Terms of Use

Terms and conditions of use

 

IMPORTANT LEGAL INFORMATION.

Please read the following terms and conditions of use carefully. These terms govern the use of the Website and Services offered through the Website. They constitute an Agreement between you and us.

You must be at least 18 years of age and be fully capable of acting legally and agreeing to these Terms of use under the applicable laws in force 

 

1.     Acceptance of Terms of Use 

These Terms and Conditions of Use (hereinafter "Terms of Use") are a binding agreement between you and the company registered under the name […], with headquarters in Bucharest, […], registered with the Bucharest Trade Registry under no.  […], Sole Registration Code […] (hereinafter  "[…]", "we", "our" or the "Company") and govern the use of the www.nobacco.ro  website (hereinafter the "Website"), as well as the contents, products and services provided through the Website (which together with the website shall collectively be referred as the "Services", and with reference to products offered by the e-shop, shall be referred to individually as the "Products") and the content of the Company's online shop as featured on the website (hereinafter the "e-shop"). By accessing, viewing or using any of the Services, you are declaring that you are at least 18 years of age and fully capable of acting legally to agree to and be bound by these Terms of Use and to be subject to them. In conjunction with the above, you also declare and attest that you have the right and the authority to agree to and be bound by these Terms of Use.

 If you do not agree with the Terms of Use, you should not click to accept or otherwise agree with these Terms of Use, and you should immediately leave the Website and not enter it or use it or any of its Services.

By access the Website, you agree to sign a non-electronic form of these Terms of Use, should we request that you do so. Please print out and retain a copy of these Terms of Use for your records.

2.     Lawful use

"Lawful use" of our Services implies the unconditional acceptance of these Terms of Use and, upon your use of these Services, your compliance with current Romanian law governing such transactions, as well as any other applicable legislation. The acceptance of the terms hereof in no way constitutes any type of work agreement or relationship or cooperation with us. In the event that any of these Terms of Use are violated, we reserve the right to exclude or delete you from the Website and its Services at any time.

 

3.     Changes in the Terms of Use and Services 

The Terms of Use may be amended or changed by us at our discretion and at any time, with or without notice. The date that these Terms of Use were last updated is stated at the beginning of this page. Continued access or use of the Website, or any other Services, following such changes will be considered unconditional acceptance of these changes. We also reserve the right, at our own discretion, to amend, suspend or discontinue any or all of the Services, at any time, with or without notice. We ask you to visit this page from time to time to take note of every amendment, to ensure you are familiar with the most recent version of these Terms of Use.

 

4.     Personal Data Protection Policy 

We are committed to protect the confidentiality of the personal data you provide through the Website. The personal data submitted through the Website are subject to the Privacy Policy which constitute an integral part of these Terms of Use. Please read our Privacy Policy for insight into our practices regarding respect for your personal data. We do not knowingly collect personal information from persons under 18 years of age. The date the Privacy Policy was last updated is […] noted at the top of the Privacy Policy section on our Website.

 

5. E-shop

 

5.1 The Company's products are distributed through the e-shop in accordance with these Terms of Use and the above-mentioned Privacy Policy, which is an integral part of these Terms.  

 

5.2 Information & products provided

The Company is bound to provide qualitative, complete and timely information on its Website, both with regard to the accuracy of information posted there, and the Services and Products provided by the e-shop, without prejudice to possible technical or typographical errors which cannot be anticipated or which have occurred unintentionally, or the discontinued operation of the Website due to circumstances beyond the Company's control.

 

5.3 Limited liability

The Company:

(a) fully complies with the provisions of the Civil Code regarding the sale and purchase agreement, and also with the laws in force regarding Consumer Protection,

(b) cannot guarantee the availability of Products, but it does guarantee to provide timely information regarding unavailability.

(c) provides the contents (e.g. information, names, photographs, documents and announcements), the Products and Services in general "as is", with no guarantee whatsoever, either express or implied (without prejudice to specific stipulations in these Terms of Use and the provisions of the mandatory law applicable to them).

