TERMS AND CONDITIONS OF THE WWW.AFTERHILLS.COM ONLINE STORE
1.1 In the context of this document, unless otherwise stated, the capitalized terms will have the meaning given in this paragraph 1.1:
Seller or Company
is the Trading Company AFTERHILLS S.R.L., a commercial company registered and operating under the laws of Romania, with registered office in Vasile Lupu Street, no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iași county, registration number at the Trade Registry J22 / 1653/2016, CUI36328743, phone number: 0771032494, email: email@example.com, with the correspondence address Vasile Lupu Street, no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iași county;
is any natural or legal person who meets the conditions set out in paragraph 3.1 below and has placed an Order. The individual customer will be considered Consumer unless the products ordered will be used for the Client's professional activity;
is the electronic document through which the Customer communicates to the Seller the intention to purchase one or more Products through the Online Store;
is an Order confirmed by the Seller which obliges the Seller to sell to the Customer the Product or, as the case may be, the Products subject to the Order and to ensure its delivery (time) and the Customer to receive this Product(s) and to pay the price;
is the virtual store available on the Website;
is the website available at www.afterhills.com;
is any good that is the object of the Seller’s offer on the Website and is to be delivered to the Customer following the conclusion of the Contract;
is any person who accesses the Website and opens a User account;
T & C
represents the terms and conditions for the sale of the Products through the Online Store, as described in this document.
2. General conditions of use
2.1. T & C apply to all sales of Products made by Seller through the Online Store to any Customer. If Customer is a Consumer, these T & Cs are complemented by mandatory consumer protection legislation.
2.2. Before using the Online Store, any person must properly register on the Website, by filling in all the required information through the registration form and activating his User account. Prior to any subsequent use of the Online Store, the User must immediately amend any information required for the record, should it have changed in the meantime.
2.3. Registration is only allowed for people who have the capacity to enter into legal acts. The User warrants and is the only entity responsible, and the Company assumes no liability and can not be held liable for the User's ability to enter into legal acts.
2.4. The registered user is the only one responsible for the security of his / her password. It is forbidden to send the password to third parties. The password can be used only for the purpose of accessing the Online Store. If the password gets to the attention of any unauthorized person, the User will immediately change the password.
3. The Order. General rules
3.1. An Order may be placed by a User only if:
3.1.1. the user provides a valid email address;
3.1.2. the user provides a phone number that can be easily contacted; and
3.1.3. the user is the holder of a valid Visa or Mastercard bank card.
3.2. The Seller reserves the right not to confirm and not to honor Orders placed by Users that do not meet the conditions set in paragraph 3.1 above
3.3. The Presentation of Products within the Online Store is not a Company's undertaking to enter into a Contract. Presentation only invites the User to make an irrevocable purchase bid by placing an Order.
3.4. Placing an Order is done by following the steps outlined in Section 4 below. Starting the time the Order is placed successfully, the User becomes a Client, and placement of the Order is its irrevocable offer to purchase the Product or Products subject to the Order.
3.5. The contract is deemed to be concluded when the Seller submits to the Customer the confirmation of the Order placed by the latter.
3.6. All Products are offered within the stock limit. Orders placed to the Seller determine the conclusion of the Contract only if the Products subject to the Order are in the Seller's stock, the Seller reserving the right not to accept an Order if the Product is no longer in stock. The products in the shopping cart are not reserved until the Seller has confirmed the Order and paid the full price (if the Customer has opted for payment by bank card at the time of Order confirmation).
3.7. For products that are not in stock, some changes may be made by the vendor's employees (the Company's suppliers) at the production stage and / or if they decide not to produce an item. If there are differences with a Product ordered or if an item will not be delivered by the vendor, the Seller will contact the Customer to obtain his agreement for the delivery of the Modified Product, or, as the case may be, will cancel the Order and will refund the price already paid by the Customer.
3.8. The Company assumes no responsibility for the fact that, due to reasons beyond its control (e.g., Customer computer configuration) or due to defects, the details, including the colors of the products viewed on the Website, may appear vaguely different from the original.
3.9. The Delivery of the products sold through the Contract can occur instantly exclusively on the territories and under the conditions mentioned in the “Secure Delivery / Delivery Conditions” section of the website. Unless otherwise stated, the transport costs will be ensured by the Client and will be part of the Contract price.
