Terms & Conditions

CONTENTS

Clause 1 - Definitions
Clause 2 - Identity of the Entrepreneur
Clause 3 - Scope
Clause 4 - The Offer
Clause 5 - The Agreement
Clause 6 - Right to Withdrawal
Clause 7 - Consumer's Responsibilities During the Cooling-Off Period
Clause 8 - Exercise of the Consumer's Right to Withdrawal and Costs
Clause 9 - Entrepreneur's Obligations in Case of Withdrawal
Clause 10 - Exclusion of the Right to Withdrawal
Clause 11 - Pricing
Clause 12 - Compliance and Additional Guarantees
Clause 13 - Delivery and Execution
Clause 14 - Continuous Performance Contract: Duration, Termination, and Extension
Clause 15 - Payment
Clause 16 - Complaints Handling Procedure
Clause 17 - Disputes

Clause 1 - Definitions

In these Terms and Conditions, the following definitions apply:

  1. Additional agreement: An agreement whereby the Consumer obtains products, digital content, and/or services related to a distance agreement, and these items are delivered by the Entrepreneur or a third party based on an arrangement between the third party and the Entrepreneur;
  2. Reflection period: The timeframe during which the Consumer may exercise their right of withdrawal;
  3. Consumer: A natural person not acting for commercial, trade, craft, or professional purposes;
  4. Day: A day on the calendar;
  5. Digital content: Information produced and transmitted in digital format;
  6. Continuing performance contract: A contract aimed at delivering goods, services, and/or digital content over a specified period;
  7. Sustainable data carrier: Any means, including email, that allows the Consumer or the Entrepreneur to store information intended for them in a manner enabling future access and use, ensuring unaltered reproduction of the stored information;
  8. Right of withdrawal: The Consumer's ability to cancel the distance agreement within the cooling-off period;
  9. Entrepreneur: A natural or legal person supplying products, (access to) digital content, and/or services to Consumers remotely;
  10. Distance contract: An agreement concluded between the Entrepreneur and the Consumer as part of an organized system for selling products, digital content, and/or services at a distance, utilizing one or more distance communication technologies until the contract's conclusion;
  11. Standard form for withdrawal: The European standard form for withdrawal as provided in Appendix 1;
  12. Technology for distance communication: A method utilized to conclude an agreement without the Consumer and the Entrepreneur being physically present in the same location simultaneously.

Clause 2 - Identity of the Entrepreneur

  • Company name: Varovsky S.R.L.
  • Headquarters: 447355 Vetis, str. Principala 306, Satu Mare, RO
  • Complaints: 447355 Vetis, str. Principala 306, Satu Mare, RO
  • Email: hello@varovsky.eu
  • Phone: +40 (752) 469-363
  • Website: https://www.varovsky.eu
  • Registration authority: ONRC Satu Mare
  • Registration number: J30/1147/2006
  • Tax identification: RO19210615
  • Representative: Vári Lóránt Gyula

Clause 3 - Scope

  1. These General Terms and Conditions govern any offer made by the Entrepreneur and any distance contract entered into between the Entrepreneur and the Consumer.
  2. Prior to entering into a distance contract, the Entrepreneur must provide the Consumer with the text of these General Terms and Conditions free of charge and as soon as possible. If this is not reasonably feasible, the Entrepreneur must specify how the General Terms and Conditions can be accessed and that they will be provided free of charge upon request before the distance contract is concluded.
  3. If the distance contract is concluded electronically, the Entrepreneur may also provide the text of these General Terms and Conditions to the Consumer electronically before the conclusion of the contract, deviating from the preceding section. This electronic provision should allow the Consumer to easily store the terms on a durable medium. If such provision is not feasible, it must be indicated where the General Terms and Conditions can be electronically accessed, and that they will be provided to the Consumer free of charge upon request, either electronically or otherwise, before the conclusion of the distance contract.
  4. If specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply mutatis mutandis. In case of conflicting terms and conditions, the Consumer may always rely on the provision that is most favorable to them.

Clause 4 - The Offer 

  1. If an offer is valid for a limited time or is subject to specific conditions, such limitations or conditions must be clearly stated in the offer.
  2. The offer includes a comprehensive and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the Consumer to make an informed assessment of the products, services, and/or digital content. If the Entrepreneur includes pictures, they must accurately represent the products and/or services offered. Any obvious errors or inaccuracies in the offer do not bind the Entrepreneur.
  3. All offers include information that clearly outlines the rights and obligations associated with accepting the offer, ensuring transparency for the Consumer.

