- Definitions and Terms
Cremolinea.com is the online commercial platform of EXPERTAROM FOOD INGREDIENT SRL, a legal entity of Romanian nationality, with its registered office in Sibiu, Șoseaua Alba Iulia, no. 150, having order number in the Trade Register 7308203.
Seller – EXPERTAROM FOOD INGREDIENT SRL
Buyer – can be any natural person who is over 14 years old (with parental consent) or legal person or any legal entity that creates an Account on the Site and places an Order or fills out a form.
Customer – can be any natural person who is over 16 years old or legal person who has or obtains access to the CONTENT, through any means of communication made available by Cremolinea.com (electronic, telephone, etc.) or based on an agreement of use existing between Cremolinea.com and it and which requires the creation and use of an Account.
User – any natural person who is over 16 years of age or legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the Terms and Conditions and Privacy Policy section [url].
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order and which contains information about the Client/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods guarantees, etc.). The user is responsible and will ensure that all the information entered when creating the Account is correct, complete and up-to-date.
My basket – section of the Account that allows the Buyer/User to add Goods or Services that he wants to purchase at the time of addition or at a later time; if the Goods or Services are not purchased at the time of addition by placing the Order, the Buyer/User will benefit from the service offered by the Seller for tracking the Goods and Services by receiving Commercial Communications from him.
Site – the online store / presentation website hosted at the web address [url] and its subdomains and additional addresses that redirect to [url].
Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer conveys to the Seller, through the Site, his 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 mentioned in the Order, which are to be provided by the Seller to the Buyer as a result of the concluded Contract.
Contract – represents the remote contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content – represents:
- all information on the Site that can be visited, viewed or otherwise accessed by using an electronic device;
- the content of any e-mail sent to the Buyers by the Seller by electronic means and/or any other means of communication available;
- any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
- information related to the Goods and/or Services and/or the rates applied by the Seller in a certain period;
- information related to the Goods and/or Services and/or the rates charged by a third party with whom the Seller has concluded partnership contracts, during a certain period;
- data related to the Seller, or other privileged data of the Seller.
Question – the form of addressing other Users/Clients/Buyers in order to obtain information about the Goods or Services from the respective page.
Answer – written information that is sent to the User/Client/Buyer who has asked a Question on the Site, on the page of a certain Good. The answer is an explanation offered by a User/Client/Buyer to another User/Client/Buyer in a discussion.
Document – these Terms and Conditions.
Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information on similar or complementary products to the ones you have purchased, information about offers or promotions, information about Goods and Services added to the “My Account/Cart” section or the ” Account/Favorites” section, as well as other commercial communications such as market research and opinion polls.
Transaction – collection or reimbursement of an amount resulting from the sale of a Good and/or Service by Cremolinea.com, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.
Specifications – all the specifications and/or descriptions of the Goods and Services as specified in their description.
- CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller carries out its commercial operations.
2.2. The notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If he changes the amount of Goods and/or Services in the Order, he will notify the Buyer at the e-mail address or phone number provided to the Seller when placing the Order and will return the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer at the moment when the acceptance of the offer to contract has reached the knowledge of the offeror.
2.5. The document and information made available by the Seller on the Site will form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or one of its suppliers for the purchased Goods.
- ONLINE SALES POLICY
3.1. Access to place an Order is allowed to any User/Buyer.
For justified reasons, Cremolinea.com reserves the right to restrict the User/Buyer’s access to place an Order and/or to some of the accepted payment methods, if it considers that based on the User’s/Buyer’s behavior or activity on the Site, his actions could harm Cremolinea.com in any way. In any of these cases, the User/Buyer can contact the Customer Relations Department of Cremolinea.com by email at [mail], to be informed about the reasons that led to the application of the aforementioned measures.
3.2. Communication with the Seller can be done through direct interaction with him or through the addresses mentioned in the “contact” section of the Site. The seller has the freedom to manage the information received without having to provide justifications for this.
3.3 In case of an unusually high volume of traffic coming from an internet network, Cremolinea.com reserves the right to ask Users/Buyers to manually enter captcha validation codes, in order to protect the information on the Site.
3.4. Cremolinea.com can publish on the Site information about Goods and/or Services and/or promotions practiced by it in a certain period of time and within the limit of available stock.
