Terms and conditions

Company identification data

EL-CAR.ro is the trade name of EL-CAR SRL, a legal entity, with registered office in Bistrita, DN17 no. 256, with number J06/731/1991 in the Trade Register and unique tax registration code RO564549.
The general terms and conditions set forth below shall apply to all Products sold by EL-CAR SRL through the online store el-car.ro to the Buyer and may be modified at any time without prior notice from the Seller. By ordering from el-car.ro, you accept the terms and conditions detailed here and the additional terms and conditions in force at the time of sale. You should read carefully and make sure you understand all the terms. The terms and conditions are part of the contract and additional terms and conditions will take precedence in the event of a dispute.
In order to use el-car.ro website and place orders you must be at least 18 (eighteen) years old.

Company contact details

Before placing an order, if you have any questions, please contact us at Customer Service at +40-263-239-004 or office@elcar.ro.

Definition of terms

Buyer – natural or legal person who makes an Account on the website and places an Order.
Seller – el-car.ro or any partner from el-car.ro or Marketplace.
User – any natural person, at least 18 (eighteen) years of age with full legal capacity or legal entity, including authorized natural person registered on the Site, who, by completing the Account creation process, has agreed to the site-specific terms in the General Terms and Conditions section.
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit Orders and that contains information about the Customer/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Product warranties, etc.).
Favourites – section of the Account that allows the Buyer/User to select certain products as favourites.
List – the web page in Favorites where the Buyer/User can add Products that he/she considers to be favorites and which he/she can later add to the shopping cart (“my cart”).
The lists can be:

Public: any Customer/Buyer/User can view the Buyer’s/User’s List if they have shared it on social networks (Facebook, Twitter and Google+) or if they access the Buyer’s/User’s public profile on the Site. The lists are public and the Buyer/User has the possibility to set them as private at any time, directly from his/her Account, Favorites section.
Private: these can only be viewed by the Account holder. The Buyer/User has the possibility to set them as public at any time, directly from his/her Account, Favorites section.

Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer by which the Buyer transmits to the Seller, through the Site, his intention to purchase Products and Services on the Site.
Products and Services – any product or service, including the documents and services mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the Contract.
Website – el-car.ro and its subdomains.
Campaign – the exposure for commercial purposes of a finite number of Products and/or Services with a limited and predefined stock, for a limited period of time set by the Seller.
Contract – is an order confirmed by the Buyer, at a distance, without the simultaneous physical presence of the Seller and the Buyer.
Content – all information on the website that can be visited, viewed and accessed by using electronic equipment or communicated by an employee/collaborator of the Seller – chat, phone, email, sms.
Review – way of evaluating a product, good, service by the Buyer/User/Beneficiary.
Rating – way of expressing the degree of satisfaction by the Buyer/User/Beneficiary. The rating is given in the form of stars, each product can get between 1-5 stars.
Ranking – a system of ordering reviews from most popular to least popular. Ranking is done by the user clicking one of the two buttons “Like” or “Dislike” available on the Review page.
Newsletter – means of periodic information, exclusively electronic, i.e. electronic mail (e-mail, SMS) on Products and Services and/or promotions carried out by the Seller in a given period, without any commitment on the part of the Seller with reference to the information contained therein.

Contract Documents

By placing an electronic or telephone order on the AgroDenmar.ro website, the Buyer agrees to the form of communication (telephone, e-mail, chat, sms) by which the Seller carries out its operations.
After placing the order, the Buyer is notified by the Seller. An order is considered confirmed when the Buyer expresses his/her agreement by phone, e-mail, chat or sms. Orders placed electronically will be confirmed within 1-2 working days, after stock check.
EL-CAR SRL reserves the right to refuse any order, at its discretion, if it deems necessary.
EL-CAR SRL reserves the right to change the number of products in the order. The Buyer will be notified at the e-mail address or telephone number provided in the Order and the amount paid will be refunded, if paid in advance.
The contract is considered concluded between the Seller and the Buyer when the Buyer is notified of the dispatch of the Order by e-mail/telephone/chat/sms.
The General Terms and Conditions of Sale shall form the basis of the Contract so concluded.

