GENERAL DEFINITIONS
SIMONA SPAN, www.simonaspan.ro, hereinafter called SIMONA SPAN, is the brand of the commercial company SIMONA SPAN S.R.L., organized under Romanian law, CUI 45883700, J30/349/2022
WORKING POINT: NEGRESTI-OAS, Str. VRATICEL STR., No. 108A, SATU MARE county using the account in LEI (RON)
RO37BTRLRONCRT0CG5830701
SITE/DOMAIN:
- all information on the SITE that can be visited, viewed or otherwise accessed by using a digital device;
- the content of any newsletter or e-mail sent to its USERS or CUSTOMERS by SIMONA SPAN by electronic means and/or any other available means of communication;
- any information communicated by any means by an employee of SIMONA SPAN to the USER or CLIENT, according to the contact information, specified or not by him;
- information related to the products, services and/or rates applied by SIMONA SPAN in a certain period;
- information related to the products, services and/or rates charged by a third party with whom SIMONA SPAN has concluded partnership contracts, during a certain period;
- data related to SIMONA SPAN, or other privileged data of it.
SERVICE – the e-commerce service conducted exclusively on the publicly available portions of the WEBSITE, in the sense of giving the CLIENT the possibility to contract products and/or services using exclusively electronic means, including other means of remote communication (i.e. by telephone).
USER – The natural or legal person under public or private law who has or obtains access to the CONTENT, through any means of communication (electronic, telephone, etc.) or on the basis of a user agreement between simonaspan.ro and it.
ACCOUNT – the set consisting of an e-mail address and a password that allow a single USER access to restricted areas of the SITE through which access to the SERVICE is made.
CLIENT – Natural or legal person under public or private law who has or obtains access to CONTENT and SERVICE, by any means (electronic, telephone, etc.) or based on a user agreement between simonaspan.ro and it, or natural or legal person who benefit from the products and/or services offered by simonaspan.ro and purchased by him by using the SERVICE
DOCUMENT – these Terms and Conditions
INFORMATION BULLETIN / NEWSLETTER – means of periodic information, exclusively electronic, on the products, services and/or promotions carried out by simonaspan.ro in a certain period, without any commitment on the part of simonaspan.ro with reference to the information contained therein.
TRANSACTION – collection or reimbursement of an amount resulting from the sale of a product / service by SIMONA SPAN to the Customer regardless of the method of delivery.
Distance CONTRACT – according to the definition contained in O.U.G (Government Emergency Ordinance) no. 34/2014.
- GENERAL POLICY
This document establishes the terms and conditions of use of the site/content/service by the user or client, in case he does not have another valid user agreement concluded between SIMONA SPAN and it.
- a. Access to the service is made exclusively by accessing the public website www.simonaspan.ro
- b. The use, including but not limited to accessing, visiting and viewing, the content/service, implies the user’s or customer’s adherence to these terms and conditions, unless the respective content does not have separately formulated conditions of use.
- c. By using the site/content/service, the User or Client is solely responsible for all the activities arising from its use. Also, he is responsible for any material, intellectual or electronic or any other damage caused to the site, the content, the service, SIMONA SPAN or any third party with whom SIMONA SPAN has concluded contracts, in accordance with the Romanian legislation in force.
- d. If the User or the Client does not agree and/or does not accept and/or revokes the consent given for the document:
1.d.1. He waives: access to the service, other services offered by SIMONA SPAN through the website, receiving newsletters and/or communications from SIMONA SPAN of any kind (electronic, telephone, etc.), without any subsequent guarantee from SIMONA SPAN.
1.d.2. SIMONA SPAN will delete all data that refer to it from its database, without any subsequent obligation of any party to the other or without any party being able to claim damages to the other.
- e. The Client / User may at any time revert to his decision to agree and/or accept the document, in the form in which it will be available at that time.
1.f. To exercise the right provided for in art 1.4, he can contact SIMONA SPAN, or use the links in the content received from SIMONA SPAN intended for this purpose.
- g. The Client cannot revoke the agreement expressed in favor of the document during the duration of a Contract, or until the moment when he will not pay the counter value of all unpaid Contracts to SIMONA SPAN.
