The website halsmob.ro is operated by halsmob.ro, headquartered in Sculia, Gătaia City, No. 92, Timiș County, Romania, registered with the Trade Registry under no. J35/1189/2018, Tax Identification Code RO39161533, Tel. +40 720 463 044, Email: office@halsmob.ro

Please read these terms and conditions carefully to ensure optimal use of the website.
By using this website, you implicitly accept the terms and conditions of use outlined below, which constitute the agreement (contract) between the parties.

As the author/owner/administrator of the website halsmob.ro, halsmob.ro reserves the right to change and update its content at any time, as well as the Privacy Policy and the Terms and Conditions of use, without prior notice. Therefore, we kindly ask you to periodically visit this section to review the terms and conditions you have agreed to comply with.

1 – PURPOSE

The general terms and conditions of sale (hereinafter referred to as GTCS) shall apply to all service sales made by halsmob.ro, through the halsmob.ro website, to the Buyer, and may only be amended with the express written consent of both parties.

In these GTC, the following terms shall mean:

Buyer: the individual, company, corporation, or other legal entity placing an Order.

Seller: the commercial company halsmob.ro, with its registered office in Sculia, Orș. Gătaia, No. 92, Timiș County, Romania.

Goods and Services: any turnkey project or service, including the documents and services specified in the Order, to be provided by the Seller to the Buyer.

Order: an electronic document that serves as a means of communication between the Seller and the Buyer, by which the Seller agrees to deliver the Services and the Buyer agrees to receive these Services, making the corresponding payment.

Intellectual Property Rights (hereinafter IPR): all intangible rights such as know-how, copyright and related rights, database rights, design rights, model rights, patents, registered trademarks, and domain name registrations related to any of the above.

Specifications: all specifications and/or service descriptions as stated in the order.

2 – CONTRACTUAL DOCUMENTS

By placing an electronic or telephone order on the website halsmob.ro, the Buyer agrees to the form of communication (telephone or e-mail) used by the Seller to carry out its operations. The order will consist of the following documents, in order of importance:

• The Order (including clear indications regarding delivery and billing details)
• The Buyer’s Specifications (where applicable)
• The General Terms and Conditions of Sale (GTC)

If the Seller confirms the order, this implies full acceptance of the Order’s terms. The order is considered accepted by the Seller when there is a verbal (telephone) or electronic (e-mail) confirmation sent to the Buyer, without the need for a receipt confirmation from the Buyer. The Seller does not consider an unconfirmed order to constitute a valid Contract at any time.

3 – VALIDITY

This Contract enters into force upon the issuance of the invoice by the Seller. Notification regarding the issuance of the invoice shall be made by phone or electronically (e-mail). The general terms and conditions of sale shall form the basis of the Contract thus concluded, and will be supplemented by the offer issued by the Seller or one of its suppliers.

4 – EXTENSION OF THE SELLER’S OBLIGATIONS

The Seller shall use their professional and technical expertise to achieve the outcome stipulated in the Order and shall deliver the Goods and Services that meet the Buyer’s requirements, needs, and specifications.

The information presented on the Seller’s websites is for informational purposes only and is documented or modified by the Seller in accordance with the datasheets or presentation websites of the Manufacturers. Additionally, due to space constraints and to maintain coherence in the structure of the information, product descriptions may be incomplete; however, the Seller makes efforts to present the most relevant information, based on details provided by the Manufacturers, so that the product can be used under the parameters for which it was purchased.

5 – ASSIGNMENT AND SUBCONTRACTING

The Seller may assign and/or subcontract a third party to perform services related to fulfilling the order, by informing the Buyer, without requiring their consent. The Seller shall always remain responsible to the Buyer for all contractual obligations.

6 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)

The Buyer understands the intellectual property rights and agrees not to disclose to any third party or make public (on the internet or in the media) any of the information received from the Seller. Additionally, the names of the websites as well as the graphic symbols are registered trademarks owned by the Seller and may not be reproduced, copied, or used without the written consent of the owner.

7 – CONFIDENTIALITY – PUBLICITY

All plans, documents, and information of any kind provided by the Buyer to the Seller, including but not limited to the order, shall remain the property of the Seller. They may be used solely for the execution of the contract. No public statement, promotion, press release, or any other form of disclosure to third parties shall be made by the Buyer regarding the order without the prior written consent of the Seller.

8 – DEADLINES AND PENALTIES

If the delivery and/or execution deadlines of the Order cannot be met, the Seller is obliged to inform the Buyer of the estimated completion date. The Buyer shall have the right to claim additional damages from the Seller, where permitted by law, in the event of total or partial failure by the Seller to fulfill the Contract in accordance with the established deadlines. If the Buyer delays the payment of services due to their own fault, beyond the due date indicated on the invoice issued by the Seller, they shall be liable to pay a penalty of 0.5% per day of the amount owed. If the Seller receives incorrect information regarding the invoicing or delivery of the products, a new fulfillment date shall be established, which shall fall within a period of 3 working days. The completion deadline, unless otherwise modified by the Seller through notification to the Buyer, is 60 days from the date the order was placed.

