Welcome to the website www.hoffman-uh.ro (hereinafter referred to as the "Site"). By accessing and using our Site, you agree to comply with the following Terms and Conditions. Please read these terms carefully before using our Site.
1 Preliminary provisions
1.1 Online store Hoffman-UH
1.2 Buyer
1.3 General Terms and Conditions
1.4 Definitions
2 Offer of Goods, Order, conclusion of the Sales Contract, delivery methods, payment methods
2.1 Supply of Goods
2.2 Order
2.3 Conclusion of the Sales and Purchase Agreement
2.4 Delivery methods
2.5 Payment
2.6 Rights and obligations under the Sales and Purchase Agreement
2.7 Vouchers
3 Delivery of Goods
3.1 Delivery time
3.2 Shipping, delivery and receipt of goods
4 Withdrawal from the Sales Contract
4.1 Buyer's Withdrawal from the Sales Contract
4.2 Seller's Withdrawal from the Purchase Agreement
5 Warranty against defects. Warranty for proper functioning
6 Final provisions
1 Preliminary provisions
1.1 Hoffman-UH online store
1.1.1. Website www.hoffman-uh.ro is managed by Express Install Distribution SRL, as seller, with registered office at: Strada Măriuca, No. 2, Bloc 122, Sc. A, Et. 6, Ap. 38, Bucharest, Sector 4, registered with the Trade Register at the Bucharest Municipal Court, identification number J2016003239404, unique registration code (CUI) RO35752162.
1.1.2. This document establishes the terms and conditions of use of the Site and the conditions of purchase of products sold through this Site (hereinafter referred to as "Terms and Conditions"). These Terms and Conditions encompass the rights and obligations of the parties arising from or in connection with the sale-purchase agreement (hereinafter referred to as the "Sales-Purchase Agreement") concluded between the Seller and an individual buyer through the Seller's website.
1.2 Buyer
1.2.1. The Buyer Consumer– any natural person who, by registering an online order on this website, acts for purposes other than those specific to his commercial or professional activity, having, according to the law, the status of consumer (hereinafter referred to as the “Buyer“)
1.2.2. The legal relations between the Seller and the Buyer that are not expressly stipulated in these Terms and Conditions are governed by the legal provisions in force of art. 1650 et seq. of Law no. 287/2009 on the Civil Code, as subsequently amended and supplemented, Government Ordinance no. 21/1992 on consumer protection and related legislation, as subsequently amended and supplemented.
1.2.3. The professional buyer – any natural or legal person, as well as any other entity who, by registering an online order on this website, acts for the specific purposes of its commercial or professional activity, not having the status of consumer according to the law (hereinafter referred to as "Professional Buyer").
1.3 General Terms and Conditions
1.3.1. These Terms and Conditions are an integral part of the Sale and Purchase Agreement concluded between the Buyer and the Seller and comprise the mutual rights and obligations of the parties (as defined below).
1.3.2. By concluding the Sale-Purchase Agreement, the Buyer agrees and agrees with these Terms and Conditions, in their entirety.
1.3.3. Except as otherwise provided in the Purchase Agreement or its annexes, or as to certain provisions of these Terms and Conditions expressly invalidated or modified by the Purchase Agreement, or except as otherwise agreed between the Seller and the Buyer, these Terms and Conditions shall apply to any contractual relationship between the contracting parties.
1.3.4. These Terms and Conditions are not applicable to transactions in which the Professional Buyer intends to purchase goods from the Seller. Such transactions are governed by the general legal regulations on sales and purchase contracts.
1.3.5. By accessing and using the website www.hoffman-uh.ro , The Buyer confirms that he is of legal age or has received permission from his parents/legal guardian and that he has the legal capacity to enter into a contract and subsequently place an order on the Site.
1.4 Definitions
1.4.1 Sale and purchase contract represents an agreement concluded electronically between the Seller, as Seller, and the Buyer, through the Seller's Online Store (as defined below).
1.4.2 These Terms and Conditions are an integral part of the Purchase Agreement.
1.4.3 Create Online Store – online system operated via the Internet, which allows the Seller and the Buyer to conclude the Sales and Purchase Agreement via distance communication. The Online Store is operated on a Site located at www.hoffman-uh.ro.
