General Conditions for using the moodeq.eu website and online store
Thank you for your interest in our company, website, services, and/or products. Please read this document carefully, hereinafter referred to as “This Document,” “Contract,” or “Terms,” along with the documents mentioned within it.
This document represents the conditions for using the mood-eq.eu website (hereinafter referred to as the “website”) and placing orders for products and services through the website. By browsing our website or placing an order, you agree to the Terms and Conditions described below. This document constitutes a legal agreement – a contract between you and us.
Please also read the Privacy Policy and the Cookie Policy before browsing the website or placing an order. If you do not agree with these Terms or the Policies mentioned above, please do not use the website.
The “Terms and Conditions” section outlines how SC Contemporan Affairs SRL conducts its business and helps define your relationship with our website when interacting with our services, encompassing the rules that will govern the relationship between you as a Client and us as a Seller, as well as the conditions for using the mood-eq.eu website by potential visitors or customers.
The “Terms and Conditions” document is drafted in accordance with the mandatory provisions stipulated by applicable legislation, specifically Law no. 365/2002 on electronic commerce and Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as for the amendment and completion of certain legislative acts.
01. Introduction. Definition of Terms Used
01.1 Who Are We?
Below you will find our identification details:
– Name: SC Contemporan Affairs SRL
– Headquarters: Strada Aviatiei nr 34 bl 15M scara 3 et 4 ap 57 Sector 1 Bucuresti
– Trade Register Number: J40/14892/2018
– Unique Identification Code (CUI): RO40010887
– E-mail: contact@moodeq.eu.
In this document, we will refer to ourselves using the official name mentioned above or under the brand name Mood-EQ as the “Seller,” “Provider,” “Company,” or “Organization.” We are a company that offers products and services through the mood-eq.eu website and its subdomains or affiliated websites (hereinafter collectively referred to as the “Site”) and other tools made available to the Buyer to access services, as well as through all media profiles/pages associated with this brand.
01.2 Definition of Terms Used
– Seller or Provider: Refers to SC Contemporan Affairs SRL as introduced above.
– Client/Buyer: Represents any natural person aged at least 18 years with full legal capacity or any legal person/entity that creates or does not create an Account on the Site and places an online Order. “Client/Buyer” also includes a legal person who places an Order through a natural person on its behalf. Adults who authorize minors to use the Site are responsible for their entire behavior on the Site and for all actions that minors may take.
– Products or Services: Refers to any goods/products or services that are offered to the Client/Buyer for purchase at a cost through the moodeq.eu website.
– Contract: Refers to the remote agreement (without simultaneous physical presence) between the Seller and the Client regarding the sale/purchase of one or more Products or Services from the website by placing an Order by the Client and its acceptance by the Seller, in compliance with legal provisions and the terms and conditions for online sale/electronic commerce. The contract is usually concluded in the Romanian language.
– Account: Refers to a unique interface of our website that involves personalizing a section of the website by entering an email address and password, a section that contains various information about the Client.
– Order: Refers to the commitment expressed through the website by the Client to purchase one or more Products under the conditions stipulated in this document and/or agreed with the Seller through a remote communication means.
– User: Any person who has created an account on the website.
– Visitor: Any person who accesses the website.
– Site: Refers to our website moodeq.eu, as well as any section or subpage of it.
Other terms used in this document have the meaning conferred by the applicable legal provisions.
02. Online Sales Policy
02.1. Any potential Client acting for a legitimate purpose and intending to purchase one or more Products from us in compliance with these terms and conditions is allowed access to the moodeq.eu website to place an Order.
02.2. The Client declares that they accept and agree with the remote communication method (e.g., by phone or email) through which we conduct our operations when using the website and, if applicable, registering an Order.
02.3. If there are errors regarding the price or any other details of the Products and you have placed an order, we will inform you via email or another agreed communication method as soon as possible about such an error.
02.4. When there is a promotion or campaign of any kind in progress, the Products subject to sale within it will be subject to the terms and conditions applicable to that campaign or promotion, which we will inform you about.
