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Terms and Conditions

DEFINITIONS

The general terms and conditions set forth below shall apply to all promotional activities and sales of goods and services to the User/Buyer (natural or legal person), by KITCHEN SHOP SRL (hereinafter referred to in the text as "KS") and any other partner with whom he has a contract in this regard (hereinafter referred to in the text as "Partners"), via the online shop which operates in the form of a website called 'www.kitchenshop.eu'. The general terms and conditions may be amended at any time by KS and/or Partners under the condition of compliance with the legal provisions.

Date of latest update: January 2021

Thus, the terms below will have the following meaning:

WEBSITE/SITE (hereinafter referred to in the text as "kitchenshop.eu" or "www.kitchenshop.eu"): means the website that has the internet address www.kitchenshop.eu, through which the User has access to information on the products, services offered or provided and promotions/information/promotion campaigns for them, carried out by KS through www.kitchenshop.eu.

GOODS AND SERVICES: any product or service, including the documents and services mentioned on the website and in the Order, to be provided by the Seller to the Buyer.

SPECIFICATIONS: all specifications and/or descriptions of goods and services as specified in the kitchenshop.eu as well as in their information/promotion materials, provided by the seller/manufacturer, or by users/buyers, or as they are specified in the Order.

USER: means the person who accesses the kitchenshop.eu, for private or professional purposes and who has agreed on the TERMS and CONDITIONS of this website.

SELLER: the KITCHEN SHOP SRL company, with limited liability, having its registered office in Bucharest, Sector 3, Burdujeni street, no. 3, bl A13, sc 3, ap 26, ground floor, registered with the Bucharest Trade Register under number J40/7883/2001, Unique Registration Code RO14180084.

BUYER: the natural person/legal person or other legal entity that places an Order through the kitchenshop.eu website.

CONSUMER: any natural person or group of natural persons incorporated in associations, acting for purposes that are outside its commercial, industrial or production activity, craft or liberal, as interpreted in the case-law of the Court of Justice of the European Union issued pursuant to Directive 93/13/EEC.

PROFESSIONALany natural or legal person, public or private, who acts in the course of his commercial, industrial or production activity, craft or liberal in connection with the contracts falling under the applicable legislation, as well as any person acting for the same purpose, on his behalf, as interpreted in the case-law of the Court of Justice of the European Union issued pursuant to Directive 93/13/EEC.

PRODUCT: any movable tangible asset, except for goods sold by foreclosure or capitalized as a result of the application of legal provisions; water, natural gas, electricity and thermal energy are considered to be "products" when they are put up for sale in a limited volume or in a fixed quantity.

ORDER: an electronic document that intervenes as a form of communication between the Seller and the Buyer, through which the Buyer transmits to the Seller, through the site, his intention to purchase goods and services from the Seller's website.

SALES/SUPPLY CONTRACT: - any contract under which the seller transfers or undertakes to transfer ownership of certain products to the buyer, and the buyer pays or undertakes to pay their price, including any contract having as its object both products and services.

REMOTE CONTRACT - any contract concluded between the seller and the buyer within the framework of an organized remote sales system or remote service delivery system, without the simultaneous physical presence of the seller and the buyer, with the exclusive use of one or more means of remote communication, up to and including the time the contract is concluded.

INTELLECTUAL PROPERTY RIGHTS: all intangible rights such as know-how, copyright and other associated rights, database rights, design rights, model rights, patents, trademarks and domain name registrations for any of the above.

TRADEMARKS: represents the registered trademarks of KITCHEN SHOP SRL or which are used by KITCHEN SHOP in compliance with the legislation in force.

ABUSIVE USE: represents the use of the kitchenshop.eu in a way contrary to the stated purpose and practice in the field, of the regulations and legislation in force or in any other way that may cause damage to the kitchenshop.eu, its owners/legal holders and any other partner with whom there is a contract in this regard.

The content of the kitchenshop.eu website

The information presented on kitchenshop.eu is for informational purposes and may be modified by Seller without prior notice or prior announcement of any kind. Product descriptions may be incomplete, but the Seller makes efforts to bring forward the most relevant information so that the product be used within the parameters it was purchased for.

Product images are presented on kitchenshop.eu by way of example, and the products delivered may differ from the images in any way, due to the modification of the features and design without prior notice by the manufacturers.

