PIATRAONLINE TERMS AND CONDITIONS
Company: ROCK STAR CONSTRUCT SRL
VAT number: RO22680005
Address: 137A Aleea Teisani, District 1, Bucharest, Romania
Phone: +40318.222.333
E-mail: export@piatraonline.com
I. General provisions
General terms and conditions indicated below shall apply to all sales by ROCK STAR CONSTRUCT SRL (hereinafter referred to as "Seller" or "RockStar") on www.piatraonline.com to Buyer, a natural person or legal entity – as the case may be – (hereinafter referred to as "Buyer"), for the products available on Seller's website and associated services provided by Seller (e.g. Delivery services). Products subjected to trade and available on the website will be hereinafter referred to as "Goods".
By accepting online terms of sales (checkbox “I have read and agree to PIATRAONLINE’s Terms and Conditions" before launching an order/payment) between Buyer and Seller, Buyer expressly agrees Terms and Conditions indicated below and their full compliance.
By using, accessing or browsing this website, visitors and users accept and agree to be bound, without limitation or qualification, by these Terms and Conditions.
II. Description of Goods
All descriptions, specifications, advertisements, images (both printed and available on Seller's website) and samples dispatched by courier or offered in Seller's showroom are for the purpose of giving an approximate representation of the Goods only. Buyer acknowledges that the Goods are natural and geological variations will occur in terms of color, markings, texture, size and between consignments, which are beyond the Seller or its suppliers’ control.
Upon considering the specific of products (natural stone) Buyer expressly states that understands, has been informed and accepts the following:
a. all descriptions, images (both printed and online) and samples dispatched by courier/offered in the Seller's showroom are for the purpose of giving an approximate representation of the Goods only
b. because the Goods are natural, geological variations will occur in terms of color, markings, texture, size and between consignments
c. all types of natural stone are porous to some degree and should be sealed
d. Some Goods may easily be scratched and/or be subjected to natural pitting/chipping, therefore we recommend taking maximum care when handling and transporting natural stone
e. the percentage of flaws or cracks from an order is usually between 1 to 5% of the quantity
delivered, without any responsibility from the Seller whatsoever. If this already mentioned percentage is exceeded, Seller undertakes to replace broken or damaged products that exceed the range of 1-5%, if and only if the damage is identified as Seller’s fault.
III. Prices
Prices are based on current cost of products sold without VAT. VAT is added at the time of placing an online order, according to its value at the time of placing the order.
No product has delivery charge included. Products delivered to the address specified by the will include delivery charges plus VAT.
Seller reserves the right to change the prices displayed on the website, without any obligation of prior notice for the intent to change. However, Seller shall not alter in any situation the active orders and prices that were charged in advance from Buyer.
If the price of products ordered but not been charged in advance from the Buyer is subjected to change, Seller shall send a notice to inform the Buyer, which will be able to withdraw by sending a notice to the Seller within 48 hours from receiving notification about the price change.
For products which are not standard and are therefore specifically ordered for Buyer or were specific fabricated for Buyer, it will be charged an additional fee of 40% from the total cost of the order dispatched to the Buyer (the not standard parts implies elements that do not have the shape of a square or rectangular, which is different from an order usually sent by the Seller to the Workshop for cutting).
The price of the ordered product is the one indicated at the time of placing the order, confirmed by the Seller and valid for 24 hours from its notification. To maintain the validity of the reservation, the Byer agrees to pay in advance within the validity period mentioned above. Otherwise the reservation will be canceled, and the product will return in stock, available for sale. The price confirmed at the time of placing the order, will include all applicable taxes and delivery charges, if good need to be delivered by the Seller. The deliver cost is specified individually in the order / proforma invoice.
A. Payment
Payment is required on placement of an order / pick up from the showroom / warehouse.
For products that are not in Seller's stock and subjected to special order (delivery) the Buyer shall pay an advance of 40% from the order price when placing the order and the remaining price will be paid by the Buyer to the Seller at least two (2) days before the date announced for delivery.
Payment by the Buyer to the Seller's bank account will be considered valid only after the receipt of funds in the Seller account.
B. Availability of goods / products
If the goods are in stock in our warehouse, it will be released from warehouse for delivery within 2 working days, excluding the order day. Goods delivery depends on the delivery method selected by Buyer.
If the products are not in Seller's stock for any reason, Seller shall notify the Buyer about this, providing an anticipated date on which products will be available for delivery.
