Terms and Conditions

TERMS AND CONDITIONS

1.   Definitions
2.   Intellectual property rights
3.   Exemption from liability
4.   Access limit to website
5.   Personal data processing
6.   Registering as a user
7.   Order
8.   Billing - pay
9.   Guarantee
10. Delivery
11. Promotional campaigns
12. Return policy
13. Force majeure
14. Conflict resolution. Applicable Law
15. Fraud
16. Terms remarketing
17. Final Provisions

www.smagets.ro website, referred to as "Smagets.ro" is owned and managed by the Company MEDIA SAT SRL, hereinafter called "Media Sat", with the following identification: Registration Code RO9942028, registered with the Trade Registry under no. J40/8723/1997 based in 99 Ferdinand Bd, Sector 2, Bucharest, Romania. Tel.: 031.82.52.700; E-mail: help@smagets.ro.
Browsing the website Smagets.ro followed by the Order, equivalent to reading, understanding and acceptance of the Terms below by the Client.
Smagets.ro reserves the right to change and update at any time the content of this website and the Terms and Conditions of use without any prior notice.
In case of disagreement or misunderstanding between Smagets.ro and Client, shall apply Terms and Conditions available at time of Order.

1. Definitions

User - any person who visits the website Smagets.ro.
Client – individual person / legal person performing an Order.
Products and Services - any product or service mentioned in the Order, which will be provided by the Seller to the Client.
Order - an electronic document that comes as a form of communication between vendor and Client that Client expresses intent to purchase certain products and services and to make them pay.
Seller - MEDIA SAT SRL Company, with the following identification data: Registration Code RO9942028, registered with the Trade Registry under no. J40/8723/1997 based in 99 Ferdinand Bd, Sector 2, Bucharest, Romania.
Contract - an Order confirmed by the Seller, which Seller agrees to sell and deliver products and services, and the Client agrees to purchase, receive and make payment of such products and services.
Courier - any person performing public or private courier services.

2. Intellectual property rights

Smagets.ro website contains - images, text, web graphics, scripts, software, design rights, model rights, patents, trademarks - is wholly owned by Media Sat and its suppliers and is protected by copyright law and related rights and intellectual and industrial property laws. Usage without Media Sat agreement any items listed above shall be punished according to law. Smagets is a trademark of Media Sat.
Media Sat can provide to the User/Client, by agreement, the right to use in a described form, some content on the site. This Agreement shall apply strictly to the content/contents defined, for a determined period in agreement and only for the person / persons who were allowed the use of these contents, without being able to use other website's Smagets.ro contents.
Usage on Smagets.ro of any trade names does not constitute advertising for the Company. Smagets.ro assumes no responsibility and cannot be blamed for the damage incurred by use of the site content.

3. Exemption from liability

Media Sat does not warrant that the website, the servers which it is hosted, or emails sent from Smagets.ro are free of viruses or other potentially harmful nature of computer components that do not contain errors, omissions, defects, delays or interruptions in operation or transmission, line failures or any other similar factors. The user uses the website at their own risk, Smagets.ro free from any liability for any direct or indirect damages caused by using or accessing / visiting the website or using the information on the website. Media Sat is not responsible for errors or omissions that may occur in writing or presentation materials on website.
Media Sat assumes no responsibility for product descriptions displayed on website Smagets.ro, which are made available to Media Sat by suppliers.

The information contained on Smagets.ro are informative and are provided in good faith from sources which it considers reliable by the Seller. If any of the published articles or any other information subject fall under the Law on copyright and related rights, user is asked to bring this fact to the Seller at help@smagets.ro to be taken necessary legal measures.
Smagets.ro reserves the right to cancel orders for products and services that appear on the website due to technical errors or because of technical errors shows prices obviously wrong / ridiculous products (prices that can appreciate as incorrect / derisory any buyer with a medium level of training).

Any links to other websites are provided only for the purpose of accessibility to information and Smagets.ro assumes no responsibility or liability for the content of these websites, the products or services advertised or sold through these websites.

4.Access limit to website

Smagets.ro website users can comment and any other communications, may transmit suggestions, questions or information, if their language is civilized and communications content is not illegal, obscene, threatening, defamatory, do not disturb in any way the private life of others, does not infringe the intellectual property rights, do not contain viruses, does not serve promotional campaigns unrelated to Smagets.ro, are not mass emails or any other form of spam. People who use a fake e-mail or will send emails or other communications on behalf of another natural or legal person or on behalf of any other entity will be reported to the competent authorities. Smagets.ro assumes no responsibility and will not be liable to any compensation for any damage caused by such communications.

