The terms and conditions below regulate the relations between you, as a consumer and subscribed COMPLETE DIAGNOSTIC SRL, the Romanian legal person, based in BUCHAREST, SECTOR 2, Str. Alexandru Paulescu No. 35, registered in the Trade Register of the Bucharest Tribunal under No. J40 / 1075 /2020, with registration code 43315053, as a seller, hereinafter referred to as "The Seller".
You, as a consumer, the natural person, declaring that you are over 18 years of age, hereinafter referred to as the "Buyer", purchased from the Seller the products distributed by it, taking into account these general terms and conditions ("GTC"). Therefore, you have all the rights and obligations set out in the GTC and the Contract (as defined below).
Next, the Seller and the Buyer are referred to as "Part" and collectively "Parties".
These GTCs are drafted in view of the
a. the provisions of Emergency Ordinance No. 34/2014 on consumer rights in contracts concluded with professionals, as well as for the modification and completion of some normative acts ("OUG 34/2014"),
b. 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 contract of sale - remote purchase has been concluded between the Buyer's Order and the Seller,
d. GTC are published by the Seller on the website or COMPLETMEDICAL.RO in the COMPLETMEDICAL.RO/en/termeni-si-conditii section and have been accepted by the Buyer as a result of the placing of the Order,
e.according to the provisions of Art. 8 a. (6) and al. (7) of OUG 34/2014, the Buyer confirms that he has received the Contract together with the Ordered Product/Products;
f. according to the provisions of Art. 8 a. (9) of OUG 34/2014 the contract between seller and Remote Buyer is concluded at the time when the Seller has accepted the Buyer's Order, so that GTC represents the material support in which the contractual conditions agreed by the Buyer are contained at the time of placing the Order to the Seller.
The following terms will have the meaning according to the related definition, GTC does not expressly set out in the Contract another definition or, if after the conclusion of the Contract the Seller publishes on the website or COMPLETMEDICAL.RO in section COMPLETMEDICAL.RO/en/termeni-si-conditii another definition.
a. Guarantee Certificate - The Warranty Certificate delivered by the Seller in the Package, together with the Product/Products ordered by the Buyer and specifying the conditions of the warranty grant and the Warranty Term; As an exception, it can be offered electronically by e-mail or by download from the Seller's website, depending on the Product. In situations where the Warranty Certificate does not accompany the Product on delivery, the Buyer can obtain a copy of it free of charge at the simple request in electronic or material form, 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 Package may differ from the original packaging of the Products;
c. Order - the Buyer's request to the Seller by phone and/or through the Seller's website or placed by e-mail to buy a specific 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 Article 2(2) of Government Ordinance No. 21/1992 on consumer protection, republished, with subsequent amendments and additions ("OUG 21/1992"); If the Buyer is a natural person, he has the status of consumer;
e. Contract - means contractual sale - remote purchase, concluded between Seller and Buyer within a remote sales system organized, 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 time when the Contract is concluded , under which the Seller transfers or undertakes to transfer ownership of some Products to the Buyer, and the latter pays or undertakes to pay their price, including any contract that concerns both products and services; these GTCs are an integral part of the Contract;
f. Date of conclusion of the Contract - the date on which the Seller expressly accepted and was obliged to execute the Buyer's Order;
g. the date of minimum durability - the date set by the manufacturer, until which a Food Product retains its specific characteristics under appropriate storage conditions; products for which the date of minimum durability is established are not dangerous even after that date;
h. Declaration of Compliance - the declaration made by the manufacturer informing, on his own responsibility, that a Product or service complies with a regulatory technical document;
i. distributor - any economic operator in the marketing chain whose activity does not influence the safety characteristics of the Product. For clarity, the Seller is in principle a distributor in your relationship;
j. Average duration of use - the time interval, established in normative technical documents or declared by the Manufacturer, within which the Products of long use must maintain their functional characteristics, if the conditions of transport, handling, storage and operation have been respected;
k. commercial guarantee - any commitment on the part of the professional or a manufacturer (as guarantor) to the consumer, in addition to the legal obligations laid down in Article 5-14 of Law No. 449/2003 on the sale of products and the guarantees associated with them, republished, with subsequent amendments and additions ("Law 449/2003"), relating to the legal guarantee of conformity, to reimburse the price paid or to replace, repair or maintain the products in any way, if they do not meet the specifications or any other requirement in the guarantee statement or relevant advertising available at the time or before the conclusion of the contract, a requirement that is not 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 to the Buyer that, without requiring additional costs, bring the Product to conformity, including the refund of the price paid by the Buyer, repair or replacement of the Product, if it does not comply with the conditions stated in the warranty declarations or related advertising; m. Product - any movable tangible property distributed and delivered by the Seller and which has been ordered by the Buyer, so that the parties have concluded the Contract;
n. products made according to the Buyer's specifications - any products that are not prefabricated, made on the basis of individual options or the customer's decision. The seller does not distribute such products;
