Terms and conditions

Electrospeed – is the trading name of S.C. ELECTROSPEED SRL, a legal entity of Romanian nationality, with its registered office in Cluj-Napoca, str. București, nr. 68, ap. 12, postcode 400148, Cluj County, registered with the Trade Register under number J2006002904120, sole fiscal registration code RO18985273.

Seller – Electrospeed

Buyer – any legal person or legal entity that creates an Account on the Site and places an Order.

Client – any legal person who has or obtains access to the CONTENT by any means of communication made available by Electrospeed (electronic, by telephone and so on) that requires the creation and use of an Account.

User – any natural or legal person registered on the Site who, by completing the process of creating an Account, has agreed to the site-specific clauses in the General Terms and Conditions section.

Account – the section of the Site made up of an e-mail address and a password, which allows the Buyer to send an Order and which holds information about the Client/Buyer and the Buyer's history on the Site (Orders and so on). The User is responsible for making sure that all the information entered when the Account is created is correct, complete and up to date.

Site – the online shop hosted at the web address electrospeed.ro and its subdomains.

Order – an electronic document that acts as a form of communication between the Seller and the Buyer, through which the Buyer sends the Seller, by means of the Site, an intention to purchase Goods and Services from the Site.

Goods and Services – any product or service listed on the Site, including the products and services named in an Order, to be supplied by the Seller to the Buyer under the Contract that is concluded.

Contract – the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

Content – means:

– all the information on the Site that can be visited, viewed or otherwise reached by using an electronic device;

– the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication;

– any information communicated by any means by an employee or associate of the Seller to the Buyer, according to the contact details, whether or not stated by the Buyer;

– information about the Goods and/or Services and/or the prices charged by the Seller in a given period;

– data about the Seller, or other privileged data of the Seller.

Document – these Terms and Conditions.

Commercial Communications – any type of message sent (such as e-mail/SMS/telephone/mobile push/web push and so on) containing general and thematic information, information about products similar to or complementary to those you have bought, information about offers or promotions, information about Goods and Services added in the “Account/My basket” or “Account/Favourites” section, as well as other commercial communications such as market research and opinion polls.

Transaction – the collection or refund of an amount arising from the sale of a Good and/or Service by Electrospeed to the Buyer, through the card processor accepted by the Seller, whatever the delivery method.

Specifications – all the specifications and/or descriptions of the Goods and Services as set out in their description.

2.1.By placing an Order on the Site, the Buyer agrees to the form of communication (by telephone or e-mail) through which the Seller carries out its commercial operations.

2.2.The notification received by the Buyer after placing an Order is for information only and does not amount to acceptance of the Order. That notification is sent electronically (e-mail) or by telephone.

2.3.For justified reasons, the Seller reserves the right to change the quantity of the Goods and/or Services in an Order. If the quantity of Goods and/or Services in an Order is changed, the Seller will inform the Buyer at the e-mail address or telephone number given to the Seller when the Order was placed, and will refund the amount paid.

2.4.The Contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, by electronic mail and/or SMS, the notification that the Order has been dispatched.

2.5.The Document and the information made available by the Seller on the Site form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or by one of its suppliers for the Goods purchased.

3.1.Any User/Buyer is allowed access in order to place an Order. For justified reasons, Electrospeed reserves the right to restrict a User's/Buyer's access for placing an Order and/or to some of the accepted payment methods, where it considers that, on the basis of the User's/Buyer's conduct or activity on the Site, their actions could harm Electrospeed in any way. In any of these cases, the User/Buyer may contact the Electrospeed Customer Relations Department to be informed of the reasons that led to the measures above.

3.2.Communication with the Seller can take place directly, at the addresses given in the “contact” section of the Site. The Seller is free to handle the information received without having to give reasons for doing so.

3.3.Electrospeed may publish on the Site information about Goods and/or Services and/or promotions it runs within a given period and within the limits of available stock.

3.4.All the prices of the Goods and/or Services presented on the Site are expressed in euro (EURO) and do not include VAT.

3.5.All the information used to describe the Goods and/or Services available on the Site (static/dynamic images, multimedia presentations and so on) does not amount to a contractual obligation on the part of the Seller; it is used for presentation purposes only.

