Terms and conditions
1. Preamble
1.1 Our Garden online store
1.2 Buyer
1.3 General Terms and Conditions
1.4 Definitions
2. Offer of Goods, Order, conclusion of the Sale-Purchase Agreement, delivery methods, payment methods
2.1 Offer of Goods
2.2 Order
2.3 Conclusion of the Sale-Purchase Agreement
2.4 Delivery Methods
2.5 Payment
2.6 Rights and obligations based on the Sale-Purchase Agreement
2.7 Discount coupons and vouchers
3. Delivery of Goods
3.1 Delivery term
3.2 Shipping, delivery and receipt of goods
4. Withdrawal from the Sale-Purchase Agreement
4.1 Withdrawal of the Buyer from the Sale-Purchase Agreement
4.2 Withdrawal of the Seller from the Sale-Purchase Agreement
5. Warranty against defects. Guarantee for good operation
6. Final provisions
1. Preamble
1.1 Our Garden online store
1.1.1. The website https://gradina-noastra.ro/ is managed by BALKAN PARTNER SRL, as a seller, with registered office in: ILFOV, PETRESTI VILLAGE, COM. CORBEANCA, STRADA GHIOCEILOR 8A, registered at the Trade Register with identification number J23/1031/2022, unique registration code (CUI) 32281303.
1.1.2. This document establishes the terms and conditions of use of the website and the conditions of purchase of the products sold through this website (hereinafter referred to as "Terms and Conditions"). These Terms and Conditions include the rights and obligations of the parties arising from or in connection with the sale-purchase agreement (hereinafter referred to as the "Sale-purchase Agreement") concluded between the Seller and an individual buyer through the Seller's website.
1.2 Buyer
1.2.1. Buyer Consumer - any natural or legal person, by registering an online order on this website, acts for purposes other than those specific to his commercial or professional activity, having, according to the law, the quality of consumer (hereinafter referred to as the "Buyer".)
1.2.2. The legal relations between the Seller and the Buyer that are not expressly stipulated in these Terms and Conditions are governed by the provisions in force of art. 1650 and the following from Law no. 287/2009 on the Civil Code, with subsequent amendments and additions, Government Ordinance no. .21/1992 on consumer protection and related legislation, with subsequent amendments and additions.
1.2.3. The professional buyer - any natural or legal person, as well as any other entity that, by registering an online order on this website, acts for the specific purposes of its commercial or professional activity, not having, according to the law, the quality of a consumer (hereinafter referred to as "Professional Buyer" ").
1.3 General Terms and Conditions
1.3.1. These Terms and Conditions are an integral part of the Sales-Purchase Agreement concluded between the Buyer and the Seller and include the mutual rights and obligations of the parties (as defined below).
1.3.2. By concluding the Sale-Purchase Agreement, the Buyer agrees and agrees with these Terms and Conditions, in their entirety.
1.3.3. With the exception of the contrary provisions contained in the Sale-Purchase Agreement or in its annexes, or of certain provisions contained in these Terms and Conditions expressly invalidated or modified by the Sale-Purchase Agreement, or with the exception of any other agreement to the contrary between the Seller and the Buyer , these Terms and Conditions will apply to any contractual relationship between the contracting parties.
1.3.4. These Terms and Conditions are not applicable to transactions in which the Professional Buyer intends to purchase goods from the Seller. This type of transaction is governed by the general legal regulations regarding sales-purchase contracts.
1.3.5. By accessing and using the website https://gradina-noastra.ro/, the Buyer confirms that he is of age or that he has received the permission of his parents and that he has the legal capacity to conclude a contract and subsequently place an order on the Website .
1.4 Definitions
1.4.1 The sale-purchase agreement represents an electronically concluded agreement between the Seller, as the Seller, and the Buyer, through the Seller's Online Store (as defined below).
1.4.2 These Terms and Conditions are an integral part of the Sale-Purchase Agreement.
1.4.3 Online Store - online system operated through the Internet, which allows the Seller and the Buyer to conclude the Sale-Purchase Contract through remote communication. The Online Store is operated on a website located at https://gradina-noastra.ro/.
1.4.4 Goods - movable goods, or as the case may be, sold through the Online Store.
1.4.5 Order - the request sent by the Buyer, by going through the necessary technical steps, in order to purchase Products and/or Services sold online, under the conditions provided by the Terms and Conditions.