o. The products are in accordance with the Contract if one of the following conditions is fulfilled: (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 advertisements and/or in the Declaration of Compliance and/or on the Product prospectus, as appropriate; (ii) correspond to any specific purpose requested by the Buyer, a purpose made known to the Seller and accepted by the Seller 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, 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 Manufacturer or its representative, in particular by advertising or by registration on the Product label. It shall not be considered to be non-compliance if, at the time of the conclusion of the Contract, or before the delivery to the Buyer of the Product, the Latter knew or could not reasonably not be aware of this lack of conformity or if the lack of conformity originates in the materials provided by the Buyer;
p. Product with Defects - The product to which the presentation, the foreseeable use and the date of purchase do not provide safety, causing damage to the Buyer;
q. Product of Long-Term Use - the relatively complex product, consisting of parts and subassemblies, designed and built for use during the average period 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, as indicated by the manufacturer, does not present 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, packaging and installation and maintenance instructions; (ii) the effect on other Products, together with which it may be used; (iii) the presentation of the Product, labelling, instructions for use and any other indications and information provided by the manufacturer; (iv) the category of consumers at risk by using the Product;
s. Manufacturer - manufacturer of the Product purchased by the Buyer and distributed by the Seller. However, the manufacturer may also be any other person, who imports a product for sale, rental, purchase or other form of alienation within the framework of its own marketing activity within the company, being considered its producer and is responsible to the same extent as the manufacturer;
t. professional - any natural or legal person, public or private, who acts in the course of his commercial, industrial or production activity, artisanal or liberal in connection with contracts, as well as any person acting for the same purpose, on his behalf or on his behalf;
u. Repair - in case of non-compliance, means bringing the Product in accordance with its technical specifications published on the Seller's website and which the Buyer knew when he placed the Order;
v. Warranty term - the time limit, which runs from the date of acquisition of the Product to which the manufacturer assumes responsibility for the repair or replacement of the Product at its expense, if the deficiencies are in no way attributable to the Buyer;
w. Shelf life - the time limit, set by the manufacturer, up to which a perishable Product or a Product that may in a short time present an immediate danger to the health of the Buyer retains its specific characteristics, if the conditions of transport, handling, storage and storage have been respected; for food this is the consumption limit date;
x. Carrier - the company that provides transport services and delivers the Package to the Buyer
y. Seller - subscribed, namely the distributor who offers the Buyer's Product;
z. Hidden problem - the qualitative deficiency of a Product delivered to the Buyer that was not known nor could it be known by the Buyer by the usual means of verification.
2.1 The Buyer, by placing the Order, declares that prior to the conclusion of the Agreement, having regard to the fact that it ends at a distance, has been informed by the Seller of all aspects of the contractual relations between the Parties, as well as of the Products.
2.2 To this end, the Seller has published on his website COMPLETMEDICAL.RO all the information provided by the relevant legislation in the matter, and also the Buyer declares that he has become aware of this information. Therefore, the Buyer declares that the information was provided by the Seller in a clear and intelligible manner, the Buyer also stating that he knows, understands and assumes:
2.2.1 the main characteristics of the Products;
2.2.2 the identity of the Seller and the ways of contacting him;
2.2.3 that in the event that the Buyer contacts the Seller by telephone for the conclusion of the Contract, the buyer has informed the Buyer of his identity and the identity of the Seller's operator who takes over the Order. Also, in these situations, the Seller confirmed his offer to the Buyer and the buyer has expressed his consent to terminate the Contract, according to the telephone conversation that is recorded or by any other means that the Buyer's consent may be withheld and retained;
2.2.4 The total price (as defined in these GTCs) of the Products with all taxes included and, where applicable, all additional costs of transport, delivery, postal or other fees or of any other nature or, fees and bank fees, all of which will be borne by the Buyer;
2.2.5 that the conclusion of the Contract implies a payment obligation on the part of the Buyer;
2.2.6 period of validity of the offer or prices;
2.2.7 basic tariff for the use of remote means of communication for the conclusion of the Contract;
2.2.8 ways of payment, 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 Complaint Resolution Procedure, provided for in these GTCs;
2.2.11 The conditions of the exercise of the Buyer's Right of Withdrawal, including the fact that in the event of the exercise of the Right of Withdrawal, the Buyer will pay the cost of returning the Products, respectively, without the enumeration being limited, costs with the transport ation of the Product for return, postal commissions, 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 Article 14 (3) of OUG 14/2014;
2.2.12 the conditions of the legal guarantee and the Guarantee on the conformity of the Products and their repair or replacement;
2.2.13 the possibility and manner in which the Buyer can apply to the National Authority on Consumer Protection ("ANPC");
2.2.14 possibility for the Buyer to propose certain contractual conditions over which the Parties may freely order and at least in respect of his information by addressing an e-mail to the Seller at the address CONTACT@COMPLETMEDICAL.RO;
2.2.15 The contractual information is presented in Romanian in an accessible form, so that it was easily understood by the Buyer. Buyer also accepts and understands that the packaging, label and/or prospectus of the Products can be presented in other languages alongside the Romanian language;
2.2.16 The Seller will forward the Contract to the Buyer at the time of delivery of the Products;
2.2.17 the moment of conclusion of the Contract is the moment of confirmation, on a durable medium, by the Seller of the acceptance of the Order transmitted by the Buyer.
3.1 The object of GTC consists in the broad exposure 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 its Order and the payment of the Price for them to the Seller and (ii) the transfer of ownership of the Product or the Products from seller to Buyer.
