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.

  1. CONFIDENTIALITY POLICY

According to the requirements of Romanian Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, amended and supplemented with Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, above-mentioned laws implementing European Directive 95/46/EC (“Data Protection” Directive) and European Directive 2000/31/EC (“E-Commerce” Directive) S.C. MAGIC PLANT POWER SRL, based in Romania, Bucharest, Soseaua Stefan cel Mare No. 20, ap. 1,  Trade Registry No: J40 / 964 / 2017, Romanian Fiscal Code No: RO37751368, has the obligation to manage safely and only for the specified purposes, the personal data that the Buyers / user provide the company with.

Data protection and confidentiality obligation apply for contractual relations with US-based users / partners under the EU-US Privacy Shield Agreement.

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 account or the orders, the submission of offers, promotions, advertising messages and marketing, the production of internal statistics.

According to the European Law (above mentioned) and Romanian law no. 677/2001, the registered user has the following rights: the right to information; the right to access its personal information; the right to modify personal information; the right to opposition; the right not to be subject to an individual decision; the right to address the courts. The Buyer / user  has the right to oppose the processing of personal data if it is inaccurate and / or request the deletion of the data.

  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-POWER’s 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 / ReplacementPLANT-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.