Terms of service

 

This document establishes the terms and conditions ("Terms") governing the access to and use of the website available at the URL www.sweet-mountain.ro as well as the conditions for purchasing the Products and/or Services sold through the online store accessible at the same web address ("Store").

These Terms are an agreement between you, as a user accessing or purchasing products and/or services from our Store ("you", "user" or "Buyer") and the company MOUNTAINSIDE PRODUCTION SRL, with its registered office at 122A Principală Street, Dârlești Village, Horea Commune, Alba County, tax identification code 46187595, registered with the Trade Register Office under no. J1/626/2022 ("we", "Company" or "Seller"). 

Please read these Terms carefully, as they contain important information regarding your rights and obligations. To purchase products and/or services from the Store, it is necessary to expressly accept these Terms by checking the appropriate box. Furthermore, these Terms also apply if you only access the Store (without purchasing a Product or Service). If you do not agree with the provisions of this document, please do not continue to use / access this Store and do not place orders from the Store.  

We reserve the right to modify these Terms at any time. If we make changes, we will publish the updated version of the Terms in the Store and inform you accordingly. Any modification of the Terms will apply from the date it is made. 

Placing an order from the Store is subject to the Terms in force at the date the order is placed, which you must expressly accept.

  • DEFINITIONS

In this document, the words defined below will have the following meanings:

  1. Company, Seller, or we – have the meaning assigned in the preamble;
  2. Order – the electronic document that acts as a form of communication between the Seller and the Buyer, through which the Buyer expresses their intention to purchase products and/or services and agrees to pay for them, under the conditions of these Terms;
  3. Contract – the document formed between the Seller and the Buyer upon confirmation of the Order by the Seller, the clauses of which are governed by these Terms, and, subsidiarily, by applicable legislation;
  4. Buyer, user or you – have the meaning assigned in the preamble, respectively, any natural or legal person who accesses, browses, or purchases Products and/or Services through the Store;
  5. Party / Parties – individually, either the Buyer or Seller; and, collectively, the Buyer and Seller;
  6. Product and/or Services – any good and/or service offered for sale by being displayed in the Store.
  • THE ORDER

Placing the Order

By accessing the Store, you can view the Products and/or Services offered for sale along with information about their characteristics. The presentation of the Products and/or Services in the online Store does not constitute a legally binding offer, but only a non-binding online catalog. As the Store can be accessed simultaneously by a high number of people, the mere display of a Product in the Store does not mean the physical existence of that Product in stock. 

To purchase the Products and/or Services from the Store, you must follow a set of steps:

  1. Selecting the desired Products and/or Services and configuring their specifications from the available options.
  2. Adding the Products and/or Services to the shopping cart; this action does not imply the automatic reservation of the selected Product and/or Service, as there is the possibility that it may no longer be available in stock between the time it is added to the cart and the confirmation of the Order by us.  
  3. Finalizing the Order by providing personal information and the delivery method, as well as by selecting a payment method from those available and making the payment in one of the ways indicated by us; this action does not imply the automatic purchase of the selected Product and/or Service, as the Seller's confirmation of the Order is required for the purchase.

Confirming an Order

Once an Order is completed, the Company will notify the Buyer regarding the confirmation and acceptance of the Order. 

Purchasing a Product and/or Service from the Store signifies the conclusion of a contract between you, as the Buyer, and the Company, as the Seller.

The Contract is considered concluded between the Parties at the moment the Company sends the Buyer a notification of acceptance of the Order. 

Refusing an Order 

The Company may refuse the Order placed by you, without any subsequent obligation of any Party to the other or without any Party being able to claim damages from the other in the following cases:

  • Failure to make payment, for whatever reason; for example, (i) due to non-acceptance by the issuing bank of the Buyer's card or of the transaction; (ii) due to the invalidation of the transaction by the payment processor agreed upon by the Seller; (iii) failure to make payment by bank transfer or cash on delivery; 
  • the data provided by the Buyer is incomplete and/or incorrect, in which case you will be refunded (if you have already made the payment); in this case, the Company may first request the modification of the data;
  • The selected Products are not in stock, in which case your money will be refunded (if you have already paid);

In the above cases, the Contract will terminate if the acceptance of the Order by the Seller has occurred up to that moment.

  • PAYMENT and INVOICING

All Products and/or Services displayed in the Store are accompanied by their price, which will be expressed in lei (RON). 

Prices include VAT, and this is highlighted in the Order summary which you can view by accessing the shopping cart. 

We have the right to offer price discounts. In this case, we will inform you accordingly, and the discount will apply in accordance with the conditions established by the Seller.

Finalizing the Order involves paying the total price of the Products and/or Services in the shopping cart. Payment can be made by bank transfer, online by bank card, or by cash on delivery. 