02.5. All promotions or campaigns presented on the website are valid for the specified duration, and if no duration is indicated for the promotions, they will be valid within the limits of available stocks/places or for the duration we deem appropriate to achieve our goals.
02.6. We do not guarantee the availability of all Products at all times, and we reserve the right to discontinue the sale of a product at any time.
02.7. Any questions or concerns can be addressed with confidence at the email address: contact@moodeq.eu or by completing the contact form, and we guarantee a response as soon as possible.
03. Ordering Products and Services
03.1. The Client expresses their agreement to enter into a bilateral contractual relationship with us – the SC Contemporan Affairs SRL team – by placing an online order, which may contain one or more of the products or services offered on our website.
03.2. Any natural person (who has reached the age of 18) or legal entity may place an order from the client account menu, which will facilitate interaction with us and may bring benefits (exclusive promotions, discounts, bonuses, etc.).
03.3. Adding a product to the shopping cart does not constitute a reservation, and an order will be considered valid and completed after going through all the steps in the “Finalize Order” menu and only after confirming full payment of the price of the products or services you opted for. By completing the Order, you confirm that all the data you provided is correct, complete, and true at the time of placing the Order and explicitly acknowledge that the respective Order involves your firm obligation to pay the “total amount to be paid.” Any other method of the purchase procedure will not lead to the conclusion of a valid contract, and we will not be obligated to deliver the respective product or service.
03.4. We inform you that we cannot estimate the time required to complete and deliver products and/or services that require additional information from you or that involve customization of the products/services already available.
03.5. The order will be considered accepted by us no later than upon delivery in physical format or provision in electronic format of the ordered Products, and in the case of an unaccepted but paid order, we will return the transferred amounts. The notification received by email after placing the Order regarding the receipt of the respective Order is informative and does not constitute acceptance of the Order by us.
03.6. The Client undertakes not to resell or distribute the products purchased through the website. The Products are intended for personal use, and in the case of professional use, there is the possibility of presenting the Client with a personalized licensing offer.
03.7. The Client is directly and fully responsible for violating the provisions mentioned above, and in this case, the Seller reserves the right to demand the Client the difference in amount for each Product that they passed on, whether partially modified or not, and this right does not exclude the possibility for the Seller to recover their entire damage suffered by any legally recognized means, including by contacting those persons where we find the documents to request information regarding the purchase of the Products.
03.8. The Seller/Provider may cancel an Order placed with simultaneous or subsequent notification (such cancellation does not entail any liability on our part) in the following cases:
a) The transaction is not accepted by the card-issuing bank (the bank that issued the card does not accept the Transaction in the case of online payment);
b) The card processor with whom the seller collaborates does not validate or invalidates the Transaction (for example, either because there are insufficient funds or for other reasons according to the processor’s policy);
c) The Payment is not completed within the period indicated on the proforma invoice in the case of bank transfer/internet banking payment;
d) The data provided by the User/Client when accessing the Platform is incomplete or incorrect;
e) The user/client does not confirm the Order when contacted by the seller for this purpose;
f) The seller reasonably considers that by accessing the Platform and placing the Order, the user/client pursues an illegal purpose or one that may cause any damage to the Seller/Company, its Affiliates, or Partners;
g) Any of the terms and conditions of this document have not been fully complied with.
04. Price of Services and Products, Invoicing, and Payment
04.1. The prices of the Products displayed on the site or communicated to the Client are expressed in Lei and may or may not include VAT according to the legislation in force as displayed on the site, and are considered valid prices for the Products displayed on the site or communicated to the Client at the time of completing an Order.
04.2. The Seller may update the prices of the Products, and such an update will replace any previously displayed prices for the respective Products.
04.3. Prices do not include delivery costs unless expressly specified or offered as a bonus for large orders.
04.4. If the price is not displayed, the Client will have the opportunity to request an offer, and an operator will communicate the price as soon as possible.
