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Terms and conditions

General provisions

The website of Darabont Winery, available at www.familiadarabont.ro, is owned by SC Sadelli Prodcom SRL, romanian law society, headquartered in Biharia, str. Gării, nr. 145, Bihor, registered at Registrul Comerțului under no. J05/428/1995, having Unique Registration Code 7160700, fiscal attribute RO.

Information Note on the Processing of Personal Data and the Privacy Policy, available here: Privacy Policy are part of these Terms and Conditions, and describe in detail how we collect, use and process the information of the users when they browse the site, as well as their rights regarding personal data.

To be able to use the site, users must be at least 18 years old and agree to this Regulation of Terms and Conditions.

By accessing and using this site, the user takes notice and accepts these Terms and Conditions, as well as other policies relevant to the site.

If you do not agree with these Terms and Conditions or any part of these Terms and Conditions, please do not use the site in any circumstances.

Definitions

Site

www.familiadarabont.ro

The society

SC Sadelli Prodcom SRL, romanian law society, headquartered in Biharia, str. Gării, nr. 145, Bihor, registered at Registrul Comerțului under no. J05/428/1995, having Unique Registration Code 7160700, fiscal attribute RO.

User / Users

Any user (s) who browses and / or reads and / or uses and / or creates an account on the Site and / or subscribe to the Newsletter.

Account

Represents a collection of personal information of users that allows them to access all areas of the Company’s Site.

Contract

The contract ended between the User and the Company, according to these Terms and Conditions.

Third Party Partners

Third Party Partners represent the partners on whose behalf we communicate with Users and are divided into: media partners, collaborators and event organizers.

Third Party Partners do not have access to the User’s personal data, unless the company has obtained a prior agreement from the User in this regard.

Personal data

Any information in connection with the user to the user that allows his identification directly or indirectly, including, but not limited to, first name, last name, gender, date of birth, email address, phone number mobile, if he is married, if he has children, the age of the children, etc. and which are provided by the user with the purpose of creating an Account on the Site, subscribing to the Newsletter, transmitting opinions and suggestions, publishing materials or for any other purpose.

Consent to the processing of personal data

It means any manifestation of free, specific, informed and unambiguous will of the data subject by which he / she accepts, by an unequivocal statement or action, that the personal data concerning him / her be processed.

Responsible for the protection of personal data

The company and / or the associated partners call a person whose purpose is to inform and advise the operator, or the person authorized by the operator, as well as the employees involved in the processing of their obligations under the law and to monitor compliance with the laws to the protection of the data and policies of the controller or of the person empowered by the controller with regard to the protection of personal data, cooperation with the supervisory authority, taking on the role of contact point for the supervisory authority on issues related to processing.

The contact person from the data operator, respectively the Data Protection Officer Officers) from his partner is:

Terms of delivery

For products in stock, the shipping time of the package differs depending on the location and the range in which you make the payment (in case of payment by card).

Delivery information:

The ordered products are delivered all over the country by Fast Courier – Fan Courier -, and the delivery fee for each package changes depending on the weight of the package.

The delivery schedule is between 8:00 a.m. and 5:00 p.m..

Delivery will be made to the desired address, within 2-3 working days.

Mentions of possible issues regarding the integrity / content of some packages are made at the time of delivery on the AWB or a statement of findings is drawn up, receipt and payment are refused packages. Any subsequent complaints regarding these issues are null and void.

We can’t be responsible for damages caused by delays in the delivery of orders due to external factors: special weather conditions, road accidents, strikes, calamities, street demonstrations or other special situations that could prevent the express courier from delivering on time, which is why www.familiadarabont.ro will not pay compensation for damages caused by non-timely delivery of products.

Return conditions

For any kind of problems with our products, do not hesitate to contact us at phone number: 0259 369 748 or write us an e-mail at: contact@familiadarabont.ro.

We will do our best to identify the best way to resolve your problem. You can return the products bought from us without penalties or a specified reason within 10 days, only in the same condition that you received them, without being damaged, altered, partially or totaly consumed. (We must receive them at the latest in 10 days from the moment you received them). www.familiadarabont.ro will refund the value of the products through bank transfer, within 30 days from the return.

The total costs of returning the products will be covered by the buyer.

The buyer will send back the product through courier service.

Shipping address for the returning packages: Biharia, str. Gării, nr. 145, Bihor. Accessing the site The users can access our site just for informing.

In this case, users accept the fact that they can’t view all the zones, because some of them require an account registration (examples: saving products, collections, events) At the moment of registration you account on the site, the user can choose for: Direct communication of the promotional campaigns, events invitations, special campaigns on anniversaries, through email, SMS.

Creating an account at our site for receiving optimised content depending on the user profile. Conclusion of the contract Registration and use of the site constitutes express and unequivocal consent of the user regarding the conclusion of the contract that includes Contract between the trading company and the user that wanna create an account on the website ends only if you follow all this steps:

  • The user age must be at least 18 years;
  • The user access the site www.familiadarabont.ro ;
  • The user reads carefully Terms and Conditions, Information Note, Policy Regarding the Processing of Personal Data;
  • The user creates an account by completing and transmitting real informations about himself, in the registration form on the site;
  • The user access for the first time the account using his username and passwords that will not be made known to any person.

