Access or visits to this website are subject to the Terms and conditions of use; if you decide to continue, this implies that you expressly agree to such.
1. Application of the terms and conditions. Modifying and updating terms and conditions.
The website www.aliphia.ro is the property of S.C. EXHELIOS® S.R.L. and its use implies the acceptance of the terms and conditions below. The terms and conditions establish the conditions and specify the rights and the obligations of the Seller (Distributor) and of the User, as well as those of the Client (Consumer, Buyer). Seller and operator of the online operations is S.C. EXHELIOS® S.R.L., organised according to the Romanian law, having its office in Timișoara, Str. Martir Colonel Uță Ioan, nr. 3, Cod 300041, Județ Timiș, Romania, VAT number RO1804836, registered with the Trade Register under number J35/2688/1991.
The relationship between the parties is subject to the Romanian law regarding consumer protection (G.O. no. 21/1992), the law of e-commerce (Law no. 365/2002) and the emergency ordinance regarding the consumer’s rights within the contracts concluded with professionals as well as for the amendment and supplementing of these norms (G.E.O. no. 34/2014).
S.C. EXHELIOS® S.R.L., hereinafter generically called “EXHELIOS”, as author, owner and administrator of the aliphia.ro website, hereinafter also called “Website”, reserves its right to change and update at any moment the content of this website, as well as the privacy policy and the terms and conditions for use, without any prior notification. EXHELIOS mentions that the image of the products is provided for reference, and the delivered products could differ slightly from these images, in any manner, without influencing the features of such.
The website is operated according to the provisions of these Terms and conditions, which are supplemented with the provisions of the applicable law.
The potential promotions/offers present on the website are valid based on the available stock and within the period of time mentioned. EXHELIOS establishes the regulations of the promotions and of the competitions which it organizes. These regulations are communicated to the potential participants through own website or through messages by using the e-mail. Only those orders that observe precisely the rules presented on the website benefit from promotions. At the same time, the promotions are applied only to the orders which are registered by the company during the period of time in which the promotion is valid and only while stock lasts. EXHELIOS does not guarantee the availability in stock of the products for promotion an can interrupt or cancel it an any moment without prior notice.
2. Definitions of terms used within the Terms and Conditions
In the content of this document, the following terms used with capital letter will have, if the context does not indicate otherwise, the following meanings:
USER: represents the person accessing the website, for private or professional purposes, and who has accepted the terms and conditions of this website, fulfilling in this sense all the requirements.
CLIENT: represents the person accessing the website, for private or professional purposes, and who has accepted the terms and conditions of this Website, fulfilling in this sense all the requirements of the registration process, who launches and completes an Order; he represents the natural person aged at least 18 years old who owns an Account, makes an Order and consequently acts as a Buyer, being a party together with the Seller of the electronic purchase-sale Contract for the products which are subject to the sale through the Website.
ABUSE: represents the use of the Website in a manner opposite to the practice in the field, the regulations and the applicable law or in any way which can generate damages for the company EXHELIOS.
ORDER: represents the electronic document, generated following the accessing of the Website, through which the Client expresses to the Seller the firm and irrevocable intention to buy the selected products.
SALE-PURCHASE CONTRACT: in an electronic form: a document concluded remotely between the Seller and the Buyer, whose object is represented by the products shown in the Order and confirmed subsequently via e-mail/phone by the Seller, for the price applicable to the products indicated on the Website and confirmed subsequently via e-mail/phone by the Seller, paid by the Client according to the specifications within the Terms and Conditions.
COURIER: company specialised in the courier transport of goods, chosen by the Seller.
NEWSLETTER: means of information, transmitted periodically by the Seller through electronic means (e-mail, text message etc.), regarding the products and/or promotions/campaigns of the Seller within a certain period of time, without containing any commitment of the Seller before the Client.
PRODUCTS: The items, as they are presented on the Website under the section PRODUCTS, regarding which the Client placed an Order accepted subsequently by the Seller.
WEBSITE: www.aliphia.ro
SELLER: S.C. EXHELIOS® S.R.L., organised according to the Romanian law, having its office in Timișoara, Str. Martir Colonel Uță Ioan, nr. 3, Cod 300041, Județ Timiș, Romania, VAT number RO1804836, registered with the Trade Register under number J35/2688/1991.