Any specific data regarding the stock and the status of the displayed products can be obtained by contacting the Seller by email/phone at the contact details in the Contact section of the kitchenshop.eu.

Promotions and campaigns

The promotions and campaigns presented on the kitchenshop.eu are valid during the period of time mentioned in the promotional materials and in the regulations. If the Seller does not mention a period of time, they are valid within the limit of the available stocks.

Product prices

The prices of products and services displayed on the kitchenshop.eu website include VAT according to the legislation in force.

The final price at which the Buyer can purchase products shall be deemed the price specified in the Order confirmed by Seller, except for cases of stocks running out or error with impact on prices (see Orders paragraph).

Prior to the confirmation of orders, prices can be changed without prior notice.  

Orders

By launching an electronic Order on the kitchenshop.eu website, the Buyer agrees with the form of communication (e-mail/sms) through which the Seller carries out its operations.

Personal data provided by the Buyer will be processed by the Seller complying with the legal provisions in force and in compliance with all the rights of the Buyer. By placing an order, the Buyer understands and accepts the need to provide and process his personal data by the Buyer, in order to meet the contractual obligations by the Seller.

The order will consist in the following information:

  • Order/Pre-order (along with clear mentions of billing data) and its specific conditions
  • Buyer's specifications (where applicable)

If the Seller confirms the Order, this will imply a full acceptance of the Order Terms by the Buyer. Seller's acceptance of the Order is considered completed when there is an electronic confirmation (e-mail or SMS) from the Seller to the Buyer, without requiring an acknowledgment of receipt from the latter.

The Seller does not at any time consider an unconfirmed Order as having the value of a Contract. Buyer accepts and agrees that there is no contract in the absence of order confirmation issued by the Seller. The Buyer agrees that, if the contract price is not actually collected, the Seller has the right to unilaterally terminate the contract/order confirmed, according to the rules set out below.

Order confirmation is made electronically, by e-mail or SMS.

In case of stock running out before completing the order and the lack of an alternative to the ordered product, the Order can be canceled without penalties, even if it was confirmed by the Seller, but not before the Buyer's notice about this state of affairs.

In case of possible errors in the operation of the site, kitchenshop.eu, or of the management system, including human errors (wrongly entering information in the database), as a result of which the price is modified, resulting in a derisory or lower price, not complying with the average selling price set by the Seller for that period, the Seller reserves the right to unilaterally terminate the contract, to cancel the delivery of the respective product and to notify the customer by email/SMS, as soon as possible, about the error occurred, if the product has not yet been delivered. The simple written statement of the Seller, sent on durable medium to the Buyer (e-mail / SMS), stating that the price is derisory or lower than the average one set by the Seller, makes full proof to the Buyer regarding the termination of the contract and the cancellation of product delivery. The Buyer expressly accepts and agrees that it shall not have the right of opposition or any other claims on products that have been the subject of orders that are the result of, include/contain operating errors, including human errors. Moreover, the Buyer expressly declares that it will not have any claim against the Seller as a result of the termination of the contract due to the stipulation, due to any error, of a derisory price or lower than the average price set by the Seller.

Pre-order is an Order with special status for a product which is to be launched and that can be purchased before launch/physical availability in the Seller's stock. The pre-order will include the same steps as a regular Order, the only difference being the delivery term that will be established depending on the availability of the product and will be communicated by the Seller to the Buyer at the time of registration of the pre-order as well as following any amendment thereof. The manufacturer reserves the right to amend without notice the release date and the price of the product, which entitles the Seller to modify at any time and unilaterally this information on the website. The Seller has the right to amend the initial conditions of the pre-order, but only after informing the Buyer about this aspect and has received his consent for the new applicable conditions.

The Seller is not deemed culpable and no penalties can be charged for non-compliance with the initial conditions or for amendments in the initial conditions of the pre-order, if they are imposed by the new conditions provided by the Manufacturer. In this context, the buyer has the right to waive at any time a pre-order and if it has already been paid, that amount will be returned to him in full.

Remote contract 

The Seller does not deem at any time an unconfirmed Order as having the value of a Contract, and the Buyer agrees on, by accepting these conditions, this circumstance.

The date of conclusion of the remote sales contract between the kitchenshop.eu and the customer is deemed the date of transmitting, on durable medium (e-mail or SMS), of Order confirmation by the Seller.

