Terms and Conditions

The website inchirieriutilaje.net is managed by TOP VILLAS LITORAL S.R.L. with headquarters in Romana Street nr 31, Constanta, Constanta county, registered at the Trade Register Office under no. J13/2329/2023 Tax Identification Code 48455520 , Email: contact@inchirieriutilaje.net, Tel.+40792025572

Please read these terms and conditions carefully for the best use of the site. Use of this site implies tacit acceptance of the terms and conditions of use set out below, which represent the agreement (contract) between the parties.

As the author/owner/administrator of the site inchirieriutilaje.net reserves the right to change and update at any time its content, as well as the Privacy Policy, Terms and Conditions of Use, without prior notice. Thus, please visit this section periodically to check the terms and conditions you have agreed to abide by.

1 - PURPOSE

The General Terms and Conditions of Sale (GTCS) shall apply to all sales of services by Top Villas Litoral S.R.L. through inchirieriutilaje.net to the Buyer and may be modified only with the express written consent of both parties.

In this GTCS, the following terms shall mean:

- Buyer: person, firm, company or other legal entity that issues an Order.

- Seller: commercial company Top Villas Litoral S.R.L. with registered office in Romana Street nr 31, Constanta, Constanta county,

- Goods and Services: any turnkey project or service, including the documents and services mentioned in the Order to be provided by the Seller to the Buyer.

- Order: an electronic document that intervenes as a form of communication between the Seller and the Buyer by which the Seller agrees to deliver the Services and the Buyer agrees to receive these Services, making payment for them.

- Contract: order confirmed by the Seller by issuing the invoice. The contract is concluded when the invoice is issued and not when the order is placed or the confirmation of receipt of this order is issued.

- Intellectual Property Rights (IPR): all intangible rights such as know-how, copyright and rights in kind, database rights, design rights, design rights, patents, trademarks and domain name registrations for any of the above.

- Specifications: all specifications and/or service descriptions as specified in the order.

2 - CONTRACTUAL DOCUMENTS

By placing an electronic or telephone order on the website inchirieriutilaje.net, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller carries out its operations. The order will consist of the following documents, in order of importance:

- The order (together with clear mentions of delivery and invoicing dates)

- Buyer's specifications (where applicable)

- GTCS

If the Seller confirms the Order, this will imply a full acceptance of the terms of the Order. Acceptance of the Order by the Seller shall be deemed completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring an acknowledgement of receipt from the Buyer. The Seller does not at any time consider an unconfirmed order as having the value of a Contract.

3 - VALIDITY

This Contract shall come into force upon issue of the invoice by the Seller. Information about the issue of the invoice shall be made by telephone or electronically (e-mail). The general terms and conditions of sale shall be the basis of the Contract thus concluded, in addition to which the Warranty Certificate issued by the Seller or a supplier of the Seller shall be used.

4 - EXTENSION OF THE SELLER'S OBLIGATIONS

The Seller shall use its professional and technical knowledge to achieve the result stipulated in the Order and shall deliver the Goods and Services that meet the Buyer's requirements, needs and specifications;

The information presented on the Seller's websites is for information purposes only and is documented or modified by the Seller according to the Manufacturers' presentation files/websites. Also, due to space considerations and coherence of the information structure, product descriptions may be incomplete but the Seller endeavors to present the most relevant information according to the information received from the Manufacturers, so that the product can be used in the parameters for which it was purchased;

Communication with the site can be done by interacting with it, posting opinions about products or communicating through the addresses mentioned in the contact section. Opinions or addresses containing insults or inappropriate language will be excluded or ignored. The seller is free to manage the information received, without having to justify it.

5. - ASSIGNMENT AND SUBCONTRACTING

The Seller may assign and/or sub-contract to a third party for services related to the fulfilment of the order, with the Buyer's information and without the Buyer's consent. The Seller shall always be liable to the Buyer for all contractual obligations.

6 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)

The Buyer understands the intellectual property rights and will not disclose to a third party or make public (on the internet or in the media) any of the information received from the Seller. Also, the names of the sites as well as the graphic insignia are registered trademarks of Top Villas Litoral S.R.L. and cannot be taken, copied or used without the written consent of the owner.

7 - CONFIDENTIALITY - ADVERTISING

All plans, documents and information of any nature provided by the Buyer to the Seller, including without limitation the order, will remain the property of the Seller. They may only be used for the performance of the contract. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by the Buyer with respect to the order without the prior written consent of the Seller.

8 - TIME LIMITS PENALTIES

In case the delivery and/or start up deadlines of the Order cannot be met, the Seller is obliged to notify the Buyer of the estimated delivery completion date. The Buyer shall be entitled to claim additional damages from the Seller, where permitted by law, in the event of total or partial failure by the Seller to perform the Contract in accordance with the agreed time limits. If the Buyer is culpably late in making payment for the goods within the period specified in the invoice issued by the Seller, the Buyer is obliged to pay a penalty of 0.5% per day of the amount due. If the Seller receives erroneous information regarding the invoicing or delivery of the products, a new deadline for the order will be set, which will be within 3 working days. The deadline for completion, unless modified by the Seller by notifying the Buyer, is 30 days from the placement of the order.

