Terms and conditions

1. DEFINITIONS AND TERMS

Papamigdal - is the commercial name of SC Semnul Papagalului SRL, a legal entity of Romanian nationality, with its registered office in Bucharest, Bd. Chisianu No. 5, sector 2, with order number in the Trade Register J40/14668/2014 , unique tax registration code 33914136

Seller – www.papamigdal.ro

Buyer - natural person / legal entity or any legal entity that creates an Account on the Site and places an Order.

Client - natural person / legal person who has or obtains access to the CONTENT, through any means of communication made available by Papamigdal (electronic, telephone, etc.) or on the basis of a user agreement existing between Papamigdal and it and which requires the creation and using an ACCOUNT.

User - any natural/legal person 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.

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 Client/Buyer and the history of the Buyer on the Site (Orders, tax invoices, etc.).

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 Products from the Site.

Campaign – the act of exhibiting for commercial purposes, a finite number of Products with a limited and predefined stock, for a limited period of time established by the Seller.

Review - an evaluation written by the owner or beneficiary of a product, evaluation based on personal experience and his ability to make qualitative comments and to say whether or not the product or service complies with the specifications mentioned by the manufacturer.

Rating - way of expressing the degree of satisfaction of a User/Client/Buyer with a product. The rating is expressed in the form of stars, each product can receive a score from one star to five stars. This degree of satisfaction will always be associated with the review written by the User/Client/Buyer on a product or service.

Comment – ​​assessment or observation with a critical purpose, on the side of a Review or another comment.

Question – form of addressing other Users/Clients/Buyers with the aim of obtaining information about the products or services on the respective page.

Answer – written information that is sent to the User/Client/Buyer who asked a Question on the Site, on the page of a certain product. The answer is an explanation offered by a User/Client/Buyer to another User/Client/Buyer in a discussion.

Document - these Terms and Conditions

Newsletter – means of periodic, exclusively electronic information, respectively electronic mail (e-mail, SMS) on the Products and/or the promotions carried out by the Seller in a certain period, without any commitment on the part of the Seller with reference to the information contained therein.

Transaction - the collection or reimbursement of an amount resulting from the sale of a product by Papamigdal to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.

2. PURPOSE OF THE TERMS AND CONDITIONS

This document regulates the terms of use of the Site by visitors and customers, as well as the way in which the products sold on the Site can be purchased. This document has the value of a distance contract concluded between the Client and Papamigdal, thus producing legal effects from the date of its acceptance by the clients.

3. OVERVIEW

The company makes efforts to maintain the accuracy of the information on this site. Rarely, they may contain specific inaccuracies: some specifications or the price may be modified by the manufacturer without notice or may contain operating errors. The company assumes the right to make changes to these provisions, without prior notification.

4. COPYRIGHT

The entire content of this website is the property of the Company and is protected by the law for the protection of copyright (Law no. 8/1996). The use without the consent of the Company, of any elements listed above, is punishable in accordance with the laws in force. Thus, the following are expressly prohibited: access to this site by automatic devices or programs; manual copying of the content; publication of the content by other companies or sites, in order to compare or analyze in any way.

Photos and data are used with the consent of the Seller. The Client/Buyer 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. CONTRACTUAL DOCUMENTS

5.1. 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.

5.2. 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) and/or by telephone.

5.3. For justified reasons, the Seller reserves the right to change the quantity of Products in the Order. If he changes the quantity of Products 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.

5.4. The contract is considered concluded between the Seller and the Buyer when the Buyer receives the ordered products from the Seller.

6. ONLINE SALES POLICY

6.1. Access to place an Order is allowed to any Customer/Buyer.

For justified reasons, Papamigdal reserves the right to restrict the access of the Client/Buyer in order to place an Order and/or to some of the accepted payment methods, if it considers that based on the behavior or activity of the Client/Buyer on the Site, his actions could harm Papamygdal in any way. In any of these cases, the Client/Buyer can contact the Customer Relations Department of Papamigdal, to be informed about the reasons that led to the application of the aforementioned measures.

6.2. Communication with the Seller can be done through direct interaction with him 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.

6.3. All prices shown on the Site are expressed in RON (RON) and do not include VAT, as the company is not a VAT payer.

6.4. 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.

6.5. All the information used to describe the Products 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.

7. ASSIGNMENT AND SUBCONTRACTING

The Seller may assign and/or subcontract to a third party for Services related to the fulfillment of the Order, with the Buyer's information, without his consent being necessary. The Seller will always be responsible to the Buyer for all contractual obligations.