3.10. Orders received by the Seller will be honored in the order they were confirmed.
4. The Order, step by step
4.1. Customer Orders are shipped to the Seller by following all of the steps described below:
4.1.1. selecting the desired Product(s);
4.1.2. adding the desired Product(s) to the "My Cart" section by clicking the "Add to Cart" button;
4.1.3. completing a form with information about:
a) customer identification data;
b) the delivery address of the Product;
The special Website provided by the Company displays the total cost of the Product Cart, including the price displayed on the site and the shipping costs.
4.1.4. Selecting the payment method:
a) in cash at the time of delivery of the Product;
b) with the bank card, at the moment of delivery of the Product;
c) with the bank card, at the moment of confirmation of the Order, by using the Service;
d) with the bank card, online, in equal installments without interest through EuPlatesc.
4.1.5. the display of the control document containing the data entered in paragraphs 4.1.1 to 4.1.4;
4.1.6. acceptance of the Company's Terms and Conditions;
4.1.7. by pressing the "Send Order" button. Before clicking on the "Send Order" button, the Customer will be able to correct any errors that occurred when entering the relevant data;
4.2. The Company excludes the possibility of paying by check.
4.3. Prior to sending the Order, the Customer has the opportunity to recheck the details and to modify any Order data.
5. Order Confirmation
5.1. Receiving and accepting the Order by the Company will be confirmed by a display on the screen and by sending a confirmation email to the email account provided by the Customer. If Customer has opted for payment by bank card at the time of Order Confirmation, the online payment form will appear on the screen.
5.2. Each Customer will be able to view a history of his/her Orders in the past two calendar years by going to the History section of the User account.
6. Unavailable Products
6.1. If some Products are not available in stock, the related information will be placed next to the description of the Products. For these Products, the Company reserves the right to confirm the Order after verifying the availability of the Product / Products to its suppliers. In this case, the Company will confirm the takeover of the Order to the Customer, associating it with the status "Order under confirmation". Order Acceptance and "Order under confirmation" status will be confirmed by screen display and by sending an email to the email account provided by the Customer. At that point, the Customer will be able to close the session, waiting for confirmation of his / her Order(s).
6.2. Once the Seller has confirmed the existence of the Product(s) to the relevant supplier, the Company will contact the Customer by email and / or by telephone, thereby confirming the placed Order. If the Seller confirms the Order via email, the message will possibly include a link through which the Customer will be directed to a Webpage where he / she will be able to choose the payment method. In other cases, the Customer will be able to pay the price upon delivery of the package, either in cash or by bank card.
6.3. If the Seller does not confirm the Order within 30 days from the date of receiving the Order, the Customer will be able to give up his Order via an appropriate message sent to firstname.lastname@example.org or via any means outlined in paragraph 10.2 below.
7. Payment methods
7.1. The Customer has the possibility to choose between the following payment methods:
7.1.1. payment in cash at the time of delivery of the Product;
7.1.2. payment by bank card at the time of delivery of the Product;
7.1.3. payment by bank card, at the moment of Order confirmation, through the "euplatesc" service;
7.1.4. payment by bank card, online, in equal installments without interest through EuPlatesc service.
7.2. In the case of cash payment upon delivery of the Products, payment for the Order is made when the Customer is handed over the package together with all Contract documents to the delivery address indicated by the Client in the Order. The Company reserves the right not to complete the delivery of the package if the price is not paid.
7.3. If the Customer has opted to make a payment through the "euplatesc" service, the payment is made when the Seller confirms the Order confirmation message by completing the dedicated online form and authorizing the payment. If the Customer does not make the payment, the Company reserves the right not to honor the Confirmed Order. The Customer will be able to resume the Order and, as the case may be, will be able to opt for another form of payment.
8. Products and prices
8.1. The Products marketed through the Website are new Products and at the time of delivery they are accompanied by the tax invoice, according to the legislation in force.
8.2. The information on the essential properties of the Products is on the Website. The prices of the Products are those specified on the site, in RON. All prices displayed on the Website contain VAT.
8.3. The price of each Product is the price displayed on the screen when placing the Order by the Client. The price displayed / printed on the invoice will be the same as the one on the Website when the Order is placed. The Company reserves the right to modify the prices displayed on the Website, to add new products, to create and cancel promotional offers, or to modify them. The Company agrees not to change the Order's value once it has been confirmed.
