General terms and conditions regarding contractual relationships between consumers and ELECTRA M&E ROMANIA S.R.L.
The terms and conditions below regulate the relations between you, as a consumer and the subscriber of ELECTRA M&E ROMANIA S.R.L., a Romanian legal entity, with headquarters in ROMANIA, BUCURESTI, SECTOR 5, BD. TUDOR VLADIMIRESCU NO. 29A, AFI TECH PARK OFFICE BUILDING 1, FLOOR 2, registered in the Commercial Register next to the Bucharest Court under no. J40/2098/2008, with registration code RO18483455, as the seller, hereinafter referred to as the “Seller”.
You, as a consumer, a natural person, declaring that you are over 18 years old, hereinafter referred to as the “Buyer”, purchase the products distributed by the Seller from the Seller, in consideration of these general terms and conditions (“TCC”). Therefore, you have all the rights and obligations stipulated in the TCG and in the Contract (as this term is defined below).
In the following, the Seller and the Buyer are referred to as the “Party” and collectively the “Parties”.
These TCG are drafted with this in mind
A. the provisions of Emergency Ordinance no. 34/2014 regarding the rights of consumers in contracts concluded with professionals, as well as for the modification and completion of some normative acts (“EOG 34/2014”),
B. The Buyer’s order addressed to the Seller for the purchase of the Product/Products (term defined below),
C. the fact that as a result of the Buyer’s Order, a distance sales contract was concluded between him and the Seller according to the provisions of GEO 34/2014 and the Romanian Civil Code,
D. TCG are published by the Seller on its website ELECTRA-ME.COM/ in the section ELECTRA-ME.COM/termene-si-conditii and were accepted by the Buyer as a result of placing the Order,
E. according to the provisions of Art. 8 of (6) and al. (7) from GEO 34/2014, the Buyer confirms that he received the Contract together with the ordered Product/Products;
F. according to the provisions of Art. 8 of (9) of GEO 34/2014 the contract between the Seller and the Buyer at a distance is concluded when the Seller has accepted the Buyer’s Order, so that the TCG represents the material support in which the contractual conditions agreed by the Buyer at the time of placing the Order to the Seller are included.
The terms below will have the meaning according to the related definition, TCG do not expressly establish another definition in the Contract or, if after the conclusion of the Contract the Seller publishes another definition on its website ELECTRA-ME.COM/ in the section ELECTRA-ME.COM/termene-si-conditii.
a. Warranty Certificate – the warranty certificate delivered by the Seller in the Package, together with the Product/Products ordered by the Buyer and in which the conditions for granting the warranty and the Warranty Term are specified; As an exception, it can be offered in electronic format by e-mail or by downloading from the Seller’s website, depending on the Product. In cases where the Warranty Certificate does not accompany the Product upon delivery, the Buyer can obtain a copy of it free of charge upon simple request in electronic or material format, as is useful;
b. Package – the protective packaging in which the Product or Products are delivered by the Seller to the Buyer. For clarity, the Parcel may differ from the original packaging of the Products;
c. Order – the Buyer’s request addressed to the Seller by telephone and/or through the Seller’s website or placed by e-mail, to buy a certain Product or several Products distributed or sold by the Seller;
d. consumer – any natural person or group of natural persons constituted in associations, as defined in Art. 2 point 2 of Government Ordinance no. 21/1992 on consumer protection, republished, with subsequent amendments and additions (“OG 21/1992”); In the situation where the Buyer is a natural person, he has the quality of a consumer;
e. Contract (the) – means a contract of sale – purchase at a distance, concluded between the Seller and the Buyer within an organized distance sales system, by telephone or via the Internet, without the simultaneous physical presence of the Parties, with the exclusive use of one or more means of distance communication, up to and including the moment when the Contract is concluded, under which the Seller transfers or undertakes to transfer the ownership of some Products to the Buyer, and the latter pays or undertakes to pay their price, including any contract that has as its object both products and services; these TCG are an integral part of the Contract;
f. Contract Conclusion Date – the date on which the Seller expressly accepted and undertook to execute the Buyer’s Order;
g. date of minimum durability – date established by the manufacturer, until which a Food Product keeps its specific characteristics under appropriate storage conditions; the products for which the minimum durability date is established are not dangerous even after this date;
h. Declaration of Conformity – the declaration made by the manufacturer by which he informs, on his own responsibility, that a Product or a service complies with a normative technical document;
i. distributor – any economic operator in the marketing chain, whose activity does not influence the security characteristics of the Product. For clarity, the Seller is in principle a distributor in the relationship with you;
j. Average Duration of Use – the time interval, established in normative technical documents or declared by the Manufacturer, during which the long-term products must maintain their functional characteristics, if the conditions of transport, handling, storage and exploitation have been respected;
k. commercial guarantee – any commitment from the professional or a producer (as a guarantor) to the consumer, in addition to the legal obligations stipulated in Art. 5-14 of Law no. 449/2003 on the sale of products and their associated guarantees, republished, with subsequent amendments and additions (“Law 449/2003”), regarding the legal guarantee of conformity, to refund the price paid or to replace, repair or maintain the products in any way, if they do not correspond to the specifications or any other requirement in the warranty statement or in the relevant advertising available at the time or before the conclusion of the contract, the requirement that does not is related to compliance;
l. legal guarantee of conformity – the legal protection of the Buyer resulting from the effect of the law in relation to the lack of conformity, representing the legal obligation of the Seller towards the Buyer to, without requesting any additional costs, bring the Product into conformity, including the return of the price paid by the Buyer, the repair or replacement of the Product, if it does not correspond to the conditions stated in the declarations regarding the guarantee or in the related advertising;
m. Product – any tangible movable asset distributed and delivered by the Seller and which was ordered by the Buyer, so that the parties concluded the Contract;
n. products made according to the Buyer’s specifications – any products that are not prefabricated, made based on individual options or the customer’s decision. The seller does not distribute such products;
o. The Products are in Compliance with the Contract if one of the following conditions is met: (i) they correspond to the description made by the Seller and have the qualities described on the Seller’s website and/or mentioned in the Seller’s advertising spots and/or in the Declaration of Conformity and/or on the Product prospectus, as the case may be; (ii) correspond to any specific purpose requested by the Buyer, purpose made known to the Seller and accepted by him at the conclusion of the Contract; (iii) correspond to the purposes for which Products of the same type are normally used; (iv) being of the same type, it presents normal quality and performance parameters, which the Buyer can reasonably expect, given the nature of the Product and the public statements regarding its concrete characteristics, made by the Seller, the Producer or his representative, especially through advertising or by inscription on the Product label. It is not considered to be a lack of conformity if, at the time of concluding the Contract, or before the delivery of the Product to the Buyer, the latter knew or could not, reasonably, not have known this lack of conformity, or if the lack of conformity originates in the materials provided by the Buyer;