1.4.6 Campaign - the act of exhibiting for commercial purposes, in electronic format, TV, within the Gradina Noastra Store or through the Website, a finite number of products with a limited and predefined stock, for a limited period of time established by BALKAN PARTNER SRL
1.4.7 Gradina Noastra Showroom - the space (place) where buyers can view and buy the products ordered through the Gradina Noastra online store.
2. Offer of Goods, Order, conclusion of the Sale-Purchase Agreement, delivery methods, payment methods
2.1 Offer of Goods
2.1.1. The Goods Offer means an offer of selected goods, offered through a catalog available in the Online Store. The offer of goods is not an offer by which a contract is concluded, as defined in art. 1188 para. 1 of the Civil Code. The offer of Goods is for informational purposes only and the Seller is under no obligation to conclude a Sale-Purchase Agreement regarding the respective goods.
2.1.2. The seller takes all measures so that the information published on the Website, including the description of the Products and Services, as well as the listed prices, are, at all times, correct and complete. However, mistakes can also be made. In such situations, Gradina Noastra will try to remove all errors as soon as possible. If Gradina Noastra finds that the respective error has affected/influenced your Order or the valid Contract concluded, it will try to inform you as soon as possible, offering you both the possibility of reconfirming the Order/Contract, as well as the possibility of canceling it/ this one.
2.1.3. Please keep in mind that purchasing products on the Website offers a different experience than in stores. In particular, you should know that:
! the colors of the Goods, as presented on the Website, may be different in reality, because they depend on several factors, including, but not limited to, your monitor settings;
! the dimensions and shape of the Goods may be different in reality from the way they appear on the Website, therefore, please bear in mind that it is your responsibility to check that the real size of each Product corresponds to the purpose for which you purchased the respective Good;
! the photos and images on the Website have only an illustrative/orientative role. For an exact description of the Good and the details included, you must carefully read the corresponding description of the Good.
2.1.4. The goods will be delivered only to the extent that they are available, thus there is a risk that Gradina Noastra will not be able to deliver the Order. Also, Gradina Noastra reserves the right to withdraw any Good from sale, at any time. In such situations, Gradina Noastra's only responsibility towards you is the full reimbursement of the amounts paid for the respective Goods that it can no longer supply/has withdrawn from sale;
2.1.5. Our Garden makes every effort to deliver the Goods in no more than 10 working days after confirming the order. We mention that all the information regarding the delivery provided by Gradina Noastra (on the website, by phone or by email) is only an estimate and, therefore, may vary from case to case. Please consult Section 3 - Delivery of Goods for more information on delivery;
2.1.6. Gradina Noastra reserves the right to freely adjust the prices and special offers in compliance with the legal provisions.
2.1.7. The seller reserves the right to make any changes to the content of the Online Store, including prices. Offers (including discounts, promotional sales and promotional leaflets) are applicable within the limit of available stock or for a certain period of time. The prices are applicable at the time of placing the Order.
2.1.8. All prices of Goods and services (e.g. delivery) are stipulated with VAT included, with the exception of the express mentions that the prices do not include VAT.
2.1.9. Errors regarding displayed prices. Gradina Noastra will make every effort to ensure that the prices on the website are correct. However, errors may also occur. If Gradina Noastra discovers an error related to the price of a Product and/or Service already ordered by the Buyer, he will be informed as soon as possible about the error produced. In these situations, the Buyer will have the option either to reconfirm the Order at the correct price, or to cancel the Order. If the Buyer cannot be contacted, within a reasonable time, using the contact details he provided during the ordering process, Gradina Noastra will consider the Order canceled and the Buyer will be notified of this by email.
2.2 Order
2.2.1. The buyer can place an Order using the form available in the Online Store.
2.2.2. To place an Order, the Buyer first agrees with the Goods he intends to buy, the shipping method (according to the Terms and Conditions) and the payment method (according to the Terms and Conditions). Next, the Buyer agrees to the order and, by doing so, issues an irrevocable request to conclude a sale-purchase Agreement with the Seller.
2.2.3. By registering an Order on the Website, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller carries out its commercial operations.
2.2.4. The notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. Confirmation is done by phone.
2.2.5. Gradina Noastra reserves the right to cancel Orders regarding Goods and/or Services displayed on the Website as a result of technical errors or which, due to technical errors, present obviously erroneous/ridiculous prices, with the consequence of refunding the entire amount paid by the Buyer in consideration of canceled orders, if applicable.