These general terms and conditions will be the basis of the concluded Contract, in their completion being the Warranty Certificate issued by the manufacturer, importer or distributor, as appropriate. 

The Seller may not be held liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's meeting of any of its obligations under the Order and implicitly the Contract and for damages resulting from the use of the Goods and Services after delivery, in particular for the loss of products or documents.

Invoicing 

The price, the method and term of payment, as well as the delivery time are specified in the Order.

The Seller will issue to the Buyer an invoice for the Goods and Services delivered according to the conditions stipulated in the Order, the Buyer's obligation being to provide all the information necessary for the issuance of the invoice in compliance with the legislation in force.

Payment

The payment of the ordered products can be made according to the payment methods accepted by the Seller and the conditions imposed by the financier in case of payments made by bank card or credit card.

In case of online payment, after the successful order registration, the product value will be blocked in the Buyer's account, to be collected by the Seller only after order confirmation. 

If the ordered products are not available and the payment has been completed, the amounts paid by the Buyer under the contract having as derived object the unavailable products will be returned in full to the card, without any additional commission. The steps for money reimbursement in this case fall to the Seller, who, however, is not responsible for the time period in which this reimbursement is made, this aspect being the responsibility of the Buyer's bank whose financial instrument was used.

The Seller is not responsible for the policy and commercial conditions granted by the financiers whose financial payment instruments are used to pay the orders made at kitchenshop.eu.

In case of online card payments, the Buyer's payment obligation is considered met only at the time of crediting the Seller's account. If errors occur during the online payment process by card or through a specialized website, after order confirmation by the Seller, such as to lead to not meeting the payment obligation by the Buyer, the Contract is automatically terminated, without putting the Buyer in delay. In this situation, the Seller will inform the Buyer within 3 working days that the payment process has not been completed, which led to the de jure termination of the contract and shall not have any obligation to hand over or deliver the ordered goods. The Seller shall not have the obligation to make investigation undertakings on the reason for the error occurred, but may provide the Buyer with support, within the limits of his availability, capacity and responsibility.

In case of online card payment, the data is processed exclusively by authorized payment processors.

kitchenshop.eu does NOT store information about your card.

The maximum amounts that can be collected from the Buyer (in case of the cash on delivery payment option), as well as the existence of the parcel verification service, depend on the policies of the courier companies that are KS partners and can not be influenced by KS.

Delivery

In case of online card payment of the product/products, the delivery will be made only after the Seller's account has been credited.

The Seller may assign and/or subcontract a third party for services related to order fulfillment, informing the Buyer, without the need for his consent. The Seller will ensure the proper packaging of the Goods and Services and will ensure transmitting  the accompanying documents.

Delivery times usually vary between 2 and 5 business days, depending on the location of the products and the delivery address. Exceptionally, the delivery period may exceed 5 working days up to the term of 30 calendar days, except in cases of force majeure, including special cases related to supply.

The maximum value of the Seller's obligations towards the Buyer in case of non-delivery or improper delivery, is the value of the amounts collected by the Seller from the Buyer. In this case, the Buyer waives the right to ask the Seller for any penalties or interest.

Acceptance and transfer of ownership

Acceptance will be made when the Goods and Services comply with the technical characteristics mentioned in the Order.

If the Buyer discovers that the Delivered Products or services provided do not comply with the technical specifications, he has the right to request the compliance of the Products, according to the legislation in force at the date of concluding the Contract.

The ownership of the Goods and Services will be transferred upon delivery, after the actual collection of the amount owed as a price by the Buyer, to the location mentioned in the Order (the completion of the delivery meaning the signing of the receipt of the transport document provided by the courier).

Return of products

The consumer benefits from a period of 14 calendar days to withdraw from a remote contract or an off-premises contract without having to justify the decision to withdraw.

