TERMS and CONDITIONS

TERMS AND CONDITIONS OF USE OF THE ONLINE STORE WWW.NEVEROBLIVION.RO

  1. A) DEFINITIONS

A.1. Throughout this document, when capitalized, the following terms will have the meanings defined below, unless the context requires otherwise:

TRADEMARKS: are the registered trademarks owned by Rave Disruptive SRL.

WEBSITE: is the online store hosted at address www.neveroblivion.ro, by which the User has access to information on the goods sold by Rave Disruptive SRL.

NeverOblivion or the SELLER: is the trade name of Rave Disruptive SRL, a company incorporated and existing under the laws of Romania, registered with the Trade Registry Office attached to the Court of Bucharest with No. J40/14256/2016, Tax Number 36687402, with registered office in Bucharest, Sector 2, Str. Armoniei No. 20A, parter, camera 1, e-mail contact@neveroblivion.ro, tel. +40724505522

USER: means any individual aged 16 and above and any legal entity that accesses the WEBSITE by any means of communication made available by NeverOblivion, for private or professional purposes, which accepted these Terms and Conditions posted on the WEBSITE, regardless whether such person has created an individual account with the Website or not;

ABUSIVE USE: means using the WEBSITE in a manner that is contrary to the industry practices and to the applicable laws and regulations or in any other manner that may harm Rave Disruptive SRL.

ACCOUNT – the Website section consisting of an e-mail address and a password, which enables the User submit orders and which contains information concerning the Customer/User and his/her history with the Website (including orders, fiscal invoices, warranties, etc.). The User is exclusively responsible and shall assure that all information entered upon creating the Account is accurate, complete and updated. When the Account is created, the data provided by the User are saved and the User can use them to place future orders.

BASKET/CART – a section of the WEBSITE that enables the User add goods that he/she wants to buy at the time of adding them or at a later time; in the goods are not purchased within 30 minutes from the time of adding them by completing the Order, the Seller will cancel the content of the Basket/Cart.

ORDER – an electronic document that operates as a form of communication between the Seller and the Buyer, by which the Buyer transmits to the Seller, through the Website, his/her intention to buy Goods and Services from the Website.

GOODS – any products or services listed on the Website, including the products and services mentioned in the Order, which are to be supplied/provided by the Seller to the Buyer based on the Contract entered into.

CAMPAIGN – the displaying, for marketing purposes, of a limited number of Goods, a limited and predefined stock or certain advantages offered by the Seller for a limited period defined by the Seller and stated on the Website or in these terms and Conditions.

CONTRACT – means the remote contract concluded by the Seller and the User, without the simultaneous physical presence of the Seller and the Buyer, based on these Terms and Conditions.