04.5. The price of the ordered product is the one displayed at the time of placing the order.
04.6. The price printed on the invoice is the same as the one communicated by the operators at the time of confirming the order.
04.7. The payment methods are available on the order launch page.
04.8. Based on the information held by the Seller and those provided by the Buyer, an invoice will be issued for the delivered goods. The package will also be accompanied by the documentation required by law for the ordered product(s), where applicable: certificate/declaration of conformity, warranty certificate, user instructions, etc.
04.9. The Seller will issue the invoice for the products or services purchased based on the identification data that the Client will communicate, and the invoice will be delivered together with the ordered products or services to the Client’s email or in the Client’s account. This invoice is valid in this format even without a stamp or signature from the issuer.
04.10. For card payments, no additional fees will apply, and the Seller is not responsible for any other costs incurred by the Client in addition to the Product’s purchase price, including but not limited to bank transfer or currency conversion fees applied by the Client’s card-issuing bank if the card’s issuing currency differs from the currency in which the sale is made.
04.11. The Client will be fully responsible for any payment made in error, and in such situations, the Seller will analyze the situation and decide on a case-by-case basis whether the money already paid can be refunded, with the Client being solely responsible for these payments.
05. Stocks
05.1. Products are available in stock, but the seller cannot guarantee the availability of posted products.
05.2. Clients are correctly informed according to the terms and conditions of the availability of ordered products before confirming the delivery, and communication errors in this regard may rarely occur.
06. The Client’s Right of Withdrawal in the Case of Digital/Electronic Products
06.1. In the case of the sale of digital/electronic products, the Client understands and accepts that the Products and Services sold on the mood-eq.eu website are exempt from the right of withdrawal from the contract in accordance with the applicable legislation as they involve the provision of digital content that is not delivered on a tangible medium, and the provision has begun with the prior express consent of the Client. The amounts paid for a product or service from our website will not be refunded.
06.2. The Seller may decide in exceptional cases and only at its discretion to refund certain amounts (in full or in part) depending on particular cases according to our commercial policy.
07. Return Policy
07.1. According to Government Emergency Ordinance no. 34/2014, the Client/Consumer has the right to withdraw from this contract within 14 (fourteen) days without providing any reason and without incurring any penalties.
07.2. The withdrawal period expires after 14 (fourteen) days, calculated from the day on which the Client/Consumer or a third party, other than the carrier, indicated by the Client/Consumer, acquires physical possession of the products.
07.3. To exercise the right of withdrawal, the Client/Consumer must inform the Seller of their decision to withdraw from this contract using an unequivocal statement, for example, a letter sent by email to contact@moodeq.eu.
07.4. For this purpose, the Client/Consumer may use the withdrawal form attached in Annex no. 1, but its use is not mandatory.
07.5. To meet the withdrawal deadline, it is sufficient for the Client/Consumer to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
07.6. In the event of withdrawal by the Client/Consumer, the Seller will refund any amount received from the Client/Consumer, except for additional costs resulting from the Client/Consumer choosing a different delivery method than the least expensive standard delivery type offered by the Seller, without undue delay and in any case no later than 14 (fourteen) days from the date the Seller is informed of the Client’s/Consumer’s decision to withdraw from this contract.
07.7. Additional costs represent any costs (transport, delivery, reduction of product value resulting from handling other than what is necessary to determine the nature, characteristics, and functioning of the products, postal or other fees) that the Client/Consumer will incur when exercising the right of withdrawal.
07.8. Courier service costs, if the respective order did not benefit from free shipping, are not refundable.
07.9. Standard delivery is considered the delivery offered free of charge by the fleet of TCE Holding for orders greater than 1000 Lei.
07.10. The refund will be made using the same payment method as the one used for the initial transaction unless the Client/Consumer has explicitly agreed to another refund method and no fees will be charged as a result of such a refund.
07.11. The refund may be delayed until the Seller receives the products back or until the Client/Consumer provides proof that they have sent the products back, whichever is the earliest.