The following shall be exempted from the right of withdrawal in respect of remote contracts and off-premises contracts, but not limited to:

  • - the supply of products which are liable to deteriorate or expire rapidly,
  • - the supply of sealed products which can not be returned for health protection or hygiene reasons and which have been unsealed by the consumer;
  • - the supply of products which are, after delivery, based on their nature, inseparably mixed with other elements;

The return period expires within 14 calendar days from:

  • (a) the date of contract conclusion, in case of provision of services contracts;
  • (b) the day on which the consumer or a third party other than the carrier and who is indicated by the consumer takes physical possession of the products, in case of sales contracts, or:
  • (i) if the consumer orders by a single order multiple products to be delivered separately, the day on which the consumer or a third party other than the carrier and who is indicated by the consumer takes physical possession of the last product;
  • (ii) in case of delivery of a product consisting of several batches or parts, the day on which the consumer or a third party other than the carrier and who is indicated by the consumer takes physical possession of the last product or part;

Unless the Seller has offered to recover the products himself, the Consumer returns the products or hands them to the Seller or to a person authorized by the Seller to receive the products, without undue delay and within a maximum of 14 calendar days from the date on which he communicated to the Seller his decision for product return. The deadline is met if the products are returned by the consumer before the expiry of the 14 calendar day period.

The Consumer only bears the direct costs related to the return of the products, unless the Seller agrees to bear those costs.

The Consumer shall be liable only for the reduction in the value of the products resulting from their handling, different from what is necessary to determine the nature, characteristics and operation of the products.

If a product that shows physical changes is returned by the consumer, that is to say, the product is hit, chipped, scratched, stained, damaged, impregnated with external substances, cracked, and this aspect is not mentioned as an aesthetic defect within the first 48 hours after receipt of the product, then the consumer is responsible for the decrease in the value of the product resulting from its handling, which exceeds the limit necessary to establish the nature, characteristics and operation of the good. The unsealing of product consumable accessories is also considered an action not accepted by the seller and which leads, as a consequence, to the decrease of the product value.

The used products, which present physical changes and not reported as aesthetic defects in the first 48 hours after receiving the product, are accepted upon return, but the seller will retain from the value of the products a compliance fee for reducing their value.

The compliance fee is represented by the costs of sanitizing, cosmetizing, repairing, replacing any damaged parts and bringing to a commercial form for sale as a RECONDITIONED product.

The final amount of the compliance fee shall be determined based on the value of the parts to be replaced and the reconditioning amount or as the difference between the initial value of the new product and the resale value of the used product. If the returned product can no longer be reconditioned due to major physical wearing/modifications, then it will be deemed that the amount of the compliance fee is equal to the value of the returned product.

The compliance fee will be communicated to the Consumer as soon as it is established by the seller.

KitchenShop shall pay back the amounts it has received as payment from the consumer within 14 calendar days from the date on which it is informed of the consumer's decision to withdraw from the contract, only if the consumer has exercised his right of withdrawal within the time limit. KitchenShop may defer the refund until the date of the receipt of products that were the subject of the sale or until the moment of receipt of a proof from the end-user that he has sent the products to the supplier, taking into account the earliest date. KitchenShop will use the same payment methods as those used by the consumer for the initial transaction, unless the consumer has agreed to another payment method and to the condition that the consumer is not responsible for the payment of commissions following reimbursement.

If the return of products or a product, in case of orders with multiple products, from an Order that has benefited from free shipping causes the total value of the original order to be subtracted below the eligible value for free shipping from the total amount to be paid back, the value of the transport initially offered will be withheld. KitchenShop shall not have the obligation to pay back the additional costs if the consumer has explicitly chosen a different type of delivery than the standard delivery provided by the professional.

In order to exercise your right of withdrawal, you have to inform us of your decision to withdraw from this contract using the e-mail address office@kitchenshop.eu. If the return is generated by aesthetic problems of the product or visible defects, you have to send us legible photos (on all sides/angles, including on the top and bottom of the product) of the entire product that you want to return. Legible photographs mean clear images of the object, capable of rendering in full the object to be returned.

Your decision to withdraw from this contract may be made using the following methods: 

  1. An unequivocal statement sent by e-mail/post.
    • Email address for notifications: office@kitchenshop.eu
    • Postal address for return of products: Central warehouse of Kitchen Shop - Șoseaua Ștefănești No. 8-8a, postal code 077175, Stefanestii de Jos commune, Stefanestii de Jos village, Ilfov, Romania
  2. Template of withdrawal form provided on the kitchenshop.eu website

The Consumer's obligation to send the legible photographs of the product he wishes to return will be considered met, if the e-mail containing the legible photos of the product is received at the e-mail address indicated above, on the day of submitting to the postal services/by e-mail of the withdrawal decision/form.