Online sales policy

EL-CAR.ro reserves the right to suspend, modify, add or remove portions of its content at any time.
EL-CAR.ro guarantees access to the site in order to place an Order to any Customer / Buyer. For justified reasons EL-CAR.ro reserves the right to restrict the access of the Client/Shopper to place an Order and/or to some of the accepted methods of payment, if it considers that based on the conduct or activity of the Client/Shopper on the Site, his/her actions could harm EL-CAR.ro in any way. In any of these cases, the Customer/Customer may contact the Customer Relations Department of the online store EL-CAR.ro, to be informed about the reasons that led to the application of the measures mentioned.
Communication with the Seller can be made through direct interaction with the Seller or through the addresses mentioned in the “Contact” section of the Site. The seller is free to manage the information received without having to justify it.
In case of an unusually high volume of traffic from an Internet network, EL-CAR.ro reserves the right to ask Customers / Buyers to manually enter captcha validation codes in order to protect the information on the Site.
EL-CAR.ro may publish on the Site information about Goods and/or Services and/or promotions offered by EL-CAR.ro or by any other third party with which EL-CAR.ro has entered into partnership agreements, in a certain period of time and within the limit of available stock.
Unless otherwise stated, the prices of the products displayed on the EL-CAR.ro website represent the final purchase prices and include VAT (19% valid in Romania). Final purchase prices may not represent the most competitive prices in a particular product segment or for a particular period.
Prices in catalogues, special offers or online shop may vary. Prices of some products can be negotiated, under certain circumstances/volume.
All the information used for the description of the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, as they are used exclusively for presentation purposes.
Within 5-14 (five to ten) after the purchase of a Good or Service, the Buyer will be required to enter a Review related to the purchased Good or Service. The request will be sent to the email address registered by the Buyer in the Account or by SMS. In this way, the Buyer contributes to informing other potential Users/Customers/Buyers on the Site and is actively involved in the development of new Services and in detailing as fully as possible the characteristics of the Goods.

Assignment and subcontracting

The Seller may assign and/or subcontract to a third party for services related to the fulfilment of the order without informing the Buyer and without the Buyer’s consent. The Seller shall always be liable to the Buyer for all contractual obligations.

Intellectual property rights

EL-CAR SRL declares on its own responsibility that all content, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of el-car.ro, which reserves all rights obtained in this regard directly or indirectly (through licenses of use and/or publication). It is forbidden to send to EL-CAR SRL or el-car.ro messages containing viruses, political or advertising campaigns, chain letters or any form of spam. The Client/Purchaser is not permitted 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 that originally intended by EL-CAR SRL, include any Content outside of the Site, remove any insignia signifying EL-CAR SRL’s copyright. on the Content as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of el-car.ro Any Content to which the Customer/Customer has and/or obtains access by any means whatsoever, is subject to the Document, if the Content is not accompanied by a specific and valid use agreement entered into between EL-CAR SRL and it, and without any implicit or express guarantee formulated by EL-CAR SRL with reference to that Content. If EL-CAR SRL grants the Customer/Customer the right to use, in the form described in a separate user agreement, a specific content, to which the Customer/Customer has or obtains access as a result of this agreement, this right extends only to the content(s) defined in the agreement, only for the period of its existence on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of EL-CAR SRL for the respective Client/Customer or any other third party who has/have access to this content transferred, by any means and who could be or is prejudiced in any way by this content, during or after the expiry of the use agreement. No Content transmitted to Customer or Buyer, by any means of communication (electronic, telephonic, etc.) or acquired by it by accessing, viewing and/or viewing does not constitute a contractual obligation on the part of EL-CAR SRL and/or the employee/employee of EL-CAR SRL who facilitated the transfer of the Content, if any, with respect to such Content. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying User Agreement, if any, is prohibited.

Order

The Customer/Shopper can place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart, and completing the Order by making payment by one of the methods indicated. Once added to your shopping cart, a Good and/or Service is available for purchase to the extent that there is stock available for purchase. The addition of a Good/Service to the shopping cart, in the absence of the completion of the Order, does not entail the registration of an order, implicitly neither the automatic reservation of the Good/Service.
Even if EL-CAR.ro has taken all measures to ensure that the information presented on this website is accurate and correct, EL-CAR.ro cannot be held responsible for any inaccuracies that may appear in the customer’s completion of the forms on the website for the completion of the Order. Users are responsible for evaluating the accuracy, completeness and usefulness of the information provided in the forms available on this site.
By completing the Order the Customer guarantees that all the data provided are true and correct, otherwise he will be liable for any consequences caused by these errors (such as, but not limited to, delayed Order, wrongly transmitted, etc.).
By completing the Order, the Buyer consents that the Seller may contact the Buyer, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
The Seller may cancel the Order placed by the Buyer, upon prior notice to the Buyer, without any further obligation of either party to the other or without either party being entitled to claim damages against the other in the following cases:

Incomplete or incorrect Customer data;
the Client’s activity may cause damage to the el-car.ro website/partners;
at least 2 (two) consecutive failed deliveries;
failure/invalidation of payment;

According to Article 4 of Law 130/2000 “The consumer has the right to notify the trader in writing that he renounces the purchase, without penalty and without giving any reason, within 14 working days of receipt of the product:
– the day on which the Buyer takes physical possession of the last Good – if the Buyer orders multiple Goods in a single order to be delivered separately;
– the day on which the Buyer takes physical possession of the last Good or part – in the case of delivery of a product consisting of several lots or parts;
Products can be returned by completing the return form, which is a template and not mandatory.
If the Customer/Customer requests withdrawal from the Contract within the legal withdrawal period, the Customer/Customer must also return any gifts that accompanied the product. If the Order is paid, the Seller shall refund the amount within 14 (fourteen) days from the date of the Buyer’s notification to the Seller of its decision to withdraw from the Contract.
The refund will be made in full by bank transfer to the account indicated by the Buyer or by Voucher for a new order. The voucher is transferable and valid for 6 months.
The seller may postpone repayment until receipt of the Goods sold or until receipt of proof that they have been dispatched, if he has not offered to recover the Goods himself.
Information on product features is available on the product pages of our Website. From a legal point of view, the content of the Site is not a proposal for a purchase contract, but a presentation of our offers. Therefore, if you place your order through our Site, your order will be placed on our website. constitutes an offer to purchase a product listed on this Site. Your order. is followed by our acceptance as described below.
The order can only be placed through our Website. To do this, you will go through a simple process, at the end of which you will confirm your order by pressing the “complete order” button. The button will clearly indicate that placing the order implies that you are obliged to. payment. Before confirming your order, you are always informed of the total price to be paid and you will always have the opportunity to check and possibly correct your order.
Orders for which you pay an advance cannot be cancelled If you cancel your order, the amount paid as an advance will be retained as damages.

