Terms and conditions
TERMS AND CONDITIONS
This document (published in electronic format at https://qwertykey.ro/ ) in its entirety, as well as other documents to which this refers/refers, represent the Terms and Conditions (hereinafter, T&C) or the Terms that make up the rules governing the relations between QWERTY KEY SRL as the Seller and the natural or legal person who chooses to engage in such legal relations as Buyer (either acting as a Consumer according to art. 2 point 2 of OG 21/1992 on consumer protection, or acting as an Economic Operator according to art. 2 point 3 of
O. G. 21/1992 on consumer protection).
OBJECT
The present establishes the conditions of use of the QWERTY KEY SRL website, the conditions of purchase of the products sold by QWERTY KEY SRL through the website, the rights and obligations of the parties arising from or in connection with the sales contract concluded between QWERTY KEY SRL and a individual buyer, through the website.
SECTION I: DEFINITIONS
To facilitate the reading and full understanding of the present T&C, the following terms will have the meanings below, unless the present T&C or in a separate contract concluded between QWERTY KEY SRL and the Buyer expressly provides otherwise:
CONTENT- all information contained on the Site that can be visited, viewed or accessed using the Technical Requirements,
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product specifications, descriptive and indicative product images, promotional videos;
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information related to the products, services and/or rates charged by a third party with whom QWERTY KEY SRL has concluded partnership contracts, in a certain period;
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the information communicated by any means by an employee of QWERTY KEY SRL to the User or the Buyer, according to the contact information specified or not by him;
ACCOUNT - the electronic system made available to the Buyer by ( https://qwertykey.ro/ ) identified by an e-mail address (Login) and a password created and chosen by the Buyer, which allows the latter to access the site, viewing and accessing the products and services offered by QWERTY KEY SRL, sending orders and allowing the Buyer to benefit from the use of other services/additional functionalities (eg: viewing the data of an order placed, the Buyer's tax invoices, etc.).
PROMOTIONAL CAMPAIGN- specific conditions for the sale of products offered through the website, of certain products, from a predefined and limited stock, for a limited period of time determined by QWERTY KEY SRL, in compliance with the applicable legislation in the matter (for example, but not limited to: reduction of delivery cost, promotional sale according to O.G. 99/2000 regarding the sale of products and services on the market).
TECHNICAL REQUIREMENTS - minimum technical requirements whose fulfillment is necessary for use https://qwertykey.ro/ , respectively the use of a computer, laptop or other multimedia device, such as to ensure access to the Internet and electronic mail;
CONSUMER- according to the legal definition, "any natural person or group of natural persons constituted in associations, who act for purposes outside their commercial, industrial or production, artisanal activity liberal times". We draw the User's attention to the fact that only natural persons, not legal ones, constitute consumers in the sense of Romanian legislation.
DISTANCE CONTRACT- the consensual understanding entered into between QWERTY KEY SRL and the Buyer, without their simultaneous physical presence, regarding the sale, respectively the purchase, of products or services placed at provision by QWERTY KEY SRL, the effects of which are initiated by the launch of an Order by the Buyer and its acceptance by QWERTY KEY SRL in accordance with the legal provisions and the present T&C, through one or more electronic means of remote communication. The distance contract takes effect only from the moment when the acceptance of the order reaches the Buyer via
any means of transmitting the information, regardless of whether the latter became aware of it.
ORDER- the request made by the Buyer through the website, by going through the necessary technical steps, where he expresses his commitment to purchase one or more products/services under the conditions provided by the present T&C.
COMMERCIAL COMMUNICATION - any form of communication intended to promote, directly or indirectly, the products, services, image, name or designation, firm or emblem of a trader or member of a profession regulated; the following do not in themselves constitute commercial communications: information allowing direct access to the activity of a natural or legal person, in particular by domain name or an electronic mail address, communications related to the products, services, image, name or brands of a natural person or legal, carried out by a third party independent of the person in question, especially when they are carried out free of charge;
ORDER CONFIRMATION- automatic e-mail sent by QWERTY KEY SRL to the Buyer, following the placing of the order by the Buyer, which contains the details of the order regarding the characteristics of the product/products as well as the price paid by the Buyer along with the payment method chosen. The distance contract is considered concluded between the parties at the time of confirmation of the order.
SHOPPING BASKET- service that QWERTY KEY SRL offers to the User/Buyer to add products that he wants to purchase at the time of addition or at a later time; if the products are not purchased by placing the order at the time of adding them to the cart, the User/Buyer can benefit from the product tracking service by receiving commercial communications from QWERTY KEY SRL.
BUYER/ CLIENT- any natural person who has the legal capacity, according to the law, to conclude legal acts (for example, but not limited to: 18 years of age ) or any legal person or legal entity that creates an Account on the Site and/or places an Order, thus entering into contractual relations with QWERTY KEY SRL, in accordance with the applicable legislation and the present T&C.
COMMERCIAL WARRANTY - the commitment assumed by QWERTY KEY SRL towards the Buyer, other than the legal guarantee of conformity or other legal guarantees, without the request of additional costs, which implies, at the exclusive choice of QWERTY KEY SRL: repair or replacement of the purchased product, refund of the price paid by the Buyer, depending on the concrete possibilities of QWERTY KEY SRL, the particularities of the situation and the conditions of the Return Policy, if the product/service does not correspond to the technical conditions stated in the presentation of the product/service on https://qwertykey.ro/ .
LEGAL GUARANTEE OF CONFORMITY- the protection of the consumer deriving from the applicable legislation in relation to the lack of conformity, representing the obligation of QWERTY KEY SRL towards the consumer to, without requesting additional costs, bring the product in a compliant state, an obligation that involves, in order, the repair or replacement of the product or the return of the price paid by the consumer, depending on the concrete possibilities of QWERTY KEY SRL and the particularities of the situation, if it does not correspond to the conditions stated in the product description or the conditions on which QWERTY KEY SRL and the Buyer have agreed through a written agreement.
PARTNERS/THIRD PARTNERS -the persons with whom QWERTY KEY SRL has a commercial collaborative relationship
PRODUCTS- mobile material good whose final destination is individual or collective consumption or use.
SITE - represents the website located at the address https://qwertykey.ro/ , through which the user has access to information on the services and products offered by QWERTY KEY SRL.
