1. Definitions

ExtraPlusEnergy - trade name of LDS Europe SRL

The platform - extraplusenergy and its subdomains are the property of LDS Europe SRL, based in Șag, str. A III-a, nr.22a, Timiș, registered at the National Office of the Trade Register under number J35 / 1546/2004, unique registration code RO 16444590

Seller - ExtraPlusEnergy

Buyer - natural person over 18 years / legal entity or any legal entity that has an Account approved in the platform and places an order

Client - natural person / legal entity that has or obtains access to the platform from any communication device (electronic, telephone, etc.)

User - any natural / legal person who visits and / or interacts with the extraplusenergy platform.

Account - A section of the platform consisting of an email address and a password that, after being approved by the Seller, allows the Buyer to send the Order and that contains information about the Customer / Buyer and the Buyer's history (these may be, but are not) expressly limited to Orders, tax invoices, goods guarantees, shopping lists, etc.)
Favorites - A section of the Account that allows the Buyer / User to save their desired product.

Order - An electronic document by which the Buyer transmits to the Seller, through the Platform, the intention to purchase products and services on the platform and through which a form of communication between the Seller and the Buyer is allowed.

Products and services - Any goods or services, including the documents and services mentioned in the Order, which are listed on the platform and to be provided by the Seller, the Buyer as a result of the concluded Contract.

Campaign - The act of displaying for commercial purposes a finite number of products with limited stock for a period of time determined by the Seller.

Contract - A contract concluded at a distance between the Seller and the Buyer.

Content - all information on the platform that can be viewed or accessed using electronic equipment.

Newsletter - A form of content with an electronic information character, sent by e-mail or SMS. Following the subscription, the customer receives information on the Goods and Services and / or promotions carried out by the Seller at a certain time.
Transaction - The collection of an amount resulting from the sale of a product by the platform, to the Buyer, by using the services of the processor, regardless of the delivery method.

2. Intellectual property rights and content

The content of the platform including, but not limited to, graphics, names, trademarks (such as: site and company name, symbols, images, texts, multimedia files) are the property of LDS Europe SRL and may not be taken and / or used without the prior written consent of the owner.

Visitors to this platform have the opportunity to copy information from it, to use it only for personal, non-commercial purposes and without deleting or modifying it. Modification or use of the materials on this site for purposes other than information or use as a customer, is strictly prohibited.

By accessing this platform, visitors agree that any name, logo, trademark or service mark, text, documents and media files presented on this site are owned by extraplusenergy and may not be used by the user except for informational purposes. or with the consent of the seller. Extraplusenergy will take legal action if intellectual property and copyright rights are infringed.

If Extraplusenergy grants the Customer / Buyer / User the right to use the content of the platform in a certain way, he will use it only for the purpose for which it was defined and for a period defined in the agreement.

Any use of the Content for purposes other than those expressly permitted by these Terms and Conditions or the accompanying use agreement, if any, is prohibited.

Any unauthorized modification of the platform is prohibited.

3. Limitation of liability

By accessing the platform you agree that the use will be at your own risk. Extraplusenergy is not responsible for any direct or indirect incidents or any other losses, costs or expenses of any kind that may occur as a result of accessing or browsing the platform or through data downloads (text, images, video or audio).

Also, extraplusenergy is not responsible for any damage caused by viruses, bugs, human actions or any failure of the computer system or any other errors, malfunctions or delays in communications in transmissions on devices.

Users are responsible for maintaining the confidentiality of their login details.

The Seller shall not be liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the Order and for damages resulting from the use of the Products and Services after delivery and in particular for their loss.

Extraplusenergy reserves the right to periodically update and modify the Platform Terms and Conditions.

4. Processing of personal data

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC EC (General Data Protection Regulation), extraplusenergy has the obligation to process in safe conditions and only for the purposes specified below, the personal data you provide us about you, a member of your family or another person.

The purpose of the processing of personal data is electronic commerce.
The categories of personal data, provided by the customer, when creating the account on the extraplusenergy platform are: name and surname, sex, telephone, email address, address (address / billing / delivery).

These data are mandatory and are necessary to complete orders. Your refusal makes it impossible to place an order.