1.4.4 Goods – movable goods, or as the case may be, sold through the Online Store.
1.4.5 Command – the request submitted by the Buyer, by completing the necessary technical steps, in order to purchase Products sold online, under the conditions provided for in the Terms and Conditions.
1.4.6 Campania – the action of displaying for commercial purposes, in electronic format through the Site, a finite number of products with a limited and predefined stock, for a limited period of time established by Express Install Distribution SRL.
2 Offer of Goods, Order, conclusion of the Sales Contract, delivery methods, payment methods
2.1 Goods Offer
2.1.1. The Offer of Goods means an offer of selected goods, offered by displaying them in the Online Store. The Offer of Goods is not an offer to conclude a contract, as defined in art. 1188 paragraph 1 of the Civil Code. The Offer of Goods is for informational purposes only and the Seller is not obliged to conclude a Sales and Purchase Agreement with respect to the respective goods.
2.1.2. The Seller takes all measures to ensure that the information published on the site, including the description of the Products and Services, as well as the listed prices, are, at all times, correct and complete. However, mistakes can also be made. In such situations, Hoffman-UH will try to eliminate all errors that have occurred as soon as possible. If Hoffman-UH finds that the respective error has affected/influenced your Order or the validly concluded Contract, it will try to inform you as soon as possible, offering you both the possibility of reconfirming the Order/Contract, and the possibility of canceling it.
2.1.3. Please note that purchasing products on the website offers a different experience than in stores. In particular, you should be aware that:
- the colors of the Goods, as presented on the Site, may differ in reality, as they depend on several factors, including, but not limited to, your monitor settings;
- the dimensions and shape of the Goods may differ in reality from how they appear on the Site, therefore, please note that it is your responsibility to verify that the actual size of each Product corresponds to the purpose for which you purchased the respective Good;
- The photographs and images on the Site are for illustrative/guideline purposes only. For an accurate description of the Good and the details included, you should carefully read the corresponding description of the Good.
2.1.4. The Goods will only be delivered to the extent that they are available, thus there is a risk that Hoffman-UH will not be able to deliver the Order. Hoffman-UH also reserves the right to withdraw any Goods from sale at any time. In such cases, Hoffman-UH's sole liability to you is the full refund of the amounts paid for the respective Goods that it can no longer supply/has withdrawn from sale;
2.1.5. Hoffman-UH makes every effort to deliver the Goods within 30 business days of order confirmation. Please note that all delivery information provided by Hoffman-UH (on the Site, by phone or by email) is for guidance only and may vary from case to case. Please see Section 3 – Delivery of Goods for more information about delivery;
2.1.6. Hoffman-UH reserves the right to freely adjust the prices and special offers applied, in compliance with legal provisions.
2.1.7. The Seller reserves the right to make any changes to the content of the Online Store including prices. Offers (including discounts, promotional sales and promotional leaflets) are applicable within the limit of available stock or for a certain period of time. Prices are applicable at the time of placing the Order.
2.1.8. All prices of Goods and services (e.g. delivery) are stipulated with VAT included, except for express mentions that the prices do not include VAT.
2.1.9. Errors regarding displayed prices. Hoffman-UH will make every effort to ensure that the prices on the Site are correct. However, errors may occur. If Hoffman-UH discovers an error related to the price of a Product and/or Service already ordered by the Buyer, the Buyer will be informed as soon as possible of the error. In such cases, the Buyer will have the option of either reconfirming the Order at the correct price or canceling the Order. If the Buyer cannot be contacted within a reasonable time using the contact details provided during the ordering process, Hoffman-UH will consider the Order cancelled and the Buyer will be notified of this by email.
2.2 Order
2.2.1. The Buyer may place an Order using the form available in the Online Store.
2.2.2. In order to place an Order, the Buyer first agrees with the Goods he intends to purchase, the shipping method (in accordance with the Terms and Conditions) and the payment method (in accordance with the Terms and Conditions). Further, the Buyer gives his consent to the order and, by doing so, issues an irrevocable request to conclude a Sales and Purchase Agreement with the Seller.
2.2.3. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
2.2.4. The notification received by the Buyer, after placing the Order, has an informational role and does not represent acceptance of the Order. Confirmation is made by telephone.
