Termeni generali

TERMS AND CONDITIONS for the online store berezka.ro:

I. OBJECT

Article 1. (1) These general terms and conditions aim to regulate the relationships between BEREZKA STORES SRL, with fiscal identification number RO33635883, headquartered in Romania, Bucharest, J40/11243/2014, Bd. Ion Mihalache, no 111, sector 1, hereinafter referred to as the supplier, and customers, hereinafter referred to as users, on the electronic commerce platform berezka.ro, hereinafter referred to as "berezka.ro."

II. PROVIDER DETAILS

Article 2. (1) Information in accordance with the Law on Electronic Commerce and the Consumer Protection Law regarding the Provider:

1. Supplier's Name: BEREZKA STORES SRL

2. Registered office and management address: Romania, Bucharest, Bd. Ion Mihalache, no 111, sector 1

3. Business address and address for user complaints: Romania, Bucharest, Bd. Ion Mihalache, no 111, sector 1

4. Correspondence details: Romania, Bucharest, Bd. Ion Mihalache, no 111, sector 1, info@berezka.ro, mobile phone number +40 773 365 084

5. Registration in public records: Unique fiscal identification number J40/11243/2014, RO33635883

6. Number and date of registration certificate for a food production, processing, and/or distribution facility at the Romanian Food Safety and Chain Control Authority (BABH): ROONRC.J40/11243/2014

7. Registration under the Value Added Tax Law RO33635883

(2) Supervisory authorities:

1. National Supervisory Authority for Personal Data Processing

Address: B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, postal code 010336, Bucharest, Romania

2. Consumer Protection Commission

Bulevardul Aviatorilor nr. 72, sector 1, Bucharest

Fax: 021.314.34.62

Phone: 0377 755 100

Website: www.anpc.ro

III. PLATFORM FEATURES

Article 3. berezka.ro is an electronic commerce platform available at the internet address https://www.berezka.ro/, through which users have the possibility to enter into sales and purchase contracts and the delivery of goods offered by the supplier on the berezka.ro platform, including the following:

1. Register and create a profile to view the supplier's electronic store and use additional information delivery services.

2. View goods, their features, prices, and delivery conditions.

3. Conclude sales and purchase contracts and delivery of goods offered on the berezka.ro platform with the supplier.

4. Make any payments related to contracts concluded through the berezka.ro platform, using electronic payment methods. Debit cards, credit cards, and business cards issued by Visa and Mastercard are accepted. Payments are made through the terminal at the time of delivery or through a link on the berezka.ro website.

5. Receive information about new goods offered by the supplier on the berezka.ro platform.

6. Make electronic statements regarding the conclusion or execution of contracts with the supplier on the berezka.ro platform, through the interface on the berezka.ro page available on the internet.

7. Be informed about their rights conferred by law, mainly through the interface of the berezka.ro platform on the internet.

8. Exercise their right of withdrawal, when applicable, in accordance with the Consumer Protection Law.

Article 4. The supplier on the berezka.ro platform organizes the delivery of goods and guarantees the rights of users provided by law, within the limits of good faith, criteria, and conditions adopted in practice, as well as in accordance with consumer or merchant law.

Article 5. (1) Users enter into a sales and purchase contract with the supplier on the berezka.bg platform for goods at the address https://www.berezka.ro/. The contract is concluded in Romanian and is kept in the supplier's database on the berezka.ro platform.

(2) Based on the contract concluded with users, the supplier on the berezka.ro platform undertakes to organize the delivery and transfer of ownership of goods to users, according to the information provided by them through the interface of the berezka.ro platform. Users have the right to correct information entry errors until the moment of sending the contract conclusion statement to the supplier on the berezka.ro platform.

(3) Users pay the supplier on the berezka.ro platform a fee for the supplied goods, in accordance with the conditions set out on the berezka.ro platform and these general terms and conditions. The fee consists of the price displayed on the berezka.ro platform.