2.2.6. Once registered, the Order cannot be modified by the Buyer. If you want to change/cancel, you can contact us by email ( office@gradina-noastra.ro or comenzi@gradina-noastra.ro ) or at the phone numbers displayed on the website ( 0723769147 or 0736930365 ).
2.3 Conclusion of the Sale-Purchase Agreement
2.3.1. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If he changes the quantity of Goods and Services in the Order, the Seller will notify the Buyer at the e-mail address provided or at the telephone number provided to the Seller at the time of placing the Order. If the Buyer does not agree with the new Order, he can modify/cancel it, and the Seller will return the amount paid by the Buyer within a maximum of 14 calendar days from the confirmation of the modification/cancellation of the order. For card payment, if the value of the modified order is greater than the value of the initial order, the Buyer will have to initiate a new payment for the difference between the initial payment and the final value of the transaction.
2.3.2. The Seller undertakes to accept the Buyer's Order, with the exception of the situation in which the said order contravenes these Terms and Conditions or the situation in which the Seller has a specific reason to consider that the Buyer will violate the Sale-Purchase Agreement.
2.3.3. The sale-purchase contract between the Seller and the Buyer is considered concluded at the time of dispatch of the Order (hereinafter referred to as "Acceptance").
2.3.4. Any expenses incurred by the Buyer in connection with the conclusion of the Sale-Purchase Agreement through means of remote communication (eg: internet connection or phone calls) will be borne by the Buyer.
2.3.5. Please keep in mind that you can place a valid Order on the website only if you are over 18 years old and you want the Goods and/or Services to be delivered/provided on the territory of Romania. A valid/active email address and a valid phone number where you can be contacted easily are required.
2.4 Delivery Methods
2.4.1. With the exception of the contrary provisions contained in the Sales-Purchase Agreement, the Buyer decides the method of delivery of his Order.
2.4.2. The buyer can opt for pick-up in one of the Gradina Noastra showrooms or delivery by courier/carrier exchange/transport offered by Gradina Noastra to an address mentioned by him. If the Buyer requests a different delivery method, the Buyer will bear all the risks related to the respective delivery method, including all additional costs generated by the use of the chosen delivery method.
2.4.3. The goods are shipped when they are sent to the Buyer's address or to one of the Gradina Noastra showrooms, as specified by the Buyer in the Order.
2.4.4. Our garden only delivers on the territory of Romania.
2.5 Payment
2.5.1. The prices displayed on the website are expressed in LEI and include all applicable taxes.
2.5.2. VAT is applied to the legal value from the date of the order and is included in the prices of the Goods and/or services.
2.5.3. The prices of the products displayed on the website exclude delivery costs and the costs of other optional services.
2.5.4. The seller offers the following payment methods: cash on delivery, payment by card and electronic transfer.
2.5.5. COD means that an Order is paid when it is delivered to the Buyer by an authorized carrier or when the Order is picked up by the Buyer from the selected Gradina Noastra showroom. This form of payment is only available for the following delivery methods: "shipment of ordered goods via a carrier" and "pickup from Gradina Noastra showrooms".
2.5.6. Electronic transfer means that the purchase price, including possible delivery costs or other costs of other optional services you have selected (hereinafter referred to as "Transaction Price") must be paid into the Seller's bank account, before the Goods are shipped. In order to process the Order as quickly as possible, the Seller recommends mentioning the number assigned to the Order and communicated to the Buyer at the time of completing the Order, as a reference code. In the case of payment by electronic transfer, the transaction price is considered paid when the amount related to the Order has been credited to the Seller's bank account.
2.5.7. Payment by card means that at the time of completing the Order, the Buyer will be redirected to a third party payment server, where he will complete the payment information. The information will be verified, the Order confirmed and the purchase price will be withdrawn from the Buyer's bank account.
2.5.8. Payment through the PayPal system means that at the time of completing the Order, the Buyer will be redirected to a third party payment server, where he will complete the payment information. The information will be verified, the Order confirmed and the purchase price will be withdrawn from the indicated account of the Buyer.
2.6. Rights and obligations based on the Sales-Purchase Agreement
2.6.1. The Seller has the obligation to deliver the ordered Goods to the Buyer at the agreed purchase price and the Buyer has the obligation to pay the transaction price and receive the Goods.
2.6.2. If the Buyer violates the Sale-Purchase Agreement or the Terms and Conditions, the Seller reserves the right to withdraw from the Sale-Purchase Agreement. The Buyer is, in this case, obliged to return to the Seller any costs incurred in connection with the Order, including, but not limited to, delivery costs, in case the Buyer does not receive the Goods.