The registered information is intended for use by extraplusenergy, as an operator, registered in the Register of personal data processing under number 34283, and is communicated only to the following recipients: the IT service provider that ensures the functionality of this site, central public authorities / local authorities, judicial authority, criminal investigation bodies and other institutions empowered by law to request information, payment processor, courier companies.

The courier companies through which extraplusenergy transports the goods ordered by you are Independent Data Operators, the purpose of data collection by them, in the contract with extraplusenergy being exclusively the fulfillment of orders, as well as legal purposes resulting from the application of national legislation in force and according to Authority requirements. National competent control, as appropriate.

According to Regulation (EU) 2016/679, you enjoy the right of access, rectification, deletion of data, restriction of processing, data portability, the right to object and the right not to be subjected to an automated individual process. At the same time, you have the possibility to address the National Authority for the Supervision of Personal Data Processing with its headquarters in Bucharest, G-ral Blvd. Gheorghe Magheru, Nr. 28-30, Sector 1, postal code 010336.

Further information on personal data processing activities can be obtained by consulting the Personal Data Processing section.

Your personally identifiable information will not be sold, exchanged, transferred or given to any other company, for any reason, without your consent. This does not include trusted third parties.

5. Privacy

Extraplusenergy will keep the information you provide confidential. The information will be disclosed only in accordance with this contract.

6. COOKIES

Please read the Cookie Policy which is part of this document.

7. User registration

The user of the platform has the possibility to register, by creating an account. To do this, you need to provide your first and last name, an email address, a phone number and a password. In case of losing the password, it can be recovered by accessing the section I forgot my password.

Creating a new account is done by accessing my account page, creating a new account and following the steps on the screen. After creation, the account requires the approval of the Seller.

8. Products and services

The list and characteristics of the products presented on the extraplusenergy platform can be changed at any time. The products are listed in different categories, depending on the field of use. Within a category, you will find the products corresponding to this category. More details about the listed products can be found in the product page. The information is accompanied by one or more informative images. Both the additional information and the images are informative and do not create obligations for extraplusenergy.

Extraplusenergy assumes no responsibility for product information or product images. For better information, we recommend that you carefully study the packaging and leaflets of the purchased products.

The price of the listed products can be viewed with all taxes included, including VAT or excluding VAT. If an ordered product is no longer in stock, extraplusenergy will inform the User / Customer / Buyer of this situation.

9. Stock availability

Extraplusenergy will display the stock of products on the site as follows:

• In stock - products that are in stock
• Out of stock - products out of stock
• In supplier's stock - products that are in the supplier's stock
• To order - products that can be brought to order
• Pre-order - the product is not in extraplusenergy stock nor in the supplier's stock. Extraplusenergy will contact the customer to provide an approximate delivery date for the product

Sometimes, there may be a situation where we fail to deliver the products even if they are in stock. For example, when preparing the order we notice that the product is damaged and is the last piece. In such situations, Extraplusenergy will inform the customer.

10. Price

The prices displayed on the extraplusenergy.com platform include VAT and all related taxes according to the legislation in force (the price without VAT can also be displayed next to it in both lei and euro). In case of displaying wrong prices, eXtraplusenergy reserves the right to cancel the delivery of the product, having the obligation to inform the Customer / User / Buyer.

To the displayed prices will be added the cost of transport that will be brought to the notice of the Customer / User / Buyer at the time of completing the order.

11. Placing Order

The Customer / User / Buyer can place orders on the platform, adding the desired products and services to the shopping cart and following the steps to complete the order by choosing the payment method.

ExtraPlusEnergy reserves the right to restrict the access of some Customers / Users / Buyers in order to place an order for justified reasons or on the basis of their conduct or activity that may harm in any way ExtraPlusEnergy.

By completing the order, the Buyer declares that all the data entered, necessary for the purchase process, are correct and current.

The Seller may cancel without explanation and no obligation the order placed by the Buyer with his prior notice.

When placing the order, the Buyer will receive a confirmation email and / or will be contacted via email and / or telephone to confirm the order.

The Buyer may withdraw from the Contract, without invoking any reason, within 14 calendar days. The return period, according to GEO no. 34/2014, is 14 days from the moment the Buyer takes possession of the ordered Product. If the buyer decides to withdraw from the contract, he will fill in the return form.

