DEFINITIONS AND TERMS

Heffaeurope.com – is the trade name of S.C. HEFFA CARGO SYSTEMS S.R.L., a Romanian legal entity, headquartered in City of Chisoda, Calea Sagului Street No. 235, 1St Floor, Office b4, County of TIMIȘ, registered under the Trade Register number J35/3281/2018, with VAT registration code RO39909082.

Seller – Heffaeurope.com.

Buyer – a natural person/legal entity or any legal entity that creates an account on the Site or places an order on the site.

Client – a natural person/legal entity who has or obtains access to CONTENT through any means of communication provided by Heffaeurope.com (electronic, telephone, etc.) or based on an existing usage agreement between Heffaeurope.com and the client, requiring the creation and use of an ACCOUNT.

User – any natural/legal person registered on the Site, who, by completing the Account creation process, agrees to the specific clauses of the site in the Terms and Conditions section.

Nickname/Username – a pseudonym by which a User/Client/Buyer can add Content to the Site. The Nickname is associated with the User/Client/Buyer’s Site information under the name “Username.”

Account – the section of the Site consisting of an email address and a password that allows the Buyer to place an Order and contains information about the Client/Buyer and the Buyer’s history on the Site (Orders, invoices, warranty for Goods, etc.).

Site – the domain www.Heffaeurope.com and its subdomains.

Order – an electronic document that serves as a form of communication between the Seller and the Buyer, in which the Buyer communicates to the Seller, through the Site, the intention to purchase Goods and Services from the Site.

Goods and Services – any product or service, including the documents and services mentioned in the Order, to be provided by the Seller to the Buyer under the concluded Contract.

Campaign – the action of commercially exposing a finite number of Goods and/or Services with limited and predefined stock for a limited period set by the Seller.

Contract – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

Content • all information on the Site that can be visited, viewed, or otherwise accessed through the use of electronic equipment; • the content of any email sent to Buyers by the Seller via electronic means and/or any other available means of communication; • any information communicated by an employee/collaborator of the Seller to the Buyer, according to the contact information, specified or not by the Buyer; • information related to the Goods and/or Services and/or the prices practiced by the Seller in a certain period; • information related to the Goods and/or Services and/or the prices practiced by a third party with whom the Seller has partnership agreements, in a certain period; • data about the Seller or other privileged data of the Seller.

Document – these Terms and Conditions.

Newsletter – a means of periodic information, exclusively electronic, i.e., email, SMS, about Goods and Services and/or promotions carried out by the Seller in a certain period, with no commitment from the Seller regarding the information contained.

Transaction – the collection or refund of an amount resulting from the sale of a Good and/or Service by Heffaeurope.com to the Buyer, using the services of the payment processor agreed upon by the Seller, regardless of the delivery method.

Specifications – all specifications and/or descriptions of Goods and Services as specified in their description.

 

2.CONTRACTUAL DOCUMENTS

2.1. By placing an Order on the Site, the Buyer agrees to the form of communication (phone/WhatsApp or email) through which the Seller carries out its commercial operations.

2.2. The notification received by the Buyer, after placing the Order, serves as information and does not constitute acceptance of the Order. This notification is made electronically (email) or by phone.

2.3. For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in the Order. If the quantity of Goods and/or Services in the Order is modified, the Seller will notify the Buyer at the email address or phone number provided to the Seller when placing the Order and will refund the amount paid.

2.4. The Contract is considered concluded between the Seller and the Buyer when the Buyer receives from the Seller, through email and/or SMS, the notification of the Order shipment.

2.5. For Orders to be delivered to Heffaeurope.com showrooms and delivery points, the prices and reservations of Goods and/or Services are valid for 48 (forty-eight) hours from the registration of the Order by the Buyer.

2.6. The document and information provided by the Seller on the Site will be the basis of the Contract, and in addition to this, the warranty certificate issued by the Seller or its supplier for the purchased Goods will complete it.

3. ONLINE SALES POLICY

3.1. Access for placing an Order is allowed to any Client/Buyer. For justified reasons, Heffaeurope.com reserves the right to restrict the access of the Client/Buyer for the placing of an Order and/or to some of the accepted payment methods if it considers that based on the Client/Buyer’s conduct or activity on the Site, its actions could harm Heffaeurope.com in any way.

