END USER SERVICE AGREEMENT
(hereinafter referred to as the Agreement)
- The parties to this End User Service Agreement posted on the website https://adelun.md/ (hereinafter referred to as the Website) are:
- ADELUN DISTRIBUTION SRL (hereinafter referred to as the Seller), and
- Any individual who has legal capacity in accordance with Moldovan law, who is recognized as a participant in civil relations and who has signed up on the Website, accepted the terms and conditions hereof, places Orders on the Website and purchases Goods through the Website solely for personal, family, household and other needs not related to business activities (hereinafter referred to as the Buyer).
- In accordance with Article 1029 of the Civil Code of the Republic of Moldova (hereinafter referred to as CC of the RM), this Agreement is a public offer. By signing up on the Website or placing Orders on the Website, the Buyer, by clicking the “Place Order” button, confirms his/her agreement with all the terms and conditions hereof, which are understood as a number of conditions set forth below and in other documents on the pages of the Website.
- In this Agreement, the following terms shall have the following meanings:
- Acceptance shall mean full and unconditional acceptance of the terms and conditions hereof by the Buyer.
- Item shall mean a tangible object to be sold and bought, information about which is posted by the Seller on the Website, which is not removed from the stream of commerce and is presented for distance selling. The list of Items offered on the Website may be supplemented or reduced by the Seller.
- Order, Rapid Order shall mean an appropriately executed and placed order of the Buyer, which is addressed to the Seller for the purchase of the Items selected by the Buyer on the Website.
- Promotion, Promotional Items shall mean the Seller’s offer to sell a certain assortment of goods within a certain period of time at prices fixed for the Promotional period, including all taxes and fees provided for by the applicable Moldovan law.
- Distance selling of goods shall mean selling of goods under a retail sale and purchase agreement, executed upon the Buyer’s familiarization with the description of the Items offered by the Seller and displayed on the Seller’s Website, without direct familiarization of the Buyer with the Items or a sample of the Items when entering into such an agreement.
- Online store shall mean the Seller’s Website, on which any Buyer can familiarize himself/herself with the presented Items, their descriptions and prices, methods and cost of delivery, select a specific Item, place an Order and purchase this Item.
- Seller's Website shall mean a set of information resources posted on the Internet at https://adelun.md/, which is owned and administered by the Seller.
- This Agreement has been drawn up in accordance with the Civil Code of the Republic of Moldova, the Law on Protection of Consumer Rights of the Republic of Moldova, the Law on Internal Trade of the Republic of Moldova and other legal regulations adopted in accordance with them, as well as instruments regulating this area.
- Signing up on the Website
- To place an Order, the Buyer must go to the “Place Order” section on the Seller’s Website, provided that the Buyer has read and accepted this Agreement.
- When placing an order, the Buyer must provide the following information:
Surname and name of the Buyer.
Order delivery address.
- The Seller shall not be liable for the accuracy and correctness of the information provided by the Buyer during signing up. The Buyer shall bear all possible risks and costs caused by providing incorrect information.
- The Buyer shall not disclose to third parties the login and password specified when signing up. If the Buyer has any suspicions about the safety of his/her login and password or the possibility of their unauthorized use by third parties, the Buyer shall immediately notify the Seller by sending an e-mail to the address: firstname.lastname@example.org.
- Scope of the Agreement
- In accordance with this Agreement, the Seller provides to the Buyer the services associated with the use of the Website https://adelun.md/ for the purchase of Goods.
- The scope hereof is to provide to the Buyers with Internet access the opportunity to view and purchase various Items in the manner prescribed by this Agreement, by placing Orders on the Website accordingly.
- The current version of this Agreement is posted on the Website. The Seller may amend this Agreement (including any of its parts) without any special notice.
- Placement and delivery of the Order
- The Buyer places the Order through the Website https://adelun.md/ by choosing the Items, terms of delivery and payment. Before placing the Order, the Buyer may have a consultation with the Seller’s Manager using the feedback form or by phone +373 60116907 (Iachimciuc Vitalii).
- The Orders are processed on weekdays from Monday to Friday from 09:00 to 18:00.
- If the Order is placed and confirmed from 09:00 to 16:00 – the delivery is carried out on the same day from 16:00 to 19:00. If the Order is placed and confirmed after 16.00 - the delivery is carried out the next day from 10:00 to 19:00.
