Terms and conditions

1. Introduction

The online shop www.homplex.ro contains any kind of information (texts, pictures, databases, products, prices, logos, advertisements), which are the property of S.C. Homplex S.A.. Therefore, taking the content (in whole or in part), without the consent of the company, for purposes other than personal interest is punishable under the legislation on intellectual property rights.

In the event that a contract is concluded between the parties, it will be drawn up in Romanian and will be governed by Romanian law.

The use of the website constitutes acceptance of these conditions and binds to respect them.

By using the website, creating an account and logging in to it and accessing the services offered by Homplex you accept the detailed Terms and Conditions, with all the consequences arising from your acceptance thereof.

By accepting the Terms and Conditions, you agree to the Homplex Return Policy, the Homplex Privacy Policy, the Cookie Policy of the www.homplex.ro website, and all other documents mentioned herein. If you do not agree to the Terms and Conditions, please do not use this Website.

Information relating to your contract with Homplex will be kept in accordance with the provisions of the Privacy Policy and will only be available to third parties as required by law.

Any confirmed order involves the seller and the natural person consumer in a distance contract.

The distance contract is concluded between Homplex S.A., as seller, and a consumer – buyer, within the framework of this sales system organised by Homplex S.A., using exclusively, before and at the conclusion of this contract, the remote communication technique contained in the online shop.

The moment of the conclusion of the distance contract with the natural person, respectively, of the conclusion of the sales contract with the legal person, is the moment of the receipt of the confirmation message by the consumer regarding his order.

Errors occurring in the communication of the data necessary for processing the order placed can be reported and remedied at the e-mail address office@homplex.ro. After the order has been processed by Homplex, we do not assume any liability arising from the transmission of incorrect data by you.

For the purpose of the proper execution of the distance contract, Homplex may, with the customer’s consent, contact the customer by e-mail or telephone if the customer fills in the identification and contact data following interaction with the website. The purpose for which the customer will be contacted is to expressly request any information for the completion of the online order.

At the request and with the consent of the consumer, Homplex S.A. may recommend to the purchaser the purchase of another product of equivalent quality and price to that requested in the first order. The original order shall be deemed cancelled on the date of confirmation of the order for the product(s) replacing the original product.

For better information on e-commerce and unfair practices in this area, please consult the specific legislation posted on the ANPC website, Link: https://anpc.ro/categorie/16/legislatie.

The provisions of this distance contract are also supplemented by the provisions of Law no. 365/2002 on e-commerce and the provisions of GEO no. 34/2014 on consumer rights in contracts concluded with professionals.

Homplex accepts the conclusion of distance contracts by electronic means and thus undertakes to comply with the law applicable to the conclusion, validity and legal effects of these contracts.

Please read the Terms and Conditions carefully before using this Website and placing any order through it.

2. How to place orders

The consumer can place orders on the homplex.ro website by adding products to the shopping cart, using the contact forms or other solutions provided on the Contact page. The consumer can launch an online order either from the product listing page or from the individual product page. An order is completed by making payment in one of the ways indicated on the website or by a representative. The product is only available for purchase if it is in stock. Until the order is completed, the product is not reserved and the order is not registered.

Orders can be placed online at any time, but the order processing period is daily from 09-17.

Orders placed on Saturdays, Sundays and public holidays will be processed on the next working day.

If the customer is new, Homplex assumes acceptance of the order on behalf of the buyer when there is a confirmation by phone or e-mail.

Once the online order has been placed, the buyer agrees to the form of further communication (telephone or electronic) as well as the seller’s mode of operation.

Homplex reserves the right to cancel the order placed by the consumer in one of the following cases:

• if the payment has not been accepted by the payment processor approved by Homplex;
• the data provided by the customer is incorrect or incomplete;
• the card/transaction is not accepted by the issuing bank;
• payment made by PO (bank transfer/internet banking) has not been made within 3 working days;
• delivery by courier/homplex means of transport was not successful (e.g. the customer cannot be reached by the courier by phone and/or physically at the address indicated for the delivery of the purchased goods, etc.);
• if the price of the product is unreasonable (as defined in art. 1665 of the Civil Code)

In the event of cancellation of the order neither party involved will claim/claim damages.

