I. DEFINITIONS
TERMS
These General Terms and Conditions will apply to all sales of goods/products by SC LIGHTS UP PROFESSIONAL SRL, through the online shop of the site www.lightsup.ro to the Buyer.
Throughout the present document, the following terms will, unless otherwise stated, be defined as follows:
SITE – means the SITE of LIGHTS UP PROFESSIONAL SRL, located at the web address www.lightsup.ro, through which the USER has access to information regarding the services and products offered by LIGHTS UP PROFESSIONAL SRL;
LIGHTS UP – means the company LIGHTS UP PROFESSIONAL S.R.L., with the head office in Bucharest, Sector 5, Str. Buzoeni, Nr. 14, Bl, M33, Sc. II, Ap. 59 and operating at the lucrative facility in Bucharest, Sector, Str. Poeziei, Nr. 24, with the Trade Register registration number J40/9723/2005 and the tax identification number RO17639565;
USER – means the person who accesses the SITE for private or professional purposes and who has agreed to the TERMS AND CONDITIONS of the SITE, thus meeting all the requests of the registration process;
ABUSIVE USE – means the use of the SITE in a manner contrary to the current practices, regulations and legislation and in any other way that can be detrimental to LIGHTS UP;
BUYER – the natural/legal person or any other entity that places an Order;
SELLER - SC LIGHTS UP PROFESSIONAL SRL, with the head office in Bucharest, Sector 5, Str. Buzoeni, Nr. 14, Bl, M33, Sc. II, Ap. 59 and operating at the lucrative facility in Bucharest, Sector, Str. Poeziei, Nr. 24, with the Trade Register registration number J40/9723/2005 and the tax identification number RO17639565;
GOODS – any products, including the documents mentioned in the Order, that are to be supplied by the Seller to the Buyer;
ORDER – an electronic document that constitutes a form of communication between the Seller and the Buyer, through which the Seller agrees to deliver the Goods and the Buyer agrees to the reception and payment of these Goods.
CONTRACT – an Order placed by the Buyer through the SITE and confirmed by the Seller;
INTELLECTUAL PROPERTY RIGHTS (hereunder IPRs) – all immaterial rights, including know-how, copyright, database rights, design rights, model rights, patents, trademarks and domain name registration for any of the above.
SPECIFICATIONS – all specifications and/or descriptions of the Goods, as defined in the Order.
II. SITE CONTENT
The information published on the SITE is information of general interest about LIGHTS UP, the products traded by it, its partners, as well as any other information considered by LIGHTS UP to be of interest for the USERS.
1.Site Usage
1.1 The USER is bound to access and use the SITE for purposes and through means that do not constitute abusive use.
1.2 The characteristics of the products featured on the SITE are taken from/made available by the producers and/ suppliers and LIGHTS UP is not to be held accountable for the accuracy of this information.
1.3 The prices of the products on this SITE are informative and can be subject to unannounced changes. The promotions featured on the SITE are valid within the specified time period. In case no time period is specified, they are valid within the limits of the available stocks.
1.4 Furthermore, the images featured on the SITE are examples, and the delivered products can differ from the images in any way, due to the modification of their characteristics or design without prior notice from the producers.
1.5 The methods of payment for the completion of an online order are: cash on delivery, online via bank card or payment order. If you opt for online payment via bank card, we would like to inform you that the registration of the order does not guarantee the confirmation and delivery of the order. If you do not receive confirmation (the term for processing an order being 48 h) the paid amount will be refunded to your account in the shortest amount of time.
1.6 The registration of the order does not represent its confirmation. After the order is picked up, it will be processed by our operators in view of confirmation and assignment of the delivery details. The term of delivery is 24-48 hours from the confirmation of the order for the products in stock. For products out of stock, the estimated delivery term will be communicated to the buyer by our operators via email.
2. Your registration obligations
In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the service, without prior notice.
3. Personal Data Security (Confidentiality, cookies, personal information)
S.C. LIGHTS UP PROFESSIONAL S.R.L. ,in accordance with Law no. 677/2001 on the protection of persons concerning the processing of personal data and the free movement of such data, with its later amendments and modifications, LIGHTS UP has the obligation to manage safely and only for the specified purposes the personal data that you provide us with. We collect personal data for the following purposes: to inform you (the Buyer) on the status of your orders; to evaluate our products and services; commercial activities for the promotion of our products and services, such as marketing, advertising, media, market research, statistics, sales tracking and monitoring.
By submitting your data via the account setup form and order form you declare that you unconditionally accept that your personal data be included in the LIGHTS UP database, and you explicitly agree that your personal data be stored, used and processed by LIGHTS UP. You also explicitly agree that this data be transferred (assigned) by LIGHTS UP to its affiliates, as well as other third party entities in Romania or abroad with respect to the legal norms in the field.
By reading the present Terms and Conditions you acknowledge the fact that you are being guaranteed your lawful rights, namely the right to information, the right to access data, the right to intervention upon the data, the right to object to the processing of your personal data, the right to not be the subject of an individual decision, the right to refer to a court of law in case of a breeching of the right guaranteed by Law no. 677/2001 on the protection of persons concerning the processing of personal data and the free movement of such data, with its later amendments and modifications. At the same time, you have the right to object to the processing of your personal data and to request deletion of the data.