p. Product with Defects – The product for which the way of presentation, the foreseeable use and the date of purchase do not offer safety, causing damage to the Buyer;
Q. Durable Product – the relatively complex product, made up of parts and sub-assemblies, designed and built to be used for the average duration of use and on which repairs or maintenance activities can be carried out;
r. safe product – The product which, used under normal or foreseeable conditions, according to the manufacturer’s instructions, presents no risks or which presents minimal risks, taking into account its use; the risk is considered acceptable and compatible with a high degree of protection for the safety and health of consumers, depending on the following aspects: (i) the characteristics of the Product, of the packaging and of the assembly and maintenance instructions; (ii) the effect on other Products, together with which it can be used; (iii) the presentation of the Product, the labeling, the instructions for use and any other indications and information provided by the manufacturer; (iv) the category of consumers exposed to risk by using the Product;
s. Manufacturer – the manufacturer of the Product purchased by the Buyer and distributed by the Seller. However, the producer can be any other person, who imports a product for the purpose of sale, rent, purchase or other form of alienation within the company’s own marketing activity, being considered its producer and liable to the same extent as the producer;
t. professional – any natural or legal person, public or private, who acts in the framework of his commercial, industrial or production, craft or liberal activity in relation to contracts, as well as any person who acts for the same purpose, in his name or on his behalf;
u. repair – in case of non-compliance, it means bringing the Product into compliance with its technical specifications published on the Seller’s website and which the Buyer knew when placing the Order;
v. Warranty Term – the time limit, which runs from the date of acquisition of the Product until which the manufacturer assumes the responsibility of repairing or replacing the Product at his own expense, if the deficiencies are in no way imputable to the Buyer;
w. Validity Term – the time limit, established by the manufacturer, until which a perishable Product or a Product that may present an immediate danger to the Buyer’s health retains its specific characteristics, if the conditions of transport, handling, storage and preservation have been respected; for food products, this represents the consumption limit date;
x. Carrier – the company that provides transport services and delivers the Parcel to the Buyer
y. Seller – the subscriber, namely the distributor who offers the Product to the Buyer;
z. Hidden Defect – quality deficiency of a Product delivered to the Buyer that was not known and could not be known by the Buyer through the usual means of verification.
II. Information to the Buyer
2.1 The Buyer, by placing the Order, declares that prior to the conclusion of the Contract, considering the fact that it is concluded at a distance, he was informed by the Seller about all aspects of the contractual relationship between the Parties, as well as about the Products.
2.2 For this purpose, the Seller has published on its website ELECTRA-ME.COM/ all the information provided by the relevant legislation in the matter, and the Buyer also declares that he has taken note of this information. Therefore, the Buyer declares that the information was provided by the Seller in a clear and understandable way, the Buyer also declaring that he knows, understands and assumes:
2.2.1 the main characteristics of the Products;
2.2.2 the identity of the Seller and his contact methods;
2.2.3 the fact that in the situation where the Buyer contacts the Seller by phone to conclude the Contract, the latter has communicated to the Buyer his identity as well as the identity of the Seller’s operator who takes the Order. Also, in these situations, the Seller confirmed his offer to the Buyer and the latter expressed his consent to conclude the Contract, according to the telephone conversation that is recorded or by any other method by which the Buyer’s consent can be retained and preserved;
2.2.4 The total price (as defined in these TCG) of the Products with all taxes included and, as the case may be, all additional costs of transport, delivery, postal or any other kind of taxes and bank commissions, all of which will be borne by the Buyer;
2.2.5 the fact that the conclusion of the Contract implies a payment obligation on the part of the Buyer;
2.2.6 the period of validity of the offer or the prices;
2.2.7 the basic rate for the use of means of communication at a distance in order to conclude the Contract;
2.2.8 payment methods, delivery, execution, the date by which the Seller undertakes to deliver the Products;
2.2.9 the delivery of the Products is carried out only on the territory of Romania;
2.2.10 the Seller’s procedure for resolving Claims, provided in these TCG;
2.2.11 the conditions for exercising the Buyer’s Right of Withdrawal, including the fact that in the event of exercising the Right of Withdrawal, the Buyer will pay the cost related to the return of the Products, respectively, without the enumeration being limiting, the costs of transporting the Product for return, postal fees, and any cost related to the total or partial use of the Product, as well as any costs incurred by the Seller in accordance with Art. 14 para. (3) of GEO 14/2014;
2.2.12 the conditions of the legal guarantee and the Guarantee regarding the conformity of the Products and their repair or replacement;
2.2.13 the possibility and the way in which the Buyer can contact the National Guidelines on Consumer Protection (“ANPC”);
2.2.14 the possibility for the Buyer to propose certain contractual conditions on which the Parties can decide freely and at least with regard to his information by sending an e-mail to the Seller at the address OFFICE@ELECTRA-ME.COM;
2.2.15 the contractual information is presented in Romanian in an accessible form, so that it was easily understood by the Buyer. Also, the Buyer accepts and understands the fact that the packaging, label and/or prospectus of the Products can be presented in other languages besides Romanian;
2.2.16 The Seller will submit the Contract to the Buyer at the time of delivery of the Products;
2.2.17 the moment of concluding the Contract is the moment of confirmation, on a durable medium, by the Seller of the acceptance of the Order sent by the Buyer.
III. TCG object
3.1 The object of the TCG consists in the broad exposition of the rights and obligations of the Parties once they enter into contractual relations, in particular with regard to (i) the purchase of the Product or Products by the Buyer according to his Order and the payment of the Price for them to the Seller and (ii) the transfer of the ownership of the Product or the Products from the Seller to the Buyer.
3.2 The order is placed by the Buyer in one of the following ways:
3.2.1 by phone call to the phone lines published in any way by the Seller (online, through print media, through TV commercials, including through teleshopping spots. The list is not exhaustive). The Buyer pays the price of the telephone call at the base rate, according to the grid of the Seller’s telephone provider;
3.2.2 through the online platform of the Seller, namely through its website ELECTRA-ME.COM/, following the steps provided on the website. Own costs for connecting to the Internet for placing the online Order are borne by the Buyer;
3.2.3 via the contact/email/chat form available on the Seller’s website ELECTRA-ME.COM/. Own costs for connecting to the Internet for placing the Order in these ways are borne by the Buyer.
