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Terms and conditions

General terms and conditions regarding the contractual relations between consumers and SC MECRO SYSTEM SRL


The terms and conditions below regulate the relations between you, as consumer and subscriber SC MECRO SYSTEM SRL, Romanian legal entity, based in BULEVARDUL TIMISOARA NR. 100P, RO-061334, BUCHAREST 6, ROMANIA, registered in the Trade Register attached to the Bucharest Tribunal under no. J40 / 2334/1991, having registration code RO431712, as seller, hereinafter referred to as "Seller".


You, as a consumer, an individual, declaring that you are over 18 years of age, hereinafter referred to as "the Buyer", purchase from the Seller the products distributed by it, in consideration of these general terms and conditions ("TCG"). Therefore, you have all the rights and obligations provided in the TCG and in the Contract (as this term is defined below).


Hereinafter, the Seller and the Buyer are referred to as the "Party" and collectively referred to as the "Parties".


These TCGs are drafted with a view to


A. the provisions of the Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for amending and supplementing some normative acts (“GEO 34/2014”),


B. Buyer's order addressed to the Seller for the purchase of the Product / Products (term defined below),


C. the fact that as a result of the Buyer's Order a sale-distance purchase contract was concluded between him and the Seller according to the provisions of GEO 34/2014 and the Romanian Civil Code,


D. TCG are published by the Seller on its website WWW.QLARIVIA.EU/ in the section WWW.QLARIVIA.EU/terms-and-conditions and have been accepted by the Buyer as a result of placing the Order,


E. according to the provisions of Art. 8 para. (6) and al. (7) of GEO 34/2014, the Buyer confirms that he has received the Contract together with the ordered Product / Products;


F. according to the provisions of Art. 8 para. (9) of GEO 34/2014, the contract between the Seller and the Remote Buyer is concluded when the Seller has accepted the Buyer's Order, so that TCG represents the material support which includes the contractual conditions agreed by the Buyer at the time of placing the Order to the Seller.


I. Definitions


The terms below will have the meaning according to the related definition, TCG does not expressly establish in the Contract another definition or, if after the conclusion of the Contract the Seller publishes on its website WWW.QLARIVIA.EU// in the section WWW.QLARIVIA.EU // terms-and-conditions WWW.QLARIVIA.EU/ another definition.


a. Warranty Certificate - the warranty certificate delivered by the Seller in the Package, together with the Product / Products ordered by the Buyer and in which the conditions for granting the warranty and the Warranty Term are specified; As an exception, it can be offered in electronic format by e-mail or by downloading from the Seller's website, depending on the Product. In situations where the Warranty Certificate does not accompany the Product upon delivery, the Buyer may obtain a free copy of it upon simple request in electronic or material format, as appropriate;


b. Package - the protective packaging in which the Product or Products are delivered by the Seller to the Buyer. For clarity, the Package may differ from the original packaging of the Products;


c. Order - the Buyer's request addressed to the Seller by telephone and / or through the Seller's website or placed by e-mail, to buy a certain Product or several Products distributed or sold by the Seller;


d. consumer - any natural person or group of natural persons constituted in associations, as defined in Art. 2 point 2 of the Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and completions (“GEO 21/1992”); In the situation where the Buyer is a natural person, he has the quality of consumer;


e. Contract (s) - means a distance sale-purchase contract, concluded between the Seller and the Buyer within an organized distance sales system, in this case by telephone or via the Internet, without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication, up to and including when the Contract is concluded, under which the Seller transfers or undertakes to transfer ownership of certain Products to the Buyer, and the latter pays or undertakes to pay their price, including any contract that has as object both products and services; these TCG are an integral part of the Contract;


f. Date of Conclusion of the Contract - the date on which the Seller expressly accepted and undertook to execute the Buyer's Order;


g. date of minimum durability - the date set by the manufacturer, until which a food product would retain its specific characteristics in appropriate storage conditions; products for which the date of minimum durability is set are not dangerous even after this date;


h. Declaration of Conformity - the declaration made by the manufacturer by which he informs, on his own responsibility, about the fact that a Product or a service complies with a normative technical document;


i. distributor - any economic operator in the marketing chain, whose activity does not influence the security characteristics of the Product. For clarity, the Seller is in principle a distributor in the relationship with you;


j. Average Duration of Use - the time interval, established in normative technical documents or declared by the Manufacturer, within which the Durable Products must maintain their functional characteristics, if the conditions of transport, handling, storage and operation have been observed;


k. commercial guarantee - any commitment on the part of the professional or of a producer (as guarantor) towards the consumer, in addition to the legal obligations provided in Art. 5-14 of Law no. 449/2003 on the sale of products and associated guarantees, republished, with subsequent amendments and completions ("Law 449/2003"), regarding the legal guarantee of conformity, to reimburse the price paid or to replace, repair or maintain the products in any case, if they do not meet the specifications or any other requirement in the warranty statement or in the relevant publicity available at the time or before the conclusion of the contract, the requirement is not related to compliance;


l. legal guarantee of conformity - the legal protection of the Buyer resulting from the effect of the law in relation to the lack of conformity, representing the legal obligation of the Seller towards the Buyer that, without requesting additional costs, to bring the Product to conformity, including refund , repair or replacement of the Product, if it does not comply with the conditions set forth in the warranty statements or related advertising;


m. Product - any movable tangible property distributed and delivered by the Seller and which has been ordered by the Buyer, so that the parties have concluded the Contract;


n. products made according to the Buyer's specifications - any products that are not prefabricated, made based on individual options or the customer's decision. The seller does not distribute such products;


o. The Products are in Compliance with the Contract if one of the following conditions is met: (i) they correspond to the description made by the Seller and have the qualities described on the Seller's website and / or mentioned in the Seller's advertisements and / or in the Declaration of Conformity and / or on the Products leaflet, as the case may be; (ii) correspond to any specific purpose requested by the Buyer, a purpose made known to the Seller and accepted by him at the conclusion of the Contract; (iii) correspond to the purposes for which Products of the same type are normally used; (iv) being of the same type, presents normal quality and performance parameters, which the Buyer can reasonably expect, given the nature of the Product and the public statements regarding its concrete characteristics, made by the Seller, the Manufacturer or his representative, especially by advertising or by inscribing on the Product label. It is not considered to be a lack of conformity if at the time of concluding the Contract, or before the delivery to the Buyer of the Product, the latter knew or could not, reasonably, not know this lack of conformity or if the lack of conformity has origin in the materials provided by the Buyer;


p. Defective Product - The product for which the presentation method, the foreseeable use and the date of purchase do not offer safety, causing damages to the Buyer;


