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Terms and conditions
Please read the following provisions carefully, together with those set out in the Returns Policy, Privacy Policy and Cookies Policy, as they apply every time you browse our Website, place an order or interact with us , in any other way.
Chapter I – General provisions
1. Meaning of some terms
1.1. The terms used below, unless the context indicates otherwise, have the following meaning:
We/The Company/The Operator means: STELLA AZZURA TRANS SRL, limited liability company organized and operating according to the laws of Romania, registered at the Trade Registry with no. J17/2290/1994, having its registered office in Drum De Centura 52 Jud. GALATI, Place. GALATI, Romania and tax identification number 6196675, with contact details: email: office@stellaazzura.ro, telephone: +40 753 311 011;
You/Customer/User means: the natural or legal person who accesses and uses the Website or purchases the Goods presented by the Company;
Website means: the website available at: stellaazzura.ro together with all its subpages;
Products/Goods means: the fruits and vegetables presented on the Website by the Company, which you can purchase through the Website by placing an order in this regard;
Your/Customer/User Account means: the account created through the Website, which allows you to purchase the Products presented by the Company, through the Website;
Terms and conditions means: all the provisions presented on this page that apply to the relationship between the Company and You, when you access or use the Website or when you purchase the Goods from the Website;
Distance contract means: the contract concluded between you and the Company, through the Website, following the placing of an order and its confirmation, having as its object the purchase of the Products presented on the Website;
Consumer means: any natural person or group of natural persons constituted in associations, who act for purposes outside their commercial, industrial or production, craft or liberal activity;
Economical agents means: any natural or legal person who does not fall into the category of Consumer, such as, for example, people acting in their commercial, industrial or production, artisan or liberal activity (authorized natural persons, companies, liberal professions and others like that);
GDPR policies means: The Privacy Policy that can be accessed at https://stellaazzura.ro/politica-de-confidentialitate/ and the Cookie Modules Policy that can be accessed at https://stellaazzura.ro/politica-cookie/;
Return policy means: The policy describing the conditions under which you have the right to withdraw from the Distance Contract, respectively the right to return the Products and the sums of money paid for the purchase of the Products will be returned to you. The return policy can be accessed at https://stellaazzura.ro/politica-de-retur/;
ANPC means: The National Authority for Consumer Protection, based in Bd. Aviatorilor, No. 72, Sector 1, 011865, Bucharest, website: https://anpc.ro/articol/575/date-contact;
ANSPDCP means: the National Supervisory Authority for the Processing of Personal Data, with headquarters in Bd. G-ral. Gheorghe Magheru, No. 28-30, Sector 1, 010336, Bucharest, Romania, website: https://www.dataprotection.ro/?page=contact&lang=ro.
2. Applicability of Terms and Conditions. Binding force
2.1. These Terms and Conditions, together with the Returns Policy and the GDPR Policies, apply to all dealings between You and the Company, in particular when you browse and use the Website or when you place an order for Our Products.
2.2. Thus, to the extent that you browse and use the Website or to the extent that you place an order relating to the Goods offered through the Website, you understand and accept that the relationship between you and the Company shall be subject to these Terms and Conditions, the Return Policy and GDPR Policies, the presented provisions having binding legal force. In legal terms, by using the Website or by placing and confirming an order, a contract is concluded between you and the Company, the contractual provisions of which are given by the content of these Terms and Conditions, the Return Policy, the GDPR Policies and the legal provisions that apply in addition.
2.3. To the extent that you do not agree with these Terms and Conditions, the Returns Policy or the GDPR Policies, please stop using the Website and do not place an order in relation to the Products presented on it.
2.4. At the same time, by using the Website or by placing an order, you declare that you meet the legal conditions for issuing a valid consent and that there is no other legal impediment that prevents you from concluding this contract. The Company assumes no liability if the information provided by you is not correct.
2.5. In the sense of the provisions mentioned above, if you are a Romanian citizen, the age at which you can, in principle, issue valid consent is 18. If you are not a Romanian citizen, it is necessary to check in the nationality legislation the conditions under which you can issue a valid consent, before using the Website or placing an order.
Chapter II – User Account
3. User Account
3.1. You have the possibility to create an Account through the Website, following the instructions in this regard. Through this Account you have the possibility to purchase the Products presented on the Website, but also the possibility to give a note/review to the purchased Products.
3.2. At the same time, to the extent that you wish to purchase the Products without registering an Account, it is sufficient to select the desired Product and follow the instructions on the Website in order to place the order.