Clause 5 - The Agreement

  1. The contract becomes legally binding once the Consumer accepts the offer and meets the specified terms and conditions, unless otherwise stated in paragraph 4.
  2. If the Consumer accepts the offer electronically, the Entrepreneur must promptly confirm receipt of the acceptance electronically. Until this confirmation is received, the Consumer has the right to cancel the contract.
  3. When the contract is concluded electronically, the Entrepreneur must implement appropriate technical and organizational security measures to ensure secure data transfer and a safe online environment. If electronic payment is accepted, the Entrepreneur must also adhere to appropriate security protocols.
  4. Within legal limits, the Entrepreneur may gather information about the Consumer's ability to fulfill payment obligations and other relevant factors necessary for responsibly concluding the distance contract. Based on this information, if the Entrepreneur has valid reasons, they may refuse to conclude the contract, provide reasons for refusal, or impose special terms.
  5. Before delivering the product, service, or digital content, the Entrepreneur must provide the following information in writing or in a format that allows the Consumer to store it for future reference: a. The Entrepreneur's business address for complaints. b. The conditions and procedures for exercising the right of withdrawal, or exemptions from this right if applicable. c. Details about available after-sales services and warranties. d. The total price, including taxes, delivery costs, payment methods, and delivery or implementation details. e. Requirements for canceling the contract if it lasts longer than one year or is of indefinite duration. f. The standard withdrawal form, if applicable.
  6. For ongoing service contracts, the above requirements apply only to the initial delivery.

Clause 6 - Right to Withdrawal

  1. The Consumer has the right to cancel a purchase contract for a product within a reflection period of at least 14 days, without needing to provide reasons. While the Entrepreneur may inquire about the reason for withdrawal, the Consumer cannot be compelled to disclose their reason(s).
  2. The reflection period mentioned in clause 1 begins on the day the Consumer receives the product, either personally or by a pre-appointed third party who is not the carrier, or: a. If the Consumer ordered multiple products in a single order: the day the Consumer or their designated third party received the last product. The Entrepreneur may decline orders comprising products with different delivery dates, provided clear notification is given to the Consumer before the ordering process. b. In cases where product delivery occurs in multiple batches or parts: the day the Consumer or their designated third party received the final batch or part. c. In agreements involving regular product deliveries over a specified period: the day the Consumer or their designated third party received the initial product.

Clause 7 - Consumer's Responsibilities During the Cooling-Off Period

  1. Throughout this period, the Consumer is required to handle both the product and its packaging with care. The Consumer should only unpack or utilize the product to the extent necessary to ascertain its nature, characteristics, and effects. The guiding principle is that the Consumer may handle and inspect the product in a manner akin to how one would in a physical store.
  2. The Consumer is responsible solely for any reduction in the value of the product resulting from handling that exceeds the limits outlined in subsection 1.
  3. The Consumer bears no responsibility for any decrease in the product's value if the Entrepreneur failed to provide all legally required information regarding the right of withdrawal before finalizing the Agreement.

Clause 8 - Exercise of the Consumer's Right to Withdrawal and Costs

  1. If the Consumer chooses to exercise their right of withdrawal, they must clearly notify the Entrepreneur using the standard withdrawal form within the reflection period.
  2. The Consumer must return the product to the Entrepreneur or their authorized representative promptly, within 14 days from the day following the notification mentioned in clause 1. However, this is not necessary if the Entrepreneur has offered to collect the product themselves. Regardless, the Consumer fulfills their obligation to return the product if it is returned before the end of the reflection period.
  3. The product should be returned with all accompanying accessories, ideally in its original condition and packaging, following reasonable and clear instructions provided by the Entrepreneur.
  4. The responsibility and burden of proof for correctly and timely exercising the right of withdrawal lie with the Consumer.
  5. The Consumer is responsible for covering the direct costs of returning the product. However, if the Entrepreneur has not communicated that the Consumer must bear these costs, or if the Entrepreneur has indicated that they will cover the costs, the Consumer is not obligated to pay for the return.
  6. If the Consumer withdraws after explicitly requesting the performance of a service or the supply of gas, water, or electricity to not begin during the reflection period, they must compensate the Entrepreneur for the proportion of the obligation already fulfilled at the time of withdrawal compared to the full completion of the obligation.
  7. The Consumer is not responsible for costs incurred for services related to the supply of water, gas, or electricity that were not ready for sale in a limited volume or quantity, or for district heating if: a. The Entrepreneur failed to provide the statutorily required information about the right of withdrawal, cost compensation in case of withdrawal, or the standard withdrawal form, or b. The Consumer did not explicitly request the commencement of the service or supply during the reflection period.
  8. The Consumer incurs no costs for the full or partial delivery of digital content not stored on a physical carrier if: a. They did not explicitly consent to the performance of the agreement before the end of the reflection period, b. They did not waive their right of withdrawal when granting consent, or c. The Entrepreneur failed to confirm the Consumer’s statement.
  9. If the Consumer exercises their right of withdrawal, all additional agreements are automatically terminated.