q. Long-Term Product - the relatively complex product, consisting of parts and subassemblies, designed and built to be used for the average duration of use and on which repairs or maintenance activities can be performed;


r. safe product - The product which, used under normal or foreseeable conditions, according to the manufacturer's instructions, does not present risks or which presents minimal risks, taking into account its use; the risk is considered acceptable and compatible with a high degree of protection for the safety and health of consumers, depending on the following aspects: (i) the characteristics of the Product, of the packaging and of the assembly and maintenance instructions; (ii) the effect on other Products with which it may be used; (iii) the presentation of the Product, the labeling, the instructions for use and any other indications and information provided by the manufacturer; (iv) category of cons risk exposed by using the Product;


s. Manufacturer - the manufacturer of the Product purchased by the Buyer and distributed by the Seller. However, the manufacturer can be any other person who imports a product for sale, rent, purchase or other form of alienation in its own trading activity within the company, being considered its producer and is equally liable as the manufacturer;


t. professional - any natural or legal person, public or private, who acts in his commercial, industrial or production activity, artisanal or liberal in connection with the contracts, as well as any person who acts for the same purpose, in his name or on his behalf its;


u. repair - in case of non-conformity, means bringing the Product in accordance with its technical specifications published on the Seller's website and which the Buyer knew when he placed the Order;


v. Warranty Term - the time limit, which runs from the date of acquisition of the Product until which the manufacturer assumes responsibility for repairing or replacing the Product at his expense, if the deficiencies are in no way attributable to the Buyer;


w. Shelf life - the time limit set by the manufacturer, until which a perishable product or a product that in a short time may present an immediate danger to the health of the buyer retains its specific characteristics, if the conditions of transport, handling, storage and storage; for foodstuffs it represents the expiration date;


x. Carrier - the company that provides transport services and delivers the package to the Buyer


y. Seller - subscribed, namely the distributor who offers the Product to the Buyer;


z. Hidden Defect - the qualitative deficiency of a Product delivered to the Buyer that was not known and could not be known by the Buyer through the usual means of verification.


II. Buyer Information [1]


2.1 The Buyer, by placing the Order, declares that prior to the conclusion of the Contract, considering the fact that it is concluded at a distance, he has been informed by the Seller about all aspects regarding the contractual relations between the Parties, as well as about the Products.


2.2 For this purpose, the Seller has published on its website WWW.QLARIVIA.EU/ all the information provided by the relevant legislation, and also, the Buyer declares that he has taken note of this information. Therefore, the Buyer declares that the information has been provided by the Seller in a clear and intelligible manner, the Buyer also declaring that he knows, understands and assumes:


2.2.1 the main characteristics of the Products;


2.2.2 the identity of the Seller and the ways of contacting him;


2.2.3 the fact that in the situation where the Buyer contacts by phone the Seller for the conclusion of the Contract, the latter communicated to the Buyer his identity as well as the identity of the Seller's operator who takes over the Order. Also, in these situations, the Seller confirmed his offer to the Buyer and the latter expressed his consent to conclude the Contract, according to the telephone discussion that is recorded or by any other means by which the Buyer's consent can be retained and kept;


2.2.4 The total price (as defined in these GTC) of the Products with all taxes included and, as the case may be, all additional costs of transport, delivery, postage or any other nature or, bank fees and commissions, all of these to be borne by the Buyer;


2.2.5 the fact that the conclusion of the Contract implies on the part of the Buyer an obligation to pay;


2.2.6 validity period of the offer or prices;


2.2.7 the basic tariff for the use of means of distance communication in order to conclude the Contract;


2.2.8 the methods of payment, delivery, execution, the date until which the Seller undertakes to deliver the Products;


2.2.9 the delivery of the Products is made only on the Romanian territory;


2.2.10 the Seller's Complaints Resolution procedure, provided in these TCG;


2.2.11 the conditions for exercising the Right of Withdrawal of the Buyer, including the fact that in case of exercising the Right of Withdrawal, the Buyer will pay the cost of returning the Products, respectively, without limitation, costs for transporting the Product for return, postage, and any cost related to the total or partial use of the Product, as well as any costs incurred by the Seller in accordance with Art. 14 para. (3) to GEO 14/2014 [2];


2.2.12 the conditions of the legal guarantee and of the Guarantee regarding the conformity of the Products and their repair or replacement;


2.2.13 the possibility and the way in which the Buyer can address the Authority National Laws on Consumer Protection (“ANPC”);


2.2.14 the possibility for the Buyer to propose certain contractual conditions on which the Parties may freely dispose and at least regarding its information by addressing in this respect an e-mail to the Seller at OFFICE@QLARIVIA.COM/;


2.2.15 the contractual information is presented in Romanian in an accessible form, so that it has been easily understood by the Buyer. Also, the Buyer accepts and understands the fact that the packaging, the label and / or the package leaflet of the Products can be presented in other languages together with the Romanian language;


2.2.16 The Seller will send to the Buyer the Contract at the moment of delivery of the Products;


2.2.17 the moment of concluding the Contract is the moment of confirmation, on a durable medium, by the Seller of the acceptance of the Order sent by the Buyer.


III. The TCG object


3.1 The object of the TCG is to set out in detail the rights and obligations of the Parties once they enter into contractual relations, in particular with regard to (i) the purchase of the Product or Products by the Buyer according to its Order and payment of the Price for them to the Seller. ) the transfer of the ownership right over the Product or over the Products from the Seller to the Buyer.


3.2 The order is placed by the Buyer in one of the following ways:


3.2.1 by telephone call to the telephone lines published in any way by the Seller (online, through the written press, through TV advertising, including through teleshopping spots. The enumeration is not exhaustive). The Buyer pays the price of the telephone call at the basic tariff, according to the grid of the Seller's telephony provider;


3.2.2 through the Seller's online platform, namely through its website WWW.QLARIVIA.EU/, following the steps provided on the site. The own costs for the internet connection for placing the online Order are borne by the Buyer;


3.2.3 through the contact / email / chat form available on the Seller's website WWW.QLARIVIA.EU/cum-comand. The own costs for the internet connection for placing the Order in these ways are borne by the Buyer.


3.3 The Seller has the right to refuse the Buyer's Order or Orders, either for objective reasons (exemplary and not limiting, presumption of fraud, the Buyer is a minor, the Products are not in the Seller's stock and will not be for another 30 days from the date of the Order), or for reasons related to the Seller's business strategies. The parties understand and agree that all the provisions of the Contract are and remain perfectly valid for the sale of a Product that was presented as a Substitute to the one in the video presentation, if this was accepted in the order by the Buyer, as a result of stock depletion. The Seller of Products identical to those in the video presentation.


