TERMS & CONDITIONS
1. Agreement
These are the terms and conditions (the “Agreement”) governing your use of the website www.elbons.com (hereinafter referred to as the “Site”). These terms and conditions (including the Privacy Policy and any other terms which have been referred hereinafter) constitute your binding obligations towards ELBONS (hereinafter referred to as “ELBONS” or “elbons.com”). For the purpose of this Agreement, End User/User/Registered User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Site by providing Registration Data (as defined hereinafter) while registering on the Site using the computer systems of the Site and accepted this electronic version / electronic record of the Agreement and has allocated himself a unique identification user name (“User ID/ Email” and “Password”). As a new Registered User, this Agreement shall be effective and binding upon your “Acceptance”. “Acceptance” shall mean your affirmative action in clicking on “checkbox” and on the “continue” button as provided on the registration page. If you do not agree or are not willing to be bound by the terms and conditions of this Agreement and the Privacy Policies, please do not click on the “check box” and on the “Continue” button and do not seek to obtain access to or otherwise use the Site.
2. Understanding BONASERV srl /ELBONS
BONASERV srl (elbons.com) It’s a company with headquarter in Hărman, Brașov county, Ștefan cel Mare Street no. 327M, formed and working through the guidance of Romanian legislation, as having the Registration No: J08/1855/2004 and Tax Code: RO16665450 (phone. +40 371 480 442, e-mail. office@elbons.com). All the information required from you shall be used by us in commercial purposes in our company, as it follows:
- Processing the orders
- Providing products/services
- Answer your requests, questions or complaints
- Marketing and product research and product marketing associated with elbons.com
- Registering your information in order to receive promotions or personalized offers, sales and other benefits
Which personal data are we collecting?
The personal information we collect are: your personal identification data, transaction data, location data (or any other form of identification that we may collect through any source or collaboration we are involved with you, or you are the client).
For what period of time are we keeping your data?
Your data are preserved throughout the entire contractual collaboration and after that (at least a length of period of time imposed by this field National Regulations).
Are we giving your personal data to third parties?
Bonaserv srl respects your data confidentiality you provided. Therefore, We are not going to give your personal data to third parties unless It’s not for fulfillment of the contract between the two parties (for ex. Transportator/Courier – information regarding name, address, phone number). Bonaserv srl it’s also a personal data operator under the license no. 10643/2009/ANSPDCP.
Elbons.com doesn’t encourage SPAM messages and won’t share your personal e-mail address to third parties (people or companies), also don’t sale, offer or trade e-mail addresses gained through the registration process on elbons.com.
Which are your rights and how are they exercised?
- Right for information (you may always request information about the activities of how we manage your personal information)
- Right to rectification (you may always rectify your personal data or add new information)
- Right to erase your personal information (you may always request to delete your personal information, if the way we proceed in collecting your personal information was a mistake or was illegal, or any other cases stipulated by National Regulations).
- Right to restrict data handling (you may always request a restriction of how we handle your personal information in case you contest data accuracy, as well for other cases based on National Regulations)
- Right to contest (you may always contest the way we collect and handle your personal information to National Authority of Surveillance Personal Data Handling – ANSPDCP Romania)
- Right to withdraw consent (you may always withdraw your consent of using personal information. This action will generate impact only in the future, but the previous data handling stays available).
Other rights you have: you may always request human intervention about the way your personal data were handled, express your point of view and contest decisions. This can happen if you request any of your rights through our form contact: https://www.elbons.com/contact, e-mail office@elbons.ro, phone +40 371 480 442.
Electronic Communications
When you visit our website or send us an email, it means that you are communicating with us electronically. By doing this, you consent:
receive messages in the same way from elbons.com;
to accept the messages posted by us on the elbons.com ;
that all agreements, messages, notes or other communications that we send electronically meet all the legal requirements that such communications involve.
3. Use of this Site
By accepting these Terms of Use through your use of the Site (elbons.com), you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. ELBONS is at sole discretion and reserves the right to terminate your membership or restrict access to the site for any reason whatsoever.
