Article 1 - PURPOSE
The website https://www.pro-detailing.de, hereinafter referred to as "pro-detailing.de", is owned and managed by the company Pro Detailing 99 SRL, hereinafter referred to as "Pro Detailing", having the following data identification: Unique Registration Code 43159167, registered at the Trade Register with no. J40/13111/2020 and located in Str. Maior Alexandru Campeanu, Nr. 49A, Bucharest, Romania. Tel: +40 755 125 400; e-mail: firstname.lastname@example.org
The general terms and conditions of sale will apply to all sales of goods and services by PRO DETAILING 99 SRL, through the virtual store https://www.pro-detailing.de to the Buyer and can be modified only with the express written consent of both part.
In this document, the following terms will mean:
Buyer: person, company or other legal entity that issues an Order.
Seller: Pro Detailing 99 S.R.L., headquartered in Bucharest, Str. Maior Alexandru Campeanu, Nr. 49A, trade register number J40/13111/2020, CUI 43159167.
Goods and Services: any turnkey project, products, materials and / or part of them or service, including the documents and services mentioned in the Order or otherwise related to them to be provided by the Seller to the Buyer.
Order: an electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and to pay for them.
Contract: The order confirmed by the Seller by issuing the fiscal invoice. The conclusion of the contract takes place at the moment of issuing the fiscal invoice and not at the launch of the order or the issuance of the confirmation of receipt of this order.
Intellectual property rights (in the following IPR): all intangible rights such as know-how, copyright, database rights, design rights, model rights, patents, trademarks and domain name registrations for any of the above.
Specifications: all specifications and / or descriptions of the Goods and Services as specified in the order.
Article 2 - CONTRACTUAL DOCUMENTS
By launching an electronic or telephone order on the website https://www.pro-detailing.de, the Buyer agrees with the form of communication (telephone or e-mail) through which the Seller carries out its operations. The order will be composed of the following documents, in order of importance:
Order (along with clear information on delivery and billing dates)
Buyer Specifications (where applicable)
In the case of campaigns limiting the number of products per Customer (Customer being defined as the same consumer or the same legal entity (company name) or the same phone number or the same delivery address or billing address), launching several orders having in common any of the aforementioned situations leads to their cancellation.
If the Seller confirms the order, this will imply a complete acceptance of the terms of the Order. Acceptance of the order by the Seller is considered completed when there is a verbal confirmation (telephone) or electronic (e-mail) from the Seller to the Buyer, without requiring an acknowledgment of receipt from him. The Seller does not consider at any time an unconfirmed order as having the value of a Contract.
Article 3 – VALIDITY
This Agreement enters into force upon issuance of the invoice by the Seller. The information about issuing the invoice is made by phone or electronically (e-mail). The general terms and conditions of sale will be the basis of the Contract thus concluded, in their completion being the Warranty Certificate issued by the Seller or a supplier thereof.
Article 4 - EXTENSION OF THE SELLER'S OBLIGATIONS
The Seller will use his professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods and Services that meet the requirements, needs and specifications of the Buyer;
The information presented on the seller's sites is informative and is documented or modified by the Seller according to the files / presentation sites of the Manufacturers. Also, for reasons related to space and consistency of information structure, product descriptions may be incomplete but the seller makes efforts to present the most relevant information according to the information received from Manufacturers, so that the product is used in the parameters for which it was purchased;
Communication with the store - can be done by interacting with it, posting opinions about products or communicating through the addresses mentioned in the contact section. Opinions or addresses containing insults or inappropriate language will be excluded or ignored from the site. The seller has the freedom to manage the information received, without having to bring justifications for it.
Article 5 - ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and / or subcontract a third party for services related to the fulfillment of the order, with the information of the Buyer, without the need of his consent. The Seller will always be responsible to the Buyer for all contractual obligations.
Article 6 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Buyer understands the intellectual property right and will not disclose to a third party or make public (on the Internet or media), any of the information received from the Seller. Also, the names of the sites, as well as the graphic signs, are registered trademarks owned by PRO DETAILING 99 S.R.L. and may not be taken over, copied or used without the written consent of the owner.