Seller shall not be liable and will not owe any damages or compensation in the event Buyer's goods are not available to be delivered at the time of placing the order by the Buyer.
II. Technical steps to conclude the contract
By using the menu for categories and subcategories, Buyer browses for a product according to his/her desires and needs. A search for products can be also made by using the search field on the website.
A. Selecting a product
To add the product to your shopping cart, click on "add to cart" button
After adding a product to the cart, the Buyer will be redirected to the shopping cart, where he/she can update the quantity of products added to the cart or remove products from the shopping cart. Buyer has the option of completing the order from the basket or returning to the store to continue shopping.
Delivery charge is added automatically to the order price. Delivery charge depends on the delivery method chosen by the Buyer and the city of destination.
B. Placing the order
A Buyer who has already signed up for an account, can log in with the email address and password and use the delivery and billing information from the account.
If Buyer does not have an account, he/she can create one by filling the required data or has the option of choosing "Place an order as a guest, without the need to sign up for an account".
C. Billing
In the next stage, the Buyer will have to fill in the billing information. Buyer has the option of placing an order as natural person, or as a company.
If billing address is not the same as the delivery address, Buyer needs to uncheck the option "The invoice address and delivery address are identical" and fill in a new delivery address.
D. Choosing the method of delivery
When completing an order, the Buyer has the option to choose the delivery method.
There are three delivery methods available for Buyers:
- Delivery with Buyer’s car fleet and partners
- Delivery with an independent delivery company for specific products
- Personal collection of goods from Seller’s showroom/warehouse, located in 137 A, Aleea Teisani, District 1, Bucharest, but only by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing).
E. Choosing the payment method
Based on the method of delivery, Seller offers the following payment methods:
- Online payment by card (debit or credit), transaction with 3-D Secure protection, implemented by mobilpay.ro
- Bank payment order
Based on the information provided by the Buyer, Seller will issue an invoice for delivered goods.
F. Check-out
After the Buyer has decided on a method of delivery, payment and agreed by checking "I agree with the terms of online sale the use of techniques for online communication", he /she will have to click "submit order" button and the order will start being processed. After submitting the order, the Buyer will receive an email confirmation from the Seller. Later, the Seller will send an email for confirmation the processing of order placed by the Buyer.
Once the order is launched online, Buyer agrees with any form of subsequent communication (by phone or e-mail) as well as the operation methods of the Seller. Any order confirmed by the Seller also includes the agreement for a remote sales contract between the Buyer and Seller.
The moment of agreement with the remote sale contract with a natural person or a company is considered effective from the moment the confirmation message is received from the Seller.
III. The opening hours. Delivery.
Orders can be placed online 24 hours per day 7 days per week, however processing time for orders is from Monday to Friday between 9-18. Orders placed on Saturdays, Sundays and holidays will be processed the next working day.
The opening hours are 9 to 18 from Monday to Friday and Saturdays from 10.00 to 15.00 (GMT +02:00 Europe)
A. Delivery time
Goods ordered, if possible, will be released from the warehouse for delivery usually within 2 working days, excluding the day the order has been made and will only be dispatched to the address specified by the Buyer. Delivery time depends on the delivery address indicated, weather conditions and other factors and will be communicated by Seller to Buyer. Delivery will take place normally from Monday to Friday between 9.00 and 18.00 (GMT +02:00 Europe).
The delivery time decided for the delivery of goods are approximate and Seller shall not be responsible for any delay, regardless of what caused it. Goods can be delivered by Seller prior to the time decided for delivery, by undertaking prior notice to Buyer.
If Seller is unable, for whatever reason, to send the goods ordered by the Buyer (and in stock) within 14 days from placing the order, the Buyer has the right to cancel the order and Seller shall reimburse any amount of money paid by the Buyer for these products. Seller shall not be responsible for any losses incurred by the Buyer for deliveries delayed or for being unable to perform delivery for reasons related to the Buyer.
If the Buyer or his responsible person is not at the Delivery address at the time of delivery, making it impossible to hand over the Goods by delivery personnel, return costs will be paid by the Buyer to the Seller within 5 days of the corresponding invoice.
If the Buyer shall make a request for a re-delivery, the Buyer must pay to the Seller a new delivery cost before the delivery.
The buyer is legally late on the obligation regarding the delivery of goods terms indicated below, those being calculated as follows:
- maximum 7 to 10 days for goods on stock at the date of order payment
- 5 days for special (cut-to-size) orders, from the date Buyer was notified of the order ‘s arrival in Seller’s warehouse / showroom.