(d) is not liable for any technical problems that may arise for you when you attempt to access the Website and the e-shop and while having access to them which are related to the operation or compatibility of their infrastructure with the use of the Website.

(e) is not liable or bound by potential errors in specifications, photographs or prices of Products listed in the e-shop and cannot guarantee that there will be no errors resulting from any cause upon entering and/or updating such specifications and/or the price of a Product.

(f) is not liable for any legal, civil and/or criminal claims nor for any damages (material, specific or consequential, which may include but are not limited to, alternatively and/or cumulatively, loss of profits, data, loss of earnings, financial compensation, moral damage, etc.) suffered by visitors to the Website or third parties due to a cause related to the operation or lack thereof and/or the use of the Website and/or due to inability to provide services and/or information offered through the Website and/or due to prohibited interventions by third parties to products and/or services and/or information available there. Our company assures the protection of the data collected from the site visitors in accordance with the Privacy Policy, an integral part of these Terms of Use.

 

5.4. Personal data

In order to use the e-shop, it is necessary for you to provide certain personal information. To place an order, you will be asked your full name and address, the address to which you wish to have the Products sent, your telephone number and your e-mail address, among other things, and in the event you elect to pay by credit card, you will need to provide the card number, date of expiry and security code. By entering your e-mail address, you agree that all information sent to you as part of filling your order may also be sent to the provided e-mail address.

 

5.5 Orders - Product Purchase

During the purchase and completion of each order, you will be guided step by step by the automated instructions of the system. Your order will be registered. Once the order has been completed, you will receive an e-mail verifying that your order has been received. From this point onward, you enter into an agreement with […]. We also retain the right to communicate with you by telephone to confirm the order. Before the order is completed, you will be able to review the order and make corrections.

5.5.3 In the event of erroneous dispatch of unsolicited Products, their unconditional acceptance or failure to inform the Company and return the Products cannot be regarded as consent or declaration of intent to purchase them, having the right to not pay the price for the Product and also the obligation to return the Products in the same condition you received it. In such cases, the Company will assume the cost of returning the Product to its own premises.  If the product has been used or is not in the condition in which it was originally delivered, we reserve the right not to accept its return and to ask that you pay the cost of the Product.  

 

5.6 Right of withdrawal for contracts concluded in distance (Government Emergency Ordinance no. 34/2014 on the users’ rights in agreements concluded with professionals, and on the amendment and completion of certain normative acts). Product returns

You have the right to return Products purchased from the e-shop within fourteen (14) calendar days of receiving them, in accordance with Article 9 of GEU 34/2014. You can return Products directly to the address from […], or send them by mail/courier to the same address at your own expense. With regard to online orders, before returning Products, you can contact the Company's Customer Service Department either by phone […], or via e-mail at: […]. According with the law, you have the right to return a Product you purchased from the e-shop without being required to state the reasons, under the following terms and conditions:

(a) You are entitled to withdraw from the contract (hereinafter "withdrawal") within a period of fourteen (14) calendar days from the date the Product was delivered. In the event that you have ordered a number of items as part of one order, but these were delivered separately, the above period begins from the date the last Product was received.

(b) The withdrawal is without reason, but you are liable for any diminished value of the Products as result of handling them, in the conditions provided by the law in force.

(c) You will bear the direct costs related to return of the Products.

(d) The withdrawal statement is made in writing by filling out the related form [….] and sending it i) either to the Company's postal address as listed above, ii) or to the e-mail addresses, […]. The Company is required to acknowledge receipt of the withdrawal statement in writing as soon as it receives it.

(e) You are required to return the Product within fourteen (14) calendar days from the day upon which you notified us of the withdrawal and that we demonstrably were made aware of it. Returns are made to the address from […] or, if you prefer, we can pick up the Product from you, by courier at your expense.

(f) The Company will refund without any unjustified delay, all the amounts received from you as payment, including, where applicable, the expenses for delivery, and in each case, no later than 14 days from the date you notified us your withdrawal.

 (g) A product sold with an additional gift must be returned with the gift; otherwise the value of the gift will be deducted from the refund amount.