Article 6. (1) The user and the supplier on the berezka.ro platform agree that all statements between them related to the conclusion and execution of the sales and purchase contract can be made electronically and through electronic statements in accordance with the Law on Electronic Documents and Electronic Signatures and Article 11 of the Law on Electronic Commerce.

(2) It is presumed that electronic statements made by users on the site have been made by the individuals indicated in the data provided by users at registration if the user has entered the corresponding name and password for access.

IV. REGISTRATION FOR USING BEREZKA.RO

Article 7. (1) To use berezka.ro to conclude sales and purchase contracts for goods, the user must enter a username and a remote access password that is considered to have accepted the current general terms and conditions.

(2) The username and remote access password are set by the user by performing an online registration on the supplier's site on the berezka.ro platform, according to the specified procedure there.

(3) When entering the registration data by pressing the "Register" buttons or by pressing the connect button with Facebook or Google, the User must also declare that they are familiar with these general conditions, agree with their content, and commit to abide by them without reservations.

(4) The Supplier confirms the User's registration by sending a letter to the email address specified by the User. An account is created for the User, and contractual relationships are established between them and the Supplier.

(5) Upon registration, the User undertakes to provide correct and up-to-date information. The User commits to appropriately update the information provided at the time of registration in case of any changes.

V. TECHNICAL STEPS TO CONCLUDE A SALES-PURCHASE CONTRACT

Article 8. Users use the interface of the Supplier's page on the berezka.ro platform to conclude sales and purchase contracts for products offered by the Supplier.

Article 9. Users conclude the sales and purchase contract for products on the berezka.ro platform following the procedure below:

1. Registration on the berezka.ro platform and providing necessary data if the User does not yet have registration on the berezka.ro platform.

2. Logging into the order placement system on the berezka.ro platform by identification with a username and password or through one of the available options (Facebook or Google).

3. Selecting one or more products offered by the Supplier on the berezka.ro platform and adding them to the list of products for purchase.

4. Providing necessary delivery information: delivery address, the names of two contact persons, email address, and phone number.

5. Choosing a day and a time window for delivery.

6. Choosing the method and time of payment of the price.

7. Confirming the order.

VI. CONTRACT CONTENT

Article 10. (1) The Supplier and Users conclude separate sales and purchase contracts for the products selected by Users, regardless of whether they are selected through a single electronic statement and from a single list of products for purchase.

(2) The Supplier may organize the simultaneous delivery of ordered products within individual sales and purchase contracts.

(3) Users' rights regarding delivered products are exercised separately for each sales and purchase contract. Exercising rights related to a delivered product does not affect or influence the sales and purchase contracts of other delivered products. In the case where the User is considered a consumer according to the law, exercising the right of withdrawal from the sales and purchase contract of a specific product does not affect the sales and purchase contracts of other products delivered to the consumer.

(4) If the User is not at the specified address in their order during the established delivery window, they must inform the Supplier at least 2 hours before the start of the delivery window. Otherwise, the Supplier reserves the right to organize a new delivery to the address specified in the order, based on its own assessment and availability.

(5) The User is responsible for the cost of delivery and any other associated expenses, if applicable, in the following situations:

1. The customer is not at the specified address at the time of placing the order in the delivery window selected by them without informing the Supplier in advance, as per paragraph 3, and a new delivery is made to the address specified in the order after the order has been returned to the Supplier's warehouse.

2. If the new delivery is organized on a day and time specified by the User outside the Supplier's schedule and assessment for the delivery interval.

(6) The User agrees that, for fresh products, fruits, and vegetables sold in bulk, the delivered quantity may differ by up to 10% from the ordered quantity. The same rule applies to vacuum-packaged products for which an exact weight is not specified.

(7) The Supplier reserves the right to refuse the execution of an order by the User at any time and at its own discretion without being required to provide reasons for refusal.