2.6.3. The buyer is obliged to provide true and correct information in the Order. The Seller will consider all the data provided by the Buyer, which are necessary for the conclusion of the Sale-Purchase Agreement, to be true and correct.
2.6.4. The Seller has no obligation towards the Buyer in relation to any Code of Conduct in the sense of Art. 8 para. 1 lit. e) from Law no. 365/2002 on electronic commerce.
2.6.5. For the amicable resolution of consumer complaints, the Buyer will contact: office@gradina-noastra.ro . The Seller will inform the Buyer about the result of the complaint procedure, by electronic means, to the e-mail address communicated by the Buyer.
2.6.6. The seller holds a Certificate of Registration at the Bucharest Trade Registry and his activity includes the sale of goods. The National Authority for the Supervision of Personal Data Processing is the supervisory body for the protection of personal data. The National Authority for Consumer Protection is, according to the law, the supervisory body regarding, among other things, compliance with Government Ordinance no. 21/1992 on consumer protection, with subsequent amendments.
2.6.7. Through this document, the Buyer assumes the risk regarding the change of circumstances within the meaning of Art. 1271, para. 3 lit. C of the Civil Code.
2.7 Discount coupons and vouchers
2.7.1 The seller offers various types of discounts; discounts are also granted in the form of discount coupons or vouchers that include, most frequently, discount codes.
2.7.2 Discount codes cannot be used repeatedly, except in cases where the respective coupon or voucher expressly states otherwise.
2.7.3 Discount coupons and vouchers cannot be combined or used together, unless the respective coupon or voucher expressly states otherwise.
2.7.4 If the discount or discount coupon is used other than in accordance with the rules of the discount offer, coupon or voucher, the Seller has the right to refuse the respective discount, discount coupon or voucher. The buyer will be informed accordingly and will be given the opportunity to place the Order without the requested discount. In case of misunderstandings/unclarities regarding the interpretation of the rules applicable to discounts or discount coupons, the mentions of these Terms and Conditions will prevail.
2.7.5 If you place an Order for several products, one of which is not available, Gradina Noastra will inform you accordingly. The rest of the Order will be processed and shipped according to the customer's request.
3. Delivery of Goods
3.1 Delivery term
3.1.1. The delivery time runs from the moment when the ordered Goods are shipped from the Seller's warehouses and cannot be longer than 10 working days from the date of Acceptance of the Order, except for situations where the products are brought to order, in which case the delivery term is announced punctually, remaining the customer's option whether or not to maintain the order and accept the delivery term.
3.1.2. The seller undertakes to ship the goods in the shortest possible time.
3.2 Shipping, delivery and receipt of goods
3.2.1. The buyer obtains ownership of the purchased Goods upon receipt of the respective Goods. At that time, the risk of loss or damage is also transferred to the Buyer.
3.2.2. If you chose cash on delivery, the ownership of the Products will be transferred upon delivery, after payment by the Buyer, to the address indicated in the Order (by delivery is understood the signature of receipt of the transport document provided by the carrier).
3.2.3. Upon delivery of the goods, the document confirming the proper execution of the delivery must be signed by the Buyer. This will not affect in any way the legal right of the Buyer to subsequently notify Gradina Nostra if it finds a defect or any other lack of conformity of the Goods. The refusal to sign the delivery document represents the refusal to accept the Goods.
3.2.4. Before receiving the Goods from the carrier, the Buyer has the obligation to check whether the packaging is intact and to immediately notify the carrier of any defects.
3.2.5. If the packaging is not intact, the Seller recommends the Buyer to refuse the receipt of the Goods from the carrier and to send an information email to the Seller to the email address office@gradina-noastra.ro . By signing the receipt, the Buyer confirms that the packaging of the Goods is intact.
3.2.6. Any complaints regarding the mechanical defects of the Goods, the delivery of goods other than those ordered, etc., which were not reported upon receipt of the goods from the carrier, will be reported by the Buyer immediately after their identification, but no later than 24 hours after receipt. Goods. The Seller will not be held responsible for the damage caused to the Goods during the transport carried out by third parties, but only in the situation where the Seller carries out the transport of the goods with his own cars.
3.2.7. In the event that, for reasons attributable to the Buyer (such as, but not limited to: refusal to receive the goods, absence from the communicated delivery address, refusal to pay the value of the goods), the Goods must be delivered repeatedly or through a delivery method different from the one initially requested by the Order, the Buyer has the obligation to bear all the costs caused by repeated deliveries.
