1. DEFINITIONS AND TERMS
ABC EURODENT – is the commercial name of S.C. A.B.C. EURODENT SRL., Romanian legal entity, headquartered in Bucharest, Str 1 Mai 35, sector 6, having Trade Registry incorporation number J40/3272/2007, sole tax code 21114105.
Seller – ABC EURODENT.
Buyer – individual / legal entity or any legal entity that makes an Account on the website and places an order.
Client – individual / legal entity that has or obtains access to the CONTENT, through any communication means made available by ABC EURODENT (by electronic means, by telephone, etc.) or based on an existing agreement of use between ABC EURODENT and such person and that needs to create and use an ACCOUNT.
User – individual / legal entity registered on the website, who, by completing the process of creating the Account, expressed their consent concerning the specific website clauses from the section General Terms and Conditions.
Nickname – pseudonym by which a certain user / client /buyer may add Content to the website. The Nickname is associate to the information from the User/client /buyer’s website under the name of “User name”.
Account – website section made up of the email address and a password enabling the Buyer to send the Order and containing information about the Client/Buyer and the Buyer’s history on the Website (orders, fiscal invoices, Goods securities, etc.).
Favorite – Account section enabling the Buyer / User to create Lists.
List – webpage from Favorite to which the Buyer/User may add Goods, which they consider being preferential and which, subsequently, they may add to the purchase basket (“my basket”).
Lists may be:
﹣ Public: any Client/Buyer/User may visualize the Buyer/User List in case that they shared it on the social networks (Facebook, Twitter and Google+) or if they are accessing the public profile of the Buyer/User from the website. The lists are public, and the Buyer/User has the possibility to set them as private anytime, directly from their Account or from the Favorite section.
﹣ Private: they may be visualized only by the Account Owner. The Buyer/User has the possibility to set them as public anytime, directly from its account or from the Favorite section.
Site – the domain www.abceurodent.ro and its sub-domains.
Order – an electronic document that represents a form of communication between the Seller and the Buyer through which the Buyer sends to the Seller, through the website his/her intention of buying Goods and Services from the website.
Services – any service, including the documents and services mentioned in the Order, that follows to be supplied by the Seller, to the Buyer as a result of the concluded Contract.
Campaign – action of exposing, for commercial purposes, a definite number of Services, having a limited and predefined stock, for a limited period of time established by the Seller.
Contract – represents the remote contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and of the Buyer.
• All the information from the Website that may be visited, viewed or therefore accessed by using an electronic equipment;
• Contents of any e-mail sent to the Buyers by the Seller by electronic means and / or any other available communication means ;
• any information communicated by any means by an employee /collaborator of the Seller, Buyer, according to the contact information specified or not by him/her;
• information related to the Services and/or rates charged by the Seller in a certain period;
• information related to Services and/or rates charged by a third party with whom the Seller has partnership contracts concluded, in a certain period;
• data relating to the Seller, or other privileged data of him/her.
Questions – formula of appeal addressed to other Users/Clients/Buyers in order to obtain information about the products or services from the respective page.
Answer – written information that is transmitted to the User/Client/Buyer that addressed a Question on the website, in the page of a certain product. The answer represents an explanation offered by a User/Client/Buyer to another User/Client/Buyer in a discussion.
Document – these Terms and Conditions.
Newsletter – periodical means of information, exclusively by electronic means, respectively the electronic mail (e-mail, SMS) over the Services and/or of the promotions developed by the Seller in a certain period, without any commitment from the Seller with reference to information contained by it.
Transaction – cashing in or reimbursement of an amount resulted from the sale of a service by ABC EURODENT to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the way of delivery.
Descriptions – all the descriptions of the Services, as they are specified in their description.
2. CONTRACTUAL DOCUMENTS
2.1. By the registration of an Order on the Website, the Buyer agrees with the form of communication (by phone or e-mail) through which the Seller develops operations.
2.2. The notification received by the Buyer, after placing the Order has information purpose and does not represent the acceptance of the Order. Such a notification is made by electronic means (e-mail) or by phone.