SERVICES- any other service to be provided by QWERTY KEY SRL to the Buyer and are represented by the products purchased by the Buyer, which correspond to the description on the Site, whose characteristics and qualities were known and agreed by the Buyer and entered in the order, respectively the invoice.
SPECIFICATIONS - details regarding the technical characteristics and qualities of the product/service as stated on the website in the description available for each product.
THE CARRIER –the courier or postal service with which QWERTY KEY SRL collaborates in order to deliver the products.
TRANSACTION- the payment operation performed by the Buyer and the corresponding collection operation by QWERTY KEY SRL or the operation of refunding an amount resulting from the sale of a product or the provision of a service company to the Buyer, including payment through the card processor approved by QWERTY KEY SRL.
USER- natural or legal person who owns or obtains access to the Content by using a means of communication (e.g. electronic, telephone), but has not placed an Order on the site .
QWERTY KEY SRL -company that acts, in accordance with the applicable legislation, as a Seller, with headquarters in Baia Mare, Str. Oituz, no. 3AC, J24/964/2021, CUI 44393084.
SECTION II: GENERAL ASPECTS
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The present T&C are an integral part of the sale-purchase agreement concluded between QWERTY KEY SRL and the Buyer and include the rights and obligations applicable to the relations between the parties. By checking the box " I have read and accept the Terms & Conditions " when placing an order through the website ( https://qwertykey.ro/ ), the Buyer declares that he has read and fully agrees with the T&C and is subject to the law applicable in the case.
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Except for situations in which a sales-purchase contract is concluded between QWERTY KEY SRL and the Buyer, which contains provisions contrary to the T&C in its body or annexes, as well as in the situation where the contract contains provisions that expressly invalidate or modify the T&C or with except for other situations in which there is another agreement between QWERTY KEY SRL and the Buyer, the present T&C will apply to any contractual relations between QWERTY KEY SRL and the Buyer.
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By accessing the QWERTY KEY SRL website ( https://qwertykey.ro/ ), the Buyer confirms that he has the legal capacity according to the law to conclude specific legal acts, as a natural or legal person, respectively that he is of the legal age for to conclude such legal acts. In the situation where a minor according to the law accesses the website, his legal representatives/guardians are responsible for the behavior of the minor and any actions taken by him on the website.
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Access to the site in order to place orders, to purchase the products and services offered by QWERTY KEY SRL, is allowed to any potential customer in good faith who wants to buy the products and services made available, in compliance with the present T&C.
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The contracting parties are obliged to act in good faith and in accordance with good morals and public order, any contrary behavior may be sanctioned according to the law. Customers are prohibited from using the site or engaging in legal relations with QWERTY KEY SRL in an abusive manner/purpose, i.e. in a manner/purpose that contravenes fair commercial practices, the legislation in force or in any other way that could damage to QWERTY KEY SRL or its Partners.
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In accordance with the legal provisions, respectively art. 15 Civil Code "No right can be exercised with the aim of harming or damaging another or in an excessive and unreasonable way, contrary to good faith.". The act of the Buyer that constitutes an abuse of law may be sanctioned and constitutes grounds for contractual and tort liability.
SECTION III: OFFER OF PRODUCTS AND SERVICES
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The offer of products and services means an offer of selected goods, offered and available for viewing through the website. This does not represent an offer within the meaning of art. 1188 para. (1) Civil Code which obliges the parties to conclude the contract, but represents an informative offer regarding the products made available by QWERTY KEY SRL.
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QWERTY KEY SRL takes all the necessary measures to ensure that the information published on the Site, including the specifications of the Products and Services, as well as the displayed prices, are correct
and complete, otherwise, if these data are incorrect, QWERTY KEY SRL will take the necessary measures to remove these mistakes. If these errors have influenced or affected the Order placed by the Buyer, he will be informed within a reasonable time to give the Buyer the opportunity to reconfirm or withdraw, as the case may be, the Order. If, considering the contact data provided by the Buyer during the process of purchasing QWERTY KEY SRL products and services, the Buyer cannot be contacted within a reasonable time, the order will be considered cancelled, the Buyer receiving a notification in this regard on e-mail.
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Considering the specifics of the Contract concluded between the parties, respectively through an electronic platform, a different experience from purchasing products physically in the store, we bring to your attention the following important aspects that must be taken into account when purchasing products from the Site:
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the colors, shades, aesthetic characteristics of the goods offered through the site may differ in reality, due to several factors such as, but not limited to, the settings of the electronic device from which you access the site and view the goods.
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the actual size and exact shape of the products may differ due to the fact that you view the goods through the website, this depending on, but not limited to, the screen resolution of the device from which you access the website; it is the Buyer's responsibility to verify the size of each product through the specifications provided on the website for each product and that this size corresponds to the purposes for which the Buyer is purchasing the product.
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the photos and images displayed on the website are illustrative/orientative; it is the Buyer's responsibility to carefully read the appropriate product description to become familiar with each individual product.
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To place an Order, the Buyer must follow the technical steps shown on the website: choosing the product, adding to the shopping cart, checking the shopping cart and choosing the product delivery method, entering the Buyer's address to allow product delivery, selecting the payment method , entering payment information, any promotional codes/vouchers, rechecking the selected products and entered information, confirming the final order, sending the final order
To the buyer by pressing the "Complete Order" button. The technical steps are detailed in Section IV.
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Products will be delivered only to the extent that they are available. The contract will be concluded as a result of the Confirmation of the Order by QWERTY KEY SRL, but only with the precondition that the good or quantity of goods requested by the Buyer, considering the characteristics requested by the Buyer, is in stock. Also, QWERTY KEY SRL reserves the right to withdraw any product from sale at any time. If the goods requested by the Buyer are not in stock or the goods have been withdrawn by QWERTY KEY SRL, the only responsibility that QWERTY KEY SRL has towards the Buyer is the reimbursement of the amounts paid for the goods that can no longer be supplied or have been withdrawn by for sale.
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Orders can be placed at any time, but they will be processed on working days, during working hours (Monday-Friday 09:00-17:00). If an order is placed on a Saturday or Sunday non-working day or on a day declared by law to be a public holiday, it will be processed on the first following working day.