4.1.The Client/Buyer/User is not allowed to copy, distribute, publish, transfer to third parties, change and/or otherwise alter, use, link to, display or include any Content in any context other than the one originally intended by Electrospeed, to include any Content outside the Site, to remove the marks that signify Electrospeed's copyright over the Content, or to take part in the transfer, sale or distribution of materials produced by reproducing, changing or displaying the Content, other than with the express written consent of Electrospeed.

4.2.Any Content to which the Client/Buyer/User has and/or obtains access by any means falls under this Document, where the Content is not accompanied by a specific and valid usage agreement concluded between Electrospeed and that person, and without any warranty, implied or express, on the part of Electrospeed with regard to that Content.

4.3.The Client/Buyer/User may copy, transfer and/or use Content only for personal or non-commercial purposes, and only where doing so does not conflict with the provisions of this Document.

4.4.Where Electrospeed grants the Client/Buyer/User the right to use, in the form described in a separate usage agreement, certain content to which the Client/Buyer/User has or obtains access under that agreement, this right extends only to the content or contents defined in the agreement, only for as long as that content exists on the site or for the period defined in the agreement, under the conditions defined there, if any, and does not amount to a contractual undertaking by Electrospeed towards that Client/Buyer/User or any third party who has or obtains access to that transferred content, by any means, and who could be or is harmed in any way by that content, during or after the expiry of the usage agreement.

4.5.No Content sent to the Client, User or Buyer, by any means of communication (electronic, by telephone and so on) or obtained by them through access, visiting and/or viewing, amounts to a contractual obligation on the part of Electrospeed and/or of the Electrospeed employee or agent who arranged the transfer of Content, where such a person exists, in relation to that content.

4.6.Any use of the Content for purposes other than those expressly allowed by this Document, or by the usage agreement accompanying it where one exists, is forbidden.

5.1.The Client/Buyer may place Orders on the Site by adding the Goods and/or Services they want to the shopping basket, then completing the Order by paying through one of the methods expressly indicated. Once added to the basket, a Good and/or Service is available for purchase to the extent that there is stock available for it. Adding a Good/Service to the basket without completing the Order does not register an order and therefore does not automatically reserve the Good/Service.

5.2.By completing the Order, the Buyer confirms that all the data they have provided, needed for the purchase process, is correct, complete and true on the date the Order is placed.

5.3.By completing the Order, the Buyer agrees that the Seller may contact them by any means available to or accepted by the Seller, in any situation where contacting the Buyer is necessary.

5.4.The Seller may cancel an Order placed by the Buyer, after prior notice to the Buyer, without any further obligation of either party towards the other and without either party being able to claim damages from the other, if the data provided by the Client/Buyer on the Site is incomplete and/or incorrect.

5.5.The Buyer has the right to withdraw from the Contract, that is to return a Good or give up a Service, within 14 calendar days, without giving any reason and without bearing any costs other than those of delivery. Accordingly, under Government Emergency Ordinance no. 34/2014, the period for returning a Good or giving up a Service expires 14 days after: the day on which the Buyer takes physical possession of the last Good – where the Buyer orders several products in a single order that are to be delivered separately; the day on which the Buyer takes physical possession of the last Good or the last part – where a product is delivered in several lots or parts.

5.6.Where the Order has been paid for, the Seller will refund the amount within at most 14 (fourteen) days of the date on which the Buyer informed the Seller of the decision to withdraw from the Contract. The amount will be refunded as follows:

5.6.1. for Orders paid by payment order -> by bank transfer;

5.6.2. for Orders paid cash on delivery -> by refunding the value of the product to the bank account provided by the customer.

5.7.The Seller may delay the refund until it receives the Goods sold, or until it receives proof that they have been dispatched, where it has not offered to collect the Goods itself (the later of the two dates applies).

5.8.If a Good is returned in a condition in which it can no longer be sold as new (opened packaging, missing accessories, the Good is damaged), we reserve the right to charge a fee for restoring the Good to its original condition, as the case may be, or to cover the difference in price resulting from selling the product as unsealed or, at the Buyer's request, we will send the Good back, with the delivery costs borne by the Buyer.

