1. Definitions

DirectInMall - trade name of LDS Europe SRL

The site - domain www.directinmall.com and its subdomains are the property of LDS Europe SRL, based in Șag, str. a III-a, nr.22a, Timiș, registered at the National Office of the Trade Register under number J35 / 1546/2004, unique registration code RO 16444590

Seller - DirectInMall or any DirectInMall Marketplace partner

Buyer - an individual over 18 years of age / legal entity or any legal entity that creates an Account on the Site and places an order

Client - an individual / legal entity that has or has access to www.directinmall.com from any communication device (electronic, telephone, etc.)

User - any natural / legal person who visits and / or interacts with the DirectInMall site.

Registered user - any User who has chosen to register on the site.

Account - A section of the Site consisting of an email address and password that allows the Buyer to submit the Order and that contains information about the Customer / Buyer and the Buyer's history on the Site (these may be, but are not expressly limited to Orders, tax invoices, goods guarantees, shopping lists, etc.)
Favorites - A section of the Account that allows the Buyer / User to save their desired product.

Order - An electronic document by which the Buyer transmits to the Seller, through the Site, the intention to purchase products and services from the site and by which a form of communication between the Seller and the Buyer is allowed.

Products and Services - Any goods or services, including the documents and services mentioned in the Order, which are listed on the Site and are to be provided by the Seller to the Buyer as a result of the Agreement.

Campaign - The act of displaying for commercial purposes a finite number of products with limited stock for a period set by the Seller.

Contract - A contract concluded at a distance between the Seller and the Buyer.

Content - all information on the site that can be viewed or accessed using electronic equipment.

Vendor - DirectInMall Marketplace partner listing products on the DirectInMall Marketplace platform.

Review   - An evaluation written by the recipient of a product or service, based on personal experience, about a particular product.

Comment - A critical appraisal or comment on a product or other comment.

Rating - Expressing a User / Customer / Buyer's Satisfaction with a Product / Seller

Newsletter - A form of content with an electronic information character, sent by e-mail or SMS. Following the subscription, the customer receives information about the Goods and Services and / or promotions carried out by the Seller during a certain period of time. regardless of the delivery method.

  1. Intellectual property rights and content

The contents of the DirectInMall site including, but not limited to, graphics, names, trademarks (such as DirectInMall site and company name, symbols, images, text, multimedia files) are the property of LDS Europe SRL and may not be taken over and / or used without the prior written consent of the owner.

Visitors to this site are able to copy information from this site for personal, non-commercial use only and without deleting or modifying it. Modification or use of the materials on this site for purposes other than information or use as a customer is strictly prohibited.

By accessing this site, visitors agree that any name, logo, trademark or service mark, text, documents and media files presented on this site are owned by DirectInMall and may not be used by the user except for information purposes. DirectInMall will take legal action if intellectual property rights and copyrights are infringed.

If DirectInMall grants the Customer / Buyer / User the right to use the content of the site in a certain way, it will only use it for the purpose for which it was defined and for a period defined in the agreement. / p>

Any use of the Content for purposes other than those expressly permitted by these Terms and Conditions or the accompanying use agreement, if any, is prohibited.

Any unauthorized modification of the site is prohibited.

  1. Limitation of Liability

By accessing the site, you agree that the use will be at your own risk. DirectInMall is not responsible for any direct or indirect incident or any other loss, cost or expense of any kind that may result from accessing or browsing the site or through data downloads (text, images, video or audio). p>

DirectInMall is also not liable for any damage caused by viruses, bugs, human actions, or any malfunction of the computer system, or any other errors, malfunctions, or communication delays in transmissions on devices.

Users are responsible for maintaining the confidentiality of their login information.

Seller shall not be liable for any damages that Buyer or any third party may suffer as a result of the Seller's fulfillment of any of its obligations under the Order and for damages resulting from the use of the Products and Services upon delivery and especially for their loss.

DirectInMall reserves the right to periodically update and modify the Site Terms and Conditions.

  1. Personal data processing

In accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC (General Data Protection Regulation), DirectInMall has the obligation to process in a safe manner and only for the purposes specified below, the personal data you provide us about you, a member of your family or another person.

The purpose of the processing of personal data is e-commerce.
The categories of personal data provided by the customer at the time of creating the account on the directinmall.com platform are: name and surname, sex, telephone, email address, address (address / billing / delivery).

This data is required and must be completed. Your refusal makes it impossible to place an order.