If the Customer / Buyer requests the withdrawal from the contract within the legal term of 14 days, the Customer / Buyer must also return any products received as a gift. If the order is paid, the Seller will have to return the amount of money within a maximum of 14 days from the date of the request for withdrawal from the contract. If the products have not been received by the Seller, the refund may be postponed until the products come into the Seller's possession.

The value of the order will be returned to the account indicated by the Customer / Buyer.

If the product is returned in a condition where it can no longer be sold as new (open packaging, missing accessories, damaged product, etc.), we reserve the right to charge a fee for restoring the good to its original condition or for to cover the price difference resulting from the sale of the product as resealed, or at the request of the Buyer we will resend the product, the delivery / transport costs being borne by the Buyer.

12. Products and services for which the right of withdrawal from the contract is not ensured

• Service contracts
• Products made according to the requirements / specifications of the Buyer
• Sealed products which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the Buyer
• Products with digital content
• Audio and video recordings
• Computer programs
• Newspapers and magazines
• Products that are by their nature inseparably mixed with other elements
• Products and services whose price depends on financial market fluctuations and which cannot be controlled by the Seller
• Other products according to current legislation

The return of used products or on which unauthorized interventions have been carried out, those that show traces of wear or use, scratches, shards, blows, mechanical shocks are not accepted.

13. Payment, transport and delivery of products

Payment can be made: online by bank card; OP by bank transfer; refund on delivery of products.

All banking transactions will be performed in a secure manner, the payment processor being the one that guarantees the protection of all personal data and information.

The tax invoice will be issued for each order and will accompany the delivered products and / or will be sent in electronic format to the email address specified by the Buyer.

When the order is prepared and delivered to the courier, the Customer / Buyer will be notified by email on how to deliver the products.

14. Quality and guarantee

The guarantee is granted to the Buyer based on the applicable provisions, respectively of Law 449/2003, Ordinance 9/2016 and of the Civil Code, except for resealed products.

In the case of durable products, a legal guarantee of conformity is granted on the basis of the Certificate of Guarantee.

In accordance with art. 11 of Law 449/2003, each Customer may request, in case of non-compliance, first of all the repair of the product, or has the right to request the replacement of the product, unless the measure is impossible or disproportionate. Replacement of products is possible only within the available stock.
Upon receipt of the goods, it is recommended that the customer ensure that the products delivered correspond in terms of quality and quantity to his expectations.

In the case of resealed products, the warranty period may differ.

15. Promotional codes and vouchers

ExtraPlusEnergy can issue promotional codes through various campaigns or Vouchers. They can be used for certain periods of time, only by individuals over 18 years of age.

Promotional codes and vouchers can be used only once.

16. Law applicable to the contract

The contract will be interpreted according to Romanian laws.

17. Force majeure

Force majeure is an event beyond the control of the parties, which is not due to their fault or fault, which could not be foreseen at the time of concluding the contract and which makes it impossible to execute and, respectively, fulfill the contract; such events are considered: wars, revolutions, fires, floods, epidemics / pandemics, crisis situations or any other natural catastrophes, restrictions arising from a quarantine, embargo, the enumeration not being exhaustive but enunciative.

Force majeure exempts the contracting parties from fulfilling the obligations assumed by this contract, for the entire period in which it acts.

The fulfillment of the contract will be suspended, during the period of action of the force majeure, but without prejudice to the rights that were due to the parties until its appearance.

The Contracting Party, which invokes force majeure, shall notify the other Party immediately and in full of its occurrence and shall take all measures available to it to limit the consequences.

If force majeure acts or is deemed to act for more than 15 days, each party has the right to notify the other party of the legal termination of this contract, without either party being able to claim damages from the other.

18. Litigation

This contract represents the will of the parties, is subject to Romanian law and is supplemented by the provisions of Romanian law in force. Any disputes related to the conclusion, interpretation, execution and termination of this contract will be settled amicably. If this is not possible, any dispute arising out of or in connection with this contract, regarding its validity, interpretation, execution or termination, will be resolved by the Commercial Arbitration Court attached to the Timiș Chamber of Commerce, Industry and Agriculture, in in accordance with its Rules of Arbitration Procedure. The arbitral award shall be final and binding on the parties.