2.2.5. Hoffman-UH reserves the right to cancel Orders concerning Goods and/or Services displayed on the Site as a result of technical errors or which, due to technical errors, present obviously erroneous/derisory prices, with the consequence of refunding the entire amount paid by the Buyer in consideration of the canceled orders, if applicable.
2.2.6. Once registered, the Order can no longer be modified by the Buyer. If you wish to modify/cancel it, you can contact us by email (office@hoffman-uh.ro) or at the phone number displayed on the website (0371 483 127).
2.3 Conclusion of the Purchase and Sale Agreement
2.3.1. For justified reasons, the Seller reserves the right to change the quantity of the Goods in the Order. If the Seller changes the quantity of the Goods in the Order, the Seller will notify the Buyer at the e-mail address provided or at the phone number provided to the Seller at the time of placing the Order. If the Buyer does not agree with the new Order, he may change/cancel it, and the Seller will return the amount paid by the Buyer within max. 14 calendar days from the confirmation of the change/cancellation of the order. For payment by card, if the value of the changed order is higher than the value of the initial order, the Buyer will have to initiate a new payment for the difference between the initial payment and the final value of the transaction.
2.3.2. The Seller undertakes to accept the Buyer's Order, except in the event that the respective order contravenes these Terms and Conditions or in the event that the Seller has specific reason to believe that the Buyer will breach the Sales and Purchase Agreement.
2.3.3. The sale-purchase contract between the Seller and the Buyer is considered concluded at the time of sending the Order (hereinafter referred to as "Acceptance").
2.3.4. Any expenses incurred by the Buyer in connection with the conclusion of the Sales Contract via means of distance communication (e.g. internet connection or telephone calls) will be borne by the Buyer.
2.3.5. Please note that you can only place a valid Order on the Site if you are over 18 years of age and wish the Goods to be delivered/provided within Romania. A valid/active email address and a valid telephone number at which you can be easily contacted are required.
2.4 Delivery methods
2.4.1. Unless otherwise provided in the Sales Contract, the Buyer decides the delivery method of his Order.
2.4.2. The Buyer may opt for delivery by courier to an address specified by him. If the Buyer requests a different delivery method, the Buyer shall bear all risks related to that delivery method, including all additional costs generated by using the chosen delivery method.
2.4.3. The Goods are shipped when they are sent to the Buyer's address or, as specified by the Buyer in the Order.
2.4.4. Hoffman-UH delivers only within Romania.
2.5 The payment
2.5.1. The prices displayed on the Site are expressed in LEI and include all applicable taxes.
2.5.2. VAT is applied at the legal value on the date of the order and is included in the prices of the Goods and/or services.
2.5.3. Product prices displayed on the Site NU inclusion delivery costs.
2.5.4. The seller offers the following payment methods: payment by card, bank transfer (payment order).
2.5.5. Payment by card means that upon completion of the Order, the Buyer will be redirected to a third-party payment server, where they will fill in the payment information. The information will be verified, the Order confirmed and the purchase price will be withdrawn from the Buyer's bank account.
2.6 Rights and obligations under the Sales and Purchase Agreement
2.6.1. The Seller is obliged to deliver to the Buyer the ordered Goods at the agreed purchase price and the Buyer is obliged to pay the transaction price and receive the Goods.
2.6.2. If the Buyer breaches the Purchase Agreement or the Terms and Conditions, the Seller reserves the right to withdraw from the Purchase Agreement. The Buyer is, in this case, obliged to refund to the Seller any costs incurred in connection with the Order, including, but not limited to, delivery costs, if the Buyer does not receive the Goods.
2.6.3. The Buyer is obliged to provide true and correct information in the Order. The Seller will consider all data provided by the Buyer, which are necessary for the conclusion of the Sales and Purchase Agreement, to be true and correct.
2.6.4. The Seller has no obligation towards the Buyer in relation to any Code of Conduct within the meaning of Art. 8 para. 1 letter e) of Law no. 365/2002 on electronic commerce.
2.6.5. For the amicable resolution of consumer complaints, the Buyer shall contact: office@hoffman-uh.roThe Seller will inform the Buyer of the result of the complaint procedure, by electronic means, at the e-mail address communicated by the Buyer.