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QWERTY KEY SRL makes the necessary efforts to deliver the products ordered by the Buyer within the ESTIMATED range displayed on the website, but, depending on the complexity of the order, the delivery time may be a maximum of 30 days. Delivery information is approximate and depending on the complexity of the order may vary from case to case depending on the availability of carriers. QWERTY KEY SRL is not responsible for delays caused by the fault of the courier or postal services that make the delivery. The Terms and Conditions of Carriage are detailed infra, Section VII.
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QWERTY KEY SRL reserves all rights to modify the Site Content, including product prices, at any time it deems appropriate. In the event of a change, the price applicable between the parties will be the one at the time of placing the order.
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The price will be displayed in the national currency LEU, also the price discounts. The reference currency for the calculation, payment and invoicing of products is still the national currency LEU.
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The prices shown for products and services are stipulated with VAT. Product delivery charges are not included in the product price and will be paid separately by the Buyer.
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If the price is paid by the Buyer using a card in EURO currency or another international currency with circulation power, the possible commission charged to the Buyer by the bank issuing the card used for converting the amount paid into lei will be fully borne by the Buyer. Likewise, QWERTY KEY SRL is not responsible for the Buyer's lack of information regarding this aspect, as it is his responsibility to know the commissions that the bank issuing his card may charge. In the case of online payments, QWERTY KEY SRL cannot be held responsible for any additional costs other than those stipulated in the present T&C.
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As a result of making the payment using the bank card, the data of the Buyer's card used to purchase the products will not be retained by QWERTY KEY SRL.
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QWERTY KEY SRL cannot be held responsible for possible site system errors that were not caused or induced directly by the actions its, errors that influenced the display of the correct and complete price of a product, influenced the description of a product, etc. If an order has been registered for a product with erroneous characteristics (dimensions, qualities, color, etc.) QWERTY KEY SRL will make all reasonable efforts to deliver a product with characteristics as similar as possible to those present at the time of placing the order, to the Buyer.
SECTION IV: ORDER
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The order is placed by the Buyer by following the specific steps presented in this section as follows.
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The user will register on the site based on a "username" (user name) and a unique password, thus creating an account on the Site. After the account has been created, or if there is already an account created, the User logged into his account will be able to select the desired products and add them to the cart. The product will be available for purchase as long as it is in stock, regardless of whether it is a product subject to a Promotional Campaign
of any kind, or not. Simply adding the product to the cart does not attract the reservation of the product in favor of the User/Buyer, and the Buyer cannot issue any kind of claim regarding such product.
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After placing the product/products in the shopping cart, the User/Buyer has the opportunity to see the list of products, to change the number of products that are intended to be purchased, to check whether the product description corresponds to the intention and purposes for which this product is to be purchased And so on
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Next, the User/Buyer will have to choose the delivery method and enter all the necessary, real and complete data regarding the delivery address.
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Subsequently, the User/Buyer confirms his intention to purchase the selected products by accessing the "Complete order"/"Pay now" button.
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The User/Buyer can correct the erroneously entered data until the final moment of sending the final order to QWERTY KEY SRL, by clicking on the data field that needs to be corrected and entering the correct data, or by using the "back" button in the browser used by it, to return to the corresponding page where the erroneous data was entered or what is intended to be changed.
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By completing the order, the User/Buyer guarantees that all data entered (including, but not limited to, delivery dates) are real, correct and complete, otherwise the User/Buyer is responsible for any consequences determined by these erroneous data, regardless of whether the Buyer's error was caused by fault or intent.
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After completing the order, the Buyer will receive an e-mail, having the nature of a confirmation from QWERTY KEY SRL, regarding the availability of the product, the price and the characteristics of the products and the services ordered.QWERTY KEY SRL brings to the knowledge of the User/Buyer that this e-mail is sent automatically and does not constitute a guarantee of the availability of the product in stock at the time of the order.
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QWERTY KEY SRL reserves the right to refuse the order, following a prior notification addressed to the User/Buyer, without any subsequent mutual obligations between the parties or without the Buyer being able to claim damages, in the following situations:
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in the case of online payment, when the Transaction carried out by the User/Buyer has not been accepted by the issuing bank of the card used to pay for the order.
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in the case of online payment, when the Transaction has not been validated by the card processor approved by QWERTY KEY SRL.
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the data provided by the User/Buyer are incomplete or incorrect and thus determine the impossibility of completing or processing the order.
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the activity of the User/Buyer on the site may cause damages of any nature or may harm QWERTY KEY SRL or its Partners in any way.
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QWERTY KEY SRL also reserves the right to cancel orders for products/services erroneously displayed on the website as a result of a technical error, or for products/services that, as a result of technical errors, have displayed clearly erroneous/derisory prices. In this regard, QWERTY KEY SRL will notify the Buyer about this aspect and refund the amount paid by the Buyer in the case of these canceled orders, if applicable. QWERTY KEY SRL reserves the right to invoke art. 1665 Civil Code, according to which the sale is voidable when the price is so disproportionate to the value of the good, that it is obvious that the parties did not want to consent to a sale.
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In the event provided by point 3.5 of the present T&C, respectively the situation in which, due to a technical error or for any other reason, the User has placed an order on a product that is not in stock, QWERTY KEY SRL will notify, in writing or by phone, the User about this situation, and the latter will have the opportunity, under the conditions of point 6.1. of attendees T&C:
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or to request the disclaimer, within 3 days of the notification made by QWERTY KEY SRL, in which case the price paid will be returned to the User, if applicable.
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or to maintain the order, in which case, at the User's choice, QWERTY KEY SRL:
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will deliver, when available, the ordered product. If the product is not back in stock, the order will be canceled, under the conditions stated in the previous subsection
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will deliver another product, indicated by the User, with a Price equal to or higher than that of the product that is not in stock. In this case, the User/Buyer is obliged to pay the price difference of the product, if applicable.
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QWERTY KEY SRL reserves the right not to accept the orders placed by the User/Buyer, when it reasonably assesses the existence of a suspicion regarding the abuse of the law, bad faith, fraud, illicit purpose or the commission of a crime.
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Once the order is registered, it cannot be changed. If it is desired to change the order, the Buyer will be able to contact QWERTY KEY SRL through the communication channels that also appear on the website such as help@qwertykey.ro or at 0371 236 224. In this situation, the Buyer agrees and understands that the modification of the order may involve, depending on the specifics of the situation, additional costs that will be borne by the Buyer. After handing over the product(s) to the courier or postal service, it is no longer possible to change the order.