- h. In the event that the Customer has paid the value of all unpaid Contracts to SIMONA SPAN and revokes his consent expressed in favor of the document during the execution of an Order, SIMONA SPAN will cancel his Order without any subsequent obligation of either party to the other or without any party being able to claim damages from the other.
- Content
2.A The informative/image content presented on the SIMONA SPAN website is the intellectual property of SIMONA SPAN.
2.b. The Client/User is not allowed to copy, transfer, modify and/or otherwise alter, use, link to, display, include any content in any context other than the one originally intended by SIMONA SPAN, include any content outside the SIMONA SPAN website, remove signs signifying the copyright of SIMONA SPAN over the content as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content, except with the express consent of SIMONA SPAN.
- c. Any content to which the User or the Client has and/or obtains access by any means, is subject to the document, if the content is not accompanied by a specific and valid user agreement concluded between SIMONA SPAN and it, and without any implicit or express guarantee from SIMONA SPAN with reference to that content.
- d. The Client/User may copy, transfer and/or use content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the document.
- e. If SIMONA SPAN grants the Client/User the right to use, in the form described in a separate user agreement, certain content, to which the User has or obtains access following this agreement, this right extends only on that or those contents defined in the agreement, only during the existence of this or these contents on the site or the period defined in the agreement, according to the conditions defined in the agreement, if they exist and do not represent a contractual commitment on the part of SIMONA SPAN for the respective User, Client or any other third party who has/obtains access to this transferred content, by any means and who could be or is harmed in any way by this content, during or after the expiration of the user agreement.
- f. No content transmitted to the User or Client, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of SIMONA SPAN and/or to the SIMONA SPAN employee who mediated the transfer of content, if it exists, in relation to that content.
- g. Any use of the content for purposes other than those expressly permitted by the document or by the User Agreement that accompanies it, if it exists, is prohibited.
- Contact
- a. www.simonaspan.ro publishes on the website the complete and correct identification and contact data of the Client or User.
- b. By using the contact form or the service on the website, the User or Client allows SIMONA SPAN to contact him by any available means, including electronic means.
- c. Partially or fully completing the contact form and sending it does not in any way represent a commitment on the part of SIMONA SPAN to contact the User or the Client.
- d. Accessing the website, using the information presented within it, visiting the pages or sending e-mails or notifications addressed to SIMONA SPAN is carried out electronically, by telephone, or any other means of communication available to the User or the Client and SIMONA SPAN , thus considering that he consents to receive notifications from SIMONA SPAN electronically and/or by telephone, including communications by e-mail or by announcements on the website.
- e. SIMONA SPAN reserves the right not to respond to all requests of any nature, received by any means of communication (electronic, telephone, etc.).
- Informative bulletin/Newsletter
- a. Receiving the newsletter requires the User or Client to fill out a form and unconditionally accept the document, if they have not already expressed this agreement.
- b. Data collected from the User or Client for the purpose of sending the newsletter can and will be used by SIMONA SPAN within the limits of the Privacy Policy.
- c. Opting out of receiving the newsletter by the User or Client can be done at any time:
4.c.1. Using the specially designed link within any newsletter you receive.
- c. 2. By modifying the acceptance or receiving the newsletter and using pages from restricted areas, by using the account.
- c. 3. By contacting SIMONA SPAN, according to the contact information, and without any subsequent obligation of any party to the other or without any party being able to claim damages to the other.
- d. Waiver of receiving the newsletter does not imply waiver of the acceptance given for the document.
- e. SIMONA SPAN reserves the right to select the people to whom it will send the newsletter as well as the right to remove from its database any User or Client who previously expressed their consent to receive the newsletter, without any commitment subsequently from SIMONA SPAN, or any prior notification thereof.
- f. SIMONA SPAN will not include in its newsletters sent to the User or the Client, any other kind of advertising material in the form of content that refers to any third party that is not a partner of SIMONA SPAN, at the time of sending the newsletter.
- Online sales policy
- a. Access to the service is allowed to any user who has or creates an account.
- b. In order to be allowed access to the service, the User will have to accept the provisions of the document.
- c. SIMONA SPAN can limit the customer’s access to the service, depending on his previous behavior.
- d. It is forbidden to share an account between several customers.
- e. In the event that such access is discovered, SIMONA SPAN reserves the right to cancel or suspend the client’s access to the content or service.
