1. INTRODUCTION
This regulation establishes the general conditions regarding the electronic commerce carried out by Torris Med SRL, and the provisions of this regulation are regulated by the current legislation of the Republic of Moldova on electronic commerce.
This website www.aquapick.md is a property of Torris Med SRL, tax code: 1017600022089, registered at IP “Public Services Agency”, with its legal headquarters in Chișinău, Profesor Ion Dumeniuk street, 16.
These conditions represent the general framework according to which the distance/online electronic commerce activity is carried out, included in a sales system organized by Torris Med SRL. These electronic commerce conditions can also be achieved by concluding a distance electronic sales contract, on which the consumer, after the commercial electronic communication from the seller, expressly and clearly expresses his consent regarding the distance conclusion of the contract, by placing the order.
The general conditions also apply to legal persons, under the conditions differentiated by the legislation of the Republic of Moldova. Similarly, by placing the order, legal entities express their clear consent regarding the clauses of the distance sales contract provided in these general conditions and stipulated in the legislation of the Republic of Moldova.
By using this website, users/buyers declare that they agree with the provisions of this Regulation. By accessing and using the www.aquapick.md website, users and buyers accept without limitations or qualifications these provisions. If they do not agree or do not accept, without limitations or qualifications, the conditions of this Regulation, users/buyers are to leave this website.
2. USED NOTIONS
SELLER: Torris Med SRL, with its legal headquarters in Chișinău, Professor Ion Dumeniuk Street 16, tax code: 1017600022089.
USER: any natural or legal person who visits and/or interacts with the www.aquapick.md website;
BUYER: any natural or legal person who places an order on the www.aquapick.md website and accepts the terms and conditions of this regulation;
CONSUMER: any natural person who intends to order or buy goods for personal needs;
DISTANCE SELLING OF GOODS: the procedure for selling goods, by ordering goods or services through means of communication and which does not involve the simultaneous physical presence of the seller and the consumer;
DISTANCE CONTRACT: any contract concluded between the seller and the consumer within a distance sales system organized, without the simultaneous physical presence of the seller and the consumer, using exclusively one or more means of distance communication, until and at the moment when the contract is concluded, including any order made by the consumer and which produces binding effects on him;
ELECTRONIC COMMUNICATION: electronic form information, which does not constitute an electronic document, sent, received and stored with the help of electronic means;
ONLINE ORDER: communication through electronic means between the seller and the buyer, through which the buyer intends to buy goods from the seller, which the latter agrees to sell, and the buyer agrees to pay. For products that are not in the current stock of goods, the seller can order them from the supplier, following the client’s request in the store, but the delivery time for such orders exceeds the usual delivery time;
GOODS: products made available to the Buyer for sale by the Seller through the www.aquapick.md website;
3. TERMS AND CONDITIONS
The www.aquapick.md website includes any kind of information (texts, pictures, databases, products, prices, logos, advertisements), which constitute the content of the website, owned by Torris Med SRL. Any content takeover (fully or partially) for other purposes than personal interest is sanctioned by the current legislation of the Republic of Moldova and especially the provisions regarding intellectual property rights.
The information provided on this website is in Romanian.
Accessing and/or using the site by the buyer constitutes ACCEPTANCE of these conditions and the expression of consent with regard to the obligation to comply with them.
Any information regarding the contract concluded between the consumer and Torris Med SRL, the placed order will be stored for a limited time and will be available to third parties at the request of the state authorities with competent rights to supervise and control information society services (ex: General Prosecutor’s Office, Ministry of Internal Affairs, Court, Information and Security Service or other competent bodies).
After processing the order, the seller is not responsible for the damage resulting from the erroneous transmission of his data by the consumer or the incorrectly placed order.
Operating hours:
Orders can be placed online at any time, but the processing period takes place daily in the time interval:
Monday-Friday between 09:00 – 18:00;
Delivery and payment:
The delivery of the goods is free of charge for orders with a value equal to or greater than 500 MDL, for orders with a value up to 499 MDL a delivery fee of 50 MDL is applied.
Delivery is available throughout the Republic of Moldova in the time interval:
Monday – Friday: from 09:00 – 18:00, within 24-48 hours from order confirmation.
Any confirmed order involves the seller and the physical person consumer in a distance contract.
The moment of concluding the distance sales contract between the parties, is the moment of sending the order confirmation message by the seller to the consumer’s address.
Order possibilities:
- online on the website www.aquapick.md
- via the call center service phone number: 022 999 038
Payment methods for the products:
- Online, with a bank card.
- Cash on delivery.
4. CONDITIONS FOR RETURNING MONEY AND PRODUCTS
The buyer pays for the product to the courier at the time of delivery.
The consumer (natural person) has the right to return the products within 14 days of purchasing them.
The products will only be returned or replaced in the new condition in which they were received (unused) in the original packaging and accompanied by all the accessories and documents received at the delivery of these (product warranty and sales receipt), according to the Annex of Law No. 105 of 13-03-2003 on Consumer Protection.
The return will be refused if the products are not in a saleable condition.
The procedure for returning money is carried out by Torris Med SRL within 1-5 working days from the moment of receiving the request from the Buyer. The request can be sent to the email address office@torris.md and must contain the following information, as follows: the reason for returning the product, the order number, the documents proving the payment of the order (sales receipt), the Buyer’s data.
Also, the return of money is made when the Buyer approaches with the product and all the original documents in the Seller’s showroom, at the address or. Chisinau, str. M. Sadoveanu, 10/2.
The products will be returned by the Buyer to the Seller.
5. SELLER’S OBLIGATIONS
The seller undertakes to provide the buyer, free of charge, with information about his products and services, in order to achieve the purpose mentioned in the online order.