The Company cannot be held responsible for any other additional cost incurred by the Buyer, including but not limited to fees charged for processing the bank transfer or currency conversion commissions applied by the issuing bank of the card, if its issuing currency differs from the currency in which the payment is made. 

Payment is made either by using the services of a third-party provider, a payment processor, and/or through banks and/or through couriers (in the case of cash on delivery). You understand and agree that we do not provide these services and cannot control them. We will not be responsible or liable for any claims, damages, payments, deficiencies, fines, judgments, liabilities, losses, costs, and expenses resulting from or related to the use of the respective payment services.

We will issue an invoice for the ordered Products and/or Services to be delivered, you having the obligation to provide all the information necessary to issue the invoice according to the legislation in force. The invoice for an Order will be sent in electronic format, to the e-mail address provided when finalizing the Order. 

DELIVERY

The products will be delivered by us via courier. 

Delivery of the Products is only available within Romania. 

Under the conditions indicated in the Store, the delivery cost will be included in the Order price or added to the Order price.

Upon confirmation of the Order by the Seller, the Customer will also be informed regarding the delivery time. 
  • RETURN POLICY 

This section applies only to consumer Buyers (natural persons), in accordance with legal provisions.

Right of withdrawal

Under the legal provisions in force, you have the right to withdraw from this Contract, without giving reasons, within 14 days, calculated as follows:

  • from the date the Contract is concluded, in the case of Service provision; 
  • from the day on which you or a third party, other than the carrier, indicated by you, acquire physical possession of the Products; 
  • from the day on which you or a third party, other than the carrier, indicated by you, acquire physical possession of the last Product, in the case of a single Order for multiple Products that will be delivered separately;
  • from the day on which you or a third party, other than the carrier, indicated by you, acquire physical possession of the last lot or piece, in the case of delivery of a Product consisting of multiple lots or pieces;
  • in the case of contracts for regular delivery of Products during a defined period of time, from the day on which you or a third party, other than the carrier, indicated by you, acquire physical possession of the first Product.

To exercise your right of withdrawal, you must inform us (using the contact details published in the Store) of your decision to withdraw from this Contract by an unequivocal statement, for example, a letter sent by post, fax, or e-mail. You may use the withdrawal model form below; however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw, we will reimburse the amount we received from you, including the costs of initial delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this Contract. 

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Products back or until you have supplied evidence of having sent back the Products, whichever is the earliest (unless we offer to collect the Products ourselves).

Unless we offer to collect the Products ourselves, you shall send back the Products without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal to us. The deadline is met if you send back the Products before the period of 14 days has expired. You will have to bear the direct cost of returning the Products, unless we expressly inform you that we will bear it.

Diminished value of the Products

You are liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Products. The Seller reserves the right to withhold an amount from the value of the Product, an amount that will be communicated after evaluating the damages, in the case of Products whose return shows signs of wear, scratches, dents, mechanical or, as the case may be, electrical shocks, missing accessories resulting from the handling of the Products other than to determine their nature, characteristics and functioning.

Model withdrawal form

Complete and return this form only if you wish to withdraw from the Contract

– To: MOUNTAINSIDE PRODUCTION SRL, with registered office at 122A Principală Street, Horea Commune, Dârlești Village, Alba County, registered with the Trade Register under no. J1/626/2022.

– I/We hereby give notice that I/We withdraw from my/our contract of sale of the following products / provision of the following services (*)

– Ordered on (*)/received on (*)

– Name of consumer(s) 

– Address of consumer(s) 

– Signature of consumer(s) (only if this form is notified on paper)

– Date

Return conditions

All returned Products must be accompanied by all accessories. The Products must be packaged in an appropriate manner, allowing their safe handling and transport.

Exceptions from the right of withdrawal

The following are exempted from the right of withdrawal from the Contract:

  • service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that they will lose their right of withdrawal once the contract has been fully performed by the Seller;
  • the supply of Products or Services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period;
  • the supply of Products made to the Buyer's specifications or clearly personalized;
  • the supply of Products which are liable to deteriorate or expire rapidly;
  • the supply of sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed by the consumer;
  • the supply of Products which are, after delivery, according to their nature, inseparably mixed with other items;
  • the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the Contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Seller;
  • contracts where the Buyer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the Seller provides services in addition to those specifically requested by the Buyer or supplies goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods;
  • the supply of digital content which is not supplied on a tangible medium if the performance has begun and, if the contract places the Buyer under an obligation to pay, where: (i) the Buyer has provided prior express consent to begin performance during the right of withdrawal period; (ii) the Buyer has provided acknowledgement that they thereby lose their right of withdrawal; (iii) the Seller has provided confirmation of the concluded Contract.
  • WARRANTY 

You benefit from the legal guarantee of conformity, according to the applicable legal provisions. In case the Products are not compliant, you have the right (strictly under the conditions provided by applicable legislation) to request bringing the Products to conformity (by repair or replacement), a proportional reduction of the price, or the termination of the Contract. 

