The established regulation includes: basic rules, general conditions and the sales process that the company CO & FAMILY S.R.L.. based in the Republic of Moldova, Cliumautii de Jos, Soldanesti, 7213, through the online store www.nuco.md specifying the terms and conditions of delivery CO & FAMILY S.R.L. with free electronic services.
Definitions
1. Working days – are the days of the week from Monday to Friday, except public holidays.
2. Delivery – is an act of delivering the products, specified in the order, to the customer through the distributor.
3. Distributor – is an entity through which the seller cooperates in the delivery of products:
a) courier company;
b) pick-up points for parcels at the head office;
4. Password – denotes a string of letters, numbers or other characters selected by the customer when registering in the online shop by creating an individual account.
5. Customer – means an entity to whom electronic services are provided or with whom a Sales Contract may be concluded, in accordance with the regulation and legal regulations.
6. Consumer – means a natural person who enters into a legal transaction with an entrepreneur, which is not directly related to his commercial or professional activity.
7. Client Account – The set of an e-mail address and a password that allows a single user access to restricted areas of a website, enabling access to the services provided.
8. Entrepreneur – is an authorized natural person or a legal person who, individually or in association with other authorized natural or legal persons, organizes a commercial company in order to carry out commercial acts and deeds with the purpose of obtaining profit, by producing material goods, respectively rendering services, from their sale on the market, under competitive conditions.
9. Regulations – includes all rules.
10. Registration – is an actual action, carried out according to the instructions specified in the Rules, intended for customers to use all the features of the Online Store. It is an electronic form made available by the Seller in the Store, which defines the data necessary for the identification and registration of a person interested in becoming a customer of the Store and the Program, as well as the means of direct contact.
11. Vendor – means any natural or legal person, acting in the course of his commercial, industrial or manufacturing, private or self-employed activity, who, in accordance with the contractual conditions, offers a wide range of products to the consumer. It is also the owner of the online shop.
12. Store website – is an online platform designed for the rendering and display of products through the website www.nuco.md.
13. Goods – means all products presented by the Seller through the Web Store website, with the purpose of being purchased by consumers.
14. Sales contract – is an agreement concluded at a distance, based on the conditions specified in the Regulation, between the Customer and the Seller.
2 General provisions and use of the Online Shop
1. All rights to the Online Shop, including copyrights, ownership, possession of the site, as well as the forms, logos displayed (except for logos and photos shown) belong to the seller, and their use may only take place in accordance with the regulations and the consent of the seller expressed in writing.
2. The Seller ensures the functionality of the Online Shop in accordance with the customer’s requirements, utilizing all popular web browsers, operating systems, device types and high quality internet connections.
3. The data stored by the cookie files used by the seller on the Shop Website never reveal personal details on the basis of which an individual customer identity can be established. Cookies are used by websites or web applications to fine-tune the online experience. Each customer can disable the “cookie” mechanism, but please be advised that disabling cookies may cause difficulties or prevent you from using the Web Store Website.
4. In order to place an order in the Online Store, through the Website or by e-mail and to benefit from the services available on the Store website, it is necessary for the Customer to have an active e-mail account.
In the case of delivery by courier service or personal collection of the parcel at the Customer’s premises, the Customer must also have an active telephone number, which is necessary for the purpose of delivery.
5. In order to place an order via telephone in the Online Shop, the Customer must have a telephone number and an active e-mail account.
6. It is forbidden for the Customer to place inappropriate content and use the Online Shop, the Website or free services in a manner contrary to the law.
7. The seller warns that the public nature of the Internet and the use of services offered electronically may involve the risk of obtaining and altering confidential data by unauthorized persons, therefore, customers must use appropriate technical measures that minimize these risks.
The seller never asks the customer to reveal any form of password.
8. It is not allowed to use the resources and functions of the Online Store by the Customer to carry out activities contrary to the interests of the Seller.
3 Registration
1. Creating a Customer Account is done through a free registration.
2. Registration is not required to place an order in the Online Shop.
The registration form is an electronic form provided by the Seller in the online store, which defines the data necessary to identify and register a person interested in becoming a customer in the Store and in the Program, as well as the means of direct contact.
3. To register, the Customer must fill in the Registration Form and send it electronically to the Seller by selecting an appropriate function. During registration the Customer sets an individual password.
4. When filling in the registration form, the Client has the possibility to read the Rules again, accepting its conditions.
5. The Customer may consent to the processing of his/her personal data for the purpose of marketing the Seller’s products and services. He may grant and withdraw consent using the tools provided in the account at any time.