2.6.6. The Seller holds a Certificate of Registration with the Bucharest Trade Register and its object of activity includes the sale of goods. The National Supervisory Authority for the Processing of Personal Data is the supervisory body for the protection of personal data. The National Authority for Consumer Protection is, according to the law, the supervisory body with regard to, among other things, compliance with Government Ordinance no. 21/1992 on consumer protection, as amended.
2.6.7. By this document, the Buyer assumes the risk regarding the change of circumstances within the meaning of Art. 1271, paragraph 3 letter C of the Civil Code.
2.7 VOUCHERS
2.7.1 The Seller offers various types of discounts; discounts are also granted in the form of vouchers which most commonly include discount codes.
2.7.2 Vouchers cannot be used repeatedly except where the respective voucher expressly stipulates otherwise.
2.7.3 If the voucher is used otherwise than in accordance with the rules of the voucher discount offer, the Seller has the right to refuse the discount or voucher in question. The Buyer will be informed accordingly and will be given the opportunity to place the Order without the requested discount. In the event of any misunderstandings/ambiguities regarding the interpretation of the rules applicable to discounts, the provisions of these Terms and Conditions shall prevail.
2.7.5 If you place an Order for multiple products and one of them is unavailable, Hoffman-UH will inform you accordingly. The remainder of the Order will be processed and shipped as requested by the customer.
3 Delivery of Goods
3.1 Delivery time
3.1.1. The delivery time runs from the moment the order is confirmed by the Seller and cannot be longer than 30 working days from the date of Order Acceptance, except in situations where the products are made to order or are classified as a "special order", in which case the delivery time is announced punctually, leaving the customer's option whether or not to maintain the order and accept the delivery time.
3.1.2. The Seller undertakes to ship the Goods as soon as possible.
3.2 Shipping, delivery and receipt of goods
3.2.1. The Buyer obtains title to the Goods purchased upon receipt of the Goods. At that time, the risk of loss or damage also passes to the Buyer.
3.2.2. Upon delivery of the package, the document confirming the proper execution of the delivery must be signed by the Buyer. This shall not affect in any way the Buyer's legal right to subsequently notify Hoffman-UH if he finds a defect or any other lack of conformity of the Goods. Refusal to sign the delivery document constitutes a refusal to accept the Goods.
3.2.3. Before receiving the Goods from the carrier, the Buyer is obliged to check that the packaging is intact and to immediately notify the carrier of any defects.
3.2.4. If the packaging is not intact, the Seller recommends that the Buyer refuse to receive the Goods from the carrier and send an email informing the Seller to the email address office@hoffman-uh.roBy signing for receipt, the Buyer confirms that the packaging of the Goods is intact.
3.2.5. Any complaints regarding mechanical defects of the Goods, delivery of goods other than those ordered, etc., which were not reported upon receipt of the goods from the carrier, shall be reported by the Buyer immediately after their identification, but no later than 48 hours from receipt of the Goods. The Seller shall be held liable for damage caused to the Goods during transport, only if the Buyer claims such damage immediately, in accordance with the provisions of these Terms and Conditions.
3.2.6. If, for reasons attributable to the Buyer (such as, but not limited to: refusal to receive the package, absence from the communicated delivery address), the Goods must be delivered repeatedly or by a delivery method different from that initially requested in the Order, the Buyer is obliged to bear all costs incurred by repeated deliveries.
3.2.7. The Seller may forward any communication addressed to the Buyer by electronic means, to the Buyer's e-mail address, made available through the created customer account or through the Order.
4 Withdrawal from the Sales Contract
4.1 Buyer's Withdrawal from the Sale-Purchase Contract
4.1.4. If the Sales Contract was concluded by means of distance communication (through the Online Store), the Buyer has the right, in accordance with art. 9 paragraph 1 of Government Emergency Ordinance no. 34/2014, to withdraw from the Sales Contract without giving a reason and without applying penalties, within 14 calendar days from receipt of the Goods, i.e. to return the product without justifying your decision. The Buyer shall inform the Seller of the withdrawal by sending a notification to the address retur@hoffman-uh.ro, indicating:
- Order number;
- date of purchase;
- IBAN account for returning the payment;
- the name of the bank account holder.
4.1.5. In order to comply with the 14 calendar day deadline, it is sufficient to send the notice of withdrawal to the Seller within this period. If the Buyer withdraws from the Sales and Purchase Agreement, the Sales and Purchase Agreement is cancelled.