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RIGHT OF WITHDRAWAL:According to art. 9 of O.U.G. 34/2014, the buyer having, at the same time, the status of Consumer, has the right to renounce the order made, this right being recognized in the consumer protection legislation as the "right of withdrawal". The buyer must inform QWERTY KEY SRL of the intention to withdraw through an unequivocal statement to this effect or by completing the form contained in part B of the annex contained in the O.U.G. 34/2014. Completing the form does not represent a formal condition for exercising the right of withdrawal, but only a model, being the essence of the exercise of this right, the existence of an unequivocal manifestation on the part of the Buyer regarding his intention to withdraw, which must be brought to the attention of QWERTY KEY SRL. For details on exercising the right of withdrawal, see the Returns Policy (Section X of these T&Cs).
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If the Buyer has exercised his right of withdrawal within the legal term according to art. 9 para. (2) lit. a) and b) from O.U.G. 34/2014, for an order already paid online using a bank card and if the issuing bank has transferred the amounts to our company's account, this amount will be returned to the Buyer within of no more than 14 daysfrom the moment of becoming aware of the Buyer's intention to withdraw and after the return of the product by
Buyer. The refund of the price will be made exclusively after the moment when QWERTY KEY SRL takes over the product/products for which the right of withdrawal has been exercised.
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The same payment methods used by the Buyer for the initial Transaction will be used for the reimbursement of the amounts paid, unless the Buyer has expressed his desire, in writing, regarding the use of another payment method.
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If the Buyer requests the cancellation of an order paid by bank card, the provisions regarding the right of withdrawal contained in the Return Policy (Section X of the present T&C) will apply. The provisions remain applicable in the situation where QWERTY KEY SRL can no longer deliver the product ordered and paid for by the Buyer, following which QWERTY KEY SRL must return the value of the products ordered within 14 days from the moment QWERTY KEY SRL became aware of the fact which prevents the delivery of the products.
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QWERTY KEY SRL has the possibility to accumulate several orders placed separately by the Buyer, as if they were one, which it will be able to deliver through a single service if the processing stage of the orders will allow it. If the Buyer does not wish to combine the orders, he must inform QWERTY KEY SRL in advance about this through the contact methods of QWERTY KEY SRL provided on the website, respectively at the e-mail address help@qwertykey.ro or at phone number 0371 236 224, before QWERTY KEY SRL delivers the products to the courier/postal service. Orders placed with different delivery addresses, different contact details, different payment methods and paid online or placed from different customer accounts will not be able to be combined.
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In the case of products for which QWERTY KEY SRL provides the option
"PRE-ORDER", the provisions of this section shall apply accordingly, with the proviso that the conclusion of the distance contract with respect to these products will only take place after the Buyer is informed that the pre-ordered products have become available in stock.
SECTION V: PAYMENT AND METHODS OF PAYMENT
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As already stated in the present T&C, the prices for each product are displayed in LEI and include VAT. The product price does not include the additional delivery cost that will be paid
separately by the Buyer. The delivery cost will be indicated so that it reaches the knowledge of the Buyer for each individual order.
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QWERTY KEY SRL informs about the fact that due to a system error that affects the functionality of the website, it is possible that some prices may be displayed incorrectly for a product. If such an error occurs, the provisions of point 4.10 of these T&C are applicable. QWERTY KEY SRL will immediately inform the Buyer about this aspect.
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The price can be paid in one of the following ways depending on the option of the Buyer:
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online payment with a bank card (the personal card of the natural person or the card of the purchasing company in the case of a legal entity, for reasons of full security; QWERTY KEY SRL does not charge an additional fee for choosing this payment method; validation of the Transaction in this case is done by the processor of cards agreed by QWERTY KEY SRL)
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payment order (based on the proforma invoice issued by QWERTY KEY SRL)
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cash on delivery (payment is made in LEI, according to the Contract price, directly to the person making the delivery)
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The cash on delivery method of payment is not available for orders whose VAT value is greater than 5,000 lei for legal entities and 10,000 lei for individuals.
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The invoice will be issued in electronic format and will be accessible to the Buyer by accessing the Personal Account, the invoice will also be sent to the e-mail address provided by the Buyer. If he wishes, the Buyer can also request the issuance of the invoice in physical format, which will be placed in the delivery package of the order.
SECTION VI: CONCLUSION OF CONTRACT
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The distance purchase contract is considered concluded when QWERTY KEY SRL confirms by e-mail the placing of the order by the User/Buyer,
subject to the availability of the product as selected by the Buyer. In the event that the product is no longer in stock at the time of placing the order, the Buyer benefits from a right of cancellation, which must be exercised within 3 days by means of a statement clearly stating the intention to cancel, sent by e-mail sent to Address help@qwertykey.ro . When it finds that the ordered product is not in stock, QWERTY KEY SRL assumes the obligation to inform the Buyer by phone or e-mail as soon as it learns about this situation, and the aforesaid cancellation period starts from the moment of notifying the Buyer. In the event of an error (technical or of any other nature) regarding the available stock, the Buyer is not entitled to any additional consideration to the refund of the price paid, if applicable. See, for further clarification, point 4.11 of these T&Cs.
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The Distance Contract names the product, its main features, its qualities, price, delivery cost and other relevant elements, its content being supplemented with the present T&C.
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QWERTY KEY SRL will include in the shipped package the necessary documents certifying the purchase of the products/services by the Buyer. In addition, advertising materials can be included in the package to be able to promote your own products or campaigns (or possibly those of third-party partners of QWERTY KEY SRL), as well as gifts intended for customer loyalty.
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Gifts consisting of QWERTY KEY SRL products are offered to the Buyer without consideration from the latter, and QWERTY KEY SRL reserves the right to unilaterally decide whether to offer gift products to the Buyer. The buyer does not have the right to issue any claim regarding the fact that he did not receive a product as a gift, except in the case where QWERTY KEY SRL has assumed, through a public statement, the obligation to offer a certain product as a gift, within a promotional campaigns.
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If the delivery of the Products is not available for independent reasons, the User/Buyer has the right to withdraw from the Contract and the right to request the return of the amounts paid and the right to receive these amounts. The User/Buyer cannot claim any kind of damages for this reason.
SECTION VII: METHODS OF TRANSPORTATION. TRANSPORTATION COSTS. DELIVERY TERMS AND CONDITIONS. RECEIPT OF PRODUCTS
SUBSECTION VII.I: METHODS OF TRANSPORTATION
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The delivery of products and services is available both on the territory of Romania and outside it.
