Terms and Conditions

This document sets out the terms and conditions ("Terms") governing access to and use of the website available at the URL aresshield.ro as well as the conditions for purchasing the Products and/or Services sold through the online store accessible at the same web address ("the Store") ..

These Terms are an agreement between you, as a user who accesses or purchases products and/or services from our Store ("you", "user" or "Buyer") and ARESSHIELD S.R.L., with registered office at STR. AVRAM IANCU, BL.9, ET.8, AP.50, Petroșani, Hunedoara, registered with the Trade Registry under no. J2024000495202 and having tax ID (CUI) 49856767 ("we", "the Company" or "Seller").

Please read these Terms carefully, as they contain important information about your rights and obligations. To purchase products and/or services from the Store you must expressly accept these Terms by ticking the corresponding box. These Terms also apply if you merely access the Store (without purchasing a Product or Service). If you do not agree with the provisions of this document, please do not continue to use / access this Store and do not place orders from the Store.

We reserve the right to change these Terms at any time. If we make changes, we will publish the updated version of the Terms in the Store and inform you accordingly. Any change to the Terms applies from the date on which it is made.

Placing an order in the Store is subject to the Terms in force on the date the order is placed, which you must expressly accept.

1.              DEFINITIONS

In this document, the words defined below have the following meanings:

a)     The Company, Seller, or we – have the meaning given in the preamble;

b)    Order – the electronic document used as a form of communication between the Seller and the Buyer, by which the Buyer expresses the intention to purchase products and/or services and agrees to pay for them, under the conditions of these Terms;

c)     Contract – the document formed between the Seller and the Buyer when the Seller confirms the Order, whose clauses are governed by these Terms and, secondarily, by the applicable legislation;

d)    Buyer, user or you – have the meaning given in the preamble, namely any natural or legal person who accesses, browses or purchases Products and/or Services through the Store;

e)    Party / Parties – individually, either the Buyer or the Seller; and, collectively, the Buyer and the Seller;

f)      Product and/or Services – any good and/or service offered for sale by being displayed in the Store.

2.              CREATING AN ACCOUNT

In our Store, you have the option to create an account. However, you can purchase Products and/or Services without an account.

To create the account, you will need to provide certain information about yourself. This information must be accurate, current and complete. All personal data you provide to us is processed in accordance with the personal data processing policy.

When using the account, you must take the following safety measures: (i) choose a strong password; (ii) keep your account information up to date, promptly and as applicable; (iii) protect your account data and access to your account.

If you become aware of any unauthorized use of your password or account data, you must notify us immediately.

You understand and agree that you are responsible for all activities carried out in your account and, to the maximum extent permitted by law, you accept all risks of any authorized or unauthorized access to your account.

3.              THE ORDER

Placing the Order

By accessing the Store, you can view the Products and/or Services offered for sale together with information about their characteristics. The presentation of the Products and/or Services in the online Store is not a legally binding offer, but merely a non-binding online catalog. Because the Store may be accessed by a large number of people at the same time, the mere display of a Product in the Store does not mean that the Product physically exists in stock.

To buy the Products and/or Services from the Store, you must follow a series of steps:

a)     Selecting the desired Products and/or Services and configuring their specifications from the available options.

b)    Adding the Products and/or Services to the shopping cart; this action does not automatically reserve the selected Product and/or Service, and it may no longer be in stock between the time it is added to the cart and the time we confirm the Order.

c)     Completing the Order by providing your personal information and delivery method, selecting a payment method from those available and making the payment in one of the ways we indicate; this action does not automatically mean purchasing the selected Product and/or Service, as the Seller's confirmation of the Order is required for the purchase.

Order Confirmation

Once an Order is completed, the Company will notify the Buyer of the confirmation and acceptance of the Order.

Purchasing a Product and/or Service from the Store means entering into a contract between you, as Buyer, and the Company, as Seller.

The Contract is considered concluded between the Parties when the Company sends the Buyer a notification accepting the Order.

