1. GENERAL DEFINITIONS

1.1

PLAMETCO S.R.L. is a legal entity with its registered office in Sânpetru, Orizontului Street no. 3, Brașov County, registered with the Trade Registry Office attached to the Brașov Tribunal under no. J08/3731/1993, having VAT ID 5011434, fiscal attribute RO, acting as manufacturer and trader (hereinafter referred to as “Plametco”).

SITE: the domain www.plametco.ro and its subdomains. Plametco is the holder of all intellectual property rights over the Site. Under these conditions, no one may use all or part of the Site content except within the limits of this contract, the Terms and Conditions.

PRODUCTS: all products presented on the Site and any other similar products manufactured upon request. Plametco manufactures products only on the basis of a firm order materialized by signing a sales contract.

SERVICE: the electronic commerce service meaning the possibility granted to the Client to access and order the products offered by Plametco, as manufacturer and trader, using distance communication means, namely e-mail and any means that can be used to conclude this contract and that do not require the simultaneous physical presence of Plametco and the Client. Also, the Service includes the facility offered to interested persons to apply for employment.

USER: the information regarding the registration of a person as a user by completing contact forms as well as private messages are confidential and will be disclosed only under the conditions provided in Plametco’s privacy policy.

CLIENT: any public or private legal entity that has or obtains access to the Service offered by Plametco, after completing the contact form for orders and that has thus accepted this Contract.

APPLICANT: any natural person who has or obtains access to the Service offered by Plametco, after completing the contact form for employment and who has thus accepted this Contract, exclusively with regard to accessing the Site and completing the employment application form.

DISTANCE CONTRACT: the contract for the supply of products concluded between Plametco, as trader, and the Client within an organized sales system operated by Plametco, which involves a request for quotation/order submitted by the user, followed by its execution by Plametco. The notion of a distance contract excludes individual employment contracts, which will be concluded under the conditions of the special law, the Labour Code, with the persons selected following the recruitment process. Likewise, the notion of a distance contract excludes the conclusion by Plametco and the user of a written contract, regardless of the method of communication thereof and regardless of whether or not it requires the simultaneous physical presence of the two parties. In this latter case, only the contractual clauses shall prevail, without the application of the Terms and Conditions.

NEWSLETTER/ALERT: the periodic information means, exclusively electronic, regarding the products, services and/or promotions carried out by Plametco for Clients who opt to receive such information.

1.2

These Terms and Conditions establish the terms and conditions for the use of the Site/Service by the User, and use by accessing, visiting and viewing the content/Service implies the User’s adherence to this Contract. If you do not agree with Plametco’s Terms and Conditions, please do not access this Site.

1.3

Plametco carries out its activity under Romanian legislation and complies with the content of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). Plametco is responsible for the protection of personal data provided by Users through the contact forms for orders and employment.

1.4

Plametco reserves the right to make changes at any time to the Site and the Terms and Conditions by posting them on the Site, without any other notice. Important changes will be communicated in an appropriate manner. Accessing or using this Site will be considered acceptance of the Terms and Conditions in the version published on the Site at the time of access/use.

2. LIMITATION OF LIABILITY

2.1

Plametco makes every effort to minimize possible errors that may arise from electronic or manual editing of the information presented on the Site. Plametco specifies that product images are for informational purposes only, and the delivered products may reasonably differ from the images, the technical characteristics of the products being agreed by Plametco and the Client through communication means that exclude the Site.

2.2

Plametco is not liable for errors, mistakes, failures, delays or interruptions in data flow regardless of the reason, nor for damages caused as a result of the full or partial malfunction of the Site, as well as those resulting from the impossibility of accessing certain links published on the Site. At the same time, Plametco is not responsible for the content and/or quality of other sites that can be accessed through links from the Plametco Site. Full responsibility for those sites lies with their owners.

2.3

If a User considers that content sent by any means by Plametco violates their copyright or other rights, or those of another person, they must contact Plametco so that Plametco can make an informed decision.