4.1.6. For the Seller to accept the return request, the following conditions must be met cumulatively:
- the goods are in their original packaging and complete;
- they have intact protective seals, are not damaged, show no signs of wear/assembly;
- It is undisputed that the Goods, which are intended for a single use, have not been used.
The buyer will bear the direct cost of returning the products, he is only responsible for the diminution in value of the products resulting from manipulations, other than those necessary to determine the nature, qualities and functioning of the products.
4.1.7. If the Buyer withdraws from the Sales Contract within the legal period of 14 days and the returned Goods are not complete, have broken protective seals or are obviously used or damaged, the Seller may request compensation and determine and retain the amount of compensation from the purchase price claimed to be refunded to the Buyer. In this case, the Seller will return to the Buyer only the difference between the compensation and the purchase price.
4.1.8. The Buyer acknowledges through these Terms and Conditions, in accordance with art. 16 of Government Emergency Ordinance no. 34/2014, that he cannot withdraw from the Sale-Purchase Contract if:
- The delivered goods were made to the Buyer's specifications or are personalized;
- are intended for immediate consumption;
- the buyer removed the protective seal;
4.1.9. If the Buyer exercises his right of withdrawal, the Buyer shall immediately send to the Seller within the legal withdrawal period of 14 calendar days the Goods, which shall include all components and accessories.
4.1.10. In the event of the Buyer's withdrawal from the Sales and Purchase Agreement, the Seller is obliged, without unnecessary delay and within a maximum of 14 working days from the date of acceptance of the Goods that were the subject of the purchase or upon receipt of proof from the Buyer that he has shipped the Goods to the Seller, to return to the Buyer the transaction price paid for the Goods, by bank transfer to the account communicated by the Buyer.
4.1.11. In the event that the transaction price includes services that were used by the Buyer (e.g. gift card, gift voucher), the transaction price will be adjusted accordingly, with the Seller retaining the value of the services used.
4.1.12. To withdraw from the Purchase Agreement, the Buyer shall send the information to the e-mail address retur@hoffman-uh.ro.
4.1.13. If the Buyer pays for an Order with a voucher, the discount (equal to the value of the voucher) is divided between the products in the order, directly proportional to the value of each. In the event of the return of such an order, the balance resulting from the cancellation will be reused, the balance will not be refunded.
4.2 Seller's Withdrawal from the Purchase Agreement
4.2.1. Despite the fact that the Seller is very careful with regard to the market for the Goods offered, it may exceptionally happen that the Seller is unable to deliver the ordered Goods under the terms agreed upon in the Sales and Purchase Agreement. In such cases, the Seller reserves the right to withdraw from the Sales and Purchase Agreement.
4.2.2. Both the Seller and the Buyer have the right to withdraw from the Sales and Purchase Agreement in the event of significant changes in the wholesale prices of the ordered Goods, in the event of significant changes in the shipping prices or in the event that the Seller becomes aware that the Goods have been mistakenly offered at the wrong price and the Buyer does not accept the corresponding changes to the Sales and Purchase Agreement, i.e. an increase in the prices of the Goods or an increase in the delivery prices.
4.2.3. The Seller has the right to withdraw from the Sales Contract at any time before the delivery of the Goods to the Buyer.
4.2.4. The Seller is obliged to immediately notify the Buyer of its withdrawal from the Sales and Purchase Agreement at the e-mail address provided by the Buyer in the Order. The Seller is further obliged to return to the Buyer the transaction price paid for the Goods.
4.2.5. By these Terms and Conditions, the Buyer acknowledges and agrees that the Seller has the right to withdraw from the Purchase Agreement concluded with a Buyer who, during other contractual relations with the Seller, has already materially violated his obligations (repeated refusal to take over the Order). Material violation of any previous agreements with the Seller is considered a significant violation within the meaning of Art. 1551 paragraph 1 of the Civil Code and the Seller has the right to withdraw from the Purchase Agreement as a result of such a violation.
5 Warranty against defects. Warranty for proper functioning
5.1. The rights and obligations of the contracting parties in relation to the warranty against defects of the goods sold and the warranty for proper functioning (hereinafter referred to as the "Warranties") are governed by the applicable legislation in force.