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QWERTY KEY SRL has the right to add countries to the list of destinations to which it can deliver products or, as the case may be, to withdraw certain destinations, but with the honoring of orders already placed on the website before the decision to remove these destinations. Any changes regarding the delivery of the products will be brought to the attention of the Buyers in writing and/or by displaying these changes on the website as well as by updating the present T&C.
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Orders placed online will be delivered only through courier companies, made available by QWERTY KEY SRL.
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QWERTY KEY SRL offers the following methods of product delivery:
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shipping by courier/forwarding company/in-house transport.
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shipping by courier/forwarding company/own management with cash on delivery payment.
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The delivery of the products will be made through one or more fast courier companies/forwarding companies, which will process the Customer's personal data, as they were provided by the Buyer to QWERTY KEY SRL. The processing of personal data is done only for the purpose of delivering the products and only in compliance with the present T&C. The present provision is applicable to the same extent to potential third parties of the courier company, in charge of carrying out the transport service, who will have access to the Buyer's personal data. In this sense, they are required to comply with the present T&C and the legislation on the protection of personal data, having in this sense a Personal Data Processing Agreement with the courier company. In order to make the delivery the company of
courier can contact the Buyers by any means of communication provided by them, within the limits and conditions of the present T&C.
SUBSECTION VII.II: TRANSPORTATION COSTS
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Transport costs for the delivery of the products are borne by the Buyer, unless the contracting parties expressly decide otherwise.
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The product delivery costs (for transport, delivery, postal services, etc.) are indicated on the QWERTY KEY SRL website at the time of placing the order by the Buyer.
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The delivery costs will be borne by QWERTY KEY SRL if there are non-conformities of the product, if there is a hidden defect or a manufacturing defect or a quality deficiency of the delivered product, which was not and could not be known by the Buyer by common means of verification.
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The delivery costs are brought to the attention of the Buyer by display at the time of placing the Order and represent the costs negotiated with the third partners with whom the company collaborates and who provide goods delivery services. Shipping costs may thus vary over time depending on the commercial relationship that QWERTY KEY SRL has with these third parties.
SUBSECTION VII.III: DELIVERY TERMS AND CONDITIONS
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In any case, the delivery of the products within a maximum period of 30 calendar days. If the delivery of the product will be made beyond the above-mentioned deadlines, QWERTY KEY SRL can notify the Buyer in this regard, about the extension of the delivery period, a period that may exceed the initial delivery period. QWERTY KEY SRL is not responsible for delays caused by the fault of the courier or postal services that make the delivery.
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If, within the extension agreed with the Buyer, the product becomes unavailable for delivery, the Buyer will be informed of this and will have the right to terminate the contract within 3 working days from the date of receipt of the notification by which he was informed about this aspect. In case of termination of the contract for the expressed option of the Buyer
in writing within the above-mentioned term, the order will be canceled and QWERTY KEY SRL will refund the amounts, if the product has already been paid, paid by the Buyer.
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We reiterate, if the reason for the impossibility of delivery is the unavailability of the product, the Buyer will be informed of this. The confirmation e-mail that determines the conclusion of the Distance Contract is conditional upon the existence of the product/products in stock, as chosen by the Buyer.
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If the Buyer (including the person designated by him) cannot be found at the delivery address provided by the Buyer, another attempt will be made to contact him through the means of contact provided by the Buyer. If, even in this case, the Buyer has not been found, a second, final, AGAINST-COST delivery will be attempted, even on the assumption that the Buyer benefits from free delivery in consideration of the value of the products ordered. In the event that these two consecutive deliveries fail, QWERTY KEY SRL reserves the right to unilaterally terminate the contract.
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The buyer has the following obligations regarding the delivery of the products:
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ensuring that the delivery of the products and, as the case may be, the provision of the services can be made to the address indicated by the Buyer and that he is available at the address indicated both at the time of the delivery of the products and at the time of the provision of the services provided, if services have been purchased.
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the dimensions of the ordered products must be checked by the Buyer so that there is enough space at the indicated delivery address to receive the products. The buyer must ensure that the delivery address has appropriate access paths to the delivery address, taking into account the size of the products ordered and the number of products ordered.
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the delivery address indicated by the Buyer must allow the receipt of the products without damaging their substance, thus any damage caused by the handling of the products ordered by the Buyer at the time of receipt, as a result of the inadequate space for the reception of the product, will be borne by the Buyer.
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encore In the situation where, for a valid reason, delivery on a certain date or within a certain period is essential for the Buyer, he is obliged to inform in advance
QWERTY KEY SRL by e-mail to the address help@qwertykey.ro . To the extent that delivery on the date or within the deadline indicated by the Buyer is possible, QWERTY KEY SRL will do everything reasonably possible to ensure delivery on the date or within the deadline indicated. If, for whatever reason, delivery on the date or within the deadline indicated by the Buyer is impossible, QWERTY KEY SRL reserves the right to unilaterally terminate the contract. The buyer cannot claim any damages for delivery in violation of the date or term indicated, being entitled exclusively to the refund of the price paid, if applicable.
SUBSECTION VII.IV: RECEIPT OF PRODUCTS
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The buyer undertakes to receive the ordered products on the agreed date and at the agreed address. If the goods cannot be received on the agreed date for reasons attributable to the Buyer (such as, but not limited to, the hypothesis provided for in subsection 7.13.), a second delivery will be attempted, AGAINST COST (even if the Buyer benefits from free delivery in consideration of the value of the products ordered).
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The buyer has the obligation at the time of reception to sign the delivery document (AWB) presented by the Courier at the time of delivery, to which is attached the delivery note containing all the information on the delivered products.
7.17 The buyer is responsible at the time of delivery to fully verify, in all respects, the conformity of the products delivered. If the products are damaged or missing, these problems will be holographically mentioned on the delivery note, and the communication of this aspect will take place within a maximum of 48 hours to the e-mail address help@qwertykey.ro. Damaged, missing or incorrectly delivered items, through no fault of the Buyer, will be replaced and delivered free of charge.
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If the delivered products have small defects or manufacturing defects, and they were delivered to the Buyer, but he does not want to return the products, QWERTY KEY SRL can offer a discount proportional to these defects on the next order. Communication of defects is the responsibility of the Buyer and it is recommended that it be as detailed as possible, and it is also necessary to send photos of the condition in which the product was delivered.