  1. CONCLUSION AND FULFILLMENT OF THE CONTRACT THROUGH THE ONLINE STORE
    • INFORMATION AVAILABLE ON THE WEBSITE AND ACCESSING THE WEBSITE
      1. The information posted on the Website is general information on NeverOblivion, the goods sold by them, their partners, as well as other information that NeverOblivion considers to be of interest for Users.
      2. The information included in the description of the Goods posted on the Website is for presentation only and does not represent a contract obligation of NeverOblivion.
      3. NeverOblivion reserves the right to modify at any time the description or images of the Goods, as well as these terms and Conditions, without prior notice.
      4. The delivered goods may differ in any way from the images, as a result of changes in the features, design or other aspects made by manufacturers, and no prior notice to the User will be required in this respect.
      5. Information is usually made available to Users free of charge. NeverOblivion reserves the right to implement certain paid services on the Website.
      6. The User undertakes to access the Website for purposes and with means that are not forms of abusive use.
      7. If an unusual amount of traffic from an Internet network is detected, NeverOblivion may ask the User to manually enter certain Captcha-type validation codes.
    • ORDER PLACEMENT
  2. The User can place an Order by adding the desired Goods to the Cart on the Website, making the payment or selecting one of the payment methods offered by NeverOblivion, clicking on the “Complete Order” button and confirming the order by the means made available by NeverOblivion.
  3. The Website enables the choice of color and size and the placement of the Order only for the Goods in stock.
  4. If the order is not completed within 30 minutes from the time an item is added to the Cart will result in the deletion of that item from the Cart.
  5. The simple adding of an item to the Cart without completing the order does not represent an Order and does not result in the reservation of the item in NeverOblivion’s stock.
  6. By registering an Order with the Website, the User agrees to the form of communication (by telephone or e-mail) used by the Seller in conducting his business.
  7. The Seller reserves the right to change the quantity of Goods in the Order for justified reasons. If the Seller changes the quantity of Goods in the Order, he will notify the User on the e/mail address or telephone number communicated to the Seller upon placement of the Order will return the paid amount.
  8. If the Order is not completed within 30 minutes from adding the Goods to the Cart, the content of the Cart will be deleted automatically and the Goods will be removed from the Cart.
  9. The registration of an Order does not mean that the Order is confirmed. After receiving an order, NeverOblivion will process it for confirmation and for agreeing on the delivery details. For this purpose, NeverOblivion will send an e-mail containing the order details to the e-mail address of the User communicated by the latter.
  10. If the User finds any errors in the Order, he/she shall promptly notify NeverOblivion with regard to the errors/discrepancies found, expressly indicating the corrections to be made.
  11. The Contract is concluded as soon as the User transmits the order confirmation to NeverOblivion.
  12. By completing and confirming the Order, the User expressly declares that he/she has checked the content of the Order, that Order meets his/her requirements (i.e. the item is the one that he/she wishes to purchase and meets his/her requirements in point of color, size, model, composition, etc.), as well as that the information provided by the User is true, accurate and complete.
  13. After receiving User’s confirmation regarding the content of the Order, NeverOblivion will notify the User by e-mail that the order confirmation has been received.
  14. NeverOblivion reserves the right to cancel an order placed by a User, subject to prior notice to the User, without any subsequent obligation for any of the parties and without any of the parties being entitled to claim damages, if:
    1. User’s card or the online transaction are not accepted by the bank that issued User’s card;
    2. the payment processor agreed by NeverOblivion denies validation of the transaction;
    3. the information provided by the User is inaccurate or incomplete.
  • BILLING AND PAYMENT
    1. The payment for the Goods included in the Order may be made by one of the following methods:
      • in cash or by card on delivery
      • in advance, by bank transfer, according to the information in the pro forma invoice issued by NeverOblivion and transmitted to the User,
      • online, by card, using the payment processor agreed by NeverOblivion.
    2. The prices of the Goods listed on the Website are in RON (lei) and exempted from VAT according to the applicable laws.
    3. The price, payment method and payment deadline are specified in each Order. NeverOblivion will issue to the Buyer one common invoice for all Goods included in the Order.
    4. The User shall provide to NeverOblivion in writing all the information required for the issuing of the invoice as required by the applicable law.
    5. NeverOblivion will send to the User the invoice for the Order and any other costs related to the Order, exclusively in electronic format, by adding the invoice to the account of the User or by e-mail to the e-mail address mentioned by the User at the time of placing the Order.