3.2. Product information and prices on the Site are subject to change at any time and without notice. The photos are informative, and the products delivered may differ from them.

3.3. To access the Campaigns and promotions, the Client/Buyer will follow the instructions on the Site and/or receive information from Heffaeurope.com by subscribing to the Newsletter.

3.4. All tariffs displayed on the Site are expressed in Euros (EUR) and include VAT.

3.5. The Seller may unilaterally cancel an Order placed by the Buyer, without prior notice to the Buyer. In this case, the Seller will return the amount paid by the Buyer in the Seller’s account or by bank transfer.

3.6. The Seller will not be held responsible for the errors occurred due to the Buyer’s fault or for the inaccessibility of the Site.

3.7. The Seller is not responsible for the manner in which the products presented on the Site are used.

3.8. The Seller will not be liable for any direct or indirect damages resulting from the use or inability to use the purchased products.

4.THE ORDER
4.1. The Buyer can place Orders on the Site by adding the desired Goods and/or Services to the shopping cart, following the order placement steps.

4.2. The Buyer has the right to choose only the Goods and/or Services in the Seller’s offer and available in stock.

4.3. By completing the Order, the Buyer agrees that all the data provided by the Buyer, necessary for the purchase process, is correct, complete, and true at the date of placing the Order.

4.4. By completing the Order, the Buyer agrees that the Seller can contact him, using any available means agreed by the Seller, in any situation requiring the Seller’s contact.

4.5. The Seller may cancel the Order placed by the Buyer, following a prior notification to the Buyer, without any subsequent obligation of any party to the other or without any party claiming damages from the other in the following cases: a. non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in case of online payment; b. invalidation of the transaction by the card processor approved by Heffaeurope.com, in the case of online payments; c. the data provided by the Client/Buyer on the Site is incomplete and/or incorrect; d. the Buyer’s activity on the Site may harm Heffaeurope.com in any way; e. the Buyer is a repeated offender concerning the use of online payment services.

4.6. By completing the Order, the Buyer agrees that the Seller can send him a feedback request after the Order has been delivered.

4.7. The Seller can cancel the Order unilaterally, without prior notice to the Buyer and without subsequent obligations of any party to the other, and without any party claiming damages from the other in the event of force majeure. The force majeure will be communicated by the Seller to the Buyer within 5 (five) days of its occurrence.

5. PAYMENT 5.1. The payment of the Goods and/or Services can be made in one of the following ways: a. online, by credit/debit card, through the secured payment processor PayPal, BtPay (BancaTransilvania), or STRIPE,  b. online, by bank transfer into our bank account.

5.2. The Seller may periodically change the payment methods available on the Site.

5.3. For the online payments, the Seller is not/cannot be held responsible for any additional cost incurred by the Buyer, including but not limited to exchange fees applied by the card issuer of the Buyer if the currency of the Buyer’s card is not Euro. The responsibility for this action lies exclusively with the Buyer.

5.4. The Seller will issue to the Buyer an invoice for the Goods and/or Services delivered, and the Buyer agrees to provide all the necessary information for the invoice in accordance with the legislation in force.

5.5. For the payment method chosen by the Buyer, the Seller will issue an invoice to the Buyer, and the Buyer agrees to provide all the necessary information for the invoice in accordance with the legislation in force.

6.DELIVERY

6.1. The delivery of the Goods and/or Services is done by one of the Seller’s employees or by a courier company, in the Seller’s standard delivery conditions.

6.2. The delivery term is considered respected if the Seller has handed over the Goods and/or Services to the Buyer or has handed them over to the courier company, regardless of whether the Buyer has received the Goods and/or Services.

6.3. The Seller has the right to delay the delivery of the Goods and/or Services if unforeseen exceptional circumstances occur.

6.4. The Seller will deliver the Goods and/or Services according to the Order, within the available stock limit.

6.5. The Seller reserves the right not to honor an Order if the Goods and/or Services are out of stock, and the amounts paid by the Buyer will be returned in full, or the Buyer will opt for a similar product.

6.6. If the delivery cannot be performed for reasons related to the unavailability of the Goods and/or Services ordered by the Buyer, the Seller will inform the Buyer of this fact and will return to the Buyer the value of the Goods and/or Services in the account specified by the Buyer or will offer the Buyer the possibility to purchase other Goods and/or Services available in stock.

