1. Definitions

 

MSPowerLine– is the business name of Mihai & Steiniger POWERLINE S.R.L., a Romanian legal person, having its registered office in Voluntari, 1I Pipera Bd., Admax Building, 5th floor, Office no. 12, Ilfov County, registered in the Trade Register under no. J23/2451/2017, TIN 36171168.

 

Seller– MSPowerLine.

 

Client/User – may be any natural person over 16 years of age or legal person or any legal entity that creates an Account on the Website and/or places an Order. Any person who creates an Account on the Website and/or places an Order consents to the specific clauses oaf website, provided in the Terms and Conditions section. The Client may be a buyer or potential buyer or a person only requesting an offer or exercising his/her right of withdrawal.

 

User name – the name under which a certain User/Client can add content to the Website.

 

Account – section of the Website consisting in an e-mail address and a password and allowing the Client to place the Order and containing information about the Client and the Client’s history on the Website (Orders, tax invoices, Products, etc.). The User is responsible for ensuring that all the information provided when creating the account is accurate, complete and up to date and expressly consents to the processing of such data when creating the Account.

 

My shopping cart – section of the Account allowing the Client/User to add Products or Services that he/she wishes to purchase when adding them or at a future time; if the Products or Services are not purchased when they are added by placing the Order, the Client/User shall benefit from the service consisting in the tracking the Products and Services offered by the Seller by receiving Commercial Communications from it. The Client/User expressly consents to receiving this service.

 

Website – the online stored hosted at the Internet address globalmultidev.ro/powerline/.

 

Order – an electronic document representing a form of communication between the Seller and the Client through which, using the Website, the Client informs the Seller of his/her intention of purchasing Products and Services from the Website.

 

Products and Services – any product or service (application) listed on the Website, including the products and services mentioned in the Order, to be provided by the Seller to the Client as a result of the Agreement concluded through the acceptance by the Seller of the Order placed by the Client at the moment provided in art. 4.2. below.

 

Agreement – represents the agreement concluded remotely between the Seller and the Client, without the simultaneous physical presence of the Seller and the Client.

 

Commercial Communications – any kind of sent message (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information regarding products that are similar or complementary to those purchased by the User/Client, information regarding offers and promotions, information regarding Products and Services added to the “Account/My shopping cart” section, as well as other commercial communications, such as market research and opinion polls. The Client/User expressly consents to receiving such communications.

 

Transaction – the receipt or reimbursement of an amount resulting from the sale of a Product and/or Service by MSPowerLine to the Client, by using the services of the card processor approved by the Seller, regardless of the means of delivery.

 

Specifications – all the specifications and/or descriptions of the Products and Services, as provided in their description.

 

  1. The Agreement concluded between the Client and the Seller

 

  • By placing an Order on the Website, the Client agrees to the form of communication through which the Seller performs its commercial operations.

 

  • The notification received by the Client after placing the Order is for information purposes and does not represent an acceptance of the Order. This notification shall be sent electronically (via e-mail) or via telephone.

 

  • For justified reasons, the Seller reserves the right of modifying the quantity of the Products and/or Services in the Order. If it modifies the quantity of Products and/or Services in the Order, the Seller shall notify the Client using the e-mail address or telephone number provided to the Seller when placing the Order and shall return the paid amount.

 

  • It’s considered that the Agreement has been concluded between the Seller and the Client when the Client receives the Order dispatch notification from the Seller through e-mail and/or SMS.

 

  • The Agreement shall be based on the terms and conditions and information provided by the Seller on the Website.

 

  1. Online sale policy

 

  • Any User/Client is allowed access for the purpose of placing an Order.

 

  • For justified reasons, MSPowerLine reserves the right to restrict the access of the User/Client for the purpose of placing an Order and/or the access to some of the accepted means of payment if it considers that, given the conduct or activity of the User/Client on the Website, his/her actions could damage MSPowerLine in any way. In any of these situations, the User/Client can ask MSPowerLine to provide information about the reasons that led to the application of the above-mentioned measures.
  • The communication with the Seller can take place through the coordinates mentioned in the “contact” section of the Website. The Client/User expressly agrees to the processing of these communications by the Seller.

 

  • MSPowerLine can publish information about the Products and/or Services and/or any of its promotions on the Website.

 

  • In the case of online payments, the Seller is not/cannot be held liable for any additional costs borne by the Client, such as, e.g. foreign exchange fees applied by the bank that issued that Client’s card. All additional costs shall be borne by the Client.