6. In case of refusal to consent to the processing of personal data for marketing purposes, the Customer may withdraw his consent at any time by sending an appropriate declaration to the Seller. The statement can be sent, for example, to the seller’s address by e-mail.
7. After sending the completed registration form, the Customer will receive the registration confirmation from the Seller by e-mail without delay. At this point, an agreement on the provision of the account service by electronic means is concluded, and the Customer obtains access to the account free of charge, receiving the changes made during the data registration.
4 Commands
1. The information placed on the shop’s website does not constitute an offer by the seller within the meaning of the Civil Code, but only an invitation to customers to take advantage of certain services and to conclude a sales contract.
2. The customer can place orders in the Online Shop via the Online Shop Website or by e-mail – 7 days a week, 24 hours a day.
3. The customer can place orders in the Online Shop by phone during the hours and days indicated on the shop website.
4. In order to place an order through the Online Store website, the customer is required to make a request indicating the products he/she is interested in. Adding the product is done by selecting the BUY option under the relevant product presented on the store website. After finalizing the entire order by indicating the delivery method and payment method, the Customer places the order by sending a form to the Seller by selecting the “Order and Payment” option on the Store’s website. Prior to submitting the order, the Customer is informed of the total price of the Product and delivery, as well as of any additional costs that the Customer is obliged to bear under the Sales Contract.
5. In order to place a telephone order, the customer must call the telephone number of the Online Shop, entered on the website. During the telephone call, the Customer shall indicate the name of the products selected from the Shop’s website and their quantity, specifying the method of payment and delivery address. The Customer provides, at his choice, the e-mail address or correspondence address regarding the content of the proposed contract and order confirmation. During the phone call, the Seller is obliged to inform the Customer about the total value of the selected Goods and the delivery cost, as well as any other costs that the Customer will have to pay in case of concluding the Sales Contract.
6. After registering the telephone order, the customer receives an automatic confirmation by e-mail.
The confirmation includes: the specification of the products, their price, the cost of delivery and other information about the costs that the Customer is obliged to pay in connection with the Sales Contract.
7. To place an order by electronic mail, the Customer must specify: his contact details, indicating the name, color and quantity of the product he intends to purchase, sending this information to the e-mail address of the online store.
8. After receiving the e-mail message, the Seller shall send the Customer an acknowledgment message, indicating the registration data, the price of the selected products and the possible payment methods, as well as the delivery method together with its cost and information about any additional payments the Customer will incur under the Sales Contract. The message also specifies that the Consumer is obliged to pay for the ordered goods within the time available. On the basis of the information sent by the Seller, the Customer finalizes the exchange process by placing the order, sending an e-mail to the address of the website, indicating the method of payment and delivery.
9. The placing of an order consists of the presentation of an offer by the Seller to the Customer for the purpose of concluding an agreement for the sale of the Goods which are the subject of the order.
10. After placing the order, the Seller sends a confirmation of receipt to the customer by e-mail.
11 Next, after confirmation of the order, the Seller shall send details of the acceptance of the order to the Customer via his e-mail address. The information on the acceptance of the execution order is a declaration by the Seller of acceptance of the offer.
12. At the conclusion of the sales contract, the Seller shall confirm the terms of the sales contract to the Customer via the specified e-mail address.
5 Payments
1. The prices of the products on the Shop Website are given in gross form and do not contain information about Delivery and any other costs that the Customer will be obliged to bear under the Sales Contract. The Buyer is informed about the methods of Delivery and order placement.
2. The Customer has the availability to pay on delivery when he receives the order, which provides the Customer with security. Distributor’s payment on Delivery (in this case, the order implementation will be started after the Seller sends the Customer the order acceptance confirmation).
3. The customer must confirm the order, otherwise the order will not be picked up and sent.
4. If the Customer fails to pay for the order within the aforementioned period, the Seller shall set an additional period for the Customer to make the payment. In the information medium about the additional payment period it is specified that after the expiry of the deadline, the Seller shall terminate the Contract. In case of unlawful expiration of the second deadline for making the payment, the Seller shall send the Customer a declaration of withdrawal from the Contract in accordance with Article 491 of the Civil Code.
6 Delivery
1. The seller delivers the goods on the territory of the Republic of Moldova.
2. The seller is obliged to deliver defect-free products.
3. The seller indicates on the shop’s website the number of working days required for delivery and order fulfillment.
4. Delivery is on weekdays and Sundays.
5. The ordered goods are delivered to the Customer through the Distributor at the address indicated in the order form.
6. On the day of shipment, the information confirming the delivery of the parcel is sent by the Seller to the Customer’s e-mail address.