3.3. After creating the Account or selecting the Products, without registering an Account, you will be able to purchase the Products presented on the Website.
3.4. Through the User Account you can access and modify some of the data provided or if you want to delete the account you can send a request to office@stellaazzura.ro.
3.5. To the extent that you have agreed to receive commercial communications from us (offers, promotions and the like), you have the possibility to opt out of receiving such communications by following the steps indicated in the communicated messages (e-mail- transmitted), or you can contact us directly in this regard, through one of the available means of contact.
Chapter III – Products
4. The products presented on the Website
4.1. The products presented on the Website are marketed by the Company. The main characteristics of the Products, together with the related price, any promotional discounts, available quantity (stock), costs and any other costs are mentioned on their presentation pages or on the order page, after adding the products to the shopping cart. To the extent that you need additional information regarding the Products sold, you can request them at the following e-mail address office@stellaazzura.ro or at the telephone number +40 753 311 011.
4.2. You should also keep in mind that the images displayed are for presentation purposes, so that in some cases there may be some differences in color, accessories, appearance and the like between the images displayed on the Website and the delivered Products.
4.3. In case of errors (including data entry, technical or similar) regarding the information displayed in relation to the Products on the Website, such as those relating to the characteristics, price, applicable discounts, guarantees granted, available quantity (stock) , costs and the like, the Company reserves the right not to process the orders placed, including if an automatic confirmation of the order placement was initially sent.
4.4. In the case mentioned above, the Company will inform you as soon as possible about the impossibility of fulfilling the order placed, within a maximum period of 15 days from its placement. In this sense, if you have paid the price of the Products, the Company will request you, through the information in question, to indicate a bank account in which to refund the amount paid or to indicate another means by which to proceed with this refund.
Chapter IV – Methods of payment. Billing. Conclusion of the Distance Contract. Delivery. GUARANTEES
5. Payment
5.1. The price of the Products is displayed in full (with all related costs) on the presentation page or on the order page after adding the products to the shopping cart. No VAT is charged for the Products purchased.
5.2. The products can be paid in cash or by bank card at the time of their delivery or by electronic means of payment, respectively by online payment made with a bank card. You can find additional information about the payment method on the page dedicated to payment methods, but also following the steps of placing an order.
5.3. The invoice related to the purchase is handed to the customer at the time of delivery of the Products, it can be accessed from the User's Account, the "orders" section or you can request it in electronic format at the e-mail address: office@stellaazzura.ro, to be communicated to you by e-mail at the address indicated by you. You have the obligation to provide us with correct information necessary to issue the tax invoice. If there was a problem with accessing or submitting the invoice, please contact us through one of the means of contact so that we can remedy the situation and submit the invoice.
5.4. You can find other details about the payment method in the section dedicated to payment, by going through the process of placing an order.
6. Orders
6.1. In order to purchase the Products, it is necessary to submit an order in this regard, following the instructions in the section of the Website dedicated to this subject. At the same time, we inform you that at this moment the Company can ensure the delivery of orders only in Romania.
6.2. After selecting the desired Products and completing the order, you will receive an electronic confirmation of the order confirmation to the email address indicated by you and an SMS with the time at which the ordered Products will be delivered. The order confirmation message represents the Company's acceptance of the placed order. In the event that, when you placed the order, there were some display errors regarding the price presented or regarding its availability (stock), the Company reserves the right not to accept the order, informing you accordingly, according to the clause below.
Therefore, the e-mail sent regarding the confirmation of the order (its acceptance) represents the moment of concluding the Distance Contract. However, the Company reserves the right to carry out some subsequent checks regarding the existence of the ordered Products in stock and regarding the absence of errors regarding the information displayed on the Website, in relation to the ordered Products. In legal terms, the transmission of the order confirmation e-mail represents its acceptance by the Company determining the conclusion of the Distance Contract regarding the ordered Products, subject to a resolutory condition, consisting in the Company's verification of the absence of errors regarding the information displayed on Website when the order was placed and under the verifications regarding the existence of the ordered Products in stock. If, subsequently, the existence of errors or the non-existence of the Products in stock is found, the resolutory condition is met, and the sales contract (Distance Contract) is automatically terminated, without the need for any formality, with the parties being reinstated previous
6.3. If, after placing the Order, it is found that the ordered Products are no longer in stock or there was an error regarding the display of information on the Website, the Company will not be able to process your order, sending you an information in this regard to the email address at which you received the order confirmation mentioned above.