(8) The Supplier accepts orders that meet the needs of a single household. In the case of orders with larger quantities of products, the Supplier reserves the right to refuse the execution of the order by the User.

(9) The User has the right to refuse the delivery of products received from the Supplier within 1 hour from the moment of delivery to the User, provided that they keep the received products according to the storage requirements specified on the packaging and do not affect the integrity of the packaging in any way until handing over the products to a representative of the Supplier.

Article 11. When exercising rights based on the sales and purchase contract, the User is obligated to clearly and unambiguously specify the contract and the product to which the exercise of rights refers.

Article 12. The User can pay the price for individual sales and purchase contracts in a single installment at the time of placing the order for products or at the time of their delivery.

VII. SPECIAL CLAUSES APPLICABLE TO PERSONS WHO QUALIFY AS CONSUMERS, ACCORDING TO THE LAW ON CONSUMER PROTECTION

Article 13. The rules in this Section VII of the General Terms and Conditions apply exclusively to Users for whom, based on the information provided at the conclusion of the sales and purchase contract or registration on berezka.ro, it can be concluded that they qualify as consumers according to the Consumer Protection Law, the Electronic Commerce Law, and/or Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011.

Article 14. (1) The main characteristics of the products offered by the Supplier on the berezka.ro platform are specified in the profile of each product on the berezka.ro platform.

(2) The price of the products, including all taxes, is determined by the Supplier in the profile of each product on the berezka.ro platform.

(3) Each product on promotion is marked with a special sign. The duration of promotions is determined by the Supplier for each promotion, starting from the date mentioned in the price reduction announcement and valid until the date mentioned therein or until the stock is depleted, but not more than one month and not less than one business day.

(4) The value of transport costs, not included in the price of the products, is determined by the Supplier on the berezka.ro platform and is provided to Users at the time of selecting products for the conclusion of the sales and purchase contract.

(5) The methods of payment, delivery, and contract execution are established in these General Terms and Conditions and the information provided to Users through the mechanisms of the berezka.ro platform.

(6) The information provided to Users under this article is valid at the time of viewing on the berezka.ro platform before the conclusion of the sales and purchase contract.

(7) Users agree that all information required by the Consumer Protection Law can be provided through an interface on the berezka.ro platform or by email.

Article 15. (1) The consumer agrees that the Supplier on the berezka.ro platform has the right to receive payment in advance for sales and purchase contracts concluded with the consumer for products and their delivery.

(2) The consumer decides on their own whether to pay the Supplier on the berezka.ro platform the price for the delivery of products in advance or at the time of their delivery. Card data is not stored on the berezka.ro platform and is entered by the client (the cardholder) personally into the secure platform of the bank.

(3) In case the value of the order placed by the Consumer exceeds or is equal to 10,

000 RON, payment is made only by bank transfer or deposit into the Supplier's account.

Article 16. (1) Regarding products that are not consumables and fall within the scope of the Consumer Protection Law regarding distance contracts, the Consumer has the right, without owing any compensation or penalty and without providing a reason, to withdraw from contracts within 14 days from the date of receiving the product from the Supplier, using the unique withdrawal form available on the Supplier's website on the berezka.ro platform in Annex No. 1 to these General Terms and Conditions. Information about the exercise of the right of withdrawal is available in Annex No. 2 to these General Terms and Conditions. For all other consumable products, the Consumer has the right to withdraw within 1 hour from the moment of delivery of the product to the Consumer, provided that the original packaging is not opened, and the integrity of the product is not affected.

(2) The right of withdrawal provided in paragraph (1) does not apply in the following cases:

1. For the delivery of products made to the consumer's specifications or tailored to their individual requirements;

2. For the delivery of products that, by their nature, can deteriorate or have a short shelf life;

3. For the delivery of sealed products that cannot be returned for reasons of hygiene or health protection and have been unsealed after delivery;

4. For the delivery of products that, after delivery, and due to their nature, are inseparably mixed with other products;

5. For the delivery of sealed audio or video recordings or sealed computer software that has been unsealed after delivery;

6. For the delivery of newspapers, periodicals, or magazines, except for subscription contracts for the delivery of these publications.