According to the provisions of GEO 34/2014 the buyer has the possibility to withdraw from the distance contract within 14 days of its conclusion.

In order to optimise the online ordering service Homplex S.A. reserves the right to restrict customer access to certain online shop facilities, such as the impossibility of completing an online order if the customer has not created a user account.

Also some facilities, made available to customers in the online shop, such as delivery and payment methods, may be conditioned/restricted depending on the selected shop and other conditions related to stock and specific delivery methods.

For justified reasons, related to the damage caused to the company, Homplex S.A. may restrict the access of some customers to certain facilities made available in the online shop, such as payment and delivery methods. For more specific details on the reasons for these measures, the customers concerned may call the Call Centre number (+40) 374 49 49 49.

In the case of orders paid electronically, Homplex S.A. cannot be held responsible for any other costs incurred by the Buyer, such as transaction fees, currency conversion fees (if payment is not made in lei) applied by the bank issuing the Buyer’s card. The Buyer is solely responsible for this action. The entire responsibility lies with the Customer and any disputes will be settled between the Customer and the card-issuing bank.

3. Obligațiile asumate de Homplex

Homplex provides the buyer with professional information on its products and services free of charge in order to achieve the purpose stated in the online order. The content published in the online shop by Homplex S.A. is for information purposes only and contains information about the products sold by the company and other data which, in our opinion, may be of interest to the purchaser.

HOMPLEX S.A. is the owner of all intellectual property rights on the online shop, namely on the trademarks, design, site functionalities, images and technical specifications.

The characteristics of the products and their technical documentation presented on the website are provided by the manufacturers and suppliers and Homplex S.A. provides technical support for their display.

Homplex S.A. constantly endeavours to present the most accurate and relevant information for the products offered for sale. If prices or other product information have been incorrectly displayed, we reserve the right not to honour the order and to notify the customer of the error if delivery has not taken place.

Product images are displayed in the online shop under the title of presentation. In this context, in order to eliminate any subsequent misunderstanding between the parties, we point out that the products actually ordered may differ in some characteristics (e.g. colour shades) from the actual appearance of the product, depending on the batch in which they were manufactured.

All prices for products in the online shop are expressed in lei and include VAT. Also, the price of electronic goods include the environmental tax (if applicable), displayed on the product page. Product prices will be updated to reflect the price at which they can actually be purchased by the consumer, the prices being those displayed at the time the order is placed.

Homplex S.A. cannot be held responsible for any damage caused by information published in the online shop due to errors not of its own making. We encourage discussion with a sales representative when suspected errors may exist.

Homplex S.A. reserves the right to supplement and/or change any information in the online shop without prior notice to users of the website.

Communication with the Homplex online shop is done at the time of interaction, by posting opinions on Homplex products and services, via the contact form available, via the e-mail address service@homplex.ro and/or by phone on (+40) 374 49 49 49.

Homplex S.A. reserves the right to contact the visitor of the online shop by email or telephone if, following the interaction with the website, he/she fills in the identification and contact data, expressly requesting any available information.

4. Validity of promotions:

Promotions are valid for limited periods of time specified on the product presentation page of the online shop or within the limits of available stock.

5. Intellectual property law

The content of the www.Homplex.ro website including, but not limited to, graphics, names, trademarks (such as, for example: Homplex website and company name, symbols, images, texts, multimedia files) are the property of Homplex and may not be taken and/or used without the prior written consent of the owner.

Visitors to the www.homplex.ro website may copy information from this website for personal, non-commercial use only and without deletion or modification. Modification or use of the materials on this site for purposes other than informational purposes, i.e. use as a customer, is strictly prohibited.

By accessing this website visitors agree that any names, logos, trademarks or service marks, texts, documents and media files presented on this website are the property of Homplex S.A. and may not be used by the user except for information purposes. Homplex S.A. will take legal action if intellectual property rights and copyrights are infringed.

If Homplex S.A. grants the Visitor/Customer the right to use the content of the website in a certain way, the Visitor/Customer shall only use it for the purpose for which it was defined and for a period defined in the agreement.

Any unauthorised modification of the website is prohibited.