3.3 The Seller has the right to refuse the Buyer’s Order or Orders, either for objective reasons (for example and not limited to, the presumption of fraud, the Buyer is a minor, the Products are not in the Seller’s stock and will not be for another 30 days from the date of the Order), or for reasons related to the Seller’s commercial strategies. The parties understand and agree that all the provisions of the Contract are and remain perfectly valid for the sale of a Product that was presented as a replacement Product for the one in the video presentation, if this was accepted in the order by the Buyer, as a result of the exhaustion of the Seller’s stock of Products identical to those in the video presentation.
3.4 The Buyer, at the Date of Conclusion of the Contract, knows and accepts the fact that (i) placing the Order gives rise to an obligation to pay and (ii) knows all the costs related to the Order, including but not limited to, the Sale Price, delivery costs, costs regarding the bank transfer of the price of the Products. These issues are stipulated in the TCG published by the Seller and online: ELECTRA-ME.COM/termene-si-conditii.
3.5 The Seller also undertakes to deliver the Product/Products to the Buyer to the address mentioned by the latter in the Order (“Delivery Address”). In the event that the Buyer changes the Delivery Address, he has the obligation to inform the Seller about this before the Seller has handed over the Product/Products to the Carrier to be delivered to the Buyer. Otherwise, it will be considered that the Seller has fulfilled his delivery obligation, and the Buyer will pay the transportation cost for the delivery of the Product/Products to the new address communicated by the Buyer, after placing the initial Order.
3.6 The right of ownership of the Product or Products from the Seller to the Buyer is transferred at the time of payment by the Buyer of the Price of the Product/Products ordered and delivered by the Seller.
3.7 The risk of loss or damage to the Products is transferred to the Buyer when he or a third party designated by him, other than the Carrier, takes physical possession of the Products. However, the risk is transferred to the Buyer at the time of delivery of the Parcel by the Seller to the carrier, if the carrier was commissioned by the Buyer to transport the Parcel, without prejudice to the rights of the Buyer vis-à-vis the carrier contracted by the latter.
IV. The sale price. Delivery of the Parcel
4.1 The sale price consists of the total price that the Buyer pays for the ordered Product/Products (“Price”). The price can be paid in one of the following ways provided on the Seller’s website (ELECTRA-ME.COM/): (i) by cash on delivery at the time of Parcel delivery or (ii) online on the Seller’s website using a bank card accepted by the payment platform contracted by the Seller. For the avoidance of any doubt, the costs related to placing the Order, in any way, the costs of delivery otherwise or through a carrier other than the one chosen by the Seller, costs related to payments by bank transfer, without the enumeration being limiting, are the responsibility of the Buyer. The latter is aware of this, made public by the Seller on its website ELECTRA-ME.COM/termene-si-conditii, and which are known and accepted before the Date of Conclusion of the Contract by the Buyer at the time of placing the Order.
4.2 The price is considered paid as follows:
4.2.1 in the case of payment of the Price by cash on delivery, at the time when the Carrier collects the Price and issues a receipt to the Buyer, and
4.2.2 in the case of online payment by bank card, at the time of crediting the Seller’s bank account with the Price paid by the Buyer.
4.3 To the extent that there could be additional payments compared to the Price, the Seller will request the Buyer’s explicit consent regarding the Buyer’s bearing of these additional payments. The communication will be made through the e-mail addresses of the Parties or by telephone and then confirmed in writing by the Parties on a printable medium, and must occur prior to the Contract Conclusion Date. In the event that the Buyer declares unequivocally or which could reasonably be considered as unequivocal, the fact that he does not accept these additional payments, the Contract will not be concluded and therefore, the Seller will refuse the Buyer’s Order.
4.4 The Seller will report to the competent authorities any payment made fraudulently, especially through online operations, communicating to the authorities any data it has about the Buyer. In any situation, the Seller will strictly comply with the provisions of Law 656/2002 for the prevention and sanctioning of money laundering, as well as for the establishment of measures to prevent and combat the financing of acts of terrorism and which are applicable to him, as well as any related normative acts.
4.5 Delivery of the Parcel is free for the Buyer anywhere in Romania. Delivery details are provided on the Seller’s website in the “delivery information” section: ELECTRA-ME.COM/informatii-livrare. The seller does not deliver parcels outside the territory of Romania.
4.6 The Seller can deliver to the Buyer all the Products ordered simultaneously (usually in the same Parcel) or in several successive deliveries, especially in the case where a certain Product is not in stock at the time of delivery, or if the Seller considers that in relation to its commercial strategy, successive delivery is more advantageous to the Parties.
4.7 In the event that the Buyer changes his Delivery Address, he has the obligation to inform the Seller about this before the Seller has handed over the Product/Products to the Carrier to be delivered to the Buyer. Otherwise, it will be considered that the Seller has fulfilled his delivery obligation, and the Buyer will pay the transportation cost for the delivery of the Product/Products to the new address communicated by the Buyer.
4.8 The Seller is free to choose any Carrier for delivery of the Parcel to the Buyer. To the extent that the Buyer chooses a certain carrier himself, then the price of the delivery of the Parcel will be borne by the Buyer.
4.9 The Seller must deliver the Products to the Buyer within no more than 30 days from the Contract Conclusion Date, without undue delay. If the Parcel is not delivered to the Buyer within the previously specified term due to the Seller’s fault, the Buyer may request the Seller to deliver the Parcel within a new term of no more than 30 days from the date of the request. To the extent that even within this term the Seller does not deliver the Product/Products to the Buyer due to its exclusive fault, the Buyer has the right to terminate the Contract.
4.10 In case of termination of the Contract due to the fault of the Seller, the Seller will return the Price to the Buyer if it was paid by the Buyer online on the Seller’s website, within no more than 7 calendar days from the date on which the Buyer notified the Seller in writing of his decision to terminate the Contract. The contract is legally terminated without any other formality on the date when the Seller has returned the Price to the Buyer and the Buyer has reimbursed the Product (if this is possible according to TCG). Otherwise, if it has been opted for the payment of the Refundable Price upon delivery, the Contract is fully terminated on the date on which the additional delivery term expires.