- Products sold by simonaspan.ro
6.a The products sold through www.simonaspan.ro are new, given in the SIMONA SPAN packaging and at the time of delivery are accompanied by the tax invoice and warranty certificate, according to the legislation in force. The products and services are offered in compliance with the provisions of this document and within the limits of the available stock. For this reason, SIMONA SPAN assumes the right not to honor a certain order if the respective product is no longer available in SIMONA SPAN’s current offer.
- b The prices presented include VAT (19%) and do not include delivery costs. The purchase price printed on the invoice will be the same as that established by the SIMONA SPAN customer advisor at the time of confirming the order as a firm order.
6.c Even if, despite our efforts, a small number of products may have wrong prices on the website, erroneously set by our IT application, the final price accepted by the customer in discussions with consultants and SIMONA SPAN clients. If the actual price of the product is higher than the price displayed on the website, our sales consultants are entitled to satisfy your request to deliver the product to you at the price published on the website, only to the extent that we will be able to do so, as well as you you are entitled to refuse the respective order. If the real price is lower than the price published on the website, and you have paid the price in advance, the difference will be returned as mutually agreed upon, but no later than 14 days from the date of receipt of the product.
6.d SIMONA SPAN does not offer any guarantee, expressly or implicitly, regarding including, but not limited to, the operation of this site, the information, the correctness of the descriptions, the updating of the content, the products on the site as well as their suitability for a certain purpose. The users expressly agree that the use of this site and the purchase of related products or services is done at their own risk, the only exception representing SIMONA SPAN’s obligation to grant users the right to unilaterally terminate the contract according to the legislation in force, a right detailed below in this document. The images published on the site are for example, and the delivered products may differ from the images presented in any way (color, accessories, appearance, etc.).
- Validity of offers
- a. SIMONA SPAN reserves the right to change the rates charged for the products and/or services available on the site without prior notification to the User or Client.
- b. The purchase price of the products and services is the one from the moment the order is issued, within the limit of available stock.
- c. The purchase price of the promotional products and services is the one from the moment the order is issued, within the limits of the available stock and/or the promotional period, if this is defined.
- d. The purchase price of the products or services from an issued order cannot be changed at a time after its issuance except with the agreement of the parties.
- e. The purchase price of products and/or services from an honored contract cannot be changed.
- f. The customer can give up the products and services purchased through the order, only during the time period between issuing the order and its transformation into a contract, only if the payment method chosen by him is cash on delivery.
- g. The customer can renounce the products and/or services purchased through the contract, according to art. 13.
- h. Promotions and discounts are applied only during the period mentioned on the promotional materials, and the prices are calculated according to the conditions stipulated in them.
- i. In the case of returning products under promotion: If by removing one/some products the conditions stipulated on the promotional materials are no longer respected, the price of the product/products remaining in the order is calculated without applying the promotion!
- Order online
8.a The customer can place orders for products sold at a given time, exclusively on the website.
8.b. By completing the order, the Customer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the order, referred to in this document as the order issued.
- c. By completing the order, the Customer agrees that SIMONA SPAN can contact him, for the following purposes/situations, by any means available/agreed by SIMONA SPAN, depending on the purpose/situation:
8.c.1. Validation of the availability of the products and the quantities purchased by the Customer.
- c. 2. Validation by the Customer of the counter value of the order made, according to art. 8.c.1, and including, depending on the situation, other value-added services (i.e. transport, etc.)
8.c.3. Establishing by mutual agreement the details of product delivery.
- d. SIMONA SPAN can automatically cancel the order made by the Customer, without any subsequent obligation of either party to the other or without any party being able to claim damages to the other, in the following cases:
8.d.1. The data provided by the Customer on the website are incomplete or incorrect
- d. 2. The Client’s activity on the website can and/or cause damages of any kind on the part of SIMONA SPAN and/or its partners
8.d.3. without any justification.
8.e. The customer can cancel an order made, when contacted according to 8.c.
8.e. From the moment the Customer validates the counter value of the order made or in which SIMONA SPAN informs the Customer about his validated order, his order becomes a Distance Contract, thus applying the definitions contained in O.U.G (Government Emergency Ordinance) no. 34/2014, referred to in this document as Contract, to which are attached, but not limited to, these Terms and Conditions.