Billing – Plata

Price, payment method and payment term are specified in the Order. The Seller shall issue an invoice to the Customer for the Products and Services delivered, it being the Customer’s obligation to provide all the necessary information to issue the invoice in accordance with the legislation in force.
The Seller shall send to the Buyer the invoice for the Order containing Goods and/or Services sold by EL-CAR SRL, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer’s Account or by e-mail, to the e-mail address mentioned by the Buyer in his Account.
For a correct communication of the invoice related to the Order, the Buyer is obliged to update whenever necessary the data in his Account and to access the information and documents related to each Order, existing in the Account.
Invoices relating to Products that have not been picked up by the Customer will be cancelled by the Seller when these Products are returned by the courier to the Seller.

EL-CAR.ro offers you the following payment methods:

Cash on delivery. The products are paid for when they are delivered by the express courier service agent.
Bank transfer payment. In this case, you will be issued a proforma for the products ordered, on the basis of which you must make payment to the company’s account, specifying the proforma number. The delivery will be made immediately after the money is in the account. After payment by bank transfer, please send us a payment confirmation to office@elcar.ro within 24 hours. If the Buyer does not make payment for the ordered products within 3 days after order confirmation, we have the right to suspend the execution of the order and cannot be obliged to keep the ordered products in stock.

For orders with payment on delivery, refused without a justified reason by the Buyer, el-car.ro, will pursue by any means to recover the damage caused – from the cost of transport to the full value of the order, when the plants arrive back damaged.

Product Delivery

The Seller undertakes to deliver the Goods door-to-door to the Buyer.
el-car.ro is not responsible for delays after delivery of the parcel to the courier due to road blockages, natural disasters or unforeseeable human causes.
Estimated delivery date may vary depending on the product, and is displayed in the Order Confirmation email or phone call.
For all categories of products, the legal maximum delivery time is 30 days from the date of confirmation of the Order by the Seller.
The Seller shall deliver the Goods and Services only on the territory of Romania.
The Seller shall ensure proper packaging of the Goods and Services and shall ensure the transmission of the accompanying documents.
Only one delivery address will be accepted for each Order.
If the Buyer is unable to receive the Order in person, the Order will be left at the specified address only to a person over 18 (eighteen) years of age and only in the case of communication to the Courier, the Order number.
The customer will be contacted by telephone by the Courier in advance to obtain confirmation of his presence at the address and time selected when validating the Order on the website.
The customer is obliged to be present at the indicated delivery address within the selected time slot, otherwise he will be charged the transport fee for a possible new delivery. The time slot can be changed after the selection only with the agreement of the Courier.
For products to be picked up personally by the Buyer from the Seller’s nursery at the Buyer’s option, the Seller shall be entitled to charge a packing fee. If the Seller opts to charge this packaging fee, the amount will be communicated to the Buyer on the website. In the case of orders with personal pick-up, paid online, it is necessary that the person who will pick up the order presents at the pick-up point an ID of the person who registered the order.

Guarantee

All goods sold by EL-CAR SRL, benefit from warranty conditions in accordance with the legislation in force and commercial policies of manufacturers, 12 months.

Any kind of complaint submitted to us cannot be taken into account after the warranty period has expired. The period for processing and resolving the complaint is 15 working days. During this time the cause of the fault and the way of using the product will be analysed. If a decision is made to replace the products mentioned, we can replace the product with a similar product or one of a similar value, if the product complained of is no longer in stock at the time.

Necessary conditions for the resolution of the complaint:

brief description of the non-conformity of the product.
photos of the product complained of
copy of invoice
copy of the original label

All requested documents should be sent to office@elcar.ro.

The warranty does not apply under the following conditions:

damage due to failure to follow instructions for use
damage resulting from intentional or negligent mishandling
mechanical damage caused by external factors.

Transfer of ownership of goods

Title to the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the invoice in the case of deliveries made by the Seller’s staff). In the case of delivery by courier, the courier is not authorized by the Seller to allow the Buyer to open the parcels before signing for delivery, but only after signing for delivery and payment of any countervalue.

By filling in the data in the Account creation and/or Order form, the Buyer declares and unconditionally accepts that his/her personal data will be included in the EL-CAR SRL database.