Terms and conditions

Terms and conditions

Seller:
Rock Star Construct SRL

J40/20648/2007

VAT RO22680005

Address: 137A Aleea Teisani, District 1, Romania

Phone: +40318.231.035

E-mail: info@diamondprotect.ro
 

1. General terms

The general terms and conditions set out herein apply to all orders and purchases from ROCK STAR CONSTRUCT S.R.L. (hereinafter “Seller” or “Rock Star”), on the online shop/website www.diamondprotect.ro/en by the Seller, to any individual or legal person (hereinafter “Buyer”) of goods available on Seller’s website and also the associated services provided by Seller (for example, delivery services). The merchandise available on the website are herein referred to as “merchandise” or “goods”.

By agreeing with the contract for online sale (checking the box with “I have read and understood www.diamondprotect.ro/en Terms and conditions” before the order/payment), Buyer agrees to accept the current Terms and Conditions detailed below.

2. Description of merchandise / goods

All descriptions, specifications, ads or images (both printed and from Seller’s website as well) have instructive purpose, enough to offer an approximate depiction of merchandise. 

3. Prices

All prices include VAT.

Prices of merchandise include the delivery cost for any delivery in Romania. 

The Seller reserves its right to modify the prices displayed on the website, with no responsibility of any previous notice whatsoever. Nevertheless, the Seller will not modify under any circumstances the prices for an active order, which was already charged from Buyer’s account.

1. Payment

Orders are paid directly on www.diamondprotect.ro/en, with secure pay provided by MobilPay or cash on delivery. 

2. Availability of merchandise/goods

Stock merchandise will exit the warehouse prior to delivery in maximum 2 working days, excluding the delivery day. 

Delivery time depends on courier’s availability, the Seller could not be liable for any delay occurred from the moment of picking up the merchandise by the courier and the actual delivery time to the customer.  

For any stock problems and regardless of its reason, the goods will not be available for online order. However, the Buyer has the option of adding the unlisted products into “FAVORITE/WISHLIST”, which results in notification by the Seller as soon as item(s) are available.

The Seller cannot be liable, nor responsible for any damage or compensations to the Buyer, in the event the products are not available for delivery, at the moment of placing the order.

4. Technical stages for signing a contract

From the menu, the Buyer is able to navigate until finding the suitable product for his/her wishing and needs. Buyer can also search the products from the search bar. 

1. Choosing a product

For adding the product to your basket, press “Add to basket”.

After adding an item, you will be directed to “My basket”, where you are able to update the quantities or delete items from your basket. From there, you can finish the order or go back to continue your shopping. 

2. Launching an order

For already existing accounts, Buyer can login in with username and password and update the info delivery and invoice from the account. 

Buyers can register for a new account by filling the necessary fields or check “launch the order without registering” box – fast order, without the need to create an account. 

3. Invoicing

In the next stage, you fill out Invoice Data and delivery. You can place an order as Individual, Legal Person or Association, by filling out the corresponding fields.

4. Choosing a delivery method

Products are delivered exclusively by courier service.

5. Choosing payment method

Seller offers the following payment method. 

• Cash on delivery 
• Online with MobilPay payment link. 

Seller will issue an invoice, based on the info provided by the Buyer.

6. Placing an order

After selecting the delivery method, payment and checking the box with “I agree with all clauses and the use of remote communication methods”, Buyer will access “Place Order” for processing.

Upon placing an order, Buyer receives a confirmation email from the seller, with info on order placement and processing and then Seller proceeds with the shipment. 

When placing an order, Buyer agrees with communication (phone or e-mail) and Seller’s procedures. An order confirmed by the Seller involves a remote contract between the Buyer and the Seller. 

The moment of closing the remote contract with the buyer, individual or respectively legal person, is considered the moment of receiving the order confirmation from the Seller.

5. Working hours. Delivery

Orders can be placed online 24 / 7, yet processing orders takes place from Monday to Friday, between 09:00 and 18:00 hours. Although you can order on Saturday, Sunday and legal holidays, keep in mind that processing those orders will take place on the next working day. 

Working hours is 09:00 to 18:00, from Monday to Friday. 

1. Delivery time

If possible, the ordered merchandise is shipped to the delivery address in maximum 2 business days, (except day of the order). Delivery time depends on the delivery address, weather conditions, other factors and courier availability. 

Delivery times are approximate and the Seller will not be liable for any delay, not matter what caused it.  Merchandise can be delivered before the estimated delivery time, as long as Buyer is previously noticed.