(3) When the Supplier on the berezka.ro platform fails to fulfill the obligation to provide information as required by the Consumer Protection Law, the Consumer has the right to withdraw from the contract within one year and 14 days, starting from the date of receiving the product. If the information is provided within the withdrawal period, the term starts from the date of providing the information. The Consumer has the right to submit the withdrawal declaration under this article directly to the Supplier through the unique withdrawal form on the Supplier's website on the berezka.ro platform at the address Annex No. 1 to these General Terms and Conditions, concerning products that are not consumables and fall within the scope of the Consumer Protection Law regarding distance contracts.

(4) When the Consumer exercises their right to withdraw from the distance contract or the contract outside commercial premises, the Supplier shall refund all sums received from the Consumer, including delivery costs, without undue delay and in any case, no later than 14 days from the date on which the Supplier is informed of the Consumer's decision to withdraw from the contract. The Supplier will make the refund using the same payment method used by the Consumer in the initial transaction, unless the Consumer has expressly agreed to another payment method, and this does not entail any additional costs for the Consumer.

(5) In case of exercising the right of withdrawal, the Consumer is responsible for the costs of returning the delivered products unless the Consumer arranges the return of the products at their own expense. The Supplier is not obliged to refund the additional delivery costs of the products when the Consumer has expressly chosen a different delivery method than the cheapest standard delivery method offered by the Supplier.

(6) The Consumer is responsible for keeping the products received from the Supplier on the berezka.ro platform and ensuring their quality and safety throughout the period specified in paragraph (1).

(7) The Consumer can exercise their right to withdraw from the contract with the Supplier by submitting a written statement to the Supplier through the standard withdrawal form, available at Annex No. 1 to these General Terms and Conditions.

(8) When the Supplier on the berezka.ro platform has not offered to recover the products, it may retain the payment until it receives the products or until the Consumer provides evidence that they have returned the products, depending on which occurs first.

Article 17. (1) The delivery term of the product is specified for each product individually at the conclusion of the contract with the Consumer through the Supplier's website on the berezka.ro platform, and the products can be delivered in a time window selected by the User.

(2) If the Supplier on the berezka.ro platform cannot fulfill the contract due to the lack of ordered products, it will apply one of its methods published on the berezka.ro platform and in accordance with Article 22 below, after obtaining the express consent of the Consumer.

Article 18. In the case of a sales contract for products containing alcohol and for the order of alcoholic beverages, the User declares that they are at least 18 years old.

VIII. CONTRACT EXECUTION

Article 19. (1) The Supplier fulfills orders within the terms and prices specified in its delivery policy available on the berezka.ro platform.

(2) The Supplier on the berezka.ro platform may organize the delivery and handover of goods to the User by a suitable courier within the period specified in the contract.

(3) If the term mentioned in paragraph (1) is not expressly agreed between the parties at the conclusion of the contract, the Supplier will organize delivery and handover within a reasonable period. In case the Supplier fails to organize the delivery within the specified period, it must inform the User in advance.

(4) If the User is not present at the specified delivery address within the chosen time slot:

1. The Supplier will make the delivery at another time convenient for the Supplier, and the User will have to pay the additional costs for delivery and any other costs related to the initial order, if any;

2. If the User has indicated the next day for delivery, the Supplier does not guarantee the quality of fresh products.

(5) If the User cancels a paid order through online payment and the order is canceled before the start of the execution process, the entire amount of the order will be refunded by the Supplier.

Article 20. (1) The User must check the products at the time of delivery and immediately notify the Supplier through the berezka.ro platform if they do not meet the requirements.