Order Refusal

The Company may refuse an Order placed by you, without any further obligation of either Party towards the other and without either Party being able to claim damages from the other, in the following cases:

●               Failure to make payment, for whatever reason; for example, (i) because the card issuer bank does not accept the Buyer's card or the transaction; (ii) because the transaction is invalidated by the payment processor approved by the Seller; (iii) because payment is not made by bank transfer or cash on delivery;

●               the data provided by the Buyer is incomplete and/or incorrect, in which case you will be refunded (if you have already paid); in this case, the Company may first request that the data be corrected;

●               The Company reserves the right to contact the Buyer by phone and/or email in order to verify and confirm the Order, especially where there are reasonable doubts about the authenticity of the Order, the accuracy of the data provided or the genuine intention to purchase. If the Buyer cannot be reached within a reasonable time or refuses to confirm the Order, the Company reserves the right to cancel the Order, without any further obligation towards the Buyer. For orders paid in advance, the amounts will be refunded in accordance with the Returns Policy;

●               The selected Products are not in stock, in which case you will be refunded (if you have already paid);

In the above cases, the Contract will terminate, if by that time the Seller has already accepted the Order.

4.              PAYMENT and INVOICING

All Products and/or Services displayed in the Store come with their price, which is expressed in lei (RON).

We have the right to offer price discounts. In this case, we will inform you accordingly, and the discount will be applied in accordance with the conditions set by the Seller.

Completing the Order requires payment of the total price of the Products and/or Services in the shopping cart. Payment can be made online by bank card or by cash on delivery.

The Company cannot be held liable for any other additional costs incurred by the Buyer, including but not limited to fees charged for processing the payment order or currency conversion fees applied by the card issuing bank, where the currency of issue of the card differs from the currency in which payment is made.

Payment is made either through the services of a third-party provider, payment processor and/or through banks and/or through couriers (in the case of cash on delivery). You understand and agree that we do not provide those services and cannot control them. We will not be responsible or liable for any claims, damages, payments, deficiencies, fines, judgments, debts, losses, costs and expenses arising from or related to the use of those payment services.

We will issue an invoice for the ordered Products and/or Services to be delivered, and you are obliged to provide all the information needed to issue the invoice in accordance with the legislation in force. The invoice for an Order will be sent in electronic format to the email address provided when the Order was completed.

5.              DELIVERY

The Products will be delivered by us by courier. Delivery of the Products can only be made within the territory of Romania. Under the conditions indicated in the Store, the delivery cost will be included in the Order price or added to the Order price. When the Seller confirms the Order, you will also be informed of the delivery time.

6.              RETURNS POLICY

This section applies only to consumer Buyers (natural persons), in accordance with the legal provisions.

Right of withdrawal

Under the legal provisions in force, you have the right to withdraw from this Contract, without giving any reason, within 14 days, calculated as follows:

●               from the date the Contract is concluded, in the case of the provision of Services;

●               from the day on which you or a third party other than the carrier, indicated by you, take physical possession of the Products;

●               from the day on which you or a third party other than the carrier, indicated by you, take physical possession of the last Product, in the case of a single Order for several Products that will be delivered separately;

●               from the day on which you or a third party other than the carrier, indicated by you, take physical possession of the last part / last item, in the case of delivery of a Product consisting of several lots or parts;

●               in the case of contracts for the periodic delivery of Products over a fixed period of time, from the day on which you or a third party other than the carrier, indicated by you, take physical possession of the first Product.

To exercise your right of withdrawal you must inform us (using the contact details published in the Store) of your decision to withdraw from this Contract by means of an unequivocal statement, for example a letter sent by post, fax or email. For this purpose you may use the withdrawal template below; however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Effects of withdrawal

If you withdraw, we will reimburse the amount we received from you, including the costs of the initial delivery, except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery we offer, without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this Contract.

We will make this reimbursement using the same payment method as the one used for the initial transaction, unless you agree to a different reimbursement method; in any event, you will not be charged any fees as a result of such reimbursement. We may defer the reimbursement until we have received the Products back or until you have provided proof that you have sent the Products back, whichever is earlier (unless we collect the Products ourselves).

Unless we collect the Products ourselves, send the Products back without undue delay and in any event within 14 days at most from the day on which you communicated your withdrawal to us. The deadline is met if the Products are sent back before the 14-day period expires. You will have to bear the direct cost of returning the Products, unless we expressly inform you that we will bear it.