3.4 The Buyer, at the Date of Conclusion of the Contract, knows and accepts the fact that (i) placing the Order gives rise to an obligation to pay and (ii) knows all costs related to the Order, including but not limited to, Sale price, delivery costs, costs regarding the bank transfer of the price of the Products. These issues are provided in the TCG published by the Seller and online: WWW.QLARIVIA.EU//terms-and-conditions.


3.5 The Seller also assumes the obligation to deliver the Product / Products to the Buyer to the address mentioned by the latter in the Order ("Delivery Address"). In case the Buyer changes the Delivery Address, he has the obligation to inform the Seller about this before the Seller has handed over the Product / Products of the Carrier to be delivered to the Buyer. Otherwise, it will be considered that the Seller has fulfilled its delivery obligation, and the Buyer will pay the transport value for the delivery of the Product / Products to the new address communicated by the Buyer, after placing the initial Order.


3.6 The ownership right over the Product or over the Products from the Seller to the Buyer is transferred at the moment of payment by the Buyer of the Price of the Product / Products ordered and delivered by the Seller.


3.7 The risk of loss or damage to the Products is transferred to the Buyer when he or a third party designated by him, other than the Carrier, enters into physical possession of the Products. However, the risk is transferred to the Buyer at the time of delivery of the Package by the Seller to the carrier, if the carrier has been instructed by the Buyer to transport the Package, without prejudice to the Buyer's rights against the carrier contracted by the latter [3].


IV. The sale price. Parcel delivery


4.1 The sale price consists of the total price that the Buyer pays for the ordered Product / Products (“Price”). The price can be paid in one of the following ways provided on the Seller's website (WWW.QLARIVIA.EU//metode-de-pata): (i) by cash on delivery at the time of delivery of the Package or (ii) online on the Seller's website using a bank card accepted by the payment platform contracted by the Seller. In order to avoid any doubt, the costs regarding the placement of the Order, in any way, the delivery costs otherwise or through another carrier than the one chosen by the Seller, costs regarding payments by bank transfer, without limiting the enumeration, are borne by the Buyer. The latter knows this, made public by the Seller on its website WWW.QLARIVIA.EU//termene-si-conditii, and which are known and accepted before the Contract Conclusion Date by the Buyer at the time of placing the Order.


4.2 The price is considered paid as follows:


4.2.1 in case of payment of the Price by refund, at the moment when the Carrier collects the Price and issues the receipt to the Buyer, and


4.2.2 in case of online payment by bank card, at the time of crediting the bank account of the Seller with the Price paid by the Buyer.


4.3 To the extent that additional payments may occur in relation to the Price, the Seller will request the Buyer's explicit consent to the Buyer's support for these additional payments. The communication will be made through the e-mail addresses of the Parties or by telephone and then confirmed in writing by the Parties on a printable medium, and must occur before the Date of Conclusion of the Contract. In the event that the Buyer declares unequivocally or that could reasonably be considered unequivocal, the fact that he does not accept these additional payments, the Contract will not be concluded and therefore, the Seller will refuse the Buyer's Order.


4.4 The Seller shall report to the competent authorities any payment made fraudulently, in particular through online transactions, communicating to the authorities any data it holds about the Buyer. In any case, the Seller will comply exactly with the provisions of Law 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of terrorist acts and their applicable, as well as any normative acts related to it.


4.5 Delivery of the Package is free for the Buyer anywhere in Romania. Delivery details are provided on the Seller's website in the "delivery information" section: WWW.QLARIVIA.EU/informatii-livrare. The seller does not deliver parcels outside the Romanian territory.


4.6 The Seller may deliver to the Buyer all Products ordered simultaneously (usually in the same Package) or in several successive deliveries, especially if a certain Product is not in stock at the time of delivery, or if the Seller considers that in relation to its strategy commercial, successive delivery is more advantageous to the Parties.


4.7 In case the Buyer changes his Delivery Address he has the obligation to inform the Seller about this before the Seller has handed over the Product / Products of the Carrier to be delivered to the Buyer. Otherwise, it will be considered that the Seller has fulfilled its delivery obligation, and the Buyer will pay the value of the transport for the delivery of the Product / Products to the new address communicated by the Buyer.


4.8 The Seller is free to choose any Carrier for the delivery of the Package to the Buyer. To the extent that the Buyer himself chooses a certain carrier, then the delivery price of the Package will be borne by the Buyer.


4.9 The Seller must deliver the Products to the Buyer within a maximum of 30 days from the Date of Conclusion of the Contract, without undue delay. [4] If the Package is not delivered to the Buyer within the previously specified term due to the Seller's fault, the Buyer may request the Seller to deliver the Package within a new period of no more than 30 days from the date of the request. To the extent that even within this term the Seller does not deliver to the Buyer the Product / Products through his sole fault, the Buyer has the right to terminate the Contract.


4.10 In case of termination of the Contract due to the Seller, the Seller will refund to the Buyer the Price if it was paid by the Buyer online on the Seller's website, within maximum 7 calendar days from the date on which the Buyer communicated in writing to the Seller. its decision to terminate the Contract. The contract is terminated in full without any other formality on the date on which the Seller returned the Price to the Buyer and the Buyer refunded the Product (if this is possible according to TCG). Otherwise, if it has been chosen to pay the Refund Price on delivery, the Contract is terminated in full on the date on which the term expires. no additional delivery. In order to avoid any doubt, the expression “by right” refers to the termination of the Contract as a result of the legal termination, without the Parties fulfilling any other formality, preliminary procedures (except those required by specific legislation, as the case may be), the intervention of any court. or authorities (except as required by specific legislation, as appropriate).


4.11 In the situation where the Buyer will communicate to the Seller expressly by e-mail to OFFICE@QLARIVIA.COM/ once the Order is placed, the fact that the delivery of the Products must be made within an essential term for the Buyer, concretely emphasizing this fact, the delivery term will not exceed 30 days from the Date of Conclusion of the Contract, if the Seller has expressly accepted that he understands that the delivery term is essential for the Buyer. To the extent that the Seller will not be able to respect the delivery term in this context, the Buyer may request the full termination of the Contract. The provisions of Art. 4.10 above are applicable.


4.12 The right to termination of the Contract by the Buyer does not remove other rights that the Parties have and that they could exercise against the other Party in relation to the applicable legal provisions on consumer law and / or at the time it intervenes, in relation to the provisions of the Contract and of the TCG.