8.4. Customers outside the European Union may incur import taxes or duties. These costs are NOT included in the final purchase price. The Company only deducts the price for the Products purchased and the shipping costs from the Customer. Costs related to import taxes or taxes to non-EU customers will be invoiced directly by couriers or by an import broker chosen by the Customer. The seller advises all Customers outside the EU to contact the competent customs authorities to determine the final price before the purchase is completed.
9.1. The seller undertakes to take all due diligence in order for Products in respect of which a Contract has been concluded to be delivered within the period stipulated in the detailed information for each Product, without prejudice to the Seller's right to group more Products in a single delivery. In any case, delivery will be made no later than 30 days from the date of confirmation of the Order.
9.2. The seller does NOT ship orders during the weekend or during public holidays. All orders placed during the weekend or during Romanian public holidays will be shipped on the next working days. For information, please see the list below with the holidays:
a) January 1st and 2nd;
b) the first and second day of the Orthodox Easter;
c) May 1st;
d) the first and second day of Pentecost;
e) August 15th (St. Mary);
f) November 30 - Saint Apostle Andrew the First Called, Protector of Romania;
g) December 1st;
h) the first and the second Christmas days.
9.3. Delivery of the Order is made by courier, at the address specified by the Customer in the order placement form. The detailed terms and conditions for the delivery of the Products are provided in the "Secure Delivery" section of the Website.
9.4. If the Customer is not found at the delivery address specified in the Order, the courier will return only once, after contacting the Customer in advance at the telephone number provided when placing the Order. In the event that neither on the second delivery attempt the Customer is found at the delivery address, or if the Customer does not respond to the call, the Order will be canceled and the Contract regarding the respective Products will be deemed to have been discontinued by without any delay, the Customer being late in making the first unsuccessful delivery attempt. Without prejudice to the right to claim and obtain other damages, the Company will retain the value of the transportation costs of the amounts paid by the Customer.
9.5. The Seller reserves the right to no longer send Products to Clients on whose account two or more Orders whose delivery could not be successfully completed are registered.
10. Right of withdrawal
10.1. The Client considered Consumer has the right to notify the Seller in writing that he / she withdraws from the Contract by renouncing the purchase, without invoking a reason, within maximum 14 days of receiving the Product / Products Ordered. If the Products subject to a Contract are delivered in several packages, the 14-day period shall run from the date of delivery of the last package.
10.2. The right of withdrawal may be exercised by:
10.2.1. Completing the withdrawal form - see Appendix B and sending the completed form by post to the address Vasile Lupu str., no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iasi county or by e-mail (in scanned copy) at email@example.com (a withdrawal form is also included in the package delivered to the Client Consumer); or
10.2.2. complete the online form by going to the www.afterhills.com/en/refund-policy link;
10.2.3. sending an appropriate postal mail to Vasile Lupu str., no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iași county or by email at firstname.lastname@example.org, containing all the details provided in the withdrawal form.
10.3. In order to comply with the withdrawal deadline, it is sufficient that the communication on the exercise of the right of withdrawal be made before the expiry of the withdrawal period.
10.4. In the situations described in paragraphs 10.2.2 or 10.2.3 above, the Seller shall confirm in writing to the Customer - Consumer that he has become aware of the exercise of the right of withdrawal.
10.5. The Client - Consumer will return the Products within maximum 14 days from the date on which he notified the Seller of his decision to withdraw from the Agreement. The return is made by post, at Vasile Lupu Street, no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iași county. The costs of returning the Products will be covered by the Client - Consumer.
10.6. Products must be returned as they were delivered, in the original package and all accessories together with all the documents contained in the package. The return of the Products is made with all the necessary documents: the completed form and the invoice. The form required for returning the Products is in the delivered package. The invoice is generated by the system and is sent to the package and to the email address specified in the Order. The company will confirm the return in writing by sending a message to the email address indicated by the Client - Consumer in Order.
10.7. Returned products that are damaged, dirty or without the original labels will not be received and can be sent back to the Client - Consumer.
10.8. In the event of exercise of the right of withdrawal, the Contract will be deemed terminated. The Product Price and all costs charged to the Client - Consumer will be refunded to the Client - Consumer upon receipt of the Returned Products. However, the Seller will be able to withhold the additional costs caused by the Client - Consumer's choice of delivery other than the cheapest standard delivery type offered by the Seller.