The Seller assumes no liability for the execution and consequences of handling, transport, assembly, and installation services performed by third parties, when the product has been damaged or the instructions of the manufacturer / Seller have not been followed. The Seller assumes no liability regarding the consequences of misuse or incorrect maintenance of the Products, due to non-compliance with the manufacturer's / Seller's instructions. 

  • COMMENTS, REVIEWS AND FEEDBACK

Buyers who have purchased Products and/or Services from the Store will be able to post comments and reviews about them and will be able to send us feedback ("Content"). In certain situations, this Content may be published in the Store, the Buyers' agreement in this regard signifying a non-exclusive, royalty-free, perpetual, and worldwide license for the reproduction, publication, transmission and distribution of the Content.

If published, the Content will be visible to all users of the Store. The responsibility regarding the accuracy and reality of the information, data, and messages lies exclusively with the Buyers. We assume no obligation to investigate the truthfulness of the statements, to monitor or verify the accuracy, completeness, or compliance with current legislation of the user comments and the content published by them.

Given this, you agree not to create, transmit and/or distribute any Content that:

  • is unlawful or that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any Party, infringe upon any national or international law, or otherwise create any liability;
  • is defamatory, profane, obscene, pornographic, sexually explicit, indecent, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, abusive, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
  • has the character of spam or represents any other form of unsolicited advertising, promotional materials or commercial messages, except in spaces where this is expressly permitted; 
  • impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • may infringe any trademark, trade secret, copyright or other intellectual property right;
  • contains any statements, remarks, or claims that do not reflect your honest views and experiences;
  • is designed to deceive or trick the users of the Store;
  • USER CONDUCT

You are solely responsible for your own conduct while accessing and using the Store. You agree to use the Store only for purposes that are legal and in accordance with these Terms and any applicable laws or regulations. You agree that you will not engage in and will not permit any third party to engage in, including but not limited to, any of the following:

  • use the Store for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms or any other rules or policies established from time to time by us;
  • use the Store to violate the legal rights and legitimate interests of others; 
  • use any robot, algorithm or other automated means or interface not provided by us to access the Store or to extract data;
  • attempt to indicate in any manner that you have a relationship with us, unless we have expressly consented to such conduct;
  • upload, send, distribute or disseminate any Content that could be interpreted in any way as defamatory, unlawful, fraudulent, obscene, harassing or objectionable; 
  • indicate that you are any other person by any means (e.g., by using an e-mail address, name, pseudonym, or otherwise);
  • exploit the Store for any unauthorized commercial purpose; 
  • INTELLECTUAL PROPERTY

Unless otherwise indicated, all elements of the Store, all content and other materials therein are owned by us (or, where applicable, our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, pictures, systems, information, data, methods, program code, services, all other elements and any other documentation or other auxiliary materials provided ("Store Content") are owned by us or our licensors and are protected by copyright, trademarks, trade secrets and any other intellectual property rights.

You may use the Store solely for the purposes provided by these Terms. However, it is not permitted to:

  • use any algorithms, robots, or similar data gathering or extraction methods;
  • assign, license, sublicense the Store Content; 
  • remove, modify, or obscure any copyright, trademark, or other proprietary rights notices included in the Store or in the Store Content;

Any use of the Store or the Store Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited. Unless explicitly stated by the Company, nothing in these Terms shall be construed as conferring any license to intellectual property rights.

  • DISCLAIMER OF LIABILITY

We do not guarantee that the Store will meet your requirements or that its use will be uninterrupted, secure, or error-free, or that the Store does not contain harmful components such as viruses.

  • MODIFICATIONS TO THE STORE

We may, at our sole discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any part or feature of our Store. 

In no event will the Company be liable for the restriction or disabling of access to any part or feature of the Store.

  • ASSIGNMENT

The Company may assign these Terms and/or any or all of its rights or delegate any and all of its obligations under these Terms without your consent. All provisions contained in these Terms extend to and will be binding upon our successors and assigns. 

  • PERSONAL DATA

Please refer to our personal data processing policy for information about how we collect, use, store, and disclose your personal data.

  • SEVERABILITY

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  • NON-WAIVER

The failure to enforce any of the provisions of the Terms in certain instances does not constitute a waiver of the right to enforce those provisions in other instances.

  • GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of Romania. Any dispute arising out of or in connection with these Terms or the Services provided by the Company will be subject to the jurisdiction of the Romanian courts.

  • ANPC

For disputes regarding the purchase of Products and/or Services from the Store, you can also contact the National Authority for Consumer Protection (ANPC), which provides a mechanism for out-of-court dispute resolution. For more information, contact ANPC at the addresses indicated on their website.