07.12. The conditions for the right of withdrawal apply only to Clients/Consumers who are natural persons defined by the provisions of Government Emergency Ordinance no. 34/2014 (art. 2 point 1).
07.13. The Client/Consumer will bear the direct cost of returning the products and is responsible for the integrity of the product until it enters the possession of the store.
07.14. The Client/Consumer is directly responsible for the reduction in value of the products resulting from handling other than what is necessary to determine the nature, characteristics, and functioning of the products.
07.15. At the Client’s/Consumer’s request and with their consent, the Seller may recommend that the Buyer purchase another product of equivalent quality and price to those requested in the first order.
07.16. The initial order will be canceled on the date of confirmation of the order for the product(s) that replace the initial product.
07.17. Products that cannot be returned include:
– Products that were the subject of a special order;
– Products that were distinctly personalized at the Consumer’s request;
– Products manufactured according to the Client’s/Consumer’s specifications (for example: coloring the product in the desired color by the Client/Consumer);
– Products showing signs of hitting, damage, wear;
– Products that have been unsealed and no longer have the original packaging intact with all accessories and intact labels;
– Products put in an unsuitable condition for resale by any means;
– Products that can deteriorate or expire quickly;
– Sealed products that cannot be returned for health protection or hygiene reasons and that have been unsealed by the buyer (e.g., underwear);
– Products that are inseparably mixed with other elements.
07.18. The Seller will bear the return costs if it is attributable to them (for example, the products received do not correspond to the order, are other than those requested by transmitting the order, etc.).
07.19. For other information regarding product returns, please contact us via the contact form or at the email address: contact@moodeq.eu.
07.20. These provisions are supplemented by Law no. 365/2002 on electronic commerce, republished and amended, and Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals.
08. Working Hours, Deliveries, Deadlines
08.1. An order can be placed at any time, but the processing period is from Monday to Friday between 8:00 AM and 4:00 PM, excluding public holidays.
08.2. Products available on the website/online store can be delivered by courier within the specified area.
08.3. The estimated shipping time for each destination is shown during checkout.
08.4. Physical deliveries are made door to door by courier or post – an outsourced service independent of the seller.
08.5. There may be delays compared to the delivery time set at the time of order confirmation, and in this case, the seller assumes no responsibility on behalf of the courier companies.
08.6. The seller assumes responsibility for delivering the products ordered by the buyer. The risk of loss of the goods is transferred to the buyer at the moment of effective handover of the goods.
08.7. The delivery of digital/electronic Products or Services will be made exclusively in electronic format by providing a code, download link, or another method that we make available and that we will communicate to you by email/in your Client Account. Delivery will be made after full payment of the Products.
09. Buyer’s Obligations
The Buyer is obliged:
– To provide real, correct, and up-to-date information about their entity when requested; otherwise, there is the possibility of order refusal;
– To accept the resolution of any potential issues within 30 (thirty) days from the date of their notification via an email sent to the seller;
– To accept the Seller’s Terms and Conditions when placing orders and to pay the value of the products and/or services using the methods available at the time of order submission.
10. Seller’s Obligations
The Seller is obliged:
– To provide users with free professional information about its products and services.
– The content published in the virtual store is for guidance purposes. The characteristics of the products and their technical documentation displayed on the site are provided by manufacturers and suppliers.
– Product images are displayed for presentation purposes, but depending on the batch in which they were manufactured, the actual appearance of the product may differ.
– To contact customers to confirm orders by email or phone;
– To deliver the products within a maximum of 30 (thirty) days from delivery confirmation if they are in stock;
– To use the personal data collected from customers/users in accordance with the “Privacy Policy” and “Cookie Policy” sections, which are also available on the seller’s website.
11. Warranties
11.1. In accordance with the legal provisions in force, the Client declares that they understand and agree that in the case of electronic/digital products that involve immediate access, they will not benefit from a legal warranty.
