1.1. Malagoli does not request its Customers or Users by any means of communication (email / phone / SMS, etc.) information regarding confidential data, bank accounts / bank cards or passwords.
1.2. The Customer / Member assumes full responsibility for disclosure to any third party of their confidential data.
1.3. Malagoli disclaims any responsibility, in case a Member / Customer were / is prejudiced in any way by a third party that claims to be / represent the interests of Malagoli.
1.4. The Customer or Member shall inform Malagoli regarding such attempts, using the contact information.
1.5. Malagoli does not promote SPAM. Any Member / Customer who has explicitly provided their email address on the site can choose to disable the customer account associated to this e-mail, in complaince with the conditions referred to in art. 5.3. of this Document.
1.6. Malagoli’s communications made by electronic means of distance communication (e.g. e-mail) contain complete and accurate identification data of the sender or links to them, at the time of sending the content.
1.7. These purposes, once achieved, will be considered attempts to defraud the Malagoli Site / Contents, the latter reserving the right to start prosecution against those who tried to, or achieved this (these) aim (s):
• 1.7.1. to access data of any type of another Member / Customer using an account or by any other method;
• 1.7.2. to alter or modify the content of the Site or any correspondence sent by any means by Malagoli the Member / Customer;
• 1.7.3. to affect the performance of the server / servers the site is running;
• 1.7.4. to access or disclose to any third party that does not have the necessary legal authority, the content sent by any means by Malagoli to the Member / Customer when this is not the legitimate recipient of the content.
2. Limitation of liability
2.1. Malagoli can not be held responsible in any way against any Member / Customer using the Site or Contents, other than within the articles constituting Terms and Conditions.
2.2. If a Member / Customer believes that the Content sent by any means by Malagoli violates the copyrights or other rights, they can contact Malagoli for details, according to the contact details, so that Malagoli can make an informed decision.
2.3. Malagoli does not guarantee to a Member or Customer the access to the site or service, in the absence of registration by the latter by following the registration steps on the site, and does not grant the right to download or modify partially and / or totally, full or partial reproduction of the contents, copy, or exploit any content in any other manner, or to transfer any content on any third party which it has and / or obtained access, based on a usage agreement, without Malagoli’s prior written consent.
2.4. Malagoli is not responsible for the content, quality or nature of other websites which are accessible through content links, regardless of the nature of these links. For those sites, the responsibility is entirely their owners.
2.5. Malagoli is exonerated from any fault in case of use of sites and / or contents sent to the Member or Customer, by any means (electronic, phone, etc.) via websites, e-mail or a Malagoli employee when this use of the content may or does harm in any way the Member, Customer and / or any third party involved in the transfer of Content.
2.6. Malagoli does not offer any direct or indirect guarantees such as:
• 2.6.1. service will be according to the customer requirements;
• 2.6.2. service will be uninterrupted, secure or without errors of any kind;
• 2.6.3. products / services obtained for free or purchased through the service will meet the requirements or expectations of the customer.
2.7. Within the limits of the provisions of Terms and Conditions, the operators, managers and / or owners of the site are not in any way responsible for relations or consequences resulting from, yet not limited to, procurement, special offers, promotions, or any other type of relationship / connection / transaction / collaboration / etc. which may arise between the Customer or Member and any of those who make direct or indirect promotion through the site.
2.8. Promotional materials (including yet not limited to campaign banners) used to present each campaign on the site and / or on the Facebook page of the company, are exclusively promoting the articles, the use of the banners not being construed as an obligation assumed by Malagoli to actually have in stock, for purposes of trade, the products that appear or may occur in them. Thus, only the products presented on the site, having set the selling price and their characteristics serve the commercial purposes of the company (are available for sale).
3. Force majeure and fortuitous event
3.1. Except the cases which do not expressly provide otherwise, none of the parties who signed a contract, which is still in progress, will not be liable for failure to perform on time and / or properly, totally or partially, of any of the obligations incumbent on the contract, if the failure to carry out the obligation was caused by a force majeure event.
3.2. The party or the legal representative of the party invoking the event above mentioned, shall notify the other, immediately and completely, and take any measures that are available in order to limit the consequences of that event.
3.3. The party or the legal representative of the party invoking the event above mentioned is relieved of this obligation only if the event prevents it to finalize it.
3.4. If within 15 days from the date of the respective event, it does not stop, each party shall be entitled to notify the other party of the rightful closure of this contract without any of them to be entitled to claim damages from the other party.
3.5. The party invoking the force majeure must prove the impossibility of performing its obligations within 30 days from the date of the event but within the provisions of art. 10.3.
4.1. By using / visiting / viewing / etc sites and / or any content sent by Malagoli to the Member/ Customer by accessing and / or sending by any means (electronic, phone, etc), it agrees at least with the provisions Terms and Conditions.
4.2. Any dispute regardingto the present Terms and Conditions that may arise between the Member / Customer and Malagoli will be solved amicably, the parties making all necessary efforts in this regard.
4.3. Any dispute, of any sort, that might arise between the Member and Malagoli or its partners will be resolved amicably. If this is not possible, the conflict will be resolved by the competent court where Malagoli has the headquarters, according to the Romanian laws in force.
4.4. If any of the above clauses will be found null and void, regardless of the cause, this clause will not affect the validity of the remaining provisions.
4.5. This document has been prepared and will be construed in accordance with the Romanian legislation.