If, for any reason imputable to the Buyer, delivery does not comply with the due date, the Buyer agrees to pay the Seller 0.5% of the total order price per day of delay by way of penalty contract.
B. Delivery schedule. Technical conditions
All deliveries are made using heavy vehicles, over 1-ton weight. The Buyer is totally responsible for the ability to transport products on his/her property at the time of delivery.
Seller is obliged to deliver by charge, and buyer is obliged to collect the goods under the conditions agreed and established when placing the order. Delivery charges are determined by destination, quantity, tonnage and specifications of Buyer and shall be communicated with the proforma invoice associated with the order, based on the coordinates indicated by the Buyer upon placing the order.
Deliveries are made from Monday to Friday, between 9 and 18. The buyer may specify a preferred delivery date, in case of longer periods than those indicated by the Seller, and Seller will adjust the delivery depending on Buyer's program at no extra cost. However, the products are delivered or collected by the Buyer at a maximum of 5 days from the time of informing the Buyer of goods availability for delivery or collection by the buyer.
Buyer must make Seller aware of any access restrictions or difficulties for a heavy vehicle at the time of indicating the delivery address. The Buyer must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the offload and sign for the Goods. Delivery charges are paid by Buyer and delivery is Seller’s responsibility, at the address indicated by the Buyer. The cost of delivery is in addition to the Price and subjected to VAT. If Seller is not able to deliver the Goods as a result of Buyer not being able to comply with the obligations under these terms, the Goods will be retained by the driver and Buyer will be responsible for any re-delivery or storage charges. Seller shall not be liable and will not be responsible to Buyer for any damages or compensations for non-delivery of goods in time or denial of delivery.
For such situations, The Goods will be offloaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerb side. The driver will not handle the Goods further.
C. Examination and acceptance
The goods are examined before departing the showroom and at offloading place for delivery at the address indicated by Buyer.
Buyer must inspect the goods on delivery or collection (as the case may be) to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, Buyer must notify Seller within 48 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the Price (at Seller option), which will be Buyer sole remedy.
Any good damaged / missing, will be recorded directly on Packing List section for mentions and Buyer will not accept the offloading of the damaged products without prior noticing this to Seller by phone and sending proving pictures by email. Seller undertakes to replace / substitute products damaged / missing within 5 days from the date of being notified by the Buyer if the products are in stock or not subject to special orders. Any subsequent complaint will not be accepted. Any defect, inconsistency, or missing part needs to be notified at the offloading and acceptance of Goods and subsequent complaints will not be accepted. Seller shall not be liable and will not owe any damages or compensation for situations in which products are damaged as a result of any actions of the Buyer during offloading operations associated with the delivery of products.
Buyer has the option to collect the goods from Seller’s showroom/warehouse, located in 137 A, Aleea Teisani, District 1, Bucharest, but only by prior arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing).
The percentage of goods accepted with minor flaws / cracks or scratches is between 1 and maximum 5% of the quantity delivered.
IV. Promotions validity
- limited time periods specified on the online presentation page for products
- for as long as stocks last
RockStar cannot be held responsible for damages caused by information published in the online shop by error or on partner websites.
RockStar reserves the right to complete and / or modify any information from the online shop without notice to site users.
RockStar reserves the right to contact the website visitor by email or phone if after the interaction with the site the visitor fills in the identification and contact forms and specifically requests any type of information available.
V. Privacy
Buyer will not disclose to third parties, by any means, any information of a private nature sent from Seller, under penalty of coercing the Buyer to pay damages.
Seller reserves the right to use information provided by Buyer in order to complete the contract. Buyer also will not make public to any third party any information regarding the order without the written consent of the Seller.
Seller reserves the right, based on prior consent of the user, to store and use in its own interest any information provided by Buyer through PIATRAONLINE site, in order to implement marketing activities, information, billing or any related activity.
Seller will not also provide to any third-party the information received from Buyer, excepting the agreed service providers that signed a contract by which these are obliged to protect the data received from Buyer.
When using Seller's website, the user / Buyer will provide the Seller personal information that will be used only for completing the order, for delivery, in case of any questions that may arise and to inform Buyer about any special offers or new product ranges.
VI. The property transfer
The ownership of the Goods will not pass to Buyer until Seller receives full payment of the Total Price of Goods, and transfer of risks associated with the Goods will operate at the actual delivery date to Buyer.
