1. Definitions

S.C. Malagoli S.R.L. - Company Malagoli S.R.L. organized under the Romanian law.

SITE - malagoli.ro domain, including but not limited to the public site available.

CONTENT has the following definition:

•    all information on the SITE can be visited, viewed or otherwise accessed through the use of digital equipment;

• the content of any email sent to USERS or CUSTOMERS by Malagoli through electronic and / or any other means of communication available;

• any information communicated by any means by a Malagoli employee to the USER or CUSTOMER, according to the contact information specified by the USER or not;

• information regarding the products, services and / or tariffs of Malagoli in a certain period;

• information regarding the products, services and / or tariffs of a third party that Malagoli has signed partnership agreements with, in a particular period;

• data on Malagoli, or other privileged data.

CAMPAIGN - action to expose for commercial purposes, electronically solely and only via the website of a finite number of products with a limited and pre-defined stock, for a limited period of time set by Malagoli.

SERVICE - ecommerce service driven solely on publicly available portions of the SITE, offering the possibility to give the CUSTOMER contract products and / or services using exclusively electronic means, including other means of remote communication.

MEMBER - Individual who has or obtains access to CONTENT, by any means of communication made available by Malagoli (electronic, telephone, etc.) or under an agreement existing between Malagoli and the MEMBER, which requires to create and use an ACCOUNT.

ACCOUNT - assembly made up of an e-mail address and a password that allows a single MEMBER to access restricted areas of the SITE which gives access to the SERVICE.

CUSTOMER - any Individual and/or Company who is a Malagoli MEMBER, and placed at least an order on the website.

DOCUMENT - current Terms and Conditions

CONTRACT  - as defined in O.G. 130/2000 art. 2.a .: contract for the supply of goods or services concluded between a trader and a consumer under a system organized by the trader who uses exclusively, before and at the end of the contract, one or more means of remote communication;

NEWSLETTER / ALERT – periodical, solely electronic, sent via the available means of communication (e-mail, SMS) which holds information on the products, services and / or promotions conducted by Malagoli over a certain period, without any commitment from Malagoli related to the information contained herein.

TRANSACTION - collection or refund of an amount resulting from the sale of a product / service by Malagoli to the Customer, through the use of the card processor agreed by Malagoli, regardless of method of delivery;

PROCESSING FEE FOR CASH ON DELIVERY – for any order paid in cash there is a Processing Fee for Cash on Delivery. Each order sent by Malagoli involves logistics costs of storage, transport, handling and packaging of their products, as well as collecting and processing cash expenses. All these costs are included in the Processing Fee for Cash on Delivery, which is a flat tax, therefore paid once for an order placed, regardless of the number of products ordered simultaneously.

For orders paid with the card there is no Processing Fee for Cash on Delivery.

 

 2. General

2.1. The document establishes the terms and conditions of use of the Site / Content / Service by a Member or a Customer, if it does not have another valid usage agreement, concluded between it and Malagoli.

2.2. Use, including but not limited to accessing, visiting and viewing the Content / Service, involves the Member or Customer agreeing to the present terms and conditions unless the content does not have distinctly formulated usage conditions.

2.3. Access to the service is only available by accessing the public site malagoli.ro.

2.4 By using the Site / Content / Service, the Member or Customer is solely responsible for all activities under its usage. He is also liable for any material, intellectual, electronic or any other kind of damages made to the Site, Content, Service, Malagoli or any third party with whom Malagoli has signed contracts, according to Romanian legislation in force.

2.5. If the User or Customer disagrees and / or does not accept and / or revokes the approval given for the Document:

•    2.5.1.The User/Customer gives up on: access to the Service, other services offered through the Site Malagoli, receiving their newsletters / alerts and / or communications from Malagoli of any kind (email, phone call, SMS etc) without any subsequent guarantee from Malagoli.

• 2.5.2. Malagoli will erase all data referring to it in its database without any further obligation of any party against the other or none of the parties to claim damages from the other party.

•    2.5.3. They can change their decision at any time to disagree and / or not to accept the document, as it will be available at that time.

2.6. The Customer / Member can change his/hers decision at any time to agree and / or accept the Document as it will be available at that time.

2.7. To exercise the right stipulated in Article 2.5, they can contact Malagoli or use the links in the content received from Malagoli for this purpose.

2.8. The Customer may not revoke its consent in favor of the Document during the period of the contract or until they will not pay the value of all outstanding contracts to Malagoli.

2.9. If the Customer has paid for the all the outstanding Contracts to Malagoli and revoke their consent expressed in favor of the Document during an Order, the Customer shall indicate the reasons for the revocation of the agreement or, with Malagoli will determine how to solve the case. If after the revocation of the agreement, the Customer expressly and unequivocally require the cancellation of orders in progress, Malagoli can cancel and will refund the customer the amounts paid within the period stipulated by law.

2.10. This Site is only for Members, individuals  who are at least 18 of age, who have undergone proper registration steps and have not been suspended or removed by Malagoli, regardless of the reason for suspension or removal. The possibility to order online is available both to individuals residing in Romania, as well as those living abroad. By becoming a Member, Malagoli will consider that the person meets the conditions mentioned above.