(2) If the User does not notify the Supplier on the berezka.ro platform according to paragraph (1), the products will be considered approved as conforming to the requirements, except for hidden defects.

Article 21. The Supplier on the berezka.ro platform is not obliged to provide service for product maintenance.

Article 22. (1) The Supplier applies its product replacement policy published on the berezka.ro platform.

(2) If the User, when placing the order, has agreed to the replacement of missing products at the discretion of the Supplier, in case there are missing products and there are replacement products in the Supplier's stock, it will select suitable replacement products in terms of species, quality, and price and will include them in the User's order.

(3) If the Supplier on the berezka.ro platform cannot fulfill the contract due to the lack of ordered products, it is obligated to notify the User, and in case the payment remains on delivery, the value of the missing products will be deducted from the final price of the order.

(4) If the Supplier on the berezka.ro platform cannot fulfill the contract due to the lack of ordered products, it must notify the User, and if the orders were paid online at the time of placing them, the Supplier will offer the User one of the following two options: to provide a promotional code for a discount equivalent to the value of the missing products or to refund the corresponding amount to the User's bank account. In the absence of an express statement from the User regarding their chosen option and the non-indication of a bank account, the Supplier will provide a promotional code that the User can use on their next order.

Article 23. (1) For situations not regulated in this chapter, the rules of commercial sales defined in the Commercial Law, Food Law, and Consumer Protection Law apply.

IX. PERSONAL DATA PROTECTION

Article 24. (1) The Supplier takes measures to protect the personal data of the User in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and on the free movement of such data and

 repealing Directive 95/46/EC (GDPR) and the Law on the protection of personal data. The Supplier processes the personal data of Users based on Article 6, paragraph (1), letter "b" of the GDPR - processing is necessary for the performance of a contract to which the data subject is a party or based on Article 6, paragraph (1), letter "a" of the GDPR - based on the explicit consent given by the User.

(2) The Supplier has published information regarding personal data processed, the purposes for which they are processed, and all necessary information in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals concerning the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) in the Privacy Policy, which is an integral part of the General Terms and Conditions.

(3) For the security of Users' personal data, the Supplier on the berezka.ro platform will send data only to the email address provided by Users at the time of registration.

(4) The Supplier on the berezka.ro platform has the right to store data on the User's end device unless the User expressly disagrees with this.

(5) The Supplier processes the personal data of the User for direct marketing purposes only with the explicit consent of the User, which the User can withdraw at any time.

(6) The User agrees that the Supplier may send emails and electronic messages regarding the provision of services, improving functionalities, promotional messages regarding the User, and other messages related to the execution of the contract.

Article 25. (1) At any time, the Supplier on the berezka.ro platform has the right to request the User to identify themselves and certify the truth of any circumstances and personal data declared during registration.

(2) In case the User has forgotten or lost their username and password for any reason, the Supplier of the berezka.ro platform has the right to apply the "Procedure for lost or forgotten usernames and passwords," available at the address: https://www.berezka.ro/ > login > forgot password.

X. AMENDMENTS AND ACCESS TO GENERAL TERMS AND CONDITIONS

Article 26. (1) These general terms and conditions may be modified by the Supplier on the berezka.ro platform, who will inform all registered Users accordingly.

(2) The Supplier on the berezka.ro platform and the User agree that any addition or modification to these general terms and conditions will take effect on the User in one of the following situations:

1. After their express notification by the Supplier on the berezka.ro platform, and the User does not reject them within the 14-day period granted;

or

2. After their publication on the website of the Supplier on the berezka.ro platform, and the User does not reject them within 14 days of their publication;

or

3. With the express consent of the User through their profile on the website of the Supplier on the berezka.ro platform.

(3) The User agrees that all statements of the Supplier on the berezka.ro platform regarding the modification of these general terms and conditions shall be sent to their email address provided at registration. The User agrees that emails sent in accordance with this article do not need to be electronically signed to have an effect on them.

