Preamble

In this document, the following terms used in capital letters shall have the meanings specified below.

Caution!!! If the User does not agree to the Terms and Conditions of website use, he is respectfully asked to leave the website.

Definitions

TRADEMARKS: means registered trademarks.

SITE: means the Internet website owned by the Seller, which is located at the address hobbychef.ro, through which the USER has access to information about the services and products offered / provided by hobbychef.ro.

The SELLER / PROFESSIONAL is, in fact, S.C. BILANCIA EXIM S.R.L., headquartered in Corbeanca commune, Petresti village, 46 Balantei street, room C1, Ilfov county, registered with the Trade Registry Office attached to the Court of Ilfov under the No. J23/2223/2010, having the sole code of identification RO 3968479.

USER: is the person who accesses the SITE, for private or professional purposes and who has accepted the TERMS AND CONDITIONS of this SITE, therefore fulfilling any and all requirements of the registration process.

ABUZIVE USE: means using the SITE in a manner contrary to the practice in the field, to the regulations and the legislation in force or in any other way that may cause harm to the Seller.

The information published on SITE is information of general interest about the Seller and the products marketed by the Seller and his partners and other information considered by the Seller to be of interest to the USERS.

1. The information is usually made available free of charge to USERS. The Seller hereby reserves the right to implement certain services on SITE that will be offered against fee to its USERS.

The Seller is the owner of any and all intellectual property rights on the SITE, namely on its design and content as well as of any and all Trademarks registered in the name of and published on hobbychef.ro.

2. The USER has the obligation to observe any and all intellectual property rights of the Seller, provided for by the legal norms in force.

3. The USER hereby undertakes to access and use the SITE for purposes and by means that shall not represent abusive use.

4. Liability for SITE content: the Seller is not and cannot be held liable for damage caused by errors, inaccuracy or missing update of the information published or kept on the SITE, which are not due to the Seller’s own fault. The USERS may obtain detailed and up-to-date information via fax, telephone, e-mail.

5. The characteristics of the products presented on SITE are taken over from / made available by manufacturers and/or suppliers and the Seller does not take liability for the accuracy of such information.

6. The prices of the products on this SITE are informative and may be submitted to unannounced changes. The promotions presented on SITE are valid during the period of time mentioned; if a period of time is not mentioned, then the promotions are only valid within the limits of the available stocks.

7. All products presented on this SITE are available within the limit of the available physical stock. If the stock is exhausted, then the Seller's representative shall offer alternatives by presenting other products similar as appearance and technical specifications to the ordered product that stock was exhausted.

The images are also presented on SITE as example, and delivered products may be different, in any way, due to the change of features or design without prior notice by manufacturers.

The consumer shall inform the Seller about the lack of conformity within two months from the date of becoming aware of it. Until proven otherwise, the lack of conformity occurring within 6 months from the delivery of the product shall be presumed to have existed at the time of delivery, unless the presumption is incompatible with the nature of the product or of the lack of conformity.

A product cannot be considered defective only because an improved similar product subsequently appeared in the market. The Seller hereby reserves the right to amend and change any information on the SITE.

8. Any issue caused by the products and/or services presented on SITE shall be amicably settled within 15 working days from the date of the written referral of the issue by the USER. Otherwise, the competence for any and all disputes lies with the courts of common law at the Seller's headquarters.

9. The Seller shall not be liable for any loss, cost, lawsuits, claims, expenses or other liability whatsoever if they are directly caused by breach of the Terms and Conditions.

10. The Seller shall not liable for any damage caused by Site failure or for damages resulting from the impossibility to access various links published on the Site.

11. The Seller shall not practice or encourage the transmission of commercial notifications by electronic mail, unless the recipient of such message has given his/her prior express consent for such notifications. By accepting and using this site,

11.1. Any commercial notifications served shall comply with at least the following conditions:

(a) shall be clearly identifiable as such;

(b) the natural or legal person on whose behalf they are made shall be clearly identified;

(c) promotional offers, such as discounts, prizes and gifts, shall be clearly identifiable and the conditions to be met for obtaining them shall be easily accessible and clearly described;

d) promotional competitions and games shall be clearly identifiable as such and the conditions of participation shall be easily accessible and clearly described;

e) any other conditions ruled by the legal norms in force: please read here the provisions of Law No. 365/2002 regarding electronic commerce. The texts of the legal norms published on the site may undergo many changes from the date of their publication in the Official Gazette.

11.2. The subject of e-mail messages, which are commercial notifications, shall begin with the word "ADVERTISEMENT" in capital letters.

Commercial notifications shall include at least the following information about the person on whose behalf they are made:

(a) full name or denomination;

b) personal number code or sole code of registration, as appropriate;

(c) address or headquarters;

d) telephone and fax numbers;

e) e-mail address.

11.3.The recipient of commercial notifications (the User) has the right to revoke their consent to receive such notifications by simply notifying the Seller.