In case that username and passwords was stolen or compromised, please contact us by e-mail at: contact@familiadarabont.ro. The contract will be considered concluded when the user receives a notification from the company in the form of an email sent to the address mentioned at the time of creation the account, mentioned at pont 3.2 letter d), unless the user does not want to create an account on the site. In this case, the contract will be considered concluded if the steps from point 3.2 letters a) c) are not followed.

By accepting Terms and Conditions, users understand that any other subsequent commitments or concurrent in connection with these Terms and Conditions is replaced by current Terms and Conditions.

These Terms and Conditions do not create rights for third parties.

Duration and termination of the contract

The contract is considered ended for an indefinite period.

The user can stop using the account created on the Site at any time, by deleting the created account. The Company reserves the right to immediately suspend or delete the account created by a user in any time and without notice if it finds that it does not comply with the provisions these Terms and Conditions or other policies published on the Site;

The user understands that after the termination of the Contract not to try to make a new registration of account on the Site, but will be able to use the Site only for informational purposes, subject to the conditions of point 3.2 letters a) c).

In case the contract will end, the provisions of sections 5, 8, 11 and 12 will remain applicable.

Use of the site

Users are not allowed to:

  • access and use the site for the purposes and by means that constitute an abusive use;
  • use the site in a manner or to take any action that causes or may cause damage to the site or impairment of the performance, availability or accessibility of the site;
  • use the site in any manner that is illegal, fraudulent or harmful or in a connection with with any illegal, fraudulent or prejudicial activity;
  • use the site to copy, store, host, transmit, use, publish or distribute anything materials that contain (or are in connection with) spyware, computer viruses, Trojan horses, worms or any other computer virus software;
  • conduct any systematic or automatic data collection activities (including without limitation to the extraction and collection of data) with respect to or in relation to the site, without the consent of prior written notice of the Company;
  • use the data collected from the site for any direct or indirect marketing activities, including, but not limited to, e-mail marketing, SMS marketing, telemarketing and direct mailing;
  • use the data collected from the site to contact individuals, legal entities or other persons and entities.

Processing of Personal Data

The general legal framework which regulates the protection of personal data is represented by General Regulation on Personal Data Protection no. 679/2016 (“GDPR”) applicable in European Union.

The site www.familiadarabont.ro  uses cookies. For more information about personal data collected through cookies the user must consult the available Cookies Policy here: Cookies Policy.

When you choose to create an account on the Familia Darabont website (“Account”), certain character data personal will be processed by Familia Darabont, mainly in order to be able to provide you with the service requested, namely access to the application, or to your account on the site.

More information about the processing of your personal data for these purposes, including on how you can withdraw your consent, you can find in the Information Note on Processing of Personal Data, available here: Information Note and Policy Regarding Processing Personal Data.

Intelectual property

The company respects the intellectual property rights of others and asks users to do the same to comply with any intellectual property rights held by the Company or third parties people.

The content and graphics of the site, including, but not limited to, all textual content, technical sources of all present and future services and facilities, are owned by the Company and / or, as the case may be, by the Company’s Commercial Partners.

They are protected by copyright on trademarks and other laws and treaties. The company doesn’t assume responsibility for the veracity intellectual property rights held by it’s trading partners and which are used on site as a result of the agreement of the latter.

In the situation that the content of the site referred to the Company ‘s commercial partners, specifically to intellectual property rights, or to the commercial activities which they carry out, respectively commercial campaigns, products and services, prices, etc..

The Company is not responsible for the accuracy and legality of the information of such content, which is made available in full by the trading partners, the latter bearing full legal responsibility for this content.

By using certain specific tools of the site, where specified, users give up, to the Company, the intellectual property rights including, but not limited to the texts published on the Site, the files uploaded to the Site.

Users have the obligation to respect all the intellectual property rights of the Company as well as it’s Partners promoted on the Site, provided by the legislation in force. Users are prohibited from using any image, brand or sign belonging to the Company or to third parties, if they don’t previously obtain the written consent of the legal holders.

Users may view, download and print other pages of the site for personal use only subject to the restrictions set forth below or in any other clauses of these Terms and Conditions. Any use of the content for other purposes, than personal use, can only be performed with the prior written consent of the Company and by indicating the source of the information.

In this regard, users are prohibited from:

  • to publish materials on the Site (including republishing on other sites);
  • to sell, rent or sub-license the materials on the Site;
  • to present any materials on the Site in public;
  • to reproduce, duplicate, copy or exploit the materials on the Site for commercial purposes;
  • to redistribute the materials on the Site, except for the specific content or made expressly available for redistribution.