- If, after receiving the Order, it is found that the Seller does not have the ordered Items, the Seller notifies the Buyer to that effect within 24 hours. The Buyer may agree to purchase a similar available Item from the Seller or to cancel the Order. If the Buyer does not give a response within 12 hours from the moment the Buyer was notified by phone or e-mail, the Seller may cancel the Order in full subject to notice of the Order cancellation sent to the Buyer by e-mail.
- The Goods are handed over to the Buyer personally at the delivery address specified by the Buyer when placing the Order. Upon handing over of the Goods, the Buyer receives a quality certificate for the Goods and a payment receipt. When handing over the Order, the Buyer must check the quantity, appearance and integrity of the original package of the Goods. If the Buyer signs the documents confirming delivery without making comments, it shall mean that the Goods have no obvious defects and damages at the time of acceptance, the assortment and quantity of the Goods accepted correspond to the previously confirmed Order of the Buyer.
- Upon acceptance of the Goods, the Buyer and/or the Recipient shall confirm with his/her signature on a copy of the address label that the Items have been delivered and that the Order has been completed.
- If the delivery of the Goods is made within the agreed time frame, but the Goods are not transferred to the Buyer through the Buyer’s fault, the Seller may cancel the order without notice.
- Payment for the Goods is made in cash at the time of transfer of the Goods to the Buyer by the Seller’s representative. The payment on delivery shall include the price of the Goods, the cost of delivery (if the delivery is paid).
- If the Buyer provides inaccurate contact details or inaccurate Order details, the Seller shall not be liable for improper execution of the Order.
- Delivery is carried out within Chisinau municipality. The delivery area can be expanded by the Seller, and relevant information will be posted additionally on the Website.
- The Seller reserves the right to refuse to sell the Goods to the Buyer who has violated the terms and conditions hereof.
- Payment for the Order
- The price for each Item is displayed on the Website https://adelun.md/.
- Prices for any Items can be changed by the Seller unilaterally subject to obligatory posting of new prices on the Website.
- The moment of payment for the Order by the Buyer shall be the moment of executing a retail distance selling agreement between the Seller and the Buyer.
- Payment is accepted in Moldovan lei only.
- Ownership of the Goods passes to the Buyer at the time the Goods are accepted and the Buyer signs the documents confirming the delivery of the Order.
- Exchange and return of the Order
- In all cases of return and exchange of the Items, the Seller shall be governed by the applicable law of the Republic of Moldova.
- If the Item is not satisfactory to the Buyer due to any of its properties, the Buyer must contact the manager by e-mail: email@example.com or by phone: +373 60116907.
- The Buyer may ask to exchange or return a defective Item within 1 (one) business day after its transfer to the Buyer and payment for this Item.
- Items of proper quality cannot be returned. Only defective Items are subject to return.
- The exchange of the Items of good quality for another Items from the Seller’s assortment shall be carried out only if the Buyer preserves the marketable appearance, the integrity of the package, quality characteristics of the Items, complying with the temperature regime and storage conditions for the Items, and also if the Buyer has available a document confirming the fact and conditions of the purchase of the specified Items. The Items returned by the Buyer must be provided to the Seller in full, with all packages and stickers, unused.
- When exchanging the Items of good quality, the Buyer shall pay for the delivery of the new Items and the difference in the cost of the Items.
- If the Buyer refuses a low-quality Item, the Seller must refund to the Buyer the amount paid for the Item, excluding the delivery cost, no later than 10 business days upon receipt of the Item by the Seller.
- Refunds are made in cash or by transfer to the Buyer’s current account, within the time limit specified herein. To get a refund, the Buyer must send to the Seller’s email address indicated on the Website an application for return of the goods explaining the reasons for the return and indicating the Order number, bank account number, bank name, other necessary information, and copies of the documents accompanying the Goods upon delivery. The original application and the original documents confirming the delivery and payment for the Goods by the Buyer must be sent to the Seller in case the Seller accepts the return.
- Refunds shall be made only to the person who has paid for the Goods.
- The difference in design or decoration elements, packaging, minor differences in color tones from those stated in the description on the Website shall not be deemed to be a malfunction or defect of the Item.
- Rights, obligations and liability of the Parties
- All graphic and textual materials related to the image of the Goods and displayed on the Website https://adelun.md/, the domain name of the Website, trademarks, and the logo and design of the Website, drawings, presentations of samples of the Goods shall be the property of the Seller and/or the Seller’s commercial partners and/or their legal owners.
- Copying on any media, distribution and reprint of information available on the Website shall be possible only with the written consent of the Seller. Violation of this clause shall be deemed to be a violation of copyright laws. Ignorance of the above provisions is no excuse.
