- DEFINITIONS AND TERMS
www.aliveroastery.com – is the site of SC Cortina Cafe SRL., legal person of Romanian nationality, having its registered office in Tureni commune, Cluj county Str. Principala, Nr. 29, having serial number in the Trade Register J12 / 69/2013, unique fiscal registration code RO 31077004.
Seller – SC Cortina Cafe SRL
Buyer – can be any natural person who is over 16 years old or legal person or any legal entity that makes an Account on the Site and places an Order.
Client – can be any natural person over 16 years of age or legal person who has or obtains access to CONTENT, through any means of communication provided by SC Cortina Cafe SRL (electronic, telephone, etc.) or based on an agreement of use existing between SC Cortina Cafe SRL and this one and which requires the creation and use of an Account.
User – any natural person over the age of 16 or a legal person registered on the Site, who, by completing the process of creating the Account, has agreed to the site-specific clauses in the General Terms and Conditions section.
Nickname – pseudonym by which a certain User / Customer / Buyer can add Content to the Site. The nickname is associated with the information on the Site of the User / Customer / Buyer under the name of “Username”.
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to send the Order and which contains information about the Customer / Buyer and the Buyer’s history on the Site (Orders, tax invoices, goods guarantees, etc.). The user is responsible and will ensure that all information entered when creating the Account is correct, complete and up to date.
My Cart – section of the Account that allows the Buyer / User to add Goods or Services that he wants to purchase at the time of addition or at a later time; if the Goods are not purchased at the time of addition by placing the Order, the Buyer / User will benefit from the service offered by the Seller for tracking the Goods by receiving Commercial Communications from him.
Site – the online store hosted at the web address www.aliveroastery.com and its subdomains.
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 and services mentioned in the Order, which are to be provided by the Seller, to the Buyer as a result of the concluded Contract.
Campaign – the action of exhibiting for commercial purposes, 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 concluded between the Seller and the 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 by using 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 related to the Goods and / or Services and / or tariffs practiced by the Seller in a certain period;
– information related to the Goods and / or Services and / or tariffs practiced by a third party with which the Seller has concluded partnership contracts, in a certain period;
– data regarding the Seller, or other privileged data of the Seller.
Review – a written evaluation by the owner or beneficiary of a Good or Service, an evaluation based on personal experience and his ability to make qualitative comments and to say whether or not the Good meets the mentioned specifications.
Rating – a way of expressing the degree of satisfaction of a User / Customer / Buyer with a product. The rating is expressed in the form of stars, each Good can receive a score from one star to five stars. This degree of satisfaction will always be associated with the review written by the User / Customer / Buyer on a Good or Service.
Comment – appreciation or critical observation on a Review 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 on offers or promotions, information on Goods added in the “My Account / Cart” section or the “Account / Favorites” section as well as other commercial communications such as market research and opinion polls.
Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and / or Service by SC Cortina Cafe SRL, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the delivery method.
Specifications – all specifications and / or descriptions of the Goods as specified in their description.
- CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees with the form of communication (telephone or e-mail) through which the Seller carries out its commercial operations.
2.2. The notification received by the Buyer, after making 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 telephone number provided to the Seller when placing the Order and will return the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer at the moment of receipt by the Buyer from the Seller, by means of electronic mail and / or SMS of the notification of sending the Order.
- ONLINE SALES POLICY
3.1. Access in order to place an Order is allowed to any User / Buyer.
For justified reasons SC Cortina Cafe SRL reserves the right to restrict the access of the User / Buyer in order to make an Order and / or to some of the accepted payment methods, if it considers that based on the conduct or activity of the User / Buyer on the Site , his actions could harm SC Cortina Cafe SRL in any way. In any of these cases, the User / Buyer can write to aliveroastery@yahoo.com, to be informed about the reasons that led to the application of the above measures.
3.2. Communication with the Seller can be done through direct interaction with him or through the addresses mentioned in the “contact” section of the Site. The seller has the freedom to manage the information received without having to bring justifications for it.