The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited (The contents of this site text, graphics, logos, icons, images are the property of BONASERV srl through the trademark “ELBONS ®” and fall under the copyright provided by Romanian and EU law). Copyright for displayed digital photographs, sketches, documents and certain texts (articles) may be produced, reproduced or adapted by us with the consent of the authors mentioned at the end of that text, as applicable. The copyright of photos, technical descriptions, sketches, as well as for the logos and slogans of our partners and collaborators belong to them, and are reproduced with their consent if there are such cases.
The photographs, sketches and information on the website as well as the online catalogs, prints and CDs made available to you are protected by Law no. 8/1996 on copyright and related rights, amended or introduced by Law no. 285 of 23 June 2004, amended or introduced by Emergency Ordinance 123 of 1 September 2005 and Law no.84/1998 on trademarks and geographical indications – M.Of.no.161. /23.04.1998 Government Decision No.833/1998 approving the Regulation implementing Law No.84/1998 on trademarks and geographical indications – M.Of.No.455/27.11.1998 Government Ordinance No.41/1998*) (*republished*) on fees in the field of industrial property protection and the regime of their use, published in the Official Gazette No.959 of 29 November 2006.
Any reproduction, use on the websites or in the personal advertising of users, total, partial, sequential copy, in any format and in any form, without the express written consent of BONASERV srl Brasov, entails criminal and material liability of the perpetrator under the Law.
These materials can be used only for informing customers, partners, collaborators, employees, family members, in the original format, with the original inscriptions on the products in the catalog. All products presented may be included in projects, presentations, articles in magazines or newspapers with the express, clear and unaltered indication of the source and the written agreement of Bonaserv srl.
As of now elbons.com will offer services within the UE and Europe geographical boundaries. Elbons.com is at sole discretion to cancel any order if we consider that particular area is over our delivery purview. Elbons.com is not liable for any claims relating to the products ordered over the specified countries by us.
4. Accessing ELBONS Website
BONASERV srl. offers you the limited right to access and use this website for personal purposes. Limitation is required in case of download and storage (otherwise than in cache) or modification, in whole or in part, of the content of this website, in the situation where there is no written acceptance from us. It is not allowed to make up for or use for commercial purposes this website, products, categories or prices, in part or in full, without our written consent. This website, in its entirety or in part, may not be reproduced, copied, sold, resold, visited or otherwise exploited for a commercial purpose without our written consent. It is not allowed to use in frames brands, logos or other specific information elbons.ro (including images, text, design, expressions) without our written consent; It is not allowed to use meta-tags or other hidden text that contains the name elbons.ro or other trademarks registered from this website without our written consent. It is allowed, with the right of revocation and non-exclusive, creating hyperlinks to the main page of elbons.ro as long as that link does not denigrate or put in an unfavorable light elbons.ro, its partners or the products included in the store.
Your account
If you use this website, you are directly responsible for maintaining the confidentiality of your username and password and for restricting access to your computer and you agree to accept responsibility for any activity that takes place or is taking place will carry out in your account under your username and password. Our store sells products that can also be used by children, but buying (purchase) can only be done to an adult.
The order placed on the BONASERV website is not valid until it has been confirmed by one of the BONASERV srl representations. by a written form, e.g. email, fax.
BONASERV srl has the right to refuse services, to cancel accounts, to delete or modify the content of your personal website or account or to cancel orders without any prior restrictions or notices.
Security
When you register with elbons.com , You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password. You agree to:
(a) Immediately notify us of any unauthorized use of your User ID or password of which you become aware, and
(b) Ensure that you exit from your account at the end of each session.
Information Accuracy and Pricing
Our Endeavour is to provide you with the lowest prices possible and accurate pricing information at elbons.com. If there are any instances where a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, elbons.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product. In that event elbons.com is at its discretion; either contacts you for instructions or cancels your order and notifies you of such cancellation.
Please note that the prices mentioned on our website are EUR prices only. The actual price you pay will be the price charged by elbons.com at the time your order is picked for delivery. Elbons.com cannot confirm the price of a product until you place an order.
Impressions, comments, miscellaneous communications
Visitors can send impressions, comments, suggestions, ideas, questions or other information, as long as their content is not illegal, obscene, threatening, defamatory, paying attention to modesty or intellectual property rights or insulting a third party. It must also not constitute or contain viruses, political campaigns or any form of spam. Elbons.com reserves the right (but does not undertake) to eliminate or modify such a type of content.