    6. By submitting the Order, the User expressly agrees to receive the invoice in electronic format in the Account opened with the Website or by e-mail to the address communicated by the User at the time of placing the Order.
    7. The User shall update the information in his/her Account on the Website to ensure the proper issuing and sending of the invoice for each Order.
    8. In case of choosing to open an account with the Website, by accessing the Account, the User will have access to a record of all invoices issued by NeverOblivion, which will be available in PDF format and can be saved locally on User’s computer.
    9. In case of online payments of the Website, NeverOblivion is not/cannot be held liable for any additional costs incurred by the User, including, but not limited to currency conversion fees, bank fees or any other costs charged by the bank that issued User’s card, if the currency of the card is not RON (lei). The User is exclusively responsible for this
    10. If the payment is made online through the payment processor agreed by NeverOblivion, the data of the User’s card used for payment will not be accessible to NeverOblivion and will not be stored by NeverOblivion or by the payment processor integrated with the Website, but only by the entity that authorizes the transaction or any other entity authorized to provide card data storage services, whose name will be communicated to the User before entering the data.
    11. The entity authorized to provide card data storage services is Libra Pay (a service offered by Libra Internet Bank SA, a company incorporated in Romania, with registered office in Bucharest, Sector 3, Calea Vitan No. 6-6A, Tronson B, C, Et. 1, 6, 9, 13, Phoenix Tower, registered with No. J40/334/1996 with the Trade Registry Office attached to the Court of Bucharest, Tax Number (CUI) RO 8119644, licensed by the National Bank of Romania, License No. 000025/24.01.1997, registration No. RB-PJR-40-037/18.02.1999, Tel.: +40 (0) 21 208.8000; Fax: +40 (0) 21 230.6565. For more information, visit librapay.ro)
  • DELIVERY
    1. The Order confirmed by the User will be delivered through the express courier service agreed by NeverOblivion.
    2. The shipping cost is NOT included in the price of the Goods. The shipping costs shall be paid by the User exclusively. The User will be informed with regard to the shipping cost at the time of placing the Order or at a later time when the shipping costs can be determined.
    3. The shipping costs may vary depending on the size of the parcel, destination, delivery type chosen by the User (regular or urgent), parcel weight, etc.
    4. Orders will be delivered only on business days, Monday to Friday, 09:00 a.m. to 05:00 p.m.
    5. The time for Order deliveries in Romania is 1 to 3 business days from the moment when NeverOblivion receives the order confirmation from the User.
    6. For other territories, the order delivery time will be notified by the courier service agreed by NeverOblivion.
    7. In holiday periods (e.g. Easter, Christmas, New Year, Valentine’s Day), on Black Friday, as well as during other campaigns conducted by NeverOblivion for limited periods, Order delivery may take 7 to 10 business days from the moment when NeverOblivion receives the order confirmation from the User.
    8. The maximum delivery time for any Order is 30 days from the moment when NeverOblivion receives the order confirmation from the User.
  • TRANSFER OF OWNERSHIP
    1. The ownership of the Goods will be transferred after the User makes the payment.
  • FORCE MAJEURE
    1. No party will be liable for the failure to comply with its contract obligation if such failure to properly and/or timely comply, either in full or in part, with its obligations is caused by a force majeure. Force majeure means any unpredictable and unavoidable event outside the control of the parties.
    2. If the event persists for more than 15 days from the date of occurrence, either party may terminate the contract by sending a notification to the other party in this respect and none of the parties will be entitled to claim damages from the other.
  • RIGHT OF WITHDRAWAL. PRODUCT RETURN
    1. The User is entitled to withdraw from the contract and return an item without giving any reason within 14 calendar days from, the date when the User or the person appointed by the user to accept the delivery or the person that confirmed by signature the receipt of the parcel physically received the item.
    2. The possibility to cancel an Order is available in the Account, on the Website. If the Order can no longer be canceled in the Account (because it has already been delivered to the courier service) and the User no longer wants one or more items in the Order, he/she shall promptly inform NeverOblivion by e-mail at contact@neveroblivion.ro or by telephone at 0724505522.
    3. If the User decides to withdraw from the Contract, he/she can fill in the online product return form made available by NeverOblivion.
    4. The User undertakes to return the Goods in the same condition as received, in the original packaging, with all accessories, all labels intact and all the documents included in the parcel at the time of delivery of the Goods.
    5. The following Goods are excluded from Contract withdrawal:
      • Goods manufactured based on User’s specifications or clearly customized according to User’s requirements;
      • Goods liable to rapid deterioration or expiry;
      • Sealed Goods unsealed by the User, which cannot be returned for health protection or hygiene reasons;