VII. Exercising the right of withdrawal. Acceptance of goods and return policy.
Buyer can refuse the delivered goods if they do not comply with the technical details specified in the order. In this case Seller will make available replacement Goods.
A natural person Buyer has the right to notify Seller of withdrawing from the purchase contract, without penalty and without giving any reason within 14 calendar days of receiving the product. This is a contractual provision applicable only to natural person Buyers who may return the product (s) within 14 days. The right to withdrawal from a purchase contract within 14 days can apply only to products ordered and purchased online, either delivered by Seller or collected by Buyer from showroom.
The reception date of the products is the date Buyer receives the good with the delivery company. This date can be checked and proved by documents handed by delivery company.
The returned goods must be in the condition in which they were delivered (original packaging with all accessories and documents attached).
Buyer is liable for the cost of returning the goods to Seller. The additional costs represent all costs (transport, delivery, products diminished value due to handling, other than those necessary to establish the features and good operation of products, postage or any other additional cost) which will be charged to buyer upon exercising the right of withdrawal.
Return of goods should not exceed 14 days from delivery, based on the return form found on this page, and for being considered the Return Form should be sent no later than in the 14th calendar day from the date of product delivery.
Seller has a 14 calendar days period for product refund, counted from the day of reception of goods in the RockStar warehouse and Buyer must provide a valid bank account for refund.
Based on the method of delivery chosen by Buyer, the amount refunded will deduct the price paid by Buyer for transportation and delivery costs. The refunding, in the event the buyer does not want a replacement, is completed by bank transfer into the account indicated on the Return Form by Buyer.
Products cannot be returned in the following situations:
- after exceeding the 14 days calendar period from reception date
- are part of special (cut-to-size) pieces from our Stairs / Window sills / Countertops Product Range
- comply with the technical specifications specified in the order
- were the subject of a special order
- were the subject of a final stock sale, with special discounted prices
- goods purchased from showroom with minor flaws that were accepted by Buyer and for which Buyer benefited from a corresponding reduction in price
- good customized to Buyer demand
- goods produced according to Buyer's specifications
- goods with visible signs of impact or damage
- goods with visible signs of wear.
Products will mandatory be returned in original packaging (packaging in which those were delivered), with all accessories and labels intact (no traces of use, damage, impact), the products are undamaged, unused, shows no adhesive residue or other such substances. Products are returned in the packaging unit (package, wooden crates, bags, boxes, etc.), and will be accompanied by all the accessories attached with the delivery and invoice.
Failure to comply with the above conditions and placing the product by any means in a poor condition for re-selling leads to denial of return.
For the products collected by Buyer from the showroom / warehouse, for which he/she was able to directly check the quality and specifications of goods, the return conditions specified in this section are not applicable.
For both online orders and those placed in Seller's showroom, the return of goods will be done in full for a specific position of the invoice and there are not accepted partial returns from a specific position of the invoice.
The full reimbursement is accepted only if the products are in proper condition. Damages caused by Buyer or by misusing the product shall be liable to the Buyer, and the products will not be subjected to return. If the product has been used by the Buyer and cannot be returned in proper condition, ROCK STAR CONSTRUCT SRL will not refund the money.
VIII. Force majeure
Neither the Buyer nor the Seller shall be liable to one another for failure to enforce the obligations of this Agreement if such failure was caused by force majeure.
In the event of a force majeure, the party interested in invoking such provision must first take all measures reasonably necessary to remove the consequences of force majeure and occurrence of force majeure shall be notified to the other Party within 5 days. Violation of these duties remove the effects of the force majeure on the Agreement, the guilty party being liable for the failure to comply with its obligations.
If the effects of the force majeure will last longer than 90 days, either party has the option of unilateral termination of the Contract, with no penalty to either party.
IX. Litigation. Applicable law
Any disputes arising between Buyer and Rock Star Construct SRL will be settled amicably.
If this is not possible, the settlement will return to the competent courts in Bucharest, Romania.
Legal regulations on answering any claims:
1. For any order problems that do not seem to be resolved via e-mail or discussion with Buyer sales person, Buyer is asked to send an email to export@piatraonline.com Reply within 24-48 hours (except weekend and legal holidays).
2. Product return form - click here
3. Online Dispute Resolution:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=RO
X. Warranty compliance
For products sold by Seller to Buyer, as individual, a legal compliance of 2-year warranty is granted according to GEO 34/2014.