7.WARRANTY
7.1. The Goods and/or Services marketed by the Seller are subject to the legal provisions in force.

7.2. The warranty certificate issued by the Seller and/or the supplier of the Goods, as the case may be, is accompanied by the Goods and/or Services.

7.3. In case the Goods and/or Services were purchased online and delivered by courier, the Buyer may exercise the right of withdrawal from the Contract within 14 days, in accordance with the legislation in force, and may return the Goods and/or Services, without invoking any reason and without incurring any costs other than the direct return costs.

7.4. The return of the Goods and/or Services by the Buyer must be made in the original packaging, with all accompanying documents. If the returned Goods and/or Services show traces of wear, have missing accessories, or do not comply with the legal provisions in force, the Seller reserves the right to refuse the return.

7.5. The return of the Goods and/or Services by the Buyer will be made, at the choice of the Buyer, through the return form made available by the Seller on the Site.

7.6. The Seller will refund the value of the returned Goods and/or Services within 14 days from the date on which the Seller was informed by the Buyer of the decision to withdraw from the Contract.

7.7. The Seller will refund the value of the returned Goods and/or Services in the bank account specified by the Buyer.

7.8. The Seller has the right to postpone the refund of the value of the Goods and/or Services until the Goods and/or Services are returned and verified.

7.9. The Seller reserves the right to change the content and structure of the Site at any time, without prior notice to the Buyer.

7.10. The Seller reserves the right to restrict the Buyer’s access to the Site, including the right to place Orders if he considers that based on the Client/Buyer’s conduct or activity on the Site, its actions could harm Heffaeurope.com in any way.

8.LIABILITY

8.1. The Seller undertakes to make all possible efforts to ensure the operation of the Site and to provide access to the Goods and/or Services, to update the information and to offer support to the Buyer for the smooth completion of the Order.

8.2. The Seller is not responsible for any errors, inaccuracies, or failures of the Site, the content, and the information provided, including the prices displayed.

8.3. The Seller is not responsible for the damages caused by the use of the Goods and/or Services purchased through the Site.

8.4. The Seller will not be liable for any direct or indirect damages resulting from the use or inability to use the purchased products.

8.5. The Seller is released from liability if the execution of the Contract becomes impossible due to a force majeure event.

8.6. If the Contract is terminated, the Seller will return to the Buyer the amount paid for the Goods and/or Services, within a maximum of 14 days from the date of termination of the Contract.

9.FORCE MAJEURE

9.1. Force majeure is the unpredictable event, beyond the control of the parties, and which cannot be avoided.

9.2. If, within 5 (five) days from the occurrence of the force majeure, the 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 claiming damages from the other.

9.3. If the force majeure event extends for more than 5 (five) days, any of the parties may notify the other party of the termination of the Contract.

9.4. The party invoking force majeure will provide evidence to this effect.

10.APPLICABLE LAW AND JURISDICTION

10.1. The rights and obligations of the parties provided by the Contract, as well as all the legal effects that the Contract will produce, will be interpreted and governed by the Romanian law in force.

10.2. Any disputes between the Seller and the Buyer will be settled amicably. If amicable settlement is not possible, the dispute will be settled by the competent Romanian courts.

These General Terms and Conditions have been drawn up in Romanian and English and will be interpreted in the Romanian language.

These General Terms and Conditions can be modified by Heffaeurope.com at any time, and any changes will be effective immediately for the Orders placed subsequently to their modification. For this reason, we recommend periodically reading the General Terms and Conditions in order to be informed of any changes.

The placing of an Order implies the Buyer’s acceptance of the General Terms and Conditions in the version existing on the Site at the date of placing the Order.

These General Terms and Conditions were last updated on 1st of December 2023.

Buyer’s rights in case of a dispute:

• The Buyer has the right to address the National Authority for the Supervision of Personal Data Processing (ANSPDCP) and the competent courts for the protection, where appropriate, of his rights guaranteed by law.
• The Buyer has the right to object at any time, free of charge and without any justification, to the processing of his personal data for direct marketing purposes, by sending a written request, dated and signed, to the address mentioned in the “Contact” section of the Site.