For the avoidance of any doubt, the expression “by right” refers to the termination of the Contract as a result of the resolution by law, without the Parties fulfilling any other formality, prior procedures (with the exception of those imposed by the specific legislation, as the case may be), the intervention of any court or authority (with the exception of those imposed by the specific legislation, as the case may be).
4.11 In the event that the Buyer expressly communicates to the Seller by e-mail to the address OFFICE@ELECTRA-ME.COM with the placing of the Order the fact that the delivery of the Products must be carried out within an essential period for the Buyer, concretely emphasizing this fact, the delivery period will not exceed 30 days from the Date of Conclusion of the Contract, if the Seller has expressly accepted that he understands the fact that the delivery period is essential for the Buyer. To the extent that the Seller will not be able to meet the delivery deadline in this context, the Buyer may request the termination of the Contract in full. The provisions of Art. 4.10 above are applicable.
4.12 The right to the termination of the Contract by the Buyer does not remove other rights that the Parties have and that they could exercise against the other Party in relation to the applicable legal provisions in the matter of consumer law and/or the moment at which it intervenes, in relation to the provisions of the Contract and of the TCG.
V. Buyer’s right of withdrawal
5.1 With the exception of the cases provided for in Art. 16 of GEO 34/2014, the Buyer has the right to a period of 14 calendar days to withdraw from the Contract (“Right of Withdrawal”), without having to justify the decision to withdraw and without incurring other costs than those stipulated and established in the Contract. The Buyer, prior to concluding the Contract, was informed by the Seller and thus knows the conditions for exercising the Right of Withdrawal available on ELECTRA-ME.COM/termene-si-conditii. Thus, the Buyer declares and acknowledges that he was informed by the Seller about the Right of Withdrawal, as well as that he had prior to the conclusion of the Contract, and still has, during the execution of the Contract, all the means to address to the Seller any concerns regarding the exercise of the Right of Withdrawal. Moreover, the Right of Withdrawal is specifically provided for in the Contract concluded with the Seller and delivered to the Buyer in the Parcel.
5.2 The period of 14 days is calculated from the date of receipt of the Parcel by the Buyer (“Return Period”). The Return Term will be calculated separately for each Parcel delivery in the case of successive delivery of Products that were the subject of a single Order.
5.3 Throughout the Return Term, the Parties will fulfill their contractual obligations.
5.4 When the Buyer decides to exercise his Right of Withdrawal, he will inform the Seller of this, within the Return Term, through a clear, concise and unequivocal statement, in one of the following ways:
5.4.1 through a written notification sent to the Seller at the address in ROMANIA, BUCHAREST, SECTOR 5, BD. TUDOR VLADIMIRESCU NO 29A, AFI TECH PARK OFFICE BUILDING 1, FLOOR 2;
5.4.2 by email to OFFICE@ELECTRA-ME.COM;
5.4.3 by completing the online return form by accessing ELECTRA-ME.COM/.
5.5 The Seller will communicate by e-mail to the Buyer the confirmation of receipt of the Buyer’s notification regarding the latter’s exercise of the Right of Withdrawal. In the event that the Buyer declares that he does not have a valid e-mail address, telephone confirmation is sufficient in the event that the Buyer does not expressly request confirmation in writing, by letter sent by post or courier.
5.6 When the Buyer exercises his Right of Withdrawal, the Seller will have the following obligations:
5.6.1 to reimburse the Buyer the Price within no more than 14 days from the date on which the Buyer informed the Seller about the exercise of the Right of Withdrawal, after the Seller confirmed the receipt of this information according to the contractual provisions and only after the Seller received the Products returned by the Buyer, in the event that the returned Products are not taken over by the Seller directly. If the returned Products are taken over by the Seller, according to the Buyer’s option expressed at the time of exercising the Right of Withdrawal, then the 14-day period for the return of the Price runs from the date on which the Seller confirmed the Buyer’s notification regarding the withdrawal from the Contract;
5.6.2 the refund of the Price will be made by bank transfer to the account indicated by the Buyer at the time of exercising the Right of Withdrawal. The Buyer declares that he understands and accepts this method of reimbursement even if he paid the Price by cash on delivery, being informed about this by the Seller prior to the conclusion of the Contract by the Seller. In the situation where the Buyer declares do not have a bank account in lei, opened at a bank in Romania, then the refund of the Price can be made in person at the Seller’s cashier, or by CONFIRMED postal order. In the case of the impossibility of fulfilling the above, the Parties will jointly identify a reasonable way for the purpose of refunding the Price.
5.6.3 to transmit to the Carrier the order for taking over the Products returned by the Buyer, in the situation where the latter opted for this along with the exercise of the Right of Withdrawal;
5.6.4 to check the returned Products and to the extent that they have not been returned by the Buyer according to the Contract, to (i) communicate to him the aspects found and (ii) to communicate to him the reduced value of the Price (“Reduced Price”), respectively the Price minus the cost borne by the Seller for bringing the Product in the form in which he handed it over to the Buyer, in the event of its use or damage. The Seller will refund the Buyer only the Reduced Price.
5.7 In case of exercising the Right of Withdrawal, the Buyer has the following obligations:
5.7.1 to return the Products that he wishes to return to the Seller within 14 days at most from the date on which the Buyer notified the Seller of his decision to withdraw from the Contract. For clarity, the term provided here is respected if the Products are sent back to the Seller by the Buyer before the expiration of the 14-day period;
5.7.2 to pay the cost of returning the Products in the amount of 20 lei, to the extent that the Buyer opted for their collection by the Seller, or any other amount, when he chose to use the services of other transport companies or chose any other way of returning the Products. This information was brought to the knowledge of the Buyer according to TCG, prior to the conclusion of the Contract, so that the Buyer declares that he understood it, accepted it and fully assumes it;
5.7.3 to return the Products that he wishes to return in the same conditions in which he received them, in the original packaging, accompanied by all the labels, leaflets and any other documents accompanying the Products as well as the signed Contract together with a written request including the reasons for the withdrawal;
5.7.4 to return any Products received as a gift from the Seller as a result of the Order;
5.7.5 to return the documents that accompanied the Products, respectively (without the enumeration being exhaustive) warranty certificates, declarations of conformity, etc., with the exception of the Contract and the tax invoice for the Products, as the case may be;
5.7.6 to bear the reduction in the value of the Products and as a result to receive the Reduced Price, as the case may be.
