Terms and conditions of use of the casadelsole.ro website
These Terms govern
- use of this website and,
- any other related agreement or legal relationship with the owner.
in a legally binding way. Capitalized words are defined in the corresponding dedicated section of this document.
The user should read this document carefully.
This Website is provided by:
DRAGOTEXT SRL - Str. Romulus nr. 12
Owner's contact e-mail: office@casadelsole.ro
What the user needs to know in brief
- Please note that some provisions of these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users who do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of such mention, the clauses apply to all Users.
- The right of withdrawal only applies to European Consumers.
CONDITIONS OF USE
Unless otherwise stated, the terms of use detailed in this section generally apply to the use of this website.
Unique or additional usage or access conditions may apply in specific scenarios and, in such cases, are further indicated within this document.
By using this Website, Users confirm that they fulfill the following requirements:
- There are no restrictions for Users as Consumers or Business Users;
Account registration
In order to use the Service, Users may register or create a User account by providing any requested data or information completely and truthfully.
Users may also use the Service without registering or creating a User account, but this may result in limited availability of certain features or functions.
Users are responsible for maintaining the privacy and security of their login credentials. For this reason, users are also obligated to choose passwords that meet the highest standards of strength allowed by this website.
By registering, Users agree to be fully responsible for all activities that take place under their username and password.
Users are obliged to immediately and unambiguously inform the Owner through the contact details indicated in this document if they believe that their personal information, including but not limited to user accounts, access credentials or personal data, has been breached, unduly disclosed or stolen.
Account termination
Users may terminate their account and stop using the Service at any time by doing the following:
By contacting the Owner directly at the contact details provided in this document.
Suspending and deleting your account
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without prior notice, user accounts that it deems inappropriate, offensive or in violation of these Terms.
Suspension or deletion of User accounts does not entitle Users to any claim for compensation, damages or refund.
Suspension or deletion of accounts for reasons attributable to the User does not exempt the User from paying applicable fees or prices.
Content of this website
Unless otherwise stated or clearly acknowledged, all content available on this website is owned or provided by the Owner or its licensors.
The Owner makes every effort to ensure that the content provided on this Website does not infringe any applicable legal provisions or rights of third parties. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly requested to preferably report related complaints using the contact details provided herein.
Rights on the content of this website - All rights reserved
The owner owns and reserves all intellectual property rights in any such content.
Therefore, Users may not use such content in any way that is not necessary or implied for the proper use of the Service.
In particular, but not limited to, Users may not copy, download, share (beyond the limits set out below), modify, modify, translate, transform, transform, publish, transmit, transmit, sell, sublicense, edit, transfer/license to third parties or create derivative works from the content available on this Website, nor may Users allow third parties to do so through the User or the User's device, even without the User's knowledge.
Where explicitly stated on this Website, the User may download, copy and/or share part of the content available through this Website for his/her own personal and non-commercial use only and provided that the copyright attributions and all other attributions required by the Owner are properly implemented.
Any applicable legal limitations or exceptions to copyright remain unaffected.
Access to external resources
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.
The conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in the content, derive from the terms and conditions of each such third party or, in the absence thereof, from applicable law.
Acceptable use
This Website and the Service may be used only for the purpose for which it is provided, in accordance with these Terms and applicable law.
Users are solely responsible for ensuring that their use of this Web Site and/or the Service does not violate any applicable laws, regulations or third party rights.
Therefore, the Owner reserves the right to take any appropriate action to protect its legitimate interests, including by prohibiting Users from accessing this Website or the Service, terminating contracts, reporting any misconduct conducted through this Website or the Service to the competent authorities - such as judicial or administrative authorities - whenever Users engage or are suspected of engaging in any of the following activities:
- violate any laws, regulations and/or these Terms;
- infringes the rights of third parties;
- substantially affect the legitimate interests of the Owner;
- offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Provision of personal data
In order to access or receive some of the Products provided through this Web Site as part of the Service, Users may be asked to provide their personal data as indicated on this Web Site.
Paid products
Some of the Products provided on this Website, as part of the Service, are provided on a paid basis.
The fees, duration and conditions applicable to the purchase of these Products are described below and in the dedicated sections of this Website.
Product Description
Prices, descriptions or availability of Products are set out in the respective sections of this Website and are subject to change without prior notice.
Although the Products on this Website are presented as accurately as technically possible, the representation on this Website by any means (including, where applicable, graphics, images, colors, sounds) is for reference purposes only and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the chosen Product will be presented during the purchase process.
The procurement process
All the steps from choosing a Product to submitting your order are part of the buying process.