- f. The product delivery details, including but not limited to the time required for delivery, do not constitute a contractual obligation on the part of SIMONA SPAN, without any party being able to claim damages from the other, in the event that either party may be or is harmed in any way as a result of their violation.
- g. If a Customer modifies his personal data, using the forms available on the website, all ongoing contracts existing at that time, keep the data defined/accepted by the Customer before the moment of modification.
- h. It is allowed to use only one voucher by the Customer for an order made online. The use of several vouchers will lead to the cancellation of the order by SIMONA SPAN representatives.
- i. The order pickup schedule is from Monday to Friday between 08.00 – 16.00, delivery will be made by courier from Monday to Friday between 09.00 – 18.00, Saturday 09.00 – 14.00.
- Payment of products
- a The products ordered must be paid in full, otherwise the delivery will not be made. Payment for the products ordered from the website www.simonaspan.ro according to these “Terms and Conditions” can be made in advance or upon delivery of the products (reimbursement). SIMONA SPAN reserves the right to request payment of products in advance in certain cases.
- b Advance payment can be made by payment order; proof of payment must be sent to SIMONA SPAN at the e-mail address simonaspaninfoclients@gmail.com. The delivery will be made only after the money has entered the SIMONA SPAN account.
- Delivery
10.a The products will be delivered anywhere in the country, within 3-7 days. If the delivery fails within the mentioned term, you will be contacted by phone.
SIMONA SPAN reserves the right to confirm orders before honoring them by contacting customers.
The delivery is made by fast courier, the rates being variable depending on the locality.
10.b If the customer is not found at the mentioned address, within the time interval established by mutual agreement, our courier will return once more after managing to contact him, after which the order will be canceled and the product returned to the office SIMONA SPAN, the customer bearing the costs of a new delivery, regardless of the value of the products ordered. The delivery address of the product will be confirmed together with the SIMONA SPAN customer advisor, only in writing by email.
In the case of customers who have refused deliveries in their order history, SIMONA SPAN reserves the right not to ship subsequent orders until after their advance payment.
- c. The receipt of the products represents the customer’s acceptance that the products have arrived in good condition and are working, and is represented by the signature on the legal fiscal documents. The invoice constitutes a sale/purchase contract according to the Romanian legislation in force. The customer expresses his explicit agreement when signing the invoice regarding the fact that he has received the product(s) that is (are) in accordance with the order and his needs.
10.d SIMONA SPAN reserves the right to delay or cancel deliveries of ordered products if they cannot be honored for reasons independent of SIMONA SPAN, which include: fires, explosions, floods, epidemics, strikes, government actions, wars, acts of terrorism , protests, riots, civil disturbances or other force majeure impediments according to Romanian law.
- e. The maximum amount of damages that can be paid by SIMONA SPAN to any customer in case of non-delivery or improper delivery is the amount collected by SIMONA SPAN from this customer.
- Product warranty
The warranty conditions are in accordance with Law 449/2003 and O.G. 21/1992. When requesting the warranty, it is necessary to present the defective product in the original packaging, together with the related accessories, a copy of the tax invoice and the original warranty certificate. If the products arrive unaccompanied by these documents, the products can be returned to the applicant/shipper without voiding the warranty.
- Return of products
- a. The SIMONA SPAN customer can return the products purchased through a Contract, in the following situations:
12.a.1. The product that does not comply with the specifications on the website
12.a.2. Packages with severe damage
12.a.3. Products that were delivered incorrectly
12.a.4. Products that have wrongly ordered sizes (thicknesses).
12.a.5. “The consumer has the right to unilaterally terminate the distance contract, without penalties and without citing a reason, within 14 calendar days from the receipt of the product or, in the case of services, from the conclusion of the contract. The only costs that can be borne by the consumer are the direct costs of returning the products” according to O.U.G (Government Emergency Ordinance) no. 34/2014, for individuals who purchase products from websites, using remote communication techniques, applying the definitions contained in O.U.G (Government Emergency Ordinance) no. 34/2014.
12.b. The customer is obliged to notify SIMONA SPAN of his intention to return the purchased products, by any means of written communication (e-mail/fax/etc simonaspaninfoclients@gmail.com, ) within a maximum of 14 calendar days from receiving the products and/ or services, in the case of art. 13.a.5.