7. Based on the contract, the Seller may send a survey to the Customer’s e-mail address in order to conduct the post-sale survey. The survey is used to examine the Customer’s opinion of the transaction. The Customer may complete the survey voluntarily.
7 Complaints and Warranty
1. The Seller is obliged to deliver the Product to the Customer free from physical or procedural defects. In accordance with the regulations of the Civil Code on implied warranty, the Seller shall be liable to the Customer if the Product sold is physically or procedurally defective.
2. If the product is defective, the customer may:
a) to submit a declaration of price reduction, and if this defect prevents the normal use of the product, its replacement or withdrawal from the purchase.
In the event of product replacement, the Seller has the same obligations for the replaced product as for the product originally sold.
b) request replacement of the defective product with a defect-free product or opt to have the defect removed by repair. The seller is obliged to replace the defective product with a quality product or to remove the defect within a reasonable time, without inconvenience to the customer.
Repair or replacement costs shall be borne by the Seller.
3. The Customer who exercises his warranty rights is obliged to deliver the defective product to the Seller’s address, and if the Customer is a consumer, the cost of delivery is covered by the Seller.
4. The consumer is assured that during the warranty period (2 years from the date of issue) under normal conditions of use of the product, in the event of non-conformities, they will be removed first of all by repair or, where appropriate, by replacement, price reduction or refund of the countervalue, in accordance with the law.
5. Any complaint related to the Product or the implementation of the Sales Contract may be sent in writing to the Seller.
6. The repair or replacement of the products shall be made within a period of time mutually agreed in writing between the seller and the consumer, taking into account the nature of the products and the reason for the lawsuit. The agreed period of time may not exceed 14 calendar days from the date on which the buyer, as the case may be, has informed the seller of the lack of conformity of the product or has handed over the product to an authorized person on the basis of a handover document.
7. The Customer may send a complaint electronically to the Seller about the quality of products and services provided. The complaint can be sent electronically to the contact address info@irinacaracuian.md. In the content of the complaint the customer must include the causes of the problem. The seller will consider the complaints, but not later than 14 days, and will provide the customer with an immediate response.
8. The Seller together with the Contractors shall assume liability for the warranty.
8 Guarantee
1. The products sold may be covered by a manufacturer’s or supplier’s warranty.
2. Information on the existence and approach of the warranty is placed on the shop’s website.
9 Withdrawal from the contract of sale
1. The consumer has the right to withdraw from the contract without giving reasons within 14 working days.
2. The period of withdrawal from the Contract of Sale shall start from the moment the Buyer takes physical possession of the last Good or the last part – in the case of delivery of a product consisting of several lots or parts.
In order to exercise the right to withdraw from the contract, the consumer must inform us of his/her decision using an unequivocal statement, sent in writing by post or e-mail to the addresses indicated in the “Contact” section of the website, which is an integral part of these terms and conditions.
In order to meet the deadline for this process, it is sufficient for the customer to send a declaration of exercise of the right of withdrawal before the expiry of the period indicated.
3. If the consumer has submitted a declaration of withdrawal from the sales contract before the seller has accepted his offer, the offer is no longer binding.
4. The seller is obliged to refund all payments made by the consumer, including the cost of delivery of the products, no later than 14 days from the date of receipt of the declaration of withdrawal from the sales contract. The seller may refuse to reimburse payments received from the consumer until the goods have been returned or until proof that the goods have been sent back is provided, whichever is the earlier.
5. If the consumer exercising the right of withdrawal has chosen a more expensive means of delivery for the return of the products other than that offered by the Seller, the Seller shall not be obliged to reimburse the additional costs incurred as a result of this process.
6. The consumer is obliged to return the product immediately upon receipt, no later than 14 days from the date of withdrawal from the sales contract. To comply with the deadline it is sufficient to return the Goods to the Seller’s address before the expiry of the time limit.
7. In case of withdrawal, the customer will have to bear the direct cost of returning the products.
8. If the product cannot be returned due to its nature by regular mail, the Seller shall inform the consumer of the cost of returning the items on the shop’s website.
9. The Consumer shall be liable for any decrease in the value of the Product as a result of its use in a way that exceeds its natural functionality.
10. The product can be returned only if it is in perfect condition, not showing any signs of wear or consumption, unopened and sealed.
11. Withdrawal from the contract by the consumer without stating a plausible reason is not possible in a situation where the product has been partially used.
There is no recall of products with properties that exclude this for hygienic reasons.