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The value of the discount is to be established in each particular case, depending on the respective defect or manufacturing defect and proportionally to the extent to which this defect or defect affects the functionality of the product or products. In the case of payments by cash on delivery, for products to be shipped in situations where a defect or manufacturing defect of the product is discovered, QWERTY KEY SRL can offer a discount for the respective order placed. If the payment has already been made by online payment with the bank card, the discount is to be applied to the next order on the Site.
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If the Buyer is not available for the reception of the product, he will be able to designate another person to perform the reception in his place. The designated person must have the necessary legal capacity to take over the product(s) (be over 18 years of age), to be able to receive the product(s) on behalf of the Buyer.
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After signing the delivery documents, the Buyer takes physical possession of the ordered products, from this moment transferring all risks to the Buyer.
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Refusal to sign the delivery document is equivalent to refusal to accept the delivered products.
SECTION XIII: WARRANTY OF PRODUCTS
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The commercial guarantee represents the commitment assumed by QWERTY KEY SRL towards the Buyer regarding the conformity and optimal functioning of the products. In case of non-compliance or malfunctions, QWERTY KEY SRL undertakes, in order,to:
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product repair
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replacement of the product, if the repair is not possible or involves costs disproportionate to the value of the product
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proportional reduction or, as the case may be, refund of the price paid, if neither repair nor replacement is possible or involves costs disproportionate to the value of the product
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Each product sold by QWERTY KEY SRL benefits from the legal guarantee of conformity, commercial guarantee within the term mentioned, as the case may be, in the guarantee certificate and in full compliance with O.U.G. 140/2021.
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Thus, QWERTY KEY SRL is obliged to provide the Buyer with products that comply with the stipulations of the concluded contract, being responsible for any lack of conformity of the products existing at the time of delivery of the products. The products are compliant when they correspond to the description used by QWERTY KEY SRL brought to the attention of the Buyer, when they correspond to the purpose intended by the Buyer at the time of purchasing the product, if it has been made known and accepted by QWERTY KEY SRL, if they meet the same destinations with similar products in the same category and exhibits the normal parameters of quality and normal performance that any person could reasonably expect from the product.
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If the repair or replacement of the good is impossible or imposes disproportionate costs for QWERTY KEY SRL, the Buyer may request a corresponding price reduction or termination of the contract, as the case may be, if:
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The buyer does not benefit from repair or replacement.
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The measures to repair or replace the product were not carried out by QWERTY KEY SRL within a reasonable time.
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The non-conformity persists despite the remedial efforts of QWERTY KEY SRL.
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The measures to repair or replace the non-compliant product bring major inconvenience to the Buyer.
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The non-conformity is so serious that it justifies a proportional price reduction or termination of the contract.
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QWERTY KEY SRL declared that it will not be able to bring the good into compliance within a reasonable time either without creating a major inconvenience for the Buyer, or this fact clearly results from the circumstances of the case.
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Buyers benefit from the legal warranty terms as stated in the O.U.G. 140/2021. At the same time, O.U.G. 140/2021 remains applicable also with regard to, but not limited to, the expiration of the warranty periods, the expiration of the
guarantee, the content and extent of the guarantees that the Consumer benefits from by law, the type of guarantee, the remedial measures and the presumptions applicable in the matter.
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QWERTY KEY SRL does not offer a guarantee for non-conformities due to defects or errors resulting from improper use of the products, contrary to the purpose and nature of the goods purchased from QWERTY KEY SRL or contrary to the instructions for using the product. The buyer is responsible for using the ordered product in accordance with its intended purpose. The buyer must fully comply with the instructions for installation and use of the product, and in case of non-compliance, directly request QWERTY KEY SRL to repair or replace the product. If the Buyer himself or other unauthorized third parties intervene on the substance of the good or try to repair it, the Buyer loses the rights arising from the guarantee.
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Considering the specifics of the products marketed by the company, the following aspects must be taken into account by each Buyer:
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each product sold by QWERTY KEY SRL is accompanied by documents or packaging on which instructions for use and optimal maintenance of the products are printed
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if a product is not accompanied by documents or packaging on which instructions for use and optimal maintenance of the products are printed, the Buyer is obliged to use them taking into account the natural way of using the product and the reasonable measures that -it would take a good owner to prevent any product damage or failure.
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The buyer loses his rights under the warranty if he provides improper maintenance to the product, taking actions such as, but not limited to: cutting the product, sanding, scratching, disassembling the product using sharp objects, cleaning the product with products with an abrasive surface, exposing the product to chemical compounds, the use of cleaning solutions containing oil, acetone, detergents or alcohol as well as other similar substances, to acidic substances, the use or storage of products in conditions with rapid temperature changes, the exposure of products to extreme temperatures or humid environments, the use of products for purposes other than those for which they were designed by the manufacturer
are forbidden. The undertaking of these actions does not attract the responsibility of QWERTY KEY SRL based on the legal or commercial guarantee.
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The guarantee offered by the company is issued in accordance with the legislation in force and is based on obtaining by QWERTY KEY SRL the supporting documents for the quality/duration of use of the products, certificates and/or authenticity/compliance, directly from the product manufacturers or from to their authorized distributors. No Buyer may request an extended warranty in other T&Cs or a warranty valid for a longer term than that stated in the warranty documents issued by the manufacturer or distributor that accompanies the product and is offered to the Buyer.
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The terms of the commercial guarantee are: 2 years for natural persons, respectively 1 year for legal persons. Defects in conformity or operation must be learned within this time period, which runs from the moment of receipt of the product by the Buyer. The communication of the origin of defects must be made by e-mail to the address help@qwertykey.ro , within the warranty period, if possible. If the Buyer reasonably did not have the opportunity to communicate the occurrence of defects within the warranty period, the communication must be made within 15 days from the expiration of the warranty period.
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The Buyer's breach of its obligations under this subsection or of any legal obligations in connection with the warranty shall forfeit its right to obtain remedies under the statutory or commercial warranty, in accordance with the applicable legal provisions.
SECTION IX: PROMOTIONAL CAMPAIGN
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QWERTY KEY SRL offers various types of discounts, coupons or vouchers, their use being subject to the rules displayed on the website.