6. Limitation of liability

By accessing the website you agree that use is at your own risk. Homplex is not responsible for any direct or indirect incident or any other loss, costs or expenses of any nature whatsoever that may occur as a result of accessing or browsing the website or through downloads of data (text, images, video or audio).

Homplex is also not responsible for any damage caused by viruses, bugs, human actions or any failure of the computer system, or any other errors, failures or communication delays in transmissions on devices.

All information and materials contained on this website are provided free of charge, without warranty of any kind. Under no circumstances shall Homplex be liable for any direct, indirect, incidental, special or consequential damages arising out of the use or inability to use this website and shall not be liable for any damages that result from errors, omissions, interruptions, errors, defects, delays in operation or transmission or any failure of performance of the website.

Upon creation and use of the customer account, the user is responsible for maintaining the confidentiality of the login data. The user will keep the confidentiality of the user and password and will use it responsibly for the management of orders and facilities provided in the customer account.

Users agree not to share or transfer passwords or any other access information to any other third party. Users assume sole responsibility for account usage and password confidentiality.

Homplex reserves the right to change the Terms and Conditions at any time without prior notice. Homplex reserves the right to change or add new rules and restrictions to the content of the website at any time without prior notice. Homplex reserves the right to modify or update any service or right to use any service at any time without prior notice.

Any changes to the Terms and Conditions will only be effective for new orders placed after such changes are posted on this website. Therefore, please check the Terms and Conditions section before each order, as changes may have occurred since your last visit.

By accessing the site, creating a user account and placing orders, the customer expressly and unequivocally accepts the Terms and Conditions of the site and the conditions under which the online ordering process is carried out, as they are presented on the site.

Homplex shall not be liable for damages resulting from the loss of the purchased Goods or from the use of the Goods after delivery, except for legal and conventional warranties granted.

Homplex reserves the right to change at any time the terms and conditions of the website and the general conditions under which the online ordering process takes place.

The customer confirms that he/she accepts these terms and conditions by ticking the “checkbox” “I agree with the terms and conditions”. The concluded distance contract is carried out under the terms and conditions valid at the date of the agreement of wills.

7. Privacy

The Buyer shall not disclose to third parties by any means whatsoever any information of a private nature received from Homplex, under penalty of being liable to pay damages.

Homplex reserves the right to use the information provided by the Buyer for the purpose of the remote performance of the contract. Furthermore, the Buyer shall not disclose any information concerning the order to any third party without the written consent of Homplex.

Homplex reserves the right, on the basis of the user’s consent, to store and use for its own interest, for the purpose of carrying out marketing activities, any information provided by the buyer via the website www.homplex.ro. It will also not provide any third party with the information received from the buyer, except for the approved partners, service providers with whom there is a contract protecting this data received from the buyer.

8. Invoicing and issuing documents accompanying the parcel

Homplex will issue an invoice for the delivered goods based on the information held and provided by the buyer. The parcel/goods will also be accompanied by the documentation sent by the supplier and required by law for the product(s) ordered, as the case may be: certificate/statement of conformity, guarantee certificate, instructions for use, etc.

The prices of the products displayed on the website www.homplex.ro include VAT, according to the legislation in force.

The customer has and assumes the obligation to provide complete and correct data, necessary to issue the invoice according to the legislation in force. In this regard, Homplex will not ask the customer, through the forms present on the site, other information of a confidential nature other than those necessary for the issuance of the invoice, delivery of products or the successful completion of the online ordering process.

Homplex will send the customer the invoice related to the order, both in electronic format, available online in the “Customer Account” and in physical format, together with the delivered products. In this way the customer has the possibility to have a record of the invoices issued.

In order to successfully complete the online ordering process, the customer is obliged to update the personal information in his/her account.

If the invoice is not available in the customer’s account, within 48 hours after receipt of the goods the customer is requested to send a notification to the e-mail address: contabilitate@homplex.ro.

9. Risks and responsibilities of the parties

Homplex is responsible for the proper packaging of the goods. The technical documentation for the products is displayed on the website.

The risk of loss of the goods is transferred to the buyer when the goods are actually delivered.

Homplex assumes responsibility for the delivery of the products ordered by the buyer.

In return, the consumer shall be liable for any reduction in the value of the products as a result of improper handling, handling carried out for purposes other than those necessary to determine the nature, quality and function of the products.