3. Online sale policy
The site is meant for the natural persons aged over 18 years, EXHELIOS reserves the unilateral right to select the available products, to add or to remove certain products, to perform or to stop certain advertising campaigns at any time, and to make any amendments regarding the price of the products.
The access to the website may be limited to certain users or clients, in case the website owner considers that it has justified reasons to consider that it is injured through the activity/conduct of the respective User/Client or that these Terms and conditions are infringed upon, in case of fraud or if the applicable law is infringed upon. The User/Client whose access on the website was thus restricted may address with a request to the sales department, shown in the section “Contact”, in order to be informed regarding the reasons for the restriction.
4. Delivery and payment methods
The website is meant strictly for natural persons. The legal persons are asked to contact EXHELIOS via phone or e-mail in order to conclude a Sales-purchase contract and to start a collaboration.
a. For orders within Romania:
The delivery of the products ordered on this website will be performed with the help of a courier company chosen by the Seller, and the delivery fees are the ones mentioned above, as confirmed subsequently and through e-mail/telephone. By completing and placing the order, you agree to the payment of these fees together with the price of the products.
- for orders lower than 50 RON; transport costs are 15 RON and they are incurred by the Client.
- for orders higher than 50 RON, the delivery is free of charge, the transport costs are incurred by EXHELIOS.<?li>
The usual delivery period of the products ordered online on the official website of the company is 1-3 working days, from the moment the order is confirmed by EXHELIOS. An exception to this is represented by the force majeure cases (calamities, natural disasters, impracticable roads, accidents, etc.) Upon receiving the order, you should present a valid identity card and you will sign the AWB/the reception document. If the delivery of the parcel is not successful after two attempts, the parcel will be returned to us, and you will incur all the costs and the consequences of the return.
The payment will be performed ON DELIVERY.
b. For orders outside Romania:
We do not make deliveries outside Romania in case of Individuals, for the moment.
5. Price
The price is established for each individual product. The price displayed includes VAT (at the level provided by the applicable laws).
The price shown in the completed and placed order, as it is confirmed subsequently through the order confirmation e-mail, is the final price which the Client should pay for the products ordered and will not change, regardless if subsequently to that moment EXHELIOS carries out promotional campaigns regarding the same products or changes their price.
6. The moment of concluding the sale. Transfer of property and risk
The sale-purchase contract is considered concluded only when the Client receives through e-mail the order confirmation from the Seller. The information existing on the website does not represent a prior agreement or another commitment of EXHELIOS before the Client.
The transfer of property and risks regarding the products takes place at the moment of delivery of the parcel on condition that the payment and all the fees/commissions corresponding to the delivery have been totally paid.
7. Privacy Policy
The performance of unauthorised operations upon this website and the attempted performance of such, including without being limited: abuse use, fraudulent use, unauthorised access, change, copy of information for the purpose of trading them, blocking the access, etc. will be punished according to the law.
The users of the website may send comments, notes, suggestions, ideas or remarks regarding the content and the structure of the website, respectively may address questions as long as the content of such is not illegal, obscene, threatening, denigrating, which could impact private life, the intellectual property rights of EXHELIOS or of third parties and which do not contain viruses, do nu run political/elective campaigns, chain mail, mass e-mails or any other form of spam.
EXHELIOS does not sell products and/or services which are bought by underage persons. EXHELIOS may sell or cash in the value of products meant for underage persons, but purchased by an adult.
8. Liability
EXHELIOS responsibility: If the Terms and conditions and/or the Contract is wilfully or neglectfully infringed upon, EXHELIOS as Seller and owner of the website will be responsible for the sales which are a direct and reasonably predictable consequence of this infringement.
In any case (excluding the liability for the damages caused to life and/or the bodily integrity of a person) the maximum responsibility before the Client for any loss or damage which occurs regarding an Order is limited to the total price of the respective order.
EXHELIOS is not responsible for infecting the computer of any User/Client with information viruses, for cyber attacks of any type, for the loss of data belonging to the User/Client or the damage to any hardware equipment or program belonging to such.
At the same time, EXHELIOS is not liable for the phishing type e-mails or for the links of the partners which may appear at any moment on the site.
EXHELIOS cannot be considered liable for any loss in case this is caused by the failure to observe these terms and conditions and the other instructions mentioned on the website.
At the same time, EXHELIOS is not liable for the prejudices created following the non-operation of the website, as well as for others resulting from the impossibility to access certain links available on the website.