- c. The customer is obliged to notify SIMONA SPAN of his intention to have the purchased products replaced, according to art. 12.a.4, by any means of communication (e-mail/telephone/etc) within a maximum of 14 calendar days from the receipt of the products and/or services, in accordance with art 12.a.5.
12.d. The customer who has notified SIMONA SPAN according to art 12.a.2 / art 12.a.3, is responsible for ensuring that the products referred to will be returned to SIMONA SPAN within a maximum of 14 calendar days from the date of shipment notifications, otherwise SIMONA SPAN will consider the request unfounded/invalid.
- e. The SIMONA SPAN customer cannot return the products purchased through a Contract, and/or cannot claim any other damages/compensations, for the following purposes or situations:
12.e.1. Replacing the purchased product with another product with other specifications or of a different type, except for the situation provided for in art. 12.a.4.
- e.2. The request for return in the case of art. 12.a.2 or 12.a.3 caused by any situation provided for in 12.1 has a shipping date that exceeds the period of 14 calendar days provided according to art 12.1.5, from the working day following the date of the honored contract.
- e.3. In case of returning the product with one of the causes stated in art. 12.1, the returned product is not in the same condition in which it was delivered (in the original packaging with all the labels intact and the accompanying documents).
- f. In the case of reimbursement of the product value, this will be done within 14 days at most from the date of receipt of the products, by bank transfer.
- g. In the case of replacing the product with an identical one, according to 12.1.4, the replacement will be done under the conditions and limits of a normal order.
- h. If the returning Customer has returned a product in accordance with the provisions of art 12.1.4, and simonaspan.ro does not have an identical product for replacement, it will offer the customer the counter value of the product and in accordance with 12.6.
- i. The value of the additional services, including but not limited to the transport of the products, paid by the customer, is not reimbursed.
- j. In all cases, the return/re-shipment costs will be borne by the customer
- k. Breaking the security seal entails removing the products from the returnable category
It is necessary to fill out an online Return Form. The returned products are sent to SC SIMONA SPAN S.R.L., NEGRESTI-OAS, Str. VRATICEL STR., No. 108A, SATU MARE county.
- Fraud and SPAM
The quality of the hosting services, the links to other sites, operating errors
The SIMONA SPAN website is hosted by the servers of a third company. SIMONA SPAN cannot be held responsible for any errors that may appear on the site, regardless of the reasons for their occurrence, including changes to the site, settings, or updates to the programmed scripts. SIMONA SPAN cannot be held responsible for errors that occur due to the use of certain browsers to visit the SIMONA SPAN website. SIMONA SPAN is not responsible for the content, quality or nature of the sites that can be reached through links from the www.simonaspan.ro site. For those sites, the owners of the sites in question bear full responsibility.
Subscribe and unsubscribe to the newsletter
Subscribing and unsubscribing to the www.simonaspan.ro website newsletter is free and voluntary, and implies acceptance of the following terms of use. The messages sent are not unsolicited and you can unsubscribe at any time by following the instructions at the bottom of each email. The messages sent comply with the Electronic Commerce law regarding commercial communication as stipulated by Romanian and international legislation.
The use of the newsletter is done under the same conditions of limitation of liability from the point of view of the content as the use of the website is authorized, under the conditions provided by this document, and the confidentiality policy is described in detail in the next section. SIMONA SPAN holds all rights to the content of the newsletter sent to subscribers under the same conditions as for the information published on the website, in accordance with the provisions of this document.
Subscribers of the SIMONA SPAN newsletter can resend these commercial communications to other people, at their own risk, and under the conditions that they have not modified either the structure or the content of the respective messages. The people who received the commercial messages from the SIMONA SPAN newsletter subscribers are considered to have been informed in advance by the subscribers about the provisions of this article. In this context, SIMONA SPAN cannot be held responsible in any way for the actions of its subscribers.
SIMONA SPAN reserves the right to restrict the access of any subscriber to the newsletter, if it has any reason to believe that the respective subscriber does not comply with the provisions of this document.
13.1. SIMONA SPAN does not ask its Customers or Users by any means of communication (e-mail/telephone/SMS/etc) for information regarding confidential data, bank accounts/cards or personal passwords.
13.2. The Client / User assumes full responsibility for the disclosure of his confidential data to a third party.
13.3. simonaspan.ro disclaims any responsibility, in the event that a User/Client is/is harmed in any way by a third party who claims to be/represent the interests of SIMONA SPAN.
