1. DESCRIPTION OF THE SERVICES AND DEFINITIONS
The isensesolutions.com website is owned by iSense Solutions SRL (iSense), with its registered office in Bucharest, Bd. Basarabia, nr. 5, ap. 1, cam. 1, sector 2, registered at the Trade Register Office attached to the Bucharest Tribunal under no. J2014000217405, Tax Code 32647626. The company has the exclusive intellectual property right over the content of the Site, hereinafter referred to as the owner of the Site/Seller.
Through the Website, its owner, as a seller, ensures the sale of goods and/or services exclusively to customers who access the Website as buyers.
The following terms shall be defined as follows:
User – any natural person who accesses the Site in order to consult the Seller’s commercial offer, regardless of whether he places an Order for the purchase of products/services or not;
Registered User – A natural / legal person who has or obtains access to the Website, by creating and using an Account.
Client – any person who accesses the Site and places an Order in order to purchase products/services in their own name or as a representative of a legal entity;
Buyer – the Client (natural or legal person) who has concluded a Contract with the owner of the Site, according to the definition of the Contract below;
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order;
Products, goods and services – any product, good or service to be provided by the Seller to the Buyer as a result of the Contract concluded;
Campaign – the action of displaying for commercial purposes a finite number of Goods and/or Services having a limited and predefined stock, for a limited period of time established by the Seller;
Order – the request sent in electronic format by which the buyer expresses his intention to purchase goods or services presented in the Isense offer;
Order Confirmation – represents an automatic email received by the Client who has placed an order on the Website, and which contains the details of the order placed regarding the characteristics of the product(s) ordered and the price paid by the Client depending on the payment method chosen by the Client. The confirmation of acceptance of the Order represents, from a legal point of view, the moment of conclusion of the Contract between Isense and the Client;
Contract – Order confirmed electronically (by sending a confirmation email/electronic message from the Seller to the Buyer).
Content – all information published on the Site that can be viewed/accessed through the use of electronic equipment.
Newsletter / Alert – recurrent means of information, exclusively electronic, respectively electronic mail (e-mail, SMS), regarding the products, services and/or promotions promoted by Isense in a certain period;
Transaction – collection or reimbursement of an amount resulting from the sale of a product / provision of a Service by Isense to the Customer, including by using the services of the card processor agreed by Isense, regardless of the delivery method chosen.
The general terms and conditions set forth below shall apply to the sale of goods and services by iSense Solutions S.R.L. (iSense) on the www.isensesolutions.com website .
The Site Owner reserves the right to restrict or exclude the access of certain Users to the Site and/or to some of the accepted payment methods, as well as to delete or restrict a User’s Account, within the limits of the law, if it considers that based on the conduct or activity on the Site, access to and existence of the Registered User or Client’s Account could harm or harm in any way Isense.ro or its Clients. Any action to restrict or exclude a registered User or Client shall be carried out in compliance with the provisions of these terms.
In the event that the owner of the website finds irregularities and/or violations of any kind of these provisions, which lead to the prejudice or disruption in any way of its activity, Isense reserves the right to cancel, limit, restrict, suspend the access of the registered User or the Client to the Content or Service, with the notification of the User or the Client.
2. USER REGISTRATION
In order to place an Order for products/services offered by Isense, the User may choose to register on the Site as a potential Customer. In this regard, you undertake and warrant that you provide true, accurate and complete data as required by the registration form.
The Site Owner reserves the right (not the obligation) to verify the authenticity of the Users’ registration data regarding their existence.
By accepting the terms and conditions, the User expresses his/her agreement for any verifications that will be carried out by the Site administrators as a security measure for the reality and accuracy of the data provided.
If it is found that the information provided by the User is inaccurate or does not comply with those provided by the legal bodies, the owner of the Site reserves the right to suspend or terminate the access of the User in question to the services of the Site and to refuse current or future attempts to order products/services offered on the Site.
By accessing the Site and the services provided, the user guarantees that he/she provides the Site owner with accurate data, being solely responsible for the information provided.
3. REGISTRATION, CONFIRMATION AND PROCESSING OF THE ORDER
The products offered by the Isense online store can only be sold based on an Order. The order will be processed according to the provisions below. ATTENTION!! An unconfirmed Order does not imply a reservation of the products.
Orders are processed and fulfilled in the chronological order in which they were registered. An Order cannot be fulfilled if for the same product another Order has been registered before it chronologically and subsequently confirmed, thus the stock is exhausted.
