Terms and conditions

Terms and conditions

use and shopping

Introduction 1

1. General Provisions 3

2. Definitions 3

3. Data about the seller 4

4. Conclusion of the contract and presumptions 4

5. Terms of use of our website 4

6. Pay attention to updates 5

7. Order online 6

8. Conditions regarding price and payment 6

9. Delivery of the order 6

10. The right of revocation of the client 7

11. Replacement of the product of appropriate quality 10

12. Remedies of the customer in case of non-conformity of the product 10

13. Termination of the contract by the seller 12

14. Seller's liability 12

15. Displaying products on the web page 12

16. Warranty 12

17. Applicable law. Litigation. 13

18. Supervisory authority in the field. Virtual consumer information panel 13

19. Textual form 14

Annex number 1 15

General dispositions
The terms and conditions of use and purchase of our website www.mocans.com (hereinafter: T&C) are drawn up in accordance with the regulations in force and apply to all consumer users.
These T&C establish the conditions of use of the site www.mocans.com, of placing orders, the general terms and conditions of the contract as well as other rights and obligations of the customer who accesses and places an order through the site www.mocans.com and which concludes a contract with “MERINO PARTNERS” SRL

hereinafter referred to as the seller.
By using the site and registering the order, the customer accepts these T&C.

Definitions
- any natural person who intends to order or procure or who orders, procures or uses products for needs unrelated to the entrepreneurial or professional activity on the website;
- consumer who concludes a contract with the seller;
distance contract - any contract negotiated and concluded between the professional and the consumer within an organized sales system, without the simultaneous physical presence of the professional and the consumer, with the exclusive use of one or more means of distance communication, up to and in the time at which the contract is concluded, including any order placed by the consumer which produces binding effects on him;

commercial communication (newsletter) - any form of communication intended to promote, directly or indirectly, the goods, services or image of an enterprise, organization or person carrying out a commercial, industrial, craft activity or exercising one of the regulated professions.

seller - “MERINO PARTNERS” SRL, legal person of Romanian nationality, having its registered office in Husi, str. 1 Decembrie, No. 47, having serial number in the Trade Register J37 / 373/2019, unique fiscal registration code RO 40918874.

warranty period - time period, established by Law no. 105 of 13.03.2003 on the protection of consumer rights that run from the date of delivery of the product and in which the seller undertakes to the consumer, without requesting additional costs, to refund the price paid, to replace, repair or maintain the purchased product, or deal with the products in any way if they do not meet the conditions set out in the warranty statements or related advertising;

web page or site - www.mocans.com

- any person who visits the site;
Data about the seller
Operator and owner of the page

Data about the seller
The operator and owner of the website is the seller as indicated in point 2 of these T&C.
The seller can be contacted at the following email [email protected] or at the telephone number +40 740 814 814
The address of the shop of the seller Husi, str. 1 Decembrie, Nr 47.
The seller acts without intermediaries.
Conclusion of the contract and presumptions
An order may be placed in one of the seller's shops indicated in point 3.3 of these T&C or by a distance contract.
It is assumed that the products ordered by the customer are intended for normal private use and not for professional use.
An order gives rise to a distance contract only if the following conditions are cumulatively met:
an order is placed on the web page following the displayed steps;
the customer paid the price and, where applicable, the cost of delivery;
the seller confirmed the acceptance of the order by sending a message to the customer's e-mail.
Terms of use of our website
Users are required to:
use the website for the purposes for which it was created, namely the distance marketing, and not only of the products;
use civilized language;
use e-mail address, real phone number that belong to them to create and use an account on the website;
The user who will use an e-mail address that does not belong to him or that does not exist or will send electronic messages or any other communication on behalf of another person assumes all responsibility for these actions which will be reported to the competent authorities. The seller assumes no liability for the actions referred to in the first statement and reserves the right to bring an action for damages.
It is forbidden on our website:
modifying or disabling any security functionality of the site or functionality that prohibits or restricts the use or copying of the content to which it provides access;
registration using false contact information or that of a person other than the user;
assuming the identity of a third party without their authorization or falsely claiming to be the representative of a third party;
posting unwanted messages of any kind ("spam", "advertising", or other messages sent in bulk, etc.);
committing an illegal act;
altering, interrupting or hacking the website;
attacking the web page by introducing viruses, trojans, worms, logic bombs, etc. or by taking any other action harmful to the site, any user's material or the quality of use of the site;
collecting any data from the web page as opposed to T&C and the privacy policy;
posting, sending, transmitting any message with offensive, threatening, obscene, deceptive or offensive content;
posting or offering any content without the permission of the seller and the owner of such content or in violation of any copyright, trademark or other object of intellectual property or rights of third parties;
posting any information / comments about a third party person of a private, confidential or defamatory nature that could infringe the rights of the person's personality in the eyes of any reader of said comment; Rights of the personality are taken into account the rights provided and protected by art. 43 of the Civil Code (right to life, health, physical and mental integrity, free speech, name, honor, dignity and professional reputation, self-image, respect for privacy, family and private life, data protection with personal character, respect for his memory and body after death, as well as other such rights recognized by law);
If these T&C, in particular those provided for in point 5.1-5.3 are violated, the seller reserves the right to temporarily or permanently prohibit the use of the website. The seller can also take various other measures: reporting to the authorities, warning, initiating legal proceedings (including through recourse to recover all expenses incurred in this context), etc.
The seller makes every effort to ensure that the site works properly, but we make no warranty as to its accessibility and (except as provided herein) we assume no liability for any damage, loss or expense that the customer may incur. you suffer from a possible inaccessibility of the website.
The seller reserves the right to change any price accidentally displayed on the site and not to sell an item at such a price.
Watch out for updates
The seller reserves the right to change these T&C at any time, in particular those governing the provision and operation of our website and the sale of products. Any change to T&C