 

  • Information used to describe the Products and/or Services available on the Website (static/dynamic images/multimedia presentations/etc.) does not represent a contractual obligation of the Seller. It’s only used for presentation purposes.

 

  1. Assignment and subcontracting

 

  • The Seller can assign and/or subcontract services associated with the execution of the Order to third parties, without his/her agreement being necessary. The Seller shall be liable to the Client for all the undertaken contractual obligations.

  

  1. The Order

 

  • The Client can place Orders on the Website by adding the desired Products and/or Services to the shopping cart, completing the Order and making the payment through one of the expressly specified means. After being added to the shopping cart, a Product and/or Service is available for purchase if it is in stock. If a Client does not complete the Order, adding a Product/Service to the shopping cart does result in the Order being placed and, therefore, it does not result in the Product/Service being automatically reserved.
  • By completing the Order, the Client represents that all the data provided by him/her that are required for the purchasing process are accurate, complete and true on the date when the Order is placed and agrees to the processing of such data by the Seller for the purpose of fulfilling the obligations provided in the Agreement.

 

  • By completing the Order, the Client consents to being contacted by the Seller, using any means available to/approved by the Seller whenever it’s necessary to contact the Client.

 

  • The Seller can cancel the Order placed by the Client, subject to sending a prior notice to the Client, with no subsequent obligation of either party to the other and without either party being entitled to claim damages from the other in any of the following cases:
  • the bank that issued the Client’s card does not accept the transaction, in the case of online payments;
  • the transaction is invalidated by the card processor approved by MSPowerLine, in the case of online payments;
  • the data provided by the Client on the Website are incomplete and/or inaccurate.

 

  • The Client is entitled to withdraw from the Agreement, i.e. to return a product or forgo a Service within 14 calendar days, without invoking any reason and without bearing any costs, other than the delivery costs. Thus, in accordance with Emergency Government Ordinance no. 34/2014, the period during which the Client can return a Product or forgo a Service expires within 14 days, calculated starting with:
  • the day when the Client takes physical possession of the last Product – if the Buyer orders multiple products that shall be delivered separately through a single order;
  • the day when the Client takes physical possession of the last Product or the last part – in case of the delivery of a product consisting of multiple batches or parts.

 

  • If the Client requests the withdrawal from the Agreement within the legal period of withdrawal from the agreement, he/she must also return any gifts accompanying the respective product. If the Order is paid for, the Seller shall return the amount within 14 (fourteen) days of the date when the Client returned the Product to the Seller.

 

  • If a Product and/or Service ordered by the Client cannot be delivered by the Seller, the latter shall inform the Client of this fact and shall return the value of the Product and/or Service to the Client’s account within 7 (seven) days of the date when the Seller became aware of this fact or the date when the Client expressly stated his/her intention of terminating the Agreement.

 

  • If the Seller does not have a certain Product/Service in stock, it shall inform the Client thereof, providing an estimated time when the respective Product/Service can be obtained by the Seller and delivered to the Client. In this case, the Client is entitled to forgo the Order for the respective Product/Service.

 

  1. Exceptions from the right of withdrawal

 

  • The following are excepted from the right of withdrawal:
  • service agreements, after the completion of the services, if the execution commenced with the express prior approval of the Client and after he/she confirmed that he/she had been informed of the fact that he/she would lose the right of withdrawal after the complete execution of the Agreement by the Seller;
  • the provision of Products that are susceptible to quick deterioration or expiration;
  • the provision of sealed Products that cannot be returned for reasons associated with the protection of health or hygiene and which have been unsealed by the Client;
  • the provision of Products that, due to their nature, are inseparably mixed with other elements after delivery;
  • the provision of sealed computer programs that were unsealed after being delivered;
  • the provision of digital content that is not delivered on a material medium, if the provision commenced with the express prior approval of the Client and after he/she was informed of the fact that he/she would lose the right of withdrawal;
  • the provision of food, food supplements and other goods destined for household use that have been opened or unsealed by the Client. These products cannot be returned for reasons associated with hygiene and public health.

 

  1. Commercial communications

 

  • The User/Client can modify his/her option with regard to the consent given to the Seller for Commercial Communications containing general and thematic information, including information regarding offers or promotions, as follows:
  • by modifying the Account settings;
  • by accessing the unsubscribe link contained in the Commercial Communications received from the Seller; or
  • by contacting the Seller.