    6. For the purpose of protecting public health, the User may exercise the right of withdrawal only if he/she did NOT unseal the sealed products delivered by NeverOblivion and provided that he/she did not remove or tamper in any way with the label applied by NeverOblivion or by the manufacturer of the item.
    7. If the User requests the withdrawal from contract within the period provided by law for this purpose, he/she shall return the delivered Goods together with any gifts within not more than 14 calendar days from the date of notification of withdrawal.
    8. The cost of returning the delivered Goods to NeverOblivion shall be paid by the User exclusively.
    9. If the payment for the Order has been made, NeverOblivion will return the paid amounts within 14 calendar days from the date when NeverOblivion receives the Goods returned by the User that notified the withdrawal.
    10. In case of exercise of the right of withdrawal, NeverOblivion will return the paid amounts exclusively by transfer to an account expressly indicated by the User for this purpose in the withdrawal right form. The costs related to the bank transfer from the account of NeverOblivion to the account indicated by the User (including, but not limited to bank transfer fees, fees for conversion to other currency than RON, etc.) shall be paid by the User.
    11. By accepting the Terms and Conditions, the User expressly confirms that he/she agrees to the refunding of any amount by NeverOblivion exclusively to a bank account indicated by the User.
  • WARRANTIES
    1. The compliance warranties required by the applicable laws and manufacturers’ policies are offered for all the Goods sold by NeverOblivion. The Goods are new, in the original packaging and come from sources authorized by each individual manufacturer.
    2. The warranty certificates are issued by manufacturers directly and will be included in the parcel delivered to the User. They contain details concerning the purchased goods (i.e. material used by the manufacturer, care instructions, general period of use, etc.)
    3. Any item reported as defective during the warranty period shall be delivered directly to the nearest service center mentioned in the certificate. This center authorized by the manufacturer shall take full responsibility in connection with solving the warranty issue.
    4. The absence of the warranty certificate shall be notified within 48 hours from taking possession of the Product, either by the User or by the person appointed by the User to accept the delivery or by the person who confirmed the acknowledgment of delivery. Any later notification will not be considered.
    5. The warranty period is maximum 1 year from the date of delivery of the Goods.
    6. Any discrepancies between the ordered Goods and the content of the delivery must be notified to NeverOblivion within not more than 2 months from the date when the discrepancies are found. Any claim submitted after the expiry of this period will be null and void and will not result in any liability of NeverOblivion or of the manufacturer.
  • APPLICABLE LAW
    1. The contract concluded remotely or outside the retail facilities between NeverOblivion and the User is governed by the Romanian law.
    2. Any issues arising in connection with the products listed on the Website shall be settled amicably within 15 business days from the date when NeverOblivion receives a written complaint from the User.
    3. Any disputes that may arise between the Seller and the User shall be settled by negotiation or, if the parties fail to reach an agreement, by the competent Romanian courts of law in Bucharest.
    4. If these Terms and Conditions result in the conclusion of a contract that is subject to the international private law, the law applicable to the contract shall be the Romanian law and any disputes shall be settled by the courts of law in Romania.
    5. Any dispute concerning the conclusion, fulfillment or termination of this contract between NeverOblivion and the buyer may be also settled by alternative dispute resolution methods. For more details on alternative/online dispute resolution, visit: https://europa.eu/youreurope/promo/odr-banners/index_en.htm.
  • LIABILITY OF NeverOblivion
    1. The Seller will not be liable for any loss, costs, claims, litigation and any other expenses or liabilities caused directly by the failure to comply with these Terms and Conditions.
    2. NeverOblivion will not be liable for any loss caused by a failure of the Website or by the impossibility to access certain links posted on the Website.
    3. NeverOblivion guarantees optimal use of the Website by using at least the Internet Explorer browser.
    4. NeverOblivion is not and cannot be held liable for any loss caused by errors, inaccuracies or any failure to update the information published and maintained on the Website which is not caused by its fault.
    5. If prices or other details relating to products/promotions were posted wrongly, including as a result of erroneous entering in the database, we reserve the right to cancel the delivery of the product concerned and to notify the error to the User as soon as possible by telephone or e-mail, if the product has not been delivered yet to the User.
    6. The User expressly declares that, in the situation referred to by art. 10.5, the User has the obligation to pay in full the correct price of the product, if the product has already been delivered.
    7. The characteristics of the products posted on the Website are made available by manufacturers and suppliers. NeverOblivion does not accept any liability in connection with the accuracy of this information.
