Terms & Conditions
PLEASE
ATTENTIVELY READ THESE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE
1. Terms and Conditions of Use of this Website
1.1. www.zigleather.com is an online portal
owned and operated by ZIG CONCEPT S.R.L., a company registered in Romania, with
the registered office in Bucharest, 92, Ion Mihalache Blvd., block 44A2,
entrance C, apt. 121, 1st District, registered with the Trade
Register under J40 / 4291/2016, sole registration code 35846461.
1.2. We can be contacted at the telephone
numbers 0741 065 066/0724 511 289, e-mail address: office@zigleather.com.
2. Definitions
2.1. The “Website”, “Platform” terms are
understood as the www.zigleather.com domain and the sub-domains thereof, owned
by ZIG CONCEPT S.R.L., as well as the Services provided by ZIG CONCEPT S.R.L. via
the www.zigleather.com website;
2.2. The “We”, “Seller” or “Company” terms are
understood as SC ZIG CONCEPT S.R.L.
2.3. By “User”, we understand any individual or
legal entity accessing, browsing or interacting in any way with the Website.
2.4. By “Goods and Services”, we understand any
product or service, including the documents and services mentioned in the
Order, to be provided by the Seller to the Buyer as a consequence of the
concluded Contract.
2.5. By the “Buyer” or “Customer” terms, we
understand any individual or legal entity placing an Order via the Website and having
or obtaining access to the Content by any means of communication or in virtue
of an existing agreement of use between ZIG CONCEPT S.R.L. and the former, requiring
the creation and use of an Account.
2.6. By “Order”, we understand an electronic
document acting as a form of communication between the Seller and the Buyer, by
means whereof the Buyer sends to the Seller, via the Website, the intention thereof
to purchase Goods and Services on the Website.
2.7. By “Transaction”, we understand the
collection or reimbursement of an amount resulting from the sale of a Good and
/ or Service by the Seller to the Buyer, by the use of the available payment
services.
2.8. The “Contract”, “Terms and Conditions” terms
are used to define this webpage containing the terms and conditions of access, browse
and interaction of any kind with the Website, accessing the Goods and Services via
the Website.
3. User Acceptance Agreement
3.1. This agreement envisages the Platform, respectively
the content and the Goods and Services thereby provided.
3.2. By accessing, browsing and / or using the Website,
you acknowledge that you have read, understood and you agree with these Terms
and Conditions of use and you undertake to comply with the contractual and
legal obligations deriving from these Terms and Conditions. The Terms and
Conditions of Use of the Website represent a contract between the Company and
you, as a User, governing the conditions of use based whereon you shall benefit
from Goods and Services. If you do not agree with these Terms and Conditions, you
should stop accessing, browsing and using the Website and the Services in any
way.
3.3. The Terms and Conditions can be subject to
amendments from time to time. The Terms and Conditions thus amended shall be
displayed on this page. Therefore, we recommend you to frequently visit this
page, because the changes are applicable to you as of display, and continuing
to access, browse, use of the Website services and interacting with the Website
in any way after the display thereof represents your acceptance of use of the
Website with the application of the new Terms and Conditions.
3.4. By accessing, browsing the Website and
interacting with the Website in any way, you agree to and undertake to comply
with these Terms and Conditions and warrant that you have the legal capacity to
accept the Terms and Conditions on your own behalf and / or on behalf of the
person that you represent related to the use of the Website.
3.5. Creating and administering an account on
the Website, when the Website allows this, shall also be made in full
observance of the provisions deriving from these Terms and Conditions.
4. Online Sale Policy
4.1. The Seller may post on the Website information
about the Goods and / or Services and / or promotions thereby run over a
certain period of time and within the limit of the available stock.
4.2. All the pieces of information and photos
used to describe the Goods and / or Services available on the Website do not
represent a contractual obligation of the Seller, these being used exclusively
for presentation purposes and they may be different from the custom made ones
(small differences in finishes, shades or assembly blanks).
4.3. All the prices of the goods presented on
the Website are expressed in RON and are VAT inclusive. The prices of the goods
do not include delivery charges, unless this is expressly specified on the Website.
The total purchase price is made up of the price of the product, plus transportation
costs and it is the one upon the order completion. The customer is bound to pay
the purchase price for the transaction to be made.
4.4. Access in order to place an Order is allowed
to any User / Buyer.
4.5. By placing an Order on the Website, the
User / Buyer agrees with the communication form (by telephone or e-mail) by
which the Seller performs the commercial operations thereof.
