Terms and conditions

VERY IMPORTANT!

PRODUCTS SOLD ON WWW.AURORAMODELS.RO ARE NOT TOYS!

THE MODELS ARE INTENDED FOR ADULT COLLECTORS, HAVING AS DESTINATION THEIR EXCLUSIVE DISPLAY IN SPECIFIC PLACES INTENDED FOR THIS PURPOSE!

THE PRODUCTS ARE NOT RECOMMENDED FOR PEOPLE UNDER THE AGE OF 14!

THE MODELS WILL BE TREATED AS DECORATIVE OBJECTS, AND THEIR HANDLING WILL BE DONE WITH GREAT CARE, BECAUSE THEIR COMPONENTS ARE FRAGILE AND CAN DETERIORATE!

WE WILL NOT REPAIR THE PRODUCTS SOLD ON WWW.AURORAMODELS.RO!

THE DECISION TO RETURN THE PRODUCTS IS MADE IN WRITING (by email to the address auroramodels@yahoo.com or by letter to the address of the company Ocar SERV srl, av. V. Niculescu Street, Margineni, 607315, Bacau County) WITHIN A MAXIMUM OF 14 DAYS FROM RECEIVING THE PRODUCTS, ACCORDING TO GEO34/2014!

THE RETUNING OF THE PRODUCTS CAN BE DONE ONLY IF THEY ARE ACCOMPANIED BY THE SALES INVOICE/FISCAL RECEIPT WITHIN A MAXIMUM OF 14 DAYS FROM THE RECEIPT OF THE PRODUCTS, ACCORDING TO GEO34/2014 AND ONLY AFTER COMMUNICATING THE AGREEMENT IN WRITING!

FOR PERSONS WHO HAVE PREVIOUSLY REFUSED TO RECEIVE A PACKAGE, ONLY PAYMENT BY BANK TRANSFER OR CASH/CARD PAYMENT AT THE COMPANY’S HEADQUARTERS IS ACCEPTED. CASH ON DELIVERY IS NOT ACCEPTED!

ONLY WRITTEN COMMUNICATION IS ACCEPTED (please send your observations, complaints, etc on auroramodels@yahoo.com.ro or to the company’s address (OCAR SERV SRL, AV. V. NICULESCU Street, Margineni, 607315, Bacau County).

General commercial conditions of Ocar Serv Srl

Valid from 01.05.2022

  1. INTRODUCTION

This document contains the general terms and conditions by which the company OCAR SERV SRL (hereinafter referred to as OCAR SERV) with its registered office at Number 19, Av. V Niculescu Street, Margineni Commune, Bacau County, unique tax registration code RO35434363, registered with the Trade Register under number J4/62/2016, agrees to sell its products to individual customers over the age of 16 or to any legal entities (hereinafter referred to as CLIENT or CLIENTS).

The sales of the products by OCAR SERV are governed exclusively by these “General Commercial Conditions”, any other document such as notes, catalogues, technical data sheets, etc. provided by OCAR SERV being offered only for information purposes.

Unless other conditions are established between OCAR SERV and CLIENT, any order placed to OCAR SERV implies full acceptance from the CLIENT of the general commercial conditions mentioned in this document.

The general commercial conditions of OCAR SERV will prevail over other commercial conditions of the CLIENTS.

OCAR SRV reserves the right to modify this document without prior notice.

  1. DEFINITIONS AND TERMS

Client – any person over the age of 16 or any legal entity that wants to purchase/purchases a product from Ocar Serv.

Personal data – OCAR SERV collects and processes the Personal Data of the Clients for the purpose of fulfilling the contractual relationship (sale of products, provision of services, etc.), but only if the subject person has expressly given his/her consent, by agreeing to provide the email address for receiving information, by completing the OCAR SERV document accepting the provision of personal data, etc.

Force majeure – an event beyond the will of the parties, which is not due to their mistake or fault, which could not be foreseen at the time of the conclusion of the contract and which makes it impossible to execute and, respectively, fulfil the contract; Force majeure includes events such as: wars, revolutions, fires, floods or any other natural disasters, restrictions arising as a result of a quarantine, embargo, the enumeration not being exhaustive, but enunciating. It is not considered force majeure an event like the ones mentioned above which, without creating an impossibility of execution, makes it extremely costly to perform the obligations of one of the parties.

Product – all products that are marketed by OCAR SERV.

Day – calendar day; year – 365 days;

  1. TRADEMARKS AND PROPRIETARY SITES

The following registered trademarks are owned by OCAR SERV: AuroraModels.

