TERMS AND CONDITIONS WHILE USING OUR WEBSITE
1. DEFINITIONS AND TERMS
ROK –the trade name of ROK Forklift Parts, trade mark registered by SC ROK INDUSTRIES SRL, legal entity of Romanian nationality, headquartered in Brasov, Stejerisului Street No. 14, Romania, 500122, registered in the Companies Register under No. J8/465/2013, tax identification number RO31402520.
Vendor – ROK
Purchaser –any private individual/ commercial entity or any other legal entity that creates an Account on the Website and places an Order.
Client – any private individual/ commercial entity or any other legal entity that has or gets access to the Content by any means of communication placed at his disposal by ROK or based on a membership agreement between ROK and the latter and which requires that an Account shall be created and used.
User –any private individual/ commercial entity or any other legal entity that by completing the process of creating a new Account Account on this Website agrees to the following Terms and Conditions.
Account – the Website section consisting of a User name and a passwordwhichallows the Purchaser to send an Order, and which consists of information about the Client/Purchaser and his Website purchasing history (Orders, invoices, etc.).
Website – the www.rok.ro domains and their sub-domains.
Order – an electronic document used in the communication between Vendor and Purchaser, by which the Purchaser transmits to the Vendor his intention to purchase Goods or services on the Website.
Goods – any product or service that is to be supplied by the Vendor to the Purchaser in compliance with the provisions of the concluded contract.
Contract – represents the remote Contract concluded between the Vendor and the Purchaser, without the simultaneous physical presence of the Vendor and of the Purchaser, allowing the Purchaser Client to place an Order, followed by an e-mail confirmation sent by the Vendor.
Content :
– all the information on the Website that can be visited and visualized or accessed in any other way by using electronic equipment;
– the Content of any e-mail sent by the Vendor to the Purchasers by electronic means and/or any other available means of communication;
– any information communicated by any means of communication to the Purchaser by any employee/co-worker of the Vendor;
– information referring to the Goods and/or services and /or the prices charged by the Vendor at a certain period of time.
Document – the present terms and conditions.
2. GENERAL PROVISIONS
2.1. Whenever the Purchaser places an Order he has to agree to the terms and conditions stipulated on this Website for the sale of Goods and services.
2.2. By registering an Order on this Website the Purchaser agrees to the type of communication (telephone and/or e-mail) the Vendor carries out his trade operations.
2.3. Any Order shall be confirmed by e-mail or fax.
2.4. Certain changes in product specifications or substitutions of materials used in components shall be accepted if these changes do not affect the characteristics of the products and the substitute materials used for the components are of equivalent quality.
3. CONTACT FORMS
3.1. Any Client/Purchaser will be allowed to have access to place an Order. ROK will be fully justified in restricting the access of the Client/Purchaser to place an Order and/or to some of the accepted terms of payment if they consider that, based on the behavior or activity of the Client/Purchaser on the Website, his actions might be detrimental in any way to ROK. In any of these cases, the Client/Purchaser may appeal to the Customer Service Department of ROK in order to be informed referring to the reasons why the above-mentioned measures were taken.
3.2. All information used to describe the Goods available on the Website (static/dynamic images/multimedia presentations, etc.) do not represent any contractual obligation on behalf of the Vendor, they being used just for presentation.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1. The Content, as defined in the preamble, including but not limiting to own logos, own stylistically improved pictures and fonts, own static and dynamic images, text and/or own multimedia Content presented on the Website are the exclusive property of ROK, all rights being reserved to them.
4.2. The Client will not be allowed to copy, distribute, publish, transfer to third parties, change and/or otherwise alter, use, link to, expose any Content in any other context than the original one intended by ROK, remove the ROK copyright symbol on the Content, as well as to participate in transferring, selling, distributing materials achieved by reproducing, modifying or displaying the Content without ROK’s express written consent.
4.3. The Client is allowed to copy, transfer and/or use the Content only for personal or non-commercial purposes, only if these activities do not infringe the provision of this contract.