    8. If NeverOblivion is unable to deliver an ordered product as a result of NeverOblivion’s own fault, NeverOblivion shall notify the User in this respect and shall refund to the account of the User within not more than 7 calendar days from the date when the Seller became aware of the situation or from the date when the User expressly notified his/her intention to terminate the Contract.
    9. If the delivered Product differs from the one included by the User in the confirmed Order, the User shall notify this fact within 2 business days from taking possession of the Product. In such case, the Product shall be replaced with the Ordered Product and NeverOblivion shall pay all replacement and shipping costs.
    10. If it is found that the ordered product does not conform to the specifications in the warranty certificate, the User may choose either to return the product in order to be replaced or to be fully refunded.
    11. If the User chooses the replacement with a more expensive product, the User shall pay the price difference. If the User chooses the replacement with a less expensive product, NeverOblivion shall return the price difference within 7 days.
    12. NeverOblivion will have no obligation to replace the Product or to refund the price if the User returns the Product in a different condition than received, if the Product is not returned in the original packaging, if the Product does not have all labels attached and intact or if the Product is not accompanied by all the original accessories and documents.
    13. NeverOblivion is entitled to the payment of the full price of the Product if the Product is received by NeverOblivion damaged, it has been unsealed, if the original labels are not complete and still attached or if the Product is no longer marketable. In such cases, NeverOblivion may deny the return.
    14. NeverOblivion is entitled to the payment of the full price of the Order if the Order could not be delivered for reasons attributable to the Users (e.g. if the User was not found at the delivery place agreed with the courier service agreed by NeverOblivion).
    15. The User cannot terminate the Contract if the noncompliance is minor.
    16. NeverOblivion reserves the right to supplement and change any information on the Website, including the prices of the Goods.
    17. The sales promotions posted on the WEBSITE are valid only during the periods expressly mentioned on the Website. If no specific period is mentioned, the sales promotion will be valid depending on stock availability.
  1. COOKIE POLICY. PERSONAL DATA PROCESSING
    • The User shall not made any public statement, promotion, press release or any other type of disclosure to a third party in connection with the Order placed, the Contract or any details relating to the Contract without the prior written consent of NeverOblivion. By accepting the Terms and Conditions, the User confirms the fact that, in case of failure to comply with this clause, he/she shall indemnify NeverOblivion for all damages caused to it.
    • NeverOblivion will keep confidential the information of any nature provided by the User. The provided information may be disclosed only as stipulated in these Terms and Conditions.
    • By accepting these Terms and Conditions, the User expressly agrees to the processing of personal data (see https://www.neveroblivion.ro/ro/gdpr-protectia-datelor-cu-caracter-personal-2) and to the cookie policy (see https://www.neveroblivion.ro/ro/cookie-policy-2), which form an integral part of these Terms and Conditions.
  2. MARKETING COMMUNICATION
    1. Marketing communication means any form of communication intended to promote, either directly or indirectly, the products, image, name, company or logo of NeverOblivion, performed by NeverOblivion or by any third party chosen by NeverOblivion.
    2. By accessing the Website, the User expressly and unequivocally agrees to receive marketing communications from NeverOblivion with regard to the Goods sold by NeverOblivion, the orders placed by the User, the status of User’s orders, as well as with regard to Goods that are similar to those purchased, including with regard to sales promotions and discounts applied by NeverOblivion.
    3. The User may change at any time his/her option concerning the consent given to NeverOblivion for sending Marketing Communications containing general and specific information, including information on offers or sales promotions, or may unsubscribe at any time as follows:
  • by changing the Account settings in the “My subscriptions” section;
  • by accessing the “Unsubscribe” link included in all the Marketing Communications received from NeverOblivion; or
  • by contacting NeverOblivion.
    1. By adding Goods to the “Basket/Cart” section of the Account, NeverOblivion will transmit to the User Marketing Communications concerning:
  • changes in the prices of the Goods added to “My Cart”,
  • recommended Goods or Services similar to those added to “My Cart”,
  • the existence of Goods or Services in “My Cart”, and
  • the stock availability of the Goods or Services added to “My Cart”.
    1. Following the purchase of a Product, NeverOblivion may transmit to the User Marketing Communications with suggestions of Goods recommended to be used with the Product or Service purchased.