Article 27. The Supplier publishes these general terms and conditions at https://www.berezka.ro/terms, along with all additions and modifications.

XI. TERMINATION

Article 28. These general terms and conditions and the contract between the User and the Supplier on the berezka.ro platform terminate in the following cases:

1. In case of dissolution and liquidation or declared insolvency by one of the parties within the contract;

2. By the mutual agreement of the parties in written form;

3. In case of an objective impossibility for one of the parties to fulfill its obligations;

4. In case of confiscation or sealing of the equipment by the authorities of the state;

5. In case of deletion of the User's registration on the berezka.ro platform. In this case, contracts concluded but unfulfilled remain valid and subject to execution.

Article 29. The Supplier has the right, at its discretion, without prior notice and without owing compensation, to unilaterally terminate the contract if it finds that the User uses the berezka.ro platform in violation of these general terms and conditions, Romanian legislation, general moral norms, or accepted rules and practices in e-commerce.

XII. LIABILITY

Article 30. The User is obliged to indemnify and hold harmless the Supplier on the berezka.ro platform from any legal actions and other claims by third parties (whether founded or not), for all damages and costs (including attorney's fees and court costs) resulting from or related to (1) the non-compliance with any of the obligations stipulated in this contract, (2) the violation of copyright, production, transmission, or other rights to intellectual or industrial property, (3) the unauthorized transfer of rights granted to the User for the duration and under the conditions of the contract, and (4) false statements regarding consumer status within the meaning of the Consumer Protection Law.

Article 31. The Supplier is not liable in case of force majeure, unforeseen events, problems related to the Internet, technical causes, or other objective factors, including orders of competent authorities, which objectively hinder the execution of the contract.

Article 32. (1) The Supplier is not liable for damages caused by the User to third parties.

(2) The Supplier is not liable for material or moral damages, in the form of profile loss or harm suffered by the User in the process of using or not using berezka.ro and concluding sales contracts with the Supplier.

(3) The Supplier is not liable for the time during which the platform was not accessible due to force majeure or other objective circumstances beyond the control of the Supplier.

(4) The Supplier is not liable for damages arising from comments, opinions, and publications under products, news, and articles on the berezka.ro platform.

Article 33. (1) The Supplier is not liable in case the security measures of the technical equipment are exceeded, resulting in the loss of information, disclosure of information, access to information, restriction of access to information, and other similar consequences.

(2) The Supplier is not liable in case a third party falsely presents themselves as a User and concludes a sales contract, providing access to information, losing or modifying data, due to false legitimacy, if the circumstances indicate that this is the User.

XIII. OTHER CONDITIONS

Article 34. (1) The User and the Supplier on the berezka.ro platform are obliged to mutually protect their legitimate rights and interests, as well as to keep confidential trade secrets acquired in the process of fulfilling the contract and these general terms and conditions.

(2) The User and the Supplier are obliged, during and after the termination of the contract, not to disclose written or oral correspondence between them. The publication of correspondence may include its publication in printed and electronic media, internet forums, personal or public websites, and others.

Article 35. In case of conflict between these general terms and conditions and the clauses of a special contract between the Supplier on the berezka.ro platform and the User, the clauses of the special contract take precedence.

Article 36. The nullity of any provision in these general terms and conditions will not lead to the nullity of the entire contract.

Article 37. (1) For any matters not regulated in this contract, related to the interpretation and execution of this contract, the laws of Romania apply.

(2) The User has the right to submit any disputes with the Supplier related to the execution of this contract to the alternative dispute resolution (ADR) platform available at https://webgate.ec.europa.eu/odr/main/?event=main.home.show. If no agreement is reached on the resolution of the dispute through alternative means, the parties may forward the dispute for resolution to the competent courts in Romania and the Consumer Protection Commission.

Article 38. These general terms and conditions came into effect for all Users on the date of 13.09.2023.

The general terms and conditions were last modified on 13.09.2023.