2.4

Plametco does not guarantee permanent access to the Site or the Service and does not grant the User the right to download or modify partially and/or entirely the Site content.

2.5

Any information transmitted by the User to Plametco through the Site, other than those related to the purchase-sale process of products and the User’s personal data, grants Plametco a non-exclusive, unlimited, free, irrevocable and transferable right to use, reproduce, modify, adapt, publish, translate, as well as the right to distribute such information through any media anywhere.

2.6

The Site is hosted on the server of a third-party company. Plametco cannot be held responsible for any errors occurring on the Site regardless of their cause, nor for errors arising from the User’s use of certain browsers to visit the Site.

3. CONTACT

3.1

Plametco publishes on the Site all correct identification and contact details. Plametco reserves the right not to respond to all requests received from Users through distance communication means.

3.2

The Client must correctly and completely fill in the contact form for orders and submit it to Plametco. The moment of concluding the distance contract is the moment the Client receives the confirmation message regarding their order. The Client cannot place telephone orders, except where these are confirmed by completing the contact form for orders or by using other communication means (email or fax). Messages sent via WhatsApp, Facebook or similar platforms are not considered appropriate means of communication for placing orders.

4. PRODUCTS

4.1

The products are offered in the form in which they are manufactured by Plametco according to the technical specifications provided by the Client. All images uploaded on the Site are for presentation purposes only. Plametco manufactures products only on the basis of an order.

4.2

Plametco may at any time refuse to fulfill certain orders regarding products or services available on the Site at that time, for one or more Clients.

5. PRODUCT PAYMENT

5.1

Product prices are expressed in euros (EUR) and do not include VAT at the legal rate, being communicated to the Client after receiving the contact form for orders, depending on the technical characteristics and requested customizations. The purchase price printed on the invoice will be the same as that communicated by Plametco after receiving the contact form and accepted by the Client, to which the delivery cost, if applicable, and the VAT rate of 19% will be added.

5.2

Payment for ordered products is made as 30% in advance and 70% upon delivery. Plametco accepts payment only by payment order/bank transfer. Proof of advance payment must be sent to Plametco at the email address comercial@plametco.ro.

5.3

At the Client’s request, Plametco provides product transport services, for a fee. The transport price is communicated to the Client before execution of the order. Plametco will not start executing the order until all essential elements regarding products, payment, delivery and transport are agreed with the Client.

6. PRODUCT DELIVERY

6.1

Plametco will honor orders with delivery addresses within Romania and Europe only. Plametco will make every effort to deliver products within the communicated deadlines. In case of delivery delay or non-delivery within the communicated term, a percentage discount applied to the contracted value may be agreed with the Client. Attention! No deliveries are made on Saturdays, Sundays and legal holidays.

6.2

The fiscal invoice will be sent to the Client by electronic means. If the Client does not notify Plametco, by electronic means, of any nonconformity of the invoice compared to the delivered products, the Client expressly acknowledges that they have accepted the invoice and that the delivered products comply with their order.

6.3

The Client must accept in advance the provisions of this document in order to access the Service offered by Plametco. Plametco may partially or totally limit the Client’s access to the Service, depending on their previous behavior.

6.4

Plametco may unilaterally terminate the contract, without being obliged to pay compensation of any kind, in the following cases:

• The Client does not confirm the order placed on the Site;
• The Client did not provide correct and/or complete data at the time of placing the order;
• The Client does not provide the necessary information for delivery.

For the avoidance of any doubt, Plametco cannot be obliged to pay damages if the Client may be or is prejudiced in any way as a result of failure to comply with the above.

6.5

The maximum value of Plametco’s obligations towards any Client in case of non-delivery or improper delivery due to its fault is the value of the order placed by that Client.

6.6

If delivery cannot take place due to the Client’s fault and the Client has paid only the 30% advance, the Client expressly agrees that they will be obliged to pay damages to Plametco, consisting of the remaining 70% of the product value, delivery costs if applicable, as well as late penalties of 0.5% for each day of delay, applied to the value of the ordered products, until full payment.