The buying process includes these steps:
- Users must choose the desired Product and check the purchase selection.
- After reviewing the information displayed in the purchase selection, Users can place the order by submitting it.
Sending your order
When the User submits an order, the following applies:
- The submission of an order determines the conclusion of the contract and therefore creates for the User the obligation to pay the price, taxes and any additional fees and charges as specified on the order page.
- If the purchased product requires an action on the part of the user, such as providing personal information or data, specifications or special wishes, sending the order creates an obligation for the user to cooperate accordingly.
- Upon sending the order, Users will receive a receipt acknowledging receipt of the order.
All notifications related to the described purchase process will be sent to the e-mail address provided by the User for this purpose.
Prices
Users are informed during the purchase process and before submitting the order of any taxes, duties and costs (including, where applicable, delivery costs) that will be charged to them.
Prices are displayed on this website:
- either exclusively or inclusive of any applicable taxes, duties and charges, depending on the section in which the User browses.
Offers and discounts
The Owner may offer discounts or special offers for the purchase of Products. Any such offer or discount will always be subject to the eligibility criteria and terms and conditions set out in the relevant section of this Website.
Offers and discounts are always at the sole discretion of the Owner.
Repeated or recurring offers or discounts do not create any claim/entitlement or right that Users can enforce in the future.
As the case may be, discounts or offers are only valid for a limited period of time or while stocks last. If an offer or discount is limited in time, time indications refer to the Owner's time zone as indicated in the Owner's location details in this document, unless otherwise specified.
Coupons
Offers or discounts can be based on Coupons.
In the event of a breach of the terms and conditions applicable to the coupons, the Owner may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or divergent rules applicable to the use of the Coupon displayed on the relevant information page or on the Coupon itself will always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
- Each Coupon is valid only if used in the manner and within the time period specified on the website and/or Coupon;
- A Coupon can only be applied, in full, at the actual time of purchase - partial use is not allowed;
- Unless otherwise stated, Single Use Vouchers can only be used once for each purchase and can therefore only be applied once, even in cases involving purchases in installments;
- A coupon cannot be applied cumulatively;
- Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, excluding any possibility for the User to claim the relevant rights, including cashing out;
- The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
- The Coupon is for non-commercial use only. Any reproduction, counterfeiting and commercialization of the Coupon is strictly prohibited, together with any illegal activity related to the purchase and/or use of the Coupon.
Payment methods
Information about accepted payment methods is provided during the checkout process.
Some payment methods may only be available subject to additional conditions or charges. In such cases, the relevant information can be found in the dedicated section of this website.
All payments are processed independently through third party services. Therefore, this website does not collect any payment information - such as credit card details - but only receives a notification once the payment has been successfully completed. The User can read the privacy policy of this Website to learn more about data processing and Users' rights regarding their data.
In the event that a payment by available methods fails or is refused by the payment service provider, the Owner has no obligation to fulfill the purchase order. In the event that a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Maintaining product ownership
Until payment of the full purchase price is received by the Owner, any Product ordered does not become the property of the User.
Keeping usage rights
Users do not acquire any right to use the purchased Product until receipt of the full purchase price by the Owner.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must check the contents of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if it is visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this website.
Delivery times are specified on this website or during the checkout process.
Failed delivery
The Owner shall not be held liable for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for damages or delays after delivery to any carrier arranged by the User and not offered or recommended by the Owner.
If the goods are not received or collected at the time or within the time specified, the goods will be returned to the owner, who will contact the user to schedule a second delivery attempt or to agree on the next course of action.
Unless otherwise agreed, any delivery attempt starting with the second will be at the User's expense.
Execution of services
The purchased service will be performed or made available within the timeframe specified on this website or communicated prior to the submission of the order.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about withdrawal conditions in this section.
Who the right of withdrawal applies to
Unless an applicable exception is mentioned below, Users who are European consumers have a statutory right of withdrawal in accordance with EU rules to withdraw from contracts concluded online (distance contracts) within the specified period applicable to them, for any reason and without justification.
Users who do not meet this qualification may not benefit from the rights described in this section. The consumer is liable to the seller only for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary to familiarize himself with the nature, characteristics and functionality of the goods.
Exercising the right of withdrawal
To exercise their right of withdrawal, users must send the owner an unequivocal statement of their intention to withdraw from the contract.
For this purpose, Users may use the model withdrawal form available in the "definitions" section of this document. However, Users are free to express their intention to withdraw from the contract by an unequivocal statement in any other appropriate manner. In order to comply with the time limit within which they may exercise this right, Users must send the notice of withdrawal before the expiration of the withdrawal period.
