GENERAL TERMS AND CONDITIONS OF SALE (TCGV)
Article 1 - PURPOSE
The general terms and conditions of sale (hereinafter TCGV) will apply to all sales of goods and services
by Bijuteria Diana, through the virtual store www.bijuteriadiana.com to the Buyer and,
may be modified only with the express written consent of both sides.
Article 2 - DEFINITIONS
In this TCGV, the following terms will mean:
Buyer: person, firm, or companies which have an another legal entity that issues an Order.
Seller: Hungarian Raul Aurelian I.I., having its registered office in Oradea, Octavian Goga street no. 9, Bihor County,
registered at the Trade Register attached to the Bihor law court under no. F05 / 2123/2011, CUI RO 29312469.
Goods and Services: any product (jewelery) or service, including the documents and services mentioned in the Order or
otherwise related to them to be provided by the Seller to the Buyer.
Order: an electronic document that intervenes as a form of communication between the Seller and the Buyer, by which
the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and make
Contract: an order confirmed by the Seller.
Intellectual property rights: all intangible rights, such as know-how, copyright and database rights, design rights, model
rights, patents, trademarks and domain name registrations .
Specifications: all specifications and / or descriptions of the Goods and Services as specified in the order.
Article 3 - CONTRACTUAL DOCUMENTS
By launching an electronic or telephone order on the previosly mentioned website, the Buyer agrees to the
form of communication (telephone or e-mail) through which the Seller carries out its operations.
The order will be composed of the following documents, in order of importance:
1. The order (together with clear indications on the delivery and invoicing data) and its specific conditions;
2. Buyer's Specifications (where applicable).
If the Seller confirms the order, this will imply a full acceptance of the terms of the Order. The acceptance of the order
by the Seller is considered completed when there is a verbal (telephone) or electronic (e-mail),
confirmation from the Seller to the Buyer, without requiring an acknowledgment of receipt from him.
The Seller does not at any time consider an unconfirmed order to have the value of a Contract.
Article 4 - VALIDITY
This Agreement enters into force upon confirmation of the Order by the Seller.
Confirmation is made by phone. The general terms and conditions of sale will be the basis of the Contract thus concluded,
in addition to these being the Warranty Certificate issued by the Seller or a supplier thereof.
Article 5 - EXTENSION OF THE SELLER'S OBLIGATIONS
5.1. The Seller will use its professional and technical knowledge to achieve the result stipulated in the Order
and will deliver the Goods and Services that meet the requirements, needs and specifications of the Buyer.
5.2. The information presented on the Seller's website is informative and may be modified by the Seller,
without prior notice. Also, for reasons related to space and consistency of information structure,
product descriptions may be incomplete but the Seller makes efforts to present the most relevant information,
so that the product can be used in the parameters for which it was purchased.
5.3. If a product has been ordered that has become unavailable in the meantime,
the Buyer will be contacted by telephone by a representative of Diana Jewelry, who will inform him of the unavailability
of the product. Our representative will try to offer you other variants for the product that product, with a similar value.
5.4. Opinions or addresses containing insults or inappropriate language will be excluded from the site or ignored.
The seller has the freedom to manage the information received, without having to provide justifications for it.
Article 6 - ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and / or subcontract a third part for services related to the fulfillment of the order,
with the information of the Buyer, without the need for his consent.
The Seller will always be liable to the Buyer for all contractual obligations.
Article 7 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Buyer understands the intellectual property right and will not disclose to a third party or make public (on the Internet or media),
any of the information received from the Seller. Also, the name of the site, as well as the graphic signs,
are registered trademarks of Diana Jewelry and may not be taken over, copied or used without the written
consent of the owner.
Article 8 - PENALTY TERMS
If the deadlines for delivery and / or start of the Order cannot be met,
the Seller is obliged to notify the Buyer of the estimated deadline for completion of the Order.
The Buyer will have the right to claim additional damages from the Seller, when permitted by law,
in case of total or partial non-fulfillment by the Seller of the execution of the Contract in accordance with
the established deadlines.
If the Seller receives erroneous information related to the invoicing or delivery of the products,
a new deadline for fulfilling the order will be established, which will be within 3 working days.
Article 9 - BILLING - PAYMENTS
The price, payment method and payment term are specified in the Order. The Seller will issue to the Buyer an invoice
for the delivered Goods and Services, the obligation of the Buyer being to provide all the information necessary to issue
the invoice in accordance with the legislation in force. The sale-purchase contract is considered concluded according to
the legal provisions in force and takes effect from the moment of issuing the fiscal invoice.