9 – INVOICING – PAYMENTS

The price, payment method, and payment term are specified in the Order. The Seller shall issue an invoice to the Buyer for the delivered Goods and Services, and the Buyer is obliged to provide all the necessary information for the invoice to be issued in accordance with the applicable legislation.

9.1 Once the payment has been made to the Seller, this agreement becomes a legally binding contract. In accordance with Law 365/2002, Article 9.

9.2 The prices displayed on halsmob.ro may be modified without prior notice to users. These prices do not constitute a guaranteed and unlimited offer.

9.3 The prices of the offered packages and services are accompanied by technical specifications. If the beneficiary requests other services with different technical specifications, halsmob.ro may or may not offer a price different from the one displayed on the website.

10 – RISKS AND RESPONSIBILITIES

Service Delivery

The Seller undertakes to provide the Goods and Services within the deadlines stipulated in the collaboration agreement between the parties.

11 – ACCEPTANCE

Acceptance shall take place when the Goods and Services comply with the technical specifications stated in the Order. If the Buyer finds that the delivered Products or provided Services do not meet the technical specifications, the Seller shall bring the Products and Services into compliance within a maximum period equal to the execution term of the Order, without charging the Buyer any costs related to these operations.

Furthermore, the Seller shall comply with the provisions of Law 51/2003 approving Government Ordinance no. 130/2000 regarding the legal regime of distance contracts, which grants the Buyer (only under the conditions of the aforementioned legal act) the right to unilaterally terminate the Contract within 10 days. The Buyer shall receive, within 30 days from the written unilateral termination (a document signed by the Buyer and sent electronically or by post with acknowledgment of receipt), the Contract price, subject to the return of the Goods and Services.

The Seller is entitled, if it considers the Buyer’s actions to have been in bad faith, to claim damages from the Buyer, in accordance with the law.

12 – WARRANTIES

In addition to any other warranties provided under applicable laws and detailed in the Warranty Certificate issued by the Seller or a supplier of the Seller, these warranties protect the Buyer against any non-conformity that may affect all or part of the Goods and Services, excluding normal wear and tear, for a period of 24 months from the date of the sales invoice.

13 – TRANSFER OF OWNERSHIP

Ownership of the Goods and Services will be transferred electronically at the time of payment by the Buyer to the email addresses provided by the Buyer.

14 – COMPLIANCE WITH LAWS AND STANDARDS

The Seller shall comply with all applicable laws, regulations, and ordinances in relation to the performance of its contractual obligations, including but not limited to the manufacture or delivery of the Goods and Services.

15 – LIABILITY

The Seller cannot be held liable for any type of damage 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 any damages arising from the use of the Goods and Services after their delivery.

The Seller shall be liable if its subcontractors and/or any type of partners involved in executing the Order fail to fulfill any of the contractual obligations.

16 – UNREASONABLY LOW PRICE

The Seller makes every effort to provide accurate information regarding product prices and features. However, some prices may be incorrect. In the event an order is placed with an unreasonably low price, the Seller reserves the right to cancel the Buyer’s order.

17 – BREACH – TERMINATION

If the Seller fails to fulfill its obligations, including during the warranty period, the Buyer shall notify the Seller of such non-fulfillment. An action plan will be agreed upon by the Parties within 30 days from the date of notification. The Buyer may cancel an Order by email before it has been delivered. Otherwise, the order will be subject to the return policy of the goods, as stated on the Seller’s websites.

18 – FORCE MAJEURE

Neither party shall be held liable for the failure to fulfill its contractual obligations if such failure is due to a force majeure event. Force majeure refers to an unforeseeable event beyond the control of the parties and which cannot be avoided.

19 – DATA PRIVACY

Please read the Privacy Policy regarding the processing of personal data, which is an integral part of this Document.

20 – USE OF COOKIES

See the Cookie Policy, which is part of this Document.

21 – APPLICABLE LAW – JURISDICTION

This contract is governed by Romanian law. Any disputes arising from the interpretation or execution of this contract shall be settled amicably. If no agreement is reached through such means, the matter shall be submitted to the competent courts at the Seller’s registered office.

22 – MISCELLANEOUS PROVISIONS

If one or more provisions of these GTCs (General Terms and Conditions of Sale) conflict with any applicable legal requirement, such provisions shall not be applied, and the Parties shall endeavor to agree jointly on new provisions that reflect the spirit of the original ones.
The Parties to this contract shall be considered independent contractors, and neither Party is granted the right or authority to assume or create any obligation on behalf of or against the other.
The terms and conditions of this contract supersede any prior written or verbal agreements between the mentioned Parties regarding the subject matter of this Contract and may only be modified or amended by a written agreement signed by both Parties.