5.8 Following the exercise of the Right of Withdrawal and after the Products have been received by the Seller, the Contract terminates by law. Likewise, any other contractual relationships, as the case may be, ancillary to the Contract will also cease.
VI. Product Warranties
6.1 The products distributed by the Seller to the Buyer are guaranteed under the conditions provided by their Manufacturer (“Warranty”). For the avoidance of doubt, the Warranty refers to the warranty of conformity, as defined in the TCG and does not include the commercial warranty, likewise, defined above.
6.2 The Seller offers a Warranty only for Products that, due to their nature, can have such a warranty. More precisely, the Food Products/nutritional supplements and Cosmetic Products distributed by the Seller do not benefit from the Warranty. These, to the extent that there is a reason for their return without the Right of Withdrawal being applicable, will be replaced by the Seller with other identical Products and delivered to the Buyer, after the latter has returned to the Seller the first Products ordered (together with all the documents and any other gifts received), within no more than 14 days from the date on which the Buyer communicated to the Seller the reasons why the Products should be replaced, to the Seller’s address in ROMANIA, BU CURESTI, DISTRICT 5, BD. TUDOR VLADIMIRESCU NR 29A, AFI TECH PARK OFFICE BUILDING 1, FLOOR 2. After the Seller receives the Products, he will check them and to the extent that the replacement is required (more precisely, the reasons for the replacement have nothing to do with any fault of the Buyer), will replace the Products and deliver new identical Products to the Buyer, within no more than 15 days from the date on which the Seller was notified of the reasons for the possible a replacement would have been required. For the avoidance of any doubt, the Food Products/nutritional supplements and Cosmetic Products distributed by the Seller are replaced only if they reach the Buyer with defects, the latter not being able to use them in any situation (for example: the Product is unsealed, torn, broken, etc.).
6.3 The guarantee concerns the conformity of the Products with their specifications presented by the Seller in public, regardless of the common method (online, television, etc.).
6.4 The Products are in Compliance with the Contract if one of the following conditions is met: (i) they correspond to the description made by the Seller and have the qualities described on the Seller’s website and/or mentioned in the Seller’s advertising spots and/or in the Declaration of Conformity and/or on the Product prospectus, as the case may be; (ii) correspond to any specific purpose requested by the Buyer, purpose made known to the Seller and accepted by the latter at the conclusion of the Contract; (iii) correspond to the purposes for which Products of the same type are normally used; (iv) being of the same type, it presents normal quality and performance parameters, which the Buyer can reasonably expect, given the nature of the Product and the public statements regarding its concrete characteristics, made by the Seller, the Producer or its representative by telephone, especially through advertising or by inscription on the Product label. It is not considered to be a lack of conformity if, at the time of concluding the Contract, the Buyer knew or could not, reasonably, not have known this lack of conformity, or if the lack of conformity originates in the materials provided by the Buyer.
6.5 The seller is not responsible for the public statements provided for in Art. 6.4 point (iv) above, in any of the following situations, if (i) he did not know and could not reasonably have known the statements in question; (ii) the statement was corrected at the time of concluding the Contract or (iii) the Buyer’s decision to purchase the Product on which the statements were made, could not be influenced by the public statements in question.
6.6 To the extent that the Product purchased by the Buyer requires an installation procedure, any lack of conformity resulting from an incorrect installation of the Product will be considered equivalent to a lack of its conformity, only if the installation was carried out by the Seller or on his responsibility. The seller assumes no obligation to install any Product.
6.7 The installation of the Product is carried out exclusively by the Buyer according to the installation instructions that accompany the Product, as they can be found on the Seller’s website, and if the Product becomes non-compliant as a result of the installation by the Buyer, the Seller will not be held responsible under any circumstances for any alleged or non-compliance. The Seller may be liable for the lack of conformity proven by the Buyer in this case, only if the installation performed by the Buyer was incorrect as a result of a deficiency in the installation instructions accompanying the Product.
6.8 In the event that the Product has Defects, the Buyer will inform the Seller in writing about this, detailing specifically what the lack of conformity consists of, within no more than 4 calendar days from the receipt of the Parcel by the Buyer. If the Product has a Hidden Defect, then the previously mentioned term will be calculated from the date the Buyer discovered the Hidden Defect. The Buyer will provide explanations to the Seller regarding its inability to discover the Hidden Defect earlier at the time of its communication to the Seller regarding its discovery (“Complaint”). Failure to comply with the terms provided here entitles the Seller to refuse to take Remedial Measures (defined below).
6.9 The complaint will be communicated by the Buyer to the Seller (i) either through postal or courier services to the Seller’s address in ROMANIA, BUCHAREST, SECTOR 5, BD. TUDOR VLADIMIRESCU NO. 29A, AFI TECH PARK OFFICE BUILDING 1, FLOOR 2, (ii) or by e-mail to the address OFFICE@ELECTRA-ME.COM.
6.10 The complaint will include at least the following elements: (i) identification data of the Buyer; (ii) Order number; (iii) date of receipt of the Parcel by the Buyer; (iv) Defective Product or Products; (v) description of the alleged defects in as much detail as possible, possibly accompanied by photographs of the Defective Product/s; (vi) the Buyer’s request to replace the respective Products with identical ones without defects or to repair them; (vii) the Buyer’s signature and (viii) the date of the Complaint. Complaints that do not contain the previously provided elements will not be taken into account by the Seller. However, the Seller may choose to ask the Buyer for the details missing from the Complaint. For the avoidance of any doubt, this fact does not exclude or limit the Seller’s right to request additional details from the Buyer regarding the Complaint. The Buyer’s refusal to provide the Seller with these details within the time specified by him, or within a reasonable time from the date of the request (that is, not exceeding 7 calendar days), constitutes a waiver of Complaint. The lack of a response from the Buyer is considered a refusal to respond to the Seller’s requests.
6.11 The Buyer through Complaint will be able to ask the Seller (i) to replace the Defective Product(s) or (ii) to repair them free of charge for the entire duration of the Warranty if they are Durable Products (“Remedial Measures”).
6.12 The Buyer will not be able to claim the Seller to take Remedial Measures if they are impossible or disproportionate. Remedial measures are considered impossible if the Seller cannot provide identical Products for replacement (or spare parts for repair, as the case may be), including as a result of the lack of related equipment or technology. Remedial measures are considered disproportionate, if they impose costs on the Seller that are unreasonable compared to other measures taking into account, cumulatively (i) the value that the Products would have had if there had been no lack of conformity; (ii) the importance of the lack of compliance and (iii) whether another remedial measure could be carried out without significant inconvenience to the Buyer.