When sending or posting materials / documents involving text, lines, reviews etc., submitted by users, it is considered as the user guarantees their originality and give Smagets.ro and affiliates / associates non-exclusive, unrestricted, free, irrevocably and re-use, reproduce, modify, adapt, publish, translate, create derivative works, and the right to distribute, display such content anywhere in the world by any means. User warrants that it has all rights to the content that we display on the site or send it by any means, so, using such content will not cause injury to any third natural or legal entities.

5. Personal data processing

Media Sat este inregistrata in Registrul Operatorilor de Date cu Caracter Personal sub numarul 8441 din 15.02.2008 si are obligatia de a administra in conditii de siguranta si numai pentru scopurile specificate, datele personale pe care ni le furnizati despre dumneavoastra, un membru al familiei dumneavoastra ori o alta persoana.

Atunci cand un Utilizator isi creeaza un cont pe Smagets.ro, va primi comunicari comerciale din partea Smagets.ro doar in masura in care si-a dat consimtamantul expres, selectand optiunea corespunzatoare.

Datele colectate cu privire la newslettere si alerte sunt confidentiale. Smagets.ro va putea selecta Utilizatorii carora le va trimite newslettere si alerte.

Scopul colectarii datelor cu caracter personal este: gestiune economico-financiara, reclama, marketing, publicitate, statistica, servicii de comunicatii electronice, informarea Clientilor privind situatia contului lor de pe Smagets.ro, informarea Clientilor privind evolutia si starea Comenzilor.

In cazul in care Clientul isi modifica, prin utilizarea formularelor de pe site, datele personale livrate deja catre Smagets.ro si exista Comenzi in derulare, Comenzile isi pastreaza datele de la momentul plasarii Comenzii, iar livrarea produselor se va face luandu-se in considerare datele disponibile in sistem la momentul etichetarii pentru Curier a coletului cu produsele.

Smagets.ro nu solicita Utilizatorilor sai prin niciun mijloc de comunicare (telefon / e-mail, etc.) informatii confidentiale, parole personale, etc. In cazul in care Utilizatorul le divulga unor terti, acesta poarta intreaga responsabilitate pentru actiunile sale. Astfel, in cazuri de divulgare de astfel de date, Utilizatorul nu poate tine raspunzator pe Smagets.ro pentru niciun fel de prejudiciu.

Smagets.ro are obligatia de a prelucra in conditii de siguranta si numai pentru scopurile specificate datele personale furnizate de Utilizatori conform cu Politica de Confidentialitate privind protectia datelor cu caracter personal.

6. Registering as a User

To create an account on Smagets.ro website, the User is obliged to use a valid email address. Smagets.ro may refuse the application for registration the situations they find that they used false information or using services in a manner inconsistent with normal practice.

7.Order

The User must set the preferred order details (where will be delivered, shipping method and payment method) into User account, and these settings will be retained and used. These settings can be changed at any time.

By checkout the Client guarantees that all information provided is true and accurate, otherwise it could suffer the consequences of these errors (backorder, sent wrong, etc.).

Smagets.ro cannot be held responsible for incorrectly entered information, which may result in delivery delays. In this context, all shipping charges for returning the Order performed shall be supported by Client.

By checkout, the Client agrees that a representative of Smagets.ro to contact him through any available means agreed by the Parties (e-mail / phone) for personal confirmation of the Order.

Smagets.ro may refuse an order after prior notice to the Client, with no obligations between the parties and without any parties can claim damages for the following situations:

failure / invalidation transaction online;
rejection of the Client credit card by the issuing bank / transaction;
incomplete or incorrect data of Client;
Client activity can harm Smagets.ro website / partners;
consecutive failed deliveries;
other objective reasons: if the Client does not warrant that the payment method is valid and that it is obtained through fraudulent method or there are suspicions regarding payment method.

Even if the website took all measures that the information presented on this site is accurate and correct, Smagets.ro cannot be responsible for inaccuracies which may occur in Client addition on website forms for checkout. Users are responsible for evaluating the accuracy, completeness and usefulness of the information provided in the forms available on this website.

8. Billing - pay

Price, method of payment and the payment date are specified in the Order. Seller will issue to the Client an invoice for products and services supplied, the Client is obliged to provide all necessary information for the invoice according to the legislation.

Payment can be made online by credit card or bank transfer.

The final price paid by the Client consists of the product price plus shipping costs and fees. Delivery prices are detailed on the website.

9. Guarantee

For products purchased in the online store Smagets.ro we provide warranty in accordance with the guarantee certificate corresponding to each product. Legal entity that provides warranty is stated on the product warranty certificate.

To qualify for warranty, the Client shall:

the product was purchased from www.smagets.ro and used only for the purpose for which it was designed;
to follow instructions and use the product according to instructions issued by the manufacturer;
to keep the warranty and tax document that bought the product;
to keep the original packaging and all accessories that came in it, and to deliver them with the product warranty.