If the Seller finds impossible to ship the ordered goods, regardless of the reason, within 14 days of placing the order (stock merchandise), the Buyer has the right to cancel the order and the Seller will reimburse the Buyer all the money paid for the merchandise. The Seller cannot be responsible for any loss suffered by the Buyer, due to delayed delivery or the impossibility of delivering the merchandise, for reasons acknowledged by the Buyer.

If the Buyer or someone else designated by the Buyer is not to be found at the delivery address, thus making the delivery impossible, the return costs will be paid by the Buyer to the Seller in term of 5 days from issuing the corresponding invoice. 

If the buyer solicits a return for delivery of merchandise, it is only natural that he/she assumes the new delivery cost, paid to the Seller, before the actual delivery.

2. Schedule. Technical terms

Delivery schedule is Monday to Friday, between 09:00 and 18:00. The Buyer can request a favorite delivery date, to be mentioned by the Seller in the delivery note and submitted to the courier company. In spite of all these, fulfilling the favorite delivery date depends only on the courier service and the Seller could not be liable for failing to fulfill it.

3. Reception of merchandise

Merchandise is received upon picking it up (for personal pick-ups from our showroom) and upon delivery, at the addresses specified by the Buyer. 

Any fails to meet with the operation standards must be notified to the Seller in maximum 48 (forty-eight) hours since delivery. 

Also, for damaged merchandise throughout shipment, the Buyer is compelled to notify right away the courier representative and confirm with the courier upon delivery. Seller will not held liable for any third part guilt which may arise. 

Any other hidden vices noticed upon a careful check of the merchandise and the expiration of the 48 h time limit are to be notified immediately in written form, without exceeding a 3 months period since the delivery date though. 

6. Validity of discounts:

• for limited time periods, as specified in the product description;
• while the stock lasts.

The Seller cannot be liable for any prejudice resulted from the info published on the website due to unfortunate errors or partner websites. 

The Seller reserves its right to fill out and / or modify any information from the online shop with no prior notice to the users. 

The Seller reserves its right to get in contact with the visitor of the online shop by email or phone, for offering information, if, following the interaction with the website, will fill out the identification and contact data and has requested specifically this information.

7. Confidentiality 

The seller will not disclose to third parties, by any means, any private information received from the Seller, otherwise is subjected to damages payment for the Seller.

Seller reserves its right to use the information provided by the Buyer for closing the contract. Also, Buyer will not disclose to any third party any information regarding the order, without the Seller written agreement. 

8. Transfer of property

Property transfer on merchandise is effective since cashing the price by the Seller and the transfer of risk operates since actual delivery to the Buyer.

9. Right of withdrawal. Merchandise acceptance and return. 

The Individual Buyer is entitled to notify the Seller in writing regarding the return of the merchandise purchased on www.diamondprotect.ro/enwithout the charge of any penalty and without being forced to give reasons therefor, within fourteen (14) calendar days starting from the day of receipt by the Buyer of the Merchandise; this is only valid for Individual Buyers (not legal persons) and merchandise picked up by the Buyer from the Showroom or purchased online.

The time of merchandise delivery is the time of delivery by courier service. The time can be verified and proven by the delivery documents handed out by the courier.

The return merchandise needs to be in the identical condition of delivery (original package, sealed and having attached all the documents and accessories).

Buyer has to pay the extra cost associated with returning the products in the event of a withdrawal. The extra costs represent any costs (shipping, delivery or any other taxes) which will be paid by the Buyer in the event of exerting the Right of withdrawal.

Return of products has a time limit of 14 days since the delivery date, based on the return form you can download from here.  In order to be valid, the return form must be sent in maximum the 14^thday since the delivery date. 

Money reimbursement will be transferred to the account number specified by the Buyer in the Return Form, within 14 calendar days since the date of notifying the Seller by the Buyer regarding the withdrawal decision.

The reimbursed amount of money will deduct the expenses associated with the shipping cost for the return. If the Buyer does not want an alternative product, the money will be reimbursed in the bank account specified by the Buyer in the Return Form. 

Merchandise cannot be returned in case of:

- exceeding the period of 14 calendar days from reception;

- complying with the technical specifications specified in the order;

- merchandise being the subject of a final sale, with special discounted price for the Buyer;

- merchandise being purchased from the showroom, which although with minor flaws, was accepted by the Buyer, by taking advantage of the discounted price;

- merchandise with visible signs of impact or damage;

- merchandise with visible signs of wear;

It is mandatory to return products in the original packing (the acquisition package) with initial accessories and label, in perfect condition (no signs of usage, damage, blows) and products are undamaged and unused. Return them in the original packaging, having attached all delivery accessories, such as invoice and / or acquisition ticket.

