Commercial Policy

1. The right to decide

 

Trade operations shall take place between contractual parties according to the present law, irrespective of the fact that the beneficiary is a Romanian or a foreign natural or moral person.

 

2. The purchase agreement and its aspects

 

Trade operations shall take place between contractual parties according to an online order, or based on a sales and purchase agreement; the last shall have attached to it the following documents:

 

a) the order submitted by the beneficiary with information on the quantity and the type of goods and the place of delivery

 

b) the confirmation of the order received from the supplier, including the price

 

c) other documents agreed by the parties, and according to the present Accounting Law.

 

3. General terms for the delivery of goods

The delivery is made to the home address of the recipient. The reception place (hereinafter called also the destination place) is set up according to the data of the beneficiary’s order.The transport to the destination address is provided by the supplier.Transport charges are paid by the supplier. The responsibility for the damages occurred to goods is taken by the beneficiary starting with the moment of their reception at the destination address. The copyright of goods is transferred to the beneficiary at the same time with the payment of the purchase price. Delivery terms specified in the confirmation of the order are informative; the supplier has the right to change them depending on the producers’ delivery terms. The supplier has the right to deliver the goods before this delivery term or after its expiration, and the beneficiary resigns all claims to have paid any possible damages occurred due to the delay of the products delivered. Partial delivers are allowed.

 

4. Payment terms

 

Catalogue’s prices have the value added tax included. After the delivery of goods, the supplier must draw and send to the beneficiary the invoice with all the data specified in this fiscal document. The supplier has the right to ask, before delivery, for a payment in advance amounting even to100 % of the total value of the order, or to send the goods for cash on delivery. The payment day is the day when the account of the vendor was credited with the amount standing for the purchase price, including the VAT. Due date is the date when the goods were delivered to the carrier or any other day agreed in a special agreement. In case of some delays for the payment of the invoice, the supplier has the right to calculate penalties per each day of delay standing for the total legal interest due.

 

5. Liability for the flows of goods, the guarantee of the quality

 

The supplier’s guarantee of the quality is of 12 months for the goods delivered, and starting with the sale date (which is the reception date of the goods). The supplier is not held liable for the flows covered by the guarantee certificate issued for their quality if the damages occurred were generated by external events, after being received by the beneficiary, and they were not generated by the supplier, or by any of the persons helping the supplier to keep its contractual duties.The beneficiary must check out the goods right before their reception. If he/she finds that the goods delivered show flows occurred during their transportation, he must specify this thing upon their reception, in the delivery note. The beneficiary shall claim for the quantity or other clear damages in 3 working days since the reception date of goods. The claims concerning some hidden flows shall have an answer soon after their observation, but no more than in 12 months since the reception date of goods. The claim shall be made in written and it is registered under its delivery date. The claim for flows imputed to the quality shall have as proof a sample of the goods with flows or the flows shall be officially assessed. If the parties do not set the contrary, the claim shall not have any influence on the payment obligation of the purchase price at the value invoiced. The place chosen for respecting the commitment on the liability for the flows is the headquarters of the supplier. Besides the claim for the flows occurred to the goods, the beneficiary can also claim for the payment of damages, especially for paying the profit lost due to the delivery of goods with flows.

 

6. Sending back the goods

 

The beneficiary can send back the goods ordered in 3 days since their reception, and he is not obliged to state any reason.The goods can be sent back with the previous acknowledgement of the supplier, and goods should not be damaged, used and sent in their original pack, at the address set by the supplier. The transport charges shall be paid by the beneficiary. After the reception of the goods which were sent back, the supplier draws a credit note at the purchase price (except for the transport charges) and he/she returns eventually the amount written in the credit note by banking tranfer in the account of the beneficiary. The right for sending back the goods is not valid for the case when the goods were designed and produced especially for the beneficiary, and so they are not listed in the catalogue, or if the goods were purchased with a discount.

 

7. Data security and legal agreement on the publicity

 

According to the agreement on General trade terms, the client expresses his exclusive agreement on the fact that ITLearning SRL company can effect, with the aim to have its own marketing in its relationship with the customer, any research, process and use of the personal data provided to the ITLearning SRL company, besides other things, in order to build the clients’ data base. The Client agrees first of all that during the advertising campaigns of the ITLearning SRL company, offers which were not-requested expressly by him/her shall be sent to him/her by fax, e-mail or by other similar ways for forwarding data. The Client can terminate at any time this agreement, its effects end in the future.

 

8. Final terms

 

All purchasing agreements on the delivery of goods according to the ITLearning SRL company’s catalogue signed between the beneficiary and the supplier shall be valid under these general trade terms specified by the Romanian Law or agreed by the parties. ITLearning is not held liable for any consequences resulted from the misuse of the goods or from the non-observance of the instructions provided for their use. In case that any of the provisions of the present terms is rendered void or it is changed, this fact shall not affect the availability of other provisions. Any provision being in line with the commercial goal of the provision declared invalid, it is considered to be agreed. All litigations on this trade relationship shall be solved by the competent resort at the headquarters of SC ITLearning SRL.