If the Consumer does not send to the e-mail address indicated on the day of the decision of withdrawal (regardless of the method of communication chosen) the requested legible photographs or submits illegible or incomplete photographs (for example, a single photograph will be taken, which will not be able to include the image of the entire product), it will be relatively presumed that the returned product has physical changes caused by the Consumer, which is why the compliance fee clauses become fully applicable.

The consumer expressly understands and undertakes his obligation incumbent on him to send legible photographs of the entire product to the e-mail address indicated above, on the day of exercise of the withdrawal right, as well as the consequences of non-compliance with it.

The waiver of purchase within 14 calendar days from the receipt of the product is applicable only to consumers who are natural persons who have purchased the product in a remote manner. The deadline is met if the products are sent back before the expiry of the 14 calendar day period.

The legal person, as a Buyer, does not have the possibility to withdraw from a contract concluded in a remote manner or from a contract concluded outside the commercial premises. However, the products purchased by a legal person can be returned within 48 hours of their receipt, only if they have manufacturing defects or if they are not running. The Seller does not take any responsibility for the handling, transport, assembling performed by the Customer and does not accept the return of the products that have defects resulting from these.

The delivery of other products than those requested (products that were wrongly delivered, which do not have the specifications on the site or the products lacking all the related components/accessories) has to be reported to the representatives of the kitchenshop.eu, by a written notice to the e-mail address office@kitchenshop.eu, within 48 hours of receiving the products. The consumer may request the return of the product for replacement, and if the product is no longer in stock, he may opt for replacement with a similar product or may request the dissolution/termination of the contract. If it is agreed to replace the product by a product of a higher value, the consumer will pay the difference, i.e. if the value is lower, the consumer will receive a partial refund up to the value of the substitute product. In these situations KitchenShop reimburses without undue delay all the amounts paid under the contract by the consumer and within 7 days from the date on which the consumer communicated to the professional his decision to terminate the contract. The return and transport costs for the replacement product, if any, shall be borne by the kitchenshop.eu.

Product warranty

All products sold by kitchenshop.eu, benefit from warranty conditions complying with the legislation in force and the commercial policies of the manufacturers. The products are new (except for the products in the category resealed/recovered, if applicable), in the original packaging, as appropriate and come from sources authorized by each manufacturer.

In case of products sold and delivered by kitchenshop.eu, the warranty certificates are issued by the kitchenshop.eu for all categories of products. The lack of warranty certificate of the product shall be reported within maximum 48 hours from the reception of the goods at the address: office@kitchenshop. Any subsequent referral will not be considered.

Communication with the Use/Buyer

The official assumed communication of the User/Buyer with the kitchenshop.eu can be performed by means of the contact details in the Contact section depending on the specifics of the communication and by posting the opinions regarding the products in the comments areas for products. 

kitchenshop.eu reserves the not opposable right to remove or ignore from the official channels of communication, opinions or addresses containing insults or inappropriate language.

The Seller has full freedom to manage the information received without having to justify this action. 

The official assumed communication of the Seller with the User/Buyer will be performed by means of the contact details made available by him. If the User/Buyer does not provide a minimum of information (at least valid phone number) in order to be contacted, the Seller shall not have the obligation to take additional steps to identify him and entitles the latter not to respond to the respective requests or not to fulfil the registered orders with incomplete data.

The Seller is not liable for the damages caused by the failure in operation of kitchenshop.eu for any reason, as well as for those resulting from the inability to access certain links published on the site.

Fraud

The user undertakes to access and use the kitchenshop.eu for purposes and by means that do not represent an abusive use.

Any attempt to access the personal data of another user, to modify the content of the site or to affect the performance of the server on which the site runs, will be considered an attempt to defraud the site and will entitle kitchenshop.eu to request the competent authorities to initiate criminal investigations against the person or persons who have made these attempts. 

Force majeure

Neither party shall be liable for not meeting its contractual obligations, if such non-performance is due to a force majeure event. Force majeure is the unpredictable event that is not under the control of the parties and which can not be avoided as defined by the European legislation in force at the time of the force majeure event occurrence.

Governing Law and Jurisdiction

This document is subject to the European law. 

Any disputes arising between kitchenshop.eu and Users/Customers/Buyers shall be settled amicably or, if this is not possible, shall be settled by the competent courts of law.

KITCHEN SHOP SRL