Terms of Service

Last update: [16.09.2018]

All web pages available at Optimusdigital.ro and all linked pages and subdomains ("Site"), are owned and operated by Optimus Digital SRL ("Optimus Digital") or an entity affiliated with Optimus Digital and is accessed by you under the Terms of Service described below ("Terms").

Accessing the Site, using and ordering products published on the Site implies you are agreeing to be bound by the Terms of Service described below ("Terms’"). Please read these Terms carefully before using this service, because creating an Account, placing an order request or placing an Order on the Site is equivalent to the acceptance of the Terms described below.

1. DESCRIPTION OF SERVICE

Optimus Digital / Retailer – OPTIMUS DIGITAL S.R.L. with headquarters in Buzau city, Unirii Boulevard, E4 flat, 6th floor, room 24, Romania, with Chamber of Commerce registration number J10/169/2013 and tax identification code 31277100.

Customer – any individual or legal person who creates an account on the Site and places an order request or an order no matter if they are a consumer or a professional.

Professional - any individual or legal person, public or private, who acts on account of their commercial, industrial or manufacturing activity, crafting or liberal profession in regards to their contracts with Optimus Digital SRL.

Consumer – any individual or groups of individuals established in associations, which in regards to their contracts with Optimus Digital, act  for purposes other than their commercial, industrial, manufacturing, crafting or liberal profession.

Site – the online shop hosted at the web address optimusdigital.ro owned and administrated by Optimus Digital or an entity affiliated with Optimus Digital.

User –  any individual who accesses the Site.

Order – the electronic mechanism of the Site, through which the Customer  expresses their intention of buying products from the Retailer.

Products – any product shown on the Site, Including the products mentioned in the Order, which will be  given by the Retailer to the Customer, following the Contract.

Account – the Site section which includes an email address and a password, allowing  the Customer to send their intention of buying from the Retailer.

Contract – the long distance contract between the Customer and the Retailer, without requiring the Customer and Retailer to be physically present at the same time. The main clause and goal of the Contract is the buying and selling of  the Products shown on the Site.

Side – Retailer or Customer

Site Contents – the information published on the Site which can be accessed and visualized by using electronic equipment (including, but not being limited to images, text, web design elements, scripts, software) and any email content sent to the Customer by the Retailer through electronic means and/or any other means of communication available.

2. ONLINE SELLING POLICY

2.1. The products sold by Optimus Digital are meant to be used by Professionals, except when otherwise explicitly mentioned. Thus,  products meant to be used by consumers are distinctively marked by the phrase "Product meant to be used by consumers" visibly written on the product’s page.

2.2. Site access is allowed for any User which owns or creates an account on the Site. For Site access, the User has to accept the Terms of Service and the Personal Data Protection Policy of Optimus Digital. Each user can only own one account. Sharing an Account between multiple Users is denied.

2.3. The user is obliged to keep the Account access information confidential and to deny the usage of the Account by third parties.

2.4. By placing an Order, or by  expressing their intention of buying the products, the Customer agrees to the means of communication (by email or by telephone) of the Retailer, necessary for the fulfillment of the Contract.

2.5. The Customer has the obligation to supply correct and complete information when placing an Order and/or creating an Account on the Site. Also, the Customer has to update the Account information if any changes occur.

2.6. Optimus Digital reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer in the following but not limited to the following situations :

• online transaction failure / invalidation;
• out of stock products;
• non-acceptance of the Customer’s transaction card;
• incorrect or incomplete data supplied by the Customer;
• the activity of the Customer is damaging the Site, Optimus Digital and/or its partners;
• consecutively returned shipments, the customer being at fault;
• when technical errors such as software or hardware issues occur;
• any other situation when the Customer uses the services offered by the Site in an abusive manner and uses their rights excessively to harm Optimus Digital.

2.7. The Customer is aware that the Site may be interrupted as a result of repair to or maintenance on the Site, or due to equipment malfunction, or any other reason that may be beyond the control of Optimus Digital. Optimus Digital reserves the right, at its sole discretion and without prior notice, to suspend availability of the Site and/or any Service and/or remove any Content at any time. Optimus Digital may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice.

2.8. All features, content, specifications, images, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, colors, measures and similar descriptions are approximate and are provided for convenience purposes only. Optimus Digital makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Dimensions might also vary from the Customer’s expectations, depending on the measuring instrument used.