9 - INVOICING - PAYMENTS

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

Payment will be made by bank transfer or POS (point of sale) only after confirmation of the contract.

9.1 Once the payment has been made to the Seller, this agreement becomes legally binding. According to law 365 of 2002 art.9.

9.2 Prices displayed on inchirieriutilaje.net may be changed without prior notice to users. The prices are not a guaranteed offer and unlimited in time.

9.3 Prices of packages and services offered are accompanied by technical specifications. If the beneficiary requests other services with different technical specifications, inchirieriutilaje.net may or may not request a different price than the one displayed on the website.

10 - RISKS AND RESPONSIBILITIES

Delivery of services

The Seller undertakes to deliver the Goods and Services within the deadlines stipulated in the contract between the parties.

11 - ACCEPTANCE

Acceptance will be made when the Goods and Services comply with the technical characteristics mentioned in the Order. If the Buyer discovers that the Goods delivered or the Services provided do not conform to the technical specifications, then the Seller shall bring the Goods and Services into conformity within a maximum period equal to the execution term of the Order, without charging the Buyer any costs related to these operations. Also, the Seller shall comply with the provisions of Law 51/2003 for the approval of Government Ordinance no. 130/2000 on the legal regime of distance contracts, which gives the Buyer (only under the conditions of the above mentioned normative act) the right to unilaterally terminate the Contract within 10 days, and to receive within 30 days from the unilateral termination in writing (document signed by the Buyer and sent electronically or by mail with confirmation of receipt) the price of the Contract, conditioned by the return of the Goods and Services. The Seller shall have the right to claim damages from the Buyer, in accordance with the law, if it considers that the Buyer's actions were malicious.

12 - GUARANTEES

In addition to any other warranties provided by applicable law and detailed in the Warranty Certificate issued by Seller or Seller's supplier, they warrant Buyer against any non-conformity which may affect all or part of the Goods and Services, other than normal wear and tear, for a period of 24 months from the date of issue of the sales invoice.

There will be a payment guarantee for each machine rented according to its value, rental period and project location, which will be returned at the end of the contract.

13 - TRANSFER OF OWNERSHIP

Ownership of the Goods and Services will be transferred electronically at the time of payment by the Buyer to the email addresses provided by the Buyer.

14 - COMPLIANCE WITH LAWS AND STANDARDS

Seller shall comply with all laws, regulations and ordinances applicable to its contractual performance, including without limitation the manufacture or delivery of the Goods and Services.

15 - LIABILITY

Seller shall not be liable for damages of any kind which Buyer or any third party may suffer as a result of Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after their delivery.

Seller shall be liable in the event that its subcontractors and/or partners of any kind involved in the performance of the Order fail to perform any of its contractual obligations.

16 - DERISORY PRICE

The Seller shall make every effort to provide accurate information about the price and characteristics of the Products. It is possible that some prices may be erroneous. In case of registration of an order with a derisory price, the Seller has the right to cancel the Buyer's order.

17 - BREACH - TERMINATION

If the Seller fails to perform its obligations, including during the warranty period, the Buyer shall notify the Seller of such failure. A plan of action will be validated between the Parties within 30 days of notification. The Buyer may cancel an Order by e-mail before it has been delivered. Otherwise, the order will be subject to the return of goods, mentioned on the Seller's websites.

18 - BRUTE FORCE

Neither party shall be liable for non-performance of its contractual obligations if such non-performance is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.

19 - CONFIDENTIALITY OF DATA

Please read the Privacy Policy regarding the processing of personal data, which forms part of this Document.

21 - PROCESSING OF PERSONAL DATA

Please read the AGREEMENT on the processing of personal data, which forms part of this Document.

22 - USE OF COOKIES

See the Cookies Policy, which forms part of this Document.

23 - APPLICABLE LAW - JURISDICTION

This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract shall be settled amicably, and in the event that an agreement is not reached in this way, the competent courts of the Seller's headquarters shall have jurisdiction.

24 - MISCELLANEOUS PROVISIONS

If one or more provisions of these GTCS are in conflict with any applicable legal requirement, the said provisions shall not be applied and the Parties shall endeavor to agree together on new provisions which comply with the spirit of the original provisions. The parties to the contract shall be deemed to be independent contractors and neither party shall be granted the right or authority to assume or create any obligation on behalf of or to the detriment of the other. The terms and conditions of this Agreement supersede any prior written or oral agreements between the Parties hereto relating to the subject matter of this Agreement and may not be modified or changed except by written agreement signed by both Parties.