3.3 In case of an unusually high volume of traffic coming from an internet network, SC Cortina Cafe SRL reserves the right to ask the Users / Buyers to manually enter the validation codes of captcha type, in order to protect the information within the Site. .
3.4. All tariffs related to the Goods and / or Services presented on the Site are expressed in lei (RON) and do not include VAT, due to the micro-enterprise status of SC Cortina Cafe SRL.
3.5. In the case of online payments, the Seller is not / cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing his card, if the currency of his issuance differs from RON. The responsibility for this action lies solely with the Buyer.
3.6. All the information used to describe the Goods available on the Site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.
3.7. After 14 (fourteen) days from the purchase of a Good, the Buyer will be required to register a Review related to the purchased Good or Service. The request will be sent to the email address registered by the Buyer in the Account. In this way, the Buyer contributes to informing other possible Users / Customers / Buyers on the Site and is actively involved in the development of new Services and in the most complete detailing of the characteristics of the Goods.
- ASSIGNMENT AND SUBCONTRACTING
4.1. 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 consent of the Buyer. The Seller will always be responsible to the Buyer for all contractual obligations.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the Site, are the exclusive property of SC Cortina Cafe SRL, being reserved to him all the rights obtained in this sense directly or indirectly (through licenses for use and / or publication).
5.2. Customer / Buyer / User is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, display, include any Content in any context other than the original intended by SC Cortina Cafe SRL , the inclusion of any Content outside the Site, the removal of the signs that signify the copyright of SC Cortina Cafe SRL over 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 SC Cortina Cafe SRL.
5.3. Any Content to which the Customer / Buyer / User has and / or obtains access by any means, is under the incidence of the Document, if the Content is not accompanied by a specific and valid use agreement concluded between SC Cortina Cafe SRL and it, and without any implied or express warranty made by SC Cortina Cafe SRL with reference to that Content.
5.4. Customer / Buyer / 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.
5.5. If SC Cortina Cafe SRL grants the Customer / Buyer / User the right to use in the form described in a separate use agreement, a certain content, to which the Customer / Buyer / User has or obtains access following this agreement, this law extends only to that or those contents defined in the agreement, only during the period of its existence or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment from SC Cortina Cafe SRL for the respective Customer / Buyer / User or any other third party who has / obtains access to this transferred content, by any means and which could be or is harmed in any way as a result of this content, during or after the expiration of the use.
5.6. No Content transmitted to the Customer, User or Buyer, 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 SC Cortina Cafe SRL and / or the employee / the person in charge of SC Cortina Cafe SRL who mediated the transfer of the Content, if it exists, to the respective content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying use agreement, if any, is prohibited.
- ORDER
6.1. The Client / Buyer can place Orders on the Site, by adding the desired Goods to the shopping cart, following to complete the Order by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a Good is available for purchase as long as there is stock available for it. The addition of a Good in the shopping cart, in the absence of completing the Order, does not entail the registration of an order, implicitly also the automatic reservation of the Good / Service.
6.2. By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
6.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.4. The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other in the following cases:
6.4.1. non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by SC Cortina Cafe SRL, in case of online payment;
6.4.3. the data provided by the Client / Buyer on the Site are incomplete and / or incorrect;
6.5. The Buyer has the right to withdraw from the Contract, respectively to return a Good or to give up a Service, within 14 calendar days, without invoking any reason and without incurring costs other than delivery. Thus, according to GEO no. 34/2014, the period of returning a Good or giving up a Service expires within 14 days from:
– the day on which the Buyer enters into physical possession of the last Good – if the Buyer orders through a single order multiple products that will be delivered separately
6.6. If the Buyer decides to withdraw from the Contract, he will be able to make a written request to aliveroastery@yahoo.com.
6.7. If the Client / Buyer requests the withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return the eventual gifts that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date of informing the Seller by the Buyer of his decision to withdraw from the Contract. The amount will be returned by bank transfer.
6.8. The Seller will be able to defer the refund until the Goods are sold or until they receive proof that they have been shipped, if he has not offered to recover the Goods himself (the most recent date will be taken).