10.9. In the absence of any other indication in the withdrawal form, reimbursement of the Contract costs will be made:
10.9.1. by crediting the bank account from which the Client - Consumer made the payment; or
10.9.2. by crediting the account indicated by the Client-Consumer in the withdrawal form; or
10.9.3. in cash at the Seller's headquarters on Vasile Lupu Street, no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iași county.
10.10. Repayment of the costs of the Contract does not result in the payment of any commission by the Client - Consumer.
10.11. If the Product is returned to a state where it can no longer be sold as a new one, the Seller reserves the right (without any obligation to do so) to request a refund for the original (if possible) cover the difference in price resulting from the sale of the Product as second-hand or, at the option of the Client - Consumer, the Seller will resell the product, at the expense of Client - Consumer.
10.12 The Seller advises Customers to provide the Product / Products returned because Client - Consumer is required to take reasonable care of the Products and to respond to any damages suffered by them until the Seller has received them. The seller also encourages the Client - Customer to use a safe and identifiable way of returning the Order received and to keep the document attesting the shipment in case a litigation occurs.
10.13. The provisions of this section do not apply to Personalized Products, those made on Customer's instructions or sealed products that can not be returned for health or hygiene reasons and which have been unsealed by the Customer.
10.14. For any question about returning the Products ordered, you can address Customer Relations Center:
10.14.1 e-mail: email@example.com or
10.14.2 to the postal address: Vasile Lupu Street, no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iași county.
10.15. Right of withdrawal on the purchase of online tickets
10.15.1 The Customer has the right to notify the Seller in writing that he wishes to return the tickets purchased online via the euplatesc.ro service, without invoking a reason, within 14 days of receipt of the order confirmation. Tickets are also understood as the event or camping tickets.
10.15.2 Moving the event to a place in the same locality is not a reason for reimbursement of the tickets.
10.15.3 The right of withdrawal can be exercised by completing the online form by accessing the www.afterhills.com/en/refund-policy link. The Customer will be confirmed in writing by the Seller that he has learned of the exercise of his right of withdrawal. In order to comply with the withdrawal deadline, it is sufficient that the communication on the exercise of the right of withdrawal be made before the expiry of the withdrawal period. Cost reimbursement is done as outlined above.
10.15.4 The return ticket option is valid only if the Customer's intention to withdraw is received by the Seller at least 14 days before the start of the event. Otherwise, the Seller is free to refuse to return the tickets, and will send a message to the Customer in this regard. Refunds are made on the entire order, not on each ticket.
10.15.5 In the event that the event is canceled or postponed due to the fault of the organizer, it assumes responsibility for returning the tickets and subscriptions in full, within 30 days of the cancellation / postponement of the event.
10.15.6 In the event of the withdrawal of one of the confirmed artists at the event, either the Promoter or the Promoter, the Organizer shall not be responsible for reimbursement of the amount of the Ticket Payment.
11. Product Replacement
11.1. The customer will be able to request the Seller to replace one or more Products delivered to him in the following situations:
11.1.1. inconsistencies between the Product(s) and the Order(s) placed;
11.1.2. the Product(s) have manufacturing defects;
11.1.3. the Product / Products have deteriorated during transport;
11.1.4. the Product / Products Size(s) does not match the Customer.
11.2. Replacement may be requested within 14 days of receipt of the Product / Products ordered. If the Products under an Order are delivered in several packages, the 14-day period shall run from the date of delivery of the last shipment.
11.3. In order to request the replacement of one or more Products, the Customer will send those Products to the Seller by post to Vasile Lupu Street, no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iași county within the 14-day period stipulated in paragraph 11.2. The package will include the replacement form (available in the package), duly completed and signed by the Customer. Shipments will be dispatched at the Customer's expense, but the Customer may request reimbursement of shipping costs if the replacement is due to an error in the delivery of the Products or due to defects in accordance with paragraphs 11.1.1 - 11.1.3. The request for reimbursement is made by filling in the appropriate boxes of the replacement form, and the Customer will attach a copy of the receipt with which he has paid the parcel delivery. The provisions of paragraph 10.9 will apply accordingly.