2.9. In the case of special offers or promotions applicable to some products, the Customer must keep in mind that the offers and promotions will only be valid as long as the available stock allows and only for a limited period of time, published on the Site and/or as displayed in the promotion rules.
 
2.10. For the fulfillment of the Order, the Retailer can contact a third party, but will still be held responsible in regards to obeying the Contract clauses.

2.11. In the case of online payments, the Retailer is not/cannot be held responsible for any additional costs  applicable to the Customer, including but not being limited to transaction fees. Only the Customer is responsible for any additional fees that are not the fault of the Retailer.

2.12. The terms of service and the personal data protection policy displayed on the Site and any other information displayed on the Site by the Retailer, will become part of the Contract.

3. ORDERING THE PRODUCTS

3.1. On the Site, there is a list of products for sale and their prices. The customer can place an order or submit the intention of buying from the Retailer, by adding products in their basket and submitting their order or intention to place an order, on the Site.

3.2. Once the products have been added in the basket, they are available for buying only if they are physically in stock, regardless of the quantity shown on the Site. Thus, the Retailer isn’t forced to enter into the Contract if the products aren’t available anymore.
 
3.3. Adding a product into the basket, without submitting the order, doesn’t mean an order has been placed or that the product has been reserved.

3.4. Before placing an order or submitting the intention of buying from the Retailer, the Customer can edit and check the products added in their basket.

3.5. To place orders or submit their intention of buying from the Retailer, The Customer has to supply the correct necessary information for the invoicing and shipping address. The Customer guarantees that all the information supplied is correct, complete and real, otherwise the Retailer cannot be held responsible for non-performance of his obligations under the Contract (including but not being limited to supplying or not supplying the products ordered) due to incorrect information submitted by the Customer.

3.6. As a result of submitting the intention of buying from the Retailer on the Site, this intention is inspected by an employee and after checking if the information supplied for the invoicing and delivery address is correct or if there might be other problems with the data submitted, and also after checking if the products are in stock, the employee can place an order in the name of the Customer. After the order has been placed, the Customer will get an email, by which he will be notified that his order is ready to be shipped or picked up from the shop. The moment when the Customer receives the email that he can pick up the order or that his order has been shipped, is the moment when the Retailer has entered into the contract.

3.7. By placing an order on the site, or by submitting the intention of buying from the Retailer, the Customer agrees that the Retailer can contact them by prone or by email, using the information supplied, in any situation that calls for contact with the Customer in regards to the fulfillment of the Contract..

3.8. In the case that a product is out of stock, or in other cases when the ordered product cannot be supplied by the Retailer, the Customer will be notified, by phone or by email about the situation. If the order has been already paid in advance, the Retailer has to refund the whole sum to the Customer’s Bank account in no more than 14 days from the time that the order has been placed.

3.9. The Retailer can cancel the order or the submitted intention of buying if there are any problems with the order but the order can be also cancelled without any reason, the Retailer reserves the right to cancel any order they may believe they cannot ship. The Customer will be notified by phone or by email if the cancelling of the order has occurred.

4. PRICING AND INVOICING

4.1. All the prices displayed for the products that are being sold on the Site are shown in RON and EUR currencies, with VAT included.

4.2. The final price paid by the Customer for the products ordered is composed of the price of the products and also the shipping and handling fees. The standard shipping and handling fees through each shipping company, are displayed on the site, before the Customer places the Order or submits the intention to buy from the Retailer. If the Customer’s location isn’t located in the standard area to which the shipping company has access, then the shipping and handling fees vary according to the location of the Customer’s delivery address.

4.3. The price, payment method and payment terms will be specified in the form submitted for placing an order request.

4.4. The invoicing will be done using the information supplied by the Customer in the form submitted when placing an order request. Optimus Digital will not be held liable for incorrect information supplied by the Customer or for the impossibility of deducing some expenses due to the incorrect information supplied by the Customer in regards to the shipping or invoicing address.

4.5. The Retailer will send the invoice to the Customer in the same shipment as the products.

5. PAYMENT TERMS

5.1. The Customer can pay the order in the following ways:

• by cash;
• by paypal;
• by bank wire;
• by card, through Mobilpay;

5.2. In the case that the products will be shipped by courier, the sum will be paid to the delivery man (cash on delivery).

5.3. If the customer chooses to pick up the products from the Optimus Digital physical shop, payment by cash or by card will be made when the products are picked up.