2.3. For reasonable grounds, the Seller reserves the right to amend the quantity of the Services from the Order. If the Seller changes the quantity of the Services from the Order, the Seller will notify the Buyer at the email address or at the telephone number made available to the Seller when placing the Order and will return the amount paid for the Services not rendered.
2.4. The Contract is deemed being concluded between the Seller and the Buyer at the time of the Buyer’s receiving from the Seller, by email and / or SMS of a notification of dispatch of the Order.
ALL MEDICAL SERVICES FOUND AT SHOP.ABCEURODENT.RO ARE SUBJECT TO DOCTOR’S DECISION. THE BUYER MAY NOT COMPEL THE DOCTOR IN PERFORMING ANY PROCEDURE INTERFERING WITH THEIR HEALTH STATE AND THE DOCTOR SHALL BE THE ONLY ONE WHO MAY DECIDE WHEN, HOW AND WHAT KIND OF PROCEDURES SHALL BE PERFORMED. SHOULD THE DOCTOR DECIDE THAT THE PROCEDURE REQUESTED WITHIN THE ABC EURODENT CLINICS MAY NOT BE PERFORMED, THE AMOUNTS PAID SHALL BE RETURNED WITHOUT ANY FURTHER COST OR CLAIMS FROM ABC EURODENT.
PURCHASE OF MEDICAL SERVICES ADVERTISED AT SHOP.ABCEURODENT.RO IS A DEPOSIT SUBMITTED IN FAVOR OF SUCH MEDICAL SERVICES REQUESTED AND NOT THE PURCHASE OF A PRODUCT.
3. THE ONLINE SALE POLICY
3.1. Access in view of placing an Order is allowed to any Client/Buyer. For justified reasons, ABC EURODENT reserves the right to restrict the access of the Client/Buyer in relation to placing an Order and/or to any of the means of payment accepted, in the event they have reasons to believe that, based on the Client’s/Buyer’s conduct or activity on the Website, their actions may, in any way, prejudice ABC EURODENT. In any of these cases, the Client/Buyer may address ABC EURODENT, so as to be notified in relation to the reasons having led to the enforcement of the aforementioned restrictions.
3.2. Communication with the Seller may be direct interaction or by means of the addresses mentioned in the “Contact” section of the Website. The Seller is at liberty to manage the information received without having to bring any justification to this purpose.
3.3. In case of an unusually high traffic originating from an internet network, ABC EURODENT reserves the right to demand Client/Buyers to enter manually the captcha validation codes, for the purpose to protect the information on the Website.
3.4. ABC EURODENT may publish on the Website information related to the Services and/or promotions currently available.
3.5. The Service rates on the Website are expressed in lei (RON) and in €, for payment made from outside Romanian territory. The payment for Services published in € shall be performed in lei, at the NBR exchange rate on the date of payment. The rates are final. ABC EURODENT, under the law, is not a VAT payer, which is why rates do not include VAT.
3.6. In the case of online payments, the Seller is not/cannot be held liable for any other additional cost borne by the Buyer, including but without limitation to exchange rate fees applied by the issuing bank of their bank card, should the issuing currency differ from RON. The Buyer shall be solely liable for such action.
3.7. All information used for the description of Services available on the Website (static/dynamic images /multimedia presentations / etc.) is not a contractual obligation on the part of the Seller, as they are used exclusively for presentation purposes.
4. ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and/or subcontract a third party for the Services (for instance, Radiology) related to supplying the Order, Buyer notification, without their consent being necessary. The Seller shall always be liable towards the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
5.1. The content, as defined under the preamble, including, but without limitation to logos, customized representations, commercial signs, static images, dynamic images, text and/or multimedia content presented on the Website, are the exclusive property of ABC EURODENT, and all rights obtained directly or indirectly for this purpose (by means of licenses for use and/or publishing) shall be reserved to them.
5.2. The Client/Buyer is not permitted to reproduce, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, connect to, expose, include any Content into any context other than the original context intended by ABC EURODENT, inclusion of any Content outside the Website, removing the signs showing the author rights of ABC EURODENT over the Content, as well as taking part in the transfer, sale and distribution of materials executed by reproducing, changing or displaying the Content, other than by the express written consent of ABC EURODENT.