(h) The right of withdrawal, the conditions thereof and its exercise are also governed by the provisions of Government Emergency Ordinance no. 34/2014, as amended and any other applicable legislation. 

 

5.7 Exceptions to the Right of Withdrawal

Exceptions to your right to withdraw include, but are not limited to:

(a) Cases in which the price of the Products has been paid by a buyer at a Company store and the Products have also been received from a physical Company store, since such a sale would not be considered a distance sale and is therefore not subject to the provisions regarding the right of withdrawal.

(b) Products which may not be returned for reasons of health protection or hygiene, and which have been unsealed upon delivery. This class of Products expressly and without exception includes the […], the return of which the Company will not accept.

(c) Exceptions to the right of withdrawal, the conditions thereof and its exercise are governed by the provisions of Article 16 of GEO 34/2014, as in force, and any other (present or future) applicable legislation.      

      

5.8 Supplier (Manufacturer) Liability. Guarantee

5.8.1 The withdrawal as outlined in par. 5.6 of these Terms of Use does not apply to defective Products or Products which are not in conformity. Such Products are covered by their respective guarantees.

5.8.2 The supplier of each Product you purchase is liable for any damages due to a defect in their product. Any agreement limiting or exempting the manufacturer from such liability is void. Claims against the Supplier for damages become statute-barred three years after the injured party was informed, or should have been informed about the damage, defect and the identity of the manufacturer. Ten years after the release of the particular product, any claims against the manufacturer by the injured party are statute-barred. If there is any question as to the identity of the manufacturer of a product you received from us, please inform us.

5.8.3 Every durable consumer good is accompanied by a written guarantee from the product manufacturer or the Company which imported the Product into the EU, or the Company which places its trademark on the product appearing as its manufacturer (hereinafter the "Supplier"). Please pay particular attention to the terms of the guarantee provided by the Supplier and to the rest of the accompanying documents and information, which the Supplier is bound to include in the products and particularly those materials which include information about the safe use and maintenance of the products. The following are specifically noted:

(a) The Supplier is obliged to provide the consumer with clear and complete written instructions, in Romanian or with internationally recognized symbols, on the safe use, safekeeping, maintenance and full use of the product and information regarding the risks related to its use and safekeeping.

(b) The guarantee should include at minimum the full name and address of the guarantor, the product to which the guarantee refers, the precise contents, its term and the extent of its territorial limits, written in simple Romanian that is easy to read and understand. The guarantee must accord with the rules of good faith and should not be undermined by excessive exemption clauses. The term of the guarantee should be reasonable in relation to the useful life of the product. A possible useful life of a product is the reasonable expected period of time during which the product can be used as intended, even after repair or replacement of parts, until the wear and tear from regular use renders the product useless or its continuing use economically non-viable. Specifically, with regard to cutting-edge technology products, the term of the guarantee should be reasonable in relation to the period of time during which these products are expected to remain technologically state-of-the-art, should this period be shorter than their potential useful life. If a defect should become apparent during the effect of the guarantee and the Supplier refuses or delays repairs beyond the time needed, the consumer is entitled to request that the product be replaced with one of the same specifications and quality or, if it is not repairable, to terminate the agreement. If the time needed for repairs exceeds fifteen (15) business days, the consumer is entitled to request a temporary replacement for the product for the duration of the repairs. The Supplier's infringement of its obligations does not affect the validity of the guarantee, which the consumer can invoke. In the event the product or a part is replaced, the guarantee is automatically renewed to its full term with regard to the new product or part.

(c) In addition to and aside from the guarantee, the Supplier of new durable consumer goods is required to provide to consumers ongoing technical services for product maintenance and repair for a period equal to the estimated life expectancy of the products. Moreover, the Supplier must ensure that consumers can easily obtain parts and other products required for the intended use of the product for the duration of their estimated life expectancy.

5.8.4 In applying the foregoing provisions, the Company - as a supplier of a Product as defined above - will provide you with every possible assistance in fulfilling the terms of the Supplier's guarantee, at no charge to you. This is independent of off-warranty maintenance services that we may provide occasionally at the price in effect from time to time.