3.2 The order is placed by the Buyer in one of the following ways:
3.2.1 by telephone call to telephone lines published in any way by Seller (online, through print media, through TV advertising, including teleshopping spots. The enumeration is not exhaustive). The buyer pays the price of the phone call at the base rate, according to the grid of the Seller's telephone provider;
3.2.2 through the Seller's online platform, namely through its website COMPLETMEDICAL.RO/EN, following the steps provided on the website. The own costs of connecting to the internet for placing the Order online are borne by the Buyer;
3.2.3 by contact/email/chat form available on the Seller's website COMPLETMEDICAL.RO.
3.3 The Seller has the right to refuse the Buyer's Order or Orders, either for objective reasons (example and not limiting, the presumption of fraud, the Buyer is a minor person, the Products are not on the Seller's stock nor will they be for a longer 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 Agreement are and remain perfectly valid for the sale of a Product that has been presented as a Substitute Product to the one in the video, if this has been accepted in the order by the Buyer, due to 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 that (i) the placing of the Order gives rise to a payment obligation and (ii) knows all costs related to the Order, including but not limited to, Sales Price, Delivery Costs, Costs on Bank Transfer of the Price of the Products. These issues are provided in The GTC published by seller and online: COMPLETMEDICAL.RO/en/termeni-si-conditii
3.5 The Seller also assumes the obligation to deliver the Buyer's Product/Products to the address mentioned by the buyer in the Order ("Delivery Address"). In the event that the Buyer changes the Delivery Address, the Buyer is obliged to inform the Seller of this before the Seller has handed over the Carrier's Product/Products to be delivered to the Buyer. Otherwise, the Seller will be deemed to have fulfilled his delivery obligation, and the Buyer will pay the consideration of the shipment for the delivery of the Product/Products to the new address communicated by the Buyer, after placing the Original Order.
3.6 Ownership of the Product or Products from Seller to 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 Package by the Seller to the carrier, if the carrier has been instructed by the Buyer to transport the Package, without prejudice to the Buyer's rights to the carrier contracted by the latter.
4.1The selling 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 (COMPLETMEDICAL.RO/EN): (i) by refund at the time of delivery of the Package 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 of placing the Order, in any way, delivery costs otherwise or through a carrier other than that chosen by the Seller, costs on payments by bank transfer, without the enumeration being limited, are the responsibility of the Buyer. The latter is aware of this, made public by the Seller on his website COMPLETMEDICAL.RO/en/termeni-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 shall be deemed to have been paid as follows:
4.2.1 in case of payment of the Price by refund, at the time when the Carrier collects the Price and issues the Buyer's receipt, and
4.2.2 in 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 additional payments to the Price may occur, the Seller will ask the Buyer for his explicit consent to the Buyer's support of these additional payments. The communication will be made by means of the e-mail addresses of the Parties or by telephone and then confirmed in writing by the Parties on a printable support, and must occur prior to the Date of conclusion of the Contract. In the event that the Buyer declares unequivocally or reasonably considered to be unequivocal, the fact that it does not accept these additional payments, the Contract will not be terminated and therefore the Seller will refuse the Buyer's Order.
4.4 The Seller shall report to the competent authorities any payment made fraudulently, in particular through online operations, by communicating to the authorities any data he holds about the Buyer. In any case, the Seller will comply exactly 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 applicable to it, as well as any related normative acts.
4.5 Delivery of the Package is free for buyer anywhere in Romania. Delivery details are provided on the Seller's website under the section "delivery information": COMPLETMEDICAL.RO. Seller does not deliver parcels outside Romania.
4.6 The Seller may deliver to the Buyer all Products ordered simultaneously (usually in the same Package) or in several successive deliveries, especially if a particular 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 of this before the Seller has handed over the Carrier's Product/Products to be delivered to the Buyer. Otherwise, the Seller will be deemed to have fulfilled his delivery obligation and the Buyer will pay the consideration of the shipment 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 the delivery of the Package to the Buyer. To the extent that the Buyer chooses a particular carrier himself, then the price of delivery of the Package will be borne by the Buyer.
4.9 The Seller must deliver the Buyer's Products within 30 days of the Contract Termination Date, without undue delay. If the Package is not delivered to the Buyer within the previously specified time limit at the Seller's fault, the Buyer will be able to request the Seller to deliver the Package within a new period of no more than 30 days from the date of the request. To the extent that even within this period the Seller does not deliver the Product/Products of its exclusive fault to the Buyer, the Buyer is entitled to the termination of the Agreement.
4.10 In the event of the seller's termination of the Contract, the Seller will refund the Buyer the Price if it has been paid by the Buyer online on the Seller's website, no later than 7 calendar days from the date on which the Buyer has notified the Seller in writing of his decision to terminate the Contract. The contract is fully resolved without any other formality on the date on which the Seller refunded the Buyer's Price and the Buyer refunded the Product (if this is possible according to GTC). Otherwise, if the Refund Price has been chosen on delivery, the Contract is resolved in full right on the date on which the additional delivery deadline expires. For the avoidance of any doubt, the expression "full right" refers to the termination of the Contract as a result of the resolution of law, without the Parties performing any other formality, prior procedures (except those required by the specific legislation, as the case may be), the intervention of any court or authority (except those required by the specific legislation, as the case may be).
