TERMS AND CONDITIONS
Article 1 – PURPOSE
The general terms and conditions of sale will apply to all sales of goods and services by ONIXFLY SRL, through the virtual store https://www.onixfly.ro to the Buyer and can be modified only with the express written consent of both parties.
In this document, the following terms will mean:
Buyer: the person, firm, company or other legal entity that issues an Order.
Seller: commercial company ONIXFLY SRL, with registered office in CITY, COUNTY, Street EPISCOP DR. VASILE COMAN, no. 3, Block 2, Stairs A+B, Apartment B3, Bihor County, trade register number J5/3066/2022, CUI 46961709.
• Goods and Services: any turnkey project, equipment, material and/or part thereof or service, including the documents and services mentioned in the Order or otherwise related to them to be provided by the Seller to the Buyer.
• Order: an electronic document that acts as a form of communication between the Seller and the Buyer through which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and to pay for them.
• Contract: Order confirmed by the Seller by issuing the fiscal invoice. The conclusion of the contract takes place when the fiscal invoice is issued and not when the order is placed or the confirmation of receipt of this order is issued.
• Intellectual property rights (hereafter IPR): all immaterial rights such as know-how, copyright and copyright, database rights, design rights, model rights, patents, brands registered and domain name registrations for any of the above.
• Specifications: all the specifications and/or descriptions of the Goods and Services as specified in the order.
Article 2 – CONTRACTUAL DOCUMENTSBy placing an electronic or telephone order on the website https://onixfly.ro, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its operations. The order will be composed of the following documents, in order of importance: • Order (together with clear mentions of delivery and billing dates)
• Buyer's specifications (where applicable)
In the case of campaigns with limitation of the number of products per Customer (the Customer being defined as the same consumer or the same legal entity (company name) or the same telephone number or the same delivery address or the same billing address), the launch of several orders having common any of the previously mentioned situations leads to their cancellation.
If the Seller confirms the order, this will imply full acceptance of the terms of the Order. Acceptance of the order by the Seller is considered completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring a confirmation of receipt from him. The seller does not at any time consider an unconfirmed order as having the value of a Contract.
Article 3 – VALIDITY
This Agreement enters into force when the invoice is issued by the Seller. Information about the issuance of the invoice is given by telephone or electronically (e-mail). The general terms and conditions of sale will form the basis of the Contract thus concluded, in addition to them being the Warranty Certificate issued by the Seller or one of his suppliers.
Article 4 – EXTENSION OF THE SELLER'S OBLIGATIONS
The Seller will use his professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods and Services that meet the requirements, needs and specifications of the Buyer;
The information presented on the seller's websites is informative and is documented or modified by the Seller according to the Producers' presentation sheets/sites. Also, for reasons related to space and the coherence of the information structure, product descriptions may be incomplete, but the seller makes efforts to present the most relevant information according to the information received from the Producers, so that the product is used within the parameters for which it was purchased;
Communication with the store - can be done by interacting with it, posting opinions about the products or communicating through the addresses mentioned in the contact column. Opinions or addresses that contain insults or inappropriate language will be excluded from the site or ignored. The seller has the freedom to manage the information received, without having to provide justifications for this.
Article 5 – ASSIGNMENT AND SUBCONTRACTING
The Seller can 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.
Article 6 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Buyer understands the intellectual property right and will not disclose to a third party or make public (on the Internet or the media), any of the information received from the Seller. Also, the names of the sites as well as the graphic symbols are registered trademarks owned by ONIXFLY SRL and cannot be taken over, copied or used without the written consent of the owner.
Article 7 – CONFIDENTIALITY – ADVERTISING
All plans, documents and information of any nature provided by the Buyer to the Seller, including but not limited to the order, shall remain the property of the Seller. They can only be used for the execution of the contract. No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer regarding the order without the prior written consent of the Seller.
Article 8 – PENALTY TERMS
If the deadlines for delivery and/or start of the Order cannot be met, the Seller is obliged to notify the Buyer of the estimated deadline for completing the delivery. The Buyer will have the right to claim additional damages from the Seller, when permitted by law, in the event of total or partial failure by the Seller to execute the Contract in accordance with the established terms. If the Buyer delays payment of the goods within the term stipulated in the invoice issued by the Seller, he is obliged to pay a penalty of 0.5% per day of the amount owed. If the Seller receives erroneous information related to the invoicing or delivery of the products, a new deadline for honoring the order will be established, falling within 3 working days. The deadline for completion, if not changed by the Seller by notifying the Buyer, is 30 days from placing the order.
Article 9 – BILLING – PAYMENTS
The price, payment method and payment term are specified in the Order. The Seller will issue to the Buyer an invoice for the Goods and Services delivered, the Buyer's obligation being to provide all the information necessary for issuing the invoice in accordance with the legislation in force.
If re-invoicing is desired, changing the billing data requires canceling the initial invoice and issuing a new invoice. Re-invoicing can only be done within the same accounting month and only for invoices that exceed the value of 100 lei. Please note that re-invoicing is only possible in the variants: legal person - legal person or natural person - legal person, not and legal person - natural person.
The seller does NOT apply the broken down payment of VAT, according to the Register of persons who apply the broken down payment of VAT.
Article 10 – RISKS AND RESPONSIBILITIES
The Seller undertakes to send the Goods and Services by courier to the Buyer or deliver them personally to a registered work point.