- The Seller shall make every possible effort to provide the Buyer with the necessary Items. The Order for the Items is accepted only if the Items are available in the warehouses of the Seller or its suppliers. Information about the availability of the Items posted on the Website shall not give rise to the claims made by the Buyer against the Seller.
- The Seller shall not be held liable in cases the Buyer use improperly the Items purchased through the Website.
- The Seller may transfer its rights and obligations for the execution of Orders to third parties, for whose actions the Seller shall be held liable as for its own actions.
- The Seller shall not be liable for interruptions in the provision of services caused by technical interruptions in the operation of the equipment and software of the Website.
- The Seller may record telephone conversations and electronic correspondence with the Buyer. The Seller shall prevent attempts of unauthorized access to information or its transfer to persons not directly involved in the execution of Orders; timely detect and suppress such facts. Telephone conversations may be recorded in order to monitor the activities of the Seller and control the quality of execution of Orders.
- The Buyer gives consent to processing of his/her personal data in order to comply with the terms and conditions hereof. The processing of personal data shall mean actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer to third parties acting under an agreement with the Seller to fulfill obligations to the Buyer), depersonalization, blocking and destruction of personal data. This consent is given for the entire term of the Agreement. The Seller shall not be liable for the disclosure of the Buyer’s personal data that occurs as a result of unauthorized access by third parties to any Internet resources, any databases, any system devices and other storage facilities of both computer and any other information, provided there is no fault of the Seller.
- The Buyer shall not use the Goods purchased through the Website for business purposes.
- When placing an Order on the Website, the Buyer shall provide information about himself/herself, which must not
- be false, inaccurate or misleading,
- contain computer viruses and other computer programs aimed, in particular, at causing harm, unauthorized intrusion, secret interception or misappropriation of data by any system, or the system itself, or part of it, or personal information or other data,
- otherwise violate the applicable law of the Republic of Moldova.
- The Buyer may send all claims for improper execution of the Order by the Seller to the e-mail address firstname.lastname@example.org or contact us by phone: +373 60116907. All information received is processed as soon as possible.
- The Seller’s liability to the Buyer shall be limited to the amount paid by the Buyer for certain Goods.
- All information content presented on the Website is for reference only and cannot completely convey reliable information about certain properties and characteristics of the Items, such as, for example, composition, color scheme, shape, packaging, etc. If the Buyer has any questions concerning the properties and characteristics of the Items before confirming the Order, the Buyer must contact the Seller’s manager for advice, send a request to the e-mail address or by phone specified above.
The substantive law of the Republic of Moldova shall govern the relationship between the Buyer and the Seller.
- In case of any claims from the Buyer, the Buyer must contact the Seller’s contact center by phone +373 60116907 or by e-mail email@example.com.
- The parties shall settle all arising disputes through negotiation. If it is impossible to reach an agreement, the dispute shall be referred to the Chisinau court in accordance with the applicable law of the Republic of Moldova.
- The Seller reserves the right to edit information about the Items (including the prices of the Items), expand and shorten the list of Items on the Website without prior notice to the Buyer, regulate access to the purchase of any Items, suspend or stop the sale of any Items at its sole discretion, and regulate access to browsing the Website, purchasing any Items.
- The Seller reserves the full and unconditional right to amend unilaterally in any way, i.e. - change, supplement, delete and otherwise correct any clauses (and parts of clauses) of this Agreement without prior notice to the Buyer. The amended Agreement shall come into effect upon its publication, unless otherwise provided for in the text of the amended Agreement.
- When placing an Order on the Seller's Website, the Buyer automatically confirms his/her full and clear understanding of all and any possible characteristics of each Item ordered and automatically confirms his/her full agreement with all the specified characteristics of the Items presented on the Website, and confirms his/her full interest in purchasing the ordered Items, and also understanding the essence of the Items. The Seller shall not be liable for the Buyer’s unreasonable expectations.
- The invalidity of any clause (or part of a clause) of this Agreement shall not entail the nullity of the remaining clauses (and parts of clauses) hereof.
- The Buyer agrees that the Seller reserves the right to block and/or delete the Buyer’s account or terminate the validity of the Buyer’s account in relation to any services of the Website if the Buyer violates any of the provisions hereof. The Buyer has the right at any time to demand from the Seller the deletion and/or blocking of the Buyer’s account on the Website. To do this, the Buyer must send a corresponding request to the Seller.