Based on a written, dated and signed request, sent to the mail address of S.C. LIGHTS UP PROFESSIONAL S.R.L., Bucharest, Str.Poeziei, Nr. 24, sector 2, you can exercise the following rights free of charge:
- annual confirmation that your data is/is not being processed;
- the right of intervention upon the data;
- the right to object to the processing of your personal data based on justified and legitimate reasons related to your particular situation;
- solicit the deletion of data, with the exception of situations expressly provided by the law.
Thus, S.C. LIGHTS UP PROFESSIONAL S.R.L. informs clients on current offers via newsletters and can send any other type of special messages/offers. Any client that has explicitly provided their email address on the S.C. LIGHTS UP PROFESSIONAL S.R.L. website can opt for its deletion from our database.
The information you provide will be used for the stated purpose, namely to manage, support and evaluate our services and to prevent any breeches of security, the law and our contractual terms.
Furthermore, S.C. LIGHTS UP PROFESSIONAL S.R.L. can forward your personal data to third party partner companies, but only in the context of a confidentiality agreement on the side of these third parties, by which they guarantee that the data is being stored safely and that the forwarding of this personal data will take place in accordance with the current legislation, as follows, to providers of: services, marketing services, courier services, bank payment services, telemarketing and other services or other companies with which we can develop common market programs for our products and services, insurance providers.
4. Copyright
All of the content featured or displayed on the www.lightsup.ro Site, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software is owned by LIGHTS UP and its partners and is protected by the copyright law and other laws relating to intellectual and industrial property rights. The use of any of these elements without the written consent of LIGHTS UP is punishable under the copyright law.
LIGHTS UP ensures the user limited access to the website for the purpose of buying products and obtaining specialized information, but forbids the partial or full reproduction of the site contents, content copying and use of the site for commercial purposes without the express written consent of LIGHTS UP.
5. External Links
LIGHTS UP shall not be responsible or liable, directly or indirectly, for the content (including the nature of) sites reached via links posted on www.lightsup.ro. The responsibility for these sites lies fully with their owners.
6. E-communication
By using the www.lightsup.ro site to purchasegoods/products and/or participate in programs launched on the site, you agree to receive electronic notifications from LIGHTS UP, including e-mail messages and/or site announcements.
LIGHTS UP respects freedom of choice and offers its users the possibility of expressing their wish to no longer receive electronic messages, thus ceasing e-mail communication.
7. Product liability
LIGHTS UP will not be held responsible for any deterioration or damage through usage, by the recipient, of the products purchased via this site.
LIGHTS UP does not guarantee that the purchased products will correspond to the purpose for which they have been bought and will not be held responsible in this situation.
The products are delivered by LIGHTS UP in their original, sealed packaging. Therefore, LIGHTS UP will not be held responsible for any issue regarding the quality of the products or any other matter regarding these products.
LIGHTS UP can be notified of any such problems up to 48 hours after the reception/delivery of the products. The notification will then be forwarded to the supplier in order to be solved.
LIGHTS UP does not guarantee the accuracy of product presentation or the complete character of the information displayed on the site.
Furthermore, LIGHTS UP will not be held responsible for the site functioning, information and content.
8. Disputes and Conflicts
Any unauthorized attempt to access the site and any attempted fraud will be reported to the competent authorities. Any conflict emerging between LIGHTS UP and the client/buyer will be solved amiably, by mutual agreement between the two parties. If this is not possible, the provisions of Romanian law will apply as appropriate and the resolution of the conflict will fall under the jurisdiction of Romanian courts.
III LONG DISTANCE COMMERCIAL CONTRACT
By placing an electronic or phone order on the www.lightsup.ro site, the Buyer agrees to the communication form (phone or email) through which the Seller operates.
The order will contain the following documentation:
a. The Order (clearly mentioning the delivery and billing dates) and its specific conditions
b. The Buyer’s Specifications (where applicable)
c. Contractual Terms and Conditions
If the Seller confirms the order, this will involve complete agreement to the terms of the Order. The agreement to the Order by the Seller is considered complete when there is an electronic confirmation (email) from the Seller to the Buyer, with no need of a reception confirmation from the latter. The Seller does not consider an unconfirmed order as having the value of a Contract.
The present Contract enters into force upon the confirmation by the Seller of the Order. The confirmation takes plays via email. The general sales Terms and Conditions will be the basis of the Contract, being completed by the Certificate of Warranty emitted by the Seller or one of their suppliers.