Transport – Packaging
Unless otherwise agreed by the Seller and the Buyer, the Seller discharges the risks and responsibilities associated with the Goods and Services at the time of their delivery to the internal courier company with which the Seller collaborates. The Seller will ensure the appropriate packaging of the Goods and Services and will ensure the transmission of the accompanying documents on a sustainable medium (printed / mail or on the website for the account of the Buyer). The Seller will deliver the Goods and Services on the territory of Romania.
The Seller can provide, at the Buyer's express request, services consisting of downloading, installation, start-up and delivery acceptance. These services will be negotiated directly between the Seller and the Buyer, regarding the price, the terms of payment and the terms of their provision.
Parcel opening service upon delivery
The Seller can offer, at the express request of the Buyer for a fee, for certain products the service of opening the parcel upon delivery. In this way, the conditions are ensured that upon receiving the parcels both the condition of the outer packaging and the visual appearance of their contents are checked. The receiving signature certifies that the products have been properly delivered.
Article 11 – ACCEPTANCE AND THE RIGHT TO WITHDRAW
Acceptance will be made when the Goods and Services comply with the technical characteristics mentioned in the Order. If the Buyer discovers that the Products delivered or the Services provided do not comply with the technical specifications, then the Seller will bring the Products and Services into compliance within a maximum period equal to the execution term of the Order, without imputing to the Buyer any costs related to these operations. Also, the Seller will comply with the provisions of GEO 34/2014 and apply the return policy. The Seller has the right, when he considers that the actions of the Buyer were with bad intention, to request damages to the Buyer, under the terms of the legislation.
Article 12 – SURPLUS GOODS
Any goods delivered in excess of the quantity stipulated in the Order may be refused by the Buyer within 7 calendar days of delivery.
Article 13 – WARRANTIES
In addition to any other guarantees provided by the applicable laws and detailed in the Warranty Certificate issued by the Seller or a supplier of the Seller, they guarantee the Buyer against any non-conformity that may affect all or part of the Goods and Services, with the exception of normal wear and tear, for the period of 24 months from the date of issuing the sales invoice. Exceptions are consumable products, which do not benefit from a guarantee or products with a definite guarantee.
Article 14 – TRANSFER OF OWNERSHIP
Ownership of the Goods and Services will be transferred at the time of payment by the Buyer at the location indicated in the order (understood by delivery - the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the Seller's staff) .
In the case of delivery by courier, he is not authorized by the Seller to allow the Buyer to open the parcels before signing the delivery, but only after the signing of the delivery and the payment of their possible counter value. The seller cannot be held responsible for the contents of the shipped parcels unless there is a document signed by the buyer and the representative of the courier who made the delivery.
Article 15 – COMPLIANCE WITH LAWS AND STANDARDS
The Seller will comply with all laws, regulations and ordinances applicable to its contractual achievements, including without limitation the manufacture, assembly, handling, transport, storage, packaging or delivery of Goods and Services and applicable to health, safety, environment.
Article 16 – RESPONSIBILITY
The Seller cannot be responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for product loss.
Promotions are valid within the limit of available stock.
The seller will be responsible if his sub-contractors and/or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.
Article 17 – RIDICULOUS PRICE OR WRONG CHARACTERISTICS
The seller makes every effort to provide correct information about the price and characteristics of the products. It is possible that some prices and/or features are incorrect. In case of registration of an order with a ridiculous price, the Seller has the right to cancel the Buyer's order. In case of registering an order for a product with erroneous characteristics, the Seller will make every effort to deliver to the Buyer a product with characteristics as close as possible to those presented on the website at the time of placing the order. If the Buyer does not agree with the Seller's proposals, the Seller has the right to cancel the Buyer's order.
Article 18 – BREACH – TERMINATION
If the seller does not perform his obligations, including during the warranty period, the Buyer will notify the Seller of this failure. An action plan will be validated between the Parties within 3 days of notification. The buyer can cancel an Order by e-mail, before it has been delivered. Otherwise, the order will be subject to the return of the goods, mentioned on the Seller's websites.
Article 19 – FORCE MAJEURE
None of the parties will be responsible for non-performance of its contractual obligations, if such non-performance is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.
Article 20 – APPLICABLE LAW – JURISDICTION
This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract will be resolved amicably, and if an agreement is not reached in this way, it will be appealed to the competent courts at the Seller's headquarters.
Article 21 – MISCELLANEOUS PROVISIONS
If one or more provisions are in conflict with any legally applicable requirement, said provisions will not be applied and the Parties will work together to agree on new provisions that respect the spirit of the initial provisions. The parties to the contract will be considered independent contractors and none of the parties is granted the right or authority to assume or create any obligation on account or to the detriment of the other. The terms and conditions of this contract supersede other previous written or verbal agreements, between the aforementioned Parties, regarding the subject of this Agreement and may not be modified or changed except by written agreement signed by both parties.
To place an order, minors must have the consent of their legal representatives.
ONIXFLY SRL reserves the right to refuse collaboration with customers who display inappropriate behavior and language, in writing or verbally (aggressive, licentious, etc.), have refused deliveries in their order history, abuse the right of return within 14 days.
Questions about the Terms and Conditions should be sent to us at i email@example.com
Last update 17. 10. 2022