Terms and conditions

The website rumpellgianni.eu is operated by LUXCONSTRUCT CONSTANTINO S.R.L., with its registered office at B-dul Basarabia, No. 256, Bl. 1, Sc. a, Et. 4, Ap. 406, Bucharest, Romania, registered with the Trade Registry under no. J40/15346/202, Tax Identification Code 44857605, Tel. +49 1521 6431538, Email: contact@rumpelgianni.eu

Please read these terms and conditions carefully in order to use this website under the best conditions. The use of this website implies the tacit acceptance of the terms and conditions of use presented below, which represent the agreement (contract) between the parties.

As the author / owner / administrator of the website rumpellgianni.eu, LUXCONSTRUCT CONSTANTINO S.R.L. reserves the right to change and update its content at any time, as well as the Privacy Policy, Terms and Conditions of use, without prior notice. Therefore, please visit this section periodically to check the terms and conditions you have agreed to observe.

1 – PURPOSE

The general terms and conditions of sale (hereinafter TCGV) shall apply to all sales of services by LUXCONSTRUCT CONSTANTINO S.R.L. through rumpellgianni.eu to the Buyer and may be amended only with the express written agreement of both parties.

In these TCGV, the following terms shall mean:

Buyer: the person, company, business or other legal entity that places an Order.

Seller: the company LUXCONSTRUCT CONSTANTINO S.R.L., having its registered office at B-dul Basarabia, No. 256, Bl. 1, Sc. a, Et. 4, Ap. 406, Bucharest, Romania

Goods and Services: any turnkey project or service, including the documents and services mentioned in the Order, to be provided by the Seller to the Buyer.

Order: an electronic document which acts as a form of communication between the Seller and the Buyer by which the Seller agrees to deliver the Services and the Buyer agrees to receive these Services and pay for them.

Intellectual Property Rights (hereinafter IPR): all intangible rights such as know-how, copyright and related rights, database rights, design rights, model rights, patents, registered trademarks and registrations of domain names for any of the above.

Specifications: all specifications and/or descriptions of the services as stated in the Order.

2 – CONTRACTUAL DOCUMENTS

By placing an electronic or telephone order on the website rumpellgianni.eu, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller carries out its operations. The Order will consist of the following documents, in order of priority:

The Order (together with clear mentions regarding delivery and billing details)

The Buyer’s Specifications (where applicable)

TCGV

If the Seller confirms the Order, this implies full acceptance of the terms of the Order. The acceptance of the Order by the Seller is considered completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring an acknowledgement of receipt from the Buyer. At no time does the Seller consider an unconfirmed order as having the value of a Contract.

3 – VALIDITY

This Contract enters into force upon the issuance of the invoice by the Seller. Information about the issuance of the invoice is provided by telephone or electronically (e-mail). The general terms and conditions of sale shall form the basis of the Contract thus concluded, and the offer issued by the Seller or its supplier shall complement these terms.

4 – EXTENSION OF THE SELLER’S OBLIGATIONS

The Seller shall use its professional and technical knowledge to achieve the result stipulated in the Order and shall deliver the Goods and Services that meet the Buyer’s requirements, needs and specifications.

The information presented on the Seller’s websites is for information purposes only and is documented or modified by the Seller according to the presentation sheets/websites of the Producers. Also, for reasons related to space and coherence of information structure, product descriptions may be incomplete, but the Seller makes efforts to present the most relevant information according to the data received from Producers, so that the product can be used within the parameters for which it was purchased.

5 – ASSIGNMENT AND SUBCONTRACTING

The Seller may assign and/or subcontract a third party for services related to fulfilling the Order, informing the Buyer, without the Buyer’s consent being necessary. The Seller shall always be responsible to the Buyer for all contractual obligations.

6 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)

The Buyer understands intellectual property rights and shall not disclose to a third party or make public (on the internet or in the media) any of the information received from the Seller. Likewise, the names of the websites and the graphic symbols are registered trademarks and are the property of the Seller and may not be taken over, copied or used without the written consent of the owner.

7 – CONFIDENTIALITY – PUBLICITY

All plans, documents and information of any kind provided by the Buyer to the Seller, including but not limited to the Order, shall remain the property of the Seller. They may be used only for the execution of the contract. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by the Buyer regarding the Order without the prior written consent of the Seller.

8 – DEADLINES – PENALTIES

If the delivery and/or start deadlines of the Order cannot be observed, the Seller is obliged to inform the Buyer of the estimated completion date of the delivery. The Buyer shall have the right to claim additional damages from the Seller, where permitted by law, in case of total or partial failure by the Seller to perform the Contract in accordance with the agreed deadlines. If the Buyer, through its own fault, delays payment for the services beyond the due date stated on the invoice issued by the Seller, the Buyer is obliged to pay a penalty of 0.5% per day of the amount due. If the Seller receives incorrect information regarding the invoicing or delivery of products, a new fulfilment deadline for the Order will be established, which shall fall within a period of 3 working days. The completion deadline, unless modified by the Seller by notifying the Buyer, is 60 days from the placement of the order.