4.4. The Purchaser acknowledges that the Vendor remains the exclusive holder of all intellectual property rights referring to the products, name and logo under which they are sold by the Vendor.
4.5. Any use of the Content is forbidden for any other purposes than those permitted in accordance with the provisions of this document.
5. PURCHASE ORDER
5.1. The Client may place purchase Orders on the Website by adding the required Goods to cart. Adding a product to cart without finalizing the purchase Order does not entail the registration of the Order, the automatic reservation of the product either.
5.2. By finalizing the Order, the Purchaser acknowledges that all identification and banking data given by him, required by the purchasing process, are correct, complete and true when placing the Order.
5.3. By finalizing the purchase Order, the Purchaser agrees to his being contacted by the Vendor by any means accepted by the latter, under any circumstances requiring the Purchaser be contacted.
5.4. The Vendor may cancel the purchase Order placed by the Purchaser, based on an advance notification given to the Purchaser, without any subsequent obligation of either party thereof or without any party being allowed to claim damages from the other.
6. PRICE OF PRODUCTS – PRICE QUOTES
6.1. The products are priced in euro (EUR), exclusive of VAT, transport , import or export duties and taxes .
6.2. Any price quote transmitted by ROK will be based on the current prices at the date the quote is communicated, having a validity of 30 calendar days from the date of the quote.
6.3. Any price quote transmitted by ROK does not include specific costs such as charges, picking up of Goods, transport or costs for additional insurance, all these costs being additional to the price communicated.
6.4. All additional costs will be exclusively paid by the Purchaser.
7. INVOICING – PAYMENT
7.1. The Vendor will transmit the Purchaser the invoice corresponding to the purchase Order consisting of the ordered products, in electronic form exclusively, by adding the invoice to the Purchaser’s Account, or by e-mail to the e-mail address mentioned by the Purchaser in his contact details.
7.2. For the proper transmission of the invoice corresponding to the purchase Order, the Purchaser shall update the data from his Account whenever necessary, access the information and documents corresponding to each Order present in his Account.
7.3. The payment terms will be mutually agreed upon by the contracting parties.
7.4. For all the new Clients who have no Client Account, any payment will be made in advance, the day corresponding to the confirmation of the Order.
7.5. All the issued invoices are payable (in accordance with the terms and data in the invoice) and, under no circumstances will the Client be entitled to make any deduction and/or compensation and/or withhold payment, irrespective of the reasons set forth.
7.6. Without causing prejudice to any other right of the company, if the Client does not pay for an invoice at the due date, any discount provided for in the invoice or mutually agreed upon will not be granted, and the Purchaser shall pay the whole price, without any discount.
7.7. The Client will pay interest (at a rate exceeding by 3% the standard legal interest rate) for any outstanding amount from the due date of the invoice to the date of payment. In addition, the Client shall reimburse the company for all the costs and expenses (legal costs included) incurred by the company in collecting any debt.
8. DELIVERY
8.1. The delivery terms are orientative, but ROK will always try to observe the terms of delivery communicated.
8.2. In case of delay or impossibility of fulfilling the contractual obligations as a result of: governmental orders; force majeure; acts of terrorism; war; global epidemics; demonstrations; strikes; fire; floods; explosions; lack of raw materials or labor; worsened economic conditions; vandalism; extraordinary weather conditions or any other facts or circumstances beyond the Vendor’s control that might disturb the normal procedures, the Vendor reserves the right to unilaterally terminate the Contract by an officially registered letter without any additional costs for either party.
8.3. The Vendor will ensure the proper packing of the Goods and the transmission of all accompanying documents.
8.4. ROK will not be responsible for any penalty, loss, personal injury, damage or additional expenses resulting from any delay in transportation or from the improper handling of the Goods during transportation. Moreover, these exceptional situations do not entitle the Client to refuse to accept the Ordered Goods.