3.5. All prices related to the Goods and/or Services presented on the Site are expressed in RON (RON) and include VAT
3.6. In the case of online payments, the Seller is not/cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, in the event that the issuing currency differs from RON. The Buyer is solely responsible for this action.
3.7 All information used to describe the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.
- ASSIGNMENT AND SUBCONTRACTING
4.1. The Seller may assign and/or subcontract to a third party for Services related to the fulfillment of the Order, with the Buyer’s information, without his consent being necessary. The Seller will always be responsible to the Buyer for all contractual obligations.
- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of Cremolinea.com, its all rights obtained in this regard directly or indirectly (through usage and/or publication licenses) being reserved.
5.2. The Client/Buyer/User is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by Cremolinea.com, the inclusion of any Content outside the Site, the removal of the signs signifying Cremolinea.com’s copyright on the Content, as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of Culinarte. ro.
5.3. Any Content to which the Client/Buyer/User has and/or obtains access by any means is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between Cremolinea.com and it, and without any implicit or express guarantee from Cremolinea.com with reference to that Content.
5.4. The Client/Buyer/User may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.
5.5. If Cremolinea.com grants the Client/Buyer/User the right to use, in the form described in a separate user agreement, certain content, to which the Client/Buyer/User has or obtains access following this agreement, this right extends only to that or those contents defined in the agreement, only during the existence of this or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of Cremolinea.com for the respective Client/Buyer/User or any other third party who has/obtains access to this transferred content, by any means and who could be or is harmed in any way by this content, during or after the expiration of the user agreement.
5.6. No Content transmitted to the Client, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of Cremolinea.com and/or the employee/ to the representative of Cremolinea.com who mediated the transfer of Content, if it exists, in relation to that content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the user agreement that accompanies it, if it exists, is prohibited.
- ORDER
6.1. The Client/Buyer can place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart, and then complete the Order by making the payment through one of the methods expressly indicated. Once added to the shopping cart, a Good and/or a Service is available for purchase as long as there is stock available for it. Adding a Good/Service to the shopping cart, without completing the Order, does not result in the registration of an order, implicitly neither does the automatic reservation of the Good/Service.
6.2. By completing the Order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the Order.
6.3. By completing the Order, the Buyer agrees that the Seller can contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.4. The Seller can cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:
6.4.1. non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in the case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by Cremolinea.com, in the case of online payment;
6.4.3. the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;
6.5. The right to withdraw from the contract and return food products:
According to the legislation in force (ord. 34/2014 supplemented by law 51/2003 regarding the legal regime of distance contracts – art. 12, point a) and Directive 97/7/EC of the European Parliament and of the Council of 20.05.1997 regarding consumer protection regarding distance contracts – art 3, point (2), first paragraph) contracts for the supply of food products, drinks or other consumer goods provided at the consumer’s home, at his residence or at his place of work through established distributors cannot be denounced unilaterally . Once the products have been received, they cannot be returned .
For reasons of food safety and hygiene, EXPERTAROM FOOD INGREDIENT SRL does not accept the return of food products.
6.6. If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and will return to the Buyer’s account the equivalent value of the Good and/or Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.
6.9. The availability of a Good will be displayed on the Site as follows:
- ” in stock” – we have more than 10 pieces in Cremolinea.com stock
- ” to order” – The item is not available in the Cremolinea.com stock and for the moment we have no information about its availability. But, if you register an Order for a Good that is entitled “to order”, one of our sales consultants will check the availability of the product in the supplier’s stock and will contact you to let you know how soon it can be made and delivered.
- ” currently unavailable” – currently we cannot purchase the Good because it is not in the supplier’s stock.
- CONFIDENTIALITY
8.1. Cremolinea.com will maintain the confidentiality of any information you provide. The disclosure of the information provided will only be possible under the conditions mentioned in this Document.
8.2. No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.
8.3. By submitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use, in his own interest, this information, ideas, concepts, know-how or techniques that you have sent to us through the Site. Cremolinea.com will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide for other specifications in this regard.
- COMMERCIAL COMMUNICATIONS
9.1. The Buyer/User/Client can at any time change their option regarding the consent given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions, as follows:
- 9.1.2. by changing the Account settings in the “Newsletter Subscription / Unsubscribe” section;
9.1.3. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
9.1.4. by contacting the Seller by email at comenzi@cremolinea.com.