If the seller does not fulfill its obligation to deliver the products on time, the customer will ask the seller to make the delivery in an additional period. If the seller does not deliver the products within the additional period, the customer has the right to terminate the contract, and the seller will immediately refund all amounts paid by the customer under the contract.
In the case of a contract which has as its object several products made by a single order, their delivery may be made in several dates, depending on the size of the goods and the method of dispatch.
The shipping of the products to a certain address in Romania is always done at the client's request. If the client denies that he made such a request, the burden of proof falls on him. The customer must take care to make the necessary arrangements to receive the products on the day of delivery.
The customer can empower an adult to receive the delivery. The person who is present at the place of delivery and who receives the products is presumed to have received such a power of attorney from the customer.
If the products cannot be delivered because the customer refuses to deliver, all costs related to the additional delivery fall on the customer, unless the customer can demonstrate that the delivered products do not correspond to the order placed by the customer (eg are damaged). In the latter case, the customer's refusal to take delivery is justified.
Upon receipt of the products, the customer must verify the existence of visible material defects.
The right of revocation of the client
This chapter of the T&C represents an adjusted reproduction of Annex no. 7 of the Law for the implementation of the Civil Code no. 1125/2002 with the name “Instructions regarding the exercise of the right of revocation of the distance contract or of the contract negotiated outside the commercial premises”.
When the customer's order placed online on the website is confirmed online, the customer is considered to have concluded a distance contract.
When the customer concludes a distance contract, the customer has a right to revoke the contract. The right of revocation implies the termination of the contract concluded at a distance between the customer and the seller which has the effect of the obligation to return the product by the customer to the seller, and the obligation of the seller to refund the price paid by the customer according to these rules.
The customer has the right to revoke the contract remotely, without specifying the reasons, within 14 calendar days.
The revocation period expires after 14 calendar days starting from the day when the customer or a third party, other than the carrier and which is indicated by the customer, enters the physical possession of the product or obtains control over the product within the meaning of art. 1159 para. (1) Civil Code.
If the customer orders in a single order several products to be delivered separately, the period of 14 calendar days for revocation shall be calculated from the day on which the customer or a third party, other than the carrier and which is indicated by the customer, takes possession physics of the last product.
If the customer concludes a distance contract for several products, the customer has the right to revoke the contract only in full, for all goods that are the subject of the confirmed order.
Regardless of points 10.5 and 10.6 of these T&C, the customer can exercise his right of revocation once the distance contract is concluded, ie once the order is confirmed by the seller.
In order to exercise the right of revocation, the customer must send the seller the notice of revocation of the distance contract, resulting in an unequivocal statement of revocation of the contract. The customer may send the notice of revocation to the seller in one of the following forms:
by text message to the following address: [email protected] For this purpose, the customer may use the revocation form indicated in Annex number 1 to these T&C, but the use of this form is not mandatory;
in written form and deposited at the seller's store;
The notice of revocation sent in free form by the customer must contain the name and surname of the customer, the customer's address, the order number, the products purchased, the date of the order and so on.
Regardless of the method of notice of revocation, in order to benefit from the right of revocation the customer must provide proof that the products have been purchased from the seller (eg payment slip).
The notice of revocation must be sent by the customer until the expiry of the period of 14 calendar days calculated according to points 10.5 and 10.6 of these T&C.
The simple return of the good or the refusal to receive the delivery or non-collection of the product from the post office, in the absence of an unequivocal notice of revocation in this regard, is not considered a valid exercise of the right of revocation by the customer.