5.3. Any content to which the Client/Buyer has and/or obtains access by any means, is under the incidence of the Document, in the event that the Content is not accompanied by a specific and valid use agreement executed between ABC EURODENT and the former, and without any guarantee, implied or expressly set forth by ABC EURODENT in relation to such Content.
5.4. The Client/Buyer may reproduce, transfer and/or use the Content solely for personal or non-commercial purposes, unless they conflict the provisions of the Document.
5.5. In the event that ABC EURODENT offers the Client/Buyer the right to use, under the described form under a distinct use agreement, a certain content to which the Client/Buyer has or receives access pursuant to this agreement, such right only extends over that/those particular content(s) as defined in the agreement, solely throughout the existence of such content(s) on the Website or the period defined under the agreement, based on the conditions defined, should they exist and not act as a contractual arrangement from ABC EURODENT on behalf of the respective Client/Buyer or any other third party with access / gaining access to such transferred content, by any means and that might be or is prejudiced, by any means, from this content, during or after expiry of the use agreement.
5.6. No content conveyed to the Client or the Buyer, by any means of communication (electronic, phone etc.) or acquired by them from accessing, visiting and/or viewing, represent a contractual obligation on the part of ABC EURODENT and/or the employee/ ABC EURODENT who mediated the transfer of Content, if such obligation currently exists, in relation to the respective content.
5.7. Any use of the Content for purposes other than those expressly permitted under this Document or the use agreement accompanying it, if appropriate, is strictly prohibited.
6.1. The Client/Buyer may place Orders on the Website, by adding the Services required in the shopping basket, and they shall complete the Order by payment under any of the means expressly indicated. Once added into the shopping basket, a Service is available for purchase to the extent of the available related stock. Adding a Service to the shopping basket, without however completing the Order, does not bring about the recording of an order, nor automatic booking of the Service.
6.2. To complete the Order, the Buyer consents that all data supplied by them and necessary for the purchase process is accurate, complete and true, at the time of placing the Order.
6.3. By completing the Order, the Buyer consents to the Seller contacting them, by any means available / agreed by the Seller, in any instance when such contact is necessary.
6.4. The Seller may cancel the order placed by the Buyer, following a prior written notification addressed to the Buyer, without any further obligation of any party towards the other and without any party being capable of claiming damages, in any of the following instances:
6.4.1. Failure to accept the transaction by the issuing bank of the Buyer’s card, if payment is made online;
6.4.2. Payment not validated by the card processor agreed by ABC EURODENT, if payment is made online;
6.4.3. The data supplied by the Client/Buyer on the Website are incomplete and/or incorrect;
6.5. The Buyer may withdraw from the Contract, and renounce a Service, within 14 calendar days, without claiming any reason and without incurring any costs other than delivery costs.
Therefore, according to GEO no. 34/2014, the term for renouncing a Service expires in 14 days from:
﹣ The day the Buyer physically enters into possession of the last Service – in the event the Buyer uses a single Order to order multiple Services to be separately delivered.
6.6. In the event that the Buyer decides to withdraw from the Contract, the Buyer may fill in the online form that can be accessed at the link http://shop.abceurodent.ro/ro/contact-us.
6.5. In the event that the Client/Buyer requests the withdrawal from the Contract within the legal term of withdrawal from the contract, they must return also the possible gifts that accompanied the respective product. In case that the Order is paid, the Seller will reimburse the amount within maximum 14 (fourteen) days since the date of the Buyer’s informing the Seller about his/her decision of withdrawal from the Contract. The amount will be returned as it follows :
6.5.1. for the Orders paid with online card ->by restitution in the account from which the payment was made ;
6.5.2. for the Orders paid by consumer credit -> cancellation/recalculation of the contract installments;
6.5.3 for the Orders paid by bank transfer, the amount will be returned by bank transfer in the account from which the payment was made .
6.6. In case that a Service ordered by the Buyer cannot be delivered by the Seller, the later will inform the Client/Buyer about it and will return in the Buyer’s account the value of the Service, within maximum 7 (seven) days since the date on which the Seller acknowledged it or since the date when the Buyer showed expressly his/her intent to terminate the Contract.
