Terms and conditions

 

  1. DEFINITIONS:

Making a purchase from www.plant-power.eu implies the agreement with the following Terms & Conditions section, which contains main principles for co-operation.

Elements defining co-operation are the following:

The Buyer: any person, firm, company or other legal entity that issues an order and which is a registered user of the site www.plant-power.eu.

The Seller: SC MAGIC PLANT POWER SRL, registered in Bucharest, Romania, Soseaua Stefan cel Mare No. 20, with Fiscal Code no. RO37751368, e-mail: office@plant-power.eu, to be referred to as PLANT-POWER.

Product: any product referred to in a valid order that is to be provided by the seller to the buyer.

Order: An electronic document that comes electronically from the Buyer to the Seller by which the Buyer unequivocally informs the Seller of his intention to purchase specific product(s) from the Seller website, to receive the product(s) at a designated address and to pay the price of the product(s) and the delivery costs. By exception, a phone order will be considered an order. In both situations an order confirmation from the Seller is needed.

Contract: A confirmed order issued by the Buyer.

 

  1. OBJECT:

The “Object” of the present Terms & Conditions section is represented by selling-buying activity between the Seller and the Buyer, based on the valid order placed by the Buyer on Seller’s website and under the conditions set in the Terms & Conditions section.

The selling-buying activity creates contractual rights and obligations for the parties starting from the moment the order placed by the Buyer is accepted by the Seller. Acceptance = Confirmation of the order is to be sent electronically by e-mail to the Buyer.

By processing an Electronic or Phone Order on www.plant-power.eu, the Buyer agrees with the Terms & Conditions of the PLANT-POWER online store.

 

  1. INTELLECTUAL PROPERTY

The entire content of www.plant-power.eu – images, texts, symbols, graphics, scripts, programs and other data – is the property of www.plant-power.eu and its suppliers and is protected by the copyright law and laws on intellectual and industrial property. One may not reproduce, distribute, display, sell, rent, transmit, create works derived from, translate, modify, reverse, disassemble, decompile or otherwise exploit this website or any portion thereof, unless this was allowed in writing by PLANT-POWER. The user has no right to use for commercial purposes any of the information provided in the online store www.plant-power.eu, or otherwise use the website for the benefit of any other business except for the cases authorized by PLANT-POWER.

Use of any of the items listed above without the PLANT-POWER agreement is considered as infringement of intellectual property rights (including patent rights) and will be legally pursued as such.

We reserve the right to refuse supply / delivery, cancel accounts, and / or cancel orders without any limitation if we believe that the client’s behavior violates the legislation in force or is harmful to our interests.

For any copyright claim, please contact us at office@plant-power.eu.

 

  1. PRICES

Prices are expressed in Euro and include VAT. The Buyer has the following payment options: PayPal, card payment, direct bank transfer or cash-on-delivery (latter method limited to delivery to Greece and Cyprus only!). In the case of card payment, the order will be accepted for execution upon confirmation of the booking of a sufficient amount in the Buyer’s bank account.

The prices displayed on the website do not include shipping costs. The shipping costs are made visible to the Buyer during the procedure of ordering (before the order is finalized) for delivery within the European Union or are to be communicated to the Buyer upon request in case delivery is required for other zone.

 

5. CONFIDENTIALITY POLICY

The “Terms & Conditions” section of our site contains updated provisions that comply with EU Directive 2002/58 / EC (the “E-Privacy Directive”) and Regulation (EU) 2016/679  on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC.

In accordance with the requirements of Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (hereinafter referred to as “the GDPR Regulation”) May 25, 2018, PLANT-POWER has the obligation to administer safely and for the specified purposes only, the personal data you provide us by using our site in accordance with the provisions of the GDPR Regulation (for more details on the content of this legal framework, please access the following link).

By providing personal contact information to www.plant-power.eu Buyer / user expressly and unequivocally consents that the provided information (name, address, telephone number, e-mail address, IP) will be stored on the database of SC MAGIC PLANT POWER SRL and be processed and used in the future by the company according to the specified purpose required by the law. The purpose of collecting personal data by SC MAGIC PLANT POWER SRL is to inform the Buyer / user about the situation of the order(s) (status, delivery, refund, replacement) and the account, the submission of offers, promotions, advertising messages and marketing, the production of internal statistics.

HOW LONG will the personal information be stored?

All personal information provided by users / clients will be stored for a period of 10 years.

PLANT-POWER does not keep credit card information, because online payment is made through affiliate platforms: Euplatesc.ro and PayPal.

WHAT are the rights Buyer / User and how can they be exercised?

According to the European Law (above mentioned) the registered user has the following rights:

Right to be informed user can request information about personal data processing activities;

The right to rectificationuser can rectify inaccurate personal data or fill it in;

The right to delete the data (“the right to be forgotten”) user can obtain the deletion of the data without undue delay  if the processing was not legal or in other cases provided by law;

The right to restrict processinguser can request restriction of processing if there is a suspicion on the accuracy of the data, as well as in other cases provided by law;

The right to oppositionuser can oppose in particular data processing that is based on his legitimate interest;

The right to data portabilityuser can receive in certain circumstances, personal information that we have provided in a format that can be read automatically or request that such data can be transmitted to another operator;

The right to complain –  user can complain to the processing of personal data at the National Supervisory Authority for Personal Data Processing;

The right to object –  user shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing;

The right to withdraw consentin cases where processing is based on user consent, user can withdraw consent at any time. Withdrawal of consent will only have effect for the future, and processing prior to the withdrawal will remain valid;

Additional rights related to automated decisions: user can ask for and obtain human intervention with regard to automated individual decision-making (including profiling), can express own point of view and can challenge the decision.

