General Terms and Conditions of Sale (GTCS) – Kamin Horn Online Store
Before using or obtaining any materials, information, or services through this online store, please read these Terms and Conditions carefully. These provisions are supplemented by Law 365/2002 regarding electronic commerce, republished and amended, and by GEO 34/2014 regarding consumer rights within contracts concluded with professionals.
1. Online Store Administrator Information
The website www.kaminhorn.ro is administered by SC AB GROUP CERAMICS SRL, headquartered in Comănești, Str. Crinului no. 15 (within the former CPL compound), postal code 605200, Bacău County, Romania.
Registered at the Trade Register under no. J04/184/2014
Fiscal Identification Code RO 32835182
Tel: 0743 99 55 99 or 0745 144 392
Email: vanzari@kaminhorn.ro
2. Acceptance of GTCS
The Administrator grants you access to and use of the online store, subject to your acceptance of these terms and conditions. By accessing, using, obtaining, or purchasing any product, content, data, materials, information, or services through our online store, you agree to comply with these Terms and Conditions. The Administrator reserves the right to complete or modify any information in the virtual store without prior notice to site users.
3. Intellectual Property Rights (Copyright)
The Visitor/Buyer understands the intellectual property right and shall not download/use the content of the Kamin Horn online store, images, descriptions, or graphic elements without the written consent of the administrator, as they represent the property of the administrator, being protected by copyright law and laws relating to intellectual and industrial property.
4. Conclusion and Validity of the Distance Contract
Upon placing an order on the Kamin Horn online store, the buyer accepts communication via e-mail or telephone through which the administrator conducts its activity.
This distance contract enters into force at the moment of confirmation of the order by the administrator. Confirmation is performed verbally (by phone) or electronically (e-mail). The GTCS of the Kamin Horn online store form the basis of the contract thus concluded.
The Administrator does not under any circumstances consider an unconfirmed order as having the value of a Contract.
The Buyer becomes the owner of the goods after confirmation of payment, in the case of payment by Payment Order (OP) or card, or after making the payment and signing the transport documents in the case of delivery via courier with cash on delivery.
5. Prices, Payment Methods, Invoicing
Prices are displayed on the page dedicated to each product, include VAT, and do not include delivery costs unless this aspect is expressly specified or offered as a bonus for large orders.
If the price is not displayed, you will have the possibility to ask for a quote, and an operator will communicate the price to you as soon as possible.
The price of the ordered product is the one displayed at the date the order is placed.
The price printed on the invoice is the same as the one transmitted by the operators at the moment of order confirmation.
The price of products in the Kamin Horn online store may be different from that in physical stores.
Based on the information held by Kamin Horn and that provided by the buyer, an invoice will be issued for the delivered goods. The parcel will be accompanied by the documentation required by law for the ordered product(s), as applicable: certificate/declaration of conformity, warranty certificate, instructions for use, etc.
6. Stocks
Products are available in stock. However, the administrator cannot guarantee the availability of posted products at all times. Clients are correctly informed of the availability of ordered products before delivery confirmation. Rarely, communication errors may occur in this regard.
7. Warranties
SC AB GROUP CERAMICS SRL guarantees that the delivered products are original, sealed (in the form they come from partners), and accompanied by a fiscal invoice, receipt (issued by the administrator or courier company), and, as applicable, a warranty certificate.
We declare on our own responsibility, according to the provisions of art. 5 of GD no. 1022/2002 regarding the regime of products that may endanger life and health, work safety, and environmental protection, that the delivered products do not endanger life, health, or work safety, do not produce a negative impact on the environment, and are in accordance with: EC Directives 67/549/EEC and 1999/45/EC (provided that handling, transport, and storage are respected according to Technical Sheets and Safety Data Sheets issued by the supplier). The quality of the products sold is guaranteed for the period inscribed on the packaging, provided that storage and transport prescriptions are respected.
8. Return Policy (Information concerning the exercise of the right of withdrawal)
These provisions are supplemented by Law 365/2002 regarding electronic commerce, republished and amended, and by GEO 34/2014 regarding consumer rights within contracts concluded with professionals.
According to GEO 34/2014, you have the right to withdraw from this contract without specifying reasons and without incurring penalties within 14 days. The withdrawal period expires after 14 days starting from the day you, or a third party other than the carrier and indicated by you, acquire physical possession of the products.
Withdrawal Procedure To exercise your right of withdrawal, you must inform us regarding your decision to withdraw from this contract using an unequivocal statement (e.g., a letter sent by post, fax, or e-mail).
Address: Comănești, Str. Crinului no. 15 (within the former CPL compound), postal code 605200, Bacău County, Romania.
E-mail: vanzari@kaminhorn.ro
Telephone: 0745 144 392
To respect the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal If you withdraw, we will refund any sum we have received from you, including delivery costs (except for additional costs determined by the fact that you chose a delivery method other than the cheapest standard delivery type offered by us), without undue delay and, in any case, no later than 14 days from the date we are informed of your decision to withdraw from this contract.