Article 7 - CONFIDENTIALITY – ADVERTISING
All plans, documents and information of any kind provided by the Buyer to the Seller, including without limiting the order, will remain the property of the Seller. They can only be used for the execution of the contract. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer regarding the order without the prior written consent of the Seller.
Article 8 - PENALTY TERMS
If the terms of delivery and / or start of the Order cannot be observed, the Seller is obliged to notify the Buyer of the estimated term of completion of the delivery. The Buyer will have the right to claim additional damages from the Seller, when allowed by law, in case of total or partial non-fulfillment by the seller of the execution of the Contract in accordance with the established terms. In case the Buyer delays from his fault the payment of the goods within the term provided in the invoice issued by the Seller, he is obliged to pay a penalty of 0.5% per day of the amount due. If the Seller receives erroneous information related to the invoicing or delivery of the products, a new order fulfillment term will be established, which will be within 5 working days. The deadline, if not modified by the Seller by notifying the Buyer, is 30 days from placing the order.
Article 9 - BILLING – PAYMENTS
The price, the payment method and the payment term are specified in the Order. The Seller will issue to the Buyer an invoice for the delivered Goods and Services, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
All prices for products sold through the website https://www.pro-detailing.de are expressed in Euro and contain VAT at a rate of 19%.
If re-invoicing is desired, changing the invoicing data involves reversing the initial invoice and issuing a new invoice. Re-invoicing can be done only within the same accounting month and only for invoices that exceed the value of 100 EUR. Please note that re-invoicing is possible only in the following variants: legal entity - legal entity or individual person - legal entity, not legal entity - individual person.
The seller does NOT apply the broken down T.V.A payment, according to the Register of persons who apply the broken down T.V.A payment.
Article 10 - RISKS AND RESPONSIBILITIES
The Seller is required to send the Goods and Services by courier to the Buyer or to deliver them personally to a registered office.
Transport – Packaging
Unless otherwise agreed by the Seller and the Buyer, the Seller discharges the risks and responsibilities associated with the Goods and Services upon delivery to the domestic courier company with which the Seller collaborates. The Seller will ensure the proper packaging of the Goods and Services and will ensure the transmission of the accompanying documents on a durable medium (printed / mail or on site on the Buyer's account). The Seller will deliver the Goods and Services on the European Union territory.
Parcel opening service upon delivery
The Seller can offer, at the express request of the Buyer or free of charge, for certain products the parcel opening service upon delivery. In this way, the conditions are ensured that when receiving the packages, both the condition of the outer packaging and the visual aspect of their content are checked. The signature of receipt certifies that the products have been delivered properly.
Article 11 - ACCEPTANCE AND RIGHT TO RENOUNCE
Acceptance will be made when the Goods and Services comply with the technical characteristics mentioned in the Order. If the Buyer discovers that the Products delivered or the Services provided do not comply with the technical specifications, then the Seller will bring the Products and Services into conformity within the maximum term equal to the execution term of the Order, without imputing to the Buyer any costs related to these operations. The Seller will also comply with the provisions of the O.U.G. 34/2014 and will apply the return policy. The Seller has the right that when he considers that the actions of the Buyer were with bad intention to request damages to the Buyer, under the conditions of the legislation.
Article 12 - SURPLUS GOODS
Any goods delivered in excess of the quantity provided in the Order may be refused by the Buyer within 7 calendar days of delivery.
Article 13 – GUARANTEES
In addition to any other warranties provided by applicable law and detailed in the Warranty Certificate issued by the Seller or a Seller's supplier, they warrant the Buyer against any non-conformity that may affect all or part of the Goods and Services, except for normal wear and tear, for the period of 24 months from the date of issuing the sales invoice. Exceptions are consumable products, which do not benefit from the guarantee.
Where there is no Warranty Certificate, the warranty is granted based on the invoice, according to the legislation in force.