3.2.8. The Seller can forward any communication addressed to the Buyer by electronic means, to the Buyer's e-mail address, made available through the customer account created or through the Order.
4. Withdrawal from the Sale-Purchase Agreement
4.1 Withdrawal of the Buyer from the Sale-Purchase Agreement
4.1.1. If the sale-purchase contract was concluded by means of remote communication (through the Online Store), the Buyer does not have the right, in accordance with art. 16 para. 4 of the Government's Emergency Ordinance no. 34/2014, to withdraw from the Sales-Purchase Agreement and to return products already accepted upon receipt of the order.
4.1.2. For the purchases made and the orders that were picked up through the Gradina Noastra showrooms where it is possible to view the products, the seller reserves the right not to accept the return of the products because they fall under the legal provisions regarding perishable products.
4.1.3. We accept the return of the following products: fertilizers and fertilizers, garden tools and lawn seeds.
4.1.4. If the Buyer withdraws from the Sale-Purchase Agreement, within the legal term of 14 days for the items listed in point 4.1.5. and the returned Goods are not complete, have broken protective seals or are obviously used or damaged, the Seller may request compensation and determine and retain the amount of compensation from the purported purchase price to be reimbursed to the Buyer. In this case, the Seller will return to the Buyer only the difference between the compensation and the purchase price.
4.1.6. In the case of the Buyer's withdrawal from the Sale-Purchase Agreement, the Seller is obliged, without unnecessary delays and within a maximum of 14 working days from the date on which he is informed of the withdrawal decision, to return to the Buyer the transaction price paid for the Goods, following the same channel by which the transaction price was paid.
4.1.7. In the event that the transaction price includes services that were used by the Buyer (eg: gift card, gift voucher), the transaction price will be adjusted accordingly, the value of the services used being retained by the Seller.
4.1.8. If the Buyer withdraws from the Sale-Purchase Agreement, the Seller will postpone the reimbursement of the transaction price until the date of receipt of the Goods that were the object of the purchase or upon receipt of proof from the Buyer that he has shipped the Goods to the Seller.
4.1.9. In order to withdraw from the Sales-Purchase Agreement, the Buyer will send the information to the e-mail address office@gradina-noastra.ro .
4.1.10. If the Buyer pays for an Order with a voucher, the discount (equal to the value of the voucher) is divided between the products in the order, directly proportional to the value of each one. In case of the return of such an order, it will be possible to reuse the resulting balance as a result of the cancellation, the balance will not be refunded.
4.2 Withdrawal of the Seller from the Sale-Purchase Agreement
4.2.1. Despite the fact that the Seller is very careful regarding the market of the Goods offered, it may happen, exceptionally, that the Seller cannot deliver the Goods ordered under the conditions agreed upon in the Sales-Purchase Agreement. In these situations, the Seller reserves the right to withdraw from the Sale-Purchase Agreement.
4.2.2. Both the Seller and the Buyer have the right to withdraw from the Sale-Purchase Agreement in the event of significant changes in the wholesale prices of the ordered Goods, in the event of significant changes in the shipping prices or in the event that the Seller becomes aware of the fact that The goods were, by mistake, offered at the wrong price, and the Buyer does not accept the corresponding changes made to the Sales-Purchase Agreement, i.e. an increase in the prices of the goods or an increase in the delivery prices.
4.2.3. The Seller has the right to withdraw from the Sales-Purchase Agreement at any time before the Goods are delivered to the Buyer.
4.2.4. The Seller is obliged to immediately notify the Buyer of his withdrawal from the Sales-Purchase Contract at the e-mail or telephone address, information provided by the Buyer through the Order. The Seller is still obliged to return to the Buyer the transaction price paid for the Goods.
4.2.5. Through these Terms and Conditions, the Buyer acknowledges and agrees that the Seller has the right to withdraw from the Sales-Purchase Agreement concluded with a Buyer who, during other contractual relations with the Seller, has already materially violated his obligations that they belonged to him (repeated refusal to take over the Order). The material breach of any previous agreements with the Seller is considered a significant breach within the meaning of Art. 1551 para. 1 of the Civil Code and the Seller has the right to withdraw from the Sales-Purchase Agreement as a result of such a violation.
5. Warranty against defects. The guarantee for good operation
5.1. The rights and obligations of the contracting parties in relation to the guarantee against defects of the goods sold and the guarantee for proper operation (hereinafter referred to as the "Guarantees") are governed by the applicable legislation in force.
