the Customer / Buyer may contact innergy’s Customer Service Department for information on the reasons that led to the application of the above measures.
3.2. Communication with the Seller can be done by direct interaction with him or by the addresses mentioned in the „contact” section of the Site. The seller is free to manage the information received without having to justify it.
3.3. In the event of an unusually high volume of traffic from an internet network, innergy reserves the right to require Customers / Buyers to enter captcha validation codes manually in order to protect the information on the Site.
3.4. Innergy may publish on the Site information about Goods and / or Services and / or promotions practiced by it during a certain period of time and within the limit of available stock.
3.5. All tariffs related to the Goods presented on the Site are expressed in lei (RON) and include VAT.
3.6. In the case of online payments the Seller is not / cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees charged by the issuing bank of his card, if the currency of its issuance differs from RON. Only the Buyer is responsible for this action.
3.7. All the information used to describe the Goods available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.
4. ASSIGNMENT AND SUBCONTRACTING
4.1.The Seller may assign and / or subcontract a third party for Services related to the fulfillment of the Order, with the information of the Buyer, without the consent of the Buyer. The Seller will always be liable to the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the Site, is the exclusive property of Innergy. i reserved all rights obtained for this purpose directly or indirectly (through use and / or publication licenses).
5.2. Customer / Buyer is not permitted 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 the original intended by Innergy, include any Content in off the Site, the removal of the signs that signify the copyright of Innergy over the Content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of Innergy.
5.3. Any Content to which Customer / Buyer has and / or obtains access by any means is subject to the Document, unless the Content is not accompanied by a specific and valid user agreement between Innergy and it, and without any implied warranty. or expressly made by Innergy with respect to that Content.
5.4. Customer / Buyer may copy, transfer and / or use the Content only for personal or non-commercial purposes only if it does not conflict with the provisions of the Document.
5.5. If Innergy grants Customer / Buyer the right to use, as described in a separate user agreement, certain content to which Customer / Buyer has or obtains access as a result of such agreement, this right extends only to him or her. those contents defined in the agreement, only during its existence 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 from Innergy for that Customer / Buyer or any other third party who has / obtains access to this transferred content, by any means and who may be or is harmed in any way as a result of this content, during or after the expiration of the user agreement.
5.6. No Content transmitted to Customer 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 Innergy and / or the employee / representative of Innergy which mediated the transfer of the Content, if any, to that Content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying use agreement, if any, is prohibited.
6.1. The Customer / Buyer can place Orders on the Site, by adding the desired Goods to the shopping cart, following to complete the Order by making the payment in one of the ways expressly indicated or by choosing payment by cash on receipt of the Goods. Once added to the shopping cart, a Good is available for purchase as long as there is stock available for it. The addition of a Good to the shopping cart, in the absence of the completion of the Order, does not entail the registration of an order, implicitly also the automatic reservation of the Good.
6.2. By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
6.3. By completing the Order, the Buyer agrees that the Seller may 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 may cancel the Order placed by the Buyer, following a prior notification to the Buyer, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other party in the following cases:
6.4.1. non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by Innergy, in case of online payment;
6.4.3. the data provided by the Customer / Buyer on the Site are incomplete and / or incorrect;
6.4.4. non-acceptance of the payment of the value of the Good / Goods when the Buyer receives them by courier.
6.5. The buyer has the right to withdraw from the Contract, respectively to return a Good within a maximum of 48 hours from the moment of receiving the order provided that the original packaging is intact.
6.6. If the Buyer decides to withdraw from the Contract, he will be able to write an email stating the wish to withdraw and the Good (s) in question by writing an e-mail to email@example.com.
6.7. If the Customer / Buyer requests the withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the product. If the Order is paid, the Seller will refund the amount within a maximum of 14 (fourteen) days from the date of informing the Seller by the Buyer of his decision to withdraw from the Contract. The amount will be refunded as follows:
6.7.1. for orders paid by online card -> by refund to the account from which the payment was made;
6.7.2. for Orders paid with Op / Refund / iTransfer / Bank Card -> by bank transfer;
6.8. The seller will be able to defer the refund until receipt of the goods sold or until receipt of proof that they have been shipped, if he has not offered to recover the goods himself (the most recent date will be taken).