The registered information is intended for use by DirectInMall, as an operator, registered in the Register of personal data processing under number 34283, and is communicated only to the following recipients: the IT service provider that ensures the functionality of this site, DirectInMall Marketplace partners listing products on site, central / local public authorities, the judiciary, prosecutors and other law enforcement agencies, payment processor, courier companies.

The courier companies through which DirectInMall transports the goods ordered by you are Independent Data Operators, the purpose of data collection by them, in the contract with DirectInMall being exclusively the fulfillment of orders, as well as the legal purposes resulting from the application of national law. as required by the competent National Supervisory Authorities, as appropriate.

Under Regulation (EU) 2016/679, you have the right to access, to rectify, to delete data, to restrict the processing, to the portability of data, to the right to object and to the right not to be subjected to an automated individual process. At the same time, you can contact the National Authority for the Supervision of Personal Data Processing based in Bucharest, G-ral Blvd. Gheorghe Magheru, Nr. 28-30, Sector 1, postal code 010336.

Further information on personal data processing activities can be found on our website www.directinmall.com, Personal Data Processing section.

Your personally identifiable information will not be sold, exchanged, transferred or given to any other company for any reason, without your consent. This does not include trusted third parties.

  1. Privacy

DirectInMall will keep the information you provide confidential. The information will only be disclosed in accordance with this contract.

  1. Cookie

Please read the Cookie Policy that is part of this document.

  1. Register a user

The user of the site www.directinmall.com has the opportunity to register by creating an account. To do this, you need to provide your first and last name, an email address, a phone number and a password. If the password is lost, it can be recovered by accessing the Forgot Password section.

Creating a new account is done by accessing my account page, creating a new account, and following the steps on the screen.

  1. Products and services

The list and features of the products featured on the www.directinmall.com site are subject to change at any time. The products are listed in different categories, depending on the field of use. Within a category, you will find the products that belong to this category. More details about the listed products can be found on the product page. The information is accompanied by one or more informative images. Both additional information and images are for informational purposes only and are not binding on DirectInMall.

DirectInMall is not responsible for product information or product images. For better information, we recommend that you carefully study the packaging and package leaflets of your purchased products.

The price of the listed products is all taxes included, including VAT. If an ordered product is no longer in stock, DirectInMall will notify the User / Customer / Buyer of this situation.

  1. Stock availability

DirectInMall will display the product stock on the site as follows:

  • In stock - products in stock
  • Out of stock - products out of stock
  • In stock supplier - products that are in supplier stock
  • To order - products that can be brought to order
  • Pre-order - This product is not in DirectInMall stock or vendor stock. DirectInMall will contact the customer to provide an approximate delivery date for the product

Sometimes there may be a situation where we are unable to deliver the products even if they are in stock. For example, when preparing the order we notice that the product is damaged and is the last piece. In such cases, DirectInMall will inform the customer.

  1. Price

The prices displayed on the directinmall.com platform include VAT and all related taxes according to the legislation in force. In the event of incorrect pricing, DirectInMall reserves the right to cancel the delivery of the product, having the obligation to inform the Customer / User / Buyer.

In addition to the displayed prices, the cost of transport will be added and will be notified to the Customer / User / Buyer when the order is completed.

  1. Place Order

Customer / User / Buyer can place orders on the site by adding the desired products and services to the shopping cart and following the steps to complete the order by choosing the payment method.

DirectInMall reserves the right to restrict the access of some Customers / Users / Buyers in order to place an order for justified reasons or on the basis of their conduct or activity that may harm DirectInMall in any way.

By completing the order, the Buyer declares that all the data entered, necessary for the purchase process, are correct and current.

Seller may cancel without obligation and no obligation the order placed by the Buyer with prior notice.

Upon placing the order, the Buyer will receive a confirmation email and / or will be contacted via email and / or telephone to confirm the order.

The buyer can withdraw from the Contract, without invoking any reason, within 14 calendar days. The return period, according to GEO no. 34/2014, is 14 days from the moment the Buyer takes possession of the ordered Product. If the buyer decides to withdraw from the contract, he will fill in the return form.

If the Customer / Buyer requests the withdrawal from the contract within the legal term of 14 days, the Customer / Buyer must also return any products received as a gift. If the order is paid, the Seller will have to return the amount within a maximum of 14 days from the date of the request for withdrawal from the contract. If the products have not been received by the Seller, the refund may be deferred until the products come into the Seller's possession.

The value of the order will be returned to the account indicated by the Customer / Buyer.