V. Buyer's right of withdrawal [5]


5.1 Except for the cases provided in Art. 16 of GEO 34/2014 [6], the Buyer has the right to a period of 14 calendar days to withdraw from the Contract (“Right of Withdrawal”), without having to justify the decision to withdrawal and without incurring other costs than those provided and established in the Contract. The Buyer, prior to the conclusion of the Contract, has been informed by the Seller and thus knows the conditions for exercising the Right of Withdrawal available on WWW.QLARIVIA.EU//terms-and-conditions. Thus, the Buyer declares and acknowledges that he was informed by the Seller about the Right of Withdrawal, as well as that he had prior to the conclusion of the Contract, and still has, during the execution of the Contract, all means to address to the Seller any questions regarding the exercise of the Right of Withdrawal . Moreover, the Right of Withdrawal is provided in particular in the Contract concluded with the Seller and delivered to the Buyer in the Package.


5.2 The term of 14 days is calculated from the date of receipt of the Package by the Buyer (“Return Term”). The Return Term will be calculated separately for each delivery of the Parcels in case of successive delivery of the Products that have been the subject of a single Order.


5.3 Throughout the Return Term, the Parties will fulfill their contractual obligations.


5.4 When the Buyer decides to exercise his Right of Withdrawal, he shall inform the Seller in this regard, within the Return Term, in a clear, concise and unequivocal statement, in one of the following ways:


5.4.1 by a written notification sent to the Seller at the address from BULEVARDUL TIMISOARA NR. 100P, RO-061334, BUCHAREST 6, ROMANIA;


5.4.2 by e-mail to OFFICE@QLARIVIA.COM;


5.4.3 by filling in the online return form by accessing WWW.QLARIVIA.EU.


5.5 The Seller will communicate by e-mail to the Buyer the confirmation of receipt of the Buyer's notification regarding the latter's exercise of the Right of Withdrawal. If the Buyer declares that he does not have a valid e-mail address, the telephone confirmation is sufficient in the situation where the Buyer does not expressly request the confirmation in writing, by letter sent by mail or courier.


5.6 When the Buyer exercises his Right of Withdrawal, the Seller will have the following obligations:


5.6.1 to refund to the Buyer the Price within 14 days from the date on which the Buyer informed the Seller about the exercise of the Right of Withdrawal, after the Seller has confirmed receipt of this information according to the contractual provisions and only after the Seller has received the Products returned by Buyer, in case the returned Products are not taken over by the Direct Seller. If the returned Products are taken over by the Seller, according to the Buyer's option expressed at the time of exercising the Right of Withdrawal, then the 14-day period for refunding the Price runs from the date the Seller confirmed the Buyer's notification of withdrawal from the Contract;


5.6.2 the refund of the Price will be made by bank transfer to the account indicated by the Buyer at the time of exercising the Right of Withdrawal. The Buyer declares that he understands and accepts this method of reimbursement even if he has paid the Price by reimbursement, being informed about it by the Seller prior to the conclusion of the Contract by the Seller. If the Buyer declares that he does not own in a bank account in lei, opened at a banking unit in Romania, then the refund of the Price can be made in person at the Seller's cashier, or by postal order CONFIRMED. In case of impossibility to fulfill the above, the Parties will identify by mutual agreement a reasonable way in order to reimburse the Price.


5.6.3 to send to the Carrier the order for taking over the Products returned by the Buyer, in the situation in which the latter has opted in this respect together with the exercise of the Right of Withdrawal;


5.6.4 to verify the returned Products and insofar as they have not been returned by the Buyer according to the Contract, to communicate to him the aspects found and (ii) to communicate to him the diminished value of the Price (“Decreased Price”), respectively the Price minus the cost borne by the Seller for bringing the Product in the form in which it was handed over to the Buyer, in case of its use or damage. The Seller will return to the Buyer only the Decreased Price.


5.7 In case of exercising the Right of Withdrawal, the Buyer has the following obligations:


5.7.1 to return the Products he wishes to return to the Seller within 14 days from the date on which the Buyer communicated to the Seller his decision to withdraw from the Contract. For the sake of clarity, the term provided here is respected if the Products are sent back to the Seller by the Buyer before the expiration of the 14-day period;


5.7.2 to pay the cost of returning the Products in the amount of 20 lei, insofar as the Buyer has chosen to take them over by the Seller, or any other amount, when he has chosen to use the services of other transport companies or has chosen any other way to return the Products. This information was brought to the notice of the Buyer according to TCG, prior to the conclusion of the Contract, so that the Buyer declares that he has understood it, accepted it and assumes it in full;


5.7.3 to return the Products he wishes to return in the same conditions in which he received them, in the original packaging, accompanied by all labels, leaflets and any other documents accompanying the Products as well as the signed Contract together with a written request containing the reasons withdrawal;


5.7.4 to return any Products received as a gift from the Seller as a result of the Order;


5.7.5 to return the documents accompanying the Products, respectively (without the enumeration being exhaustive) warranty certificates, declarations of conformity, etc., except for the Contract and the fiscal invoice for the Products, as the case may be;


5.7.6 to bear the diminution of the value of the Products and as a result to receive the Decreased Price, as the case may be.


5.8 As a result of the exercise of the Right of Withdrawal and after the Products have been received by the Seller, the Contract terminates by right. They will also terminate any other contractual relations, as the case may be, auxiliary to the Contract.


VI. Product Warranties


6.1 The products distributed by the Seller to the Buyer have a guarantee under the conditions offered by their Manufacturer (“Warranty”). For the avoidance of doubt, the Warranty refers to the warranty of conformity as defined in the TCG and does not include the commercial warranty, as defined above.


6.2 The Seller offers a Warranty only to Products that in relation to their nature may have such a warranty. Specifically, Foods / Nutritional Supplements and Cosmetics distributed by the Seller do not benefit from the Warranty. These, insofar as there is a reason for their return without the right of withdrawal being applicable, will be replaced by the Seller with other identical Products and delivered to the Buyer, after the latter returned to the Seller the first Products ordered (together with all documents and other possible gifts received), within maximum 14 days from the date on which the Buyer communicated to the Seller the reasons why the Products should be replaced, to the Seller's address from BULEVARDUL TIMISOARA NR. 100P, RO-061334, BUCHAREST 6, ROMANIA. After the Seller receives the Products, he will also check them to the extent that the replacement is necessary (more precisely the reasons for the replacement have nothing to do with any fault of the Buyer), will replace the Products and deliver to the Buyer new identical Products, within 15 days from the date on which the Seller was notified of the reasons why a possible replacement would have been required. For the avoidance of doubt, Foods / Nutritional Supplements and Cosmetics distributed by the Seller are replaced only if they reach the Defective Buyer, the latter not being able to use them in any situation (for example: The product is unsealed, broken, broken etc).