6.7. The offers promoted by ABC EURODENT are not cumulative and/or do not substitute any other customized offer or with other discounts, promotions, passed, present and future subscriptions.
7. SERVICES FOR WHICH THE WITHDRAWAL RIGHT IS NOT ENSURED
7.1. The following are excluded from the right of withdrawal from the Contract:
7.1.2. service agreements, after the complete rendering of the services, if the execution started with the prior express consent of the Buyer and after the Buyer confirmed that they acknowledged the fact that will lose the withdrawal right after the complete execution of the contract by the Seller;
7.1.3. the supply of services of which price depends on the fluctuations from the financial market, which the Seller cannot control and that may take place during the withdrawal period;
7.1.4. the supply of Services created according to the specifications placed by the Buyer or customized clearly;
7.1.5. the supply of Services that are, after delivery, according to their nature, inseparable mixed with other elements;
8.1. ABC EURODENT will keep confidential any kind of information that you supply. The disclosure of the information supply can be made only under the conditions mention in this Document.
8.2. No public statement, promotion, press release or any other way of disclosure to third parties will be made by the Buyer/Client concerning the Order/Contract without the Seller’s prior consent in writing.
8.3. By the transmission of information or materials through this site, you offer to the Seller unrestricted and irrevocable access thereto, the right of use, reproducing, posting, amending, transmitting and sharing these materials or information. You also agree that the Seller is able to use freely, for its own interest such information, ideas, concepts, expertise or techniques that you sent us through the Website. ABC EURODENT shall not be subject to obligations relating to the confidentiality of the information sent, unless the legislation in force provides otherwise.
9.1. Newsletters of ABC EURODENT are sent through the partners specialized and agreed by ABC EURODENT or directly by the ABC EURODENT servers. Thus, the information confidentiality and security is ensured.
9.2. When the Client creates an Account on the Website, the Client has the possibility to express his/her consent concerning the receipt of Newsletters.
The Client may change anytime its option concerning the consent expressed to the Seller:
9.2.1. by contacting ABC EURODENT to that end.
9.2.2. by changing the setting of the Account by the Client at the section “My subscriptions”.
9.2.3. by accessing the unsubscribing link posted in the commercial messages received from the Seller.
9.3. Waiving the receipt of the Newsletters does not imply waiving to the acceptance given for this Document.
10. INVOICING – PAYMENT
10.1. The prices of the Services posted on the website www.abceurodent.ro and of the sub-domain are not VAT bearer according to the legislation in force.
10.2. The price, modality of payment and term of payment are specified in every Order. The Seller will issue to the Buyer an invoice for the delivered Services, the Buyer’s obligation being to supply all the information necessary for issuance of the invoice according to the legislation in force.
10.3. The Seller will send to the Buyer the invoice related to the Order that contains the Services sold by ABC EURODENT exclusively in electronic format, by addition of the invoice to the Buyer’s Account or by e-mail, to the e-mail address mentioned by the Buyer in their Account.
10.4. For a correct communication of the order-related invoice, the Buyer is liable for updating anytime necessary, the Account data or/ and to access information and documents related to each Order, existing in the Account.
10.5. By this communication way, the Buyer, accessing his/her Account will hold records of the invoices issued by ABC EURODENT, being able to save and archive it at his/her turn anytime and in any way he/she might wish.
10.6. By sending the Order, the Buyer expresses the consent to receive the invoices in electronic format, by their adding them by ABC EURODENT in the Account or through the electronic mail, to the email address mentioned in his/her account.
10.7. In case that such information are available for more than 48 (forty-eight) hours in the account, please notify us on this aspect on the email: email@example.com.
10.8. The data of the payment card of the Client/ User/ Buyer will not be accessible to ABC EURODENT and nor will they be stored by ABC EURODENT or by the website integrated payment processor, but only by the institution authorizing the transaction or another entity authorized to render the services of storage of the card identification data, of whose identity the Client/ User/ Buyer will be informed in advance, before the data introduction.
The entity authorized to render the card data storage services is Libra Pay. For more details, please access www.librapay.ro and http://www.librapay.ro/termeni-si-conditii/ .