 

 3. Content

3.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and / or multimedia content displayed on the Site are the exclusive property of Malagoli, the latter having all rights in this respect obtained directly or indirectly (through licenses for the use and / or publication).

3.2. The Member or Customer is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to exposure, including any content in any other context than the original one intended for Malagoli, including any content outside the Malagoli site, to remove the signs that signify the copyright of Malagoli on the content as well as the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content unless with the consent of Malagoli.

3.3. Any content to which the Member or Customer has and / or gain access through any means, is subject to the Document. If the content is not accompanied by a specific and valid user agreement between Malagoli and the former, and without any implicit or explicit guarantee from Malagoli with reference to that content, the Member / Customer will be directly responsible for his actions.

3.4. The Member or Customer may copy, transfer and / or use the content only for personal or non-commercial purposes only if they are not up against the provisions of the Document.

3.5. If Malagoli gives the Member or Customer the right to use, as described in a distinct usage agreement, a certain content that the Member has or obtains access through this agreement, this right extends only to that or those contents defined in the agreement, only during its existence or the existence of other contents on the site or the period defined in the agreement, under the defined conditions, if they exist and do not represent a contractual agreement from Malagoli for that Member, Customer or any third party that has / gets access to this content transferred, by any means and which may be or is damaged in any way as a result of the content, during or after the user agreement has expired.

3.6. No content transmitted by the Member or Customer, by any means of communication (electronic, telephonic, etc) or acquired by them by accessing, visiting and / or viewing does not constitute a contractual obligation from Malagoli and / or Malagoli employee who has mediated the transfer of content, if any, to the respective content.

3.7. It is forbidden any use of the Content other than as expressly permitted through the document or the user agreement that accompanies it, if any.

 

 4. Contact

4.1. Malagoli publishes on the site, the identification and contact data, updated to inform the Customers or Members.

4.2. By using the contact form or the service present on the site, the Member or the Customer allows Malagoli to contact them by any means available, including electronic means, the electronic mail respectively (e-mail, SMS).

4.3. Partial or total completion of the contact form and its submission do not represent any commitment from Malagoli to contact the Member or the Customer.

4.4. Accessing the Site, using the information presented on the site, visiting the pages or sending e-mails or notifications addressed to Malagoli is done electronically, by telephone, or by any other means of communication available to the Member or the Customer. Thus, Malagoli considers that the Member or the Customer agrees to receive notifications from Malagoli electronically and / or by telephone, including communications by e-mail, SMS or advertisements on the site.

4.5. Malagoli reserves the right not to respond to the requests of any nature, unrelated to the goods / services featured on the site or a contract with a Member or Customer, received by any means of communication (electronic, phone call, SMS, etc. ).


 5. Newsletters and alerts

5.1. When, a Member or a Customer creates an Account on the Site, they accept the Document (Terms & Conditions), expressing their consent to receiving newsletters and / or alerts from Malagoli, sent by electronic mail (e-mail, SMS) and / or phone call. The option on the agreement issued by the Customer or Member may be modified at any time, in compliance with the provisions of art. 5.3.
5.2. Data taken from a Member or Customer, with the purpose of sending those newsletters and / or alerts, can and will be used by Malagoli within the constraints of Privacy Policy.

5.3. Renouncing to receive newsletters and / or alerts by the Member or the Customer can be done at any time:

•    5.3.1. using the special link within any newsletters and / or alerts received.

•    5.3.2. by using the options available in the Customer Account, to modify their agreement to receive newsletters and / or alerts;
• 5.3.3. by contacting Malagoli, using tools available on the website at "CUSTOMER SUPPORT" section, without any further obligation of any party to each other.

5.4. Renouncing to receive their newsletters and / or alerts does not imply renouncing to the approval given for the document.
5.5. Malagoli reserves the right to select its Members or Customers who have previously expressed their consent to receive newsletters and / or alerts to which it will send such notifications, and the right to remove from its database any Member or Customer, without any subsequent commitment from Malagoli. In this case, the Member or Customer may appeal to the Customer Relations Department of Malagoli to get justifications required in connection with any decision and / or action taken by Malagoli, with the purpose of this article.

5.6. Malagoli will not include in newsletters and / or alerts sent to the Member or the Customer any other advertising material in the form of content which refers to a third party that is not a Malagoli partner, when sending their newsletters and / or alerts.


 6. Final dispositions

6.1. Malagoli reserves the right to make any changes to these provisions and any changes in the website / its structure / service and any Content without previous notice to Members or Customers.

6.2. Within the limits of Terms and Conditions, Malagoli shall not be held responsible for any errors that appear on the site for any reason, including due to changes, settings, etc., that are not made by the site administrator.

6.3. Malagoli reserves the right to introduce any kind of banners and / or links on any page of the website, in compliance with legislation in force.

 

 7. Feedback

7.1. If you have any questions or suggestions about Malagoli, please contact us at the numbers 0757 615 908; 0734 587 388 , Monday through Friday, or email to contact@malagoli.ro

7.2. Any comments, questions, feedback, ideas, suggestions or other communications or information on or referring to the malagoli.ro site, the functionality or improvement of it will become and remain the property of SC Malagoli SRL, from the date of transmission to Malagoli, by any way of communication.

© –Last update: 2017 - Malagoli S.R.L.