6.13 The Seller will take the Remedial Measures within 15 calendar days from the date on which, as the case may be, (i) the Buyer notified the Seller of the Complaint for the repair of the Durable Products or (ii) the Seller received the Defective Products for which the Buyer opted for their replacement. For clarity, in the case of Durable Products, the Buyer can claim their replacement, only after having previously requested the Seller to repair them under the Warranty, and after the repair the Product broke down again without any fault on the part of the Buyer. The parties can establish by mutual agreement another term for the implementation of the Remedial Measures, but which should not exceed the term of 15 days calculated according to this article. The Buyer has the obligation to send the Products to the Seller to be repaired. The 15-day period will run after the Buyer sends the Products to the Seller for repair.
6.14 Reasonable and well-founded Repair measures are carried out at no cost to the Buyer, costs necessary to bring the Products into compliance or to replace them, including the costs of postage, transport, handling, diagnostics, expertise, disassembly, assembly, labor, materials used and packaging.
6.15 To the extent that the Seller refuses without any reason to take Remedial Measures, although the Buyer has respected the contractual terms and the conditions of the Complaint, returning, as the case may be, the Defective Products to be replaced and these have been received by the Seller, the Buyer can claim from the Seller (i) either the corresponding reduction in the Price, (ii) or the termination of the Contract, in any of the following cases:
6.15.1 if it does not benefit from the repair or replacement of the Defective Product/s;
6.15.2 if the Seller has not taken the appropriate Remedial Measure within a reasonable period of time, other than that stipulated in the Contract;
6.15.3 if the Seller has not taken the Remedial Measure within the term stipulated in Art. 6.13 above, without significant inconvenience for the Buyer.
6.16 The buyer will not be able to claim the termination of the Contract if the lack of conformity is minor. The lack of conformity can be considered minor, the enumeration being exemplary, if: the packaging of the Product is degraded without affecting the qualities and properties of the Product, the packaging continues to have minor erasures that do not affect the Buyer’s information regarding the component and/or installation of the Product, the intensity of the color of the packaging and/or the Product is different from that presented by the Seller.
6.17 In case of termination of the Contract according to the conditions of this chapter, the Seller will return the Price according to the provisions of the chapter above.
6.18 As a rule, the Warranty Term is the one provided by the Manufacturer. In no case, the Guarantee is not granted for a period longer than 2 years calculated from the date of delivery of the Product. However, for Products whose Average Duration of Use is less than 2 years, the Warranty Term is automatically reduced to that duration. After the fulfillment of any terms stipulated here, the Buyer can benefit from Remedial Measures only for Products with Hidden Defects and only in the situation where the Buyer has followed the procedure regarding the complaint of Hidden Defects.
6.19 For the avoidance of any doubt, the Warranty within the terms mentioned above is granted only for Products which, by their nature, can benefit from such a warranty. More precisely, food products/food supplements and cosmetic products distributed by the Seller are excluded.
6.20 The Warranty Term extends with the duration of the Remedial Measures, calculated from the date on which, depending on the Remedial Measure undertaken to:
6.20.1 The Seller has received the Defective Product/s to replace them and until the date of receipt of the new Products by the Buyer,
6.20.2 The Seller repaired the Durable Products.
6.21 The commercial guarantee is granted for the Durable Products distributed by the Seller only to the extent that the legislation in force provides for such an obligation for manufacturers. Therefore, this guarantee could be granted by the manufacturer, according to the guarantee certificate issued/transmitted by the latter.
ARE YOU COMING. The rights and obligations of the Parties
7.1 The parties understand and undertake to fulfill their obligations and exercise their rights provided in these TCG, in the Contract and/or in relevant normative acts, in good faith.
7.2 The buyer, as a natural person possessing correlative rights and obligations, has the following rights:
7.2.1 the right to order and receive the Products ordered in the Delivery Term;
7.2.2 Right of Withdrawal under the conditions stipulated in the TCG and the Contract;
7.2.3 the right to reasonably claim any non-conformity of the delivered Products;
7.2.4 the right to benefit from Remedial Measures under the conditions provided in TCG;
7.2.5 the right to change the Delivery Address by notifying the Seller according to the Contract and respecting the provisions regarding the cost of this change in the TCG;
7.2.6 the right to receive, under the terms of the TCG and the Contract, the Price or the Reduced Price, as the case may be, in the case of returning the Seller’s Products in compliance with the other provisions of the TCG and the Contract;
7.2.7 the right to request the Seller in a reasonable manner and to receive from him, free of charge, additional information regarding the Products and their use;
7.2.8 the right to address ANPC regarding issues regarding the Contract, under the conditions of the law;
7.2.9 the right to unilaterally terminate or terminate the Contract;
7.2.10 the right to request the deletion of personal data after they have been processed by the Seller.
7.3 The buyer has the following obligations:
7.3.1 the obligation to place Orders with the real intention of purchasing the Products distributed by the Seller;
7.3.2 the obligation to provide the Seller correctly and completely with the details of the Order and the details of the Delivery Address, as well as the details regarding his identity;
7.3.3 the obligation to receive and diligently check each Product ordered as well as the Parcel;
7.3.4 the obligation to pay the Price, as well as any other amounts stipulated here and in the terms of the Contract;
7.3.5 the obligation to report to the Seller according to TCG any lack of conformity and/or any Hidden Defect of one or more Products ordered, as well as his options as the case may be;
7.3.6 the obligation to allow the Seller to take Remedial Measures;
7.3.7 the obligation to return the Products regardless of the reason, in the condition in which he received them, if this is allowed according to TCG and this is his intention;
7.3.8 the obligation to ask the Seller for additional information regarding the ordered Products to the extent that he justifiably considers that information is necessary. For clarity, this information must refer to protecting the life, health and safety of the Buyer and which, although communicated by the Seller prior to the conclusion of the Contract, could not be understood by the Buyer.