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Promotions do not stack with each other, the biggest discount is applied, this being valid for any type of discount, unless the promotion expressly states otherwise.
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QWERTY KEY SRL also offers promotional vouchers that the Buyer cannot purchase, but which are issued following an advertising campaign and which have a certain period of validity. Vouchers can only refer to a certain product category or only one type of product and can be used only once within a single order placement process. Vouchers cannot be used for orders already placed.
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Vouchers cannot be distributed to other third parties, cannot be resold and cannot be converted into money. The promotional voucher is not refunded in case of product return, if the promotional voucher was issued as part of a promotion.
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If an order is cancelled, rejected or returned in full, the order to which the Voucher was applied will lose its validity and can no longer be used.
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The provisions that refer to vouchers apply to the same extent to promotional codes offered by QWERTY KEY SRL.
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Certain promotional campaigns cannot be combined with other promotional campaigns, vouchers or discounts. This aspect will be specified in the regulation of each campaign, which will be made known to the Buyers by displaying it on the website.
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The company establishes unilaterally or possibly in collaboration with third party contractual partners of QWERTY KEY SRL the regulations of promotional campaigns, contests or rules for awarding vouchers that will be displayed on the website. Promotions will be applied to orders that strictly comply with the displayed Regulation, during the validity period and within the limit of available stock.
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The promotional campaign does not include delivery charges for the products that are the subject of these promotions, unless the Promotional Campaign expressly states otherwise.
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In the case of organizing raffles (or giveaways), through the Site or social media platforms, the provisions of the present terms and conditions shall apply accordingly.
SECTION X: RETURN POLICY
SUBSECTION X.I.: IN THE CASE OF DISTANCE CONTRACTS (ONLINE)
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In accordance with Art. 9 para. (1) O.U.G. 34/2014, in the case of distance contracts, "The buyer has the right to withdraw from the contract within 14 calendar days of receipt goods, without invoking a reason and without incurring additional costs".
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The buyer is responsible for bearing the transport costs for the return of the package, unless it has been agreed that this cost will be borne by QWERTY KEY SRL.
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The buyer exercises his right of withdrawal in accordance with the provisions of O.U.G. 34/2014, in this sense he will have to communicate to QWERTY KEY SRL his unequivocal intention to withdraw from the concluded contract. The request of QWERTY KEY SRL is for the products to be returned by the Buyer using the partner who performed the product delivery service to the Buyer, considering that the prices regarding the product delivery services are negotiated in favor of the Buyers.
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The buyer will bear the possible devaluation of the products, when this devaluation was the result of a handling of the goods that was not necessary or useful considering the nature of the product, its common destination or its functionality. If the returned products show signs of wear, scratches, bumps, mechanical or, as the case may be, electrical shocks, missing parts, regardless of the reason that determines these circumstances, QWERTY KEY SRL reserves the right to refuse the return.
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The buyer must return the product within 14 days of the moment in which he manifested his right of withdrawal, without undue delay. It is recommended that the return be made in the product's original packaging; if the product is not returned in its original packaging, the return can be accepted if the returned product shows no signs of damage, wear, has the tags attached and is complete, including the accessories that the product comes with, the warranty certificate, the instructions for use and assembly, the gifts offered by QWERTY KEY SRL
for the products ordered (in accordance with points 6.3 and 6.4 of the present T&C) etc. QWERTY KEY SRL reserves the right to refuse returns made in violation of this provision.
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In the case of exercising the right of withdrawal, QWERTY KEY SRL is obliged to return to the Buyer, without undue delay, within a maximum of 14 working days from the moment when it was informed about the exercise of the right of withdrawal by the Buyer, the amounts paid by the Buyer using the same payment method used by the Buyer to make the Transaction.
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If the payment was made online, by bank card, QWERTY KEY SRL will refund the amounts paid by the Buyer related to the returned product or products, from which the amount corresponding to the transport charges that the Buyer is obliged to bear will be deducted.
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The buyer has an obligation to handle and inspect the good with care, in the same way as he would be allowed to do in a physical store, to determine the nature, characteristics and operation of the good. In the event that the good is not returned in the same condition, the buyer will be responsible for any diminution in the value of the good resulting from its handling, other than what is necessary to determine the nature, characteristics and functioning of the good. And in such a case, from the total price of the good that will be returned, QWERTY KEY SRL will retain an amount of money that represents the decrease in the value of the good. Any such objections will be communicated to the buyer by QWERTY KEY SRL after the return analysis, within the period provided for the price refund, in which case a return report will be concluded in which all the irregularities found during the examination of the product will be signed. It is considered a decrease in the value of the asset resulting from its manipulation, as provided by art. 14 of GEO 34/2014, any traces of: fine scratches, visible scratches, traces of persistent dirt, traces of oxidation, cracks and any other such visible traces that did not exist at the time of delivery of the product.If the decrease in value is significant, in the sense that it can be reasonably estimated that the product could not be resold later, QWERTY KEY SRL reserves the right to refuse the return.
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In case of exercising the right of return in any way, the return of the amount of money paid by the Buyer for the product/products will only take place after
the returned product(s) come into the possession of QWERTY KEY SRL or, at least, after the Buyer provides conclusive proof of having sent the product(s) to QWERTY KEY SRL.
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Gift cards and customized products on request, as well as products on which, on request, the services of lubrication, tape mod, adding films, etc. have been performed. it is not returned, in accordance with the provisions of GEO 34/2014.
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Returning products contrary to the conditions presented in these T&C and/or contrary to the conditions stated by O.U.G. 34/2014, entails the impossibility of exercising the right of withdrawal under the conditions provided by law and the possibility that QWERTY KEY SRL may refuse the return requested by the Buyer. The counter value of the products that will be returned will not be paid, and the products will be resent to the Buyer, the resending costs being borne by the Buyer.
SUBSECTION X.II.: IN THE CASE OF PRODUCTS PURCHASED FROM QWERTY KEY SRL PHYSICAL UNITS
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If the product was purchased through the physical presence of the Buyer in one of the units where QWERTY KEY SRL sells products, the Buyer can only return the product with the express consent of QWERTY KEY SRL. QWERTY KEY SRL reserves the exclusive right to refuse any return of products purchased from physical units.