8. COMMAND

8.1. The Client/Buyer can place Orders on the Site, by adding the desired Products to the shopping cart, and then complete the Order by making the payment through one of the expressly indicated methods. Once added to the shopping cart, a Product is available for purchase as long as there is stock available for it. Adding a Product to the shopping cart, without completing the Order, does not entail the registration of an order, implicitly neither the automatic reservation of the Product.

8.2. 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.

8.3. 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.

8.4. 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:

8.4.1. non-acceptance by the issuing bank of the Buyer's card, of the transaction, in the case of online payment;

8.4.2. the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;

9. CANCELLATION OF THE ORDER

9.1 The products ordered and delivered cannot be returned, according to the provisions of art. 16 of GEO 34/2014, in the case of the sale of products liable to deteriorate or expire quickly, as well as in the case of the sale of sealed products that cannot be returned for health protection or hygiene reasons and that have been unsealed by consumer.

As an exception, the products ordered and delivered can be returned if they:

• were delivered unsealed,
• does not comply with the quality standards, or if by mistake other products than the ordered ones were delivered.

In this case, the products can be returned within 14 days from the date of their delivery. Thus, according to GEO no. 34/2014, the period for returning a Product expires within 14 days from

- the day the Buyer takes physical possession of the last Product - if the Buyer orders multiple products in one order that will be delivered separately

- the day on which the Buyer takes physical possession of the last Product - in case of delivery of a product that consists of several lots

9.2. If the Client/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 a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of his decision to withdraw from the Contract. The amount will be returned as follows:

9.9.1. for Orders paid by online card -> by refund to the account from which the payment was made;

9.9.2. for Orders paid with cash on delivery -> by refund to the account communicated by the Client/Buyer

9.3. The Seller will be able to postpone the reimbursement of the amount until receiving the Products sold or until receiving a proof according to which they have been shipped, in case he has not offered to recover the Products himself (the most recent date will be taken).

9.4. If a Product ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and will return to the Buyer's account the counter value of the Product, within a maximum of 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.

10. PRIVACY

10.1. Papamigdal will maintain the confidentiality of any information you provide. The disclosure of the information provided will only be possible under the conditions mentioned in the document regarding the processing of personal data. https://www.papamigdal.ro/prelucrarea-datelor-cu-caracter-personal

10.2. No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.

10.3. 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. Papamigdal will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard.

10.4. By registering in the Papamigdal database, the Client/Buyer gives his express consent, within the limits of the legislation in force, to be contacted by third parties, partners of Papamigdal: service providers in order to fulfill the object of the Contract concluded between the Buyer and the Seller (company by courier), as well as by state and government agencies, when the specific legislation provides for this;

11. BILLING - PAYMENT

11.1. The prices of the Products displayed on the website www.papamigdal.ro do not include VAT according to the legislation in force for non-VAT paying companies.

11.2. The price, payment method and payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the delivered Products, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.

11.3. The Seller will send the Buyer the invoice related to the Order containing Products sold by Papamigdal, to the e-mail address mentioned by the Buyer in the Account and/or attached to the delivered package.

11.4. 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.

11.5. Through this method of communication, the Buyer, accessing his Account, will have a record of the orders placed on www.papamigdal.ro , being able to save and archive them at any time and in any way he wishes.

12. ORDER DELIVERY

12.1. The Seller undertakes to deliver the Products in a door-to-door courier system to the Buyer, either directly or by calling on Third parties (courier companies).

12.2. The Seller will ensure the proper packaging of the Products and will ensure the transmission of the accompanying documents.

12.3. The Seller will deliver the Products only on the territory of Romania.

12.4. The delivery fee will be displayed both when the order is placed and after its completion.

The currency in which the services are paid for: RON

The delivery fee differs depending on the weight of the products ordered and will be automatically calculated and displayed at the time of completing the order with us.

12.5. In how many days will you receive the order?

With the exception of the urgent delivery service, Sameday Courier guarantees the delivery of any internal postal shipment in good conditions and in full confidentiality, anywhere in Romania within an average period of 24 hours, but not exceeding 36 hours (maximum period);

• Local delivery, in Bucharest and neighboring areas, deliveries will be made within a maximum of 24 hours from placing the order for the products in stock.
• National Delivery - anywhere in the country within a maximum of 48 hours for products in stock.