OCAR SERV owns the following website: www.auroramodels.ro.

  1. OFFERS and ORDERS

4.1 The characteristics of each product sold by OCAR SERV are those specified by the Suppliers and are valid on the date of making the offer to the CLIENT. Suppliers’ and/or OCAR SERV’s catalogues, data sheets, websites, etc. include information for informational purposes only! The characteristics of the products may change due to their evolution over time, while the production of some products may cease, the recommendation of OCAR SERV being to request each time an updated offer before ordering a product. OCAR SERV is not responsible for any printing/display mistakes.

4.2 The availability of the products offered by OCAR SERV is valid only at the time of sending the offer and there may be changes any time until the moment of receiving the order. The delivery term for the products that are not in OCAR SERV stock at the date of receipt of the order, mentioned in the offer and/or the order confirmation, is given as an estimate based on the information received from the Supplier. This term may be modified, without attracting the liability of OCAR SERV in any way.

4.3 The general validity of an offer is 30 days from the date of its issue, unless otherwise mentioned in the offer. After the expiry of the validity period, OCAR SERV has the right to refuse the order or to change the previously offered prices and/or commercial conditions. The offers submitted by OCAR SERV are valid only for the mentioned quantities!

4.4 The responsibility for choosing a product lies entirely with the CLIENT.

4.5 Orders must be sent in writing (email, fax, letter, etc.) or through the order forms issued by the site owned by OCAR SERV. They must include the identification data of the products (code, description), the ordered quantity, the unit price, the identification data of the CUSTOMER, the reference number of the offer. If the order issued by the CLIENT includes fewer products and/or the ordered quantity is smaller than the one offered, a new offer for the types of products/quantity in the order will be sent to the CLIENT. Orders become final only after their confirmation by OCAR SERV.

4.6 The CLIENT has the responsibility to inform OCAR SERV in writing, at the time of making the order, if the identification data have changed since the last order, otherwise the data previously existing in the Ocar Serv database will be used for billing.

4.7 Orders for products that are not in OCAR SERV stock are not processed.

  1. PRICES and PAYMENTS

5.1 The prices of the products are fixed by OCAR SERV in the submitted offer and they will remain the same throughout the period of validity of the offer, according to art. 4.3.

5.2 For the prices offered in another currency, the invoicing will be made in LEI at the rate communicated by the National Bank of Romania on the day of invoicing.

5.3 Unless otherwise mentioned in the offer, the prices are valid under the ExWorks delivery condition (at the exit of the OCAR SERV Company building). Transport, cargo insurance and other import/export taxes, etc. are the responsibility of the CLIENT, except for the cases in which other contractual conditions have been established!

5.4 Payment of the ordered products is made before delivery, except for the cases in which other payment conditions have been established.

5.5 If the ordered products are not in the stock of OCAR SERV, the CLIENT will be required to pay an advance between 30% and 100% of the total value of the ordered products, depending on their value, and the rest up to 100% will be paid before their actual delivery to the CUSTOMER. If the CLIENT does not pay the rest of the payment up to 100% of the value of the ordered products within a maximum of 30 days from the sending of the invoice (proformas), the value paid in advance will be withheld as damage.

5.6 Payment can be made in cash at the OCAR SERV headquarters, within the legal limit; reimbursement; by bank card or on the OCAR SERV’s website that allows online payment by card; by bank transfer (PO) or by a bank payment instrument (check or Promissory Note) confirmed by the issuing bank. All bank charges are the responsibility of the CLIENT!

5.7 The standard penalties, if the payment of the products was not made on time, are 0.2% per day of the total payment value, except for the cases in which other conditions have been established.

5.8 If a certain payment deadline has been established and it has been exceeded, in addition to requesting the payment of penalties due, Ocar Serv will no longer accept for future orders the payment on time. Payment will only be made 100% in advance.

  1. DELIVERY and RETURN OF PRODUCTS

6.1 The packages are generally sent on a working day (if the products are in stock) from the receipt of the money in the account or if the delivery is made with reimbursement payment, and are sent through FAN Courier in standard regime, with the possibility of tracking the delivery. If you prefer delivery by another courier and/or if you want other shipping conditions (eg Saturday delivery, parcel opening delivery, same day delivery, delivery up to a certain time, etc.) an additional cost will apply. To find out what the cost is, please contact us directly. Delivery by post is not accepted!