All products benefit from this warranty, according to Law 449/2003. Conditions of granting the warranty are different, depending if the Buyer is a natural person, or a company. Therefore, the warranty will be granted differently, under special legislation regarding products warranties, respectively, under the Civil Code.
To qualify for the warranty, Buyer should provide the original invoice.
Buyers experiencing difficulties or wish to make a complaint or referral are asked to fill out a complaint form or call Support Service at phone number +40318.222.333 or by email at export@piatraonline.com for solving the situation.
XI. NOTIFICATION ON PERSONAL DATA PROTECTION
Personal data is collected by many ways and specific tools such as: management newsletter application from website, when checking the option to subscribe to the newsletter in the shopping cart, when accepting to enter the database as a result of participating users in various contests or advertising lotteries organized by RockStar or via the many subscription forms available on the website or Seller showroom
Data to be stored in RockStar database include name and surname, email address, phone number and address.
By opting to subscribe to the newsletter, RockStar website users will accept by default the storage and processing of their personal data.
Purposes for data processing include information about the placed order by Buyer on the RockStar website, RockStar information about products and promotions or any other promotions or activities performed by RockStar, statistical reports.
RockStar agrees that personal data will not be disseminated to third parties, except marketing and other services partners, agreed by RockStar and under contract with RockStar with the obligation to protect such data.
Users can unsubscribe from receiving the newsletter when they no longer want the processing of personal data by checking the "unsubscribe".
According to Law no. 677/2001 on the protection of individuals regarding the processing of personal data and the free movement of such data, amended and supplemented, and the Law. 506/2004 regarding the processing of personal data and privacy in electronic communications, Rock Star Construct SRL has the obligation to manage safely and only for specified purposes the personal data you provide about yourself, a member of your family or another person.
The purpose of data collection is for accounting and tax invoice, marketing activities / sending newsletters by Seller database from which you can unsubscribe at any time.
Buyer undertakes Seller to supply the data necessary for billing. Buyer's refusal to provide these data determines order's cancellation.
Do you wish to receive information about products, services, events etc. offered by PIATRAONLINE / ROCK STAR CONSTRUCT SRL?
□ YES □ NO
According to Law no. 677/2001, buyers / users / visitors have the right to access and modify the data, the right not to be subjected to an individual decision and the right to go to court. Also, they have the right to oppose the processing of their personal data and request deletion of data *. To exercise these rights, buyer may submit a written, dated and signed request sent by email: export@piatraonline.com or directly to Seller: 137A, Aleea Teisani, District 1, Bucharest. Also, Buyer has the right to go to court.
If some data is incorrect, please let us know as soon as possible.
The right of access can occur only once a year free of charge, by sending a written request to the Seller, by e-mail export@piatraonline.com
XII. Copyright. Limitation of Liability
All content from www.piatraonline.com (including, but not limited to) text, graphics, visuals, products, ideas, pictures, videos, sounds are owned by Rock Star Construct SRL, with the following identification data: Taxpayer Identification Number (TIN) no. RO 22680005, Address: 137A Aleea Teisani, District 1, Bucharest. RockStar does not guarantee that the website www.piatraonline.com and its contents do not contain errors or its entire content is 100% accurate and valid. It is not allowed under any circumstances that content from www.piatraonline.com is copied and used for commercial purposes. For any complaints / problems / suggestions related to copyright, please write us an email at export@piatraonline.com you will receive an answer within 24-48 hours (except weekend and legal holidays).
Any error or omission, typographical or editorial appearing in the literature for sale, offers, price list, invoice or other document or information issued by the company will be corrected without any liability of Seller.
Graphic marks, names, brands (such as, for example, the site name and the company RockStar) are RockStar property and cannot be taken and / or used without the prior written consent of the owner.
User will not copy, distribute, retrieve, or publish for commercial purposes any information contained in RockStar website, without the prior written consent of the site's owner.
Any unauthorized modification of the site is strictly prohibited.
RockStar is the owner of all intellectual property rights or copyright of the website or over the trademarks, design, website functionalities, images and technical specifications.
Characteristics of products and their related technical documentation from the website are provided by manufacturers and suppliers, and RockStar offers technical support for their display.
RockStar is not liable for damage caused, by reasons which exclude its fault, by the malfunction of website as well as those resulting from the impossibility of accessing website pages (ex. damage of the internet network).