Article 10 - RISKS AND LIABILITIES
10.1. Delivery - The Seller undertakes to ship the Goods and Services in a door-to-door system to the Buyer and ensures
within 72 hours or exceptionally 120 hours from the transfer of the Order to Delivery status, status which can be
consulted in the personal account created by Buyer on the site.
In exceptional conditions (weather, road conditions, accidents, etc.), the Seller will inform the Buyer about the delay and
will provide an estimated delivery time.
10.2. Transport - Packaging - Unless otherwise agreed by the Seller and the Buyer, the Seller discharges the risks and
responsibilities associated with the Goods and Services when handing them over to the domestic courier company (FanCurier)
with which the Seller cooperates or to the Buyer's representative .
The seller will ensure the proper packaging of the Goods and Services and will ensure the transmission of the accompanying
documents. The Seller will deliver the Goods and Services on the Romanian territory.
In case of damaged goods, quantitative and / or qualitative deficiencies, they will be replaced and/or supplemented
Article 11 - ACCEPTANCE
Acceptance will be made when the Goods and Services comply with the characteristics mentioned in the Order.
If the Buyer finds that the Goods delivered or the Services provided do not comply with the specifications,
the Seller will bring the Goods and Services into conformity within a maximum time equal to the execution term of the
Order - mentioned in the product description page, without charging the Buyer any costs related to these operations.
Article 12 - GUARANTEES
The gold products will be handed over marked with the BHDI own guarantee mark and the title of the 585 ‰ or 750 ‰
gold alloy. Also, the goods will be accompanied by the invoice, the quality certificate issued by Diana Jewelry,
as well as other documents required by the legislation in force.
In addition to any other warranties provided by applicable law and detailed in the Warranty Certificate issued by
the Seller, it warrants the Buyer against any non-conformity that may affect all or part of the Goods and Services,
except for normal wear and tear.
Article 13 - TRANSFER OF PROPERTY
Ownership of the Goods and Services will be transferred upon delivery to the Buyer at the location indicated in the
Order and upon receipt of their full value (meaning delivery - signing the receipt of the transport document provided by
the courier or signing the receipt on the tax invoice in case deliveries made at the Seller's premises).
In the case of delivery by courier, it is not authorized by the Seller to allow the Buyer to open the packages before
signing the delivery, but only after signing the delivery and paying for their possible value.
The Seller cannot be held responsible for the contents of the packages shipped unless there is a document concluded by the
Buyer and the representative of the courier who made the delivery.
Article 14 - COMPLIANCE WITH LAWS AND STANDARDS
The Seller shall comply with all laws, regulations and ordinances applicable to its contractual performance,
including but not limited to: manufacture, assembly, handling, transportation, storage, packaging or delivery of Goods and
Services and applicable to health, safety, environment.
Article 15 - LIABILITY
The Seller shall not be liable for damages of any kind that the Buyer or any third party may suffer as a result of the
Seller's fulfillment 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 loss of products.
The Seller will be liable if its subcontractors and/or partners of any kind involved in the execution of the Order do not
fulfill any of the contractual obligations.
Article 16 - INFRINGEMENT - TERMINATION
If the Seller does not fulfill its obligations, the Buyer will notify the Seller of this breach.
An action plan will be validated between the Parties within 3 working days of notification. The Buyer can cancel an Order
only before it enters the production/subcontracting schedule. Otherwise, the order will be subject to the Return of
the goods, mentioned on the Seller's website.
Article 17 - FORCE MAJOR
Neither party will be liable for non-performance of its contractual obligations if such non-performance is due to
force majeure. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.
Article 18 - DECLARATION OF CONFORMITY
According to art. 5 of H.G. No. 1022/2002 on the regime of products and services that may endanger life, health,
occupational safety and environmental protection, Diana Jewelry declares on its own responsibility that it ensures and
guarantees that the products and/or services presented on this site for purchase, do not life-threatening, occupational
safety, do not have a negative impact on the environment and are in line with national and international standards
in the field.
Article 19 - APPLICABLE LAW-JURISDICTION
This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract will
be settled amicably, and if no agreement is reached in this way will be appealed to the competent courts at the premises of the Seller.
Article 20 - FINAL PROVISIONS
If one or more provisions of these TCGV conflict with any applicable legal requirement, those provisions will not be
applied and the Parties will work together to agree on new provisions that respect the spirit of the original provisions.
The parts to the contract will be considered independent contractors and neither part will be granted the right or
authority to assume or create any obligation on behalf of or to the detriment of the other.
The terms and conditions of this Agreement supersede other prior written or oral agreements between the Parties,
relating to the subject matter of this Agreement and may only be amended or changed by written agreement signed by both parts. By agreeing to these Terms and Conditions, the customer fully assumes these risks.