By placing an Order through the Isense online store, the buyer agrees to the form of communication by which the seller carries out his operations (electronically).
An Order placed on the Site includes:
– the goods found in the offer of the above-mentioned online store;
– clear information regarding the billing data, delivery and other special information;
– the Buyer’s specifications.
The launch of an Order does not imply the confirmation of the Order and the Contract.
The steps in order to complete an Order and conclude the Contract are as follows:
- registering the Order by generating a unique code for each registered Order;
- taking over the Order by an agent, within the limits of the seller’s working hours;
- the confirmation of the Order is made only after the verification of the Order. Confirmation is made exclusively electronically (e-mail);
- the delivery of the Order is made only after the confirmation of the Order.
The Seller may cancel the Order placed by the Buyer, following prior notice to the Buyer, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other in the following cases:
- the non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in the case of online payment;
- the invalidation of the transaction by the card processor in the case of online payments;
- the data provided by the Client/Buyer in the form on the Website are incomplete and/or incorrect;
- the Client’s activity on the Site may and/or cause damages of any nature, or prejudice in any way Isense.ro and/or its partners;
If a product and/or service ordered by the Buyer cannot be delivered for any reason by the Seller, the Seller shall inform the Buyer and shall return the value of the product and/or service, within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.
The products and services sold by iSense on the Site (market studies) fall into the category mentioned by Article 16 letters a and m of GEO no. 34/2014 on consumer rights within the contracts concluded with professionals, so that buyers cannot exercise their right of withdrawal from the sale-purchase contract concluded at a distance or outside the commercial premises within 14 calendar days from the date of taking possession of the tickets, provided by GEO no. 34/2014.
As such, the withdrawal from the contract and the return of the value of the orders paid and delivered are not accepted.
4. PRICE, INVOICING AND PAYMENT OF PRODUCTS
The prices of the products are displayed in the online store, being valid until the date of modification of the purchase prices communicated by publication on the website.
If prices or other details relating to the products have been incorrectly displayed, including due to the fact that they have been incorrectly entered into the database, the buyer acknowledges the seller’s right to cancel the Orders (requests for products that have not been confirmed) containing these products and to notify the customers as soon as possible about the error occurred.
The prices displayed on the Site include VAT according to the legislation in force, they are expressed in lei currency. The reference currency for calculating, paying and invoicing the ordered products will be the local currency RON.
The price, payment method and payment term are specified in each Order. The seller will issue to the buyer an invoice for the goods and/or services delivered, the buyer being obliged to provide all the information necessary to issue the invoice according to the legislation in force.
The Seller shall send the Buyer the invoice for the Order in electronic format, to the e-mail address mentioned by the Buyer in his account created on the Website.
In the event that you place an order using a card in Euro or another international currency, the bank issuing your card may convert the amount paid for the products purchased on the Site into RON, and your bank may charge a currency exchange fee. Thus, you are obliged to inform yourself of the existence of such a commission before placing an order on the Website. Isense is not responsible for the lack of information to its users about the fees charged by the bank. For clarification, in the case of online payments, Isense is not/cannot be held responsible for any other additional costs incurred by the Customer, including but not limited to currency conversion fees applied by the bank issuing the Customer’s card, if the currency of issuance differs from RON. The responsibility for this action lies exclusively with the customer.
If the payment is made by bank card, Isense will debit the Client’s current account with the amounts representing the value of the ordered products, after sending the order confirmation to the latter.
All visual information used to describe the products available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the site designer, they are used exclusively for presentation purposes.
5. PRODUCT DELIVERY
The delivery to the Client of the purchased products/services is made in electronic format, by email, within a maximum of …. days after the date of acceptance of the online payment.
6. SERVICE CHANGES
The Site Owner reserves the right to modify or interrupt, temporarily or permanently, access to the Site (in whole or only in part). In this case, the owner of the Site is not liable to the User or to a third party for any modification, suspension or interruption of the services available through Isense.
7. OBLIGATIONS OF USERS. INTELLECTUAL PROPERTY
The use of the website is permitted in compliance with the principles of good faith, for information and for the provision of the products and services referred to in art. 1 above.
Stylized representations, graphic creation, logos and associated symbols and combinations thereof with any word or graphic symbol, photographs, audio-video materials, content used on this site and in the online materials purchased, digital content are the exclusive property of the owner of the site or he has acquired the right to use them, the user not having the right to copy them, record and share further.
Users may not take over the content of the site, may not intervene, modify or delete its content (text, images, logos, etc.). Any violation of this rule is an infringement of copyright, trademark or any other intellectual property right.
