1. GENERAL PROVISIONS
The online service is offered by URBAN MOWGLI SRL, registered at the Trade Register under no. J40/6349/2022, having CUI: 45908065, with headquarters in Bucharest, Palisandrulu str., no. 12 A, sector 1, hereinafter referred to as “Provider”, “Seller” or “Merchant”. of the urbanmowgli.ro website, owned by the Provider.
Browsing the urbanmowgli.ro website, using the products presented and/or placing an Order is equivalent to reading, understanding and accepting the Terms below in full by any Customer of the Provider, having the capacity of User/Buyer/Consumer.
The Provider reserves the right to make changes in the content of this website, as well as in these Terms and Conditions, without any prior notification to the Users/Consumers. In case of divergence or misunderstandings between the Provider and the Client, the Terms and conditions valid at the time of placing the Order will apply. The consumer must periodically consult these Terms and Conditions, especially when placing an order through the platform.
2. DEFINITIONS
For an adequate interpretation of the Terms and Conditions of use of the urbanmowgli.ro website, as well as the rights and obligations arising from their acceptance, the following terms will have the following meanings:
“Subscriber” – natural person who subscribes to the Newsletter offered by the Provider, as it will be defined below;
“Order” – an electronic document that acts as a form of communication between the Provider and the User through which the User expresses his intention to conclude a Distance Contract, using the means of distance communication, specifying at the same time the Products he offers to purchase from the Provider, through the Website, and providing him with the necessary data for concluding and carrying out of the Distance Contract;
“Commercial communications”/ “Newsletter” – electronic “newsletter” service that allows Users to receive periodic information from Prest ator, in particular about the Products and services presented on the urbanmowgli.ro website to the e-mail address or phone number that the User provided in the subscription process;
“Consent” – means any manifestation of will free, specific, informed and unambiguous consent of the data subject by which he/she accepts, through a statement or through an unambiguous action, that the personal data concerning him/her will be processed;
“Content” includes the following elements:
the content of any newsletter or e-mail sent to Subscribers by the Provider by electronic means and/or any other means of communication available;
data related to the Provider;
Digital content = data and products provided in digital format of the Website;
information related to the products/services and/or prices charged by the Provider in a certain period;
any information communicated by any means by an employee/representative of the Uti Provider the lizar or the Client, according to the contact information, specified or not by the latter;
all information on the Site that can be visited, viewed or otherwise accessed using a digital device.
“Distance Contract” – sale-purchase contract concluded at a distance, without the simultaneous physical presence of the Provider and the User, materialized in the order confirmed and accepted by the Provider, by email and through which the Provider agrees to sell and deliver the Products, and the User is agreement to purchase, receive and pay for these Products.
“Shopping basket” – section of the Site that allows the Buyer/User to add to the shopping basket the Services/Products he wishes to purchase at the time of the actual addition of them or at a later time.
“Buyer”/ “Client”/ “Consumer”/ “User” – the person who browses the Site or interacts, in various forms, with it (filling in forms, subscribing to the newsletter, placing an order, etc.) and has access to the Content;
“Personal data” – any information regarding an identified or identifiable natural person (“data subject” ). These may refer to: name and surname, home address/residence, e-mail address, telephone number, etc.;
“Document” – these Terms and Conditions;
“Personal data operator ” – means the natural or legal person, public authority, agency or other body that, alone or together with others, establishes the goals and the means of personal data processing;
“Data processing” – any operation/set of operations on personal data (with or without the use of automated means), namely collection, registration, organization, structuring, storage, adapting, modifying, extracting, consulting, using, disclosing, disseminating, making available, aligning, combining, restricting, deleting, destroying, etc. (representing any kind of operation related to personal data);
“Provider” – the company URBAN MOWGLI, having the identification data above;
“Product” – The product made available to the User/Client by the Provider through through the Website and which refers to any good or service, including digital services and digital content;
“Service” – the e-commerce service conducted exclusively on the available public portions of the Website, in the sense of providing the possibility to the User/Client to have access to the data and information provided within the Site and to contract the Services presented using exclusively electronic means;
“Digital Service” – at least one of the following services:
a service that allows the consumer to create, processing, storing or accessing data in digital format; or
a service that allows the exchange of data in digital format uploaded or created by the consumer or other users of the respective service or any other interaction with this data;
“Transaction” – the collection or reimbursement of an amount resulting from the sale, respectively the purchase of a Product;
“Website” or “Site” – online platform urbanmowgli.ro.