4.11 In the event that the Buyer will communicate to the Seller expressly by e-mail at the address CONTACT@COMPLETMEDICAL.RO with the placing of the Order that the delivery of the Products must be made within an essential time limit for the Buyer, in particular stressing this fact, the delivery deadline shall not exceed 30 days from the Date of conclusion of the Contract, if the Seller has expressly accepted that he understands that the delivery deadline 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 full resolution of the Agreement. The provisions of Article 4.10 above shall apply.
4.12 The buyer's right to terminate the Contract does not remove any other rights which the Parties have and which they may exercise against the other Party in relation to the applicable legal provisions in matters of consumer law and/or the time at which it intervenes, in relation to the provisions of the Contract and the GTC.
5.1 Except in the cases provided for in Article 16 of OUG 34/2014, the Buyer is entitled to a period of 14 calendar days to withdraw from the Agreement ("Right of Withdrawal"), without having to justify the withdrawal decision and without incurring any costs other than those stipulated and set out in the Agreement. The Buyer, prior to the conclusion of the Contract, has been informed by the Seller and thus knows the conditions of the exercise of the Right of Withdrawal available on the COMPLETMEDICAL.RO/terms-and-conditions. Thus, the Buyer declares and acknowledges that he has been informed by the Seller of the Right of Withdrawal, as well as that he had prior to the conclusion of the Contract, and still has, during the performance of the Contract, all means to address to the Seller any concerns regarding the exercise of the Right of Withdrawal. Furthermore, the Right of Withdrawal is specifically stipulated in the Contract concluded with the Seller and delivered to the Buyer in the Package.
5.2 The 14-day period is calculated from the date of receipt of the Package by the Buyer ("Return Term"). The Return term will be calculated separately for each delivery of the Packages in the case of successive delivery of the Products that have been the subject of a Single Order.
5.3 Throughout the Return Term, the Parties will fulfil their contractual obligations.
5.4 When the Buyer decides to exercise his Right of Withdrawal, he shall inform the Seller in this respect, within the Framework of the Return Term, by a clear, concise and unequivocal statement in one of the following ways:
5.4.1 by a written notification sent to the Seller at the address in BUCHAREST, SECTOR 2, Str. Alexandru Paulescu No. 35;
5.4.2 by e-mail at CONTACT@COMPLETMEDICAL.RO.
5.5 The Seller shall notify the Buyer by e-mail of confirmation of receipt of the Buyer's notice of the Latter's exercise of the Right of Withdrawal. If the Buyer declares that he does not have a valid e-mail address, telephone confirmation is sufficient if the Buyer does not expressly request confirmation in writing, by letter sent by post or courier.
5.6 When the Buyer exercises the Right of Withdrawal, the Seller will have the following obligations:
5.6.1 to reimburse the Buyer the Price within 14 days of the date on which the Buyer informed the Seller of the exercise of the Right of Withdrawal, after the Seller has confirmed receipt of this information according to the contractual provisions and only after the Seller has 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 the exercise of the Right of Withdrawal, then the 14-day period for the Refund of the Price runs from the date on which the Seller confirmed the Buyer's notice of 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 the exercise of the Right of Withdrawal. The Buyer declares that he understands and accepts this method of reimbursement even if he has paid the Price by refund, being informed about it by the Seller prior to the conclusion of the Contract by the Seller. If the Buyer declares that he does not have a bank account in lei, opened at a bank unit in Romania, then the refund of the Price can be made in person at the Seller's cashier, or by postal mandate CONFIRMED. In the event of the impossibility of achieving the above, the Parties shall jointly identify a reasonable path for the purpose of repaying the Price.
5.6.3 to transmit to the Carrier the order for the taking over of the Products returned by the Buyer, in the event that the Buyer has opted to do so with the exercise of the Right of Withdrawal;
5.6.4 to verify the Returned Products and to the extent that they have not been returned by the Buyer under the Agreement, to (i) communicate to him the facts found and (ii) to communicate to him the diminished value of the Price ("Reduced Price"), i.e. The Price minus the cost incurred by the Seller for bringing the Product into the form at which it was handed over to the Buyer, in case of its use or damage. The Seller will only refund the Diminished Price to the Buyer.
5.7 In the event of the exercise of the Right of Withdrawal, the Buyer shall have the following obligations:
5.7.1 to return the Products it wishes to return to the Seller no later than 14 days after the Buyer has notified the Seller of his decision to withdraw from the Agreement. For clarity, the deadline set out here is met if the Products are sent back to the Seller by the Buyer before the expiry 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 has opted to take them over by the Seller, or any other amount, when he has opted to use the services of other transport companies or has chosen any other way of returning the Products. This information was made known to the Buyer according to GTC, prior to the conclusion of the Contract, so that the Buyer declares that he understood, accepted and assumed in full;
5.7.3 to return the Products it wishes to return under the same conditions as it received, in its original packaging, accompanied by all labels, leaflets and any other documents accompanying the Products as well as the Contract signed together with a written request containing the reasons for the withdrawal;
5.7.4 to refund any Products received as a gift from the Seller as a result of the Order;
5.7.5 to return the documents accompanying 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 decrease in the value of the Products and as a result to receive the Diminished Price, as appropriate.
5.8 As a result of the exercise of the Right of Withdrawal and after the Products have been received by the Seller, the contract ceases as a matter of law. They shall also terminate any other contractual relationship, as appropriate, ancillary to the Contract.
