- DEFINITIONS AND TERMS
tucanocoffee.com – is the commercial name of S.C. TUCANO COFFEE ROASTERY S.R.L., a company incorporated and operating according to the Romanian legislation, registered with the trade register number J22 / 211/2019, CUI – 39955062, having its registered office located in Bucharest, Sector 5, str. Calea Rahovei no. 240, Corp B, and 1, cam. 11-17
Seller – tucanocoffee.com
Buyer – it may be any natural person over 16 years of age or a legal person or any legal entity that makes an Order.
Site – the online store hosted at the web address tucanocoffee.com and its sub-domains.
Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site his intention to purchase Goods from the Site.
Goods – any product listed on the Site, including the products mentioned in the Order, to be supplied by the Seller, to the Buyer as a result of the Contract concluded.
Products – any product, including the documents mentioned in the Order, to be supplied to the Buyer, by the Seller.
Campaign – the action to exhibit for commercial purpose, a finite number of Goods having a limited and predefined stock, for a limited period of time established by the Seller.
Contract – represents the distance contract between Seller and Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content – represents:
- all information on the Site that can be visited, viewed or otherwise accessed through the use of electronic equipment;
- the content of any e-mail sent to the Buyers by the Seller by electronic means and / or any other available means of communication;
- any information communicated by any means by an employee / collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
- information regarding the Goods and / or the prices practiced by the Seller in a certain period;
- – information related to the Goods and / or the prices practiced by a third party with whom the Seller has concluded partnership contracts, within a certain period;
- Seller data, or other privileged data of the Seller.
Appreciation – an assessment written by the owner or the beneficiary of a Good, an assessment drafted based on his personal experience and ability to make qualitative comments and to say whether or not the Good complies with the specifications mentioned by the manufacturer.
Rating – a way of expressing the degree of satisfaction of a Buyer towards a product. The rating is expressed in the form of stars, each Good being able to receive a score from one star, to five stars. This degree of satisfaction will always be associated with the Buyer’s Appreciation of a Good.
Comment – critical observation, on the verge of an Appreciation or other comment.
Document – these Terms and Conditions.
Commercial Communications – any type of message sent (such as: e-mail / SMS / telephone / mobile push / webpush / etc.) containing general and thematic information, information on products similar or complementary to those you have purchased, information about offers or promotions, information about Goods added in the “My Cart” section as well as other commercial communications such as market research and opinion polls.
Transaction – collection or reimbursement of an amount resulting from the sale of a Good by tucanocoffee.com, to the Buyer, by using the services of the card processor approved by the Seller, regardless of the method of delivery.
2. CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (by telephone or e-mail) through which the Seller carries out his commercial operations.
2.2. The notification received by the Buyer, after the execution of the Order has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of the Goods in the Order. If you change the quantity of Goods in the Order you will notify the Buyer at the e-mail address or at the telephone number made available to the Seller when placing the Order and he will return the amount paid
2.4. The contract is considered concluded between Seller and Buyer at the moment of receipt by the Buyer from the Seller, through the electronic post and / or SMS of the notification of shipment of the Order.
- ONLINE SALES POLICY
3.1. Access for the purpose of placing an Order is allowed to any Buyer.
3.2. The communication with the Seller can be done by direct interaction with it or by the addresses mentioned in the “contact” section of the Site. The seller has the freedom to manage the information received without having to provide justifications for it.
3.3. All tariffs related to the Goods presented on the Site are expressed in lei (RON) and include T.V.A.
3.4. In the case of online payments the Seller is not / cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion commissions applied by the issuing bank of its card, in case the currency of its issuance differs from RON. Responsibility for this action is borne only by the Buyer.
3.5 All information used to describe the Goods available on the Site (static / dynamic images / multimedia presentations / etc.) is not a contractual obligation of the Seller, these being used exclusively for presentation purposes.
3.6. After 3 days after the purchase of a good, the Buyer will be asked to submit an Appreciation related to the purchased Good. The request will be sent to the email address entered by the Buyer in the Account. In this way, the Buyer contributes to informing other potential Buyers on the Site and is actively involved in the development of new Services and in the most complete details of the characteristics of the Goods.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
4.1. The content, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and / or multimedia content presented on the Site, are the exclusive property of tucanocoffee.com, to which all rights have been reserved. in this sense directly or indirectly (through licenses for use and / or publication).
4.2. The Buyer is not allowed to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, expose, include any Content in any context other than the original intended by tucanocoffee.com, include any Content in outside the Site, the removal of the logos that signify the copyright of tucanocoffee.com on the Content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of tucanocoffee.com
4.3. Any Content to which the Buyer has and / or obtains access by any means, is subject to the Document, if the Content is not accompanied by a specific and valid usage agreement concluded between tucanocoffee.com and it, and without any implied warranty or expressly formulated by tucanocoffee.com with reference to that Content.
4.4. The Buyer 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.
5.1. The buyer can place Orders on the Site, by adding the desired Goods to the shopping cart, following the completion of the Order making the payment by one of the methods indicated expressly. Once added to the shopping cart, a Good is available for purchase as long as there is stock available for it. Adding a good to the shopping cart, without the completion of the order, does not entail the registration of an order, implicitly neither the automatic reservation of the good.
5.2. By completing the Order the Buyer agrees that all the data provided by it, necessary for the purchase process, are correct, complete and true at the date of placing the Order.
5.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation in which it is necessary to contact the Buyer.
5.4. The Seller may cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party to the other or without any party being able to claim the other damages.
