1. DEFINITIONS AND TERMS
“IMAGINE” Association, Romanian entity with legal personality, registered as a non-governmental organization, having its registered office in Bucharest, 25 Argentina Street, Building B, Sector 1, CUI 35331597, Seller - Association.
Buyer - the natural person who places an Order on the site www.ro-burn.com.
Order - an electronic document that intervenes as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site, his intention to purchase Membership Services from the Site.
Services - any member service / subscription, including the services mentioned in the Order, to be provided by the Seller, the Buyer as a result of the concluded Contract.
Campaign - the action of exhibiting for commercial purposes, a finite number of Services having a limited stock depending on the physical parameters of the event, for a limited period of time set by the Seller.
Contract - represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
• all information on the Site that can be visited, viewed or otherwise accessed by using electronic equipment;
• the content of any e-mail sent to Buyers by the Seller by electronic means and / or any other available means of communication;
• any information communicated by any means by a collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
• information related to the Services and / or tariffs practiced by the Seller in a certain period;
• data regarding the Seller, or other privileged data of the Seller.
Document - these Terms and Conditions.
Newsletter - means of periodic information, exclusively electronic, respectively electronic mail (e-mail) on the Goods and Services and / or promotions carried out by the Seller during a certain period, without any commitment on the part of the Seller with reference to the information contained therein.
Transaction - the collection or reimbursement of an amount resulting from the sale of a Service by the Association to the Buyer, regardless of the delivery method.
Specifications - all specifications and / or descriptions of the Services as specified in their description.
2. CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees with the form of communication (e-mail) through which the Seller carries out its commercial operations.
2.2. The notification received by the Buyer, after making the Order, represents the acceptance of the Order. This notification is made electronically via e-mail.
2.4. The contract is considered concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, by e-mail of the Order notification.
2.5. The document and the information provided by the Seller on the Site will be the basis of the Contract.
3. ONLINE SALES POLICY
3.1. Access in order to place an Order is allowed to any Customer / Buyer.
For justified reasons, the Association reserves the right to restrict the access of the Client / Buyer in order to place an Order and / or to some of the accepted payment methods, if it considers that based on the conduct or activity of the Client / Buyer on the Site, its actions could harm the Association in any way. In any of these cases, the Client / Buyer may address the Association, in order to be informed about the reasons that led to the application of the above measures.
3.2. Communication with the Seller can be done by interacting through the addresses mentioned in the "contact" section of the Site. Usually, the communication will be made by electronic means: email, pages on the Seller's social networks. The seller has the freedom to manage the information received without having to bring justifications for it.
3.4. All tariffs related to the Services presented on the Site are expressed in lei (RON) and do not include VAT, the Association not being a VAT payer.
3.5. In case of online payments, the Seller is not / cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, if the currency of his issuance differs from RON.
The responsibility for this action lies solely with the Buyer.
3.7. All the information used for the description of the Services available on the Site does not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.
4. ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and / or subcontract a third party for Services related to the fulfillment of the Order, with the information of the Buyer, without the consent of the Buyer. The Seller will always be responsible to the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the Site, are the property of the Association or there are rights to use to them, being reserved to him all the rights obtained in this sense directly or indirectly.
5.2. The Customer / Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and / or otherwise alter, use, link to, display, include any Content in any context other than the original intended by the Association, include any Content in outside the Site, the removal of the signs that signify the copyright of AYI over the Content as well as the participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of the Association.
5.3. Any Content to which the Customer / Buyer has and / or obtains access by any means, is subject to the Document, if the Content is not accompanied by a specific and valid use agreement concluded between the Association and it, and without any implied warranty or expressly formulated by the Association with reference to that Content.
5.4. Customer / Buyer may copy, transfer and / or use Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.
5.5. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying use agreement, if any, is prohibited.
6.1. The Client / Buyer can place Orders on the Site, by purchasing the desired Services or by filling in the forms related to the Order, following to complete the Order by making the payment in one of the ways expressly indicated. Once added a Service is available for purchase to the extent that there is stock available for it.
Adding a Service without completing the Order does not entail the registration of an order, implicitly also the automatic reservation of the Service. The order placed through the form requires automatic confirmation from the Association to be considered registered and validated, and the payment completed.
6.2. By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
6.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.4. The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other party in the following cases:
6.4.1. non-acceptance by the issuing bank of the Buyer's card, of the transaction, in case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by the Association, in case of online payment;
6.4.3. the data provided by the Client / Buyer on the Site are incomplete and / or incorrect;
6.5. payments are non-refundable and we do not offer refunds or credits for partial membership periods. To cancel, go to the "Account" page and follow the cancellation instructions. If you cancel your subscription, payment processing will be suspended / canceled.
6.6. If a Good and / or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Customer / Buyer of this fact and will return to the Buyer's account except in case of force majeure or other causes. Whereby the Seller cannot offer the service, the value of the Service, within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact.