 

5.9 Legal guarantee for conformity offered by […]as seller

5.9.1 The products purchased via the Site are provided with the conformity guarantee of each Product individually, in compliance with the guarantee conditions as per the legislation in force. […] provides the guarantee of all traded Products, according to the provisions of Law no. 449/2003 on sales of Products and their associated guarantees (as subsequently amended) and according to the information on the Product guarantees described in the Product guarantee certificate, for each Product individually.

5.9.2 If you purchased a Product which presents any lack of conformity, you are entitled to choose one of the following remedies: a) request, without additional charge, that the Product be repaired or replaced, unless such an action is not feasible, or requires disproportionate expense; b) request a price reduction; or c) terminate the sales contract, unless a minor defect is at issue. If you choose to repair or replace the Product, the Company must undertake such repair or replacement within a reasonable time period.  

5.9.3 The Seller’s liability for the legal guarantee for conformity, according to the provisions of art. 9-14 of Law no. 449/2003, is engaged if the missing conformity occurs during the medium service life of the products traded via the online Shop, namely during a time period ranging between 1 month and 12 months, term calculated as of the Product delivery. The duration of the guarantee term differs and is established precisely for each product in accordance with the guarantee certificate offered upon its purchase.

5.9.4 At any time you ascertain a defect, you may contact us immediately after delivery either the same day or the following business day at […] or by e-mail at […]. Once you have reported the Product as defective, the Company reserves the express right to have the Product deemed defective by the competent technicians.

5.9.5 The Company's obligations as above do not apply in the event the defect has been caused by you or by an event of force majeure. In all events, the Products must be accompanied by the necessary validating documents –certificate of guarantee, invoice and proof of payment. 

 

5.10 Product Prices

The prices listed next to each Product as the final price include the applicable VAT. The prices do not include shipping costs. The total cost (including shipping costs) is verified upon completing the order.

 

5.11 Shipping - Product Availability - Delays

5.11.1 Products will be shipped to the address you provide via one of the available shipping methods that you select during the ordering process. Provided the ordered Product is available in our warehouse, and there is no other reason requiring us to temporarily or permanently suspend the sale of a particular Product, every effort will be made to ship the order within 24-72 hours. In all cases, the Company is required to fulfil its contract within thirty (30) days at most from confirmation of the order; otherwise, you are entitled to withdraw from the contract of sale with us.

5.11.2 We will make every possible effort to execute your order within a reasonable time and within the limit stated above; however, your order may be delayed for the following reasons: (a) Because the shipment of the Product by the Supplier has been delayed at Customs or during shipping and we do not have it in stock by the time originally expected. In such case, we will contact you to ask whether you would like the order to be delivered without this Product (if the order includes additional Products), or to suggest an alternative Product. (b) The Product you ordered has already been discontinued and is no longer available. In such case, we will contact you immediately to provide you with alternatives. (c) In periods of extreme weather conditions or strikes, or any force majeure which may affect the transport and delivery of your order. (d) In the event that it is not possible to contact you either by telephone and/or e-mail (should a problem arise with regard to your order, either with the Product or with payment) because the information you entered is either incorrect or no longer valid.

5.11.3 Unavailability of part of the order: If only some of the Products ordered are unavailable, the remainder of the order is executed normally, unless the Products in the order are related and are intended to be used together as a unified whole and you state that partially filling the order does not serve your needs or interests, in which case the Company is obliged to cancel the entire order.

 

5.12 Payment Methods

For your convenience and to best serve you, the Company offers the following payment methods:

(a) cash on delivery

Cash on delivery of the order is paid to the employee of the courier service we use.

(b) payment by card on delivery, only for Bucharest

You may pay with your card on delivery of the order, the payment is made to employee of the courier service we use by POS wireless.