6.1 Products distributed by the Seller to the Buyer are guaranteed under the conditions offered by their Manufacturer ("Guarantee"). For the avoidance of any doubt, the Guarantee refers to the guarantee of conformity as defined in the GTC and does not include the commercial guarantee, as defined above.
6.2 The Seller offers Warranty only to Products which in relation to their nature may have such a warranty. Specifically, Food/Nutrient 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 Seller has returned to the Seller the first Products Ordered (along with all documents and other possible gifts received), within 14 days from the date on which the Buyer has communicated to the Seller the reasons why the Products should be replaced, at the Seller's address in BUCHAREST, SECTOR 2, Str. Alexandru Paulescu No. 35. After the Seller receives the Products, it will check them and to the extent that the replacement is necessary (i.e. the reasons for the replacement have nothing to do with any fault of the Buyer), replace the Products and deliver to the Buyer identical new Products, no later than 15 days from the date on which the Seller was notified with the reasons why any replacement would have been required. For the avoidance of any doubt, The Food/Nutrient Supplements and Cosmetic Products distributed by the Seller are replaced only if they reach the Buyer with defects, the latter unable to use them in any situation (for example: The product is unsealed, broken, broken, etc.).
6.3 The Warranty concerns the conformity of the Products with their specifications presented by the Seller publicly, regardless of the mode of communication (online, television, etc.).
6.4 The Products are in accordance with the Contract if one of the following conditions is fulfilled: (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 advertisements and/or in the Declaration of Compliance and/or on the Product prospectus, as appropriate; (ii) correspond to any specific purpose requested by the Buyer, a purpose made known to the Seller and accepted by the Seller at the conclusion of the Agreement; (iii) correspond to the purposes for which Products of the same type are normally used; (iv) being of the same type, 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 Manufacturer or his telephone representative, in particular by advertising or by inscription on the Product label. It shall not be considered to be a lack of conformity if, at the time of the conclusion of the Contract, the Buyer knew or could not reasonably not be aware of 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 Article 6.4(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 the conclusion of the Agreement or (iii) the Buyer's decision to purchase the Product on which the declarations were made, could not be influenced by the public statements in question.
6.6 To the extent that the Product purchased by the Buyer involves an installation procedure, any lack of conformity resulting from an incorrect installation of the Product will be considered equivalent to a lack of compliance, only if the installation was carried out by the Seller or on the latter's responsibility. The seller does not assume any obligation to install any Product.
6.7 The installation of the Product is carried out exclusively by the Buyer according to the installation instructions accompanying the Product, as they can be found and the Seller's website, and if the Product becomes non-compliant as a result of installation by the Buyer, the Seller cannot be held in any situation liable 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 due to a deficiency in the installation instructions accompanying the Product.
6.8 In the event that the Product shows Defects, the Buyer will inform the Seller in writing about this, detailing in concrete terms what the lack of compliance consists, within 4 calendar days of the buyer's receipt of the Package. If the Product has a Hidden Vice, then the above mentioned term will be calculated from the date on which the Buyer discovered the Hidden Vice. The Buyer will provide explanations to the Seller of his inability to discover the Hidden Vice earlier at the time of his communication to the Seller about its discovery ("Claim"). Failure to comply with the deadlines set out here in this gives the Seller the right 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 at the Seller's address in BUCHAREST, SECTOR 2, Str. Alexandru Paulescu No. 35, (ii) or by e-mail at CONTACT@COMPLETMEDICAL.RO.
6.10 The complaint shall include at least the following elements: (i) the Buyer's identification data; (ii) The Order number; (iii) the date of receipt of the Package by the Buyer; (iv) Product or Products with Defects; (v) the description of the alleged defects in detail, possibly accompanied by photographs of the Product(s); (vi) the Buyer's request to replace those 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 above items will not be considered by the Seller. However, the Seller may choose to ask the Buyer for the missing details of the Complaint. For the avoidance of any doubt, this 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 within the time limit specified by him, or within a reasonable time from the date of the request (i.e. not exceeding 7 calendar days), these details constitute a waiver of the Complaint. The buyer's lack of response is considered to be a refusal to respond to the Seller's requests.
6.11 The Buyer through the Complaint will be able to request the Seller (i) to replace the Product/em with Defect(s) or (ii) to repair them free of charge for the duration of the Warranty if they are Long-Term Products ("Repair Measures").
6.12 The Buyer will not be able to require the Seller to take Remedies if they are impossible or disproportionate. Repair measures are considered impossible if the Seller cannot provide Identical Replacement Products (or spare parts for repair, as appropriate), including due to a lack of machinery or related technology. Remedial measures are considered disproportionate if they impose on the Seller costs 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 non-compliance and (iii) whether another remedy could be achieved without significant inconvenience to the Buyer.
6.13 The Seller will take the Repair Measures within 15 calendar days from the date on which, as the case may be, (i) the Buyer has notified the Seller of the Claim for Repair of the Long-Term Products or (ii) the Seller has received the Defective Products for which the Buyer has chosen to replace them. For clarity, in the case of Long-Term Products, the Buyer may claim their replacement, only after having previously requested the Seller to repair them in the Warranty, and after repairing the Product has broken down again without any fault on the part of the Buyer. The parties may agree on another deadline for the implementation of the Remedial Measures, but which does not exceed the 15-day deadline calculated according to this article. The Buyer has the obligation to send the Seller the Products for repair. The 15-day deadline will run after the Buyer sends the Products for Repair to the Seller.