6.9. If a Good ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Customer / 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 which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.
6.10. The availability of a Good will be displayed on the Site as follows:
“In stock” – we have more than 3 pieces in stock www.aliveroastery.com
“Limited stock” – we have less than 2 pieces in stock www.aliveroastery.com
“Out of stock” – The item is no longer available in stock at www.aliveroastery.com
- CONFIDENTIALITY
7.1. SC Cortina Cafe SRL will keep the confidentiality of the information of any nature that you provide. Disclosure of the information provided may be made only under the conditions mentioned in this Document.
7.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer / Customer regarding the Order / Contract without the prior written consent of the Seller.
7.3. By submitting 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 such materials or information. You also agree that the Seller may freely use, in its own interest, this information, ideas, concepts, know-how or techniques that you have sent us through the Site. SC Cortina Cafe SRL 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
8.1. The Buyer / User / Customer may change at any time the option regarding the agreement given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions, as follows:
8.1.2. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
8.1.3. by contacting the Seller.
8.2. By adding Goods or Services in the Account section:
“My Cart”, the Seller will send to the Buyer / User Commercial Communications regarding:
– when changing the price of the Goods added in the “My Cart” section,
– the existence of the Goods or Services in the “My Cart” section, and
– stock availability of Goods or Services added in the “My Cart” section.
8.3. The Client / User can unsubscribe, at any time, from Commercial Communications by accessing the unsubscribe link displayed in the commercial messages received from SC Cortina Cafe SRL or by contacting SC Cortina Cafe SRL in this regard.
8.4. Also, to improve the offer of Goods and Services and the shopping experience, we will use your data to conduct market research and opinion polls. The information obtained from these market research and opinion polls will not be used for advertising purposes but only in those mentioned above. Your responses to market research and opinion polls will not be associated with your identity and will not be passed on to third parties or published. You can object to the use of data for market research and opinion polls at any time, by accessing the unsubscribe link displayed in the message or by contacting SC Cortina Cafe SRL.
- BILLING – PAYMENT
9.1. The prices of the Goods and Services displayed within the site www.aliveroastery.com include VAT
9.2. 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 delivered Goods, the obligation of the Buyer being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
9.3. For a correct communication of the invoice related to the Order, the Buyer has the obligations to update whenever necessary the data from his Account and to access the information and documents related to each Order, existing in the Account.
9.4. By sending the Order, the Buyer agrees to receive the invoices in electronic format by e-mail, to the e-mail address mentioned in his Account.
9.5. The payment card data of the User / Buyer will not be accessible to SC Cortina Cafe SRL nor will it be stored by SC Cortina Cafe SRL or by the payment processor integrated in the Site, but only by the institution authorizing the Transaction or a another entity authorized to provide card identification data storage services, about whose identity the User / Buyer will be informed, prior to entering the data.
The entity authorized to provide card data storage services is PayPal (Europe) S.à rl et Cie, SCA duly authorized as a credit institution in Luxembourg within the meaning of Article 2 of the Financial Sector Act of 5 April 1993 and is under the supervision of the Luxembourg Authority: Financial Sector Supervisory Commission, headquartered in L-1150 Luxembourg.
9.6 .. In certain cases, in order to maintain the security of the Transactions, when registering the Order, the Buyer will be required to authorize the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.
9.7. For transaction security reasons, the User / Buyer is advised not to remain logged on to the Site and not to set the option of automatic login on mobile devices. Disclosure of the account access password is not permitted and it is recommended to use a strong security password (eg, to contain at least eight characters, including uppercase, lowercase, numbers and special characters).
- DELIVERY OF GOODS
10.1. The delivery conditions of the Goods and Services sold by SC Cortina Cafe SRL can be found in the Delivery of orders section.
10.2. The Seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
10.3. The Seller will deliver the Goods only on the Romanian territory.
- TRANSFER OF GOODS PROPERTY
11.1. Ownership of the Goods will be transferred upon delivery, after payment by the Buyer in 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 fiscal invoice in case of deliveries made by the Seller’s staff) .