6.3 The guarantee concerns the conformity of the Products with their specifications presented by the Seller publicly, regardless of the method of communication (online, television, etc.).


6.4 The products are in compliance with the Contract if one of the following conditions is met: (i) they correspond to the description made by the Seller and have the qualities described on the Seller's website and / or mentioned in the Seller's advertisements and / or in the Declaration of Conformity and / or prospectus Products, as appropriate; (ii) correspond to any specific purpose requested by the Buyer, a purpose made known to the Seller and accepted by the latter at the conclusion of the Contract; (iii) correspond to the purposes for which Products of the same type are normally used; (iv) being of the same type, presents normal quality and performance parameters, which the Buyer can reasonably expect, given the nature of the Product and the public statements regarding its concrete characteristics, made by the Seller, the Manufacturer or his telephone representative , especially by advertising or by inscription on the Product label. It is not considered to be the lack of conformity if at the time of concluding the Contract the Buyer knew or could not, reasonably, not know this lack of conformity or if the lack of conformity has its origin in the materials provided by the Buyer.


6.5 The Seller is not responsible for the public statements provided in Art. 6.4 point (iv) above, in any of the following situations, if (i) he did not know and could not, reasonably, have known the statements in question; (ii) the statement was corrected at the time of the conclusion of the Contract or (iii) the decision of the Buyer to purchase the Product on which the statements were made, could not be influenced by the public statements in question.


6.6 To the extent that the Product purchased by the Buyer involves an installation procedure, any lack of conformity resulting from an incorrect installation of the Product will be considered equivalent to a lack of conformity, only if the installation was made by the Seller or under his responsibility. From behind. The Seller does not assume any obligation to install any Product.


6.7 The installation of the Product is performed exclusively by the Buyer according to the installation instructions accompanying the Product, as they can be found on the Seller's website, and if the Product becomes non-compliant due to installation by the Buyer, the Seller will not be able to held in no situation liable for any alleged or non-compliance. The Seller may be liable for the lack of conformity proved by the Buyer in this case, only if the installation made by the Buyer was incorrect due to a deficiency in the installation instructions accompanying the Product.


6.8 In the event that the Product has Defects, the Buyer will inform the Seller in writing about this, detailing in detail what is the lack of conformity, within 4 calendar days from receipt of the Package by the Buyer. If the Product has a Hidden Defect, then the aforementioned term will be calculated from the date on which the Buyer discovered the Hidden Defect. The Buyer will provide explanations to the Seller regarding its impossibility to discover the Hidden Defect earlier at the time of its communication to the Seller regarding its discovery (the “Complaint”). Failure to comply with the terms set forth herein entitles the Seller to refuse to take Reparatory Measures (defined below).


6.9 The complaint will be communicated by the Buyer to the Seller (s) either through postal or courier services to the Seller's address in BULEVARDUL TIMISOARA NR. 100P, RO-061334, BUCHAREST 6, ROMANIA, (ii) or by e-mail to OFFICE@QLARIVIA.COM/.


6.10 The complaint shall include at least the following elements: (i) the identification data of the Buyer; (ii) the Order number; (iii) the date of receipt of the Package by the Buyer; (iv) Defective Product or Products; (v) description of the alleged defects in as much detail as possible, possibly accompanied by photographs of the Defective Product (s); (vi) requesting the Buyer to replace the respective Products with identical ones without defects or repair them; (vii) the signature of the Buyer and (viii) the date of the Complaint. Claims that do not contain the elements provided above will not be considered by the Seller. However, the Seller may choose to request from the Buyer the missing details in the Complaint. For the avoidance of doubt, this does not exclude or limit the Seller's right to request additional details from the Buyer regarding the Complaint. The Buyer's refusal to provide the Seller within the term specified by him, or within a reasonable term from the date of the request (ie not exceeding 7 calendar days), these details constitute a waiver of the Complaint. The lack of a response from the Buyer is considered a refusal to respond to sellers requests 6.11 The Buyer by Complaint may request the Seller (i) to replace the Defective Product (s) or (ii) repair them free of charge for the duration of the Warranty if they are Products of Long Term Use ("Repair Measures").


6.12 The Buyer may not require the Seller to take Repair Measures if these are impossible or disproportionate. Repair measures are considered impossible if the Seller cannot provide identical Products for replacement (or spare parts for repair, as the case may be), including due to lack of equipment or related technology. Reparation measures are considered disproportionate if they impose costs on the Seller that are unreasonable compared to other measures taking into account, cumulatively (i) the value that the Products would have had if there had been no non-compliance; (ii) the importance of the non-compliance and (iii) whether another remedial measure could be carried out without significant inconvenience to the Buyer.


6.13 The Seller will take the Repair Measures within 15 calendar days from the date on which, as the case may be, (i) the Buyer has communicated to the Seller the Complaint for the Repair of Long-Term Products or (ii) the Seller has received the Defective Products for which the Buyer has chosen for their replacement. For the sake of clarity, in the case of Durable Products, the Buyer may claim their replacement, only after having previously requested the Seller to repair them within the Warranty, and after repair The product has failed again without any fault on the part of the Buyer. The parties may agree on another term for the implementation of the Reparatory Measures, but not exceeding the term of 15 days calculated according to this article. The Buyer has the obligation to send the Products to the Seller for repair. The term of 15 days will run after the Buyer sends the Products to the Seller for repair.


6.14 Reasonable and substantiated Repair Measures shall be made at no cost to the Buyer, costs necessary to bring the Products into conformity or their replacement, including postage, transportation, handling, diagnostics, expertise, disassembly, assembly, labor, materials used and packaging.


6.15 To the extent that the Seller refuses without any reason to take Repair Measures, although the Buyer has complied with the contractual terms and conditions of the Complaint, returning, as appropriate, the Defective Products to be replaced and they have been received by the Seller, the Buyer may claim the Seller (i) either the corresponding reduction of the Price, (ii) or the termination of the Contract, in any of the following cases:


6.15.1 if it does not benefit from either the repair or the replacement of the Product (s) with Defect / s;


6.15.2 if the Seller has not taken the appropriate Reparatory Measure within a reasonable period of time, other than that provided in the Contract;


6.15.3 if the Seller has not taken the Reparatory Measure within the term provided in Art. 6.13 above, without significant inconveniences for the Buyer.