6.7

Plametco may subcontract a third party for services related to order fulfillment, without requiring the Client’s consent. At the Client’s request, Plametco may inform the Client about the status of the order.

6.8

Plametco cannot be held responsible for delayed shipments in the following situations:

• fortuitous events: road blockages, landslides near roads, bridge collapses, traffic accidents, mechanical problems in the means of transport, prohibitions or limitations during a state of alert, and similar events.
• natural causes: storms, fires, floods, snow or frost, and similar events.
• human causes: wars, state of siege, strikes, revolutions, and similar events.

7. PRODUCT WARRANTY

7.1

Plametco offers a 12-month warranty for products from the date of sale, provided that the specific installation and operating instructions are respected. Information regarding product identification elements, warranty term, average duration of use, conditions of use and maintenance, as well as any other necessary elements, are included in the warranty certificate.

7.2

If the product does not function or is not compliant, remediation will be carried out by Plametco within a minimum of 10 working days.

8. PRODUCT RETURN POLICY

8.1

According to the applicable legislation, withdrawal from purchase applies only to Clients who are natural persons, and since the Client is defined in this document as any public or private legal entity, the legal provisions regarding product returns are not applicable.

8.2

Plametco works only on the basis of a sample previously approved by the Client; therefore, product returns are limited exclusively to situations related to nonconformity of the product compared to the approved sample. In this case, Plametco will bear the return costs.

9. JURISDICTION

9.1

The applicable law is Romanian law. All disputes regarding the interpretation, execution or termination of these Terms and Conditions shall be settled amicably by the representatives of the parties (Client and Plametco). If an agreement cannot be reached, the dispute shall be settled by the Romanian courts at Plametco’s registered office.

10. NEWSLETTER – SUBSCRIPTION AND UNSUBSCRIPTION

10.1

Plametco reserves the right to select the persons to whom it will send newsletters and/or alerts, as well as the right to remove from its database any Client who has previously expressed consent to receive newsletters and/or alerts, without any further commitment from Plametco or prior notification. With regard to the newsletter sent to persons who have opted for this service, the rights over its content belong to Plametco, and distribution is carried out under the conditions of this document.

10.2

The newsletter may be forwarded by subscribers to third parties, at their own responsibility, without modifying the structure or content of the messages, Plametco not being responsible for the actions of its subscribers.

10.3

Plametco may restrict a subscriber’s access to the newsletter if it considers that the subscriber does not comply with the provisions of this document.

11. COPYRIGHT

11.1

The entire content of the Site, including but not limited to images, texts, buttons, programs, scripts and any other data, is the property of Plametco and is protected under Law no. 8/1996 on copyright and related rights. Use without Plametco’s written consent of any of the elements listed above is punishable under applicable law.

11.2

To report issues related to intellectual property rights, please contact us in writing at the email address office@plametco.ro.

12. PERSONAL DATA CONFIDENTIALITY

12.1

The information of Site Users is confidential and may be used only for commercial communications with Plametco partners. The information transmitted by the User may be used by Plametco for order confirmation, delivery, promotions and similar purposes. Users may request at any time the deletion of these data from the database following a written request sent to Plametco by email or to its registered office.

12.2

Plametco complies with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). Exceptions from the obligation to notify do not exempt the operator from fulfilling the other obligations incumbent upon it under applicable data protection legislation, particularly those regarding ensuring the rights of data subjects, as well as ensuring data confidentiality and security.

13. SECURITY OF PERSONAL DATA AND INFORMATION

13.1

Personal data entered by the User/Client will be used by Plametco only for the declared purpose of this Site. The information requested in the order contact form is useful for order confirmation, delivery of ordered products, notification of ongoing promotions, etc., and will under no circumstances be provided to a third party, except as required by law. The information requested in the employment contact form is useful in the recruitment process and will not be provided to any third party. Each User has the right to view only their own personal data entered.

13.2

The Site uses security measures against loss, alteration or misuse of the information contained in Plametco’s database.

13.3

Plametco has aligned with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), and information regarding this aspect can be found in the Privacy Policy.