SELLER:
SC LIGHTS UP PROFESSIONAL SRL
J40/9723/2005 CUI : RO17639565
Head office: Bucuresti, Sector 5, Str. Buzoeni, Nr. 14, Bl. M3, Sc. II, Ap. 59
Lucrative facility : Bucuresti, Sector 2, Str. Poeziei, Nr. 24, postal code 023015
Phone: +40314058512 Fax : +40314058509, office@lightsup.ro
www.lightsup.ro
BANK : UNICREDIT BANK – Izvor Branch
IBAN : RO 02 BACX 0000 0045 6262 1000
BUYER – the natural or legal person identified based on the emitted Order, hereinafter called Buyer
Art. 1. OBJECT OF THE CONTRACT
The Buyer undertakes to buy from the Seller and the Seller undertakes to supply the products solicited via the Order placed by the Buyer in the quantity requested by the Buyer within the Order.
Art. 2. PRODUCT DELIVERY – according to the placed Order conform
Art. 3. DURATION OF THE CONTRACT
3.1 The present Contract enters into force upon the confirmation by LIGHTS UP of the Order placed by the Buyer.
3.2 The confirmation of the Order LIGHTS UP will take place by email to the address supplied by the Buyer.
Art. 4. OBLIGATIONS OF THE SELLER
4.1 To deliver the products in their original producer packaging, sealed and with no damage.
4.2 To deliver the ordered products in the quantities, at the price and within the time specified within the confirmation of the order.
4.3 To notify the Buyer in due time in case of delay or the impossibility to ensure the partial or total delivery of the ordered products.
4.4 If the Buyer should wish to terminate the Contract according to art. 63 before the delivery of the products, thus renouncing the order LIGHTS UP undertakes to no longer carry out this delivery.
Art. 5. OBLIGATIONS OF THE BUYER
5.1 The Buyer undertakes to observe the general Terms and Conditions of the online sales site
www.lightsup.ro and acknowledges agreement to these Terms and Conditions upon the placement of this order and, implicitly, the signing of this contract.
5.2 The Buyer undertakes to pay the Seller the agreed price (products and delivery) according to the payment method selected within the order form.
Art. 6. TRANSFER OF OWNERSHIP
Ownership of the Goods/Products will be transferred upon payment by the Buyer in the location specified in the order (handover with signature on delivery by signing the transport document supplied by the courier or by signing the tax invoice in case of deliveries made by the Seller’s staff). In the case of mail or courier delivery, the courier is not authorized by the Seller to allow the Buyer to open the packages before signing the transport document, but only after having signed the transport document and paid for the products. If, after the transfer of ownership has taken place, the Buyer notices differences between the order (bill) and the contents of the package, the Buyer must notify the Seller in writing within 3 days.
Art. 7. THE RIGHT TO UNILATERAL TERMINATION OF THE CONTRACT
7.1 The products will be delivered by LIGHTS UP in their original packaging, sealed.
7.2 The Buyer has the right to terminate the long-distance contract in writing, within 10 business days from the reception of the products without penalties and without providing a reason.
The buyer undertakes to return the products in their original packaging.
7.3 By appealing to the right to unilateral termination of the contract, the Buyer will have to pay for the return of the products.
7.4 LIGHTS UP will refund the sums paid by the Buyer for the delivery of the products without soliciting that the Buyer pay the costs associated to the refund. The refund will take place within 30 days from the termination of the Contract by the Buyer.
Art. 8. CONTRACTUAL RESPONSIBILITY
8.1 LIGHTS UP will not be held responsible for any deterioration or damage through usage of the products purchased via this site.
LIGHTS UP does not guarantee that the purchased products will correspond to the purpose for which they have been bought and will not be held responsible in this situation.
8.2 The products are delivered by LIGHTS UP in their original, sealed packaging. Therefore, LIGHTS UP will not be held responsible for any issue regarding the quality of the products or any other matter regarding these products.
8.3. We would like to inform you that any complaints that may arise concerning any aesthetic deficiencies of the products will only be taken into consideration and analyzed if they are signaled within 48 hours from product receipt.
Art. 9. WARRANTIES
All products sold by the www.lightsup.ro site are covered by warranty conditions according to the legislation in force/warranty according to the producer’s specifications.
Art. 10. FORCE MAJEURE
None of the parts will be held responsible for failing to fulfill their contractual obligations if said failure is due to a force majeure event.
Force majeure represents an external event of extraordinary nature, absolutely unforeseeable and unavoidable, exceeding the control of any party.
Art. 11. APPLICABLE LAW
The present Contract will be construed according to the Romanian laws. Any dispute emerging between LIGHTS UP and the client/buyer will be solved amiably, by mutual agreement between the two parties. If this is not possible, the provisions of Romanian law will apply as appropriate and the resolution of the dispute will fall under the jurisdiction of Romanian courts.
TERMS AND CONDITIONS
By using the Site you indicate that you accept the Terms and Conditions and Privacy Policy. For optimal site usage, we recommend that you carefully read the Terms and Conditions. This site is owned bySC LIGHTS UP PROFESSIONAL SRL.
SC LIGHTS UP PROFESSIONAL SRL reserves the right to update/change/modify these General Terms and Conditions, as well as the content of the site, at any time and without prior notice. In order to avoid any misunderstanding we recommend that you check these sections each time you access the site and wish to use it. Thus, you will proceed having obtained the necessary information.