The liability of the user/client: The user/client is responsible for keeping the privacy of its account data (user/e-mail and password), for the management of accessing the account and for the activity run through the account as well as for the navigation of the website and the links of the partners. At the same time, the User/Client is liable exclusively for the reality/accuracy/integrity of any and all the data supplied to the owner of the website and for any damage caused to such through the failure to observe these terms and conditions and/or the contract.
9. Warranties
All the products traded on the website are accompanied by the DECLARATION OF CONFORMITY attesting the conformity of the products with own standards and the standards imposed by the national or European authorities.
10. Applicable law. Jurisdiction.
These Terms and conditions and the Contract are subject to the provisions of the law in Romania.
In case of litigations, these will be settled in an amicable manner or, if this is not possible, the litigations will be settled by the competent Romanian courts of law at the office of EXHELIOS, the User/Client expressing his agreement regarding this competence selection.
11. Processing of personal data
According to the requirements of Law no. 677/2001 for the protection of persons regarding the processing of personal data and the free movement of these data, amended and supplemented, EXHELIOS should manage under safety conditions and only for the purposes specified, the personal data which the Clients supply.
In case of notices or irregularities, you may contact TELEPHIONE INFORMATION - CONSUMER: 0800 080 999, free phone line, respectively the official website of the National Authority for Consumer Protection. www.anpc.gov.ro.
12. Automatic collection of non-personal data
In certain cases, it is possible that EXHELIOS could collect non-personal data about the Users/Clients. Examples of information of this type are: type of browser used, operating system of the used computer and name of the website domain from where the connection to the website has been done. This information helps EXHELIOS to make decisions which should respond as best as possible to the interests and preferences of the Users/Clients!
13. Intellectual property
The entire content of the website, including but without limited to the logos, graphical representations, commercial symbols, static/dynamic images, text and/or multimedia content is the exclusive property of EXHELIOS.
The User/Client is not allowed to copy, reproduce, distribute, publish, transfer, modify, alter, use, create connections, expose, include any item of the website in any material of the User/Client or of any third party, for another purpose different form the one of concluding/executing a contract for products and being informed about the products traded on the website, without a prior written approval of EXHELIOS in this sense.
If the User/Client sends/transfers to the owner of the website any information or content (including logos, graphical representations, commercial symbols, static/dynamic images, text and/or multimedia content), this will not generate any obligation for EXHELIOS, except for the case in which there is a prior written approval of the parties in this sense.
In order to access these Terms and conditions, the User/Client understands and accepts that it is expressly forbidden to use the website and the content of such for other purposes than the ones allowed expressly according to the terms and conditions/contract.
14. Promotion of the products
For the promotion of the products, the owner of the website may send Newsletters to the User/Client in a direct manner or through the commercial partners, ensuring/observing the privacy of the data supplied by the User/Client.
Upon creating the account, the User/Client is offered the possibility to agree to or to refuse the reception of websites.
The User/Client is entitled to renounce at any time the option expressed initially, including through the use of the existing link within a newsletter, through the transmission of an e-mail or via phone, using the data mentioned in the section Contact of the website.
15. Confidentiality. Processing of personal data.
EXHELIOS will make sure that the data of the User/Client supplied through the navigation of the website, through the placement of orders and the execution of the contract, are kept confidential both by own employees and by the commercial and authorised partners.
EXHELIOS processes the personal data offered by the Users/Clients according to the provisions of the applicable Romanian laws.
16. Force majeure. Act of God
Neither of the parties will be responsible for the failure to perform its obligations in the Contract or provided in these Terms and conditions, if such a failure to timely and/or appropriately perform the obligations is totally or partially due to an event of force majeure or an act of God.
Force majeure is the external, unpredictable event, absolutely invincible and unavoidable.
The Act of God is an event which cannot be predicted or prevented.
If within 30 (thirty) days from the date of manufacturing, the force majeure event or Act of God does not stop, either party will be entitled to notify the other party regarding the termination ipso jure of the contract without either of them being able to claim other damages from the other party.
17. Miscellaneous
If due to any reason, any clause of these Terms and conditions proves to be void, inapplicable or invalid, it will be replaced with a valid clause as close as possible in its meaning to the initial clause.
The invalidity/inefficiency of a clause/provision of these Terms and conditions and/or Contract will not affect the validity/applicability of the other clauses/provisions, which will continue to apply in an unmodified form.