6.4. After the conclusion of the Distance Contract, under the conditions described above, the Company has the right to terminate the contract, without being obliged to pay damages, if: a) it is found that the data entered by you when placing an order are erroneous/incomplete and thus the Products cannot be delivered; or b) the card payment you made was not accepted, being refused by the bank issuing the card or by the payment processor with which the Company collaborates. In these cases, the Company informs you about these aspects, and any obligations assumed under the Distance Contract will be terminated.
6.5. To the extent that you find that the data entered in the section dedicated to the order is incorrect, you can proceed to rectify it by deleting and entering the correct information, as long as you have not placed the order. After placing the order, any errors regarding the delivery address noted by you can be rectified, if you contact us by phone.
6.6. After placing and confirming the order, you will not receive a copy of these Terms and Conditions, an integral part of the sales contract concluded with you. In this regard, we recommend that you download a copy of the Terms and Conditions applicable to the Distance Contract, available on the Website, from the time of placing the order. You must bear in mind that you may use the Terms and Conditions in this copy exclusively for the purpose of proving the Distance Contract concluded between You and the Company.
6.7. The distance contract is concluded in Romanian, for a specific period, respectively for the period necessary to fulfill the obligations of delivery of the Products, collection of the price and, if applicable, the granting of legal guarantees.
7. Delivery
7.1.
7.2.
7.3.
8. Legal guarantee regarding the conformity and quality of the Products
8.1. Benefit from some guarantees in relation to the Products marketed by the Company, under the conditions provided by law.
8.2. The Company undertakes to deliver the Products to you in accordance with the Distance Contract. Thus, the Company undertakes to deliver the Products in accordance with the descriptions and characteristics on the Website and to the quality standard provided by law. To the extent that you consider that the purchased Products do not correspond to the information presented, please contact us as soon as possible, at the indicated contact details, to clarify the situation.
8.3. You can find the descriptions, characteristics and any other information related to the Products marketed by the Company on the Product presentation pages.
8.4. If you find, as mentioned in the previous article, a lack of conformity with regard to the delivered Products, you have the right to ask us to remove these non-conformities, without incurring any additional costs, or you have the right to benefit from a corresponding discount of the price or the termination (termination) of the Distance Contract concluded with respect to non-conforming Products.
8.5. Because we want satisfied customers, we have designed a package of special guarantees for the Products sold through the website, which you can access without bureaucratic difficulties, with a simple phone call to the number +40 753 311 011. We will process your notification as soon as possible so that you can benefit from the guarantees provided below for the Products with which you are not fully satisfied. In order to return the money, we may ask you to provide the necessary data for this purpose (IBAN account, bank, swift code, account holder, other information). If you do not provide the requested data, we will be unable to return your money.
These guarantees relate to:
8.5.1. Replacement of Products that show non-conformities and cannot be consumed or used for the purpose for which they were purchased. Please keep the Products originally received and present them to the Company representative. Otherwise, the Company will not be able to replace them. At the same time, you should bear in mind that you can only request the replacement of non-compliant Products on the day you received the Products, until the last hour of the delivery schedule. If the request is not made on the same day as the day of delivery, the Company can no longer proceed with the replacement of the Products.
8.5.2. Full return of Products that may or may not have non-conformities and cannot be consumed or used for the purpose for which they were purchased. You must bear in mind that you can only request a full return of Products with or without non-conformities on the day you received the Products, until the last hour of the delivery schedule. If the request is not made on the same day as the day of delivery, the Company can no longer proceed with the replacement of the Products. The amount of money to be refunded according to the method of payment by which the Products were purchased.
For the replacement of the Products, under the conditions set forth in this article, you will not pay any additional costs.
8.6. Please consult the legal provisions or contact us in this regard, to the extent that you would like to know more details in relation to these guarantees or if you wish to exercise these rights.
Chapter V – Intellectual property
9. All content available on the Website is protected by intellectual property rights. Any copying, recording, downloading, transmission, reproduction and distribution of the content of the Website is prohibited under conditions other than those permitted by law and the Company.
Chapter VI – The right of withdrawal from the contract (the right to return the Products) granted to the Consumers
10. The legal provisions that regulate the right of withdrawal are those contained in art. 9 para. 1 of GEO no. 34/2014, which provide for the following: "Except for the cases provided for in art. 16, the consumer benefits from a period of 14 days to withdraw from a contract at a distance or from a contract outside the commercial premises, without having to justify the decision to withdraw and without incurring other costs than those provided for in art. . 13 para. (3) and to art. 14".