(c) Bank deposit

You can choose the bank that is most convenient for you to deposit payment for your order in the Company’s account. Please include your full name in the "Reason" section of the deposit receipt. You may deposit payments in the Company’s account opened with:

Bank: […]

Beneficiary: […]

Bank Address: […]

IBAN: […] 

COD SWIFT: […] 

The Company will first verify that the full amount due for your order has been deposited before proceeding with shipment. This may take 2-3 business days. We will collect the amount after the order has been delivered to you.

  

6. Intellectual property rights 

The whole Site content, including but without being limited to logos, graphic representations, commercial symbols, static/dynamic images, multimedia text and/or content, is the exclusive property of […].

The User/Client is not allowed to copy, reproduce, distribute, publish, transfer, modify, alter, use, create any connections, expose, include any element of the Site in any material of the User/Client or any third party, for a purpose other than concluding/executing a Contract for Products and informing on the Products traded on Site, without a prior written agreement of […] in this matter.

In case where the User/Client transmits/transfers to the owner of the online shop any information or content (including logos, graphic representations, commercial symbols, static/dynamic images, multimedia text and/or content), it shall not generate any obligation for […], save for the case where there is a prior written agreement of the parties to this end.

By accessing these Terms and Conditions, the User/Client understands and agrees that it is forbidden expressly to use the Site and its contents for any purposes other than those expressly permitted according to the Contract Terms and Conditions.

The copyrights for certain logos, slogans belong to our partners and collaborators and are reproduced on the Site under their agreement.

 

 7. Code of Ethics and Conduct 

You agree to use the Services in accordance with the following code of ethics and conduct:

(a) You shall keep all information provided to you through the Services private and confidential and will not give this information to any third party without the permission of the person providing it to you.

(b) You shall not use these Services to take part in any form of harassment or aggressive behavior which constitute or include but are not limited to downloading of communication images, recordings containing defamatory, slanderous or abusive content, defamatory statements, actions with racist, pornographic or obscene content, use of offensive language etc.

(c) You shall not forward chain e-mails through the Services.

(d) You shall not use the Services to violate the privacy rights, property rights or any other rights of any person.

(e) You shall not publish messages, images or recordings and/or shall not provide information nor use the Services in any manner which:

1. Violates, or copies the rights of any third party, including but not limited to copyrights or trademarks, rights to protection of privacy and other private or property rights.

2. Is fraudulent or otherwise illegal or constitutes a violation of any applicable legislation.

(f) You shall not use the Services to distribute, promote or otherwise publicise advertising for any goods or services and in general for any advertising purposes.

(g) You shall not use the Services to distribute or upload any virus or malware of any type, or to do anything else that could harm the Services or us in any manner.

(h) You shall always use the Services in accordance with the law and applicable legislation. Minors are prohibited from using the Services.

(i) Responsibility for the accuracy of personal data and information lies solely with you as the provider, since the Website functions only as a means of presenting and publishing such information and does not process it.

(j) The data and information you provide and publish:

1. Must not be false, inaccurate or misleading.

2. Should not directly or indirectly lead to the deception of third parties.

3. Should not be contrary to the provisions of Romanian and European legislation and in general any applicable legislation, including provisions related to matters of consumer protection, unfair competition, discrimination or misleading advertising, protection of intellectual or industrial property, trade secrets or right to privacy.

4. Must not contain viruses, trojans, worms, time bombs or cancel bots, or any other programming code that could cause intentional harm or cause loss of data from computers belonging to users of the Website or the system in general, and should also not lead to loss of resources or Services or Website functions.

(k) To ensure the proper use of information you provide and to avoid potential violations related to this content, it is agreed that we shall be fully authorized to control and use this information. […] is bound to use this information in accordance with these Terms of Use.

(l) Access and use of the Services of the Website must comply with these Terms of Use. The use of any method to track this Website or copying all or part of its operating mechanism or its content without our prior written authorisation is prohibited. In particular, the use of any program or other method of intervening in the Website's operating mechanism or in any entry contained therein is prohibited. Also prohibited is any action that would burden or abuse the Website's search engine and technological infrastructure. It is also forbidden to copy, modify, paraphrase or republish the contents of the Website without our prior written authorisation.