13.4. The Client or User will inform SIMONA SPAN of such attempts, using the contact details.
13.5. SIMONA SPAN does not promote SPAM.
13.6. Any user/client who has explicitly provided their email address on the website can opt for its deletion.
13.7. The communications made by SIMONA SPAN through electronic means of remote communication (i.e. e-mail) contain complete and compliant identification data of the sender or links to them, on the date of transmission of the content.
13.8. The following goals achieved or not will be considered the attempt to defraud the site/content and/or SIMONA SPAN and the criminal investigation will be launched against the one or those who tried to or achieved this goal(s) (hate):
13.8.1. to access the data of any type of another user/Client by using an account or by any other method.
13.8.2. to alter or otherwise modify the content of the website or the Content sent by any method by SIMONA SPAN to the User / Client
13.8.3. to affect the performance of the server/servers on which the site runs
13.8.4. to access or disclose to any third party who does not have the necessary legal authority, the content sent by any means by SIMONA SPAN to the User/Client when he is not the legitimate recipient of the content.
- Limitation of Liability
- a. SIMONA SPAN cannot be held responsible to any natural or legal person who uses or relies on the content.
- b. SIMONA SPAN cannot be held responsible for any kind of damage (direct, indirect, accidental or not /etc) resulting from the use or inability to use the content-type information presented or not on the site or for any type of errors or omissions in the presentation of the content that can lead to any kind of losses.
- c. If a User/Client considers that a Content sent by any means by SIMONA SPAN violates copyright or any other rights, he can contact SIMONA SPAN for details, according to the contact details, so that SIMONA SPAN to be able to make an informed decision.
- d. SIMONA SPAN does not guarantee the user or client access to the website or the service and does not grant them the right to download or modify partially and/or fully the content, reproduce partially or fully the content, copy, or to exploit any content in any other way, or to transfer to any third party any content to which he has and/or has obtained access, based on a user agreement, without the prior written consent of SIMONA SPAN.
- e. SIMONA SPAN is not responsible for the content, quality or nature of other sites reached through links from the content, regardless of the nature of these links. For the respective sites, the responsibility is fully borne by their owners.
- f. SIMONA SPAN is exonerated from any fault in the case of the use of the sites and/or the content transmitted to the User or Client by any means (electronic, telephone, etc.), through the sites, e-mail or an employee of SIMONA SPAN, when this use of the content can or does cause damage of any kind on the part of the User, the Client and/or any third party involved in this transfer of Content.
- g. SIMONA SPAN does not offer any direct or indirect guarantees that:
14.g.1. the service/product will be according to the customer’s requirements
14.g.2. the service/product will be uninterrupted, secure or error-free of any kind
14.g.3. the products/services obtained for free or for a fee through the service will correspond to the client’s requirements or expectations
14.h. The operators, administrators and/or owners of the site are not in any way responsible for the relationships or their consequences resulting from, but not limited to, purchases, special offers, promotions, promotions, or any other type of relationship / connection / transaction / collaboration / etc. that may appear between the client or user and any of those who promote themselves directly or indirectly through the site.
- Privacy policy
- a. SIMONA SPAN guarantees the security and confidentiality of the data hosted and transmitted through its IT system. This information can be used by SIMONA SPAN to send the user order confirmation, various special offers, promotions, etc. only with the prior consent of the client. The provision of personal data to SIMONA SPAN does not imply obligations on the part of the users and they can refuse to provide this data in any circumstances and can request their deletion from the database free of charge. Any such request/notification in order to delete them from the database, will be dated, signed and sent by the person registered in the database by e-mail to the e-mail address, or by post/courier to the address: Sc SIMONA SPAN SRL – NEGRESTI-OAS, Str. VRATICEL STR., No. 108A, SATU MARE county.
- b. SIMONA SPAN undertakes that personal data will not be disseminated to third parties with the exception of the direct marketing operator. However, the personal data may be transmitted to the legal authorities to verify commercial transactions or to other legal authorities to carry out any checks justified by law, if this is requested in accordance with the laws in force.