7. GOODS / SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED
7.1. The following are exempted from the right of withdrawal from the Contract:
7.1.2. Service contracts, if the execution started with the express prior consent of the Buyer and after he confirmed that he became aware that he will lose his right of withdrawal after the execution of the Contract by the Seller;
8.1. The Association will keep the confidentiality of information of any nature that the Client provides. Disclosure of the information provided may be made only under the conditions mentioned in this Document.
8.2. The Association undertakes to treat the Client's personal data in conditions of maximum security and to protect them according to the law. All the rights provided by the current legislation regarding the access to personal data and their protection apply in their entirety, the storage of personal data will be done so that they are used according to the law and in its interest.
8.3. By registering A in the database, the Client / Buyer offers his express consent, within the limits of the legislation in force, to be contacted by AYI and its partners, such as marketing service providers, other service providers in order to fulfill the object of the Contract concluded between the Buyer and the Seller, as well as by state, governmental agencies, when the specific legislation provides for this.
The client can request at any time the deletion of personal data and withdrawal from the database of the Association.
9.1. The newsletters of the Association are sent through specialized partners approved by the Association. Thus, the confidentiality and security of the information are ensured.
9.2. Waiver of receipt of Newsletters does not imply waiver of acceptance of this Document.
10. BILLING - PAYMENT
10.1. The prices of the Services displayed within the Site do not include and do not bear VAT, the Association not being a VAT payer.
10.2. The price, payment method and payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the delivered Services.
10.3. The Seller will send to the Buyer the invoice related to the Order exclusively in electronic format, by e-mail, to the e-mail address mentioned by the Buyer in his Order.
10.4. By sending the Order, the Buyer agrees to receive the invoices in electronic format, at the e-mail address mentioned in his Account.
10.5 The payment card data of the Client / User / Buyer will not be accessible to the Association nor will it be stored by it or by the payment processor integrated in the Site, if applicable, but only by the authorization institution of the Transaction or another entity authorized to provide card identification data storage services, about whose identity the Client / User / Buyer will be informed, prior to entering the data.
11.1. Seller cannot be liable for damages of any kind that Buyer or any third party may suffer as a result of Seller's fulfillment of any of its obligations under the Order and for damages resulting from the use of the Services after delivery.
11.2. By using the Content and / or placing the Orders, the Customer / Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing on the date of use of the content and / or on the date of placing the Order.
11.3. The Terms and Conditions of the Site may be modified at any time by the Association, these being opposable to Customers / Buyers from the date of posting on the Site. Acceptance of the Site Terms and Conditions is confirmed by sending the Order and / or by making an online payment.
12. PERSONAL DATA PROCESSING
12.1. According to the requirements of Law no. 363/2018 on the protection of individuals with regard to the processing of personal data by the competent authorities for the purpose of preventing, detecting, investigating, prosecuting and combating crime or the execution of sentences, educational and security measures, and on the free movement of such data , modified and completed, the Association has the obligation to administer in safe conditions and only for the specified purposes, the personal data that you provide us.
12.2. The purpose of data collection is:
- informing the Clients / Buyers regarding the validation, sending and invoicing of the Orders, solving the cancellations or the problems of any nature regarding an Order and / or the purchased services;
- sending Newsletters and / or periodic alerts, by using e-mail (e-mail);
12.3. By completing the data in the Order form, the Buyer declares and unconditionally accepts that his personal data be included in the database of the Association, and gives his express and unequivocal consent that all such personal data be stored, used and processed for the purpose provided above. in point 16.2.
12.4. By reading the Document you have learned that you are guaranteed the rights provided by law, namely the right to information, the right to access data, the right to intervene, the right to oppose, the right not to be subject to an individual decision, the right to go to court in case of violation of the rights guaranteed by Law 363/2018 on the protection of individuals regarding the processing of personal data by the competent authorities for the purpose of preventing, detecting, investigating, prosecuting and combating crimes or the execution of punishments, educational and security measures , as well as on the free movement of such data.
12.5. The Association may also provide the personal data of the Buyer to other companies with which it is in partnership, but only on the basis of a commitment of confidentiality on their part and only for the purposes mentioned in point 12.2., Which guarantees that these data are kept safe and that the provision of this personal information is made in accordance with applicable law, as follows: courier service providers, marketing service providers, payment / banking service providers, telemarketing or other services, provided by companies with which we can develop common programs for offering on the market of our Goods and Services, insurers.
12.6. The Buyer's personal information may also be provided to the General Prosecutor's Office, the Police, the courts and other competent state bodies, based on and within the limits of the legal provisions and as a result of expressly formulated requests.
13. FORCE MAJEURE
13.1. Neither party shall be liable for non-performance of its contractual obligations if such failure to perform on time and / or properly, in whole or in part, is due to a force majeure event. Force majeure is the unpredictable event, beyond the control of the parties and which cannot be avoided.
13.2. If within 15 (fifteen) days from the date of its occurrence or before the date of a service event, that event does not cease each party will have the right to notify the other party of the full termination of the Contract without any of them being able to claim the other damages.
14. APPLICABLE LAW - JURISDICTION
This Agreement is subject to Romanian law. Any disputes between the Association and Customers / Buyers will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent Romanian courts in Bucharest.