5.2. The Buyer may exercise his right arising from the delivery of defective consumer goods within a time limit of 24 months from the delivery of the Goods. If the Goods, their packaging or the enclosed manual stipulate an average duration of use of the Goods, the term shall be reduced to this duration.
5.3. The Seller warrants to the Buyer that, upon delivery, the Goods are free from defects. The Seller, in particular, warrants that, upon delivery, the Goods:
- have the properties on which the parties have agreed, and, in the absence of such consensus, the properties which the Seller or the manufacturer has declared or which the Buyer expects with respect to the type of goods in question and the promotion by the Seller or the manufacturer relating to those goods,
- are suitable for the purposes communicated by the Seller or for the purposes for which the respective type of goods is usually used,
- correspond in terms of quality or design to the related model or sample, if the sample or model was the basis for the decision on the quality of the goods,
- are in quantity, have the appropriate measure and weight and comply with applicable regulations.
5.4. However, this warranty does not cover problems caused by normal wear and tear, neglect, damage or improper use of the product by you.
5.5. The Buyer shall confirm the rights arising from the Warranties with the Seller at the address designated by the Seller for this purpose, or, if necessary, at the Seller's registered office. The complaint procedure regarding defective Goods is initiated at the moment the goods have been delivered to the Seller.
5.6. In order to confirm the rights deriving from the Warranties, the Buyer is obliged to prove the existence of a Sales Contract between the Buyer and the Seller. The Seller may request the Buyer to present as evidence the printed Order Confirmation and proof of payment.
5.7. The buyer is obliged to specify, i.e. to provide a description of the defect for which the complaint procedure was initiated.
5.8. The Buyer has no rights in relation to the Warranties if the Buyer knew, before delivery of the Goods, that the Goods were defective, or if the Buyer caused their defect.
5.9. The Seller or its authorized representative shall resolve the complaint within a maximum of 7 working days. The time reasonably necessary to assess the defect is not included in these terms. The Seller shall complete the complaint procedure, including, if possible, eliminating the defect, within 30 calendar days from the date on which the Buyer notified the Seller of the lack of conformity of the product and handed over the product to the Seller on the basis of a handover-takeover document.
5.10. Unless the Seller invalidates the complaint, the Seller will confirm its acceptance to the Buyer; the confirmation will include, among other things, the identification data of the Buyer and the Seller, the content of the complaint, the requested remedy, the date and place of receipt of the complaint and the signature of the Seller's representative.
5.11. If the complaint is justified, the Buyer is entitled to reimbursement of the costs incurred in connection with the initiated complaint procedure.
5.12. The Seller is obliged to inform the Buyer about the completion and outcome of the complaint procedure, by electronic means, at the e-mail address provided by the Buyer in the complaint or at any other address at which the Buyer can be informed about the completion and outcome of the complaint procedure. This information will include the deadline within which the Buyer can collect the Goods.
5.13. If the Buyer fails to collect the Goods within this time limit, the Seller shall be entitled to reimbursement of any expenses incurred in connection with the storage of the Goods, and may, if necessary, sell the Goods on behalf of the Buyer. The Buyer shall be notified in advance and shall be given sufficient additional time to collect the Goods.
5.14. The buyer is responsible for packaging the shipped items so that there is no risk of damage during transport.
6 Final provisions
6.1. The language of communication between the Seller and the Buyer and the language of the Sales and Purchase Agreement is Romanian. All concluded Sales and Purchase Agreements are archived electronically by the Seller and are not available to third parties.
6.2. If any provision of the Terms and Conditions becomes, for any reason, invalid or unenforceable, the remaining Terms and Conditions shall remain unaffected.
6.3. The Seller may change or amend the Terms and Conditions. The amended Terms and Conditions shall enter into force on the date of their publication. The previous rights and obligations of both the Seller and the Buyer shall remain unaffected.
6.4. In the event of the introduction of an international element into the transaction based on the Sales Contract, the contracting parties agree that the relationship between them will be governed by Romanian law. The consumer's rights deriving from the generally applicable law will remain the same.
6.5. The Seller shall not be liable for any loss, injury or material damage, direct or indirect, caused by any defect in the Goods delivered, except where such loss, injury or material damage results from the Seller's negligence, omission or intent.