5.9.Reduction in the value of returned Goods

5.9.1. Because, in the case of distance selling, the Buyer cannot inspect the Goods before the contract is concluded, the Buyer has the right to withdraw from the contract. For the same reason, the Buyer is allowed to test and check the Goods they have bought to the extent needed to establish the nature, characteristics and working of the Goods.

5.9.2. To establish the nature, characteristics and working of the Goods, the Buyer must handle and inspect them in the same way as they would be allowed to do in a real shop. For example: the Buyer should only try on an item of clothing, not wear it on various occasions.

5.9.3. The Buyer is responsible only for the reduction in the value of the Goods resulting from handling other than what is needed to determine the nature, qualities and working of the Goods.

5.9.4. If the Buyer exercises the right of withdrawal after having used the Goods beyond what is needed to establish their nature, characteristics and working, the Buyer is responsible for any reduction in the value of the Goods.

5.9.5. The accessories (user manuals, CDs, cables and so on) in the box of a Good, as well as its original packaging, are an integral part of the Good. Accordingly, when exercising the right of withdrawal from the contract, the Buyer must return it in its undamaged original packaging, protected with stretch wrap or packed in a cardboard box (with no labels stuck on it, no cuts, tears and so on) and together with all of its accessories.

5.9.6. Returned Goods that show signs of wear (stains, scratches, bends, cracks, dents and so on) are accepted for return only after being brought back into conformity, which involves the costs of cleaning, cosmetic work, repair, replacement of any damaged parts and restoration to a commercial condition so they can be sold as a Refurbished / Unsealed product. The final value is set according to the value of the parts that have to be replaced and the refurbishment labour, or as the difference between the initial value of the new product and the resale value of the used product.

5.9.7. Any reduction in the value of the Goods resulting from handling other than what is needed to determine the nature, qualities and working of the Goods is the Buyer's responsibility. For clarity, from the total price of the returned Good, the Seller will keep an amount representing the reduction in the value of the Good, between 5% and 50% of the initial value of the Good, as the case may be. The amount of this reduction fee will be communicated to the Buyer when the returned Goods are received.

5.10.Where a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the Seller will inform the Client/Buyer of this and will refund the value of the Good and/or Service to the Buyer's account within at most 7 (seven) days of the date on which the Seller became aware of this, or of the date on which the Buyer expressly stated an intention to terminate the Contract.

5.11.The availability of a Good is shown on the Site as follows:

“in stock” – we have more than one item in Electrospeed's stock

“on request” – the Good is not available in Electrospeed's stock and, for the moment, we have no information about its availability in the supplier's stock. However, if you place an Order for a Good marked “on request”, you will be contacted and told the date on which the Good will be available.

6.1.Electrospeed will keep confidential the information of any kind that you provide. The information provided may be disclosed only under the conditions set out in this Document.

6.2.No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.

6.3.By sending information or materials through this site, you give the Seller unrestricted and irrevocable access to them, and the right to use, reproduce, display, change, transmit and distribute those materials or that information. You also agree that the Seller may freely use, for its own purposes, the information, ideas, concepts, know-how or techniques you have sent us through the Site. Electrospeed will not be subject to obligations regarding the confidentiality of the information sent, unless the law in force provides otherwise.

7.1.The prices of the Goods and Services shown on the site www.electrospeed.ro do not include VAT, in accordance with the law in force.

7.2.The price, the method of payment and the payment term are stated in each Order. The Seller will issue the Buyer an invoice for the Goods and Services delivered, and the Buyer must provide all the information needed to issue the invoice in accordance with the law in force.

7.3.The Seller will send the Buyer the invoice for the Order containing Goods and/or Services sold by Electrospeed by electronic mail, to the e-mail address given by the Buyer in their Account.

7.4.So that the invoice for an Order is communicated correctly, the Buyer must keep the data in their Account up to date whenever necessary and must open the information and documents for each Order held in the Account.

7.5.By sending an Order, the Buyer agrees to receive invoices in electronic format by electronic mail, at the e-mail address given in their Account.

7.6.If this information is unavailable in the Account for more than 48 (forty-eight) hours, please let us know at: info@electrospeed.ro.