“Wishlist”, the Seller will send the Buyer/User Commercial Communications regarding:
- – when changing the price of the Goods or Services added in the “Wishlist” section,
- – to recommendations of Goods or Services similar to those added in the “Wishlist” section, and
- – availability of stock or Services Goods added in the “Wishlist” section.
9.3. Following the purchase of a Good or Service, the Seller may send the Buyer/User Commercial Communications regarding:
- – suggestions of Goods or Services recommended to be used together with the purchased Good or Service.
9.4. The Client/User can unsubscribe, at any time, from the Commercial Communications mentioned in point 9.3. above by accessing the unsubscribe link displayed in the commercial messages received from Cremolinea.com or by contacting Cremolinea.com in this regard.
9.5. Also, in order to improve the offer of Goods and Services and the buying experience, we may use your data to carry out market research and opinion polls. The information obtained from these market researches and opinion polls will not be used for advertising purposes, but only for those mentioned above. Your answers to market research and opinion polls will not be associated with your identity and will not be transmitted to third parties or published. You can object to the use of data for market research and opinion polling purposes at any time, by accessing the unsubscribe link displayed in the message or by contacting Cremolinea.com.
- BILLING – PAYMENT
10.1. The prices of the Goods and Services displayed on the Cremolinea.com website include VAT according to the legislation in force.
10.2. The price, payment method and payment term are specified in each Order. The Seller will issue to the Buyer a fiscal receipt/invoice for the Goods and Services delivered, the Buyer’s obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
10.3. The Seller will send the Buyer the invoice related to the Order containing Goods and/or Services sold by Cremolinea.com physically together with the parcel, in case you do not receive the invoice you can contact us by email at comenzi@cremolinea.com
10.4. For a correct communication of the invoice related to the Order, the Buyer has the obligation to update his Account data as often as necessary and to access the information and documents related to each Order, existing in the Account.
10.5 The payment card data of the User/Buyer will not be accessible to Cremolinea.com nor will they be stored by Cremolinea.com or by the payment processor integrated in the Site, but only by the institution authorizing the Transaction or another entity authorized to provide card identification data storage services, about whose identity the User/Buyer will be informed, prior to entering the data.
10.6. In certain cases, in order to maintain the security of the Transactions, when registering the Order, the Buyer will be asked to authorize the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.
10.7. For transaction security reasons, the User/Buyer is advised not to stay logged in on the Site and not to set the automatic login option on mobile devices. Disclosure of the account access password is not allowed and it is recommended to use a password with a strong security character (eg: to contain at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).
- DELIVERY OF GOODS
11.1. The delivery conditions of the Goods and Services sold by Cremolinea.com can be found in the Delivery Information section
11.2. The seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
11.3. The seller will deliver the Goods and Services on the territory of Romania and in other countries only after verifying the addresses.
- WARRANTIES
12.1. All products sold by Cremolinea.com benefit from certificates of conformity according to the legislation in force and the commercial policies of the producers.
- TRANSFER OF OWNERSHIP OF GOODS
13.1. Ownership of the Goods will be transferred upon delivery, after payment has been made by the Buyer at the location indicated in the Order (understood by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the Seller’s staff) .
- LIABILITY
14.1. The Seller cannot be responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller’s performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for their loss.
14.2. By creating and using the Account, the User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (username and password) and for managing access to the Account, and, to the extent permitted by the legislation in force, is responsible for the activity carried out through his Account.
14.3. By creating the 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 and the Privacy Policy in the latest updated version that is communicated within the Site, existing on the date of creating the Account and/or using the content and/or on the date of placing the Order.
14.4. The Seller reserves the right to periodically update and modify the Terms and Conditions of the Site to reflect any changes in the manner and conditions of operation of the Site or any changes in legal requirements. The document is opposable to Clients / Users / Buyers from the moment it is displayed on the Site. In case of any such modification, we will display the modified version of the Document on the Site, which is why we ask you to periodically check the content of this Document.
- FORCE MAJEURE
15.1. None of the parties will be liable for non-execution of its contractual obligations, if such non-execution on time and/or in an appropriate manner, in whole or in part, is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.
15.2. If, within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the contract without any of them being able to claim other damages-interests from the other.
- APPLICABLE LAW – JURISDICTION
18.1. This contract is subject to Romanian law. Any disputes arising between the Seller and Users / Buyers will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in the Municipality of Sibiu.