6. PRODUCT DELIVERY

Shipping Conditions

6.1. Product delivery will be considered successful at the moment when the Customer will receive the products at the shipping address mentioned when the order was placed, in the case of delivery by courier. In the case of products being picked up directly from the Optimus Digital shop, product delivery will be considered successful when the Customer picks up the products from the shop.

6.2. Once the Contract has been established, the Customer has the duty to accept the delivery of the products and the payment for them. If the Customer refuses the products or refuses to pay for the products, the Retailer has the right to cancel the Contract.

6.3. If the products are shipped multiple times because the Customer didn’t pick them up or refused them or didn’t want to pay for the products, the Customer is obliged to pay for the multiple shipping costs.

6.4. The Customer has to sign the shipping document with the invoice/receipt presented by the delivery man/Retailer when delivery/pick up occurs.

6.5. At the moment of delivery, the Customer has the duty to check if the product and the wrapping is intact, as well as if any unauthorized openings of the product wrapping occurred. If the customer considers the products might be damaged, the Customer can refuse the delivery/pick up of the products.

6.6. By signing  the shipping document without any complaints,at the moment the product has been delivered to the Customer, means the product has been shipped correctly, qualitatively and quantitatively speaking. Any future complaints regarding any apparent defects of the product will not be taken into consideration.

6.7. In the case that the shipping method has been negotiated at the request of the Customer, all the risk and additional cost will fall in the duty of the Customer.

Shipping methods

6.8. Shipping methods include:

- shipping by courier companies such as Fan Courier, Urgent Cargus or  DPD to the address mentioned by the Customer at the moment when the order request has been placed.

- the customer picking up the products directly from the Optimus Digital pick up location.

Shipping time

6.9. In the case of shipping through the courier companies, the products will be shipped on the day on which the Retailer confirmed through e-mail the acceptance of the order request placed by the Customer. If this is not possible, the order will be shipped on the next day, or in the shortest possible time. The products will most likely reach the Customer in 48 hours, depending on the situation. In the case of shipping through courier companies and in the case of product pick up from the Optimus Digital pick up location, the time it takes to process an order might vary between 2 and 4 days, or more, depending on the number of orders placed before. Optimus Digital offers the possibility of prioritizing the processing of an order, with the payment of an emergency tax of 9.99 lei.

Shipping charge

6.10. Shipping cost varies depending on the prices of the courier company in the covered area, and varies depending on additional kilometers, outside the covered area. The list of cities and villages in the covered area of Fan Courier can be checked by clicking the following link:  https://www.fancourier.ro/locatii-fan/.

Pick up from the Bucharest pick up location

6.11. The ordered products can be picked up from the pick up location at the following address: Iuliu Maniu Boulevard, no. 7, T Building, First Floor, room 4, 6th district, Bucharest, Romania. Products can be picked up between working hours.

7.  RETURN POLICY (RIGHT OF WITHDRAWAL WITHIN 14 DAYS)

7.1. According to OUG nr. 34/2014 regarding consumer rights, in the case of long distance contracts („OUG no. 34/2014”), the Customer has the right of withdrawing from the Contract and the right of returning the products bought from the Retailer, within 14 (fourteen) days from buying them, without any reason and without any additional charges besides the ones necessary for returning the products.

7.2. For clarity, the withdrawal right of the Customer, within 14 days of buying the products only applies in the case that the Contract has been signed by placing an order on the Site, from a distance. It doesn’t apply in the situation that the Customer directly bought the products from the pick up location of Optimus Digital.

7.3. The 14 days period during which the Customer can withdraw from the Contract starts to flow from the day on which the Customer physically received the products. In the case of multiple shipments of the same order, the period flows from the first day on which the Customer physically received the last product in the order.

7.4. If the Customer decides to withdraw from the Contract, they need to inform Optimus Digital in regards to the withdrawal decision taken, by using the return form received after the Customer communicates Optimus Digital the desire to withdraw from the Contract, or by any other unambiguous statement sent to Optimus Digital, such as a letter.

7.5. For returning the products, the Customer is required to fill in the return form received from Optimus Digital. The Customer has the duty to correctly fill in the form, with correct personal data required in the form. Personal data collected through the return form is of the sort mentioned in OUG Annex no. 34/2014 and data processing is only done strictly for the necessary return process. If the Customer is against filling in the form with their personal data, the return process might be impossible to complete.

7.6. In order to receive the money back for the returned products, the Customer is required to fill in the receipt form provided by Optimus Digital, with their correct personal data. The return receipt is the proof that Optimus Digital refunded the money to the Customer and if the Customer doesn’t want to fill in the form, then Optimus Digital has the right to refuse the refund to the Customer.