In the case of digital content or digital services, you will refrain from using their content and from making it available to third parties.

Diminished value of the Products

You are liable for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, qualities and functioning of the Products. The Seller reserves the right to withhold part of the Product's value, an amount that will be communicated after the damage has been assessed, for Products returned with signs of wear, scratches, impacts, mechanical or, as the case may be, electrical shocks, or missing accessories resulting from handling the Products other than to establish their nature, qualities and functioning.

Model withdrawal form

This form should be completed and sent back only if you wish to withdraw from the Contract – To: ARESSHIELD S.R.L., with registered office at STR. AVRAM IANCU, BL.9, ET.8, AP.50, Petroșani, Hunedoara, registered with the Trade Registry under no. J2024000495202. – I hereby give notice that I withdraw from my contract for the sale of the following products / services(*) – Ordered on *)/received on *) – Name of consumer – Address of consumer – Signature of consumer(s) (only if this form is notified on paper) – Date

Return conditions

All returned Products must be accompanied by all accessories. The Products must be packed appropriately, so that they can be handled and transported safely.

Exceptions to the right of withdrawal

The following are exempt from the right to withdraw from the Contract:

●               contracts for the provision of Services, after the services have been fully performed and where the Contract gives rise to a payment obligation for the Buyer, if performance began with the Buyer's prior express consent and after the Buyer confirmed that they are aware that they will lose their right of withdrawal once the Seller has fully performed the Contract;

●               the supply of Products or Services whose price depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;

●               the supply of Products made to the Buyer's specifications or clearly personalized;

●               the supply of Products which are liable to deteriorate or expire rapidly;

●               the supply of sealed Products which cannot be returned for health protection or hygiene reasons and which have been unsealed by the consumer;

●               the supply of Products which, after delivery, are by their nature inseparably mixed with other items;

●               the supply of alcoholic beverages whose price was agreed at the time of concluding the Contract, whose delivery cannot take place before 30 days and whose actual value depends on market fluctuations which the Seller cannot control;

●               contracts where the Buyer has specifically requested the Seller to visit their home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Seller provides Services other than those expressly requested by the Buyer or supplies Products other than spare parts indispensable for carrying out the maintenance or repair work, the right of withdrawal applies to those additional Services or Products;

●               the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;

●               the supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications;

●               the supply of digital content which is not delivered on a tangible medium, if performance has begun and, where the contract gives rise to a payment obligation for the Buyer, if (i) the Buyer has given prior express consent to the start of performance during the withdrawal period; (ii) the Buyer has confirmed that they are aware that they will lose their right of withdrawal; (iii) the Seller has provided confirmation of the conclusion of the Contract.

7.              WARRANTY

You benefit from the legal guarantee of conformity, in accordance with the applicable legal provisions. If the Products are not in conformity, you have the right (strictly under the conditions provided by the applicable legislation) to request that the Products be brought into conformity (by repair or replacement), a proportionate reduction in price, or termination of the Contract.

The Seller assumes no liability for the performance and consequences of handling, transport, assembly and installation services carried out by third parties, where the product was damaged or the manufacturer's / Seller's instructions were not followed. The Seller assumes no liability for the consequences of incorrect use or maintenance of the Products due to failure to follow the manufacturer's / Seller's instructions.

8.              COMMENTS, REVIEWS AND FEEDBACK

Buyers who have purchased Products and/or Services from the Store will be able to post comments and reviews about them and send us feedback ("Content"). In certain situations, this Content may be published in the Store, and the Buyers' consent to this constitutes a non-exclusive, royalty-free, worldwide license, unlimited in time, to reproduce, publish, transmit and distribute the Content.

If published, the Content will be visible to all users of the Store. Responsibility for the accuracy and truthfulness of the information, data and messages lies exclusively with the Buyers. We assume no obligation to investigate the truth of what is stated, or to monitor or verify the accuracy, completeness or compliance with the legislation in force of users' comments and the content they publish.

