TERMS AND CONDITIONS OF SALE
In case of any discrepancies between this English version and the Romanian version, the Romanian version shall prevail.
These Terms and Conditions of Sale govern the contractual relationship between Tesoris (hereinafter referred to as the "Seller") and any individual or legal entity purchasing products or services from Tesoris (hereinafter referred to as the "Client"). By placing an order, the Client confirms that they have read, understood, and accepted these Terms and Conditions.
1. GENERAL PROVISIONS
1.1. These terms apply to all sales of products and services by Tesoris, whether the Client is a consumer (B2C) or a business entity (B2B).
1.2. Any derogation from these terms is only valid if explicitly agreed upon in writing by Tesoris.
1.3. Any terms and conditions imposed by the Client, even if issued after these terms, shall not be applicable unless explicitly accepted by Tesoris.
2. ORDERS AND PAYMENTS
2.1. Placing Orders
- Orders are considered firm and irrevocable once confirmed by Tesoris.
- Tesoris reserves the right to refuse orders in cases such as stock unavailability, inaccurate Client-provided information, or other justified reasons.
2.2. Payment Terms
- For consumers (B2C): Payment must be made in full before delivery unless cash on delivery is accepted.
- For business entities (B2B): Invoices must be paid within 30 days of issuance, unless otherwise specified in a written agreement.
2.3. Late Payments
- In case of late payment, Tesoris reserves the right to suspend any future deliveries or services without prior notice.
- If payment remains outstanding for more than 60 days, Tesoris may initiate legal proceedings or engage a debt collection agency, with all associated costs borne by the Client.
3. DELIVERY AND PERFORMANCE
3.1. Delivery Deadlines
- Tesoris will make all reasonable efforts to meet the estimated delivery deadlines, but such deadlines are indicative and do not constitute binding contractual obligations.
- Delays in delivery shall not constitute grounds for order cancellation or claims for damages, except when explicitly stated in a contractual clause.
3.2. Risk Transfer
- For B2C Clients: The risk of loss or damage to the products passes to the Client upon physical receipt of the goods.
- For B2B Clients: The risk transfers to the Client upon handing over the products to the carrier.
4. WARRANTIES AND LIABILITY
4.1. Warranty
- The products sold by Tesoris are covered by the manufacturer’s warranty, in accordance with applicable legal provisions.
- Any claims regarding defective products must be notified in writing within 14 days from receipt of the product.
4.2. Limitation of Liability
- Tesoris shall not be held liable for indirect losses, including but not limited to loss of profit, data loss, or any consequential damages.
- The liability of Tesoris is limited to the value of the order related to the products or services provided.
- For B2B Clients: Tesoris shall not be liable for claims made by the Client’s end customers. The Client is solely responsible for how they use or resell the products purchased from Tesoris.
5. RETURNS AND CLAIMS
5.1. Return Policy
- For B2C Clients: Clients have the right to return products in accordance with consumer protection laws, within 14 calendar days from receiving the product.
- For B2B Clients: Returns are accepted only based on a prior contractual agreement.
5.2. Claims
- Any claim must be submitted in writing, via email or registered mail, within 8 days from receiving the product or service.
6. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
6.1. Client Data
- Tesoris respects the confidentiality of Client data and will use it solely for contract execution purposes.
6.2. Intellectual Property Rights
- All materials, texts, images, and designs provided by Tesoris are protected by copyright laws and may not be used without prior written consent.
7. FORCE MAJEURE
- Tesoris shall not be held liable for the failure to fulfill contractual obligations due to force majeure events (e.g., natural disasters, conflicts, cyber-attacks, etc.).
- In such cases, execution deadlines may be extended, or the contract may be suspended without penalties.
8. GOVERNING LAW AND JURISDICTION
8.1. Governing Law
- This agreement is exclusively governed by Romanian law.
8.2. Dispute Resolution
- Any disputes shall first be attempted to be resolved amicably. If resolution is not possible, disputes shall be submitted to the competent courts in Romania.
Important Notice
This document is a translation of the Romanian Terms and Conditions. In the event of any inconsistencies, the Romanian version shall prevail.