9. TRANSFER OF PROPERTY IN GOODS AND RISKS
9.1. From the moment the products are taken over by the transporter and up to the moment they are delivered to the Purchaser, all the risks fall upon the Purchaser.
9.2. The products remain in the ownership of the Vendor until the delivered products are fully paid.
9.3. The Purchaser will not be entitled to sell the purchased products up to the moment the ownership is transferred to him.
9.4. The Purchaser commits himself to keep the received products in the condition they were delivered and to spare no effort to protect them against any form of partial or total damage until the purchased Goods are fully paid, their ownership is transferred to the Purchaser, respectively.
10. RETENTION OF TITLE
10.1. In the event of: non-payment or bankruptcy, dissolution, liquidation, delay, summons to court because of outstanding Accounts, opening a file for companies having financial difficulties, press releases referring to insolvency, the clear incapacity of the Purchaser to make a payment, sale, transfer or pawning – all outstanding amounts can be declared falling due in advance by ROK.
10.2. In the cases mentioned under Art. 10.1., ROK reserves the right to cancel or terminate any agreement by an officially registered letter for which the Client cannot claim compensation, while the right to compensation of ROK remains valid.
11. WARRANTY
11.1. The period of warranty will be limited to a period of 6 (six) months.
11.2. Under no circumstances will ROK have any responsibility whatsoever for any fault resulting from the wear and tear of the product, possible accidents, the Client’s improper use of the product, failing to meet the recommendations and instructions of the manufacturer.
11.3. The Vendor guarantees that all the Goods offered for sale are under perfect operating conditions the moment they leave his warehouse. ROK does not assume any responsibility for those cases when these parts are assembled on/ into faulty machinery.
12. RETURNS TERMS AND CONDITIONS
12.1. Should the package/Goods get damaged or an insufficient number of parts be delivered (nonconformity to the quantity ordered), or the parts present any kind of manufacturing defect, the Purchaser shall notify the Vendor in writing, in 48 hours from the date of delivery.
12.2. Any notice referring to those mentioned under Art. 12.1. shall be given in writing (a return form available on the Website shall be filled in) and shall consist of all the details belonging to the code number of the faulty part and/or, as necessary, of the missing part.
12.3. The return of parts will need first the approval of the Vendor before being collected by the courier and sent back.
12.4. The Vendor can delay the reimbursement of the amount until the sold Goods are received or until he receives a document certifying the forwarding of the Goods, unless he offered to recoup the Goods himself.
13. RESPONSIBILITY
13.1. The Vendor’s responsibility is limited to the responsibility stipulated by the laws in force.
13.2. The Vendor cannot be responsible for damages of any kind (financial loss, loss of profit, commercial or reputation loss, directly or indirectly as a result of an action, as well as any demand for compensation of any kind, etc.) which the Purchaser or any third party might suffer as a result of the Vendor’s fulfillment of any of his obligations in compliance with the Order and for damages resulting from the use of Goods after delivery.
13.3. The Purchaser, contacted by any third party as a result of any losses caused by a fault in the products delivered to third parties by the Purchaser, will not be entitled to make any type of claim to the Vendor.
13.4. Should the Vendor be responsible for any situation, his maximum economic responsibility will be in any of the cases explicitly maximum limited to the purchase price of the product/products.
13.5. By creating and using an Account, the Client/Purchaser assumes responsibility for keeping data (User name and password) confidential as well as for the management of the access to the Account.
13.6. By creating an Account and/or using the Content and/or placing Orders, the Client/Purchaser will accept clearly and unequivocally the Terms and Conditions of the Website communicated within the Website at the date the Account was created and/or the Content was used and/or at the date the Order was placed.
13.7. Subsequent to the creation of an Account, the use of its Content will be equivalent to the acceptance of the amendments made to the Terms and Conditions of the Website and/or to the updated versions of the Terms and Conditions of the Website.
14. COMPETENT AUTHORITY
14.1. Should any complaints not be solved amicably, they shall be registered exclusively in the jurisdiction of the nearest court to the headquarters of the Vendor.