11.4. Receiving the Replaced Product / Products and the replacement form completed and signed will represent the placing of a new Order by the Seller. All provisions of these T & Cs regarding Order Confirmation, unavailable products, delivery or right of withdrawal will apply mutatis mutandis.
11.5. The seller will bear the cost of sending the shipment to the Customer if the replacement is due to an error in the processing of the Order or due to defects in the Products under paragraphs 11.1.1 - 11.1.3. Otherwise, the Seller will be able to ship the package with the new Products, with shipping charges being paid by the Customer upon delivery of the package.
12. Product Warranty
12.1. Products marketed on the Website are subject to warranty conditions in accordance with current legislation. The Client - Consumer benefits from the guarantee for lack of conformity, under Law no. 449/2003 on the sale of Products and associated guarantees.
12.2. To receive more information about Products, Product Accessories, or Product Warranty Period, you can address the Customer Relations Center via:
e-mail: firstname.lastname@example.org or
the postal address: Vasile Lupu Street, no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iași county.
13. Limitation of Liability
13.1. The Customer may only claim damages unless otherwise provided in these T & Cs. This exclusion of liability will also be for the benefit of legal representatives and the Company's agents if the Customer makes any claims against them.
13.2. The limitation of liability referred to above shall not apply to claims for damages to which the Customer is entitled following a personal injury that affects his or her life, physical integrity or health, as well as claims for damages following breach of essential contractual obligations. Essential contractual obligations means the obligations to be met in order to fulfill the object of the Contract, namely the delivery by the Company of the Product(s) purchased to the Customer without any defects in quality or property vices and ownership transfer of the Purchased Product(s) from Seller to Customer. Also, the limitation of the periods in which claims can be made will not apply to claims for breach of contract by the Seller or its representatives with intent or gross negligence.
13.3. The provisions of Law no. 449/2003 on the sale of Products and associated guarantees will not be affected by these T & Cs.
13.4. The Company will have no responsibility, of any kind, for:
13.4.1. Any kind of damage (directly or indirectly) resulting from the use or inability to use the information presented on www.afterhills.com;
13.4.2. Any kind of errors or omissions in the content of the Website that may cause harm.
13.5. All images on the www.afterhills.com Website are for presentation and minor differences may occur with regard to the purchased Product, for example due to changes in features or design by the suppliers. In the event that the Product price or some of its features have been wrongly placed in our databases or displayed incorrectly and the delivery has not yet been made, www.afterhills.com reserves the right to cancel the delivery of the Product in question and to notify the Customer as soon as possible about the error.
13.6. In all cases, the Company only responds within the limit of the amount received by Customer for the Relevant Products.
13.7. The Company may, without prior notice, delete, modify or add any information on www.afterhills.com, and suspend any activity on www.afterhills.com. If the Website refers to other sites, the Company does not warrant and certify in any way the type of information available on these sites. It is always the User’s decision whether or not to visit these sites and whether or not to take the information found there into account.
13.8. By browsing the Website, the User agrees that the Company does not provide any kind of guarantees regarding:
13.8.1. the fact that the purchased Products fully comply with the User's requirements. Users are required to carefully study the details of each Product they buy. When a user has any questions, the Company is at his disposal to enable him / her to make informed choices.
13.8.2. uninterrupted, secure and unintentional operation of the Website;
13.8.3. the risk of infecting users' computer systems with viruses or malware.
13.9. The availability of the Website may be interrupted by the Company or administrators at any time without prior notice and without any claim by any User.
14.1. Customers have the right to complain about Products, which must be sent to the Customer Relations Center via:
e-mail: email@example.com or
postal mail to the postal address: Vasile Lupu Street, no. 78A, room 1, lot 58, block N1, floor 11, ap. 58, Iași county.
14.2. Complaints are reviewed and resolved within 15 days of receipt of the complaint by the Company.
15. Modification of T & C
15.1. The Company reserves the right to amend these Terms and Conditions and to make any other changes. Changes made take effect on the date of publication on the Website.
16. Litigation and applicable law
16.1. Any dispute between the Company and a User / Client will be settled amicably. If this is not possible, the resolution of conflicts is a matter for the Romanian courts.
16.2. The law applicable to any Contract concluded as a result of accepting an Order placed by a Client on the Internet Site is the Romanian law.