4.6. The communication with the Seller shall be
made by telephone or e-mail, the Seller's contact data being available on the Website.
The Seller has the freedom to manage the received information without having to
present justifications therefor.
4.7. For justified reasons, the Seller reserves
its right to restrict the User’s / Buyer's access in order to place an Order
and / or to some of the accepted payment methods, if it considers that, based
on the User’s / Buyer’s conduct or activity on the Website, they could be
detrimental to the Seller in any way. Upon the User’s / Buyer's request, the
Seller shall inform them about the reasons which have led to the application of
the aforementioned measures.
5. Launch of an Order
5.1. The Buyer can place Orders on the Website by
adding the wished Goods and / or Services to the shopping cart, and then
completing the Order by making the payment by one of the available methods.
Once added to the shopping cart, a Good and / or a Service is available for
purchase, to the extent there is a stock available for it. Adding a Good /
Service to your shopping cart, in the absence of the completion of the Order,
does not entail the registration of an order, implicitly nor the automatic
reservation of the Good / Service.
5.2. By completing the Order, the Buyer consents
that all of the data provided by the Buyer, which are necessary for the
purchase process, are correct, complete and truthful upon the Order placement.
The Buyer also agrees that the Seller may contact them, by e-mail or telephone,
in any situation where contacting the Buyer is required.
5.3. The Seller may cancel Buyer's Order, following
a prior notification addressed to the Buyer without any further obligation of either
party towards the other or without any party being able to claim to the other liquidated
damages in the following cases:
5.3.1. Invalidation of the transaction
by the card processor agreed by the Seller, in the case of the online payment;
5.3.2. Non-acceptance of the
transaction by the issuing bank of the Buyer's card, in the case of the online
payment;
5.3.3. The data provided by the
Customer / Buyer on the Website are incomplete and / or incorrect.
6. Prices and Payment Methods
6.1. The prices of the Goods and / or Services
displayed on the www.zigleather.com website are VAT inclusive, according to the
applicable legislation.
6.2. The price, payment method and payment term
are specified in each Order. The Seller shall issue to the Buyer an invoice for
the delivered Goods and / or Services, the Buyer's obligation being that of
providing all the pieces of information required for the issue of the invoice,
in compliance with the applicable legislation.
6.3. For the correctness of the data, the Buyer
is bound to update the data in their Account whenever applicable and to access
the information and documents afferent to each Order, existing in the Account.
6.4. The accepted payment methods for the payment
of the ordered Goods and / or Services are:
6.4.1. Payment Refund - upon the receipt of the
package, the Buyer shall pay the price of the purchased goods in cash to the
courier from the carrier company, from which they shall receive a cash receipt document,
issued by the courier company, which should be kept as evidence of the payment.
This document is necessary to the Buyer in case they want to exchange / replace
the product or to return it and get the money refund;
6.4.2. Bank card payment - is made online, upon
the order placement. Any credit or debit card issued under one of the following
logos: Visa, Mastercard (Maestro included), Discover, American Express, JCB,
Wright Express, Carte Blanche & Diner's Club.
6.5. The data of the Customer’s / Buyer’s
payment card shall not be available to the Seller, nor shall they be stored by
the Seller or by the payment processor integrated in the Website, but only by
the Transaction authorization authority or another entity authorized to provide
card identification data storage services, about the identity whereof the
Customer / Buyer shall be informed before entering the data.
6.6. In the case of online payments, the Seller
is not / cannot be held liable for any additional cost incurred by the Buyer,
including, but without limitation to currency conversion fees applied by the
bank issuing the card thereof. If its issuing currency thereof differs from
RON, solely the buyer bears responsibility for this action.
7. Delivery of the Goods
7.1. The Seller undertakes to deliver the Goods
in a courier system to the Buyer, via the express courier company with which
the Seller has a collaboration agreement signed.
7.2. The Seller shall provide the proper
packaging of the Goods and shall ensure the transmission of the accompanying
documents.
7.3. The Seller shall perform the delivery of
the Goods and Services both on the territory of Romania and abroad.
8. Warranty
8.1. All Goods sold by Seller benefit from
warranty conditions in compliance with applicable law. The goods are new, in
their original packaging and come from sources licensed by each manufacturer.
The goods benefit from warranty against defects for a period of 30 days as of
the handover of the good.