7.7. The Consumer has the duty to return the products within no more than 14 days flowing from the day the Customer notified Optimus Digital of their will of withdrawing from the Contract. The products have to be returned in the same state they were received, with all the documents and accessories that accompanied the products (original wrapping, gifts, accessories, documents etc.).

7.8. Optimus Digital reserves the right to diminish the refunded sum to the Customer, by taking in consideration the handling fees of the returned products, others than the ones needed for determining the nature, characteristics and functionality of the products. The degree of deterioration of the product will be evaluated by the technical department of Optimus Digital, varying from case to case.

7.9. The Customer acknowledges and accepts the fact that in the case that the returned products are deteriorated, the Retailer has the right to diminish the refunded sum.

7.10. Finally, product return will not be accepted if the product has been damaged due to incorrect use of the product. Products on which unauthorized procedures have been done, products that show signs of wear or excessive use, scratches, blows or any other mechanical / thermal / electrical shocks will not be accepted for return.


7.11. The sum will be refunded by Optimus Digital in maximum 20 days from the date that the Consumer expressed their will of withdrawing from the Contract, except the situation in which Optimus Digital needs to receive the returned products. In this situation, Optimus Digital will refund the sum in maximum 20 days from the date of  receiving the returned products.

7.12. The sum that was paid by the Customer, will be returned by bank wire in the account indicated by the Customer on the return form, or, in the case the bank account hasn’t been specified, the sum will be refunded in cash, at the following address: Bucharest city, Iuliu Maniu Boulevard, no. 7, T building, first floor, 6th district, between working hours.

7.13. In any situation, product return will not be accepted if the Customer can’t provide the payment proof, meaning the receipt/invoice issued by Optimus Digital. For removing any doubt, payment proof for products bought on the Site, cannot be considered by looking at the Customer’s account history on the Site.

8. LEGAL GUARANTEE OF CONFORMITY

8.1. The legal guarantee of conformity is the legal obligation of the Retailer to the Consumer, without requiring additional costs, to refund the price paid by the Consumer, repair or replace the purchased product if it does not meet the conditions stated in the warranty statements or in advertising.

8.2. The Retailer has the obligation of shipping only the products which correspond to the Contract. It is assumed the products correspond to the Contract in the following situations:

• corresponds with the product description written by the Retailer;
• corresponds to the purpose of the product;
• corresponds to the usual purpose of products of the same type;
• being of the same type, presents parameters of quality and normal performance which the Consumer can reasonably expect due to the nature of the product and the public statements regarding its specific characteristics made by the Retailer, the manufacturer or his representative, in particular advertising or by the product label.

8.3. It is not considered a lack of conformity if, at the time of entering into the Contract, the Consumer has or could reasonably have been aware of the lack of conformity.

8.4. In the case of lack of conformity, the Consumer can request the reparation or the replacement of the product and only after these, cancelling the Contract and refund.

8.5. Optimus Digital SRL doesn’t have the obligation of replacing, repairing the products or refunding the sum if the products haven’t been brought to Optimus Digital for checking, or if they aren’t accompanied by the receipt/invoice on the basis of which they were bought.

8.6. The Consumer doesn’t have the right of cancelling the Contract if the lack of conformity is minor. In this case the Consumer can only request a discount. The degree of lack of conformity will be declared by the technical department of Optimus Digital SRL, depending from case to case.

8.7. Repairing or replacing the faulty products will be done within a reasonable period of time, taking into account the nature of the product and the purpose for which the Consumer bought the product. The reparation or replacement of the product will be done within 15 days from the date that the Consumer informed the Retailer about the lack of conformity of the product and returned the product back to the Retailer.

8.8. Optimus Digital might not be able to  repair or give a new product replacement to the Customer on the same working day or on the following day. Thus, Optimus Digital has the right to firstly check every product which is supposedly faulty, to determine if the fault of the product has existed ever since it has been received by the Consumer or if the fault is due to product usage by the Customer. In any case, the repairment or replacement period of time will not be longer than the legal 15 calendar days. If reparation or replacement isn’t possible, Optimus Digital will refund the sum paid for the product, to the Consumer.

8.9. Retailer’s  liability for the legal guarantee of conformity may be referred to, only if the lack of conformity occurs within 2 years of delivery of the product. For products with an average use time of less than 2 years, the time limit is reduced to the average product use time.