Risk of loss
All products purchased from BONASERV srl fall under a command or contract of carriage, if the carrier is employed by us. This means that we take the risk of losing or degrading the product when the transport by any means is engaged by us. In such cases we send a new product to replace the lost or degraded one. You also agree to be responsible for not verifying the integrity of the products as well as the quantity ordered at the time of their delivery by the carrier, regardless of who he is: courier, carrier in the group or our means. Understand that these findings are made in front of the carrier by recording on the notice, transport sheet, invoice or reception case, otherwise they cannot be the object of replacement but only of remedying for a fee the problems encountered. The guarantee cannot be invoked in this case.
Description of the goods
BONASERV srl. tries to present to you in as much detail and correctly as possible the products on the website. However, BONASERV srl. does not guarantee that the description of the products and services as well as the content of this website is free of errors, complete and 100% current. We specify that there is a very high possibility that the picture of the product presented on the site will be viewed in different colors and shades from monitor to monitor. If a product offered by our store does not correspond to the description or form in the photo or is sent incorrectly, the only possibility to remedy the situation is to return the unused product. Anyway, to avoid misunderstandings of this kind it is necessary to consult with one of the Sales Consultants by telephone before completing the Order. For more details check the page that contains the return conditions in the Shipping and Returns link.
Availability and Acceptance
At elbons.com, we make all efforts to procure the products requested by our customer. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver a substitute product and you have discretion to reject the product if you choose to.
Shipping and Delivery
Purchases are delivered by different transporters / couriers or own vehicles. The cost of delivery is auto calculated by one of our Sale Representatives, based on volume/weight /destination.
We would like to pass on the maximum benefits to our customers we are delivering the goods / products also on weekends if it is demanded and can be done.
The above mentioned timings are estimated based on the volumes and they are not the standard delivery timings. Whilst we make every effort to deliver all your goods in the agreed time, however there would be some unforeseen instances like Traffic Jams, Bandhs by political parties, Vehicle breakdown, etc, which could hinder the delivery.
All goods must be signed for on delivery by an adult aged 18 years or over. If we attempt to deliver your order to the delivery address but there is nobody at the delivery address to accept your order, the delivery person will leave notification of attempted delivery and you will need to contact our call center to re-arrange delivery. Maximum attempts to re-arrange the delivery is twice and for every re-arranged delivery you would be charged. In case if you have already paid for the products we would issue you a credit note by deducting the delivery charges.
Definition of offerent guarantees and limitation
Elbons.com does not assume responsibility for the guarantees offered by the service providers, direct or indirect, regarding this website or for the information, content or products included in it. The use of this website is the responsibility of the user.
In accordance with the laws applicable in Romania, elbons.com disclaims any liability regarding direct or indirect guarantees, including – but not limited to – the commercial character of the products. BONASERV srl. does not guarantee that this website, host server or e-mails sent do not contain viruses or other harmful elements.
BONASERV srl cannot be held liable for any damage of any kind caused by the use of this website, including – but not limited to direct, indirect, accidental or consequential damages.
5. Retention of Title
The SELLER will maintain exclusive ownership over the goods sold until their price has been entirely paid by the CUSTOMER.
In case of non-fulfilment or late fulfilment of the obligation to pay the price of the goods, without prejudice, the SELLER shall be entitled to enter the premises where the goods are held, re-possess the goods and withhold, as liquidated damages, any amount already paid by the CUSTOMER.
6. Disclaimer
You expressly agree that your use of the elbons.com site, and of any user content, information, advice, services, products, and other materials contained in or described on the elbons.com site, is entirely at your own risk, and that all such information and materials are provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, we make no, and hereby disclaim all, representations or warranties of any kind, express or implied, as to the availability, operation and/or use of the elbons.com site, including but not limited to any user content provided via the elbons.com site, and all other content, services, products, and other. Information and materials contained in or described on the elbons.com site, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, and implied warranties arising from course of dealing or course of performance. In addition, we do not represent or warrant that the information and content accessible via the elbons.com site is accurate, complete or current, and we are not responsible for any errors or omissions therein or for any adverse consequences resulting from use of, inability to use, or reliance on any aspect of the elbons.com site, including but not limited to user content and all other content, services, products, and other information and materials contained in or described on elbons.com site. Further, we make no representations and warranties that the elbons.com site will be uninterrupted, secure, or free of errors, viruses, or other harmful components. No advice or information, whether oral or written, obtained by any user from us or the elbons.com site shall create any warranty not expressly stated herein.