Clause 9 - Entrepreneur's Obligations in Case of Withdrawal

  1. If the Entrepreneur enables the Consumer to notify withdrawal electronically, they must promptly acknowledge receipt of such notification.
  2. The Entrepreneur must refund all payments made by the Consumer without undue delay and no later than 14 days from the day the Consumer notified them of the withdrawal. However, if the Entrepreneur has offered to collect the product themselves, they may delay the refund until they have received the product or until the Consumer provides proof of returning the product, whichever happens first.
  3. The Entrepreneur must use the same payment method used by the Consumer for the refund, unless the Consumer agrees to a different method. The refund must be provided at no cost to the Consumer.
  4. If the Consumer chose a more expensive delivery method instead of the cheapest standard delivery option, the Entrepreneur is not obliged to reimburse the additional costs for the more expensive method.

Clause 10 - Exclusion of the Right to Withdrawal

The Entrepreneur may exclude the following products and services from the right of withdrawal, provided that they clearly notified this when making the offer or in a timely manner before concluding the agreement:

  1. Products or services with prices subject to fluctuations in the financial market over which the Entrepreneur has no control, occurring within the withdrawal period.
  2. Agreements concluded during a public auction, where products, digital content, and/or services are offered to Consumers present or able to be present under an auctioneer's direction, with the successful bidder obligated to purchase.
  3. Service agreements, after full performance, but only if: a. Performance began with the Consumer's explicit prior consent; and b. The Consumer agreed to forfeit the right of withdrawal upon the Entrepreneur's full performance.
  4. Service agreements for providing accommodation, other than for residential purposes, transportation of goods, car rentals, and catering, with a specified implementation period.
  5. Agreements related to leisure activities with a set date or performance period.
  6. Products tailored to the Consumer's specifications, not prefabricated, made based on the Consumer's individual choice or decision, or intended for a specific person.
  7. Perishable products or those with limited durability.
  8. Sealed products unsuitable for return due to health or hygiene reasons if the seal is broken.
  9. Products inherently mixed with other products irreversibly.
  10. Alcoholic drinks with agreed prices but delivery possible only after 14 days, with value dependent on market fluctuations beyond the Entrepreneur's control.
  11. Sealed audio and video recordings, and computer programs if seals are broken after delivery.
  12. Newspapers, periodicals, or magazines, excluding subscriptions.
  13. Delivery of digital content other than on a physical carrier, but only if: a. Performance began with the Consumer's explicit prior consent; b. The Consumer agreed to forfeit the right of withdrawal by initiating performance.

Clause 11 - Pricing

  1. Prices of products and/or services provided shall remain unchanged during the validity period specified in the offer, except for changes due to alterations in VAT rates.
  2. However, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond their control, at variable prices. The offer will specify the potential for price fluctuations and that any prices indicated are target prices.
  3. Price increases within 3 months of concluding the contract are permissible only if they result from new legislation.
  4. Price increases occurring after 3 months of concluding the contract are allowed only if: a. They result from legal regulations or stipulations, or b. The Consumer has the right to terminate the contract before the price increase takes effect.
  5. All prices provided for products or services include VAT.

Clause 12 - Compliance and Additional Guarantees

  1. The Entrepreneur ensures that the products and/or services conform to the contract, meet the specifications outlined in the offer, fulfill reasonable usability and/or reliability requirements, and comply with applicable statutory provisions and/or government regulations at the time the contract was concluded. If agreed upon, the Entrepreneur also assures that the product is suitable for uses beyond normal use.
  2. Any additional guarantee provided by the Entrepreneur, their Supplier, Manufacturer, or Importer shall not diminish the rights and claims available to the Consumer against the Entrepreneur in case of failure to fulfill the Entrepreneur's obligations under the agreement.
  3. An "extra guarantee" refers to any obligation assumed by the Entrepreneur, their Supplier, Importer, or Manufacturer, whereby certain rights or claims are granted to the Consumer beyond what is legally required in the event of non-compliance with their obligations under the agreement.