8.1.The conditions for delivering the Goods and Services sold by Electrospeed are set out in the Order delivery section.

8.2.The Seller will make sure the Goods are packed properly and that the accompanying documents are sent.

8.3.The Seller delivers Goods and Services only within the territory of Romania.

9.1.All the Goods sold by Electrospeed, with the exception of unsealed Goods, come with warranty conditions in accordance with the law in force and with the manufacturers' commercial policies. The Goods are new (except unsealed Goods), in their original packaging, and come from sources authorised by each manufacturer.

9.2.A missing warranty certificate for a Good must be reported within at most 48 (forty-eight) hours of receiving the Good, to info@electrospeed.ro. Any later report will not be taken into account.

9.3.For unsealed Goods, the warranty certificate is issued by Electrospeed, and the warranty may cover a period different from the warranty period of the same Good when new and sealed. The warranty period is stated in the warranty certificate for each unsealed Good. The conditions for using, handling and transporting an unsealed Good are the same as for sealed products, and it benefits from the same services unless stated otherwise on the product page.

10.1.Ownership of the Goods is transferred on delivery, after payment has been made by the Buyer, at the location given in the Order (delivery being understood as the signing of the receipt on the transport document provided by the courier).

11.1.The Seller cannot be held responsible for damage of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order, nor for damage resulting from the use of the Goods and Services after delivery, and in particular for their loss.

11.2.By creating and using an Account, the User/Buyer takes responsibility for keeping the Account details (user name and password) confidential and for managing access to the Account and, to the extent allowed by the law in force, is responsible for the activity carried out through their Account.

11.3.By creating an Account and/or using the Content and/or placing Orders, the Client/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version published on the Site, as it stands on the date the Account is created and/or the content is used and/or the Order is placed.

11.4.The Seller reserves the right to update and change the Terms and Conditions of the Site from time to time, to reflect any changes in the way the Site works and its conditions, or any changes in legal requirements. The Document is binding on Clients/Users/Buyers from the moment it is displayed on the Site. Whenever such a change is made, we will display the changed version of the Document on the Site, which is why we ask you to check the content of this Document from time to time.

12.1.Please read the Privacy Policy on the processing of personal data, which forms part of this Document.

13.1.See the Cookies Policy, which forms part of this Document.

14.1.Neither party will be liable for failing to perform its contractual obligations, if such failure to perform on time and/or properly, in whole or in part, is due to an event of force majeure. Force majeure is an unforeseeable event, outside the parties' control, that cannot be avoided.

14.2.If, within 15 (fifteen) days of the date on which it occurred, that event has not ceased, each party has the right to notify the other of the automatic termination of the contract, without either of them being able to claim damages from the other.

15.1.This contract is governed by Romanian law. Any disputes between the Seller and Users/Buyers will be settled amicably or, where that is not possible, the disputes will be settled by the competent Romanian courts in Cluj-Napoca.

16.1.Waste electrical and electronic equipment (WEEE) may contain hazardous substances that have a negative impact on the environment and on human health if it is not collected separately. In view of the provisions of Government Emergency Ordinance 195/2005 on environmental protection and Government Emergency Ordinance 5/2015 on waste electrical and electronic equipment, customers should note the following:

16.1.1. buyers must not dispose of waste electrical and electronic equipment (WEEE) as unsorted municipal waste, and must collect such WEEE separately;

16.1.2. the collection of this waste (WEEE) is carried out through the public WEEE collection service, directly by Electrospeed (in accordance with points 11.1.3 and 11.1.4) and through collection centres run by economic operators authorised to collect WEEE.

16.1.3. customers may hand in WEEE free of charge at the collection points indicated when a new product in the same category is bought; Electrospeed therefore applies a one-for-one WEEE take-back policy, in accordance with the law in force, if the equipment handed in is equivalent to and performed the same functions as the new equipment supplied; Electrospeed customers may hand in equivalent WEEE at the Electrospeed premises;

16.2.The symbol showing that electrical and electronic equipment is subject to separate collection is a crossed-out wheeled bin, as in the image below.

16.3.This icon shows that WEEE must not be mixed with household waste and that it is subject to separate collection.