The place of presentation in order to receive warranty is specified on the warranty. Unless otherwise stated, the cost of transport is supported by Client. Loss of warranty causes:

damage or mechanical damage;
excessive exposure to sunlight;
absence or change ok the device serial number;
modifications of the product;
damage caused as a result of failure to follow the instructions for use, transport, handling and installation provided in the user manual;
mechanical damage or damage caused by hitting the device or damaging the mark model and the serial number;
flooding, fire, sunlight, lightning, alteration or improper installation, unauthorized intervention;
damage to internal circuits due to shocks.

Smagets.ro no warranties to his Clients:

if the purchased product is not suitable for Client requirements or expectations;
after expiry of the period for which the Seller provides Product warranty;
where replacement of nonconforming products or components is impossible to achieve, including due to lack of equipment or related technology;

All other provisions contained in the legislation, to ensure sold products, are valid. Client rights are stipulated in legislation. The warranty does not extend to any damage caused by using the product.

10. Delivery

For products in stock estimated delivery date is 2 days from date of order confirmation and is communicated in e-mail or phone order confirmation. For products in stock of provider estimated delivery date is 5-7 working days. Delivery is free if order value exceeds 200 lei. If the order value is less than 200 lei shipping cost is 23.8 lei.

Between Order and confirmation of its takeover coluld be 24-48 hours. Any further delay will be communicated to the Customer and will agree with this new delivery period which may not exceed the maximum period stipulated above.
Warning! Because of the very short order processing, it is impossible operation changes to orders already placed.

If the goods are unavailable (including where the price or some product features have been modified subsequent order confirmation), Media Sat will inform the customer about the unavailability and the amounts that it has paid shall be refunded within 14 days.

Customer can confirm modifications on price or product features, thus modifying the initial order and Media Sat will deliver the goods according to the amended order.

For products not in stock, the Customer agrees that the Media Sat to deliver a quality product and price equivalent to those required. If the Customer exercises its right of withdrawal within 30 days of receipt of goods, the costs of returning the goods are supported by Media Sat.

10.1. Delivery

At the request of Smagets.ro and the Courier, the Client shall make proof of his identity, if necessary, by one or more documents issued by official authorities and will communicate the order number assigned by the Seller.

If the client is unable to receipt the Order personally, the Order will be left at the address specified only to a person older than 18 years and only if the Courier is informed about the Order number. No request for delivery of order will not be honored if the Client does not meet the above conditions.
For delivery to the Client's work, in which case the Courier cannot access that location, the Client must ensure that it can receive the Order.
The Client will be contacted in advance by telephone by the Courier to get confirmation of its presence at selected address and hour upon Order validation on website.
The Client is obliged to be present at the indicated delivery address in the selected time interval, otherwise it will incur shipping fee related to a possible new deliveries. Time interval can be changed only with the Courier agreement.

Delivery is considered to be accomplished by Smagets.ro, when the delivery of ordered products by the Client at the selected address by him at the time of Order.

10.2. Reception of the products

The Client is required to sign the delivery note (AWB) presented by the Courier at the delivery of ordered products, which is attached and the bill that contains all the information about the delivered products (product name, quantity, price). The Client will check if the products are damaged or if there are gaps and the potential problems will be stated by hand on the delivery note, to be considered.

By signing the delivery note the Client acknowledges that the receipt is in good condition and fully of the ordered products.

11. Promotional campaigns

11.1. Promotional Coupons

The promotional Coupons provided by www.smagets.ro by any promotions are exclusive available for mentioned Section from e-mail transmission code, unless otherwise stated. It is worth mentioning that some products are to be "Exceptions", products on which may not apply promotional codes, but are purchased at the price displayed on the website. Promotional Coupons may only be used when ordering, they can not be used to reduce the Order after it has been placed.

One order can only use one promotional coupon code, page order does not allow the use of multiple codes in the same order. To be eligible to a promotion is not taken into account the transport, unless otherwise stated. Promotions that have the object of gratuity or reduce transport costs apply for each delivery.

If the coupon code has been applied in an Order that could not be honored or was canceled for any reason, the Client has the right to request the reactivation of coupon code exclusively written, by e-mail to help@smagets.ro which contain the order ID, the status, the Client’s name and coupon code. It reactivates a maximum of 30 calendar days.

Attention! Promotions on Smagets.ro does not accumulate between them, will apply the greatest discount. This applies to any form of discount (loyalty cards, promotional codes, gift vouchers, percentage discounts on website, etc.) as a rule, except where otherwise is stated in the promotion. Also, in case of percentage vouchers, the owner of this voucher can not benefit a cumulative discount offered by applying a percentage voucher to reduce existing discount in a promotion. Some promotional campaigns are not cumulative with other discounts, promotions or loyalty actions. This is specified in the rules of that campaign.