Clause 13 - Delivery and Execution

  1. The Entrepreneur is committed to exercising the utmost care when processing orders and fulfilling product orders, as well as when evaluating requests for service provision.
  2. The designated place of delivery is the address provided by the Consumer to the Entrepreneur.
  3. In accordance with the provisions outlined in Article 4 of these General Terms and Conditions, the Entrepreneur will fulfill accepted orders promptly, aiming for delivery within 14 days, unless an alternative delivery period has been agreed upon. If there is a delay in delivery, or if an order cannot be fulfilled or can only be partially fulfilled, the Consumer will be notified within one month of placing the order. In such instances, the Consumer has the right to cancel the contract without charge and may be entitled to compensation.
  4. Following cancellation as per the preceding paragraph, the Entrepreneur will promptly refund any payment made by the Consumer, ensuring reimbursement is processed within 14 days of cancellation.
  5. Unless explicitly agreed otherwise, the Entrepreneur assumes responsibility for any loss or damage to products until they are delivered to the Consumer or to a pre-designated representative, as communicated to the Consumer in advance.

Clause 14 - Continuous Performance Contract: Duration, Termination, and Extension

Termination:

  • The Consumer has the right to terminate a contract at any time if it was concluded for an indefinite period and involves regular product (including electricity) or service delivery, adhering to the termination regulations and providing no more than one month's notice.
  • Similarly, the Consumer can terminate a contract at any time if it was entered into for a specific duration and entails regular product (including electricity) or service delivery, upon the conclusion of the specified period, following the termination rules and giving no more than one month's notice.
  • The Consumer's cancellation of agreements mentioned in the previous paragraphs: a. can occur at any time, without being restricted to a particular time frame or period; b. should follow the same method as they were initially concluded by the Consumer; c. must adhere to the notice period specified by the Entrepreneur.

Extension:
  • A contract with a definite duration that involves regular product (including electricity) or service delivery cannot be automatically extended or renewed for a fixed period.
  • However, contracts for a definite duration related to the regular delivery of daily newspapers, weeklies, and magazines may be tacitly renewed for up to three months if the Consumer can terminate the extended agreement toward the end of the extension with no more than one month's notice.
  • An agreement with a definite duration involving regular product or service delivery may only be tacitly extended indefinitely if the Consumer can terminate it at any time with one month's notice. For contracts concerning the delivery of daily newspapers, weeklies, and magazines occurring regularly but less than once a month, the notice period is limited to three months at most.
  • Trial subscriptions for daily newspapers, weeklies, and magazines (trial or introductory subscriptions) do not renew automatically and terminate automatically after the trial or introductory period.

Duration:
  • If a contract's duration exceeds one year, the Consumer has the right to terminate the contract at any time after one year, providing no more than one month's notice, unless reasons of reasonableness and fairness oppose termination before the agreed term's end.

    Clause 15 - Payment

    1. Unless stated otherwise in the agreement or additional conditions, Consumer payments must be settled within 14 days after the reflection period, or if there is no reflection period, within 14 days after concluding the agreement. For service agreements, this period begins on the day the Consumer receives confirmation of the agreement.
    2. When selling products to Consumers, the General Terms and Conditions cannot require an advance payment of more than 50%. If an advance payment is agreed upon, the Consumer cannot claim any rights regarding order execution or services until the agreed advance payment is made.
    3. The Consumer is responsible for promptly informing the Entrepreneur of any inaccuracies in the provided payment details.
    4. If the Consumer fails to meet payment obligations on time after being notified of the delay and given a 14-day grace period by the Entrepreneur, the Consumer is liable to pay statutory interest on the outstanding amount. Additionally, the Entrepreneur may charge the Consumer extrajudicial collection costs. These costs are capped at 15% for outstanding amounts up to € 2,500, 10% for the next € 2,500, and 5% for the subsequent € 5,000, with a minimum charge of € 40. The Entrepreneur has the option to adjust these amounts and percentages in favor of the Consumer.

    Clause 16 - Complaints Handling Procedure

    1. The Entrepreneur must establish a well-publicized complaints procedure and adhere to it when addressing complaints.
    2. Any complaints regarding contract performance must be promptly and clearly communicated to the Entrepreneur within a reasonable period after the Consumer discovers the issues.
    3. The Entrepreneur is obligated to respond to complaints within 14 days of receiving them. If resolving a complaint requires more time, the Entrepreneur must acknowledge receipt within 14 days and provide an estimated timeframe for a detailed response.
    4. If a complaint cannot be resolved through mutual agreement within a reasonable period or within 3 months of submission, it may escalate to a dispute subject to dispute resolution procedures.

    Clause 17 - Disputes

    These Terms and Conditions are subject to Romanian law. Any disputes arising between the Seller and Users / Buyers will be resolved amicably or, if this is not possible, the disputes will be settled by the competent Romanian courts.