 

  • As a result of adding Products or Services to the “My shopping cart” section of the Account, the Buyer consents to the Seller sending the Buyer/User Commercial Communications with regard to:
  • the modification of the price of the Products or Services added to the “My shopping cart” section,
  • recommendations of Products or Services similar to those added to the “My shopping cart” section,
  • the existence of Products or Services in the “My shopping cart” section, and
  • the availability of stocks of Products or Services added to the “My shopping cart” section.

 

  • As a result of purchasing a Product or Service, the Client consents to the Seller sending the Client/User Commercial Communications with regard to suggestions of Products or Services recommended to be used together with the purchased Product or Service.

 

  • The Client/User can unsubscribe at any moment from the Commercial Communications mentioned above by accessing the unsubscribe link contained in the commercial messages received from MSPowerLine or by contacting MSPowerLine for this purpose.

 

  • In addition, the Client/User expressly consents to the use of his/her data for the purpose of conducting market research and opinion polls in order to improve the Product and Service offer and the purchasing experience. The information obtained as a result of such market research and opinion polls shall not be used for advertising purposes. It shall only be used for the purposes mentioned above. Your answers to market research and opinion polls shall not be associated with your identity, shall not be transmitted to third parties and shall not be published. You can object to the use of the data for purposes of market research and opinion polls at any time, by accessing the unsubscribe link contained in the message or by contacting MSPowerLine.

 

  1. Invoicing - payment

 

  • The price, means of payment and payment deadline are specified in each Order. The Seller shall issue an invoice for the delivered Products and Services to the Client. The Client must provide all the information necessary in order to issue the invoice, in accordance with the legislation in force.

 

  • The Seller shall send the Client the invoice associated with the Order containing Products and/or Services sold by MSPowerLine, as well as for any payments associated with the Order, in electronic form, by adding the invoice to the Buyer’s Account or via e-mail, to the e-mail address specified by the Client in his/her account.

 

  • In order to ensure the correct communication of the invoice associated with the Order, the Client must update the data in his/her account whenever this is necessary and access the information and documents associated with each Order existing in the Account.

 

  • Through this means of communication, by accessing his/her account, the Client shall hold records of the invoices issued by MSPowerLine, that he/she can save and archive at any time and using any means desired.

 

  • By submitting the Order, the Client consents to receiving the invoices in electronic form, i.e. to the invoices being added to his/her account by MSPowerLine, or through e-mail, at the e-mail address specified in his/her account.

 

  • The payment for the Products and Services can be made through bank transfer, VISA, MASTERCARD credit card or upon receiving the product.

 

  1. Delivery of the Products/Services

 

  • The Seller shall ensure that the Products are properly packaged and that the accompanying documents are transmitted.
  • The Seller shall only deliver the Products and Services on Romanian territory. At the Client’s express request, the Seller could take steps to deliver the Products to other states, informing the Client of the conditions under which such a delivery shall take place.

 

  • The delivery of the Products and Services shall take place as soon as possible, subject to the Seller having the product in stock.

 

  • For notifications or complaints related to the purchased Product and/or Service, the Clients can use the notification form found on the Website. The maximum period for the handling of complaints or notifications is 30 calendar days, starting with the date when they were received.

 

  1. Guarantees/Product leaflet

 

  • For the Products and Services with a leaflet or instructions for use, the leaflet of the Product or Service is available on the Website in pdf In addition, if the Product or Service in question has a leaflet or instructions for use, the leaflet shall be provided to the Client together with the respective Product or Service.

 

  • The Client/User must read the leaflet and the instructions for use and use the Product/Service only in accordance with the information and warnings contained in them. The Seller is in no way responsible for the Client using the Product in any way other than in accordance with its leaflet/instructions for use.

 

  • The Seller is in no way responsible for any situations where the Client uses the Products in combination with beverages, foods, substances or products with an effect identical to or opposite to that of the respective Product. The Client must access the relevant information and avoid any association of the Product with other products with a similar or opposite effect if such association could be harmful to health.

 

  • The obligations of the Seller consist in delivering the Products/Services ordered by the Client. The Seller is in no way responsible for the effects of the ordered Products/Services.

 

  1. Transfer of the ownership over the goods

The ownership over the Products/Services shall be transferred upon delivery, after the Client makes the payment in the place indicated in the Order (delivery shall mean signing the transportation document provided by the courier to confirm the receipt or signing the tax invoice to confirm the receipt in case of deliveries performed by the Seller’s staff  ).

 

  1. Liability

 

  • The Seller cannot be held liable for losses of any kind that the Client or any third party may suffer as a result of the Seller fulfilling any of its obligations in accordance with the Order and for losses resulting from the use of the Products and Services after delivery and, especially, for the loss of the Products and Services.