10.9. In certain cases, in order to maintain the security of the transactions, at the Order’s registration, the Buyer will be requested to authorize the payment by reintroducing the password related to the account or to the use of the digital impression, facial scanning or recognition of the iris in case the mobile terminals that have such facility.
10.10. For the reasons of safety of the transactions, the Client/ User/ Buyer is advised not to remain logged on the Website and not to set the automatic logging option on the mobile devices. The disclosure of the password for accessing the account is not allowed and the use of a strong security password is recommended (e.g.: to contain at least eight characters, including capital letters, lowercase letters, digits and special characters).
11. RENDERING OF THE SERVICES
11.1. The Seller will render the Services only in the clinics ABC EURODENT within maximum 60 days since the purchase of the Services. If the Buyer does not request the reimbursement of the money according to the point 6.5, then the single modality of returning of the money after the 14 calendar day period depends strictly on the impossibility of applying the treatment because of the patient’s health state.
12.1. By creating and using the account, the Client / User/ Buyer does not undertake the liability for maintaining confidentiality of the account data (user and password) and for managing g the account accessing and to the extent allowed by the legislation in force, is responsible for the activity developed through his/her Account.
12.2. By creating the Account and / or by the use of the Content and/or use of the Content and/or placement of Orders, the Client / User/ Buyer accepts expressly and without any doubts, the Webpage’s Terms and Conditions in the last updated version that is communicated on the Website, existence on the date of creating the Account and/or use of the content and/or on the date of the Order’s placement.
12.3. After creating the account, the use of the content is equivalent to the acceptance of the changes made to the Website’s Terms and Conditions and/or of the updated versions of the Website’s Terms and Conditions.
12.4. The Website’s Terms and Conditions may be changed anytime by ABC EURODENT, being effective to the Clients / Users/ Buyers, as of the dare of posting on the website. The acceptance of the Website’s Terms and Conditions is confirmed by checking the appropriate checkbox of the Website and/or by sending the Order and/or by making of an online payment.
13. WRITING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
13.1. The Users/Clients/Buyer may write Comments, Questions and Answers, in the sections “Clients’ questions and answers” and “Reviews”. The written information may be both positive and negative, and will refer to the characteristics of a service.
13.2. At the time of writing of a certain Comment /Question/Answer on the webpage, the Users/Clients/Buyers grant to the Seller a non-exclusive, perpetual, irrevocable license without territorial limits and entitle the Seller to use, reproduce, change, adapt, publish, translate, share and post such content.
13.3. Each User/Client/Buyer, when writing a Comment /Question/Answer in the mentioned sections, undertakes to comply with the following rules:
﹣ To refer only to the characteristics of a service, avoiding the information related to aspects that may change (promotional price or offers) or information that relate to the way of development of the order;
﹣ To use the Romanian language only. There are permitted only the words or phrases that are largely used in all the environments, even if they are not considered Romanian;
﹣ To use an adequate language, without offences, without terms that may offend or affect any other User/Client/Buyer;
- to ensure the compliance of the content introduced on the Website as it follows: any question one might have will be written in the section “Clients Questions and Answers”;
﹣ To make sure that the information that they insert are realistic, correct, not misleading and in accordance with the applicable laws, thus observing the rights if other parties, copyrights, trade mark, license or other property , publicity or privacy rights;
﹣ To use such facility in order to communicate or to obtain additional details relating to a certain service from the Website without making reference to other companies that promote sale and purchase of products ;
﹣ Not to supply or to request, in any way and to any extent, personal data (contact details, information about the delivery address or domicile, telephone numbers, email addresses, surname and/or first name, etc.) or any other information that may determine disclosure of such personal data;
﹣ Not to write information and/or details about URLs (links) from other commercial sires that develop the same commercial activity as the Seller;
﹣ Not to attempt to fraud the services made available by the Seller or to write Comments / Questions /Answers that would contain advertising materials;
﹣ Not to use the Comment /Question/Answer as means of communication with the Seller, he/she will use the contact data of the Seller specified on the website for such purpose.
13.4. When a Review/Comment /Question or Answer is noticed by a User/Client/Buyer as having an improper content, from a strictly subjective perspective, such content is examined carefully by the Seller in order to determine if it violates the Website’s Terms and Conditions.