8.10. Also, the Consumer must inform the Retailer of the lack of conformity within 2 (two) months of the date they noticed.

8.11. After the expiration of the period for the legal guarantee of conformity, the Consumer may claim the repairing or replacement of the products that can not be used for the purpose for which they were made only as a result of hidden defects occurring within the average use period, under the law limitations.

8.12. Seller's liability for the legal guarantee of conformity will not be taken into consideration if:

• The consumer does not provide proof of purchase of the product on the Site (invoice / receipt);
• The consumer has not complied with the conditions of transport, use and / or maintenance of the product;
• The product exhibits modifications or interventions by persons other than those authorized by the Seller;
• The product no longer meets the conditions of compliance due to the Consumer’s fault, such as improper storage, exposure to mechanical / thermal / electrical shocks, etc.

9. PRODUCT OWNERSHIP TRANSFER

9.1. Product ownership will be transferred at the time of delivery of the products to the buyer after the payment has been made by the buyer in accordance with the payment methods specified in the Optimus Digital Terms and Conditions.

10. Force Majeure

10.1. None of the Parties shall be liable for the non-performance on time and / or improper execution, totally or partly, of any obligation under the Contract if the non-execution or improper execution of that obligation was caused by a force majeure event, as defined by law. However, each Party shall take all possible measures to limit the consequences of a force majeure event.

10.2. If, within 15 calendar days of occurring, that event does not cease, both the Retailer and the Consumer shall have the right to notify the termination of the Contract without any right to claim damages.

11. PERSONAL DATA PROTECTION POLICY

11.1. In order to ensure that orders are received and honored for products marketed on the Site, Optimus Digital processes your personal data, but ensures any personal data collected is used strictly for the purpose of  finalizing the order or product return process.

12. INTELLECTUAL PROPERTY RIGHTS

12.1. The entire content of the site, as defined in the preamble, is the exclusive property of Optimus Digital and is subject to copyright protection law (Law No.8 / 1996) and Intellectual and Industrial Property Laws.

12.2. The user is prohibited from copying, distributing, publishing, transferring to third parties, modifying  and / or altering, using, displaying, incorporating any content in any context other than that intended by Optimus Digital, including any content outside the site, which is the copyright of Optimus Digital, as well as the participation in the transfer, sale, distribution of materials made through the reproduction, modification or display of the Content, except with the express agreement of Optimus Digital. The use of any content of the Site without the Optimus Digital Agreement is punishable under the applicable laws.

12.3. Any copyright infringement complaints can be sent to support@optimusdigital.ro.

13. FRAUD

13.1. Optimus Digital does request Consumers or Users by any means of communication (e-mail, telephone, etc.) any confidential data such as bank account details or personal passwords. The Consumer / User assumes full responsibility for disclosing their confidential data to third parties.

13.2. Optimus Digital will not be held responsible if the Consumer / User is / is prejudiced in any form by a third party who would claim to be Optimus Digital.

13.3. The Consumer / User has the obligation to inform Optimus Digital of such fraud attempts, using the contact data presented on the Site.

14. DISPUTES

14.1. By using, visiting and viewing the Site or any content sent by Optimus Digital to the Consumer / User by accessing and / or sending by any means (electronic, telephone, etc.), the Consumer / User declares that he agrees to the terms of the Terms and conditions.

14.2. Any dispute regarding the Optimus Digital Terms of Service and Privacy Policy or the execution of the Agreement that may occur between Consumer / User and Optimus Digital, will be solved amicably. If this is not possible, the conflict will be settled by the competent court in accordance with applicable law.

14.3.  As for the disputes between Optimus Digital SRL and the Consumer, these can also be settled through the online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main. home2.show & lng = EN.

15. TERMS AND CONDITIONS UPDATES AND EDITS

15.1. The Retailer may periodically update and modify the Terms and Conditions. In any case, each order will be subject to the Terms and Conditions enforced and published at the time of order placement. Therefore, we recommend that prior to placing an order, make sure you are informed about the latest version of the Optimus Digital Terms and Conditions.

16. CONTACT INFORMATION

16.1. For complaints or any other information, please contact us at support@optimusdigital.ro or by post at Optimus Digital, at the following address: Buzau city, Unirii Boulevard, E4 flat, 6th floor, apartment 24, Buzau County, in the attention of Mr. Florea Bogdan-Florin. We will process your request and we will answer as soon as possible, depending on the complexity and number of requests addressed.