 

  • By creating and using the Account, the User/Client takes responsibility for maintaining the confidentiality of the Account data (user name and password) and for managing the access to the Account and, to the extent allowed by the legislation in force, he/she shall be responsible for the activity performed through his/her Account.

 

  • By creating the Account and/or using the Content and/or placing the Orders, the Client/User expressly and unequivocally accepts the latest updated version of the Terms and Conditions of the Website, that is communicated on the Website and exists on the date when the Account is created and/or the content is used and/or the Order is placed.

 

  • The Seller reserves the right to periodically update and modify the Terms and Conditions of the Website to reflect any modifications of the Website’s operating means and conditions or any modifications of the legal requirements. The Website’s Terms and Conditions are binding for Clients/Users starting with the moment when they are displayed on the Website.

 

  1. Uploading information and other content to the Enter the MSPowerline, Training Everywhere and Become an Ambassador sections

 

  • Users/Clients can upload text, information, multimedia content to the Enter the MSPowerline, Training Everywhere and Become an Ambassador sections.

 

  • When recording/uploading any content to the application, Users/Clients grant the Seller a non-exclusive, perpetual, irrevocable licence, with no territorial restrictions, and grant the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.

 

  • When recording any content in the sections mentioned above, each User/Client commits to observing the following rules:

– using appropriate, non-offensive language, with no terms than could offend or affect any other User/Client/Buyer;

– ensuring that the information input by him/her is realistic, correct, not misleading and in accordance with the applicable laws, thus observing the rights of other parties, copyright, rights associated with trademarks and licenses or other property, advertising or privacy rights;

– only using this facility for purposes compatible with those of the Website, and without referencing other companies that promote the sale and purchase of products or services;

– not providing or requesting, in any way and to any extent, personal data (contact details, information about the delivery address or domicile, telephone numbers, e-mail addresses, names and/or first names, etc.) or any other information that could cause such personal data to be disclosed;

– not recording information and/or details about URLs (links) of other commercial websites that perform the same commercial activity as that of the Seller;

– not attempting to defraud the services provided by the Seller or to publish advertising materials;

 

  • Users/Clients who attach photo or video files shall observe the following rules:

– the attached files shall contain images and/or videos that also refer to the object and purpose of the Website and the products and services promoted by it, making sure that the uploaded files observe copyright;

– the uploaded files shall not contain violence, adult content, licentious language or other content that is offensive to a person/a group based on race or ethnic origin, religion, disability, sex, age, sexual or political orientation or any other criteria;

– the uploaded files shall not contain information about other persons;

– the uploaded files shall not contain URLs or watermarks of websites performing the same commercial activity as that of the Seller.

  • If a content distributed on the Website or in the application by a User/Client as having a content contrary to the terms provided above, such content shall be examined carefully by the Seller to determine whether it breaches the Website’s Terms and Conditions. The uploaded texts, photographs or videos may be removed from the Website or the application if the Seller considers that they breach the Terms and Conditions of the Website.

 

  • If the Seller finds that the Terms and Conditions have been repeatedly violated, it reserves the right to suspend the User’s/Client’s possibility of uploading content to the Website or the applications.

 

  1. Confidentiality

 

  • MSPowerLine shall maintain the confidentiality of the information provided by the Client/User.

 

  • No public statement, promotion, press release or any other means of disclosure to third parties shall be made by the Buyer/Client with regard to the Order/Agreement without the prior written consent of the Seller.

 

  • By sending information or materials through this Website, you are granting the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials and information. You also agree to the Seller being able to freely use such information, ideas, concepts, know-how or techniques sent to us through the Website freely, for its own interests. MSPowerLine shall not be subject to obligations referring to the confidentiality of the sent data, unless the legislation in force provides other specifications for this purpose.

 

  1. Intellectual and industrial property right

 

  • The content of the Website, including, but not being limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Website is the exclusive property of MSPowerLine, and all rights directly or indirectly obtained for this purpose (through licences of use and/or publication) are reserved for it.

 

  • The Client/User is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, associate with, expose, include any Content in any context other than that originally intended by MSPowerLine, include any content outside the Website, remove the marks signifying the copyright of MSPowerLine over the Content, as well as participate in the transfer, sale, distribution of materials created by reproducing, modifying or displaying the content, other that with the express written agreement of MSPowerLine.