6.9. If a Good ordered by the Buyer cannot be delivered by the Seller, the Seller will inform the Customer / Buyer of this fact and will return to the Buyer’s account the value of the Good, within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or the date on which the Buyer expressly expressed its intention to terminate the Contract.
7.1. The information of any kind provided by the Buyer / Customer to the Seller, will remain the property of the Seller.
7.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer / Customer regarding the Order / Contract without the prior written consent of the Seller.
7.3. 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 such materials or information. You also agree that the Seller may freely use, in its own interest, such ideas, concepts, know-how or techniques that you have sent to us through the Site. Innergy will not be subject to obligations regarding the confidentiality of the information sent, unless the legislation in force provides for other specifications in this regard.
7.4. By registering in the Innergy database, the Customer / Buyer expressly consents, within the limits of the legislation in force, to be contacted by third parties, partners of Innergy: marketing service providers, other service providers; state or government agencies where specific legislation so provides; other companies with which Innergy can develop joint programs for offering goods and / or services on the market, etc.
8.1. Innergy newsletters are sent through Innergy’s specialized and approved partners. This ensures the confidentiality and security of your information.
8.2. When the Client creates an Account on the Site, he has the possibility to express his agreement regarding the receipt of Newsletters. The option regarding the agreement issued by the Customer can be modified at any time by contacting Innergy in this regard.
8.3. The waiver of the receipt of the Newsletters by the Client or the Buyer can be done at any time using the specially designed link in any Newsletter or by writing an e-mail to firstname.lastname@example.org.
8.4. Waiver of receipt of Newsletters does not imply waiver of acceptance of this Document.
9. BILLING – PAYMENT
9.1. The prices of the Goods displayed on the Site www.innergy.ro are including VAT according to law.
9.2. The price, payment method and payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the delivered Goods, the obligation of the Buyer being to provide all the information necessary to issue the invoice in accordance with the legislation in force (including C.N.P.)
9.3. The Seller will send to the Buyer the invoice related to the Order containing Goods sold by Innergy exclusively in electronic format, by adding the invoice in the Buyer’s Account or by e-mail, to the e-mail address mentioned by the Buyer in his Account.
9.4. For the correct communication of the invoice related to the Order, the Buyer has the obligation to update whenever necessary the data from his Account and to access the information and documents related to each Order, existing in the Account or to access his account. email corresponding to the address sent.
9.5. Through this method of communication, the Buyer, accessing the Account or the e-mail, will keep a record of the invoices issued by Innergy, being able to save and archive them in his turn at any time and in any way he wishes.
9.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by adding them by Innergy in his Account by e-mail to the e-mail address mentioned in his Account.
9.7. If this information is unavailable for more than 48 (forty-eight) hours in the Account, please notify us at the email address: email@example.com.
9.8. Payment for the Goods will be made by the Buyer to the delivery agent of the chosen courier. Payment is made in cash or by card and the agent will issue a receipt for cash payments.
10. DELIVERY OF GOODS
10.1. The Seller undertakes to deliver the Goods by door-to-door courier to the Buyer.
10.2. The seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
10.3. The Seller will deliver the Goods only on the Romanian territory.
10.4. The cost of delivery of the Goods is borne by the Buyer, except for the free delivery situations specified on the Site.
11.1. The innergy goods do not benefit from the guarantees, apart from the possible but unlikely damages during the transport.
12. TRANSFER OF PROPERTY OWNERSHIP
12.1 Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning delivery – signing of receipt of the transport document provided by the courier or signing of receipt on tax invoice in case of deliveries made by Seller’s staff).
13.1. The information published on this site is exclusively a recommendation that does not replace the advice of your doctor or any healthcare professional. Always follow the instructions of your doctor or healthcare professional. Innergy cannot be held responsible for any misuse of its Goods or for any other conduct related to the health of the Customer / User / Buyer.
13.2.Seller shall not be liable for damages of any kind that Buyer or any third party may suffer as a result of the Seller’s fulfillment of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for their loss.
13.3. By creating and using the Account, Customer / User / Buyer assumes responsibility for maintaining the confidentiality of Account data (username and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity of the Account or
13.4. by creating the Account and / or using the Content and / or placing Orders, 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 at the time of account creation and / or the use of the Content and / or the date of placing the Order.