6.2 The cost of delivery includes the cost of processing and packaging, as well as the cost of shipping. The cost of processing is fixed, while the cost of transport may vary depending on the total weight and/or dimensions of the package and/or the destination locality and/or other taxes imposed by the carrier. We suggest that you group all your items in one order. We cannot group separate orders placed separately, so each order will be subject to delivery costs. The risks related to delivery are your responsibility, but we take special measures to protect fragile items. The boxes are generously sized and your items are well protected.

6.3 The shipping of the products costs 22 Lei only if the products are deliverable in the localities where Fan Courier has centres or are located on the main roads, provided that the shipped package has dimensions below 40x40x40cm (or volumetric equivalent of 0.064mc) or the weight of 1 Kg. For the parcels that are over 0.064mc or the weight is over 1Kg, the shipping cost is 22 Lei plus 1 leu for each additional fraction of 0.064mc or additional Kg.

6.4 The fees for shipments in Romania will include, as a distinct component, an additional tax applicable exclusively to transports with delivery in remote or hard-to-reach areas, in relation to the standard Fan Courier routes. The fee, applicable only on delivery, depending on the postal code at the destination, will have the value of 0.80 lei/additional km from the nearest branch of FAN and up to the locality of destination, in one direction.

Fan Courier routes connect the major cities in Romania and the localities located on the main national roads, so that in their case no additional fee is applied.

The list of localities, postal codes and its related areas can be consulted on the company’s website or by calling Fan Courier directly.

6.5 The general condition of delivery of the products is ExWorks (at the exit of the company building), the insurance of the goods being the responsibility of the CLIENT, including when the shipping is FREE of charge, except for the cases in which other conditions have been established.

6.6 Complaints can be made within 3 days from the invoice date, and any subsequent complaint will not be taken into account!

6.7 The CLIENT has the right, within a maximum of 14 days from the receipt of the ordered products, to notify in writing of his decision to renounce the ordered products, except for those which cannot be accepted at the return. Only notifications received directly on the site, by email, fax or letter will be taken into account. The dispatched products for which no prior notification has been sent will be returned at the CLIENT’s expense. Please use the same courier when returning!

6.8 The returned products must be in the same condition as when they were received, in the original packaging of the manufacturer, with all labels intact, all accessories included and accompanied by a copy of the invoice and proof of payment. The returned products will be evaluated upon receipt and if there are any defects (other than those reported in writing after the receipt of the product by the customer), missing parts, physical changes, unauthorized interventions, dents, chippings, scratches, shocks, traces of excessive use and/or unauthorized interventions, etc. the CLIENT will be informed about the cost necessary to bring the product to the state in which it was delivered (if it can be brought to its original state), which will be deducted from the value to be reimbursed!

The value of the products sold through e-commerce platforms will decrease by 25 Lei/parcel, representing handling expenses, to which the cost of shipping mentioned on the invoice is added.

For the products accepted at the return, our company has the obligation to return to the CUSTOMERS (natural persons), within 14 days from the receipt and acceptance of the return, the value of the products ordered. The CLIENT will bear directly the cost of the transport for the return! The money is returned only into a bank account. If the product cannot be brought to its original state (example: models), it is not acceptable to return the product! The models, or any product in this category, cannot be repaired/reconditioned, including the packaging in which it was delivered by the manufacturer!

The following products cannot be returned:

– Products ordered by any method and picked up directly from the headquarters (before picking up the products, a check of the operation/integrity of the products will be made).

– Products purchased by legal entities (companies, Registered Sole Traders, foundations, non-profit companies)

– Products brought by special order.

– Products that have the manufacturer’s packaging missing or damaged.

– Software products or any product delivered electronically, including those with license or activated configuration;

– Products whose consumables have been unsealed;

– Products that are configurable and have already been configured, given that the product cannot be brought to its original state.

– Products that have been mounted and/or used, and cannot be brought to their original state.

– Consumables

– Products that have defects, other than those reported in writing, within maximum 3 days from the receipt of the products by courier.

– Products that are not accompanied by a copy of the invoice.

6.9 The amount of money reimbursed after the return will be the one paid by the client from which the cost of the transport will be deducted. If the customer has benefited from free delivery for the returned products, the shipping cost will be deducted from the refunded amount!

6.10 The products that were delivered sealed can be returned, but 10% of the value of the sealed product will be retained, given that the product cannot be brought to its original state.

6.11 For orders paid by credit card, the amount will be returned into the bank account, within 14 days from their receipt and acceptance at return.