When does the withdrawal period expire?
- For the purchase of goods, the withdrawal period expires 14 days from the date on which the user or a third party - other than the carrier and designated by the user - takes physical possession of the goods.
- In the case of the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period shall expire 14 days after the date on which the user or a third party - other than the carrier and designated by the user - takes physical possession of the last good, lot or piece.
Effects of withdrawal
A user who correctly withdraws from a contract will be reimbursed by the landlord for all payments made to the landlord, including, where applicable, those covering delivery costs.
However, any additional costs resulting from choosing a particular delivery method, other than the least costly type of standard delivery offered by the owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and in any event no later than 14 days from the date on which the Owner is informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, refunds will be made using the same means of payment as those used to process the initial transaction. In any event, the User shall not incur any costs or charges as a result of such refund.
...when buying physical goods
Unless the Owner has offered to collect the goods, the Users must send back the goods or hand them over to the Owner or to a person authorized by the Owner to receive the goods, without undue delay and in any event within 14 days from the date on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are delivered to the carrier or otherwise returned as indicated above before the 14-day deadline for returning the goods has expired. Reimbursement may be withheld until receipt of the goods or until the user provides proof that he has returned the goods, whichever is earlier.
Users shall only be liable for any diminution in the value of the goods resulting from the handling of the goods other than that necessary to ascertain their nature, characteristics and functioning.
The cost of returning the goods shall be borne by the user.
Guarantees
Legal guarantee of conformity of goods under EU law
Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell to consumers.
Where Users qualify as European Consumers, the legal warranty of fitness of goods applies to items available on this Website in accordance with the laws of their country of habitual residence.
The country's national laws may give users wider rights.
Consumers who do not qualify as Europeans can benefit from legal guarantee of conformity rights under the law of the country where they have their habitual residence.
Legal guarantee of conformity for digital products under EU law
In accordance with EU law, for a minimum period of 2 years after delivery or, in the case of Digital Goods supplied continuously for a period longer than 2 years for the entire period of supply, traders guarantee the conformity of the Digital Goods they supply to Consumers.
Where Users qualify as European Consumers, the legal warranty of conformity applies to Digital Products available on this Website in accordance with the laws of the country in which they have their habitual residence.
The national laws of that country may give users wider rights.
Liability and compensation
Unless otherwise explicitly provided otherwise or agreed with the Users, the Owner's liability for damages in connection with the performance of the Contract shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.
Compensation
The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, officials, directors, agents, co-branders, partners and employees from and against any claim or demand - including but not limited to attorneys' fees and costs - made by any third party due to or arising out of or in connection with any culpable breach of these Terms, the rights of any third party or any provision of law relating to the use of the Service by the User or its affiliates, officers, directors, directors, agents, co-branders, partners and employees, to the extent permitted by applicable law.
The foregoing also applies to any claims asserted by third parties (including but not limited to the Owner's customers or clients) against the Owner in connection with the Digital Products provided by the User, such as, for example, claims of compliance.
Limitation of liability
Unless explicitly provided otherwise and without prejudice to applicable law, Users shall not be entitled to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damage to life, health or physical integrity, to damage resulting from breach of material contractual obligations, such as any obligation strictly necessary to achieve the purpose of the contract, and/or to damage resulting from intent or gross negligence, as long as this Website has been used properly and correctly by the User.
Unless the damage has been caused intentionally or by gross negligence or if it affects life, health or physical integrity, the Owner shall only be liable to the extent that the damage is typical and foreseeable at the time of conclusion of the contract.
Other provisions
No opt-out
Owner's failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a subsequent or continuing waiver of such provision or any other provision.
Service interruption
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance, system upgrades or any other changes, informing Users accordingly.
Within the limits of the law, the Owner may also decide to suspend or completely discontinue the Service. In the event that the Service is discontinued, the Owner will cooperate with Users to enable Users to withdraw Personal Data or information and will respect Users' rights regarding continued use of the product and/or compensation as provided by applicable law.
In addition, the Service may not be available for reasons beyond the Owner's reasonable control, such as "force majeure" events (infrastructure failures or power outages, etc.).
Reselling the service
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Web site and its Service without the prior express written permission of the Owner, either directly or through a legitimate resale program.
Privacy policy
To learn more about the use of their personal data, Users can consult the privacy policy of this Website.
Intellectual property rights
Notwithstanding any more specific provision in these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors and are subject to the protection afforded by applicable laws or international treaties relating to intellectual property.