6.14 Reasonable and well-founded remedies are carried out at no cost to the Buyer, costs necessary to bring the Products into conformity or their replacement, including postal, transportation, handling, diagnostic, expertise, dismantling, mounting, labor, materials used and packaging.
6.15 To the extent that the Seller refuses without any reason to take Remedies, although the Buyer has complied with the contractual terms and 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 may claim to the Seller (i) either the corresponding discount of the Price, (ii) or the termination of the Contract, in any of the following cases:
6.15.1 if it does not benefit from repair or replacement of the Product/products with Defect/e;
6.15.2 if the Seller has not taken the appropriate Repair Measure within a reasonable period of time other than that provided for in the Agreement;
6.15.3 if the Seller has not taken the Repair Measure within the time limit set out in Article 6.13 above, without significant inconvenience to the Buyer.
6.16 The Buyer will not be able to claim the termination of the Agreement if the lack of conformity is minor. The lack of conformity can be considered minor, the enumeration being illustrative, if: the packaging of the Product is degraded without affecting the qualities and properties of the Product, the continuous packaging minor wipes that do not affect the Buyer's information about 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 terms of this chapter, the Seller will refund the Price according to the provisions of the above chapter.
6.18 As a rule, the Warranty Term is the one provided by the Manufacturer. Under no circumstances shall the Guarantee be granted for a period of more 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 completing any deadlines provided here, the Buyer can benefit from Repair Measures only for Products with Hidden Vices and only if the Buyer has complied with the procedure regarding the Hidden Vices.
6.19 For the avoidance of any doubt, the Guarantee within the abovementioned terms shall be granted only for Products which by their nature may benefit from such a guarantee. Specifically, food/food supplements and cosmetics distributed by the Seller are excluded.
6.20 The Term of Guarantee extends with the duration of the Repair Measures, calculated from the date on which, depending on the Repair Measure undertaken:
6.20.1 The Seller has received the Product/e with Defect to replace them and until the date of receipt of the new Products by the Buyer,
6.20.2 The Seller has repaired the Long Use Products.
6.21 The commercial warranty is granted for Long-term Use 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.
7.1 Parties understand and undertake to fulfil their obligations and to exercise the rights provided for in these GTCs, in the Contract and/or in relevant regulatory acts, in good faith.
7.2 The buyer, as a natural person who has correlative rights and obligations, has the following rights:
7.2.1 right to order and receive the Products ordered in the Delivery Term;
7.2.2 Right of Withdrawal under the conditions laid down in the GTC and the Contract;
7.2.3 the right to reasonably claim any non-compliance of the Delivered Products;
7.2.4 the right to benefit from The Repair Measures under the conditions stipulated in the GTC;
7.2.5 the right to change the Delivery Address with the Seller's notice under the Contract and in compliance with the provisions regarding the cost of this change within the GTC;
7.2.6 the right to receive, under the conditions of the GTC and the Contract, the reduced Price or Price, as the case may be, in the event of the refund of the Seller's Products in compliance with the other provisions of the GTC and the Contract;
7.2.7 the right to reasonably request from the Seller and to receive from the Seller, free of charge, additional information regarding the Products and their use;
7.2.8 the right to address ANPC on matters relating to the Contract, under the law;
7.2.9 the right to unilaterally terminate or terminate the Contract;
7.2.10 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 Obligation to place Orders with the real intention of purchasing Products distributed by Seller;
7.3.2 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 of its identity;
7.3.3 obligation to receive and diligently verify each Ordered Product as well as the Package;
7.3.4 obligation to pay the Price, as well as any other amounts provided hereand under the terms of the Agreement;
7.3.5 obligation to complain to the Seller according to GTC any non-compliance and/or any Hidden Vice of one or more Ordered Products, as well as its options as appropriate;
7.3.6 obligation to allow the Seller to take Repair Measures;
7.3.7 obligation to return the Products for any reason, in the state in which it received them, if this is permitted under the GTC and this is its intention;
7.3.8 obligation to ask the Seller for additional information on the Products Ordered to the extent that he justifiably believes that such information is required. For clarity, this information must relate to the protection of 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 right to refuse Buyer's Order and/or Orders, according to GTC;
7.4.2 the right to choose any Carrier for the delivery of the Package;
7.4.3 the right to receive the Price, as well as any other amounts that are buyer’s duties, in accordance with these GTCs and those stipulated in the Agreement;
7.4.4 the right to withhold any due amounts and to refund to the Buyer only the Diminished Price, according to the GTC and the Contract in case of the refund of the Products under the conditions agreed in the GTC and in 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 documents and/or gifts given to the Buyer at the time of delivery of the Package;
7.4.6 the right to process, process, transfer and save the Buyer's personal data, in accordance with the policy presented on the Seller's website;
7.4.7 right to refuse to take Remedial Measures under the conditions set out in the GTC;
7.4.8 right to request and receive from the Buyer any information necessary to fulfil the contractual obligations; The Buyer's unjustified refusal to provide this information, absolves the Seller of fault for any damages suffered by the Buyer and/or any other third party (physical or legal person, regardless of nationality and/or form of organization and whether it is an authority, institution, autonomous direction 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, to the extent deemed necessary, to inform the Buyer in writing (regardless of the way) of these changes if they concern GTC, Contract or would concern future contracts;
7.4.10 the right to provide the Buyer with information on the Distributed Products and or any other news regarding the Seller's activity, for marketing purposes, if at the time of the Order the Buyer has chosen to do so. Once notified to this effect, the Seller will no longer pass on this information to the Buyer;
7.4.11 the right to transmit to any authority the Buyer's data or any other details in connection with it, if requested by those authorities in compliance with the legal provisions by these authorities.