Delivery time for pre-orders is 5-7 days.

12.6. What is the delivery schedule?

Local orders in Bucharest sent by courier will be delivered from Monday to Friday between 09:00-18:00

We do our best to ensure that orders are delivered within the mentioned interval, but considering that we use an outsourced service, we are not responsible for delays caused by the courier company. Please let us know of any difficulties you encounter in this regard, in the absence of any information from us. Your feedback is important to us and we want the delivery service to be a good experience as well.

12.7. Receiving the package and paying for it

The products are handed over based on the signature, by the Sameday representative who also collects the counter value of the order. Any person can receive the package. In the package, in addition to the ordered products, you will also find the invoice (available on your customer account and sent to your email), together with the declaration of conformity.

12.8. What happens if, at the time of delivery, I have not prepared the amount to be reimbursed?

Once the order is placed and confirmed, it will be processed and you will receive a telephone and/or email confirmation by which we will inform you of the delivery date. However, we understand that unforeseen events may occur that make it impossible to receive the parcel on the day of delivery, in this situation we ask you to notify us in order to postpone the shipment.

13. LIABILITY

13.1. 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 Products after delivery and in particular for their loss .

13.2. By creating and using the Account, the Client / User / Buyer assumes responsibility for maintaining the confidentiality of the Account data (user 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 the Account or .

13.3. By creating the Account and/or using the Content and/or placing the Orders, the Client/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.

13.4. After the creation of the Account, the use of the Content is equivalent to the acceptance of the changes made to the Terms and Conditions of the Site and/or the updated versions of the Terms and Conditions of the Site.

13.5. The Terms and Conditions of the Site can be modified at any time by Papamigdal, they being opposable to the Clients / Users / Buyers from the date they are displayed on the Site. Acceptance of the Terms and Conditions of the Site is confirmed by ticking the corresponding checkbox on the Site and/or by sending the Order and/or by making an online payment.

14. GUARANTEES

Papamigdal makes every effort to provide correct and complete information about the Products displayed on the Site to operate continuously and stably. However, we cannot promise that the products will be permanently available or that they will not have errors. If you encounter difficulties or an error occurs while you are browsing the Site, please contact us.

Access to the www.papamigdal.ro website can sometimes be restricted for maintenance, system updates or for the addition of new functionalities. If the Website is not available, the terms of delivery or cancellation of the products do not change. At the same time, during the maintenance period, you can contact us by phone.

The products sold on the Site comply with all the quality and safety standards in force, including in terms of packaging and labeling. The raw material is purchased from authorized producers or distributors, who guarantee their quality.

At the same time, considering that the products sold may contain allergens, each customer understands to consume these products at his own risk. We do not recommend the consumption of Papamigdal products by people who know that they exhibit any kind of allergy or intolerance to the ingredients in our products. In this sense, please consult the label of the products before buying and consuming them.

15. MAJOR FORCE

15.1. 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.

15.2. 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 to the other.

16. APPLICABLE LAW - JURISDICTION

This Agreement is subject to Romanian law. Any disputes arising between Papamigdal and Clients / Buyers will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts within the radius of the Municipality of Bucharest.

17. COOKIES

17.1. In order to offer a personalized service to Customers, papamigdal.ro may use cookies to facilitate the storage and tracking of customer preferences. For example, cookies to be able to identify the Client and to be able to provide him with information and services based on the preferences expressed in his previous visits. At the same time, any other online advertising networks may use cookies to be able to adapt the advertising messages according to the Customer's preferences. Cookies are .txt files, offered to the Client's browser by a web server and then stored on the Client's computer hard drive. However, the Client can reset the browser either to notify him every time he receives a cookie or to even refuse to accept cookies. It should be noted that some sections of the Site will not be able to be viewed normally if the Client has set his browser to reject cookies.

17.2. Any personal information that the Client discloses in the online communication environment, regardless of the type of communication, can be easily disclosed/collected and used by unauthorized persons. Papamigdal.ro does its best to protect the Client's personal information, but cannot ensure or guarantee the security of any type of information it transmits, so that the transmission of information in an inappropriate environment is done at the Client's own risk. Also, the Client is solely responsible for maintaining the secrecy of the information (passwords, usernames, etc.), related to the accounts he acquired as a result of using the services offered by Papamigdal.

   18. METHODS OF PAYMENT