All trademarks - whether nominal or figurative - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos appearing in connection with this website are and remain the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
Changes to these terms
The Owner reserves the right to amend or modify these Terms at any time. In such cases, the Owner will duly inform the User of such changes.
Such changes will affect the relationship with the User only from the date communicated to Users.
Your continued use of the Service will signify your acceptance of the revised Terms. If Users do not wish to be bound by these changes, they must stop using the Service and may terminate the Agreement.
The previous applicable version will govern the relationship prior to acceptance by the User. The User may obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the amended Terms will come into force.
Assignment of contract
The Owner reserves the right to transfer, assign, assign by novation or subcontract any or all of its rights or obligations under these Terms, taking into account the legitimate interests of the User. The provisions regarding amendments to these Terms shall apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
Contact
All communications related to the use of this website should be sent using the contact information listed in this document.
Severity
If any provision of these Terms is held or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
In the event that any provision of these Terms is or is found to be void, invalid or unenforceable, the parties shall use their best efforts to amicably reach an agreement on valid and enforceable provisions, thereby replacing the void, invalid or unenforceable provisions.
If this fails, the void, invalid or unenforceable provisions shall be replaced by the applicable legal provisions, if permitted or required by applicable law.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of any provision of these Conditions shall not invalidate the entire agreement, unless the deleted provisions are essential to the agreement or are of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid or if the remaining provisions would result in an unacceptable hardship for either party.
Applicable law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national legislation
Notwithstanding the foregoing, however, if the law of the country in which the User is located provides for higher applicable consumer protection standards, such higher standards shall prevail.
Place of jurisdiction
The exclusive jurisdiction to decide on any dispute arising out of or in connection with these Terms rests with the courts of the place where the Owner is domiciled, as shown in the relevant section of this document.
Accessibility
The Owner undertakes to make the Content accessible to Users with disabilities. If Users have a disability and are unable to access any part of this Website due to their disability, they must give notice including a detailed description of the problem encountered. If the problem is readily identifiable and can be resolved in accordance with industry-standard information technology tools and techniques, the Owner undertakes to resolve it promptly.
Dispute resolution
Settling disputes out of court
Users can bring any disputes to the owner, who will try to resolve them amicably.
Although Users' right to take legal action always remains unaffected, in the event of any dispute regarding the use of this Website or the Service, Users are requested to contact the Owner at the contact details provided in this document.
The User may send the complaint, including a brief description and, if applicable, the details of the order, purchase or related account, to the Owner's e-mail address specified in this document.
The owner will process the complaint without undue delay and within 2 days of receipt.
Online dispute resolution for consumers
The European Commission has set up an online Alternative Dispute Resolution (ADR) platform which facilitates an out-of-court method of settling disputes related to and arising from online sales and service contracts.
Therefore, any European consumer or consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available at the following link.
Definitions and legal references
This website (or app)
The property enabling the provision of the Service.
Agreement
Any contractual or legally binding relationship between the Owner and the User governed by these Terms.
Business user
Any User who does not qualify as a Consumer.
Voucher
Any code or voucher, in printed or electronic form, which enables the User to purchase the Product at a discounted price.
Digital product
It is a Product consisting of:
- content produced and delivered in digital form; and/or
- a service that enables the creation, processing, storage or accessing of data in digital form or the sharing or any other form of interaction with digital data uploaded or created by the User or any other user of this Website.
European (or Europe)
It applies if a User, regardless of nationality, is in the EU.
Sample withdrawal form
Addressed to:
DRAGOTEXT SRL - Str. Romulus nr. 12
office@casadelsole.ro office@casadelsole.ro
I/we hereby give notice that I/we hereby withdraw from the contract for the sale of the following goods/ for the performance of the following service:
_________________________________ (please insert a description of the goods/services subject of the respective withdrawal)
Ordered on: _________________________________ (insert date)
Received on: _________________________________ (insert date)
Name of consumer(s):_________________________________
Address of consumer(s):_________________________________
Data: _________________________________
(sign if this form is notified on paper)
Owner (or Us)
Indicates the natural or legal person(s) providing this website and/or service to users.
Product
A good or service made available through this Website, such as, for example, physical goods, digital files, software, booking services, etc., as well as any other types of products defined separately herein, such as Digital Products.
service
The service provided by this Website as described in these Terms and on this Website.
Terms
All provisions applicable to your use of this Web Site and/or the Service as described herein, including any related documents or agreements, and updated from time to time.
User (or you)
Indicates any natural or legal person using this website.
Consumer
The consumer is any User who qualifies as such under applicable law.
Last update: May 18, 2024