7.5 The seller has the following obligations:
7.5.1 obligation to distribute Products that comply with all relevant legal provisions in relation to their nature;
7.5.2 obligation to confirm or not Buyer's Order, in this last situation being obliged to inform the Buyer of the reasons why he refused the Order;
7.5.3 obligation to deliver the Package under GTC conditions;
7.5.4 Obligation to receive Products returned by the Buyer who exercised his Right of Withdrawal, in the condition in which the Seller delivered them;
7.5.5 obligation to receive within the limits of the GTC, in the condition in which they were delivered by the Seller, the Products returned by the Buyer for the purpose of taking the Repair Measures;
7.5.6 obligation to take Repair Measures under the conditions stipulated in the GTC or, where applicable, to inform the Buyer of the reasons why he will not take Remedial Measures;
7.5.7 obligation to return The Ordered Products or other Products, as appropriate, after the implementation of the Repair Measures;
7.5.8 obligation to inform the Buyer of any changes to his identification data and/or other matters relating to the Contract or may concern future contracts;
7.5.9 obligation to cease to transmit information on Products generally distributed by the Seller, if received from the Buyer in writing, a request to this effect, in accordance with the procedure for withdrawing the agreement for the processing of data for commercial purposes, in accordance with the procedures presented on the Seller's website and in the context of telephone conversations with the Seller's representatives.
8.1 The contract by its nature is one with instant execution. However, since the Buyer is a consumer, the effects of the Agreement will cease, depending on the Product(s) purchased either (i) upon the expiry of the term for the exercise of the Right of Withdrawal or (ii) upon expiry of the Warranty in respect of these rights/obligations.
8.2 The contract may cease at the Buyer's initiative in one of the following situations:
8.2.1 when the Buyer exercises the Right of Withdrawal and the Seller receives the Products and all documents and gifts, as the case may be, accompanying them, in the condition in which they were delivered, refunding the Diminished Price or Price, according to The GTC and the Contract;
8.2.2 when the Buyer exercises his right to unilaterally denounce the Contract;
8.2.3 when the Buyer terminates the Contract under the conditions set out in the GTC.
8.3 The Seller will be able to claim from the Buyer any damages caused by the Latter, either to the Seller directly or to the Seller's collaborators (regardless of the form of collaboration) as a result of the Buyer's failure to fulfil his contractual obligations in good faith and/or as a result of the Buyer's abusive exercise of his rights. The damages that the Seller may claim from the Buyer may relate to, without being exhaustive, the consideration of the Products improperly returned by the Buyer to the Seller, for whatever reason, and other costs in connection with this matter, including transport costs, image damage to the Seller, fines, taxes, taxes and the like, paid by the Seller as a result of abusive actions of the Buyer in the exercise of his legal and contractual rights (abuse of procedural rights), including possible legal costs (legal fees, public notaries, court executors, judicial stamp duty, expert fees), even if the procedure initiated by the Buyer is not a contentious one regardless of the competent forum or court ("
8.4 With respect to Damage and its amount The Seller will notify the Buyer in writing (including by e-mail) asking him to pay them within 14 calendar days from the date of receipt of the notification.
8.5 To the extent that the Buyer does not comply with the seller's notice, the Buyer will (i) apply to the total amount of the Late Penalty Damages in the amount of 0.5% per day of delay until the actual payment of the Damages and (ii) will be able to initiate any legal action against the Buyer for the recovery of the Damages that the Buyer declares that it understands and expressly accepts as a fair compensation resulting from its actions.
9.1 Before addressing ANPC and/or the courts the Buyer must notify any complaint to the Seller for the purpose of amicably resolving any dispute. If within 30 days of the date on which the Buyer received the Seller's reply or should have received it (i.e. within the time limits stipulated in the GTC) to the Complaint communicated to the Seller, then the Buyer may refer the matter directly to ANPC, or directly to the competent court.
9.2 The ANPC referral does not infringe the Buyer's right to address the ANPC directly or after referral to the courts.
9.3 Disputes concerning any matter relating to the GTC or the Contract are the responsibility of the courts according to the legal provisions applicable at the time of the conclusion of the Contract or the referral to the court, or in the light of the transitional legal provisions that may arise in the event that the relevant current legislation is subsequently amended.
9.4 GTC and The Contract are governed by Romanian law.
10.1 The Buyer understands and accepts, prior to the conclusion of the Agreement, that his personal data be processed by the Seller for the purpose of fulfilling his contractual obligations. The Buyer also declares that he has been informed in advance of the conclusion of the Agreement regarding the Seller's personal data protection policy, has read and accepted this policy, knowing that he has the right to request additional information from the Seller in connection with this matter. The Personal Data Policy can be found by accessing COMPLETMEDICAL.RO. Buyer also knows and accepts that he has been informed by the Seller prior to the conclusion of the Contract that he may refer the matter to the National Supervisory Authority for the Processing of Personal Data prior to the conclusion of the Contract. This information is also available by accessing the https://www.dataprotection.ro/ directly from the Seller's website.