5.5. The buyer has the right to withdraw from the Contract, respectively to return a Good, within 14 calendar days, without invoking any reason and without incurring costs other than delivery. Thus, according to OUG no 34/2014, the return period of a good expires within 14 days from the day the Buyer enters into the physical possession of the good.
5.6. Should the Buyer decide to withdraw from the Contract, he may contact the Seller at the email address firstname.lastname@example.org or he may complete online the return form found at Return form page.
5.7. In case the Buyer requests the withdrawal from the Contract and the order is paid, the Seller will reimburse the amount in maximum 14 (fourteen) days from the date of the Seller informing the Buyer about his decision to withdraw from the Contract. The amount will be returned to the Buyer’s bank account.
5.8. The seller will be able to postpone the reimbursement of the amount until the receipt of the goods sold or until the receipt of a proof that they were sent, if he did not offer to recover the goods himself (will take the most recent date).
5.9. In case a good ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Buyer of this fact and will return to the Buyer’s account the value of the Good, within a maximum of 7 (seven) days from the date on that the Seller has become aware of this fact or from the date on which the Buyer expressly expresses its intention to terminate the Contract.
6.1. tucanocoffee.com will keep the confidentiality of information of any kind you provide. The disclosure of the information provided may be made only under the conditions mentioned in this Document.
6.2. No public statement, promotion, press release or any other means of disclosure to third parties will be made by the Buyer regarding the Order / Contract without the Seller’s prior written consent.
6.3. By transmitting information or materials through this site, you give the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use, in his own interest, such information, ideas, concepts, know-how or techniques that you have sent to us through the Site. tucanocoffee.com will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard.
- COMMERCIAL COMMUNICATIONS
7.1. The Buyer may modify at any time the option regarding the agreement given to the Seller for Commercial Communications containing general and thematic information including information on offers or promotions by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller.
7.2. Following the purchase of a good, the Seller will send to the Buyer Commercial Communications regarding the suggestions of Recommended Goods to be used together with the purchased Good.
- BILLING – PAYMENT
8.1. The price, the payment method and the payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the Goods delivered, the Buyer’s obligation being to provide all the information necessary to issue the invoice according to the legislation in force.
8.2. The Seller will send to the Buyer the invoice for the Order containing Goods sold by tucanocoffee.com, physically in the parcel or at the e-mail address mentioned by the Buyer at the end of the Order.
8.3. By sending the Order, the Buyer expresses his agreement to receive the invoices in physical format in the parcel or in electronic format through the electronic post, at the e-mail address mentioned at the end of the Order.
8.4 The payment card details of the Buyer will not be accessible to tucanocoffee.com nor will they be stored by tucanocoffee.com or the payment processor integrated in the Site, but only by the Authorization of the Transaction or another authorized entity. to provide card identification data storage services, about which identity the Buyer will be informed, prior to entering the data.
The entity authorized to provide card data storage services is NETOPIA SRL, through the payment platform MOBILPAY, a company incorporated and operating according to the Romanian legislation, registered with the trade register with the number J40/9170/2003, having the registered office located at Pierre de Coubertin Boulevard 3-5 Office Building, 4th floor, Bucharest, sector 2, 021901.
- DELIVERY OF GOODS
9.1. The conditions of delivery of the goods sold by tucanocoffee.com are listed in the Delivery section.
9.2. The seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
9.3. The seller will only deliver the Goods and Services on the Romanian territory.
10.1. All Goods sold by tucanocoffee.com benefit from guarantee conditions in accordance with the legislation in force and the commercial policies of the producers. The goods are new, in their original packaging and come from sources authorized by each manufacturer. The guarantee term offered for each product sold is 30 days from the moment of purchase of the product. For each product, see the information on the warranty conditions on the packaging.
- TRANSFER OF PROPERTY OF GOODS
11.1. The ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning by delivery – the signature of receipt of the transport document provided by the courier).
12.1. By creating and using the Account, the Buyer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing the access of the Account, and, to the extent permitted by the legislation in force, is responsible for the activity carried out through his Account.
12.2. By creating the Account and / or using the Content and / or placing the Orders, the Customer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing at the date of placing the Order.
12.3. The Seller reserves the right to periodically update and change the Terms and Conditions of the Site to reflect any changes in the mode and conditions of operation of the Site or any changes in the legal requirements. In the case of any such changes, we will display on the Site the modified version of the Document, which is why you should periodically check the contents of this Document.
- WRITING APPRECIATIONS / COMMENTS
13.1. The writing of Appreciations / Comments can be done, by the Buyers, in the “Appreciation” sections. The information provided can be both positive and negative, and will refer to the characteristics and use of a product.
13.2. At the time of recording a certain Appreciation / Comment on the Site, the Buyers grant the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited license and give the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.
- PROCESSING OF PERSONAL DATA
14.1. Please follow the Policy on personal data regarding the processing of personal data, which is part of this Document.
15.1. See the Cookies Policy, which is part of this Document.
- MAJOR FORCE
16.1. Neither party will be liable for failure to perform its contractual obligations, if such failure to timely and / or properly, fully or partially is due to a force majeure event. The major force is the unpredictable event, beyond the control of the parties and that cannot be avoided.
16.2. If, within 15 (fifteen) days from the date of its production, the respective event does not cease, each party shall have the right to notify the other party of the full termination of the contract without any of them being able to claim the other damages.
- APPLICABLE LAW – JURISDICTION
17.1. This contract is subject to Romanian law. The possible disputes between Seller and Buyers will be resolved amicably or, if this is not possible, the disputes will be settled by the competent Romanian courts in Bucharest.