3. TERMS OF USE
3.1. Use, including but not limited to accessing, visiting and viewing the Content/Service, implies the User’s adherence to these Terms and Conditions. The buyer undertakes to constantly monitor the Terms and Conditions, which can be updated, modified and supplemented. In case of misunderstandings, the Terms and Conditions valid at the time of placing the Order and notifying the Buyer in writing apply.
3.2. Access to the service can be achieved by accessing the urbanmowgli.ro Website, by making phone calls to the number indicated on the Website, respectively via the e-mail address urbanmowgli2022@gmail.com.
3.3. Placing an order on the Site or through the methods provided above implies the explicit consent of the User regarding the conclusion of the distance sales contract. The information that the User transmits in the context of placing an Order must be correct, real and complete. Thus, opting
to place an Order, the User/Buyer undertakes to provide the correct name, telephone number, e-mail address and other information necessary for the operation of the Orders placed.
3.4. By using the Site/Content/Service, the User is solely responsible for all activities arising from its use. Also, he is responsible for any material, intellectual, electronic or any other kind of damage caused to the Site/Content/Service or the Provider in accordance with the national legislation in force.
3.5. If the User/Buyer does not agree and/or does not accept and/or revokes the consent given for this Document, he renounces: access to the Service, other Services/Products sold through the Site, receiving newsletters and / or communications from the Provider of any kind (electronic, telephone, etc.). In this context, the Provider will delete all data referring to the User/Client/Subscriber from its database, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other, with the exception data stored in the provider’s fiscal records, which will be retained for the period indicated in the National Archives Law, respectively accounting or in the applicable normative acts in the matter, in order to fulfill the latter’s legal obligations.
3.6. The User/Buyer, in accordance with the legal provisions regarding the protection of personal data, has the right to request the deletion of his personal data processed for commercial and marketing purposes by the Provider based on the contract agreed by the parties, and in this sense he can make a written request which he will send to the e-mail address: urbanmowgli2022@gmail.com.
3.7. The Provider can limit access to the Site, respectively the use of existing accounts by reference to the User’s behavior. In any form of communication (contact forms, reviews), defamatory, threatening contents that affect the privacy of other people, that incite hatred are not accepted racial, ethnic or which are in any other way insulting or any other action contrary to the legislation in force.
4. CONTENT
4.1. The provider guarantees the User limited access, in personal interest, to the urbanmowgli.ro site and does not grant him the right to download or modify the site in whole or in part, to reproduce in whole or in part the Site Content, to copy, to sell/resell or to exploit in any other way the Content of the website and the materials made available through it, for commercial purposes or contrary to the interests of the provider company, without its written consent.
4.2. All Content, including but not limited to the name of the Site, static images, dynamic images, text and/or multimedia content, logos, commercial symbols, stylized representations presented on the Site are the intellectual property of URBAN MOWGLI and, as the case may be, , of his collaborators, a situation in which the Content can be followed by the original title.
4.3. With the exception of actions permitted by applicable copyright law, the User is responsible for obtaining permission before using any copyrighted material made available by URBAN MOWGLI.
4.4. The user is responsible for any intellectual damage caused to the Site, the Content, or any third party with whom the Provider has concluded contracts, in accordance with the national legislation in force.
4.5. All the information used for the visual description of the Products/Services available on the Site (static/dynamic images/multimedia presentations, etc.) do not represent a contractual obligation on the part of the Provider, they are used exclusively for presentation purposes. The provider may at any time modify the details available online regarding the Services presented and the Products offered for sale.