Knitwear and articles (underwear, bedding, hosiery).
Textiles (cotton and cotton fabrics, linen and linen, wool and wool type, silk and silk type, ribbons, edging tape, etc.)
Other products that cannot be replaced are provided in the Annex to the Law on Consumer Protection no. 105/2003.
Customer remedies in case of product non-conformity
In case of non-conformity of the product, the customer has, in accordance with these T&C, the following available remedies:
the right to request repair of the product;
the right to request a replacement of the product;
the right to request a corresponding price reduction;
the right to request the termination of the contract, under the conditions of points 12.11 and 12.15.
The customer has the right, at his choice, to request the seller first to repair the product or replace it, free of charge in each case, unless the remedial measure is impossible or disproportionate.
A remedial measure is considered disproportionate if it imposes unreasonable costs on the seller compared to the other remedial measure, taking into account:
the value of the product, if there was no non-compliance;
the importance of non-compliance;
the possibility of carrying out another remedial measure without any significant inconvenience to the customer.
the repeated occurrence of a non-conformity with the product after a repair has already been carried out.
A remedial measure is considered impossible if the seller cannot provide identical replacement products or spare parts for repair, including in the absence of equipment or related technology.
The seller must replace or repair the product within a period not exceeding 14 calendar days from the date on which the customer informed the seller of the non-conformity of the product and returned it to the seller to be replaced or returned, as appropriate. This term can be extended with the client's consent.
If the customer requests the replacement of the non-conforming product with a similar product of another model, the purchase price is recalculated.
If the seller does not have a product similar to the returned one, the customer will be refunded the value of the product.
If, instead of repairing the product, the seller delivers a compliant product or returns the value of the product, the customer must return the original product purchased to the seller.
The customer is not entitled to request a refund if the non-compliance does not have a substantial influence on the use of the product.
When returning the equivalent value, the price of the product is taken into account on the date of examination of the complaint - if its price has increased, and the price on the date of purchase - if its price has decreased.
The customer may request a corresponding reduction in the price or refund of the value of the product by termination of the contract in any of the following cases:
if you do not have the right to repair or replace the product;
if the seller has not carried out the remedial measure within a period of 14 calendar days in accordance with point 12.5 of these T&C;
if the seller did not carry out the remedial measure without causing significant inconvenience to the customer;
in the event of a non-conformity with the product after a remedial action has already been taken in accordance with point 12.1 (i) - (ii), if the customer has refused to repair or replace the product;
upon detection of product non-conformity within 6 months of delivery of the product, if the customer has refused to repair or replace the product.
For products other than durable products, such as footwear, fabrics, glassware and ceramics, the seller's liability is incurred if the non-conformity occurs within 30 days from the date of sale. Therefore for these product categories the time limit in point 12.11 (v) is reduced to 30 days.
The corresponding price reduction or refund of the product value within the warranty period, in case of deficiencies not attributable to the customer, is made unconditionally by the seller within 14 calendar days from the date of submission of the complaint by the customer.
If the seller has not delivered the product on time in accordance with point 9.7, the consumer will give the seller an additional period for delivery.
By way of derogation from the provisions of point 12.14, the consumer has the right to terminate the contract, without giving an additional period, for the seller not fulfilling his obligation to deliver the good at the time agreed with the customer, in one of the following cases:
the seller refused, in an unequivocal statement, to deliver the product;
delivery within the agreed time is essential in view of all the circumstances accompanying the conclusion of the contract;
customers