6.16 The Buyer will not be able to claim the termination of the Contract if the lack of conformity is minor. The lack of conformity can be considered minor, the enumeration being exemplary, if: the Product packaging is degraded without affecting the qualities and properties of the Product, the packaging contains minor erasures that do not affect the Buyer's information on the component and / or installation of the Product, the color intensity of the packaging and / or of the Product is different from the one presented by the Seller.


6.17 In case of termination of the Contract according to the conditions of this chapter, the Seller will return the Price according to the provisions of the above chapter.


6.18 As a rule, the Warranty Term is the one provided by the Manufacturer. Under no circumstances will the Warranty be granted for a period longer than 2 years from the date of delivery of the Product. However, for Products whose Average Duration of Use is less than 2 years, the Warranty Term is automatically reduced to that duration. After the fulfillment of any terms provided here, the Buyer can benefit from Repair Measures only for the Products with Hidden Defects and only in the situation in which the Buyer has respected the procedure regarding the claim of the Hidden Defects.


6.19 For the avoidance of doubt, the Warranty within the above mentioned terms is granted only for the Products which, by their nature, can benefit from such a guarantee. Specifically, Food / food supplements and cosmetics distributed by the Seller are excluded.


6.20 The Warranty Term is extended by the duration of the Repair Measures, calculated from the date on which, depending on the Repair Measure taken:


6.20.1 The Seller has received the Defective Product (s) to replace them until the date of receipt new Products by the Buyer,


6.20.2 The Seller has repaired the Durable Products.


6.21 The commercial guarantee is granted for the Durable Products distributed by the Seller only insofar as the legislation in force provides such an obligation for the producers. Therefore, this guarantee could be granted by the manufacturer, according to the guarantee certificate issued / transmitted by the latter.


ARE YOU COMING. Rights and obligations of the Parties


7.1 The parties understand and undertake to fulfill their obligations and to exercise their rights provided in these TCG, in the Contract and / or in relevant normative acts, in good faith.


7.2 The buyer, as a natural person possessing rights and correlative obligations, has the following rights:


7.2.1 the right to order and receive the Products ordered within the Delivery Term;


7.2.2 The Right of Withdrawal under the conditions provided in the TCG and in the Contract;


7.2.3 the right to reasonably claim any non-conformity of the delivered Products;


7.2.4 the right to benefit from Reparatory Measures under the conditions provided in the TCG;


7.2.5 the right to change the Delivery Address with the notification of the Seller according to the Contract and respecting the provisions regarding the cost of this change within TCG;


7.2.6 the right to receive, under the conditions of the TCG and the Contract, the Price or the diminished Price, as the case may be, in case of return of the Seller's Products in compliance with the other provisions of the TCG and of the Contract;


7.2.7 the right to reasonably request from the Seller and to receive from him, free of charge, additional information regarding the Products and their use;


7.2.8 the right to address ANPC regarding issues regarding the Contract, in accordance with the law;


7.2.9 the right to terminate or terminate the Contract unilaterally;


7.2.10 the right to request the deletion of personal data after they have been processed by the Seller.


7.3 The buyer has the following obligations:


7.3.1 the obligation to place Orders with the real intention to purchase the Products distributed by the Seller;


7.3.2 the obligation to provide to the Seller correctly and completely the details of the Order and the details of the Delivery Address, as well as the details regarding his identity;


7.3.3 the obligation to receive and diligently check each Product ordered as well as the Package;


7.3.4 the obligation to pay the Price, as well as any other amounts provided here and in the conditions of the Contract;


7.3.5 the obligation to report to the Seller according to TCG any lack of conformity and / or any Hidden Defect of one or more ordered Products, as well as its options as the case may be;


7.3.6 the obligation to allow the Seller to take Repair Measures;


7.3.7 the obligation to return the Products for any reason, in the condition in which he received them, if this is allowed according to the TCG and this is his intention;


7.3.8 the obligation to request from the Seller additional information regarding the ordered Products insofar as he justifiably considers that he needs that information. For clarity, this information must relate to the protection of the life, health and safety of the Buyer and which although communicated by the Seller prior to the conclusion of the Contract, could not be understood by the Buyer.


7.4 The Seller has the following rights:


7.4.1 the right to refuse the Buyer's Order and / or Orders, according to TCG;


7.4.2 the right to choose any Carrier for the delivery of the Package;


7.4.3 the right to receive the Price, as well as any other amounts incumbent on the Buyer, in accordance with these TCG and those provided in the Contract;


7.4.4 the right to withhold any amounts due and to return to the Buyer only the Diminished Price, according to TCG and the Contract in case of reimbursement of the Products under the conditions agreed in TCG and in the Contract;


7.4.5 the right to be returned the Products in the condition in which they were delivered together with all the documents and / or gifts offered to the Buyer at the time of delivery of the Package;


7.4.6 the right to process, process, transfer and save the personal data of the Buyer, according to the policy presented on the Seller's web-site;


7.4.7 the right to refuse to take Reparatory Measures under the conditions established in the TCG;


7.4.8 the right to request and receive from the Buyer any information necessary for the fulfillment of the contractual obligations; the Buyer's unjustified refusal to provide this information, acquits the Seller for any damages suffered by the Buyer and / or any other third party (natural or legal person, regardless of nationality and / or form of organization and regardless of whether it is an authority, institution , autonomous or in any other way controlled by the state or private);


7.4.9 the right to modify the content of the website or other websites controlled by the Seller and, to the extent it deems necessary, to inform the Buyer in writing (regardless of means) about these changes if they concern TCG, the Contract or would concern future contracts;


7.4.10 the right to transmit to the Buyer information regarding the Distributed Products and or any other news regarding the Seller's activity, for marketing purposes, if at the time of the Order the Buyer has chosen in this respect. The Buyer knows that he can at any time request the Seller not to communicate to him the information provided in this article. Once notified in this regard, the Seller will no longer transmit this information to the Buyer;


7.4.11 the right to transmit to any authorities the data of the Buyer or any other details related to him, if they have been requested by the respective authorities in compliance with the legal provisions by these authorities.


7.5 The seller has the following obligations:


7.5.1 the obligation to distribute Products that comply with all relevant legal provisions in relation to their nature;


7.5.2 the obligation to confirm or not the Buyer's Order, in the latter situation being obliged to inform the Buyer about the reasons for which he refused the Order;


7.5.3 the obligation to deliver the Package under TCG conditions;


7.5.4 the obligation to receive the Products returned by the Buyer who has exercised his Right of Withdrawal, in the condition in which the Seller delivered them;


7.5.5 the obligation to receive within the limits of TCG, in the condition in which they were delivered by the Seller, the Products returned by the Buyer for the purpose of taking Repair Measures;


7.5.6 the obligation to take Repair Measures under the conditions provided in the TCG or, as the case may be, to inform the Buyer about the reasons for which he will not take Repair Measures;


7.5.7 the obligation to return the ordered Products or other Products, as the case may be, subsequent to the implementation of the Repair Measures;


7.5.8 the obligation to inform the Buyer about any changes to his identification data and / or other aspects regarding the Contract or could concern future contracts;


7.5.9 the obligation to stop transmitting information regarding the Products generally distributed by the Seller, if it has received from the Buyer in writing, a request to this effect, according to the procedure of withdrawal of the data processing agreement for commercial purposes, according to the procedures presented on the Seller's website and during telephone conversations with the Seller's representatives.