For notices or complaints related to the purchased service, the Buyers have the notice form available on the website: firstname.lastname@example.org /reclamatii-sesizari. The maximum term for solving out complaints or notices is 30 calendar days since their receipt.
14. PERSONAL DATA PROCESSING
14.1. ABC EURODENT is registered in the Personal Data Processing Registry under number 26127.
14.2. According to the requirements of the Law no. 677/2001 on the protection of persons concerning personal data processing and the free movement of such data, amended and supplemented, ABC EURODENT has the obligation to manage in safe conditions and only for the specified purpose, personal data that you supply to us.
14.3. The purpose of collecting data is:
- Informing the clients /Buyers on the standing of their Account, including the validation, dispatch and invoicing of orders, solving of cancellations and of any problems relating to an Order, in the purchased services,
- Sending of Newsletters and/or periodical alerts, by using of electronic mail (e-mail, SMS)
- Market research, follow-up and monitoring of sales and behavior of the Client /Buyer.
14.4. By filling – in of data from the Account set-up form and/or by the Order’s data, the Buyer represents and accepts unconditionally that his/her personal data would be included in the database of ABC EURODENT, registered in the Personal Data Processing Registry under number 26127, and gives the express and clear agreement that all such personal data be stored, used and processed for the purpose provide above at the point 16.3.
14.5. By reading the Document, you agree that your rights provide by the law are guaranteed, respectively the right to be informed, right to data access, right to intervene, right to oppose, right of not being subject to any individual decision, right to appeal to justice in case of violation of the rights guaranteed by the Law 677/2001 on the protection of persons concerning personal data processing and free movement of such data.
14.6. Based on a written application, dated, signed and dispatched at the address: 1 Mai 35, bloc C13, scara B, apt 54, sector 6, Bucuresti, you may exercise your right for free, once a year, to be confirmed the fact that your personal are processed or not.
14.7. Based on a written application, dated, signed and dispatched at the address: 1 Mai 35, bloc C13, scara B, apt 54, sector 6, Bucuresti, you may exercise your right to intervene over the data, as the case may be:
14.7.1. Rectification, updating, blocking or deletion of data, of which processing is not compliant with the Law 677/2001 on the protection of persons concerning personal data processing and the free movement of such data, especially in respect of incomplete or inaccurate data;
14.7.2. Transformation in anonymous data of the data of which processing is not compliant with the Law 677/2001 on the protection of persons concerning personal data processing and the free movement of such data;
14.7.3. Notification to third parties to whom data was disclosed, if such notification does not proves impossible or does not imply a disproportional effort towards the legitimate interest that might be injured.
14.8. Also, ABC EURODENT may supply Buyer’s personal data to other companies with whom he/she has partnership relationships, but only based on a confidentiality commitment from them and for the purposes mentioned at point 16.3. only, by which it guarantees that such data us kept safe and that such personal information is supplied according to the legislation in force, as it follows: suppliers of courier services, suppliers of marketing services, suppliers of payment/banking services, telemarketing or other services, supplied by companies with whom we can develop joint programs of offering on the market our goods and services, insurers.
14.9. The Buyer’s personal information may be used also by the General Prosecutor’s Office, Police, courts of law and other competent bodies of the state, based and within the legal provisions and as a result of some expressly stated requests.
15. FORCE MAJEURE
15.1. Neither party will be liable for the default of their contractual liabilities, of such a failure to fulfill in due time and / or improper fulfillment, totally or partially is owed to a force majeure event. Force majeure is an unpredictable event that does beyond the control of the parties and that cannot be avoided.
15.2. If within 15 (fifteen) days since the date of its occurrence, the respective event does not cease, each party will be entitled to notify the other party on the termination by law of the Contract, without any other them being entitled to claim damages from the other one.
16. APPLICABLE LAW – JURISDICTION
These Terms and Conditions, Attending Physician – Patient/Buyer/Patient relationship and SC ABC EURODENT SRL and Patient/Buyer/Client relationship are governed by the Romanian laws. Any litigations that might arise will be settled out amicably or, in case that it will not be possible, litigations will be settled out by the Romanian competent trial courts from Bucharest Municipality.