Terms and conditions

Article 1 - PURPOSE

The general terms and conditions of sale will apply to all sales of goods and services by TEX ACCES MCV SRL, through the virtual stores: www.bustieremedicale.ro, www.maamgarments.ro, www.maamgarments.com to the Buyer and may be modified only with the express written consent of both parties.

In this document, the following terms will mean:

• Buyer: the person, firm, company or other legal entity that issues an Order.

• Seller: commercial company TEX ACCES MCV SRL, NO. Reg. com.: J23/3213/2018, CIF: RO16649455, Address: STR. MĂRĂCINENI, NO. 22D, GROUND FLOOR, CITY BRAGADIRU, County: ILFOV, Country: ROMANIA; The commercial name of the product is MAAM.

• Goods and Services: any product or service listed on the website, including the products and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the concluded Contract.

• Order: an electronic document that acts as a form of communication between the Seller and the Buyer through which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and to make payment for them.

• Contract: Order confirmed by the Seller by issuing the fiscal invoice. The conclusion of the contract takes place when the fiscal invoice is issued and not when the order is placed or the confirmation of receipt of this order is issued.

• Intellectual property rights (hereafter IPR): all material rights such as know-how, copyright and copyright, database rights, design rights, model rights, patents, trademarks and domain name registrations for any of the above.

• Specifications: all the specifications and/or descriptions of the Goods and Services as specified in the order.

Article 2 - CONTRACTUAL DOCUMENTS

By placing an electronic or telephone order on any of the websites: www.bustieremedicale.ro, www.maamgarments.ro, www.maamgarments.com, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller carries out its operations. The order will be composed of the following documents, in order of importance:

• Order (together with clear mentions of delivery and invoicing dates)

• Buyer's Specifications (where applicable)

• General Terms and Conditions of Sale (TCGV)

If the Seller confirms the order, this will imply full acceptance of the terms of the Order. Acceptance of the order by the Seller is considered completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring a confirmation of receipt from him. The seller does not at any time consider an unconfirmed order as having the value of a Contract.

Article 3 - VALIDITY

This Agreement enters into force when the invoice is issued by the Seller. Information about issuing the invoice is done by phone or electronically (e-mail) and the fiscal invoice will be communicated to the buyer at the time of shipping the product. The general terms and conditions of sale will form the basis of the Contract thus concluded.

Article 4 - EXTENSION OF THE SELLER'S OBLIGATIONS

The Seller will use his professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods and Services that meet the requirements, needs and specifications of the Buyer;

The information presented on the seller's websites is informative and can be documented or modified by the Seller. Also, for reasons related to space and the coherence of the information structure, product descriptions may be incomplete, but the seller makes efforts to present the most relevant information, so that the product is used within the parameters for which it was purchased;

Communication with the store - can be done by interacting with it, posting opinions about the products or communicating through the addresses mentioned in the contact column. Opinions or addresses that contain insults or inappropriate language will be excluded from the site or ignored. The seller has the freedom to manage the information received, without having to provide justifications for this.

Article 5 - ASSIGNMENT AND SUBCONTRACTING

The Seller can assign and/or subcontract to a third party for services related to the fulfillment of the order, with the Buyer's information, without his consent being necessary. The Seller will always be responsible to the Buyer for all contractual obligations.

Article 6 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)

The Buyer understands the intellectual property right and will not disclose to a third party or make public (on the Internet or the media), any of the information received from the Seller. Also, the names of the sites as well as the graphic signs are registered trademarks owned by TEX ACCES MCV SRL and cannot be taken over, copied or used without the written consent of the owner.

Article 7 - CONFIDENTIALITY - ADVERTISING

All plans, documents and information of any nature provided by the Buyer to the Seller, including but not limited to the order, shall remain the property of the Seller. They can only be used for the execution of the contract. No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer regarding the order without the prior written consent of the Seller.

Article 8 - INVOICING - PAYMENTS

The price, payment method and payment term are specified in the Order. The Seller will issue an invoice to the Buyer for the Goods and Services delivered, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.

Payment method

To pay the price of the products and the related shipping and delivery charges, you can use one of the methods indicated in the Order Form on the website and which are summarized below.

8.1 Credit/Debit Cards

8.1.1 For orders on our website, we accept credit and debit card payments without adding commissions to the product. You must have a valid credit card at the time of order for products purchased online.

8.1.2 At the time of the online purchase, simultaneously with the confirmation of the order, the reference bank will deduct the amount of the order from the credit available on your credit card. The amount will be charged to your credit card at the time of placing the order.

8.2 Refund Payment

8.2.1 Payment will be made at the time of delivery by the courier, upon receipt of the package by the Buyer, according to the invoice.

Article 9 - RISKS AND RESPONSIBILITIES

Delivery

The Seller undertakes to send the Goods and Services by courier to the Buyer, to the address indicated in the order; the parties may also agree to another shipping method, under special conditions, at the written request of the Buyer to comenzi@bustieremedicale.ro, approved by both parties.

Detailed information on delivery is available in the "Delivery Policy" section.

Transport - Packaging

Unless otherwise agreed by the Seller and the Buyer, the Seller is exempt from the risks and responsibilities associated with the Goods and Services at the time of their delivery to the internal courier company with which the Seller collaborates. The Seller will ensure the proper packaging of the Goods and Services and will ensure the transmission of accompanying documents on a durable (printed) medium. The Seller will deliver the Goods and Services on the territory of Romania.