VIII. Termination of the Contract. The contractual responsibility


8.1 The contract by its nature is one with uno ictu execution (with instantaneous execution). However, as the Buyer is a consumer, the effects of the Contract will cease, depending on the Product (s) purchased either (i) upon expiration of the term for exercising the Right of Withdrawal, or (ii) upon expiration of the Warranty regarding these rights / obligations.


8.2 The contract may be terminated at the initiative of the Buyer in one of the following situations:


8.2.1 when the Buyer exercises his Right of Withdrawal and the Seller receives the Products and all documents and gifts, as the case may be, that accompanied them, in the condition in which they were delivered, returning the Price or Decreased Price, according to TCG and the Contract;


8.2.2 when the Buyer exercises his right to unilaterally terminate the Contract;


8.2.3 when the Buyer terminates the Contract under the conditions established in the TCG.


8.3 The Seller may claim from the Buyer any damages caused by the latter, either to the Seller directly or to the collaborators (regardless of the form of collaboration) of the Seller, as a result of the Buyer's failure to fulfill its contractual obligations in good faith and / or following the exercise by the Buyer of his rights abusively. The damages that the Seller will be able to claim from the Buyer may refer to, without the enumeration being exhaustive, the value of the Products improperly returned by the Buyer to the Seller, for any reason, and other costs related to this aspect, including transport costs, damages. image brought to the Seller, fines, fees, taxes and the like, paid by the Seller as a result of abusive actions of the Buyer in exercising his legal and contractual rights (abuse of procedural rights), including any legal costs (attorneys' fees, notaries public, of bailiffs, judicial stamp duties, expert fees), even if the procedure initiated by the Buyer is not a contentious one regardless of the competent court or court (“Damages”).


8.4 Regarding the Damages and their amount The Seller will send a notification to the Buyer in writing (including by e-mail) requesting him to pay them within maximum 14 calendar days from the date of receipt of the notification.


8.5 To the extent that the Buyer will not comply with the requirements of the Seller's notification, the latter will (i) apply to the total value of the Damages delay penalties in the amount of 0.5% per day of delay until the actual payment of the Damages and (ii) may initiate any legal action against the Buyer for the recovery of the Damages that the Buyer declares to understand and expressly accepts as just compensation resulting from his actions.


IX. Disputes and applicable law


9.1 Before addressing ANPC and / or the courts, the Buyer must notify any dissatisfaction to the Seller in order to amicably resolve any dispute. If within 30 days from the date on which the Buyer received the Seller's response or should have received it (namely within the time limits provided in the TCG) to the Complaint communicated to the Seller, then the Buyer may notify ANPC, or directly the competent court.


9.2 The notification of ANPC does not violate the right of the Buyer to address directly or subsequent to the notification of ANPC to the courts.


9.3 Disputes concerning any aspect related to TCG or the Contract are within the competence of the courts according to the legal provisions applicable at the date of concluding the Contract or notifying the court, respectively the court at the Singer's headquarters, or considering the transitional legal provisions that may arise in the situation. which current relevant legislation is subsequently amended.


9.4 TCG and the Contract are governed by Romanian law.


X. Final and transitional provisions


10.1 The Buyer understands and accepts, prior to the conclusion of the Contract that his personal data will be processed by the Seller in order for him to fulfill his contractual obligations. Also, the Buyer declares that he has been informed prior to the conclusion of the Contract regarding the Seller's policy regarding the protection of personal data, has read and accepted this policy, knowing that he has the right to request additional information from the Seller in this regard. The personal data policy can be found by accessing WWW.QLARIVIA.EU/unelte-gdpr. Also, the Buyer knows and accepts that he was informed by the Seller prior to the conclusion of the Contract regarding the fact that he can notify the National Authority for the Supervision of Personal Data Processing, prior to the conclusion of the Contract. This information is also available by accessing https://www.dataprotection.ro/ directly from the Seller's website.


10.2 The Buyer expressly accepts that (i) the Seller may change any terms and conditions regarding the relationship with the Buyer and will inform the Buyer accordingly, by publishing the changes online at WWW.QLARIVIA.EU/, the Buyer having the right to notify The seller does not accept these changes within the terms provided in the Contract. The non-contestation of these changes represents the tacit agreement of the Buyer regarding the respective changes; (ii) The Seller is entitled to Damage under the Contract; (iii) The Seller will be able to pay the Diminished Price according to the Contract; (iv) The Seller has the right to refuse an Order or Orders of the Buyer as well as the right of the Seller to stop the delivery of some Products or the temporary impossibility or not to deliver them; (v) The contract is governed by Romanian legislation; (vi) The Seller may exercise the actions and take the measures to which it is entitled under Chapter 6 of the TCG on Warranties; (vii) has understood and accepts clause 7.4.7 of Article 7 of the TCG (viii) The Seller may refuse to refund the Price and / or take over the Product if the conditions listed in the Contract and TCG are not met.


10.3 The Buyer declares that, prior to the conclusion of the Contract, he was informed by the Seller and understood that he can notify ANPC at any time, the details regarding this matter being available and accessing http://www.anpc.gov.ro/ directly from the Seller's website .


10.4 The Buyer declares that, prior to the conclusion of the Contract, he was informed by the Seller and understood that he can register on the Seller's website WWW.QLARIVIA.EU/ a user account, the conditions of its use being provided on the aforementioned site.