 

 8. Tracking of Services and Advertising 

We reserve the right to use, at our own discretion, third-part advertising companies, such as but not limited to Facebook, Yahoo!, Google and Microsoft, to display adverts when you visit our Website, provided it is permitted under applicable law. These companies can use information related to your interests to provide adverts for goods and services that may interest you (profiling activities), in compliance with the provisions of the national and European legislation on personal data . We reserve the right to track all advertising, public announcements and posted messages to ensure that these comply with content guidelines we have provided and which can change at any time.

 

9. External Links 

Our Services may include links to other websites (hereinafter "Links"). You acknowledge that we are not liable for these Links and we are not responsible for the availability of links or their content. If you use one of the Links, we suggest you to read the terms of use and privacy statements of these Links before using them.

 

10. Non-commercial use 

These Services are provided for personal, non-commercial use. You are not entitled to and are prohibited from advertising or inciting any user to purchase or sell any products or services through these Services. You are also prohibited from sending and transmitting chain e-mails, junk or spam e-mail to other users. In addition, you shall not use the information received from the Services to contact, advertise to, incite or sell to any user or member without their prior express consent. If you violate the terms of this paragraph and/or send or publish spam, or engage in other unsolicited communication of any kind through the Services, we reserve all rights, claims and cause for action that we may be granted under the law or otherwise, including but not limited to the right to seek legal remedies for all spam messages you send through the Services.

 

11. Newsletters - Advertising/Information Bulletins 

The Company enables visitors/users of the Website to choose to be informed about new products, special offers, stores, contests, etc. by receiving newsletters to their e-mail or postal address or by telephone. These newsletters are the intellectual property of […] and as such are protected by the pertinent provisions of Romanian legislation and international agreements. The Company may retain a record of users e-mail addresses to send other messages of an informational or financial nature. The Company shall not abuse the aforementioned service. In the event you do not wish to receive informational messages, you have the option of unsubscribing. The use of your e-mail address for communication related to your orders does not fall under the definition of informational materials in the present context.

 

12. Compensation 

You agree to compensate us for any loss, damage, claim or demand by a third party or expenses (including reasonable lawyers' fees) due to or resulting from the improper use of Services or any violation of these Terms of Use.

 

13. Applicable Law - Disputes 

These Terms of Use shall be governed by Romanian laws. The disputes arising between users and Nomilus shall be amicably solved. If the dispute cannot be settled amicable, this will be solved by the competent court of law from Nomilus headquarters. By accepting of these Terms of use, you agree with this choice.

 

14. Choice of Language - Notifications 

All written notices, reports and statements must be written in English or Romanian and be transmitted: a) by us to you via e-mail to the address you entered upon registration or which you provided later (in the event the initial address changes) b) by you to us via e-mail at […] or by registered post or other dispatch service (courier) and proof of receipt to the address listed at the top of these Terms of Use, or to another address stipulated by us. It is expressly stated that all deliveries made to the above addresses will be valid.  

       

15. Partial Invalidity and Replacement of Valid Provisions  

In the event that any of the provisions contained herein may be interpreted in more than one way, one of which may render the provision invalid, liable to be declared null and void or unenforceable, such provision will be interpreted in such a way as to render it valid and enforceable. In the event that any court or public authority determines that a provision herein is unenforceable due to the way it is written or worded, such provision will be amended to render it enforceable to the maximum degree possible under the laws and provisions of the jurisdiction within which its enforcement is being sought, ensuring it provides the parties the same basic rights and has equal force as it did before its amendment.       

 

16. Waiver 

It is not assumed that the contracting parties have been exempted from or have waived rights, powers or obligations pursuant to these Terms of Use simply because they have employed practices contrary to the Terms contained here, or due to omission or neglect on their part to exercise any right according with the Terms or to insist on full compliance of the counterparty with these obligations. Even the long-term tolerance of violations of this agreement by the counterparty in no way implies or supports the waiving or lapse of these rights.

 

17. Binding nature 

These Terms of Use are legally binding on the contracting parties, as well as on the respective representatives, administrators, depositories, beneficiaries and their successors.