 

  1. DISCLAIMER

PLANT-POWER does not assume responsibility and cannot be held liable of any damage arising from the use in any way of the products purchased through this site. The company’s website www.plant-power.eu and the related materials are used “as is” and “as available” without warranties of any kind.

All information on this site is published for informational purposes and does not replace the advice or prescriptions of a physician or any qualified medical personnel. The Buyer must not use the information on the website to diagnose or treat any health condition or illness or replace the medicines and treatments prescribed by the authorized medical staff. The Buyer is advised to carefully read all the prospectus of the purchased products. If the Buyer has or believes she / he has a medical condition or suffer from a disease, the Buyer should contact the currant physician as a matter of urgency.

The content of the website (texts, product descriptions, images, symbols) was made in close collaboration with the manufacturers / suppliers of the products presented. For this reason, PLANT-POWER assumes no responsibility for the descriptions of the products presented in our store, which are the same as those provided to us by the manufacturers / suppliers of each brand. Images are also shown on the website as an example, as the products actually delivered can differ from images in any way (color, accessories, appearance, etc.)

PLANT-POWER does not provide any warranty either expressly or implicitly with regard to but not limited to the operation of this website, the information, content, materials or products on the website and their suitability for a particular purpose.

PLANT-POWER cannot guarantee the availability in stock of all displayed products. For this reason, PLANT-POWER assumes the right not to honor a certain order if the respective product disappears from the current offer of the manufacturer / supplier. The Buyer will be notified during the average processing time of an order (4 business days) on the unavailability of a product in the stock which may delay delivery time or prevent the order of being honored. The Buyer will receive the money blocked on the card for that order. Any claim regarding product quality, delivery or payment will be brought to the attention of PLANT-POWER within a legal term for solving the problem either identified by the Buyer, or contained in present Terms & Conditions section.

PLANT-POWER reserves the right to delete any content identified on the website and posted by the website users, which PLANT-POWER considers: illegal, obscene, threatening, defamatory, disturbing the privacy of others, in violation of intellectual property rights, containing viruses, texts targeting various promotional campaigns, chain letters, mass mails, or any other form of spam. PLANT-POWER will not be liable and held responsible for any damages this deletion may cause whatsoever.

PLANT-POWER does not warrant that this website, its servers or emails sent on behalf of www.plant-power.eu are free of viruses or other harmful components.

 

  1. RETURN POLICY

According to the present Terms & Conditions section and the Romanian Government Ordinance 130/2000 and 34/2014, transposing into the Romanian legislation the European Directive 2011/83/EU of the European Parliament and of the Council (on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council),  the conditions for return of goods are the following:

  1. Right to withdraw – the Buyer has the right to withdraw from the contract with the Seller without giving any reason and without incurring any penalties within 14 working days after receiving the goods. The withdrawal period shall expire after 14 days from the day on which the Buyer or third party, other than the carrier and indicated by the Buyer, acquires the physical possession of the goods.
  2. Communication of withdrawal decision The decision to withdraw from the contract must be communicated to PLANT-POWER explicitly and unequivocally (see Return Notification Form here)
  3. Return of goods – Products which constitute the object of the Buyer’s withdrawal must be sent to the PLANT-POWERs address with a period of 14 days from the day on which the Buyer has communicated to the Seller his decision to withdraw. Delivery packaging must be the original one or similar to the original, so as to prevent damaging of the products during transportation. Products to be returned must be accompanied by copies of the original documents received by the Buyer with the initial delivery.
  4. Cost of return – The Buyer shall bear the direct cost of returning the goods.
  5. Re-fund / Replacement PLANT-POWER shall re-fund all payments received from the Buyer, without undue delay and in any event not later than 14 days from the day on which it is informed of the Buyer’s decision to withdraw from the contract (see Return Policy here). In case the Buyer prefers replacement of the products instead of re-fund, PLANT-POWER will deliver the new products the soonest possible, but not earlier than the day the returned products are received. PLANT-POWER reserves the right not to accept for return products that have been damaged or unsealed. Opening / unsealing individual packages of the products by the Buyer will be considered by PLANT-POWER as a confirmation of products’ compliance with Buyer’s requirements.

The Return Policy section from the online store which contains the “Return Notification Form” is integrated part of present Terms & Conditions section.

 

  1. APPLICABLE LAW

This Agreement is subject to Romanian law. By agreeing to this Terms & Conditions section, the Buyer fully assumes the consequences arising from the use of the online store under these conditions.

Any dispute caused by products and services marketed on www.plant-power.eu and which is not already dealt with by any disposition in Terms & Conditions section will be settled amicably within 30 business days of the date of written notice issued by Buyer.

If this is not possible, the resolution of the dispute will be sought through the Online Dispute Resolution Service provided by the European Commission official website (here).

In case this alternative dispute resolution method also fails, the dispute will be settled by Romanian competent courts, according to the Romanian law and without prejudice to European legislation.

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