Failing to comply with the above conditions followed by placing the product in a state that makes it unsuitable for a later sale, leads to return refusal. 

For the products picked up personally by the Buyer from our showroom, for which the buyer had the opportunity of personally checking the listed qualities and specifications, the return conditions specified in this chapter are not to be applied.

The full reimbursement of the amount paid for the merchandise will happen only for products in perfect condition. A damaged product or a product return after being used can no longer be accepted for return. If the products has been used by the Buyer and can no longer be used according to its specifications, the Seller does not need to reimburse the money paid for the merchandise.

10. Cases of emergency

Neither of parties cannot be liable to the other for failing to comply with the responsibilities arising from this Agreement, in the event that such failure was caused by cases of emergency.

In the event of an emergency, the concerned party needs to take all measurements reasonably needed for removing the consequences of the emergency situation and notify the occurrence of emergency situation to the other party within 5 days. Failing to comply with these responsibilities remove the effects of emergency upon the Agreement, the guilty party being compelled to offer explanation for failing to comply with the responsibilities.

If the effects of an emergency extend for more than 90 days, either party has the option of unilateral termination of the Contract, with no penalty to either party. 

11. Litigation. Applicable laws

Any disputes arising between Buyer and Seller will be settled amicably. If this is not possible, the settlement will return to the competent courts in Bucharest, Romania.

Legal regulations on answering any claims:

1. If you have issues regarding an order that does not seem to be resolved through e-mail or discussion with the person, please send an email to info@diamondprotect.roand we will reply within maximum 48 hours (except weekends and legal holidays)

2. Products return form - click here

3. Online Dispute Resolution:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

12. Guarantee compliance

For products sold by Seller to Buyer as individual, a legal compliance of 2 year guarantee is granted according to GEO 34/2014. All products are under guarantee according to Law 449/2003. Conditions of granting the guarantee are specific for each case, for individuals, and for legal persons. In this respect, the guarantee will be granted differently, under specific legislation regarding guarantees of products, respectively under the Civil Code.

To qualify for the warranty, Buyer should have the original receipt and the original invoice with him/her.

Buyer experiencing difficulties or interested in filling a complaint or referral is asked to fill out complaint forms or call Support Service Buyers at phone number +40318.231.035 or by email to info@diamondprotect.roin order to resolve the situation.

13. Personal Data Protection Notice

Personal data refers to any information regarding any identified or identifiable individual, such as name, address, bank details, location data, online ID etc.

When registering on our website we collect personal Data. Your personal data is processed by a brand registered in the personal data processing association ANSPDCP (National Data Protection in Romania) with the number: 3077. We feel that it is important to let you know of how we are going to use your personal data shared with us.

We are going to process your personal data for the following:

1. Contract implementation

The main purpose of the collecting and processing the personal data provided by you on our website is for helping us to improve our services and provide you with the requested products. At the same time, your Express agreement (e.g. by checking the appropriate box within the agreement), we will also inform you of additional products or services that might be of interest to you for marketing purposes.

In addition, we automatically track information about you by using our own applications or those belonging to service providers. This information relates to details about the device and browser used, your IP address, and the way you interact with our website. The purpose of collecting these data is to improve the site functionality (e.g. authentication, user preferences and implementation of the "shopping cart" system). For more details, visit our Cookies Policy (link here).

2. Marketing

We collect personal data by different specific methods and tools such as: the newsletter management application in the online store and by checking the newsletter subscription option in the shopping cart.

The option to subscribe to the Diamond Protect newsletter involves also the users’ acceptance for storing and processing their personal data by our website.

Users can unsubscribe from receiving our newsletter when they no longer want their personal data to be processed by checking the "unsubscribe" option.

1. What type of personal data do we collect?

The personal data collected from you includes: surname, name, home address, e-mail and telephone number. 

2. What is the purpose of collecting all these personal data?

The purposes of processing these data include: information on the order launched by the Buyer on www.diamondprotect.ro/en website, information about the Seller's products and promotions or any other promotions or activities carried out by the seller, conducting statistical reports, marketing activities/submitting newsletters to Seller’s database from which you can unsubscribe at any time.

[We need your Express agreement for conducting marketing activities/submitting newsletters from Seller’s database.]