5. ORDERING PROCEDURE
5.1. Any interested person can place an order and/or access the services presented on the website, either online, using the Shopping Cart, or by e-mail or telephone. Adding a product to the shopping cart, in the absence of the completion of the order or the long duration from the moment of addition to the cart to the moment of completion of the order, does not entail its automatic reservation. The order is considered valid only after the Provider confirms to the User/Client by e-mail/telephone the possibility of honoring it.
5.2. For the order placed online on the website, the User/Client will have to tick the box expressing his agreement with the provisions of these Terms and Conditions.
5.3. By completing the order, the User/Client declares and guarantees that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the order and agrees to be contacted by any declared means, if this is required work.
5.4. Certain products (for example, e-books) or digital services are available exclusively online through the Website. It is the obligation and responsibility of the User/Client to check the compatibility information and publicly available instructions on the site and to ensure that the digital products they intend to buy are compatible with the devices they intend to use, before making the purchase. The provider cannot return, convert or make available to the User/Client other formats than those purchased by him and existing on the website at the time of the transaction.
5.5. In the event that the User/Client purchases a digital product that is not compatible with his device and this incompatibility is publicly specified on the website, it will not be possible to return the value of the products as long as the User/Client has been provided with a valid download link which works under the conditions specified on the website.
5.6. The provider can unilaterally denounce an order, following a prior notification addressed to the User/Client, without any obligations between the parties and without a party being able to claim damages, for the following situations:
· Provision of incomplete or incorrect data by the User /Client;
· Failure/invalidation of the online transaction;
· Non-acceptance by the payment processor/issuing bank of the User/Client’s card for carrying out the transaction;
· The User/Client, through his activity on the website, has produced or may cause damage of any kind or harm in any way the Provider and/or its partners;
· The Provider has tried more than two consecutive sending attempts, without success. Any changes regarding the data specified by the Customer in the relevant section of his account u will operate starting with the next order made after the changes. For ongoing orders, the initially provided data will be the ones used to send the products.
5.7. The User/Client can request the modification or cancellation of the order/consultation already placed, by telephone or by e-mail, on the same day in which the order was placed and only if the Provider confirms that the order has not been shipped or the consultation has not already been confirmed by Customer.
6. PRICE AND PAYMENT OF PRODUCTS
6.1. All prices related to the Products offered are presented on the Site and are prices expressed in RON without VAT included.
6.2. The Provider reserves the right to change the prices charged for the products and/or services available on the site without prior notification to the User/Client and in compliance with the Orders already registered. The provider cannot under any circumstances be obliged to maintain a certain price, with the exception of products from Orders already placed.
6.3. The purchase price of the Products from an issued Order cannot be changed at a time after its issuance except with the agreement of the parties, in
exceptional situations, by referring to the concrete situation and the legal provisions in force.
6.4. The provider reserves the right to cancel orders for products and services that are displayed on the website as a result of technical or human errors, or which, due to technical or human errors, present obviously erroneous/derisive prices for products.
6.5. The user has the following payment methods available:
· online with the card – The customer can pay with a VISA (including ELECTRON)/ MASTERCARD (including MAESTRO) card. After completing the necessary steps to complete the order, the Customer will be transferred to a secure page where the necessary data for payment processing can be entered. No information related to the User’s/Client’s card will be stored by the Provider.
· payment by OP/deposit into the account;
6.6. For online card payments, the Provider is not/cannot be held responsible for any other additional costs borne by the User/Client, including but not limited to currency conversion fees applied by the card issuing bank, if its issuing currency differs from RON. The responsibility for this action belongs exclusively to the User/Client.
7. COMMERCIAL COMMUNICATIONS. NEWSLETTER
7.1. The subscription to the Newsletter offered by the Provider can only be done if the User is 18 years old at the time of submitting the subscription intention or has the consent of the legal representative in this regard and is not conditioned by the payment of a fee or the registration of a user account.
7.2. Receiving Newsletters and other alerts of this kind requires ticking the corresponding box in the form on the Site, commercial and informative communications being sent only based on the express consent of the Client. Thus, the User becomes a Subscriber and unconditionally accepts including the present Terms and Conditions if he has not previously expressed his agreement regarding the receipt of such communications through another method.