Requests for the use of the content of the site for purposes other than personal may be addressed to SC Sadelli Prodcom SRL, Biharia, str. Gării, nr. 145, Bihor or by e-mail contact@familiadarabont.ro

These Terms and Conditions do not guarantee users any right, title or interest on the site, to the content owned by others and published on the site, trademarks, signs or other intellectual property rights owned by the Company.

Considering the fact that the Company wants to improve the user experience on the site, this encourages opinions and suggestions; however, the Company may use comments or suggestions in any way of obligation to users.

Opinions and suggestions can be sent to SC Sadelli Prodcom SRL, Biharia, str. Gării, nr. 145, Bihor or by e- mail contact@familiadarabont.ro

Waivers and assignments

No situation in which the Company does not act immediately to exercise a right of or will not be interpreted as a waiver of that right or the exercise of that right.

If a provision of these Terms and Conditions will prove invalid or ineffective, the other provisions will not be affected by it, remaining in force and fully valid, being interpreted in the broadest meaning permitted by law.

In the above case, invalid provision or without effect will be replaced through another, legally acceptable and to produce legal effects as close as possible to the company’s intention. Most also apply to omissions.

Users may not assign some or all of the rights  pursuant to the present of the Terms and Conditions.

Limitation of responsibility

The company provides the Site AS IS, WITH ALL THE VICES AND AS IT IS AVAILABLE, without any express or implied warranty. WE ALSO DISCLAIM ANY WARRANTY, INCLUDING ANY WARRANTIES OF MARKETING, SATISFACTORY QUALITY, ACCURACY FOR A PURPOSE OR SPECIAL NEED. WE DO NOT GUARANTEE THAT THE RESULT THAT CAN BE OBTAINED FROM THE USE OF THE SITE IT WILL BE EFFECTIVE, SAFE OR ACCURATE OR THAT IT WILL MEET THE USER’S REQUIREMENTS.

The company does not guarantee that the site will be constantly available or available.

If maintenance is required and the site is not available for maintenance, the company will inform users when the site is accessed.

The company will not be responsible for internet / network failures and, in particular, for failures due to which the Site cannot be accessed due to technical or other difficulties encountered outside the sphere of influence of the society, e.g. force majeure, the fault of third parties.

The Company is not responsible for inaccurate and / or untrue personal data provided by Users, especially those provided by minors, in order to create the appearance of a minimum age of 18, in order to create an Account on the Site.

The user understands that the Company has no control or obligation to act on:

  • the content that is accessed by the User through the Site;
  • the effect of the content on the User accessed through the Site;
  • the interpretation or use by the User of the content of the Site;
  • the actions taken by the User as a result of accessing the content of the Site;
  • content or accuracy, copyright compliance, legality or decency materials / information that can be found on the links that link to other sites, by the Processing of Personal Data and the regulation of terms and conditions practiced by these. It is recommended to consult the legal terms and other information related to collection of personal information. The rules set out in this text apply only in the case information collected on this Site;
  • the damages caused by errors, inaccuracies or non-updating of the information published on the Site and which come from external sources;
  • the damages created as a result of the re-operation of the Site as well as for those resulting from the impossibility of accessing certain links published on the Site;
  • the company doesn’t take responsibility for any indirect, special, incidental damages resulting from use, or inability to use the site;
  • the user understands that the Company is not responsible for any loss, costs, lawsuits, claims, expenses or other liabilities, if they are directly caused by non-compliance with these Terms and Conditions.
  • the user understands that if the prices or other details regarding the products / promotions of The Company’s trading partners were displayed incorrectly, the Company reserves the right to change the information displayed on the Site, without being held liable;
  • the user understands that the images are presented on the Site as an example, and the products of the Partners The Company’s sales, delivered, may differ in any way, both as an image and due to the change characteristics, design, without being able to attract the responsibility of the Company;
  • the company does not guarantee the optimal use of the Site except by using the Internet browser Explorer at least at version 9, Google Chrome, Mozilla Firefox, Safari.

Law applicable in the competent court

These Terms and Conditions are governed and interpreted in accordance with Romanian law.

In advance, we will try to solve any dispute with these Terms and Conditions, on amicable settlement within 15 working days from the date of notifying the problems in writing, by User.

If the parties do not reach an agreement on the dispute, it will be addressed to the competent Romanian court for settlement.

Consumers can not waive their legal rights. Any contractual clauses that remove or limit the rights conferred by law on consumers will not have any effect on them.

Updating Terms and Conditions notice

These Terms and Conditions have been updated on 06.08.2020

SC Sadelli Prodcom SRL. reserves the right to revise and update this Terms and Conditions regulation at any moment.

So, please check the section related to the Terms and Conditions, when accessing the site, because changes may have occurred since the last visit.

If you have any questions about the information contained in this page, please write us at contact@familiadarabont.ro

If a modification / completion affects the rights of the User, the Company will notify by sending a message to the email address associated with the Account.

By continuing to use the Site after the entry into force of any changes / additions, the user agrees to respect them.

IN CASE OF USER DOES NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, INCLUDING THESE CHANGES / COMPLETIONS SHOULD STOP USING THE SITE AGAIN.