Depending on the condition of the returned product, it will be decided whether the refund can be accepted.
10 Free services
1. The seller offers the following free electronic services to customers:
a) Contact form;
b) Newsletter;
c) Customer Account;
d) Publication of opinions.
2. The above services are offered 7 days a week, 24 hours a day.
3. The Seller reserves the right to amend the Regulation in case of changes in the provisions of the law or to improve the operation of the Store, in particular by improving the existing tools in the Store or by adding new tools and also for the protection of the Customer’s rights and the prevention of abuse.
4. The Contact Form service consists in sending a message to the Seller, using the form placed on the store’s website.
5.Discontinuation of the free Contact Form service is possible at any time and consists in ceasing to send requests to the Seller.
6. The Newsletter Service can be used by any customer who enters his e-mail address, using a registration form provided by the Seller on the shop website. After submitting the completed registration form, the Customer will receive an e-mail address entered immediately in the registration form with an activation link to confirm subscription to the Newsletter. When the link is activated by the Customer, an agreement for the provision of the electronic Newsletter service is concluded.
7. Newsletter is an electronic e-mail distribution service provided by the Seller in the Store, which allows all its users to automatically receive from the Seller the following editions of the Newsletter containing information about the Seller, Products, news and promotions in the Store.
8. Each Newsletter addressed to the Customers contains: information about the sender, a completed “subject” field, specifying the content of the mailing and information about the possibility and manner of withdrawal from the newsletter service.
9. The customer can unsubscribe from receiving the Newsletter at any time by unsubscribing via the unsubscribe link sent in each e-mail as part of the Newsletter service or by activating the relevant field in the customer account.
10. The Customer Account Service is available after registration and consists in sending a panel from the Online Shop Website, giving the Customer the possibility to modify the data he provided during registration, as well as to track the order status and the history of orders already completed.
11. The Customer who has registered can request the Seller to delete the Customer Account, and the Customer Account can be deleted within 14 days after the request has been submitted.
12. The Opinion Publishing option consists in the possibility for Customers who have a Customer Account, to publish on the shop’s website individual and objective opinions on the quality of products.
13. Cancellation of the Opinion service is possible at any time and consists of the customer ceasing to publish the individual content on the shop’s website.
14. The Vendor has the right to block access to the Customer Account and free services for security reasons in case of: breach of site security by the Customer or other hacker activity. The Seller will notify the Customer about the blocking of access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
11 Client’s responsibility for placing individual content on the website
1. By posting reviews on the online store website, the Customer voluntarily distributes content. The seller does not provide a response to the publications posted by customers, because this function is not included in its business.
2. The seller is responsible for the content placed by customers, reporting their violations.
3. It is forbidden for the Customer to post content on the online shop website that could:
a) be placed with the purpose of infringing the personal rights of other consumers;
(b) infringe protection rights, industrial property, commercial secrecy or confidentiality obligations;
c) use uncensored and offensive language towards other consumers;
d) oppose the interests of the Seller.
The Customer is obliged to use the Store in compliance with the applicable law, the provisions of these Regulations, in particular not to provide illegal content, violate generally accepted social norms or cause disruption or overloading of ICT systems on the Store’s website.
4.The Seller reserves the right to modify or remove content posted by customers, in case it may constitute a violation of the regulation or applicable law.
12 Reporting infringements
1. If the Customer or another entity finds that the content published on the shop’s website does not respect his personal, moral rights, being in opposition to the regulation, may report to the seller a possible violation.
2. The seller resolves any violations by taking immediate action to remove the offending or inappropriate content.
13 Protection of personal data
1. Personal data protection rules are set out in the Privacy Policy.
The Vendor will use its best endeavors to provide its services to the highest standard and undertakes to maintain the confidentiality of correspondence with the Customer. To take measures to prevent access to the server by unauthorized persons.
14 Termination of contract
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving any reason, subject to the preservation of the rights acquired by the other party prior to the termination of the aforementioned contract.
2. The customer who has registered concludes the contract for the provision of electronic services by sending to the Seller an appropriate declaration of intent, using any means of distance communication.
3. The Seller terminates the contract for the provision of electronic services by sending a declaration of intent to the e-mail address entered by the Customer during registration.
15 Final provisions
1. The Seller is liable for non-performance or improper performance of the agreement, only in the case of contracts concluded with Customers who are Contractors, and is liable only for willful damages and to the extent of the actual losses of the Customer who is a Contractor.
2. The content of these regulations can be printed, saved or downloaded at any time from the shop website.