11.2. The Seller guarantees that the delivered products are original, sealed (in the form in which they come from partners), and accompanied by a fiscal invoice, receipt (issued by the administrator/seller or courier company), and, where applicable, a warranty certificate (for products that require a warranty).
11.3. The Seller declares on their own responsibility, in accordance with the provisions of art. 5 of Government Decision no. 1022/2002 on the regime of products that may endanger life and health, work safety, and environmental protection, that the delivered products do not endanger life, health, work safety, do not have a negative impact on the environment, and comply with: EC Directives 67/549/EEC and 1999/45/EC (under the conditions of compliance with handling, transport, and storage according to the Technical Data Sheets and Safety Data Sheets issued by the supplier and found in the original at the company’s headquarters and on the mood-eq.eu website in the section specific to the products in question.
11.4. The quality of the marketed products is guaranteed for the period inscribed on the packaging, under the conditions of complying with storage and transport prescriptions.
11.5. For any complaint or notification, please contact us at the email address: contact@moodeq.eu.
12. Intellectual Property Rights
12.1. All copyright rights over the products on the site belong to SC Contemporan Affairs SRL, known under the commercial name Mood-EQ.
12.2. The Client is not allowed 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 one intended by SC Contemporan Affairs SRL, include any content outside the package, remove the signs indicating the copyright of SC Contemporan Affairs SRL over the package, as well as participate in the transfer, sale, distribution of materials created by reproducing, modifying, or displaying the package without the express written consent of SC Contemporan Affairs SRL, which reserves the right to recover any damage caused (direct, indirect, present, and future) by any means provided by legal provisions.
12.3. The Client understands that there may be situations where SC Contemporan Affairs SRL does not hold ownership rights or some intellectual, industrial, or commercial property rights over certain files, photos, materials, etc. published on the site, benefiting only from a right of use, and in any case, the Client is not allowed to market, redistribute, or reproduce these materials, nor to decompile or modify the structure without the prior consent of SC Contemporan Affairs SRL.
13. Seller’s Liability, Limitations, and Exclusions
13.1. The Seller is not responsible if the Client provides incorrect or incomplete information or data; the Client is solely responsible for the accuracy of this information, and in this regard, the Client declares that they agree and understand that many of the functions of our website are automated, and the final result depends exclusively on the information provided by the Client to the Seller or entered into the system.
13.2. The maximum liability limit of SC Contemporan Affairs SRL and its directors, administrators, employees, subcontractors, and affiliates to Clients for any type of damages will be the maximum amount actually paid by the Client to SC Contemporan Affairs SRL.
13.3. The Seller does not assume responsibility for:
a) Data or content losses, lost profits, business interruption, or for any indirect, incidental, special, consequential, exceptional, or punitive damages resulting from or related to the materials or services provided by SC Contemporan Affairs SRL, even if the Client has been informed of the possibility of such damages and without prejudice to the essential purpose of any limited remedy;
b) The Client’s decisions as a result of messages promoted by a partner or affiliate or decisions made by the Client as a result of information found on the site, whether written by experts recognized in their field or not;
c) Any changes the Seller may make regarding service provision, including a total or partial interruption of service provision (or certain service functions);
d) The inexistence or incomplete provision by the Client of verifiable information;
e) The Client’s inability to keep their login data (username, password, or other credentials) secure and confidential;
f) The impact on any device or digital content owned by the Client caused by the lack of proper implementation of necessary security measures through accessing the materials and information provided by the Seller in the form of digital content or any other type;
g) Any additional costs incurred by the Client, including mobile phone costs (such as mobile internet costs) or internet costs from the location where the site is accessed or other related costs.