If the product is returned in a condition where it can no longer be sold as new (open packaging, missing accessories, damaged product, etc.), we reserve the right to charge a fee for restoring the good. or to cover the price difference resulting from the sale of the product as resealed, or at the request of the Buyer we will resend the product, the delivery / transport costs being borne by the Buyer.

  1. Products and services for which no right of withdrawal is secured
  • Service contracts
  • Products made according to Buyer's requirements / specifications
  • Sealed products that cannot be returned for reasons of health protection or hygiene and that have been unsealed by the Buyer
  • Products with digital content
  • Audio and video recordings
  • Computer programs
  • Newspapers and magazines
  • Products that are by their nature inseparably mixed with other elements
  • Products and services whose price depends on fluctuations in the financial market and which cannot be controlled by the Seller
  • Other products in accordance with applicable law

The return of used or unauthorized products that show signs of wear and tear, scratches, chipping, bumps, mechanical / electric shocks, and products that do not have accessories are not allowed.

  1. Payment, shipping, and delivery

Payment can be made: online by bank card; OP by bank transfer; refund on delivery of products.

All banking transactions will be carried out in a secure manner, with the payment processor being the one who guarantees the protection of all personal data and information.

The tax invoice will be issued for each order and will accompany the delivered products and / or will be sent in electronic format to the email address specified by the Buyer.

Once the order is ready and delivered to the courier, the Customer / Buyer will be notified by email of how the products will be delivered.

Products purchased by DirectInMall Marketplace partners are delivered directly by them, exclusively by express courier. The documents related to the products ordered from the partners will be issued and delivered by them together with the purchased products.

  1. Quality and Warranty

The guarantee is granted to the Buyer based on the applicable provisions, respectively Law 449/2003, Ordinance 9/2016 and the Civil Code, except for resealed products.

In the case of durable goods, a legal guarantee of conformity is granted under the Certificate of Guarantee.

For products sold by DirectInMall Marketplace partners, the Customer / Buyer will receive a warranty certificate upon delivery of the products. The partner undertakes to ensure that the guarantee certificate is delivered.

In accordance with art. 11 of Law 449/2003, each Customer may request, in case of non-compliance, primarily the repair of the product, or has the right to request the replacement of the product, unless the measure is impossible or disproportionate. Replacement of products is possible only within the available stock.  
Upon receipt of the goods, it is recommended that the customer ensure that the delivered products meet the quality and quantity of his expectations.  

In the case of resealed products, the warranty period may differ.

  1. Reviews

Users / Customers / Buyers can write reviews in the reviews section on each product page.

Reviews must be strictly related to the product. Suggestions, personal opinions, product experience, and other information that would help other people create an opinion about the product may be included.

We reserve the right not to post defamatory, misleading, misleading, false, incomplete, or critical opinions about other customers who have posted messages, as well as unrelated opinions about the product. p>

  1. Promotional codes and gift cards

DirectInMall may issue promotional codes through various campaigns or Gift Cards. They can only be used for certain periods of time by individuals over the age of 18.

Promotional codes and Gift Cards can be used only once.

  1. Contract law

The contract will be interpreted according to the laws of Romania.

  1. Force majeure
Force majeure is an event beyond the control of the parties, which is not due to their fault or fault, which could not have been foreseen at the time of concluding the contract and which makes impossible the execution and, respectively, the fulfillment of the contract; such events are considered: wars, revolutions, fires, floods, epidemics / pandemics, crises or any other natural disasters, restrictions arising from a quarantine, embargo, the enumeration is not exhaustive but enunciative.

Force majeure shall exempt the Contracting Parties from the performance of their obligations under this Agreement for the duration of its term of office.

The performance of the contract will be suspended during the period of force majeure, but without prejudice to the rights of the parties until its occurrence.

The Contracting Party, which invokes force majeure, shall notify the other Party immediately and in full of its occurrence and shall take all measures available to it to limit the consequences.

If the force majeure acts or is deemed to act for more than 15 days, each party has the right to notify the other party of the legal termination of this contract, without either party being able to claim damages from the other. / p>

  1. Litigation

This contract represents the will of the parties, is subject to Romanian law and is supplemented by the provisions of Romanian law in force. Any disputes regarding the conclusion, interpretation, execution and termination of this contract will be settled amicably. If this is not possible, any dispute arising out of or in connection with this contract, regarding its validity, interpretation, execution or termination, shall be settled by the Commercial Arbitration Court attached to the Timiș Chamber of Commerce, Industry and Agriculture, in in accordance with its Rules of Arbitration Procedure. The arbitral award shall be final and binding on the parties.