10.5 The Buyer expressly declares and accepts that he will not be able to attract the Seller's liability, if one of the following aspects is proved:


10.5.1 no Seller is the one who put the Product into circulation or distributed or delivered it;


10.5.2 depending on the circumstances, the defect that caused the damage to the Buyer, did not exist on the date on which the Product was put into circulation or appeared after the putting into circulation of the Product, due to causes not imputable to the Seller;


10.5.3 The product has not been manufactured for sale or for any other form of economic distribution of the manufacturer and has not been manufactured or distributed in the course of activities and professional of the Seller;


10.5.4 the defect is due to the observance of some obligatory conditions, imposed by the regulations issued by the competent authorities;


10.5.5 the level of scientific and technical knowledge existing at the time of putting the Product into circulation did not allow the detection of the defect in question;


10.5.6 the defect is due to the Buyer's non-compliance with the instructions for use, storage and maintenance provided in the technical documents accompanying the Product, demonstrated on the basis of specialized technical expertise;


10.5.7 the defect is attributable to the wrong design of the assembly in which the Product was mounted or to the instructions given by the manufacturer of the Product intended for the Buyer;


10.5.8 the defect is due to the improper use of the Product by the Buyer;


10.5.9 the damages are the consequence of the actions or inactions of other suppliers, such as those of electricity and its abnormal fluctuation, of gas, telephony;


10.5.10 the fault for the damages caused by the Product lies with the Buyer.


10.6 The Buyer declares that he has been informed, prior to the conclusion of the Contract by the Seller, through this TCG and other public information of the Seller, and that he has understood and assumes that the Products distributed by the Seller consist of Products that can be considered supplements. food, (ii) food and / or (iii) cosmetics do not replace a balanced lifestyle and do not cure certain diseases on their own.


10.7 The Buyer shall immediately inform (not later than 48 hours from the date of the reaction) the Seller of any alleged unusual reactions he may have encountered using Products distributed by the Seller which may be considered as food supplements, (ii) food and / or (iii) cosmetics. The Buyer will provide the Seller with all information regarding these reactions correctly and completely and will answer any questions of the Seller regarding this allegedly unusual reaction.


10.8 The Buyer shall immediately (not later than the date of finding) inform the Seller of any request from third parties claiming to distribute the Products distributed by the Seller and / or claiming to be affiliated with the Seller. Also, the Buyer will inform the Seller under the same conditions as before, and if third parties communicate to him regardless of the manner, any derogatory statements to the Seller and / or the Products distributed by him. In both cases, the Buyer will provide the Seller with all details and will answer any questions from the Seller regarding these issues. Moreover, the Buyer understands that agreeing to work with the Seller is ensured public safety regarding the sale of consumer goods, and an abusive refusal of the Buyer could lead to the payment of damages to both the Seller and third parties, as the Buyer has the obligation legal to help identify any person to avoid endangering public safety.


10.9 The Buyer can contact the Seller at BULEVARDUL TIMISOARA NR. 100P, RO-061334, BUCHAREST 6, ROMANIA, The seller being a company registered in the Trade Register attached to the Bucharest Tribunal under no. J40 / 2334/1991, with registration code RO431712. Also, the Buyer can contact the Seller by phone at +40 21 444 70 02 or by e-mail at OFFICE@QLARIVIA.COM, as well as using the contact form accessible online at WWW.QLARIVIA.EU/information/ contact.


10.10 The Buyer may access at any time for the purpose of informing and / or defending his interests the following internet pages, which were communicated to him by the Seller and / or could have been known by the Buyer, prior to the conclusion of the Contract:


10.10.1 WWW.QLARIVIA.EU/unelte-gdpr;


10.10.2 WWW.QLARIVIA.EU/termene-si-conditii;


10.10.3 WWW.QLARIVIA.EU/despre-noi;


10.10.4 WWW.QLARIVIA.EU/politici-confidentialitate;


10.10.5 WWW.QLARIVIA.EU/politica-cookie;


10.10.6 https://www.dataprotection.ro/;


10.10.7 http://www.anpc.gov.ro/;


10.10.8 https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN;


10.10.9 Details regarding the contacting of the Seller, the delivery of the Products, the payment methods accessible at WWW.QLARIVIA.EU//.


10.11 The Buyer expressly declares and accepts that it has concluded with the Seller, with the acceptance of the Order by the latter, a distance Contract, and that a copy of it has been delivered in hardcopy format to the Buyer together with the Package, together with the other documents accompanying the Products. Specifically, the Buyer declares that he has been informed by the Seller about the contractual conditions prior to the transmission of the Order by the Buyer to the Seller, the Buyer accepting the contractual conditions, for which he freely decided to conclude the Contract once received. with the Products and understands the legal consequences of this Contract and implicitly of TCG.




[1] According to the provisions of GEO 34/2014 and of Law no. 365/2002 on electronic commerce.


[2] Article 14 para. (3): The consumer is responsible only for the diminution of the value of the products resulting from their handling, different from what is necessary for determining the nature, characteristics and functioning of the products. The diminution of the value of the products must not be discouraging for the consumer in exercising his right of withdrawal. Regardless of the situation, the consumer is not responsible for diminishing the value of the products in case the professional failed to inform him about the right of withdrawal in accordance with art. 6 para. (1) lit. h).


[3] These provisions are in accordance with the provisions of Art. 20 of GEO 34/2014.


[4] According to the provisions of Art. 18 para. (1) of GEO 34/2014.


[5] Also provided by GEO 34/2014.


[6] Art. 16: Exemptions from the right of withdrawal. They are exempted from the right of withdrawal provided in art. 9-15 regarding the following distance contracts and off-premises contracts:


a) service contracts, after the complete provision of services, if the execution started with the prior express consent of the consumer and after he confirmed that he became aware of the fact that he will lose his right of withdrawal after the full execution of the contract by professional;


b) the supply of products or services whose price depends on the fluctuations on the financial market that the professional cannot control and which may take place during the withdrawal period;


c) the supply of products made according to the specifications presented by the consumer or clearly customized;


d) the supply of products that are likely to deteriorate or expire rapidly;


e) the supply of sealed products which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer;


f) the supply of products which are, after delivery, according to their nature, inseparably mixed with other elements;


g) the supply of alcoholic beverages whose price was agreed at the time of concluding the sales contract, whose delivery cannot be made before 30 days and whose real value depends on market fluctuations that the professional cannot control;


h) contracts in case the consumer has specifically requested the professional to go to his home to carry out urgent repair or maintenance works. If, on the occasion of such a visit, the professional provides services other than those expressly requested by the consumer or provides products other than spare parts necessary for the execution of maintenance or repair work, the right of withdrawal applies to those services or additional products. ;


i) providing sealed audio or video recordings or sealed computer programs that have been unsealed after delivery;


j) the supply of newspapers, periodicals and magazines, except for subscription contracts for the provision of such publications;


k) contracts concluded within an auction;


l) the provision of accommodation services, for a purpose other than residential, transport of goods, car rental, catering or services related to leisure activities, if the contract provides for a specific date or period of execution;


m) the provision of digital content that is not delivered on a material medium, if the service started with the prior express consent of the consumer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal.