Terms and conditions

1. GENERAL PROVISIONS
We hereby set the conditions for the sale of products in the online store www.1234.ro , property of S.C. ELMAS S.R.L., company legally established under the laws of Romania, headquartered in BRAȘOV, Bd. Griviței nr. 1Y, postal code 500177, County Brașov, registered with the Trade Register Office under no. J08/840/1991, Tax Code RO 1115033 , subscribed and paid capital 4,100,000 RON, bank account no. RO21BRDE080SV04724380800, opened with the Romanian Development Bank- Groupe Societe Generale – Brașov Branch, tel. +40 (0)268-308 700, fax. +40 (0)268-308 705, email office@1234.ro.
2. By using this site and placing an order you accept these terms and conditions and, implicitly, the use of the email address as method of distance communication. In order to use this website in the best conditions, it is recommended to carefully read all terms and conditions. We reserve the right to amend these provisions without prior notice. You acknowledge and agree that, without prior notice, we can delete or add any information on the website or we can interrupt any activity on the website and, if there are references to other sites, we do not guarantee and/or confirm in any way the type of information you find on such websites. It is at your discretion if you visit or not these websites or take into consideration or not the information you find there.

3. PRODUCTS. BUSINESS POLICY
The online store www.1234.ro specializes in selling products for professional use, from own production or imported directly from the manufacturers mentioned in the ”Manufacturers” section, and it is designed specifically for legal entities and also individuals. The products benefit from the warranty period granted by each manufacturer. The manufacturer is shown next to each product available on the website www.1234.ro. For each of the products posted on the above mentioned website, S.C. Elmas S.R.L. undertakes to display all their essential characteristics so that to allow the buyer to correctly identify, compare and choose. Each product page has a separate section where can be viewed the data sheet and the user manual of the product (in the case of products that have a data sheet and or / user manual). S.C. Elmas S.R.L. reserves the right to modify without notice the characteristics of the displayed products. The images published on the website are only examples and the delivered products may differ sometimes from the images shown (in terms of colour, aspect, etc.). The marketed products observe the Romanian laws in force. S.C. Elmas S.R.L. cannot be held responsible for misuse of the ordered products.
For further information you can contact us via the contact form, or using e-mail addresses listed in the ”Contact Us” section.

4. YOUR OBLIGATIONS TO REGISTER
In order to purchase products on the website www.1234.ro, you have to accept these terms and conditions.
If you want to create an account on our website, you can order the product/products you want by following 5 steps.
Step 1: login to your user account (USERNAME and PASSWORD). Step 2: choose the products using the option ”Add to cart” available next to each product. After completing your shopping list, you can preview and modify the order by pressing the ”View cart” button. Step 3: check the details of the order: for a successful completion of the order there must be checked or mentioned useful details as delivery address and payment method (cash at the headquarters of Elmas, card or bank transfer). Step 4: placing the order. After clicking ”Checkout”, the products, the delivery address and the payment method are checked and you will instantly receive an email confirming the receipt of the order. If all the data is correct, the order will be processed by our operators. If paying by card, you will be directed to the payment window. Step 5: after the order is processed, you will receive an email on the address listed in the user profile (which includes the confirmation of your order, the price of the ordered products and details of the delivery). In addition, an Elmas representative will contact you by telephone in the shortest time for the final validation of the delivery address and for informing you about the transport costs.
In order to create the account, You agree to provide true, accurate, current and complete information about yourself, such as these are specified. If we consider that you do not meet this obligation, we reserve the right to block your access to the service without prior notice for a limited or an unlimited period of time.

5. PRICES
The prices available on www.1234.ro  are displayed (depending on user choice) in the following currencies: EUR, RON, HUF, MDL, BGN. Prices are expressed with and without VAT.
Product prices are updated daily. Check the final selling price before buying a product. Invoices are issued at the prices displayed at the time of registering the order.
Prices do not include shipping costs. The shipping costs are those charged by the courier company which performs the transport and depend on the weight and the size of the package(s) and on the delivery address indicated by the customer. Shipping costs will be displayed at checkout.

6. PAYMENT METHODS
Payment methods are set out in the order form of www.1234.ro .
The following payment methods are available for you:
a) Payment in cash
Payment in cash is made in RON, in full, upon delivery or when picking the products from our premises. If the products are delivered by courier, the payment will be made to the delivery person.
b) Online payment by Paypal
The payment can safely be made online.
S.C. Elmas S.R.L. does not require or store your card details.
c) Payment order
Payment by payment order is made only on the basis of the pro-forma invoice issued by S.C. Elmas S.R.L. following your order, namely after confirming your order. Delivery is made after confirmation of the payment to the bank account specified in the pro-forma invoice.

7. PROMOTIONS
S.C. Elmas S.R.L. sets its own rules for the promotions and competitions it organizes. These rules are communicated to potential participants only via its website. The orders which can benefit from promotions are only those which observe all the rules listed on www.1234.ro and which are registered by the company during the period of the promotions and only within the limit of the available stock.
S.C. Elmas S.R.L. does not guarantee the availability in the stocks of the products included in the promotion and it can interrupt or cancel the promotion at any time without prior notice.

8. RECEIPT OF ORDERS AND DELIVERY
Orders are received from Monday until Friday, between 8.00 and 16.00.
The delivery of the ordered products is performed within 7 - 10 days from receipt of the order and its confirmation, in the case of items in stock.
Shipping costs represent the shipping charges requested by the courier company which performs the transport and these will be provided to you together with the order confirmation. For items which are not in stock, the delivery term can be of 30 days or more, depending on the availability of the products in the manufacturer's stock.
Products are shipped to customers in the sequence the orders were received, until stocks run out.
In the case of orders (received from the same customer/user) which include products available in stock and products which are not available in stock, the shipping will be performed according to the customer's preference: either in full when all the products included in the order are available or in turns (first the products available in stock and later the rest of the products included in the order).
Should the customer wish to personally pick the ordered products, he/she can come to the headquarters of S.C. Elmas S.R.L. in Brașov, B-dul Griviței, nr. 1Y, between 8.00 and 16.00, after prior notification of the supplier.

9. WARRANTY AND POST-WARRANTY
S.C. Elmas S.R.L. grants warranty for the marketed products against defects in workmanship or material, in compliance with Law 449 of 2003, subject to the following conditions:

• the warranty is valid if the product is checked, inspected and maintained in accordance with the manufacturer's instructions and the user manual;
• any repair of the products under warranty must be performed by S.C. Elmas S.R.L.;
• the warranty cannot be transferred to third parties and it is valid only in the country where the sale was made;
• warranty claims must be submitted to S.C. Elmas S.R.L. together with the original sale invoice, the quality and warranty certificate and the product's serial number;
• the warranty does not cover periodic maintenance works which must be performed as indicated in the technical manual.

S.C. Elmas S.R.L. provides, for a charge, after-sales services and spare parts throughout the normal life of the sold products. 

10. CONDITIONS FOR WAIVING THE PURCHASE AND RETURNING THE PRODUCT

The Emergency Ordinance 130/2000 provides that the waiver of purchase applies to consumers, namely to any individual or group of individuals organized in associations, who, during the performance of the contracts covered by this ordinance, act for purposes outside commercial, industrial or manufacturing, craft or professional activities.
According to the Ordinance 130/2000, the consumer has the right to notify in writing the trader about waiving the purchase, without penalties and without giving a reason, within 10 working days from receipt of the products or, in the case of provision of services, from concluding the contract.
According to article 5, a distance contract is concluded when the consumer receives the confirmation message regarding his/her order, unless the parties agree otherwise.
If the purchased product does not meet your expectations, you can withdraw from the contract within the period mentioned above and you can return the product(s); the waiver of purchase within 10 days applies only to products delivered by courier.
The return costs are borne by the customer; the value of the returned product is refunded to the customer within 30 days of return; alternatively, the customer may choose to replace the returned product with another identical product.
The product(s) can be returned only if it is / they are in perfect condition and undamaged, including the packaging, accessories (if any) and the related documents.

According to Art. 10 of GEO 130/2000, the consumer cannot unilaterally terminate the following types of contracts, unless the parties otherwise agree:
- contracts for the supply of goods or services whose prices depend on fluctuations in the financial market which cannot be controlled by the trader;
- contracts for the supply of goods made according to the consumer's specifications or clearly personalized products and those which by their nature cannot be returned or are liable to deteriorate or expire rapidly .

The buyer is asked to refuse the receipt of visibly damaged packages.
If the buyer notices aesthetic defects of the products after acceptance, he/she must send within 48 hours of delivery a notification to the email address office@1234.ro accompanied by two pictures showing the found defect.

11. PROCEDURE FOR WAIVING THE PURCHASE

• The buyer sends in writing, to the address office@1234.ro, a notification bearing the title ”Request to return products as per order no. … of …” including: contact data of the buyer, the number and the date of the order, the number and the date of the invoice issued for that order, the reasons underlying the return request.
• The return request must be accompanied by a copy of the fiscal invoice and a copy of the waybill or of the AWB.
• After receiving the request, S.C. Elmas S.R.L. will check if the conditions for return are met; if the conditions are met, the request will be approved and will be registered in the system.
• Within the next 24-48 hours the buyer will receive a confirmation email containing the registration number of the return and the next steps of the return procedure.
• The buyer returns the product in its original package (including the user manual and the accessories, if any) and he/she will include the registration number of the return and the original fiscal invoice together with the original warranty certificate.
• After receipt of the product, the personnel of S.C. Elmas S.R.L. will check it and will determine if the request observes the mandatory conditions applicable in the case of waiving a purchase.
• The buyer will receive an email which will state the result of the check and, if the conditions mentioned above are met, he/she will be provided with the following variants: refund of the value of the products within 30 days of termination of the contract, replacement of the product with an identical one or replacement with a similar product but of a higher or lower value (if the value of the new product is higher, the buyer will pay the difference and if the value is lower S.C. Elmas S.R.L. will refund the difference).

S.C. Elmas S.R.L. reserves the right to refuse the return of the products in the case of repeated returns, exceedance of the term for waiving the purchase, non-compliance with the conditions of waiving the purchase and/or non-acceptance of transport charges.

12. LIMITATION OF RESPONSIBILITY FOR LINKS TO OTHER WEBSITES, SERVERS OR BROWSERS
The www.1234.ro website is hosted by the servers of a third party company. The company S.C. Elmas S.R.L. cannot be held liable for any errors which occur on the site, regardless of their underlying causes, including modifications of the website, settings or updates. S.C. Elmas S.R.L. cannot be held liable for errors which occur due to the use of certain browsers in order to visit the website www.1234.ro. S.C. Elmas S.R.L. does not warrant that this site, its servers or the email sent to www.1234.ro are free of viruses or other harmful elements. S.C. Elmas S.R.L. is not responsible for the content, quality or nature of the websites which can be accessed through links from the website www.1234.ro. The owners of such websites bear full responsibility for them.

13. COPYRIGHT
The entire content of the website is owned by S.C. Elmas S.R.L. and its partners and it is protected by the Romanian law.
The use of the website or its content by any individual or legal entity for purposes other than personal or non-commercial without the approval of S.C. Elmas S.R.L. is strictly prohibited.
We are not liable for the incorrect use or misinterpretation of the website information.
Any conflicts between S.C. Elmas S.R.L. and the user will be settled amicably and, if this is not possible, the conflict will be settled by Romanian courts, in accordance with the laws in force.

14. PROTECTION OF PERSONAL DATA
As per Law 677/2001 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, as amended and supplemented and as per Law 506/2006 on the processing of personal data and the protection of privacy in the electronic communications sector, S.C. Elmas S.R.L., registered with the National Supervisory Authority for Personal Data Processing under no.30770, is required to manage safely and only for the specified purposes the personal data that you provide us about yourselves via any means of communication.
The personal data is collected only for the needs of S.C. Elmas S.R.L. and is processed so that to perform the business activities of the company arising from its bylaws, to conduct promotions and advertising, in observance of the data protection imperative set by the legislation through Law 677/2001.
By providing personal data you agree to its processing by S.C. Elmas S.R.L. and its partners as well as to receiving commercial communications from them. Each customer has the right to view his/her personal data, to amend it, to request cessation of its processing by the company or to oppose to its use. In this regard, you can send a written request, dated and signed, to S.C. Elmas S.R.L. at the address: B-dul Griviței, nr. 1Y, Brașov - 5000177.
By providing the following personal data: email address, username, surname and first name, address, postal code, the series and the number of the ID card/passport, the personal identification number, the telephone number, You, as person under the scope of Law 677/2001, declare that you give your consent, expressly and unequivocally, namely explicitly, freely and informed, to have your personal data included in the database of the company S.C. Elmas S.R.L. and to be processed and used in the future by S.C. Elmas S.R.L. in strict observance of the laws on protection of individuals with regard to the processing of personal data and the free movement of such data.
All persons that provided the following personal data: email address, username, surname and first name, address, postal code, the series and the number of the ID card/passport, the personal identification number, the telephone number have the status of a data subject, in the sense of Law no. 677/2001. The purposes of collecting and processing your personal data (email address, username, surname and first name, address, postal code, the series and the number of the ID card/passport, the personal identification number, the telephone number) by S.C. Elmas S.R.L. are as follows:

• transmission by email of offers, promotions, advertising and marketing messages regarding the activity of S.C. Elmas S.R.L. and the products sold by S.C. Elmas S.R.L.;
• for conducting internal statistics, without S.C. Elmas S.R.L. incurring other obligations or payments towards you;
• retail mail order trade (including e-commerce), including the shipping of products ordered by its clients, issuance and communication of invoices;
• retail mail order trade (including e-commerce), including the confirmation of the order, shipping of the products ordered by its customers, issuance and communication of invoices, recording the invoices and the payments in the accounting and clarification of any aspects related to the order, shipping and payment;
• promoting the products and the services; marketing and advertising.

You are not obliged to provide your data, which is necessary to process your order and/or to promote our products and services via newsletters. Your refusal leads to the impossibility to take and process your orders and/or to the impossibility to send information about the promotional activities related to our products and services.
If you wish to receive information about our products and/or our promotional campaigns, and/or price offers, you need to send us:

• your surname and first name;
• your telephone number;
• your email address.

If you wish to place an order, in order to confirm the order, to issue the invoice and to deliver we need you to send us:

• your surname  and first name;
• your telephone number;
• your email address;
• your personal identification number;
• the series and number of your identity card/passport;
• your address.

The recorded information is intended for use by S.C. Elmas S.R.L. and it is communicated only to the companies which provide courier services, payment services and to the companies affiliated to S.C. Elmas S.R.L..
Do you wish to receive information about the products, services, events, etc. provided by S.C. Elmas S.R.L.?
□YES □NO
As per Law 677/2001 you have the right to access the data, to modify it, to not be subjected to an individual decision and to seek legal remedies. In addition, you have the right to object to the processing of your personal data and to request deletion thereof. To exercise these rights, based on a written request, dated and signed, mailed to S.C. Elmas S.R.L. at the address B-dul Griviței, nr. 1Y, Brașov - 500177, you can exercise, free of charge, the following rights:
- once a year, to receive confirmation whether your personal data is processed or not;
- to modify the submitted data;
- to object to processing the data, based on legitimate reasons relating to its particular circumstances;
- to request deletion of data, except as provided by laws. Furthermore, you are entitled to seek legal remedies.
Your data may be transferred to Bulgaria, Hungary or Moldova in order to deliver and install the ordered products (only if necessary and only at your request).
If some of your data is incorrect, please let us know as soon as possible.

If you have an account set up on the website www.1234.ro, S.C. Elmas S.R.L. will process the personal data provided by You when you filled in the form New Account (email address, username, password, password confirmation) throughout the existence of your account and, after your account is deleted, S.C. Elmas S.R.L. will transform your personal data (email address, username, password, password confirmation) in anonymous data and will process it for internal statistic reasons, as long as the company is established.
The personal data relating to email address, surname and first name, address, postal code, the series and the number of the ID card/passport, the personal identification number, the telephone number provided when placing the order (the purchase of products from the website www.1234.ro) will be processed by S.C. Elmas S.R.L. throughout the period provided by the law for keeping accounting records on the orders and payments you made and which concern products you ordered from the www.1234.ro website.
Your data is intended for use by S.C. Elmas S.R.L. for the purposes mentioned above and will not be disclosed to third parties, except for the courier companies which deliver the products you ordered and for possible agents of S.C. Elmas S.R.L. who will process the personal data in the name and on behalf of S.C. Elmas S.R.L. in compliance with Law 677/2001, to possible purchasers of the website www.1234.ro (as a result of sale or other forms of acquiring the website), of the IT company in charge of the optimal operation of the website (at present the company is S.C. WEBGABRIEL S.R.L.) which can be replaced in the future by another company at the sole discretion of S.C. Elmas S.R.L. and for which we deem to have received your consent via the placement of the order. By placing an order you express your consent for disclosure of your personal data to the following third parties: possible purchasers of the www.1234.ro website (as a result of sale or other forms of acquiring the website), agents of S.C. Elmas S.R.L. who will process the personal data in the name and on behalf of S.C. Elmas S.R.L. in compliance with Law 677/2001, to the courier companies (UPS, Urgent Curier).

15. CONFIDENTIALITY POLICY
In order to buy from www.1234.ro, it is mandatory to have an account on our website.
In addition, if you already have an account, you can modify at any time the data of the account or you can cancel your account any time you want to.
Should you decide to set up an account, it means that you agree to provide accurate, true, complete and current information about yourself and/or your company, as requested in the user registration fields.
If you fail to observe this obligation, S.C. Elmas S.R.L. reserves the right to block your access indefinitely, without prior notice.
Furthermore, if you decide to set up an account on the website www.1234.ro, please make sure that your password observes the following minimum requirements: it must contain at least 8 characters, it must not be easy to guess (e.g. password or your email address, your name, etc.) and it must not be the same password you use to access other accounts.
The personal data you provide upon registration or placement of an order is used by S.C. Elmas S.R.L. only for the stated purpose of this website (namely to confirm the order, for invoicing, delivery, transmission of informative and promotional newsletters) and will not be disclosed to any third party or made public for marketing purposes without your consent, except as provided by laws.

16. AMENDMENTS AND UPDATES
The general terms and conditions specified on www.1234.ro are subject to change due to legislative changes or other reasons. The date of entry into force of the new terms and conditions is their publication on www.1234.ro .
17. FURTHER INFORMATION, REQUESTS, COMPLAINTS
You can always send us your requests, in writing, by telephone or via the internet, at:
S.C. Elmas S.R.L.
1Y Griviţei Av., Braşov – 500177

18. INTERNATIONAL DELIVERIES
Orders shipped to countries outside the European Community may be subject to import taxes, customs duties charged by the destination country. As customs policies vary from country to country, users / customers of www.1234.ro / S.C. Elmas S.R.L. are asked to contact the local customs authorities for more information about the level / amount of the duty before ordering a product. S.C. Elmas S.R.L. cannot estimate these charges.

Furthermore, please note that customs proceedings may cause a delay in the estimated delivery times, and such delays are not under the control of S.C. Elmas S.R.L..

19. JURISDICTION
All sales performed by the company S.C. Elmas S.R.L. are considered to occur at the company's headquarters in Brașov, B-dul Griviței, Nr. 1Y, which is also the place where the obligation arose or that of the location of payment. Any litigation between customers and S.C. ELMAS S.R.L. will be settled amicably. If the parties fail to settle the dispute amicably, it shall be settled by the competent courts.

20. TRANSFER OF OWNERSHIP
The transfer of ownership of goods ordered from the website www.1234.ro occurs at the time of the delivery, after the customer makes the payment using one of the methods indicated in the section ”Payment Methods” and stated in the order  (delivery means signature acknowledging receipt on the waybill provided by the courier or on the invoice if the delivery is performed by the seller's personnel). The customer is obliged to take over the goods within the terms and in the conditions of the distance contract.
If the delivery is made by courier, the courier is not allowed by S.C. Elmas S.R.L. to allow the customer to open the packages before signing to acknowledge the receipt but after signing to acknowledge the receipt and after possible payment of their value, except for the service ”Package opened upon delivery”.

21. APPLICABLE LAWS

• Law on e-commerce - 365/2002 - republished
• Ordinance 130/2000 republished, on the legal regime of distance contracts
• Law 51/2003 on approving the Government Ordinance 130/2000 on the legal regime of the distance contracts
• Law 365/2002 on e-commerce - republished
• Government Ordinance 1308 of 11/20/2002 on the approval of the Methodological Norms for implementing Law  365/2002 on e-commerce
• Law on unfair terms concluded between traders and consumers, no. 193/2000 republished;
• Law on the protection of individuals with regard to the processing of personal data and on the free movement of such data - 677 / 2001
• Order no. 1453 of 01.03.2001 on the occupation of Webpages Designer
• Law  8/1996 on copyright and related rights
• Law 506/2004 on the processing of personal data in the electronic communications sector.  
• Regulation 4/2002 NBR concerning transactions by electronic payment instruments and the relationships between the participants to these transactions