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If QWERTY KEY SRL, even if it is not obliged, accepts the return of a product purchased from the physical units, it must show no signs of use and be accompanied by all labels, original packaging and any other accessories, including the gifts offered by QWERTY KEY SRL for the products ordered, in accordance with points 6.3 and 6.4 of these T&C.
SECTION XI: PRIVACY POLICY
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QWERTY KEY SRL will maintain the confidentiality of the data provided by the Buyer, the disclosure of this data, as well as its use, will be made only in accordance with the T&C
present, with the Privacy Policy and with the legislation on the protection of personal data.
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No public statement, promotion, press release or any other way of disclosure to third parties can be made by the User/Buyer regarding the details of the order or the contract, without the prior written consent of QWERTY KEY SRL.
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To access and view the Privacy Policy of QWERTY KEY SRL regarding the processing of personal data, it is available at *link*. The Privacy Policy supplements these T&Cs.
SECTION XII: FRAUD
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By creating the account and using it, the Buyer is responsible for the confidentiality of his account data (username and password), for managing access to his account and is responsible for the activity carried out through his account.
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QWERTY KEY SRL is not responsible for damages caused to the User/Buyer by a third person who claims to act on behalf or in the interest of QWERTY KEY SRL, or claims to have a commercial relationship with QWERTY KEY SRL or uses other manipulations that create the appearance of a legal relationship with QWERTY KEY SRL. The buyer is encouraged to notify QWERTY KEY SRL about this matter immediately, at the contact details displayed on the QWERTY KEY SRL website.
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The creation of multiple accounts using addresses that expire after a predefined period, in order to benefit from promotions, vouchers or offers or any other behavior that denotes fraud and that is able to affect the normal course of the Promotional Campaign is prohibited and constitutes attempted fraud. In this situation, QWERTY KEY SRL reserves the right to suspend these accounts, to cancel the accounts without notice or other notification formalities and without granting compensation of any kind.
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Any attempted fraud or fraud, committed on the data of Buyers or Users or on the content of the company's website will be punished according to the legal provisions in force.
SECTION XIII: DISCLAIMER
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QWERTY KEY SRL will not be held responsible to the User/Buyer who accesses the site outside the limits presented by these T&C.
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Regarding the data provided to create an account, maintaining the confidentiality of this account data, accessing the account, sharing the account data, the User/Buyer assumes responsibility.
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By creating the account, using the account or placing the Order, the User/Buyer agrees expressly and completely with the present T&C in the last available form, communicated by display on the website, at the time of creating the account, using it or placing the order.
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QWERTY KEY SRL reserves the right to periodically modify the content of the T&C in order to inform the Users/Buyers of any changes regarding the operation of the site or any relevant legislative changes in the matter. The modified T&C will be enforceable from the moment they are displayed on the website, meaning that we recommend a periodic consultation of the T&C.
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QWERTY KEY SRL does not guarantee the User access to the site in the absence of completing the complete registration steps provided on the site and does not grant the User the right to download or modify the Content in whole or in part. Likewise, the User may not partially or fully reproduce, copy or transfer to any third party any Content to which he has or has obtained access, based on a user agreement, without the prior written consent of QWERTY KEY SRL. The user is responsible for any damages caused as a result of disregarding the provisions of this point in the T&C.
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QWERTY KEY SRL is not responsible for the content of the sites reached through the link, regardless of their nature, the only responsible in this situation being the owners or administrators of the sites in question. QWERTY KEY SRL also does not guarantee the experience of using the site, in the sense that it will meet the expectations of the User/Buyer.
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The means of promotion used for the presentation of promotional campaigns on the Site are exclusively brand promotion, without their use having the meaning of an obligation on the part of QWERTY KEY SRL to actually have in stock the products that appear or may appear within them. Only the products present on the website, with the sale price and their characteristics indicated, serve the commercial purposes of the Company and are thus available for sale.
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QWERTY KEY SRL cannot be held responsible for any injury, direct/indirect material damage or loss resulting from any defect in the delivered product, unless they were caused by the intention, omission or gross fault of QWERTY KEY SRL.
SECTION XIV: ASSIGNMENT AND SUBCONTRACTING
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QWERTY KEY SRL can assign and/or subcontract a third party for the services related to the fulfillment of the Order, with the information of the Client, without his consent being necessary.
SECTION XV: FORCE MAJEURE
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Force majeure represents that unpredictable and invincible event, occurring independently of the will of the parties, occurring after the conclusion of the contract, which determines the partial or total impossibility of executing the contract.
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If the non-execution of any obligations on time, partially or totally, is caused by the existence of a case of force majeure, obligations that fall either to QWERTY KEY SRL or to the Buyer under the concluded contract, then none of the parties will be responsible for the non-execution to
term of these obligations. Force majeure exempts the parties from liability in case of partial or total non-execution of the obligations assumed by this contract.
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If the circumstances and effects of the event constituting force majeure persist for a period longer than 30 days, each contracting party will have the right to notify the other party of the legal termination of the contract, without being able to claim damages-interest from the other. Until the end of this period, the parties have the obligation to perform the rest of their obligations arising from the contract, if this is possible.
SECTION XVI: DISPUTES
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As a rule, any disputes arising from the conclusion of this contract or directly related to this contract, including those related to the validity, interpretation of the contract, its execution or its termination, will be resolved, first of all, amicably between the contracting parties.
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If the amicable settlement of disputes has failed, any disputes, in a broad sense, born from the contract or in connection with the contract, will be under the jurisdiction of the territorially competent Romanian courts in the district where QWERTY KEY SRL is based.
SECTION XVII: FINAL PROVISIONS
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The language of communication between the contracting parties as well as the language of the sales contract is Romanian. All contracts concluded by QWERTY KEY SRL with Buyers will be stored electronically by QWERTY KEY SRL and are not available to third parties.
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In the event that any provision of these T&C becomes unenforceable, invalid or void for any reason, the rest of the provisions of this document will continue to be valid and will have their effects.
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QWERTY KEY SRL reserves the right to modify or, as the case may be, update the present T&C provisions, any modification to be displayed on the website, becoming binding on Users/Buyers from the date of publication. For the rights and obligations of QWERTY KEY SRL and the Buyers born before the change, they remain unaffected.
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In the event that an element of extraneousness intervenes in the relationship between the contracting parties, the parties agree that the law governing the legal relations between them shall continue to be Romanian law. The rights of the consumer deriving from the general legislation in the matter remain the same.