3. Invoice
    
4. What type of personal data do we collect?

The personal data collected from you includes: surname, name, home address, e-mail and telephone number, VAT number, banking card details (only for online payments).

The Buyer is responsible for the data accuracy provided to the Seller for invoicing, necessary to issue the business invoice associated with your order.

2. What is the purpose of collecting all these personal data?

The purpose of data collection includes: registration for accounting purposes and issuing the business invoice.

3. What about your rights regarding data collection/processing?

According to the applicable laws regarding Personal Data Protection, you have the following rights:

- the right of have access to the processed data;

- the right to update inexact data;

- the right of portability;

- the right to request the deletion of all personal data;

- the right to request restriction of data processing;

- the right to object to the data processing;

- the right to withdraw your given consent at any time;

- the right to file a complaint with a supervisory authority if you feel that legal provisions have been violated with respect to Personal Data Protection.

In order to exert your rights you can use the “Unsubscribe” button (Direct Marketing) or you can send us your requests via e-mail at the following address: info@diamondprotect.roor directly to the Seller's premises: Bucharest, 137A Aleea Teisani, Sector 1. Also, we acknowledge your right to take this matter to justice.

4. Data retention and deletion

Your personal data is collected and processed for the entire duration of time you visit our website or using a valid user account.

As a result, we will not store your personal information more than necessary for the specific purpose for which these were collected. Also, personal data will no longer be stored in the event you delete your account. For deleting your user account, go to option "close account" from the menu. 

After deleting your account, your personal data collected will be erased within 30 days.

However, data processed for marketing purposes will be deleted 5 years after the last user interaction (such as login to your account).

5. Transfer of personal data within the group

The Seller commits that personal data are not broadcast to third parties, except for marketing services partners and other services with valid contracts agreed by the Seller, entities who commit to protect these data.

6. How do we secure your data?

The Seller is very committed to the idea of personal data safety, therefore we use suitable technologies and procedures for protecting your personal information. Our policies and procedures are reviewed periodically and updated in accordance with the latest international standards when it comes to personal data protection. For example:

- we have implemented policies and procedures for personal data protection;

- we have implemented procedures for protection against accidental loss and access / use / destruction / disclosure of personal data;

- we carry out assessments regarding the influence on confidentiality according to GDPR;

- we perform audits and enforce measures for the safety of data protection;

- our employees are trained for the protection of personal data;

- all our employees and partners have signed confidentiality agreements.

Before you provide / update / delete etc. your personal data, we will solicit a proof of your identity and adequate information about your interaction with us, so that we can identify all relevant data that concern you. We can also charge you a fee for providing a copy of your data. 

At the same time, buyers / users / visitors on the website have the right to deny the processing of their personal data and also request deletion of all data.

14. Copyright. Limitation of liability 

All content from www.diamondprotect.ro/en (which includes but is not limited to): texts, graphics, visuals, products, ideas, pictures, video, sounds are property of Rock Star Construct SRL, with the following details: VAT number: 22680005, J40/20648/2007, Bucharest, 137A Aleea Teisani, Sector 1. Rock Star cannot guarantee that website www.diamondprotect.ro/en and its contents do not contain errors or that the entire content is 100% accurate and valid. Under no circumstances, it is not permitted to retrieve content from www.diamondprotect.ro/enfor commercial purposes. In the event of certain complaints / problems / suggestions related to copyright, please email us at info@diamondprotect.roand we will get back to you with an answer within 48 hours of receiving your email.

Any error of omission, typography or formulation noticed with the user guide, offers, price list, invoice or other document or information issued by the Seller shall be corrected without any liability from the Seller.

Graphical signs, names, brands (such as: name of the website and Rock Star) are the property of Seller (Rock Star) and cannot be retrieved and / or used without the prior written consent of the Owner (Seller).

The user will not copy, distribute, retrieve, publish for commercial purposes any information included in the Rock Star website, associated with the www.diamondprotect.ro/en domain, without the prior written consent of the Site Owner (Seller).

Any unauthorized modification of the site is prohibited.

Rock Star is the owner of all intellectual property rights or copyrights on the website, namely the trademarks, design, site functionality, images and technical specifications.

The product characteristics and technical documentation associated with it, presented on the website are made available by manufacturers and suppliers and Seller provides full technical support for displaying all of these.

The Seller could not be liable for any damage, due to reasons that exclude his fault, arising from the website malfunction as well as those resulting from the impossibility of accessing the website pages (e.g. malfunctions with the Internet signal.