Additional costs represent any costs (transport, delivery, postal taxes, or of any other nature) that are to be borne by the consumer when exercising the right of withdrawal. Costs related to the courier service for returns are not refundable. Standard delivery is considered the delivery offered free of charge by the Kamin Horn fleet for orders larger than 300 RON.
We will perform this refund using the same payment method used for the initial transaction, unless you have expressly agreed to another refund method; in any case, you will not be charged fees as a result of such a refund. We may defer the refund until the date we receive the products back or until the moment you have provided proof that you have sent back the products, whichever is the earliest date.
You will have to bear the direct cost of returning the products. The consumer is responsible for the integrity of the product until it enters the possession of the store. The approximate cost is estimated at a maximum of 10 lei/kg.
You are responsible for any diminished value of the products resulting from handling other than what is necessary to determine the nature, qualities, and functioning of the products.
Exceptions regarding returns If you are thinking of returning the product, do not use it! You cannot use the products you have received before making a decision regarding the cancellation of the sale-purchase contract. The right of withdrawal exists to allow you to examine the product as you would in a store, not to offer you 14 days of free use.
Products that cannot be returned include:
Products that were the subject of a special order;
Products distinctly personalized at the consumer’s request;
Products manufactured according to consumer specifications (e.g., tinting the product in the color desired by the client);
Products showing signs of impact, damage, wear;
Products that have been unsealed and no longer have the original packaging intact, with all accessories and label intact;
Products placed by any means in a state unsuitable for resale.
For products picked up by the buyer directly from the store, since the buyer has the possibility to check the product directly, the return conditions provided in this section do not apply.
Model withdrawal form (This form is to be sent back completed only if you wish to withdraw from the contract)
To: SC AB GROUP CERAMICS SRL, locality Comănești, Str. Crinului no. 15 (within the former CPL compound), postal code 605200, Bacău County, Romania, email: vanzari@kaminhorn.ro.
I hereby inform you regarding my/our withdrawal from the contract referring to the online sale of the following products: ________________________ Ordered on: __________/ Received on: ____________ Invoice No.: __________ Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date:
9. Working Hours, Deliveries, Deadlines
An order can be placed at any time, but the processing period is from Monday to Friday in the time interval 8-16, excluding legal holidays.
The delivery term for products is 48-72 hours from the moment of delivery confirmation.
Physical deliveries are made “door to door”, via rapid courier, outside the distribution area of the Kamin Horn fleet – an outsourced service, thus independent of the administrator. Delays may occur regarding the delivery term established at the moment of order confirmation; in this case, the administrator assumes no liability on behalf of courier companies.
The Administrator assumes responsibility regarding the delivery of products ordered by the buyer. The risk of loss of the good transfers to the buyer at the moment of the actual handover of the good.
10. Buyer Obligations
To provide real, correct, and current information about their entity when requested; otherwise, there is the possibility of refusing orders.
To accept the resolution of potential problems within 30 days from the date of reporting them via an email addressed to the administrator.
To accept the ADMINISTRATOR’S TERMS AND CONDITIONS upon placing orders and to pay the value of the merchandise through the methods made available, at the moment of transmitting the order.
11. Seller Obligations
To provide users with free professional information regarding its products and services. The content published in the virtual store is indicative. Product characteristics and related technical documentation displayed on the site are made available by producers and suppliers. Product images are displayed for presentation purposes. Depending on the batch in which they were manufactured, the actual appearance of the product may differ.
To contact clients for order confirmation, by e-mail or telephone.
To deliver products within at most 30 days from delivery confirmation, if they are in stock.
To use personal data collected from clients/users in accordance with the “Privacy” section, an integral part of the TERMS AND CONDITIONS.
12. Privacy Policy
SC AB GROUP CERAMICS SRL is a personal data controller registered with the General Register of the National Supervisory Authority for Personal Data Processing under no. 32835182.
According to the requirements of Law no. 677/2001 and Law no. 506/2004, SC AB GROUP CERAMICS SRL has the obligation to administer safely and only for the specified purposes, the personal data you provide to us about yourself, a family member, or another person.
The data that will be saved in the SC AB GROUP CERAMICS SRL database are: name, surname, email address, phone number, address, and other billing data only if offered voluntarily. Refusal to provide these determines the impossibility of processing orders transmitted online to the Kamin Horn virtual store.
Purpose of data collection: order fulfillment, advertising, marketing, publicity, statistics, electronic communications.
According to Law no. 677/2001, you benefit from the right of access, of intervention upon data, the right not to be subject to an individual decision, and the right to address the courts. Furthermore, you have the right to object to the processing of personal data concerning you and to request the deletion of data. For the exercise of these rights, you can address a written, dated, and signed request online via email to the address vanzari@kaminhorn.ro.
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13. Disputes
The GENERAL TERMS AND CONDITIONS OF SALE (GTCS) are subject to Romanian legislation. In case of a dispute, if amicable resolution is not effective after registering the complaint at the company headquarters, appeal will be made to the competent court of the Cluj Napoca Tribunal. Kamin Horn is not liable for damages caused without its fault, for the non-functioning of the online store, or for those resulting from the impossibility of accessing the virtual store pages (e.g., internet network malfunctions). Force majeure exonerates the invoking party from liability.