9 – INVOICING – PAYMENTS

The price, the method of payment and the payment term are specified in the Order. The Seller shall issue an invoice to the Buyer for the delivered Goods and Services, and the Buyer is obliged to provide all information necessary for issuing the invoice in accordance with the applicable legislation.

9.1 Once payment has been made to the Seller, this agreement becomes a contract from a legal point of view, according to Law 365/2002, art. 9.

9.2 The prices displayed on rumpellgianni.eu may be changed without prior notice to users. The prices do not constitute a guaranteed and unlimited offer over time.

9.3 The prices of the packages and services offered are accompanied by technical specifications. If the beneficiary requests other services with different technical specifications, LUXCONSTRUCT CONSTANTINO S.R.L. may or may not offer a different price than the one displayed on the website.

10 – RISKS AND RESPONSIBILITIES

Delivery of services

The Seller undertakes to provide the Goods and Services within the deadlines stipulated in the collaboration contract agreed by the parties.

11 – ACCEPTANCE

Acceptance shall be deemed to occur when the Goods and Services comply with the technical characteristics mentioned in the Order. If the Buyer finds that the delivered Products or provided Services do not comply with the technical specifications, then the Seller shall bring the Products and Services into conformity within a maximum period equal to the execution term of the Order, without charging the Buyer for any costs related to these operations. The Seller shall also comply with the provisions of Law 51/2003 approving Government Ordinance no. 130/2000 regarding the legal regime of distance contracts, which grants the Buyer (only under the conditions of the aforementioned legal act) the right to unilaterally terminate the Contract within 10 days, and to receive within 30 days from the unilateral termination in writing (document signed by the Buyer and sent electronically or by post with confirmation of receipt) the Contract price, subject to the return of the Goods and Services. The Seller has the right, when it considers that the Buyer has acted in bad faith, to claim damages from the Buyer, in accordance with the law.

12 – WARRANTIES

In addition to any other warranties provided by applicable laws and detailed in the Warranty Certificate issued by the Seller or by a supplier of the Seller, these guarantee the Buyer against any non-conformity that may affect all or part of the Goods and Services, except for normal wear and tear, for a period of 24 months from the date of issuance of the sales invoice.

13 – TRANSFER OF OWNERSHIP

Ownership of the Goods and Services will be transferred electronically at the time of payment by the Buyer, to the email addresses provided by the Buyer.

14 – COMPLIANCE WITH LAWS AND STANDARDS

The Seller shall comply with all applicable laws, regulations and ordinances in the performance of its contractual obligations, including but not limited to the provision or delivery of the Goods and Services.

15 – LIABILITY

The Seller shall not be liable for any damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order and for damages resulting from the use of the Goods and Services after their delivery.

The Seller shall be liable if its subcontractors and/or any kind of partners involved in the execution of the Order fail to perform any of their contractual obligations.

16 – DERISORY PRICE

The Seller makes every effort to provide correct information about the price and characteristics of products. Some prices may, however, be incorrect. In the case of registering an order with a derisory price, the Seller has the right to cancel the Buyer’s order.

17 – BREACH – TERMINATION

If the Seller does not fulfil its obligations, including during the warranty period, the Buyer shall notify the Seller of such non-fulfilment. An action plan shall be agreed between the Parties within 30 days of notification. The Buyer may cancel an Order by e-mail before it has been delivered. Otherwise, the order will be subject to the return policy for goods, as stated on the Seller’s websites.

18 – FORCE MAJEURE

Neither party shall be liable for failure to perform its contractual obligations if such failure is due to a force majeure event. Force majeure is an unforeseeable event, beyond the control of the parties, which cannot be avoided.

19 – DATA CONFIDENTIALITY

Please read the Privacy Policy regarding the processing of personal data, which is part of this Document.

20 – USE OF COOKIES

Please see the Cookie Policy, which is part of this Document.

21 – APPLICABLE LAW – JURISDICTION

This contract is governed by Romanian law. Any disputes arising from the interpretation and execution of this contract shall be settled amicably, and if no agreement is reached in this way, the competent courts at the Seller’s registered office shall have jurisdiction.

22 – MISCELLANEOUS

If one or more provisions of these TCGV conflict with any applicable legal requirement, such provisions shall not be applied and the Parties shall endeavour to agree on new provisions that respect the spirit of the original ones. The parties to the contract shall be regarded as independent contractors, and neither party is granted the right or authority to assume or create any obligation on behalf of or against the other. The terms and conditions of this contract replace any prior written or verbal understandings between the Parties relating to the subject of this Contract and may not be modified or amended except by written agreement signed by both parties.