14. Acceptance of Conditions and User or Client Responsibility
The User or Client declares that they understand and agree that it is prohibited to use the mood-eq.eu website in the following ways or for the following purposes:
a) In violation of the Terms and Conditions of this document;
b) In any way that violates applicable legal provisions or in ways that may lead to the violation of applicable legal provisions in any way;
c) To disseminate false or incorrect information or to propagate misinformation, incitement to hatred, or other similar acts;
d) In any way that acts on behalf of another person, especially by using false names, email addresses, phone numbers, etc.;
e) To defame others, to insult, accuse, or make offensive statements about any other person;
f) To promote or hide activities with illegal or immoral character;
g) To reproduce in any way the site’s interface with the aim of misleading users, clients, or potential clients we have;
h) To obtain unauthorized access to the data provided voluntarily by our visitors or clients;
i) To introduce malicious programs or code lines into the system;
j) To request illegal products or services or to request information covering illegal activities;
l) To obtain access to various sections or subsections of the site or to the products or services offered by us using illegal procedures;
m) To obtain products or services for resale purposes (except for the Policies regarding the processing of personal data generated through the TOOL).
15. Complaints and Claims
15.1. Users and/or Clients of the mood-eq.eu site can generally contact us at the email address or through the form in the “Contact” section for any uncertainties, problems, complaints, or claims regarding the Products or Services, including to identify and correct any errors that occur when entering data.
15.2. Complaints thus received will be resolved by us within a maximum of 30 (thirty) calendar days from their receipt.
16. Personal Data/Privacy Policy
By using the Platform, the Client understands and accepts to transmit personal data to the Seller, which data will be subject to processing in accordance with and for the purposes provided in the Privacy Policy, which complements these Terms and Conditions.
17. Force Majeure
17.1. Neither the Seller nor the Client shall be liable for the non-performance on time or/and improper performance, in whole or in part, of any obligation incumbent upon them under this contract if the non-performance or improper performance of that obligation was caused by force majeure as defined by law.
17.2. The party invoking force majeure is obliged to notify the other party within 15 (fifteen) calendar days of the occurrence of the event and to take all possible measures to limit its consequences.
17.3. If within 15 (fifteen) calendar days from the occurrence, the event does not cease, the parties have the right to notify the termination of this contract without either of them claiming damages.
18. Notifications
18.1. The User agrees that all communications carried out under this document will take place via email to the address communicated by them on the site, agreeing that such communication is valid by the mere proof of the Seller/Provider of sending the communication. The Provider has the right to use other transmission methods (by mail, courier, or through judicial officers) for its communications to the User.
18.2. The parties agree that all communications related to this Contract will take place at the following addresses:
– For the User – at the email address mentioned through the Platform;
– For the Seller – at the following electronic address: contact@moodeq.eu.
19. Applicable Law and Dispute Resolution
19.1. This document represents a legally binding contract accepted at a distance by its mere ticking and is subject to Romanian law.
19.2. If it is not possible to resolve disputes amicably, the parties will address the competent courts according to the law.
20. Specific Clauses
20.1. Our obligation is not an obligation of result but one of diligence, which means we will do our best to deliver the Products or Services, but we cannot guarantee their execution, and the Client expressly agrees to this.
20.2. The Seller/Provider does not assume responsibility for accessing the links found on the site and does not guarantee that the platform is free of bugs or viruses and is not responsible for any temporary, partial, or total interruptions of the platform, and this does not give the Client/Consumer the right to compensation.
20.3. The contract is concluded in the Romanian language.
21. Changes/Additions/Updates to the Document
The Seller reserves the right to modify the Terms and Conditions of the site at any time without prior notice. By accessing the seller’s (company’s) site, users/clients will find the most recent version of the Terms and Conditions.
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ANNEX NO. 1
WITHDRAWAL FORM
To:
Contemporan Affairs SRL / Mood EQ
E-mail: contact@mood-eq.eu
I, the undersigned __________________, residing at _____________, identified by CI series ____ no. ____ issued on ______ by _______ and CNP ____________, hereby notify you of my/our intention to withdraw from the contract regarding the online sale of the following products: _____________(the products/services will be described)_________________________.
The products/services were ordered on __________ and received on __________.
Invoice No.: ________________________________
_______(the name(s) of the consumer(s) will be mentioned)_______
_______(the address(es) of the consumer(s) will be mentioned)_______
Date __________________
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