7.4 The seller has the following rights:
7.4.1 the right to refuse the Buyer’s Order and/or Orders, according to TCG;
7.4.2 the right to choose any Carrier for the delivery of the Parcel;
7.4.3 the right to receive the Price, as well as any other sums due to the Buyer, in accordance with these TCG and those stipulated in the Contract;
7.4.4 the right to withhold any amounts due and to return to the Buyer only the Reduced Price, according to the General Terms and Conditions and the Contract in the case of refund of the Products under the conditions agreed in the General Terms and Conditions and the Contract;
7.4.5 the right to have the Products returned to him in the condition in which they were delivered together with all the documents and/or gifts offered to the Buyer at the time of delivery of the Parcel;
7.4.6 the right to process, process, transfer and save the Buyer’s personal data, according to the policy also presented on the Seller’s website;
7.4.7 the right to refuse to take Remedial Measures under the conditions established in TCG;
7.4.8 the right to request and receive from the Buyer any information necessary to fulfill the contractual obligations; the unjustified refusal of the Buyer to provide this information, absolves the Seller from fault for any damages suffered by the Buyer and/or any other third party (natural or legal person, regardless of nationality and/or form of organization and regardless of whether it is an authority, institution, autonomous management or in any other way controlled by the state or private);
7.4.9 the right to modify the content of the website or other websites controlled by the Seller and, in as far as it deems necessary, to inform the Buyer in writing (regardless of the method) about these changes if they concern TCG, the Contract or future contracts;
7.4.10 the right to send the Buyer information regarding the distributed Products and or any other news regarding the Seller’s activity, for marketing purposes, if the Buyer opted for this at the time of the Order. The Buyer is aware of the fact that he can at any time request the Seller that the latter no longer communicates the information provided in this article. Once notified in this regard, the Seller will no longer transmit this information to the Buyer;
7.4.11 the right to transmit to any authorities the Buyer’s data or any other details related to him, if they were requested by the respective authorities in compliance with the legal provisions by these authorities.
7.5 The seller has the following obligations:
7.5.1 the obligation to distribute Products that comply with all relevant legal provisions in relation to their nature;
7.5.2 the obligation to confirm or not the Buyer’s Order, in this last situation being obliged to inform the Buyer about the reasons for refusing the Order;
7.5.3 the obligation to deliver the Parcel under TCG conditions;
7.5.4 the obligation to receive the Products returned by the Buyer who has exercised the Right of Withdrawal, in the condition in which the Seller delivered them;
7.5.5 the obligation to receive within the TCG limits, in the condition in which they were delivered by the Seller, the Products returned by the Buyer for the purpose of taking Remedial Measures;
7.5.6 the obligation to take Remedial Measures under the conditions provided in the TCG or, as the case may be, to inform the Buyer about the reasons for not taking Remedial Measures;
7.5.7 the obligation to return the ordered Products or other Products, as the case may be, after the implementation of the Remedial Measures;
7.5.8 the obligation to inform the Buyer about possible changes to his identification data and/or other aspects concerning the Contract or could concern future contracts;
7.5.9 the obligation to stop transmitting information regarding the Products distributed in general by the Seller, if he has received a written request from the Buyer in this regard, according to the procedure for withdrawing the agreement to process data for commercial purposes, according to the procedures presented on the Seller’s website and during telephone conversations with the Seller’s representatives.
VIII. Termination of the Contract. The contractual responsibility
8.1 The contract by its nature is one with uno ictu execution (with instant execution). However, since the Buyer is a consumer, the effects of the Contract will cease, depending on the Product/s purchased, either (i) when the deadline for exercising the Right of Withdrawal is met, or (ii) when the Warranty regarding these rights/obligations expires.
8.2 The contract can also be terminated at the initiative of the Buyer in one of the following situations:
8.2.1 when the Buyer exercises his Right of Withdrawal and the Seller receives the Products and all documents and gifts, as the case may be, that accompanied them, in the condition in which they were delivered, returning the Price or Reduced Price, according to TCG and the Contract;
8.2.2 when the Buyer exercises his right to unilaterally terminate the Contract;
8.2.3 when the Buyer terminates the Contract under the conditions established in TCG.
8.3 The Seller will be able to claim from the Buyer any damages caused by the latter, either directly to the Seller or to the Seller’s collaborators (regardless of the form of collaboration), as a result of the Buyer’s failure to fulfill its contractual obligations in good faith and/or as a result of the Buyer exercising its rights in an abusive manner. The damages that the Seller may claim against the Buyer may refer to, without the list being exhaustive, the counter value of the Products improperly returned by the Buyer to the Seller, regardless of the reason, and other costs related to this aspect, including transport costs, damage to the Seller’s image, fines, fees, taxes and the like, paid by the Seller as a result of abusive actions by the Buyer in exercising his legal and contractual rights (abuse of procedural rights), including possible court expenses (lawyer’s fees, of notaries public, of bailiffs, judicial stamp duties, experts’ fees), even if the procedure started by the Buyer is not a contentious one regardless of the competent forum or court (“Damages”).
8.4 Regarding the Damages and their amount, the Seller will send a notification to the Buyer in writing (including by e-mail) requesting him to pay them within no more than 14 calendar days from the date of receipt of the notification.
8.5 To the extent that the Buyer is not satisfied according to the requests from the Seller’s notification, the latter will (i) apply to the total value of the Damages late penalties in the amount of 0.5% per day of delay until the effective payment of the Damages and (ii) will be able to start any legal actions against the Buyer for the recovery of the Damages that the Buyer declares that he understands and expressly accepts as a fair compensation resulting from his actions.
IX. Litigation and applicable legislation
9.1 Before addressing the ANPC and/or the courts, the Buyer must notify the Seller of any dissatisfaction in order to amicably resolve any dispute. In the event that within 30 days from the date on which the Buyer received the Seller’s response or should have received it (namely within the terms stipulated in the TCG) to the Complaint communicated to the Seller, then the Buyer can notify the ANPC, or directly the competent court.
9.2 Reporting to the ANPC does not infringe the Buyer’s right to address the courts directly or after reporting to the ANPC.
9.3 Disputes regarding any aspect related to the TCG or the Contract are under the jurisdiction of the courts according to the legal provisions applicable at the date of the conclusion of the Contract or of the referral to the court, respectively the court at the location of the Singer, or in consideration of the transitional legal provisions that may appear in the situation where the current relevant legislation is subsequently modified.