5.2. The Buyer can exercise the right arising from the delivery of defective consumer goods within the deadline of 24 hours from the delivery of the Goods. If the Goods, their packaging or the included manual stipulate an average duration of use of the Goods, the term will be reduced to this duration.
5.3. The Seller warrants to the Buyer that, upon delivery, the Goods are free from defects. The Seller, in particular, warrants that, upon delivery, the Goods:
¬ have the properties on which the parties have agreed, and, if there is no such consensus, the properties that the Seller or the manufacturer has declared or that the Buyer expects with respect to the respective type of goods and promotion by Seller or manufacturer related to the respective goods,
¬ are suitable for the purposes communicated by the Seller or the purposes for which the respective type of goods is usually used,
¬ correspond in terms of the quality or shape of the related sample, if the sample was the basis of the decision on the quality of the goods,
¬ are in quantity, have the appropriate measure and weight and
¬ respect the applicable regulations.
5.4. However, this warranty does not cover problems caused by normal wear and tear, neglect, damage or misuse of the product by you.
5.5. The Buyer shall confirm the rights arising from the Warranties with the Seller at the address designated by the Seller for this purpose, or, if necessary, at the registered office of the Seller. The complaints procedure regarding defective Goods is initiated when the goods have been delivered to the Seller.
5.6. In order to confirm the rights deriving from the Guarantees, the Buyer is obliged to prove the existence of a Purchase Agreement between the Buyer and the Seller. The Seller may require the Buyer to provide proof of the printed Order Confirmation and proof of payment.
5.7. The buyer has the obligation to specify, i.e. to provide a description of the defect for which the complaint procedure has been initiated.
5.8. The Buyer has no rights in relation to the Warranties, if the Buyer knew, before delivery of the Goods, that the goods were defective, or if the Buyer caused them to be defective.
5.9. The seller or his authorized representative will resolve the complaint within no more than 10 working days. The time reasonably necessary to assess the defect is not included in these terms. The Seller will complete the complaints procedure, including, if possible, remove the defect, within 30 calendar days from the date on which the Buyer informed the Seller of the non-conformity of the product and handed over the product to the Seller based on a handover document - takeover.
5.10. Unless the Seller invalidates the complaint, the Seller will confirm its acceptance to the Buyer; the confirmation will include, among other things, the identification data of the Buyer and the Seller, the content of the complaint, the requested remedy, the date and place of receipt of the complaint and the signature of the Seller's representative.
5.11. If the complaint is justified, the Buyer is entitled to the reimbursement of the costs incurred in connection with the initiated complaint procedure.
5.12. The Seller is obliged to inform the Buyer about the completion and result of the complaint procedure, by electronic means, to the e-mail address provided by the Buyer in the complaint or to any other address where the Buyer can be informed about the completion and the outcome of the complaints procedure. This notice will include the deadline for the Buyer to collect the Goods.
5.13. If the Buyer does not collect the Goods within this deadline, the Seller is entitled to reimbursement of any expenses incurred in relation to the storage of the Goods, and may, if necessary, sell the Goods on behalf of the Buyer. The Buyer will be notified in advance and given an additional period sufficient to collect the Goods.
5.14. The buyer is responsible for packing the items shipped so that there is no risk of damage during shipping.
5.15. It is important to take into account that by their nature, ornamental plants may have small imperfections (small scratches, small damage to branches or leaves). These are not considered to be manufacturing defects and, in these cases, the warranty conditions cannot be invoked.
6. Final provisions
6.1. The language of communication between the Seller and the Buyer and the language of the Sale-Purchase Agreement is Romanian. All concluded sales-purchase contracts are archived electronically by the Seller and are not available to third parties.
6.2. If any provision of the Terms and Conditions becomes, for any reason, void or unenforceable, the rest of the Terms and Conditions will remain unaffected.
6.3. The Seller may change or modify the Terms and Conditions. The modified Terms and Conditions will enter into force from the date of their publication. The previous rights and obligations of both the Seller and the Buyer will remain unaffected.
6.4. In the event of the introduction of an international element in the transaction based on the Sale-Purchase Agreement, the contracting parties agree that the relationship between them shall be governed by Romanian legislation. The rights of the consumer deriving from the generally applicable legislation will remain the same.
6.5. The Seller will not be held responsible for any loss, injury or material damage, direct or indirect, caused by any defect in the Goods delivered, except in the case where the said loss, injury or material damage derives from the negligence, omission or intent of the Seller.