 

  • If MSPowerLine grants the Client/User the right to use, in the form described in a distinct usage agreement, a certain content that the Client/User has or obtains access to based on such agreement, such right only extends to the content defined in the agreement, for the period of its existence on the Website or the period defined in the agreement, in accordance with the defined conditions, if they exist, and does not represent a contractual commitment of MSPowerLine towards the respective Client/User or any other third party that has/obtains access to such transferred content, through any means and that could suffer or suffers any losses as a result of such content, during or after the expiry of the usage agreement.

 

  • No content transmitted to the Client/User, through any means of communication (electronic, via telephone, etc.) or acquired by the Client/User by means of accessing, visiting and/or viewing implies a contractual obligation in relation to the respective content of MSPowerLine and/or the employee/agent of MSPowerLine who mediated the Content transfer.

 

  • It’s forbidden to use the Content for any purposes other than those expressly permitted through this Document or the usage agreement accompanying it, if any.

 

  1. Personal data processing

 

  • MSPowerLine collects your personal data directly from you, so that you have control over the type of data that you offer to us. We can also subsequently collect and process certain information with regard to your behaviour while visiting our website or using the smartphone application in order to customize your online experience and provide you with offers adapted to your profile.
  • The personal data processing is necessary in order to conclude and execute an agreement between MSPowerLine and the Client/User. In addition, certain processing subsumed to the purposes mentioned below is imposed by the applicable legislation, including the fiscal and accounting legislation.

 

  • The personal data processing is carried out for the following purposes:

 

  • For the provision of the services in your favour: creating and managing the account, processing orders, processing cancellations and handling any kinds of problems associated with an order, the purchased Products and Services, the exercise of the right of withdrawal, the reimbursement of the value of the products in accordance with the legal provisions, providing assistance services, including responding to your questions regarding orders or Products or Services.

 

  • In order to improve our services: for this purpose, we may collect and use certain information with regard to your behaviour as a buyer, we may ask you to fill in satisfaction surveys subsequent to the completion of an order or we may perform market research and studies, directly or through partners.

 

  • For marketing purposes. We would like to inform you of the best offers for the products/services that are of interest to you. We base our marketing communications on your prior consent. You can change your mind and withdraw your consent at any time by modifying the account settings, accessing the unsubscribe link contained by the messages that you receive from us, or by contacting MSPowerLine using the contact details mentioned above.

 

  • In order to defend our legitimate interests. There may be situations where we use or transmit information in order to protect our rights and commercial activity, such as measures for the protection of the website and the users of our platform from cyberattacks, measures for preventing and detecting attempted fraud, including sending certain information to the competent public authorities, measures for the management of various other risks.

 

  • As a general rule, we shall store your personal data as long as you have an account with the MSPowerLine platform. You may ask us at any time to delete certain information or close the account and we shall comply with such requests, subject to keeping certain information, including after closing the account, if this is required by the applicable legislation or for our legitimate interests.

 

  • Where applicable, we may transmit or offer access to certain personal data to the following categories of recipients: companies that are part of the same group of companies, providers of courier services, providers of payment/banking services, providers of marketing/telemarketing services, providers of market research services, insurance companies, providers of IT services, other companies with which we may develop common programs for placing our goods and services on the market.

If we have a legal obligation to do so or if it’s necessary to do so in order to protect a legitimate interest, we may also disclose certain personal data to public authorities.

We make use that third parties that are legal persons governed by private law access your data in accordance with the legal provisions on data protection and information confidentiality, based on agreements concluded with them.

 

  • The General Data Protection Regulation recognizes certain rights with regard to your personal data. You may request access to your data, the correction of any mistakes in our files and/or you may object to the processing of your personal data. In addition, you may exercise your right of lodging a complaint with the competent supervisory authority or bring legal action. Where applicable, you may also have the right to request that we delete your personal data, the right to restrict the processing of your data and the right to data portability.

 

  1. Force majeure

 

  • Neither of the parties shall be responsible for failing to fulfil its contractual obligations if such failure to fulfil its contractual obligations on time and/or appropriately is completely or partially due to force majeure. Force majeure is an unpredictable, unavoidable event, beyond the control of the parties.

 

  • If, within 15 (fifteen) days of its occurrence, the respective event does not end, each party shall be entitled to notify the other party of the termination of the agreement by operation of the law, without either party being entitled to claim damages from the other.

 

  1. Governing law - jurisdiction

 

The legal relationships between the Seller and Users/Buyers are governed by Romanian law. Any disputes arising between the Seller and Users/Buyers shall be settled by the competent Romanian courts in Bucharest.