Smagets.ro determined unilaterally or in collaboration with certain suppliers the promotions regulations and competitions it organizes on Smagets.ro, which are published exclusively on the website. Promotions are applied to Orders that fully comply with the rules posted on the website clearly mentioned and in the validity of stock. Smagets.ro not guarantee availability of stock of products for the entire period of the promotion may be withdrawn without notice.

11.2. Promotional campaign interruption

If a promotional campaign organized by Smagets.ro, MEDIA SAT as organizer reserves the right to discontinue promotional campaign at any time during its development, with prior notice to the clients through appropriate media (posting on website, signaling in stores, etc.).

The organizer reserves the right to change any of the conditions set forth in the campaign regulations of the campaign, during the campaign, for good reasons, but not before notifying the public about these changes.

12. Return policy

12.1. General conditions

Smagets.ro offer free return for the clients who notify their intention within 14 calendar days after receiving the package. Following the request received from the client, Smagets.ro will send the courier at the indicated address by the customer to pick up the return package.

12.2. Methods and time of returning the products

The Client undertakes to notify Smagets.ro about his intention to return products purchased through e-mail at help@smagets.ro or at the phone number 031.82.53.182 in within 14 calendar days after receiving the products. Otherwise Smagets.ro may refuse the package.

The information required to be provided to Smagets.ro for sending the courier are these:

the date of dispatch of the package;
Order number;
the amount returned;
the address where the courier return to take over the package;
desired payment method (bank account details or shopping voucher equivalent to the amount of returned products).

On receipt of information regarding customer return intention, Smagets.ro made a request to the courier and send the courier at the specified address indicated in client communication to pick up the returned package. Transportation costs of the returned Smagets.ro.

12.3. Return conditions of products

In any situation of returning the products, they must be in the same condition they were sent to the Client, in original packaging with intact tags and with all documents that came (bill, warranty etc.). Returned products must be in the same condition as at the reception: no defects (except for hidden defects and defects already reported by the Client in correspondence with Smagets.ro).

12.4. Money back terms

For full returns of orders, the Client receives the money for the returned products and transportation costs originally paid within 14 calendar days of receipt the return by Smagets.ro.

After the validation of the return, the Client can receive, at his choice, instead of money, the value of the products in the form of a discount voucher that he can use within 30 days from the date of confirmation of receipt the return by Smagets.ro. After this date the voucher becomes invalid.

13. Force Majeure

None of the contractual parties cannot be held liable for failure (total/partial) or late execution of its obligations if they were caused by force majeure. The Parties shall immediately bring to the attention the case of force majeure and shall take all necessary measures to limit the consequences of the event.

If within 15 days the force majeure does not stop, the parties have the right to cancel the contract without claiming damages.
Force majeure is proven according to law.

14. Resolving Conflicts. Applicable Law

The contract shall be governed and interpreted in accordance with Romanian law. Any conflict between Smagets.ro and the Clients will be resolved amicably. If this is not possible, the first way is mediation settlement, under the law, and if it fails to appeal to the competent Romanian courts from Client doorstep.

15. Fraud

Creating multiple accounts using automatically generated addresses that expire after a predefined period, to be eligible for promotions or offers, or any fraudulent behavior able to affect the smooth running of campaigns, is prohibited and will be considered a fraud attempt. Smagets.ro website Owner reserves the right to suspend the created accounts and to withdraw the benefits related to ongoing promotions or offers, to cancel your account without notice, notification, or compensation other formalities.

Any attempted fraud or fraud (such as, but not limited to accessing client data Smagets.ro, altering website content, trying www.smagets.ro impaired performance servers, content delivery diversion by others, etc.) will be prosecuted under criminal law.

16. Terms remarketing

Smagets.ro website pages through a remarketing tag (remarketing tag) created by Google AdWords, cookies are collected (number that uniquely identifies a web browser on a particular computer, not a person) for display of ads in Google Search and Google Display network websites.

When users visit a page containing Smagets.ro website remarketing tag, browser cookie that we use is added remarketing list. A remarketing list is a set of user cookies generated by one or more remarketing tags.

Google AdWords uses cookies to display sponsored ads Google Display Network websites in Google Search users who visit the website Smagets.ro

If you do not agree with the use of cookies by Google, can be done by disabling the Ads Preferences Manager.

17. Final provisions

If any of the above clauses will be found null and invalid, this shall not affect the validity of the other clauses.
Updated on 6/24/2014: MEDIA SAT SRL - www.smagets.ro.