8.2. Cases of loss of the warranty due the
Customer’s / Buyer's fault and / or the manner of use of the product:
8.2.1. Non-compliance with the indications on
the maintenance labels attached to the product;
8.2.2. Breakage of the product, the product
getting caught on any hard and / or sharp object;
8.2.3. Damage by mechanic friction of the
material against rough materials.
8.3. Upon the request of the warranty, it is
necessary to present the defective product in the original packaging, together
with the related accessories, a copy of the order receipt and the payment
evidence. In case the products arrive not accompanied by these documents, the
products can be returned to the applicant / sender without the warranty thereof
being solved.
9. Intellectual Property
9.1. The ZIG Leather Logo, the Website and the
contents thereof, including, but without limitation the text, names, data, compilations,
graphs, logos, buttons, icons, images, techniques, models, video and audio
files are the property of the Company and are protected by copyright.
9.2. The Customer / Buyer is not allowed to use
the illustrations, logos, photographs, video or audio files or any other
elements separate from the form in which they are on the Website, including
separately from the accompanying text. Every time, the Company's capacity of owner
of the copyright or owner of this content should be recognized and expressly
specified to any third parties coming in contact with the respective content.
9.3. In order to obtain permission for any use
other than those allowed in this section, we are asking you to contact the
Company in writing at the e-mail address in item 1.2 above.
10. Collaboration with Third Companies and Promotion
on the Website
10.1. The company may run advertising campaigns
on the Website. The Company is not liable for the messages and actions resulting
from the advertising messages, the liability devolving upon the Users and the
companies the advertisements whereof are presented.
10.2. By accepting the Terms and Conditions,
you agree that the Services provided by the Company may contain advertisements,
special offers or customized messages, according to the PERSONAL DATA
PROTECTION POLICY.
11. Liability of Company towards the Users.
Limitation of Liability
11.1. To the extent allowed by law, we exclude
all warranties, representations and liability, either express or implied, which
may be attributable to the Company in respect of the Services and the Website and
the use thereof. The Company does not guarantee that the Services provided via
the Website shall meet the Users’ expectations or that they shall find on the
Website offers acceptable for them from the Providers and does not guarantee
the conclusion of the electric power supply agreement, even if the Users opt
for one of the offers proposed by the Providers on the Website. No advice,
opinion or information, oral or written, obtained by the Users from the Company
or by the use of the Services or via the Website, is a guarantee from the
Company.
11.2. Due to the difficulty in testing the
Users’ identity on the Internet, the Company cannot confirm that each User is
who they claim to be, which is why we cannot be liable or involved in any
dispute over the information that each User uploads to the Website or that they
provide in any other way.
11.3. The content of the Website generated by
the Company may contain errors or inaccuracies. We cannot guarantee that this
content shall be error-free. At the same time, the content on the Website generated
by the Company may be outdated. While we strive to keep the content of the
Website updated, we cannot guarantee that this content shall always be updated
and / or kept to date.
11.4. The Company does not undertake liability
for the operating system used by the Users / Buyers and the operation thereof, or
for any events preventing the User from using the Website, including from
placing an order (e.g. accidental shutdown of the browser, failure of the
connection to network), [being possible for any connection problems to affect
the completion of the order.]
11.5. The Company is entitled (but not bound)
to filter and censor the content of the Website, at the sole discretion thereof.
Furthermore, the is entitled (but not bound), at the sole discretion thereof, to
filter, transfer or delete any information available on the Website that is not
compliant with these Terms and Conditions or is at risk of breaching the
applicable legal provisions or which can be considered by the Company to be
unacceptable for other causes.
11.6. While we strive to provide the security
of the Website, we cannot guarantee that there are no breached of this
security. The Company is not liable for potential damages to the Users caused
by browsing the Website.
11.7. For the delivery of the order to the
Buyer, the courier company, with which the Seller has a collaboration agreement
concluded, is solely liable for the delivery thereof. We are not liable for the
loss, destruction, deterioration, non –delivery or the wrong delivery of a
shipment or a part thereof, and we do not take liability for any direct or
indirect loss that may result from the non-delivery or the delayed delivery
thereof.
11.8. Because we do not get involved and cannot
be involved in the relationships between Users or between Users and Providers,
or between any of them and the courier company delivering documents, if you
have a dispute / litigation with one or several Users and / or Providers and /
or the courier company, you agree to exonerate the Company and any agents,
consultants, legal representatives, employees, collaborators thereof and to indemnify
it/them for any claims or claims and / or damages of any nature, known and
unknown, suspected, disclosed or undisclosed, current or future, thereby
suffered and resulting from or in any way related to such disputes / litigations.