- c. The information provided to SIMONA SPAN is used only for the purpose for which it was entered (making orders, sending messages to OFG staff, subscribing to the newsletter, etc.), according to the laws in force. SIMONA SPAN does not provide your e-mail address to third parties, does not encourage spam, and does not make public the data provided by its clients without their explicit consent.
- d. SIMONA SPAN certifies that it will respect the rights conferred by Law no. 677/2001 regarding the protection of individuals regarding the processing of personal data and the free movement of such data, of Law no. 365/2002 regarding electronic commerce, as well as Ordinance no. 130/2000 regarding consumer protection when concluding and executing distance contracts with subsequent amendments. These rights include (the list is not exhaustive):
- the right to ask SIMONA SPAN to confirm the processing or not of your personal data, free of charge;
- the right to ask SIMONA SPAN to rectify, update, block or delete, free of charge, those data provided whose processing is not in accordance with the provisions of Law no. 677/2001;
- the right to ask SIMONA SPAN to stop, free of charge, the processing of your personal data;
- the right to ask SIMONA SPAN to stop sending promotional messages.
Any such request/notification will be given, signed and sent by the person registered in the database by e-mail to the address simonaspaninfoclients@gmail.com or by post/courier to the address: NEGRESTI-OAS, Str. VRATICEL STR., No. 108A, SATU MARE county.
SIMONA SPAN cannot be held responsible for errors caused by the user’s negligence regarding the security and confidentiality of his account and password. SIMONA SPAN cannot be held responsible in any way for the loss or alteration of personal data stored for the purpose specified in this document.
- Force majeure and fortuitous event
- a. Except for the cases in which they have not expressly provided otherwise, none of the parties to a concluded contract, which is still ongoing, will be responsible for the non-execution on time and/or in an appropriate manner, in whole or in part, of any of the obligations incumbent upon him under the contract, if the non-performance of the respective obligation was caused by a force majeure event.
- b. The party or the legal representative of the party invoking the above-mentioned event is obliged to inform the other, immediately and completely, of its occurrence and to take any measures available to them in order to limit the consequences of the said event.
- c. The party or the legal representative of the party invoking the event mentioned above is exempted from this obligation only if the event prevents it from completing it.
- d. If, within 15 days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of this contract without any of them being able to claim other damages-interests from the other.
- e. The party invoking the force majeure event must prove the impossibility of fulfilling the obligations within 30 days from the date of occurrence of the event, but within the limits of art. 16. c.
- Litigation
17A By using/visiting/viewing/etc the sites and/or any content sent by SIMONA SPAN to the User/Client by accessing and/or sending by any means (electronic, telephone, etc), he/she declares to agree at least with these ” Terms and conditions of use”.
- b. Any dispute with reference to these “Terms and Conditions” that may arise between the User/Client and SIMONA SPAN will be resolved amicably.
- c. SIMONA SPAN is not responsible for any loss, costs, lawsuits, claims, expenses or other liabilities, if these are directly caused by non-compliance with the Terms and Conditions.
- d. Any dispute of any kind that could arise between the User and SIMONA SPAN or its partners will be resolved amicably. If this is not possible, the conflict will be resolved in court, in accordance with the Romanian laws in force.
- e. If any of the above clauses is found to be void or invalid, regardless of the cause, this clause will not affect the validity of the other clauses.
- f. This document has been drafted and will be interpreted in accordance with Romanian legislation.
- Final Provisions
- a. SIMONA SPAN reserves the right to make any changes to these provisions, as well as any changes to the site/its structure/service, including changes that could affect the site and/or any content without prior notification to the User or Client .
18.b. SIMONA SPAN cannot be held responsible for any errors that may appear on the website for any reason, including changes, settings, etc., which are not made by the website administrator.
- c. SIMONA SPAN reserves the right to insert advertising banners of any nature and/or links on any page of the site, in compliance with the legislation in force. The exception is the pages where the partner companies or their offers are presented and where no competitive banners will be inserted.
Any other problem caused by the products and services presented on www.simonaspan.ro and which is not already dealt with by any article in this document, will be resolved amicably within 30 working days from the date of the written notification of the problems , by the user.
If the conflict was not resolved amicably, the competence rests with the Romanian courts or an alternative dispute resolution body, agreed by both parties. By agreeing to these Terms and Conditions of Use of the website www.simonaspan.ro, the client fully assumes the consequences arising from the use of the website under these conditions.