If the buyer exercises the right of withdrawal after having used the products to an extent exceeding the limit necessary to determine their nature, characteristics and functioning, the buyer is liable for any reduction in the value of the products.

The accessories attached to the product and its original packaging are an integral part of the product, and if the consumer exercises his right of withdrawal from the contract, he must return the product in its original undamaged, shrink-wrapped packaging, together with all its accessories.

Products showing signs of wear and tear will be accepted for return only after bringing them back to conformity, by this operation we mean sanitation, cosmetics, repair, replacement of any damaged parts and bringing them to a commercial form for sale as a reconditioned/reset product. The costs of the operations necessary to bring the product back to conformity will be borne by the consumer, and the final value of the product is determined by the value of the components to be replaced and the reconditioning work or as the difference between the initial value of the new product and the resale value of the used product. The amount by which the value of the product has been reduced will be communicated to the buyer upon receipt of the returned products.

10. Delivery and acceptance/non-acceptance of goods

Homplex will deliver the ordered goods with the help of courier companies or its own means of transport, as appropriate.

The consumer has the right not to accept the delivered goods if they do not comply with the technical details specified on the product page. If the goods do not conform, Homplex assumes responsibility for bringing the goods into conformity.

The ownership of the products will be transferred to the consumer after signing the transport document and making the payment (if this has not been previously made by card or bank transfer) to the courier or Homplex staff.

Also the consumer (natural person) has the right to return the products within 14 days of purchase. The period of 14 days is calculated from the date on which the customer took physical possession of the product.

Homplex will deliver the ordered goods with the help of courier companies or its own means of transport, as appropriate.

The consumer has the right not to accept the delivered goods if they do not comply with the technical details specified on the product page. If the goods do not conform, Homplex assumes responsibility for bringing the goods into conformity.

The ownership of the products will be transferred to the consumer after signing the transport document and making the payment (if this has not been previously made by card or bank transfer) to the courier or Homplex staff.

Also the consumer (natural person) has the right to return the products within 14 days of purchase. The period of 14 days is calculated from the date on which the customer took physical possession of the product.

11. Obligations of the customer in case of withdrawal:

After submitting the return form as provided above, the customer shall present himself, within 14 days from the date on which he communicated his decision to withdraw from the contract, at any Homplex point of business, for the return of the product, with the invoice and the tax receipt received at the date of purchase of the product, with the return form and the product in question.

The customer may also return the product by courier service at the following address: Strada Lunca Corbului, nr. 2, Sector 3, Bucharest

As mentioned in the section dedicated to responsibilities, the consumer is responsible for any reduction in the value of the products resulting from their handling. In case Homplex will determine that the price of the product decreases after the evaluation, only the amount resulting from the evaluation will be refunded, in order to compensate the depreciation suffered by the product.

The customer shall bear the direct costs of returning the products.

12. Homplex obligations in case of withdrawal:

After receipt of the returned product Homplex will refund all amounts it has received as payment from the customer, including, where applicable, delivery costs, without undue delay and in any case no later than 14 days from the date it was informed of the decision to withdraw from the contract. Homplex will reimburse these amounts using the same payment methods as those used by the consumer for the initial transaction, unless you agree to another method of payment.

Homplex will not reimburse the full amount received if the customer has decreased the value of the product.

However, depending on the customer’s choice, the customer has the possibility to choose another product instead of refunding the amount paid for the returned product. In case of replacement of the product by another of a higher value, the customer will pay the difference, i.e. if the value of the returned product is lower, he will receive a partial refund up to the value of the replacement product.

Homplex is not obliged to reimburse additional costs if the customer has explicitly chosen another type of delivery than the standard delivery offered.

13. Special mentions

The right of withdrawal does not apply to corporate clients.

The reimbursement of the amounts by Homplex, collected by PO, bank card or courier, is made after the reception of the products from the customer and after the effective collection by Homplex of the price of the products concerned.

The delivery of the products is made only on the territory of Romania and EU.

14. Force majeure

Force majeure exempts the party invoking it from liability.

15. Litigation

The contractual relations between the parties are subject to Romanian law. Any dispute that cannot be resolved amicably shall be submitted to the competent courts for resolution.