The Seller is bound to implement a procedure free of charge, accessible even by electronic means, by which the recipient is able revoke their consent. The procedure may be found here. Revocation of consent by electronic means shall become effective within 48 hours from the procedure initiation.

12. Unless otherwise agreed by the parties, the agreement shall be deemed to have been executed when the acceptance of the offer to contract has come to the User's attention.

13. Before the date set-up for the delivery of the ordered products, the Buyer has the possibility to view them and check the condition and technical specifications of the products, in the showroom located at the Seller's headquarters. If the Buyer does not exercise this right, the sale / delivery shall be made on the Buyer's responsibility, the Seller being exempted of any liability whatsoever in this regard.

The Seller provides and serves the User, before the execution of any agreement / order, with information about:

a) the identity of the trader and, if the agreement is with advance payment, the address and contact details of the trader, telephone / fax number, e-mail and sole code of registration;

b) essential characteristics of the product and/or ancillary service/services, where appropriate;

c) the price of the products and/or price of ancillary services, with all taxes included;

d) delivery cost, where appropriate;

e) the methods of payment, delivery and/or supply;

f) the right to unilaterally terminate the agreement, except for the cases provided by the Emergency Ordinance No. 34/2014, on consumer protection in the remote execution and implementation of agreements; the text of the legal norm may be found here; The texts of the legal norms published on the site may undergo many changes from the date of their publication in the Official Gazette;

The conditions and procedures for the exercise of the right of unilateral termination, in the cases provided by the Emergency Ordinance No. 34/2014, on consumer protection at the remote execution and implementation of agreements, are expressly stated in the following form: "the consumer shall have a period of 14 days to withdraw from a remote agreement or from an agreement outside the commercial quarters, without having to justify the withdrawal decision and without incurring any costs other than those referred to in Articles 13(3), 14, and 9 of the Emergency Ordinance 34/2014."

g) the cost of using the remote communication method, if it is calculated differently than in accordance with the basic price;

h) the period of validity of the offer or price;

i) minimum duration of the agreement, in case of agreements providing for current or periodical supply of a product or service;

j) the deadline for the fulfilment of the contractual obligations;

k) information on after-sales service and the guarantees provided;

14. It is the User responsibility to bear the cost of product returning. The period of 14 days provided for the exercise of this right shall begin to run from the date of product receipt by the User, if the provisions of Article 46 of the Emergency Ordinance No. 34/2014 on consumer protection at the remote execution and implementation of agreements are observed.

14.1. If the professional failed to inform the consumer about the right of withdrawal pursuant to Article 6 (1) (h), then the withdrawal period shall expire within 12 months after the end of the initial period of withdrawal of 14 days.

(2) If the professional provided the consumer with the information referred to in paragraph (1) herein within 12 months from the date referred to in Article 9(2), then the withdrawal period shall expire within 14 days from the date on which the consumer receives such information.

15. In the event of exercise of the right of unilateral termination of the agreement by the consumer under the terms and conditions of the Emergency Ordinance No. 34/2014 on consumer protection at the remote execution and implementation of the agreements, the Seller is bound to refund the amounts paid by the User, without asking the User for the expenses related to the amounts refund. The refund of the amounts will be made within 7 days from the date on which the consumer has notified the professional about the consumer’s decision to terminate the agreement.

16. Caution!!! The user shall not be able to unilaterally terminate the following types of agreement, unless the parties have agreed otherwise:

(a) agreements for the supply of products or services that the price depends on fluctuations in the prices of the financial market which cannot be controlled by the Seller;

(b) agreements for the supply of products executed according to the User's specifications or for the supply of distinctly customised products, as well as agreements which, by their nature, cannot be returned or which may rapidly degrade or deteriorate;

17. The seller observes and promotes the provisions that lay down the specific conditions for guaranteeing the right to the protection of private life with regard to processing of personal data in the electronic communications sector.

17.1. Storage of information or gaining access to the information stored by the Seller is only allowed if the following requirements are met:

a) The user in question has agreed;

b) The user in question has been provided, prior to expressing his/her consent, in accordance with GDPR provisions, with clear and complete information, which is presented in a language that is easily understandable and accessible to the User, and which includes mentions of the purpose of processing the stored information.

17.2. Therefore, all data and information requested for the purpose of use and access to the site shall be  obtained directly from the User.

17.3. The supply of data and information needed to access, to create an "user name", to obtain the password, to access marketed products and/or services, ancillary services, is optional and shall only be done with the User’s prior consent.

17.4. The User shall have the right to object at any time, for ground and legitimate reasons related to the User’s special situation, that the data related to the User’s situation are processed, unless otherwise provided by law.

Caution!!! If the User does not agree to supply the data and information needed to access and use the site, then the User shall be respectfully asked to leave the site.

18. The right of return within 14 days is regulated by the Emergency Ordinance 34/2014 on consumer protection in case of remote execution and implementation of agreements.

The right of return within 14 days is addressed to natural person customers who have purchased products online from the hobbychef.ro site.