Seller’s contact details: SC HEFFA CARGO SYSTEMS SRL RO 4.3. To access the Campaigns and promotions, the Client/Buyer will follow the instructions on the Site and/or receive information from Heffaeurope.com by subscribing to the Newsletter. 4.4. All tariffs displayed on the Site are expressed in Euros (EUR) and include VAT.

4.5. The Seller may unilaterally cancel an Order placed by the Buyer, without prior notice to the Buyer. In this case, the Seller will return the amount paid by the Buyer in the Seller’s account or by bank transfer.

4.6. The Seller will not be held responsible for the errors occurred due to the Buyer’s fault or for the inaccessibility of the Site.

4.7. The Seller is not responsible for the manner in which the products presented on the Site are used.

4.8. The Seller will not be liable for any direct or indirect damages resulting from the use or inability to use the purchased products.

The terms and conditions you’ve posted seem to cover various aspects of the buyer-seller relationship on Heffaeurope.com. Below is a summary of the key points and sections:

11. General Provisions

1.1. Introduction to the terms and conditions.

2. Definitions

2.1. Explanation of terms used in the document.

3. Site Usage

3.1. Seller’s right to restrict access based on buyer behavior. 3.2. Product information and pricing subject to change. 3.3. Access to campaigns and promotions. 3.4. Pricing displayed in Euros (EUR) including VAT. 3.5. Seller’s right to unilaterally cancel orders under certain circumstances. 3.6. Seller not responsible for buyer errors or site inaccessibility. 3.7. Seller not responsible for product usage. 3.8. Seller not liable for direct or indirect damages.

4. The Order

4.1. Buyer can place orders by following specified steps. 4.2. Buyer’s right to choose goods/services in stock. 4.3. Buyer agrees to provide correct data for the order. 4.4. Seller’s right to contact the buyer. 4.5. Seller’s right to cancel orders under specific conditions. 4.6. Buyer agrees to feedback requests. 4.7. Seller can cancel orders due to force majeure.

5. Payment

5.1. Payment methods: online (card, bank transfer) or cash on delivery. 5.2. Seller may change payment methods. 5.3. Seller not responsible for additional costs in online payments. 5.4. Seller issues an invoice; buyer provides necessary information. 5.5. Invoice issued for the chosen payment method.

6. Delivery

6.1. Delivery by seller’s employees or courier. 6.2. Delivery term considered met upon handover to buyer/courier. 6.3. Seller’s right to delay delivery due to exceptional circumstances. 6.4. Delivery according to order and available stock. 6.5. Seller’s right not to honor orders if goods/services are out of stock. 6.6. Options if delivery cannot be performed.

7. Warranty

7.1. Goods/services subject to legal provisions. 7.2. Warranty certificate provided. 7.3. Buyer’s right to withdraw from the contract within 14 days for online purchases. 7.4. Conditions for returning goods/services. 7.5. Return process through provided form. 7.6. Seller’s refund process. 7.7. Refund in the buyer’s bank account. 7.8. Seller’s right to postpone refund until goods/services are returned and verified. 7.9. Seller’s right to change site content and structure. 7.10. Seller’s right to restrict buyer’s access to the site.

8. Liability

8.1. Seller’s commitment to ensuring site operation and order completion support. 8.2. Seller not responsible for site errors, inaccuracies, or failures. 8.3. Seller not responsible for damages caused by product use. 8.4. Seller not liable for direct or indirect damages. 8.5. Seller released from liability in case of force majeure. 8.6. Refund process if the contract is terminated.

9. Force Majeure

9.1. Definition of force majeure. 9.2. Right to terminate the contract if the force majeure event lasts for 5 days. 9.3. Right to terminate the contract if the force majeure event lasts for more than 5 days. 9.4. Party invoking force majeure must provide evidence.

10. Applicable Law and Jurisdiction

10.1. Rights and obligations governed by Romanian law. 10.2. Disputes settled amicably or by Romanian courts. 10.3. Acknowledgment of terms in both Romanian and English. 10.4. Notification of any changes in terms.

11. Buyer’s Rights in Case of Dispute

• Right to address the National Authority for the Supervision of Personal Data Processing (ANSPDCP).
• Right to object to the processing of personal data for direct marketing purposes.

12. Seller’s Contact Details

• Seller’s contact information.

13. Last Update

• Date of the last update to the terms and conditions.

Please note that this is a summarized overview, and for legal purposes, it’s advisable to refer to the complete and official document on the  website