The seller undertakes to publish on the website www.aquapick.md information with an indicative character and to present information about the products offered for sale by him, as well as other data considered by Torris Med SRL to be of interest to BUYERS.
The seller constantly undertakes actions to present as accurate and relevant information as possible for the products offered for sale. If the prices or other product information have been displayed incorrectly, Torris Med SRL reserves the right not to honor the order and to notify the potential buyer about the error occurred, if the delivery has not been made.
The product images are displayed on the site for presentation purposes. The actual ordered products may be different in terms of some characteristics (e.g. color shades, etc.) from the actual appearance of the product, depending on the batch in which they were manufactured.
At the request and with the agreement of the consumer, Torris Med SRL can recommend to the buyer the purchase of another product of a quality and at a price equivalent to those requested in the first order. The initial order is considered canceled as of the date of confirming the order of the product/products replacing the initial product.
The prices of the products are updated daily. The price of the ordered product is the one displayed at the time of placing the order and cannot be changed when the consumer has placed the online order.
Promotions are valid:
– for limited periods of time specified on the product presentation page/ goods in the online store and on official social media pages;
– within the limits of available stock.
Torris Med SRL is not responsible for damages caused by the information published in the online store from errors not attributable to it.
Torris Med SRL reserves the right to complete and/or modify any information in the online store without previously notifying the site users.
Torris Med SRL reserves the right to contact the site visitor by email or phone if, as a result of interaction with the site, he/she has completed his/her identification and contact data and expressly requests any type of available information or the seller needs additional information to fulfill his/her rights and obligations.
6. CONSUMER OBLIGATIONS
The consumer assumes the obligation to provide truthful information about himself/herself when placing the order.
The consumer assumes the obligation to fully and timely pay for the products delivered by the Seller.
The consumer undertakes not to use the services provided by the Seller for illegitimate, fraudulent purposes and will not allow this to any third parties either. The buyer undertakes to strictly comply with the provisions of the current legislation of the Republic of Moldova.
7. INTELLECTUAL PROPERTY RIGHT
The graphics, names, trademarks (such as: the site’s and Torris Med company’s name) are the property of Torris Med SRL and cannot be taken and/or used without the prior written consent of the owner.
The visitor will not copy, distribute, take over, publish for commercial purposes any information contained by the online store www.aquapick.md , without the prior written consent of the site’s owner. Any unauthorized modification of the site is prohibited.
8. ADVERTISING AND CONFIDENTIALITY
The buyer will not make public, to third parties, by any means, any private information received from the seller, under the penalty of being obliged to pay damages.
The seller reserves the right to use the information provided by the buyer in order to fulfill the distance contract. Also, the buyer will not make public to any third party any information regarding the order without the written consent of the Seller.
The seller reserves the right, to store and use in its own interest, for the purpose of carrying out marketing activities, any information provided by the buyer through the site www.aquapick.md . The seller will not provide any third party with the information received from the buyer.
When placing the order, the buyer will indicate the following data: name, surname, delivery address, email address, contact number.
By providing his/her personal data when registering the order, the Buyer declares that he/she accepts the processing of these by Torris Med SRL, for the purpose of executing by Torris Med SRL its obligations towards the Buyer as well as to inform him/her about its services and promotions via electronic messages and SMS.
Torris Med SRL has the right to transmit with the Buyer’s consent via email or mobile phone messages with informative and advertising purpose. In turn, the Buyer has the right to refuse receiving such information. Messages and information regarding order confirmation will be automatically sent to the Buyer via email or phone call.
9. REMARKETING TERMS
When placing an order on the website www.aquapick.md , Torris Med SRL has the right to use “cookies” technology. This technology does not contain any confidential information, therefore Torris Med SRL has the right to transmit information about “cookies” to third parties for statistical purposes and optimization of advertising messages.
In case the visitors of the website www.aquapick.md do not agree with the use of cookies, they have the right to disable the display of ads as well as to opt for refusing our use of cookies.
10. LIMITATION OF LIABILITY
Torris Med SRL is not responsible for the damages caused, due to causes excluding its fault, by the non-functioning of the online store as well as those resulting from the inability to access the pages of the online store (e.g. internet network failures, technical failures of the online store pages, etc.).
11. RISKS AND RESPONSIBILITIES
The seller is responsible for properly packaging the goods.
The risk of loss of the good is transferred to the buyer at the time of actual delivery of the good.
The Seller assumes the responsibility of delivering the products ordered by the buyer, either personally or through a third party, the delivery cost is posted on the website and is carried out according to the offer placed by the Seller.
12. ACCEPTANCE OF GOODS AND TRANSFER OF OWNERSHIP
The Buyer has the right to reject the delivered goods if they do not comply with the technical details specified in the order. In this case, the Seller assumes the responsibility of bringing the products into compliance with those ordered by the Buyer.
The Buyer is obliged to submit claims regarding the quantity and quality of the delivered products at the time of their receipt from the courier. After their receipt, the Buyer loses any right to submit any claims in this regard.
13. FORCE MAJEURE
Force majeure, (an unpredictable, uncontrollable, and unavoidable event affecting the execution of the contract), exempts the party invoking it from responsibility.
The non-performance of an obligation is justified if it is due to an impediment beyond the debtor’s control, and it could not reasonably be demanded of the debtor to avoid or overcome the impediment or its consequences.
14. DISPUTE RESOLUTION AND APPLICABLE LAW
The contractual relations between the parties are governed by the current legislation of the Republic of Moldova. Any dispute that cannot be resolved by the parties amicably will be submitted for resolution to the competent judicial authorities of the Republic of Moldova.