    2. To improve the offer of Goods and the shopping experience, NeverOblivion may use your data to conduct market surveys and opinion polls. The information obtained from such market surveys and opinion polls will not be used for advertising purposes. Your answers to market surveys and opinion polls will not be associated with your identity, will not be disclosed to any third party and will not be published. You may object to the use of data for market surveys and opinion polls at any time by accessing the “Unsubscribe” link included in the message or by contacting NeverOblivion.
  1. INTELLECTUAL PROPERTY
  1. Rave Disruptive SRL is the holder of all intellectual property rights in the WEBSITE, i.e. in the design and the entire content of the Website, including, but not limited to logos, trade symbols, brands, images, text, etc.
  2. The User is forbidden to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any other context than the original one intended by NeverOblivion, include any Content outside the Website, remove the symbols indicating the copyright or trademark of NeverOblivion, as well as to participate in the transfer, sale and distribution of certain materials made by reproducing, modifying or displaying the Content. The activities mentioned above require the prior written and express consent of NeverOblivion.
  3. Any information existing on the Website, including any images, logos, etc., to which the User has access is subject to these Terms and Conditions.
  4. The User may copy, transfer and/or use the content of the Website only for private and non-commercial purposes and only to the extent that such purposes are not in conflict with these Terms and Conditions.
  5. No information and no content transmitted to the User by any means (electronically, by telephone, etc.) or acquired by the User by accessing and/or viewing entail any contract obligation for NeverOblivion in connection with such content.
  6. It is forbidden to use the content of the Website for any other purposes than those expressly permitted by these Terms and Conditions or by the prior written express consent of NeverOblivion.
  7. The User shall observe all intellectual property rights of NeverOblivion provided by the applicable laws. Otherwise, the User shall pay to NeverOblivion financial compensation for all damages incurred by NeverOblivion, including damages to the image of NeverOblivion caused by intellectual property infringement.
  1. REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
  1. Users may write Reviews, Comments, Questions and Answers in the sections of the Website provided for this purpose. The written information may be both positive and negative and will refer to the features and use of the Goods.
  2. Upon submitting a Review/Comment/Question/Answer to the Website, Users grant to NeverOblivion a non-exclusive, perpetual, irrevocable, and territorially unlimited license and give to NeverOblivion the right to use, reproduce, modify, remove, adapt, publish, translate, distribute and display such content.
  3. The Users undertakes to observe the following rules:
  • to refer only to the features and/or use of a specific Product, avoiding reference to aspects that are liable to change (prices or promotional offers) or any information concerning the progress of the Order or of the Contract;
  • to use only the Romanian and English language;
  • to use an appropriate, non-offensive language, free of any words that may offend or affect any other User or NeverOblivion;
  • to assure that the information they enter is realistic, accurate, not misleading, and comply with the applicable laws, thus also observing the rights of other parties, any copyright, trademarks, licenses or other property, publicity or privacy rights;
  • to use these means only to communicate or obtain additional details concerning a specific Product on the Website, without making references to other companies or brands that sell or promote the sale and purchase of goods or services;
  • not to provide or request, in any way and to any extent, personal data (contact details, information on the delivery or residence address, telephone numbers, e-mail addresses, surname and/or first name, etc.) or any other information that may result in disclosure of such personal data;
  • not to enter information and/or details on URLs (links) from other commercial websites that conduct the same business as NeverOblivion;
  • not to attempt to use fraudulently the services made available by NeverOblivion or to write Reviews/Comments/Questions/Answers that contain advertising materials;
  • not to use a Review/Comment/Question/Answer as a means to communicate with NeverOblivion; the contact details of NeverOblivion posted on the Website must be used for this purpose.
  1. When a Review/Comment is reported by a User as having an inappropriate content from a strictly subjective perspective, such content will be carefully examined by NeverOblivion to determine whether it violates the Terms and Conditions. The posted texts are removed from the Website only after they are examined by NeverOblivion.
  2. If NeverOblivion finds that a User has breached the Terms and Conditions repeatedly, NeverOblivion reserves the right to suspend the permission for the User to write Reviews or Comments on the Website.
  3. To submit any reports or complaints concerning a purchased Product, a reporting form is available to Users on the Website www.neveroblivion.ro. All reports and complaints will be solved in not more than 30 calendar days from receipt.

 

By accepting these Terms and Conditions, the User expressly confirms that all the mandatory information required by the applicable laws has been made available to him/her.

 

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GDPR

Cookie Policy

Shipping and Returns