6.12 THE TRANSFER OF OWNERSHIP of the products is made only after their full payment.

6.13 OCAR SERV SRL may refuse to cooperate with consumers who have had an attempted fraud or have defrauded the company OCAR SERV SRL, with those who have abused the right to renounce the purchase, have used inappropriate language, have harmed the company and/or have not honoured the financial obligations for a period longer than 30 days from the deadline stipulated in the agreement between the parties. Their notification will be made prior to the imposition of restrictions on the sale of products or services.

  1. WARRANTIES.

7.1 The products sold by OCAR SERV, except for the products sold under the SH (Second Hand – used) condition, benefit from warranty conditions according to the legislation in force. The products sold are new (except for the SH ones) and are delivered in the original packaging coming from the Suppliers.

7.2 For most products, the warranty certificates are issued by OCAR SERV, but there are exceptions in which the warranty is provided directly by the Supplier and not by OCAR SERV.

7.3 The repair of the products during the warranty period is free of charge. The cost of transport to/from the accredited service unit is the responsibility of the CLIENT.

  1. PRIVACY. GENERAL DATA PROTECTION REGULATION (DGPR). INTELLECTUAL PROPERTY.

8.1 OCAR SERV requests the following data from individual customers: name, billing address, delivery address, Personal Identification Number/Identity Card (if expressly requested by a legal provision), email address, telephone number, only for the purpose of fulfilling contractual duties. We reserve the right to cancel orders that contain incomplete or wrong data! OCAR SERV undertakes it to respect the confidentiality and security of personal data, not to process or provide information to third parties without the written consent of the persons concerned, unless there is a legal obligation to report to various public authorities, to comply with and apply the provisions of EU Regulation no. 2016/679 (GDPR). Any change to these privacy rules will be displayed at the OCAR SERV headquarters and on the site owned by OCAR SERV on which personal data is collected at least 10 days before their implementation.

8.2 OCAR SERV will use email addresses to respond to requests received from Customers, to send communications about news, special offers and events to be organized (newsletter information) only to persons who have confirmed their agreement to receive this information.

8.3 According to the applicable legal provisions, individual clients benefit from the right of access, the right to rectification, the right to delete data, the right to restrict processing, the right to data portability, the right to object and the automated individual decision-making process.

8.4 OCAR SERV permanently updates the security of its proprietary site and the means of communication, but does not guarantee that they may not have viruses or other harmful components at any given time.

8.5 The information of any kind provided by OCAR SERV is based on the data received from the Suppliers, therefore OCAR SERV does not assume responsibility and cannot be blamed for the damages occurred by using the information or products purchased through the site owned by OCAR SERV or directly. The images of the products published by OCAR SERV in any environment are for informational purposes only and there is a possibility that the final product will be different!

8.6 The content of communications of any kind (email messages, price offers, contracts, etc.) between the CLIENT and OCAR SERV includes confidential and legally protected information, property of OCAR SERV. Disclosure, copying, distribution of the information contained in, or initiating any action based on them is strictly prohibited without the written consent of OCAR SERV and will attract legal liability.

8.7 The property rights for the products/trademarks registered by the Suppliers belong to them, including (but not limited to) logos, sketches, symbols, images, texts, films, etc. according to the legislation in force.

  1. DISPUTES

9.1 The CLIENT and OCAR SERV will make every effort to amicably resolve, through direct negotiations, any misunderstanding or dispute that may arise between them regarding the product/products ordered by the CLIENT. If, after 15 days from the beginning of these negotiations, OCAR SERV and the CLIENT fail to amicably resolve the divergences related to the ordering/purchase/delivery of one or more products, each may request that the dispute be settled by the courts in whose territorial district the OCAR SERV headquarters are located.

9.2 Applicable laws: according to the Romanian legislation.

9.3 The language that governs the communication between the CLIENT and OCAR SERV is Romanian. Any communication between the CLIENT and OCAR SERV will be made in writing. By way of exception, communications may also be made by phone, fax or email, provided that their receiving is confirmed in writing.

  1. FORCE MAJEURE

10.1 The force majeure is ascertained by a competent authority.

10.2 The fulfilment of the obligations by OCAR SERV may be suspended during the period of action of the force majeure, but without prejudice to the rights due to the parties until its occurrence.

  1. FINAL PROVISIONS

11.1 If any of the above clauses will be found null or invalid, regardless of the cause, this clause will not affect the validity of the other clauses. Once an order is made, the customer accepts without objections the conditions and terms of use in this document, their value being the same as a concluded valid contract.