In view of this, you agree not to create, transmit and/or distribute any Content that:

●               is unlawful or would constitute, encourage or provide instructions for a criminal offense, or violates the rights of any Party, violates any national or international law, or otherwise causes any harm;

●               is defamatory, profane, obscene, pornographic, sexually explicit, indecent, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, abusive, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;

●               is spam or constitutes any other form of unsolicited advertising, promotional materials or commercial messages, except in spaces where this is expressly permitted;

●               in which a user impersonates another person or entity or falsely creates an affiliation between you and a person or entity;

●               may infringe a trademark, trade secret, copyright or other intellectual property right;

●               contains any statements, remarks or claims that do not reflect your sincere opinions and experiences;

●               is designed to deceive or trick users of the Store;

9.              USER CONDUCT

You are solely responsible for your own behavior while accessing and using the Store. You agree to use the Store only for purposes that are lawful and in accordance with these Terms and any applicable laws or regulations. You agree that you will not engage in, or allow any third party to engage in, including but not limited to, any of the following:

●               using the Store for any unlawful or unauthorized purpose, or engaging in, encouraging or promoting any unlawful activity or any activity that violates these Terms or any other rules or policies established by us from time to time;

●               using the Store to violate the legal rights and legitimate interests of others;

●               using any robot, algorithm or other automated means or interface not provided by us to access the Store or to extract data;

●               attempting to indicate in any way that you are affiliated with us, unless we have expressly consented to such conduct;

●               uploading, sending, distributing or disseminating any Content that could be construed in any way as defamatory, unlawful, fraudulent, obscene, harassing or objectionable;

●               indicating that you are any other person by any means (for example, by using an email address, name, pseudonym or otherwise);

●               exploiting the Store for any unauthorized commercial purpose;

10.           INTELLECTUAL PROPERTY

Unless otherwise indicated, all elements of the Store, all content and other materials in it are owned by us (or, where applicable, our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, images, systems, information, data, methods, program code, services, all other elements and any other documentation or ancillary materials provided ("Store Content") are owned by us or our licensors and are protected by copyright, trademarks, trade secrets and any other intellectual property rights.

You may use the Store exclusively for the purposes provided in these Terms. However, the following is not permitted:

●               using any algorithms, robots or similar methods of data collection or extraction;

●               assigning, licensing or sublicensing the Store Content;

●               removing, altering or obscuring any copyright, trademark or other proprietary rights notices included in the Store or in the Store Content;

Any use of the Store or the Store Content other than that expressly authorized in these Terms, without our prior written permission, is strictly prohibited. Unless explicitly stated by the Company, nothing in these Terms shall be construed as granting any license to intellectual property rights.

11.           DISCLAIMER

We do not guarantee that the Store will meet your requirements, that its use will be uninterrupted, secure or error-free, or that the Store does not contain harmful components such as viruses.

12.           CHANGES TO THE STORE

We may, at our discretion, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any part or functionality of our Store.

In no event shall the Company be liable for restricting or disabling access to any part or functionality of the Store.

13.           ASSIGNMENT

The Company may assign these Terms and/or any or all of its rights, or delegate any and all of its obligations under these Terms, without your consent. All provisions contained in these Terms extend to and shall be binding on our successors and assigns.

14.           PERSONAL DATA

Please see our personal data processing policy for information on how we collect, use, store and disclose your personal data.

15.           SEVERABILITY

If any provision of these Terms is held to be unlawful, void or, for any reason, unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

16.           FAILURE TO ENFORCE

Failure to enforce any of the provisions of the Terms in certain cases does not constitute a waiver of the right to enforce those provisions in other cases.

17.           GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of Romania. Any dispute arising out of or relating to these Terms or to the Services provided by the Company shall fall within the jurisdiction of the courts of Romania.

18.           ANPC

For disputes relating to the purchase of Products and/or Services from the Store, you may also contact the National Authority for Consumer Protection (ANPC), which provides a mechanism for out-of-court dispute resolution. For more information, contact ANPC at the addresses indicated on its own website.

19.           ONLINE DISPUTE RESOLUTION (ODR)

The European Commission provides a free-access platform for online dispute resolution, without having to go to court, through the intervention of a third party called a dispute resolution body, which acts as an intermediary. This body is neutral and will talk to both parties to reach an agreement, and in the end may suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/