10.2 The Buyer expressly accepts that (i) the Seller may modify any terms and conditions relating to the relationship with the Buyer and will inform the Buyer accordingly about them, by publishing the online changes on the address of the COMPLETMEDICAL.RO, the Buyer having the right to notify the Seller that he does not accept these changes within the terms stipulated in the Agreement. The non-contestation of these changes represents the Buyer's tacit agreement on these changes; (ii) The Seller is entitled to Damage under the Agreement; (iii) The Seller will be able to pay the Reduced Price under the Contract; (iv) The Seller has the right to refuse a Buyer's Order or Orders as well as the Seller's right to stop the delivery of certain Products or the temporary or non-temporary impossibility of delivering them; (v) The contract is governed by Romanian law; (vi) The seller may exercise the shares and undertake the measures to which he is entitled provided for in Chapter 6 of the GTC on Guarantees; (vii) has understood and accepts clause 7.4.7 of Article 7 of the GTC (viii) The Seller may refuse to refund the Price and/or take over the Product if the conditions listed in the Agreement and The GTC are not met.
10.3 The Buyer declares that, prior to the conclusion of the Contract, he has been informed by the Seller and has understood that he can refer the matter to ANPC at any time, the details of this matter being available and by accessing the 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 has been informed by the Seller and has understood that he can register a user account on the Seller's website COMPLETMEDICAL.RO, the conditions of its use being laid down on the above mentioned website.
10.5 The Buyer expressly declares and accepts that he will not be able to attract the Seller's liability if one of the following is proved:
10.5.1 it is not the Seller 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 at the time the Product was put into circulation or occurred after the Product was put into circulation, for reasons not attributable to the Seller;
10.5.3 The product was not manufactured for sale or for any other form of distribution for the economic purpose of the manufacturer and was not manufactured or distributed in 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 the product's release did not allow the detection of the defect in question;
10.5.6 The defect is due to the Buyer's failure to comply 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 installed or to the instructions given by the manufacturer of the Buyer's Product;
10.5.8 the defect is due to the improper use of the Product by the Buyer;
10.5.9 the damage is the result of the actions or inactions of other suppliers, such as electricity and its abnormal fluctuation, gas, telephony;
10.5.10 Fault for damage caused by the Product rests with the Buyer.
10.6 The Buyer declares that he has been informed, prior to the conclusion of the Contract by the Seller, by these GTC and other public information of the Seller, and that he has understood and assumes that the Products distributed by the Seller consisting of Products that can be considered (i) dietary supplements, (ii) food and/or (iii) cosmetic products do not replace a balanced lifestyle and do not cure certain ailments on their own.
10.7 The Buyer shall inform the Seller immediately (no later than 48 hours after the date of the reaction finding) of any allegedly unusual reactions he may have encountered using Products distributed by the Seller that may be considered (i) dietary supplements, (ii) food and/or (iii) cosmetic products. The Buyer will send the Seller all information regarding these reactions correctly and completely and will answer any questions of the Seller about this allegedly unusual reaction.
10.8 The Buyer will inform the Seller immediately (no later than the date of the finding) of any request from third parties who claim to distribute the Products distributed by the Seller and/or who claim to be affiliated with the Seller. The Buyer will also inform the Seller under the same conditions as before, and if third parties communicate to him in any way, any disparaging statements against the Seller and/or the Products distributed by him. In both cases, the Buyer will provide the Seller with all the details and will answer any questions from the Seller regarding these matters. Furthermore, the Buyer understands that by agreeing to work with the Seller, the public safety regarding the sale of consumer goods is ensured, and an abusive refusal of the Buyer could lead to the payment of compensation against both the Seller and the third parties, since the Buyer also has a legal obligation to help identify any persons in order to avoid endangering public safety.
10.9 The Buyer can contact the Seller at BUCHAREST, SECTOR 2, Str. Alexandru Paulescu No. 35, the Seller being a company registered in the Trade Register near the Bucharest Tribunal under No. J40 / 1075 /2020, with registration code 43315053. The Buyer can also contact the Seller by phone at 0219346 or by e-mail at CONTACT@COMPLETMEDICAL.RO, as well as using the contact form accessible online at COMPLETMEDICAL.RO/contact.
10.10 The Buyer may at any time access the following websites, which have been communicated to him by the Seller and/or may have been known to the Buyer prior to the conclusion of the Agreement, at any time for the purpose of informing and/or defending his interests:
10.10.3 http://www.anpc.gov.ro/; https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=RO;
10.10.7 Details of contacting the Seller, delivery of the Products, payment methods accessible at COMPLETMEDICAL.RO.
10.11 The Buyer expressly declares and accepts that he has concluded with the Seller, with the acceptance of the Order by the Latter, a Remote Contract, and that a copy of it has been delivered in "hardcopy" format to the Buyer along with the Package, along with the other documents accompanying the Products. Specifically, the Buyer declares that he has been informed by the Seller of the contractual conditions prior to the transfer of the Order by the Buyer to the Seller, the Buyer accepting the contractual terms, for which reason he has freely decided to conclude the Contract received with the Products and understands the legal consequences of this Contract and implicitly of GTC.