11.9. The Users understand and agree that ZIG
CONCEPT S.R.L. cannot be held liable for direct or indirect loss of revenue, the
loss of data, for any other direct or indirect financial loss resulting from:
11.9.1. The use,
including misuse of the Website or the provided Services;
11.9.2. Impossibility
of use of the Website;
11.9.3. Use of
the content of the Website, in particular relying on the content of the Website
for decisions;
11.9.4. virus
attacks, DoS-type cybernetic attacks (“denial of service”) or the attack by and
via other technologically damaging materials that may affect your work
equipment, computer programs, data or any other material due to the use of the
Website or the download of the content on the Website or derived from a link
that the Website makes reference to;
11.9.5. Unauthorized access to or alteration of
the data transmission;
11.9.6. Any other cause related to Goods and /
or Services.
12. Personal Data Protection Policy
12.1. The purpose of this section is that of
describing the manner in which the Company collects, processes and transfers
the Users’ personal data.
12.2. ZIG CONCEPT S.R.L. is entered in the
register of personal data processors under no. [●].
12.3. The data made available via the Website and
the confidentiality thereof are very important for us. We shall take firm steps
to ensure the security of the processed personal data. The security measures
aim to protect data against loss, abuse, unauthorized access, disclosure,
dissemination or transmission in any other way, and against the alteration or
destruction thereof.
12.4. We collect the following data for the
purpose of providing the Services: first and last name, e-mail address, telephone
number and address. [For payment processing, the following data can be
collected and processed: data associated to the bank card (number, type), bank
account. The collection and processing of these data shall be made directly by
[●]
12.5. When Users contact our support teams by
e-mail or telephone, we reserve the right to collect and process the respective
conversations / correspondences, which we shall exclusively use to improve the
quality of support services.
12.6. We reserve the right to amend, update,
supplement the User identification method. Thus, if we decide to implement a
more rigorous system for the identification of the Users, including by the
creation of User accounts, the manner of request and the level of information
required to identify and / or create the User accounts shall be more rigorous
or more advanced. For the avoidance of any doubt, implementing a more rigorous
system for the identification and certification of the Users is a discretionary
right of the Company, and not an obligation.
12.7. The Website uses cookies. Cookies are
small text files that a website saves on your computer or mobile device when
the Website is visited. Cookies allow the website to retain the visitor's
actions and preferences (such as language, font size, etc.). Website browsing
and the use of the services provided via the Website represent the User's
consent to the use of cookies. Nevertheless, Users can set their browser to
reject cookies. Disabling and refusing to receive cookies can make certain
sections / pages inaccessible or difficult to visit and use. More information on
cookies can be found at www.allaboutcookies.org.
12.8. According to Law no. 677/2001 for the protection
of individuals with regard to the processing of personal data and the free
circulation of such data, the Users benefit from the right of access, intervention
over the, the right not to be subject to an individual decision (withdrawal,
cancellation or reevaluation of a decision adopted exclusively based on a
processing personal data) and the right to appeal to the law courts. At the
same time, the Users have the right to oppose the processing of the personal
data thereof and to request the deletion of the data. It is important to
remember that deleting the data may lead to the impossibility of providing all
or part of the services provided by the Company to you. For the exercise of
these rights, the Users may address the Company by a written, dated and signed
request, sent to the address indicated in item 1.1.
13. Force Majeure
13.1. In the case of a force majeure event, neither
the Customer / Buyer nor the Seller shall be liable for non-fulfillment in due
time and / or the inappropriate, total or partial fulfillment, of any of the
obligations.
13.2. The party invoking the force majeure
event should immediately notify the other party about the occurrence thereof,
take action to limit the consequences and provide evidence of the impossibility
of fulfillment of the obligations within 30 days of the occurrence of the event,
in order to be exonerated from the obligations thereof.
13.3. If, within 15 days of the occurrence date
thereof, the respective event does not cease, each party shall be entitled notify
to the other party the rightful termination of any obligation, without either
of them being able to claim liquidated damages to the other.
14. General Aspects
14.1. If any of the aspects stipulated in these
Terms and Conditions do not comply with the applicable law, this does not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain valid.
14.2. These Terms and Conditions represent an
agreement between the Users / Buyers and the Company / Seller regarding the use
of the Website.
14.3. The law applicable to these Terms and
Conditions is the Romanian law.