It is not allowed to copy, multiply, distribute, archive or preserve, by any means, made for commercial purposes the materials existing on the site, of the products/services purchased in digital format (market research).
If there are sections within the site where users can insert comments and express personal opinions, images or other elements that may be protected by intellectual property rights, the responsibility for their content lies exclusively with the users concerned.
By accessing the website, purchasing and accessing the services provided by the Company, the User accepts that all information, data, text, messages, files, etc. that he/she uploads to the website (hereinafter referred to as “content”), regardless of whether publicly or individually displayed/transmitted, are his/her responsibility. As a result, the User is solely responsible for the information, texts, materials transmitted through the access account created and is also solely responsible for the respect of copyright with regard to the content, as is the copyright defined and protected by law. The owners of the site do not carry out a control and thus do not guarantee the reality, integrity and quality of the content or the protection of the copyright of the user’s materials.
8. LIABILITY
The User expressly declares that he/she accepts the following conditions:
- the use of the services made available/placing Orders on the Site is done at your own risk. The Site Owner expressly disclaims any and all liability, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.
- The owner of the site does not offer any warranty that:
- the services meet all the requirements of the users;
- the services will be uninterrupted, timely, secure or error-free;
- Program errors will be corrected.
3. The user who bases his/her decisions, actions or inaction on the information contained in this website assumes full responsibility for any losses suffered;
9. LIMITS OF LIABILITY
The User expressly accepts that the owner of the Site shall not be liable for any direct, indirect, incidental, special damages or damages, including, but not limited to, damages by loss of profits, usability, data or other intangible or immeasurable losses (even if the owner has been previously informed of the possibility of such losses), resulting from:
– the use or inability to use the Isense services;
– unauthorized access to or damage to the User’s transmissions or data;
– statements or actions of a third party on the services of the Site;
– any other problem related to the services of the Site.
10. NOTICES AND COMMUNICATIONS
Notifications/communications addressed to users will be made electronically, by e-mail. The Isense Owner may provide notice of changes to these Terms or other matters by posting notices to users generally on the Site.
11. FORCE MAJEURE AND FORTUITOUS EVENT
Unless expressly provided otherwise, neither party to a concluded Contract which is still in progress shall be liable for the failure to perform on time and/or properly, in whole or in part, any of its obligations under the Contract, if the failure to perform such obligation was caused by a force majeure event or unforeseeable circumstances.
The party or the legal representative of the party invoking the above-mentioned event shall inform the other, immediately and completely, of its occurrence and shall take any measures at its disposal in order to limit the consequences of that event.
The party or the legal representative of the party invoking the above-mentioned event shall be exempt from this obligation only if the event prevents them from carrying it out.
If, within 15 days from the date of its occurrence, the event does not cease, each party shall have the right to notify the other party of the automatic termination of this Agreement, without any of them being able to claim damages from the other party.
The party invoking the force majeure event or unforeseeable event must prove the impossibility of performing the obligations within 30 days from the date of the occurrence of the event.
12. LITIGATION
Any dispute with reference to these Terms and Conditions that may arise between the User, Registered User or Client and Isense shall be settled amicably, the parties making all necessary diligences in this regard.
Any dispute, of any kind, that may arise between the User, Registered User or Client and Isense or its partners, shall be settled amicably. If this is not possible, the dispute will be resolved by the competent court of the site owner’s seat.
13. APPLICABLE LAW
By accessing this website, the User accepts that this Agreement and any dispute related to it are governed and interpreted in accordance with the Romanian laws, and the User agrees to submit to the exclusive jurisdiction of the competent Romanian courts.
Isense does not guarantee that the content of this site is subject to the laws (including intellectual property laws) of other countries outside Romania. If the User accesses this site from outside Romania, he/she does so at his/her own risk and is solely responsible for complying with the laws of the country in which he/she is located.
14. FINAL CLAUSES
These terms represent the agreement of the parties and regulate the User’s use of the Isense services, superseding any prior agreement between the User and the owner of the Site.
If, after the launch of the Site, additional services made available on the Site will be implemented, these services will be subject to the same rules and conditions contained in these clauses, if they will not benefit from conditions distinct from these clauses.
By accessing and entering your personal data. on this Site you accept the above terms and conditions, they have the value of a contract, tacitly accepted, between the user and the owner of the Site. If you do not wish to be bound and comply with the rules described above, please do not use the services provided by this Site.