Elbons.com reserves the right to refuse or cancel any orders placed for products. In the event of a pricing error on the elbons.com Site, elbons.com reserves the right to cancel any orders resulting from such pricing errors.
WE RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
7. Restrictions on Rights to Use
Everything located on or in the Site, including the Microsites, is either the exclusive property of Bonaserv srl or used with express permission of the respective copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES, WITHOUT THE EXPRESS WRITTEN PERMISSION OF Bonaserv srl. IS STRICTLY PROHIBITED. Any violation of these terms may result in a copyright, trademark or other intellectual property right infringement that may subject the End User to civil and / or criminal penalties. This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Bonaserv srl. protected by copyright as a collective work under the applicable copyright laws, including European Copyright Act, (including any amendments or modification or re-enactment thereof). Bonaserv srl owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The End User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. The End User may download / print / save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under the applicable copyright laws, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Bonaserv srl and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The End User acknowledges that he/she/it does not acquire any ownership rights by downloading such copyrighted material of Bonaserv srl (known as ELBONS). Trademarks that are located within or on the Site or a Website otherwise owned or operated in conjunction with ELBONS and/or elbons.com shall not be deemed to be in the public domain but rather the exclusive property of ELBONS, unless such site is under license from the respective trademark owner thereof in which case such license is for the exclusive benefit and use of ELBONS, unless otherwise stated. The End User further agrees that it shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right protected work. ELBONS does not have any express burden or responsibility to provide the End User with indications, markings or anything else that may aid the End User in determining whether the material in question is copyrighted or trademarked. The End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, the End User represents and warrants to ELBONS that the owner of such material has expressly granted ELBONS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants ELBONS the right to edit, copy, publish and distribute any material made available on this Site by the End User. The foregoing provisions of this Section apply are for the benefit of ELBONS and equally beneficial to its parent, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Ownership
As between you and us, the elbons.com Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the elbons.com Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms and Conditions shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the KroneMag.eu site are the proprietary property of BONASERV srl. or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the elbons.com site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the elbons.com Site without the express written permission of the trademark owner.
Nothing in these Terms and Conditions shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.
Termination
In addition to any other legal or equitable remedies, elbons.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and elbons.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
8. Intellectual Property Rights
If the goods are manufactured by the SELLER based on design specifications, drawings, models or other specifications from the CUSTOMER, the CUSTOMER shall indemnify the SELLER and hold the SELLER harmless in the event of any breach of proprietary rights and upon request from the SELLER, shall join the corresponding proceedings as a party or intervening party at the expense of the CUSTOMER and shall conduct the lawsuit to the SELLER’s benefit.
Offer and project documents as well as performance documents such as plans, sketches, and other technical documents as well as samples, catalogs, prospectuses, illustrations, etc. always remain the intellectual property of the SELLER and are subject to the applicable legal requirements as regards copying, reproduction, competition and the like.
9. Applicable law
This agreement and each Terms and Conditions shall be governed by and constructed in accordance with the laws of Romania without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Brasov.
10. Entire Agreement
These Terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. If any provision of these Terms and conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of Elbons.com to act with respect to a breach of these Terms and conditions by you or others does not constitute a waiver and shall not limit Elbons.com rights with respect to such breach or any subsequent breaches.
Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. These Terms and conditions shall be governed by and construed under Romanian law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the Romanian courts and you consent to the exclusive personal jurisdiction of such courts.
11. BONASERV srl. Policies – CHANGES
Please review the other policies of BONASERV srl such as pricing policy or return policy, policies that also condition your visit to elbons.com. We reserve the right to make changes at the store at any time, to the Company Policies (regardless of which they are) as well as in these Terms and Conditions of Visiting and Use of the ebons.com store.