Article 14 - TRANSFER OF PROPERTY
Ownership of the Goods and Services will be transferred at the time of payment by the Buyer to the location indicated in the order (meaning delivery - signing the receipt of the transport document provided by the courier or signing the receipt on the tax invoice in case of deliveries made by the Seller's staff) .
In case of delivery by courier, it is not authorized by the Seller to allow the Buyer to open the packages before signing the delivery, but only after signing the delivery and paying their possible value. The Seller cannot be held responsible for the contents of the packages sent unless there is a document concluded by the Buyer and the representative of the courier who made the delivery.
Article 15 - COMPLIANCE WITH LAWS AND STANDARDS
The Seller shall comply with all laws, regulations and ordinances applicable to its contractual performance, including without limitation the manufacture, assembly, handling, transport, storage, packaging or delivery of the Goods and Services and applicable to health, safety, environment.
Article 16 – LIABILITY
The seller does not guarantee that the site, the servers on which it is hosted, or the e-mails sent from pro-detailing.de are free of viruses or other computer components with a potentially harmful character, that it does not contain errors, omissions, defects, delays or interruptions in operation or transmission, line drops or any other similar factors. The user uses the site at his own risk, pro-detailing.ro being free of any liability for any direct or indirect damages caused by using or accessing / visiting the site or as a result of using the information on the site. PRO DETAILING is not responsible for errors or omissions that may occur in the drafting or presentation of materials on the site.
The Seller cannot be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for loss of products.
Promotions are valid within the available stock.
The seller, as the organizer of the promotional campaigns, does not assume responsibility for the loss or damage of the campaign voucher, is not responsible for counterfeit or damaged vouchers and reserves the right to cancel the voucher used for purchase or deduct its value from the refundable value, in case of return according to the law, of a product participating in the respective campaign.
Any links to other sites are provided only for the purpose of increased accessibility of information, and the Seller does not assume any responsibility or liability for the content of these sites, for products or services promoted or marketed through these sites.
The Seller will be liable if its subcontractors and / or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.
Article 17 - RISKING PRICE OR ERROR CHARACTERISTICS
The seller makes every effort to provide accurate information about the price and features of the products. Some prices and / or features may be incorrect. In case of registering an order with a ridiculous price, the Seller has the right to cancel the Buyer's order. In case of registering an order for a product with erroneous characteristics, the Seller will make every effort to deliver to the Buyer a product with characteristics as close as possible to those presented on the site at the time of placing the order. If the Buyer does not agree with the Seller's proposals, the Seller has the right to cancel the Buyer's order.
Article 18 - VIOLATION – TERMINATION
If the seller does not fulfill its obligations, including during the warranty period, the Buyer will notify the Seller of this breach. An action plan will be validated between the Parties within 3 days of notification. The Buyer may cancel an Order by e-mail before it has been delivered. Otherwise, the order will be subject to the return of the goods, mentioned on the Seller's websites.
Article 19 – FORCE MAJEURE
Neither party will be liable for non-performance of its contractual obligations if such non-performance is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.
Article 20 - APPLICABLE LAW – JURISDICTION
This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract will be settled amicably, and if no agreement is reached in this way, the competent courts will be appealed to the Seller's headquarters.
Article 21 - MISCELLANEOUS PROVISIONS
If one or more provisions conflict with any applicable legal requirement, the said provisions shall not be applied and the Parties shall endeavor together to agree on new provisions which respect the spirit of the initial provisions. The parties to the contract will be considered independent contractors and neither party is granted the right or authority to assume or create any obligation on behalf of or to the detriment of the other. The terms and conditions of this agreement replace other prior written or oral agreements between the said Parties regarding the subject matter of this Agreement and may only be amended or changed by written agreement signed by both parties.
In order to place an order, minors must have the consent of their legal representatives.
PRO DETAILING 99 S.R.L. reserves the right to refuse collaboration with customers who exhibit inappropriate behavior and language, in writing or verbally (aggressive, licentious, etc.), have in the history of orders refused deliveries, abusively use the right of return within 14 days.
Thank you for choosing us,
Pro Detailing Team