7.3. By subscribing to the Newsletters, it is considered that the User consents to receiving periodic e-mails with various information from our site, in accordance with the Personal Data Protection Policy available here
7.4. The personal data used by the site for the transmission of newsletters will be used by the Provider only for the purposes described in the Privacy Policy and in accordance with its provisions.
7.5. Renunciation of receiving the Newsletter by the Subscriber can be done at any time, in an easy way, by withdrawing the consent regarding the processing of his data for marketing purposes and by expressing the intention to unsubscribe, as follows:
using the specific unsubscribe option from any newsletter received;
by contacting the Provider via e-mail and sending the intention to unsubscribe from the Newsletter and without any subsequent mutual obligation of any Party or without any Party being able to claim damages from the other.
7.6. Renunciation of receiving the Newsletter does not imply renunciation of the consent expressed for this Document, this renunciation producing effects only for the future, after the communication of the intention to withdraw the consent.
8. LIMITATION OF LIABILITY
8.1. The User/Client is solely responsible for the correctness of the information entered in the order form (invoicing by default). The user/client assumes responsibility the request for making the order based on the information provided.
8.2. The Provider is not responsible for orders that are not properly loaded on the Site, including, but not limited to technical problems independent of the Provider’s will, losses, delays or any other situations arising when placing the order caused by service providers and/or of the Internet, the Internet connection of the person who wants to place an order, etc.
8.3. The Provider does not guarantee the access of customers to the site at any time, not being responsible for problems caused by third parties (technical problems, failures due to the server or the Internet connection) or problems generated by the upgrade or any other commercial reasons of the Provider.
8.4. The user uses the Site assuming his own responsibility, the Provider being free from any liability for direct or indirect damages caused by using/accessing/visiting the Site. The provider does not assume responsibility for potential malware programs that could infect the User’s computer or other assets after accessing or using this Site or downloading any material, information, text, video or audio images from it.
8.5. The provider is not responsible for the content, quality or nature of other sites reached through links from the Content, regardless of the nature of these links. For the respective sites, the responsibility is borne, in full, by their owners.
8.6. All the images and texts on the site are for example. In this sense, the products shipped in the order may be different from those presented online (cover, packaging, color, appearance, accessories, format, etc.). Also, the Provider will be able to modify the details available online at any time regarding the products and services offered.
9. FORCE MAJEURE
9.1. Except for the cases in which they have not expressly provided otherwise, none of the parties to a concluded Contract, which is still in progress, will be responsible for the non-execution on time and/or in an appropriate manner, in whole or in part, of any of the obligations fall under the Contract, if the non-performance of the respective obligation was caused by a force majeure event. 9.2. The party or the legal representative of the party that invokes the event mentioned above is obliged to inform the other, immediately and completely, of its occurrence and to take any measures available to them in order to limit the consequences of that event.
9.3. The party or the legal representative of the party that invokes the event mentioned above is exempted from this obligation only if the event prevents him from completing it.
9.4. If, within 15 days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of the Contract without any of them being able to claim other damages to the other.
10. SETTLEMENT OF DISPUTES
10.1. By using/visiting/viewing this Site by the User, he declares his agreement with these “Terms and Conditions”.
10.2. This Agreement is governed and interpreted in accordance with the legal provisions applicable on the territory of Romania. Any dispute with reference to these “Terms and Conditions” that may arise between the User and the Provider will be resolved amicably. If this will not be possible, the conflict will be resolved according to the rules of competence provided in the Code of Civil Procedure.
10.3. Considering the provisions of Regulation (EU) no. 524/2013 regarding the online resolution of consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC, the Provider offers the User the opportunity to opt for the out-of-court settlement of any disputes, by using the European online dispute resolution platform (SOL platform), a digital tool created by the European Commission to facilitate the independent, impartial, transparent, effective, fast and fair settlement, by extrajudicial means, of disputes concerning the contractual obligations resulting from contracts for the sale or provision of online services between a consumer residing in the Union and a trader established in the Union . The SOL platform can be accessed at the following internet address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=RO.
10.4 . Also, the User has the right to address ANPC in connection with any dissatisfaction with the Provider’s products/services.