Article 10 - ACCEPTANCE AND THE RIGHT TO WITHDRAW

Acceptance will be made when the Goods and Services comply with the characteristics and specifications mentioned in the Order. Products must be checked by the customer at the time of delivery to ensure that they correspond to the items ordered and that they are free of any defects or non-conformities. If the Buyer discovers that the Products delivered or the Services provided do not conform to the specifications, then the Seller will bring the Products into compliance within a maximum period equal to the execution term of the Order, without charging the Buyer any costs related to these operations. Also, the Seller will comply with the provisions of GEO 34/2014 and apply the return policy. The Seller has the right, when he considers that the actions of the Buyer were with bad intentions, to request damages to the Buyer, under the terms of the legislation.

More information on product returns can be found in the "Product return policy" section.

Article 11 - EXCESS GOODS

Any goods delivered in excess of the quantity stipulated in the Order may be refused by the Buyer within 7 calendar days of delivery.

Article 12 - WARRANTIES for non-compliant products

In addition to any other guarantees provided by the applicable laws and detailed in the Certificate of Guarantee issued by the Seller, they guarantee the Buyer against any non-conformity that may affect all or part of the Goods, with the exception of normal wear and tear, for a period of 6 months from the date issuing the sales invoice.

Article 13 - TRANSFER OF OWNERSHIP

Ownership of the Goods and Services will be transferred at the time of payment by the Buyer to the location indicated in the order (understood by delivery - the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the Seller's staff) .

In the case of delivery by courier, he is not authorized by the Seller to allow the Buyer to open the parcels before signing the delivery, but only after the signing of the delivery and the payment of their possible counter value. The seller cannot be held responsible for the contents of the shipped parcels unless there is a document signed by the buyer and the representative of the courier who made the delivery.

Article 14 - COMPLIANCE WITH LAWS AND STANDARDS

The Seller will comply with all laws, regulations and ordinances applicable to its contractual achievements, including without limitation the manufacture, assembly, handling, transport, storage, packaging or delivery of Goods and Services and applicable to health, safety, environment.

Article 15 - LIABILITY

The Seller cannot be responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for product loss.

Promotions are valid within the limit of available stock.

The seller will be responsible if his sub-contractors and/or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.

TEX ACCES MCV SRL does not guarantee that all items included in the virtual stores: www.bustieremedicale.ro, www.maamgarments.ro, www.maamgarments.com are in stock at the time of your order. If an item is unavailable, TEX ACCES MCV SRL will contact you shortly by phone or email.

TEX ACCES MCV SRL cannot promise that the website content is free of inaccuracies or typographical errors. Nor can we guarantee that all information is up to date. TEX ACCES MCV SRL can, at any time, modify the content of the website. Although TEX ACCES MCV SRL strives to display the correct texts, images and prices on the website and webshop, errors may occur. If you have been charged the wrong amount in the webshop, TEX ACCES MCV SRL will give you the option to place a new order with the correct price or cancel your order. However, TEX ACCES MCV SRL reserves the right to cancel any order prior to shipment if we find that the price is incorrect. In this case, we will notify you by email. If we are unable to contact you, your order will be automatically cancelled.

Some of the services mediated through the site are maintained by external organizations. In situations where TEX ACCES MCV SRL acts as an agent for such services, we cannot be held responsible for any errors resulting from their activities.

TEX ACCES MCV SRL cannot be held liable for any damages caused by the use of the site or, for that matter, the inability to use the site. TEX ACCES MCV SRL cannot guarantee trouble-free, uninterrupted and secure access to the site.

We cannot guarantee that the images on the website accurately reflect the color of the product, as they are illustrative. There may be differences due to the technical characteristics, resolution and colors of the computer or monitor you are using.

Article 16 - RIDICULOUS PRICE OR WRONG CHARACTERISTICS

The seller makes every effort to provide correct information about the price and characteristics of the products. It is possible that some prices and/or features are incorrect. In case of registration of an order with a ridiculous price, the Seller has the right to cancel the Buyer's order. In case of registering an order for a product with erroneous characteristics, the Seller will make every effort to deliver to the Buyer a product with characteristics as close as possible to those presented on the website at the time of placing the order. If the Buyer does not agree with the Seller's proposals, the Seller has the right to cancel the Buyer's order.

Article 17 - BREACH - TERMINATION

If the seller does not perform his obligations, including during the warranty period, the Buyer will notify the Seller of this failure. An action plan will be validated between the Parties within 3 days of notification. The buyer can cancel an Order by e-mail, before it has been delivered.

Article 18 - PERSONAL DATA PROCESSING

Please read the Privacy Policy regarding the processing of personal data, which is part of this Document.

Article 19 - USE OF COOKIES

See the Cookies Policy, which is part of this Document.

Article 20 - FORCE MAJEURE

None of the parties will be responsible for non-performance of its contractual obligations, if such non-performance is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.

Article 21 - APPLICABLE LAW - JURISDICTION

This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract will be resolved amicably, and if an agreement is not reached in this way, it will be appealed to the competent courts at the Seller's headquarters.

Article 22 - MISCELLANEOUS PROVISIONS

If one or more provisions are in conflict with any legally applicable requirement, said provisions will not be applied and the Parties will work together to agree on new provisions that respect the spirit of the initial provisions. The parties to the contract will be considered independent contractors and none of the parties will be granted the right or authority to assume or create any obligation on behalf of or to the detriment of the other. The terms and conditions of this contract supersede other previous written or verbal agreements, between the aforementioned Parties, regarding the subject of this Agreement and may not be modified or changed except by written agreement signed by both parties.

To place an order, minors must have the consent of their legal representatives.

TEX ACCES MCV SRL reserves the right to refuse collaboration with customers who display inappropriate behavior and language, in writing or verbally (aggressive, licentious, etc.), have refused deliveries in their order history, abuse the right of return within 14 days.