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TERMS AND CONDITIONS FOR Salefood-app SHOP “Salefood-app”

Effective as of July 6, 2017

1. Who we are

We are Salefood-app Romania (Company Registration No. ro24914137), trading as www.Salefood-app.com (“Salefood-app”).

2. Definitions

In these Terms and Conditions:
"Account" means the Salefood-app account that you will need to register for on the Site if you would like to submit an Order on the Site; ”Order Confirmation" means our email to you, in which we acknowledge your Order in accordance with clause 6.2 below; "Business Day" means a day which is neither (i) a Saturday nor Sunday, nor (ii) a public holiday anywhere in Romania;
"Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 6.2 below;
"Order" means the Order submitted by you to the Site to purchase a Product/Package from us;
References to "clauses" are to clauses of these Terms and Conditions;
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
References to "includes" or "including" or like words or expressions shall mean without limitation.

3. Eligibility

To place an Order with Salefood-app you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with Salefood-app only with involvement of a parent or guardian.

4. PROHIBITIONS

You must not misuse this Site. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other material on the Site which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s propriety rights; send any unsolicited advertising or promotional material; or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Site. Any breach of this provision would constitute a criminal offence under the Computer Misuse and Cybersecurity Act 2013. In the event such breach occurs, Salefood-app will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.

5. ENTIRE AGREEMENT

5.1 These Terms and Conditions shall apply to all Orders made or to be made by us for the sale and supply of Products. These Terms and Condition constitute the entire agreement between you and Salefood-app and supersede any and all preceding and contemporaneous agreements between us.
5.2 You acknowledge that, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.

6. TERMS OF SALE

6.1 Registration
(a) To place an Order, you must register with us by creating an Account on the Site. You must only submit to us information which is accurate and true. You must also keep your information up to date by informing us of any changes, by using the relevant sections of the Site.
(b) You shall not misuse the Site by creating multiple user accounts.
6.2 Formation of a Contract
(a) The information set out in the Terms and Conditions and the details contained on this Site do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Products shall exist between you and us until you made an order ower our site (Salefood-app.com).
(b) To submit an Order, you will be required to follow the online shopping process on the Site. After this you will receive an Order Confirmation which will act as an acknowledgement of your Order.
6.3 Price and Payment
Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur. If we discover an error in the price of any Products which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you we will treat the Order as cancelled. If you cancel your Order before we have shipped it to you, and you have already paid for your Order, you will receive a full refund. (a) We are under no obligation to fulfil your Order if the price listed on the website is incorrect (even after your Order has been acknowledged by us).
(b) You can pay using any of our payment partners listed on our homepage.
(c) To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your Order we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. Order will not be confirmed until this pre-authorisation check has been completed. Your card will be debited once we have sent you the Order Confirmation. Cards are subject to validation checks and authorisation by card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
(d) Upon authorisation of the payment, by clicking the “Order now” button you are confirming that the card belongs to you or that you are the legitimate holder of the e-gift card or the promotional voucher, and have sufficient funds or credit facilities to cover the cost of the Product.
6.4 Mistaken Orders
If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact office@salefood-app.com immediately. We will try our best to process your request.
6.5 Refusal of Order
We reserve the right to withdraw any products/package from this Site at any time and/or remove or edit any materials or content on this Site. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you. We will not be liable to you or any other third party by reason of our withdrawing any product/package from this Site, whether it has been sold or not, removing or editing any materials or contents on this Site or for refusing to process or accept an Order.

7. DELIVERY

7.1 We aim to deliver the product to you at the place of installation requested by you in your Order and the delivery time indicated by us at the time of your order checkout (as updated in the Order Confirmation).
7.2 To the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
7.3 Upon delivery of the Product, you may be required to sign for installation. You may contact Salefood-app Customer Service Team at +40 742 639 109 or office@salefood-app.com in case of any faults, defects or damage. You shall be able to provide the documents delivered with the Product, upon request.
7.4 Please note that it might not be possible for us to deliver to some locations in which event, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative installation address.
7.5 We deliver in our standard packaging/transportation. 7.6 All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract (for e.g. see 7.8 below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. Any breach of obligations by you, might impact your ability to shop on Salefood-app in the future.
7.7 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for any fee and other costs reasonably incurred by us;
(b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 7.7 (a) above).
You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

8. RETURNS AND REFUNDS POLICY

8.1 If you are not completely satisfied with your purchase, you may return the Product to us within thirty (30) days of receipt. The Product shall be un-used, Product tags shall not be tampered with, and the Product shall be in the original brand packaging (if applicable). This policy is applicable only to those products which do not fall under the list of non-refundable brands/items provided on our Site.
8.2 You shall ensure that the Product is sent to us in the same condition as it was when received by you and is packaged properly. In the event that an item is returned to us in an unsuitable condition, we reserve the right not to accept returns and send the Product back to you.
8.3 We provide a pre-paid return shipping service to ensure the best possible online shopping experience for you. Please refer to the pre-paid shipping label in the parcel sent to you. If you are unable to find the pre-paid shipping label, please call our Customer Service Team at +40 742 639 109

9. FAULTY PRODUCTS

9.1 All Product descriptions, information and materials posted on this Site are provided ‘as is’ and without warranties express, implied or otherwise howsoever arising.
9.2 Product image as seen on the Site may slightly differ from the actual Product that you receive.
9.3 If the item you receive is faulty, please contact our Customer Service Team and provide your Order number, your name and address, details of the Product and the reason for return, and whether you require a refund or a replacement.
9.4 In the event the Product returned is not faulty, we may at our discretion decide not to repair, replace or refund you for the Product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.

10. DISCLAIMER OF LIABILITY

The content displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Salefood-app and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

11. INDEMNITY

You agree to indemnify, defend, hold harmless Salefood-app, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of this Site or your breach of the Terms and Conditions.

12. PERSONAL DATA PROTECTION

Please see our Privacy Policy, which forms a part of these Terms and Conditions.

13. CIRCUMSTANCES BEYOND OUR CONTROL (FORCE MAJEURE)

13.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
13.2 In the circumstance that the Force Majeure Event lasts for more than one week, either you or we may terminate the Contract forthwith by written notice and without any Liability other than a refund of a Product already paid for by you and not delivered.
13.3 If we have Contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of a Force Majeure Event, we may decide at our absolute discretion which Contracts we will perform and to what extent.
13.4 We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the Contract despite the Force Majeure Event.

14. NOTICES

14.1 We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. However, continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
14.2 When you submit an Order to the Site, you agree that you do so subject to these Terms and Conditions current at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
14.3 Any notice under a Contract shall be given in writing through either letter or email to the relevant party at the address or email address last known to the other.

15. INTELLECTUAL PROPERTY

15.1 All content included in or made available through our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is protected by copyright laws and treaties around the world. All such rights are reserved. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise. 15.2 You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

16. ADVERTISING ON THE SITE

We shall use our reasonable endeavors to comply with any relevant regulations relating to the Site

17. WAIVER

We shall use our reasonable endeavors to comply with any relevant regulations relating to the Site

18. SEVERABILITY

If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.

19. RELATIONSHIP

Nothing in these Terms and Conditions shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.

20. GOVERNING LAW

These Terms and Conditions shall be governed and construed in accordance with Romanian Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Romanian Courts. All correspondence between us shall be made or conducted in the English language.

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