The customer has the right to unilaterally and remotely terminate the agreement, within 15 working days, without penalties and without invoking any reason whatsoever. The only cost that may fall under the consumer is the direct cost of product return.

Waiving the purchase within 14 days is only valid for products ordered online and delivered by courier. The right to waive the purchase shall not apply to legal persons.

19. How to register the product return application and how to obtain the return registration number

19.1.The buyer must fill-in the Return application.

19.2. The Return application shall include information at least regarding: - the order number and date of order issuance; - buyer data: last name and first name, e-mail address used to register the account and to place the online order with hobbychef.ro - the series and number of the tax invoice, the issuance date of the tax invoice proving the purchase of the product/products; - the causes/reasons that led to product return procedure - optional;

19.3. Copies of the following documents must be attached to this e-mail: copy of the tax invoice, copy of delivery note of the products and/or AWB;

19.4. The Return application shall only be approved and recorded in the system if the requested data are correct and complete and if it meets the mandatory requirements of the return procedure for purchased products;

19.5. Within not more than 24 hours the buyer shall receive an e-mail with the registration number of the return application as well as any other details regarding the return procedure.

20. Return requirements

The returned product must:

- be in the same condition as it was delivered;

- be in the original packaging with all related accessories and consumables (if applicable, including manuals, CD/DVDs, certificates of conformity and warranty, etc.);

- not show any signs of wear, change or consumption in the case of both products and accessories and/or consumables accompanying the returned products;

- with the guarantee labels intact and with the original documents that accompanied it (tax invoice, delivery noted, certificate of warranty, certificate of conformity, etc.);

21. Finding and validating product(s) return acceptance

21.1. After the arrival of the product/products at the Seller's location, the specialized technical staff shall check and ascertain whether the return procedure is applicable to the received products. The verification and finding is made on the basis of the Buyer’s return application and on the mandatory requirements of the return procedure for purchased products;

21.2. The final results found shall be served to the Buyer via e-mail, within not more than 24 hours from receiving the product/products, results which shall also specify any special fee applied, if any, in the product return process (see section - Special costs and charges for product(s) return);

21.3. Based on the results found and served, the Buyer has the obligation to supply by e-mail the Buyer’s acceptance or observations regarding the notified results, in order to continue the product return process.

22. Service and warranty. In case of products that fail in the warranty period but do not meet the mandatory requirements of the return procedure for purchased products (see section - Product Return Acceptance Requirement), the buyer must write to contact@hobbychef.ro in order to be redirected to the Seller's authorized service locations.

23. Product replacement. For purchased products that meet the mandatory requirement of the return procedure and that involve product replacement, the Seller shall replace the product with a new one of the model specified in the original order of the buyer. If the replacement is agreed with a product of the same category of a higher value, then the buyer shall pay the difference, respectively, if the product value is lower, then the buyer shall receive a partial refund up to the value of the replacement product.

24. Special costs and charges for product(s) return

Costs incurred by the buyer:

- Product return and courier costs if the buyer gives up the purchase of the product within 14 working days from the receipt of the product;

- Courier transportation cost for the buyer's option to re-ship the product that has been found by the seller as not meeting the mandatory requirement of the product return procedure.

24.1. Costs incurred by the seller:

Return and courier transportation costs for the product at the receipt of which the buyer finds that:

- the product does not match the specifications of the seller's offer;

- the product does not match the specifications of the buyer's order;

- the product is not functional within the first 24 hours after receipt or the packaging shows signs of damage.

25. Refund of amounts. The amounts’ refund shall be made no later than 7 days after the date of agreement termination by the consumer.

25.1. The above-mentioned product return policy only applies to products ordered online on hobbychef.ro that have been received by the natural person buyer through courier transportation.

25.2. The above-mentioned product return policy shall not apply to products ordered / purchased from the Seller's stores. For products ordered/purchased in the Seller's stores, the product return procedure of the location where the sale documents were issued shall apply.

25.3. In case of products that the packaging shows visible signs of damage upon receipt by courier, the buyer is asked to refuse their receipt.

25.4. Products ordered online on bexon.ro are only delivered sealed in original packaging from the manufacturer / Seller. For some product categories, if applicable, the Seller may deliver in additional packaging to protect the original packaging.

26. Costs and delivery time in Romania

26.1. For orders exceeding Lei 250, the transportation is free of charge and shall be carried out by fast courier, anywhere in the country, for packages with a maximum weight of 15 kg.

26.2. If the customer chooses to pick up the products from the seller's premises, then the transport fee is 0 (zero).

26.7. For products ordered by legal entities and picked up from one of the seller's points of sale, it is necessary to present an authorization for picking up the products.

26.8. In case of return of the products ordered and paid, the cost of transportation shall not be refunded.

Payment methods

Cash on delivery

You can pay cash on delivery to the courier at the time of delivery of the product.

Online payment with bank card

You can choose online payment, directly on the website, by bank card when placing your order. In this case, you will be redirected to the payment processor validation page for payment.