13.5. Subsequent to the creation of the Account, the use of the Content is equivalent to accepting the changes made to the Site Terms and Conditions and / or the updated versions of the Site Terms and Conditions.
13.6. The Terms and Conditions of the Site may be modified at any time by INNERGY®, which is enforceable against Customers / Users / Buyers from the date of posting on the Site. Acceptance of the Site Terms and Conditions is confirmed by checking the appropriate checkbox on the Site and / or by sending the Order and / or making an online payment.
14. REGISTRATION OF REVIEWS AND / OR COMMENTS
14.1. The registration of Reviews and / or Comments can be done, by Users / Customers / Buyers, in the “Comments” and “Reviews” sections. The information entered can be both positive and negative, and will refer to the features and use of a product or the content of a blog post.
14.2. Upon registration of a particular Review or Comment on the Site, Users / Customers / Buyers grant the Seller a non-exclusive, perpetual, irrevocable, unlimited territorial license and entitle the Seller to use, reproduce, modify, adapt, publish, translate, distribute and to display this Content.
14.3. Each User / Customer / Buyer, at the time of entering the Review / Comment in the mentioned sections, undertakes to respect the following rules:
– refer only to the features and / or use of a particular product, avoiding information about matters that may change (price or promotional offers) or information relating to the conduct of the Order;
– to use only the Romanian language. Words or phrases that, although not considered Romanian, are widely used in all media related to the respective field (eg mouse, notebook, plug and play) are also allowed;
– use appropriate, non-offensive language, without terms that may offend or affect any other User / Customer / Buyer;
– to ensure the correct classification of the Content entered on the Site as follows: any Comment will be entered in the “Comments” section and any Review will be entered in the “Reviews” section;
– ensure that the information provided by them is realistic, correct, not misleading and in accordance with applicable law, thus respecting the rights of other parties, copyright, trademark, license or other proprietary, advertising or privacy rights;
– use this facility only to communicate additional details regarding a particular product or article on the Site without referring to other companies that promote the sale and purchase of products or services;
– do not provide or request, in any way or in any way, personal data (contact details, information on delivery or home address, telephone numbers, email addresses, first and last name, etc.), or any other information that may lead to the disclosure of such 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 provided by the Seller or to submit Reviews / Comments containing materials of an advertising nature;
– not to use the Review / Comment as a means of communication with the Seller, in this sense the contact details of the Seller registered on the Site will be used.
14.4. In addition to a realistic critical evaluation, a User / Customer / Buyer will add a relevant Rating for the related product when submitting a Review. Reviews, along with their respective ratings, will influence the overall rating of the product or service, the number that appears in parentheses next to their title. Thus, a review with a high rating leads to an increase in the overall rating, and a review with a low rating leads to a decrease in the overall rating.
14.5. When a Review / Comment is reported by a User / Customer / Buyer as having inappropriate Content, from a strictly subjective perspective, that Content is carefully reviewed by the Seller to determine whether it is in violation of this Document. The texts entered are removed from the Site only after their examination by the Seller.
14.6. If the Seller finds a violation of the Terms and Conditions repeatedly, it reserves the right to suspend the User / Customer / Buyer’s ability to post Reviews / Comments in the „Comments” and „Reviews” sections.
14.7. For notifications or complaints related to the Purchased Good, Buyers may contact the Seller at firstname.lastname@example.org. The maximum term for resolving complaints or notifications is 30 calendar days from their receipt.
15. PROCESSING OF PERSONAL DATA
15.1. Innergy processes your personal data only in order to carry out the activity of online sale of the Goods displayed on the site (including taking orders, delivery and invoicing of the Goods).
For more information, see the GDPR Policy Information Note
16. MAJOR POWER
16.1. Neither party shall be liable for any breach of its contractual obligations if such failure to perform in a timely and / or appropriate manner, in whole or in part, is due to force majeure. Force majeure is an unpredictable event beyond the control of the parties and cannot be avoided.
16.2. If within 15 (fifteen) days from the date of its occurrence, the respective 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 damages from the other.
17. APPLICABLE LAW – JURISDICTION
17.1. This Document is subject to Romanian law. Any disputes between Innergy and Customers / Buyers / Users will be settled amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in Constanta.