11. However, in the cases provided by art. 16 of GEO no. 34/2014, you do not benefit from the right of withdrawal/right of return. Thus, if the purchased Products fall into one of the categories provided by art. 16, you cannot return them. In this sense, it is in particular: a) Products that are likely to deteriorate or expire quickly; b) Sealed products that cannot be returned for health protection or hygiene reasons, if they have been unsealed.
12. Thus, you understand and accept that to the extent that the ordered Product has a short shelf life or is susceptible to rapid deterioration, you will not be able to return the ordered Product, this situation being exempt from the granting of the right of return, according to the legal provisions.
For these reasons, considering that the Products sold by the Company are represented by fruits and vegetables, the right of withdrawal/right of return is not granted.
Also, to the extent that you have ordered a sealed Product, you expressly understand and accept that it can no longer be returned in the situation where the Product has been unsealed, and the measure is required for reasons of health protection (such as either in the case of unsealed food products) or for reasons of hygiene.
Chapter VII – Processing of personal data
13. The processing of personal data by the Company is carried out in accordance with the Privacy Policy and the Policy regarding the cookie modules available on the Website. Please access the information in question for more details on this topic.
Chapter VIII – Disclaimer
14. General Provisions
14.1. The Company assumes no responsibility for the manner in which You use the Website or the Company's Products. The Company does not guarantee any results regarding the use of the Website or the Products.
14.2. Also, the Company does not assume any responsibility regarding the non-functionality of the Website due to various technical problems that may arise or the need for maintenance. You understand and agree that the Company cannot be held liable if you are unable to access the Website for certain periods of time.
14.3. It is your responsibility to ensure that you meet all legal conditions to use the Website and that by these activities you do not violate any legal provision that may be applicable to you or the place where you are located. In this sense, the Company has no obligation to inform you about the regulations or laws applicable to your situation, the full responsibility to know these aspects and act accordingly belongs to you.
Chapter lX – Other provisions
15. Complaints Resolution Procedure
15.1. Any complaints you have regarding the Company's Products or in relation to the Company can be sent to the indicated contact details, preferably by e-mail, at office@stellaazzura.ro.
15.2. After receiving the complaint, the Company will provide you with an answer as soon as possible, preferably no later than 30 days. To the extent that more time is needed to resolve the complaint, the Company will inform you accordingly.
15.3. The information provided above or the response to the complaint made will be communicated to the e-mail address from which the complaint was sent.
16. If you wish and are a consumer, you can use an alternative dispute resolution procedure. You can access more information about the SOL Platform here: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/online-dispute-resolution/index_ro.htm.
17. Subcontracting. Assignment
17.1. The Company has the right to assign and subcontract, in whole or in part, the rights and obligations provided for in this contract, without the need to obtain a future consent from you. In other words, by accepting these Terms and Conditions, you agree and authorize the Company to assign or subcontract, in whole or in part, this contract without the need to obtain future consent.
Chapter X – Final Provisions
18. By accepting these Terms and Conditions, you agree that the law applicable to the entire contract is Romanian law, both in terms of substantive and formal conditions.
19. The place of conclusion of this contract is considered to be in Galati, Galati County, Romania.
20. The Company reserves the right to amend these Terms and Conditions as it deems necessary. To the extent that, after making these changes, you do not agree with the new content, please stop using the Website or the Company Products.
21. If a clause in these Terms and Conditions cannot be applied, for any reason, that clause will be replaced by the legal provision relevant to the situation for which the clause was agreed and which comes closest to the meaning of the unenforceable clause.
22. By accepting these Terms and Conditions, you agree that any disputes arising between you and the Company shall be settled by the competent courts in Romania, at the Company's headquarters or, in the case of Consumers, by the courts provided by the legal provisions.
23. Any communications, to be valid, will be made exclusively in writing, at the contact details or by electronic means, at the address office@stellaazzura.ro.
24. To facilitate communication with you in order to obtain certain information, you can also contact us on the phone numbers: +40 753 311 011.
25. These Terms and Conditions were updated on 11.07.2023.
COMPANY DATA
STELLA AZZURA TRANS SRL
CIF: 6196675
Reg. com.: J17/2290/1994
EUID: ROONRC.J17/2290/1994
Address: Belt Road 52 Jud. GALATI, Place. Galata