- RESPONSIBILITY
12.1. 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 their loss.
12.2. By creating and using the Account, the User / Buyer assumes responsibility for maintaining the confidentiality of Account data (user and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his Account.
12.3. By creating the Account and / or using the Content and / or placing Orders, the Customer / User / Buyer 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 time of account creation. and / or the use of the content and / or the date of placing the Order.
12.4. Seller reserves the right to periodically update and amend the Site Terms and Conditions to reflect any changes to the Site’s terms and conditions of operation or any changes to legal requirements. The document is opposable to Customers / Users / Buyers from the moment of posting on the Site. In the event of any such changes, we will display the amended version of the Document on the Site, for which reason please check the contents of this Document periodically.
- WRITING REVIEWS
13.1. Reviews can be written by Users / Customers / Buyers, in the “Reviews” section. The information entered can be both positive and negative, and will refer to the characteristics and use of a product.
13.2. When registering a certain Review on the Site, Users / Customers / Buyers grant the Seller a non-exclusive, perpetual, irrevocable, unlimited territorial license and give the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.
13.3. Each User / Customer / Buyer, at the time of registering the Review in the mentioned sections, undertakes to respect the following rules:
to make references only to the characteristics and / or the way of using a certain product or service, avoiding information related to aspects that can change (price or promotional offers) or information related to the way the Order is carried out;
to use only the Romanian language. Words or expressions are also allowed which, although not considered Romanian, are widely used in all media related to the respective field;
to use appropriate, non-offensive language, without terms that may offend or affect any other User / Customer / Buyer;
to ensure that the information entered by them is realistic, correct, not misleading and in accordance with applicable law, thus respecting the rights of other parties, copyright, trademark, license or other property rights, publicity or privacy;
to use this facility only to communicate additional details regarding a certain product on the Site without referring to other companies that promote the sale and purchase of products;
not to provide or request, in any way and to any extent, personal data (contact details, information about delivery or home address, telephone numbers, email addresses, name and / or surname, etc.) or any other information that may cause the disclosure of this personal data;
not to enter information and / or details about URLs (links) from other commercial sites that carry out the same commercial activity as the Seller;
not to attempt to defraud the services provided by the Seller or to submit Reviews containing advertising materials;
not to use Review-ull as a means of communication with the Seller, in this sense the contact data of the Seller registered on the Site will be used.
13.4. In addition to a realistic critical evaluation, when submitting a Review, the User / Customer / Buyer will also add a relevant Rating for the related product or service. Reviews, along with their corresponding Ratings, will influence the overall rating of the product or service, the number that appears in parentheses next to their title. Thus, a Review accompanied by a high Rating leads to an increase of the general Rating, and a Review accompanied by a low Rating leads to a decrease of the general Rating.
13.5. When a Review is reported by a User / Customer / Buyer as having inappropriate content, from a strictly subjective perspective, this content is carefully examined by the Seller to determine whether it violates the Site Terms and Conditions. The texts, photos or videos entered are removed from the Site only after their examination by the Seller.
13.6. If the Seller finds a violation of the Terms and Conditions repeatedly, it reserves the right to suspend the ability of the User / Customer / Buyer to submit Reviews in the “Reviews” sections.
For notifications or complaints related to the purchased good, the Buyers have at their disposal the e-mail address aliveroastery@yahoo.com. The maximum term for resolving complaints or notifications is 30 calendar days from their receipt.
- PERSONAL DATA PROCESSING
14.1. Please read the Privacy Policy regarding the processing of personal data, available here
- USE OF COOKIES
15.1. Please read the Cookies Policy, available here
- FORCE MAJEURE
16.1. Neither party will be liable for non-performance of its contractual obligations if such failure to perform on time and / or properly, in whole or in part, is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.
16.2. If within 15 (fifteen) 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 the contract without any of them being able to claim damages from the other.
- APPLICABLE LAW – JURISDICTION
17.1. This contract is subject to Romanian law. Any disputes between Seller and Users / Buyers will be settled amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in Cluj-Napoca.