9.4 TCG and the Contract are governed by Romanian law.
X. Final and transitional provisions
10.1 The Buyer understands and accepts, prior to concluding the Contract, that his personal data will be processed by the Seller in order to fulfill his contractual obligations. Also, the Buyer declares that he was informed prior to the conclusion of the Contract regarding the Seller’s policy regarding the protection of personal data, he read and accepted this policy, knowing that he has the right to request additional information from the Seller regarding this aspect. The personal data policy can be found by accessing ELECTRA-ME.COM/unelte-gdpr. Also, the Buyer knows and accepts that he was informed by the Seller prior to the conclusion of the Contract regarding the fact that he can notify the National Supervisory Authority of the Processing of Personal Data, prior to the conclusion of the Contract. This information is also available by accessing https://www.dataprotection.ro/ directly from the Seller’s website.
10.2 The Buyer expressly accepts the fact that (i) the Seller may modify any terms and conditions regarding relations with the Buyer and will inform the Buyer accordingly, by publishing the changes online at the address ELECTRA-ME.COM/, the Buyer having the right to notify the Seller that he does not accept these changes within the terms stipulated in the Contract. Not contesting these changes represents the Buyer’s tacit agreement regarding the respective changes; (ii) The Seller is entitled to Damages according to the Contract; (iii) The Seller will be able to pay the Reduced Price according to the Contract; (iv) The Seller has the right to refuse an Order or Orders of the Buyer as well as the Seller’s right to suspend the delivery of some Products or the temporary impossibility or not to deliver them; (v) The contract is governed by Romanian legislation; (vi) The Seller can exercise the actions and undertake the measures to which he is entitled provided in chapter 6 of the TCG regarding Guarantees; (vii) understood and accepted clause 7.4.7 of Article 7 of the TCG (viii) The Seller may refuse to reimburse the Price and/or take over the Product if the conditions listed in the Contract and TCG are not met.
10.3 The Buyer declares that, prior to the conclusion of the Contract, he was informed by the Seller and understood the fact that he can notify ANPC at any time, the details regarding this matter being available by accessing http://www.anpc.gov.ro/ directly from the Seller’s website.
10.4 The Buyer declares that, prior to the conclusion of the Contract, he was informed by the Seller and understood the fact that he can register on the Seller’s website ELECTRA-ME.COM/ a user account, the conditions of its use being stipulated on the previously mentioned website.
10.5 The Buyer expressly declares and accepts the fact that he will not be able to hold the Seller responsible, if one of the following aspects is proven:
10.5.1 not the Seller is the one who put the Product into circulation or distributed or delivered it;
10.5.2 depending on the circumstances, the defect that caused the Buyer’s damage did not exist on the date the Product was put into circulation or appeared after the Product was put into circulation, for reasons not attributable to the Seller;
10.5.3 The product was not manufactured to be sold or for any other form of distribution for the manufacturer’s economic purpose i and was not manufactured or distributed within the professional activity of the Seller;
10.5.4 the defect is due to compliance with mandatory conditions, imposed by the regulations issued by the competent authorities;
10.5.5 the level of scientific and technical knowledge existing at the time of putting the Product into circulation did not allow the detection of the defect in question;
10.5.6 the defect is due to the Buyer’s non-compliance with the instructions for use, storage and maintenance provided in the technical documents accompanying the Product, demonstrated on the basis of specialized technical expertise;
10.5.7 the defect is attributable to the wrong design of the assembly in which the Product was mounted or to the instructions given by the manufacturer of the Product intended for the Buyer;
10.5.8 the defect is due to improper use of the Product by the Buyer;
10.5.9 the damages are the result of the actions or inactions of other suppliers, such as those of electricity and its abnormal fluctuation, gas, telephony;
10.5.10 the fault for the damage caused by the Product rests with the Buyer.
10.6 The Buyer declares that he was informed, prior to the conclusion of the Contract by the Seller, through these TCG and other public information of the Seller, and that he understood and assumes that the Products distributed by the Seller consist of Products that can be considered (i) food supplements, (ii) food and/or (iii) cosmetic products do not replace a balanced lifestyle and do not cure certain ailments by themselves.
10.7 The Buyer shall inform the Seller immediately (no later than 48 hours from the date the reactions were detected) of any alleged unusual reactions that he may have encountered using Products distributed by the Seller that can be considered (i) food supplements, (ii) food and/or (iii) cosmetic products. The Buyer will transmit to the Seller all information regarding these reactions in a correct and complete manner and will answer any questions of the Seller regarding this allegedly unusual reaction.
10.8 The Buyer will inform the Seller immediately (no later than the date of discovery) regarding any request from third parties who claim to distribute the Products distributed by the Seller and/or who claim to be affiliated with him. Also, the Buyer will inform the Seller under the same conditions as before, and if third parties communicate any disparaging statements to the Seller and/or the Products distributed by him, regardless of the method. In both situations, the Buyer will provide the Seller with all the details and will answer any questions of the Seller regarding these matters. Moreover, the Buyer understands that by agreeing to work with the Seller, public safety is ensured regarding the sale of consumer goods, and an abusive refusal by the Buyer could lead to the payment of compensation both to the Seller and to third parties, since the Buyer also has the legal obligation to help identify any persons to avoid putting public safety at risk.
10.9 The Buyer can contact the Seller at the address ROMANIA, BUCHAREST, SECTOR 5, BD. TUDOR VLADIMIRESCU NO. 29A, AFI TECH PARK OFFICE BUILDING 1, FLOOR 2, the Seller being a company registered in the Commercial Register next to the Bucharest Court under no. J40/2098/2008, having registration code RO18483455. The Buyer can also contact the Seller by phone at +4(0).021.330.2086 or by e-mail at OFFICE@ELECTRA-ME.COM, as well as using the contact form accessible online at ELECTRA-ME.COM/information/contact.
10.10 The Buyer can access at any time for the purpose of information and/or defending his interests the following internet pages, which were communicated to him by the Seller and/or could have been known by the Buyer, prior to the conclusion of the Contract:
10.10.9 Details regarding contacting the Seller, delivery of Products, payment methods available at ELECTRA-ME.COM/.
10.11 The Buyer expressly declares and accepts the fact that he concluded with the Seller, with the acceptance of the Order by the latter, a Distance Contract, and that a copy of it was delivered in “hardcopy” format to the Buyer together with the Parcel, together with the other documents accompanying the Products. More precisely, the Buyer declares that he was informed by the Seller about the contractual conditions prior to the transmission of the Order by the Buyer to the Seller, the Buyer accepting the conditions ractual, right for which he freely decided to conclude the Contract received together with the Products and understands the legal consequences of this Contract and implicitly of the TCG.