Terms and Conditions

Date of last update: 22 January 2024

1. Definitions

The general terms and conditions set out below will apply to all sales of goods by Pai from Pai (this is the trade name of STRAW FROM STRAW S.R.L., legal person of Romanian nationality, having its registered office in Bucharest, Sector 2, DOAMNA GHICA Street, No. 5, ROOM 2, Block 3, Staircase 3, Floor 6, Ap. 107, with company registration number J40/11279/2023, unique tax registration code 48351944), via the online shop www.paidinpai.ro to the Buyer and may be changed at any time by Pai de Pai without prior notice.

Thus, the following terms will mean:

Seller – Pai from Pai.

User – any natural person who is over 16 years of age or legal entity who has access to the Site and the Content, whether or not they make an Account on the Site.

Buyer – any User who places an Order. The registration of individuals without legal capacity or with restricted legal capacity as registered Users through the Account or the placing of Orders through the Site is not allowed. The legal representatives of the aforementioned persons are liable for any and all damages caused by them.

The use of the Site and the placing of Orders on the Site by Users implies their unconditional acceptance of the Site-specific clauses in the Terms and Conditions section. The User undertakes to read these terms carefully before using the Site and/or placing Orders on the Site, and any information contained in this section shall not be the subject of a claim of non-compliance with the legal obligation to provide information.

Goods – any product listed on the Site, including the products mentioned in the Order, to be supplied by the Seller to the Buyer under the Contract.

Order – an electronic document which is a form of communication between the Seller and the Buyer, whereby the Buyer conveys to the Seller, via the Site, his intention to purchase Goods from the Site.

Contract – means the distance contract concluded between the Seller and the Buyer, through the Website, as a means of distance communication, without the simultaneous physical presence of the Seller and the Buyer, i.e. an Order confirmed by the Seller.

Basket – shopping cart – the section of the Site that allows the User, regardless of whether or not they have an Account on the Site, to add Goods they wish to purchase at the time of addition (for the User who does not have an Account on the Site) or at a later time (for the User who has an Account on the Site); if the Goods are not purchased at the time of addition by placing an Order, the Buyer/User will benefit from the service offered by the Seller to track the Goods by receiving Commercial Communications from the Seller.

Cont – the section of the Site consisting of an e-mail address and a password which allows the User who has completed the registration procedure on the Site to submit the Order and which contains information about the User (e-mail address, first and last name, delivery address/billing address, telephone number, nickname) and his/her history on the Site (Orders, coupons, etc.); the User is responsible for and shall ensure that all information entered when creating the Account is correct, complete and up-to-date.

Campaign – the act of displaying for commercial purposes a finite number of Goods having a limited and predefined stock for a limited period of time set by the Seller.

Content:

• all data and information on the Site that can be visited, viewed or accessed using electronic equipment, including articles with various information in the “Blog” section of the Site;
• the content of any e-mail sent to Users/Buyers by Pai of Pai by electronic means and/or any other available means of communication;
• any information communicated by any means whatsoever by an employee/collaborator of Pai from Pai to the User/Buyer, according to contact information, whether or not specified by the User/Buyer;
• information related to the Goods on the Site and/or the prices charged by Pai din Pai in a given period.

Nickname – a pseudonym by which a particular User/Buyer can add Content to the Site. The nickname is associated with the User’s/Buyer’s information on the Site under the name “User Name”.

Review – a written evaluation by the Buyer of a Good, written on the basis of personal experience and the Buyer’s ability to make qualitative comments and say whether or not the Good meets the specifications stated by the manufacturer.

Rating – a way of expressing a Buyer’s satisfaction with a product. The rating is expressed in stars, with each Good being rated from one star to five stars. This degree of satisfaction will always be associated with the review written by the Buyer on a Good.

Document – these Terms and Conditions.

Commercial Communications (e.g. Newsletter) – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.), containing general and thematic information, information on products similar or complementary to the ones you have purchased, information on offers, promotions, Campaigns or contests carried out by Pai in Pai in a given period, information on Goods added to the “Cart” section, as well as other commercial communications such as market research and opinion polls.

Intellectual and Industrial Property Rights – copyrights on the one hand, and inventions (patents), trademarks, industrial designs and designations of origin on the other, such as know-how, database rights, design rights, domain name registrations.

Website -online shop hosted at
www.paidinpai.ro
owned and operated by Pai of Pai, and its subdomains.

Transaction – the collection or reimbursement of an amount resulting from the sale of a Good by Pai from Pai to the Buyer, using the services of Pai’s approved card processor from Pai or by payment order or reimbursement, as the case may be, regardless of the method of delivery.

Specifications – all specifications and/or descriptions of the Goods as set out in their description.

Price – the selling price that the User sees on the page of each Good on the Site, charged by Pai of Pai. Prices of Goods on the Site are for information purposes only and are subject to change without notice. Promotions and offers presented on the Site are valid during the time period mentioned, and where no time period is mentioned, they are valid within the limits of available stocks.

2. Contract Documents

2.1. By placing an Electronic Order on the Site, the User/Buyer agrees to the form of communication (e-mail, telephone) by which the Seller carries out its operations.

2.2. For justified reasons, the Seller reserves the right to change the quantity of the Goods in the Order. If it makes a change in the quantity of Goods in the Order it will notify the User by e-mail on the e-mail address provided to the Seller when placing the Order and will refund the amount paid, if any, within a maximum of 7 (seven) days from the date on which the Seller notified the User of the change.

2.3 The Contract shall be deemed to be concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller by electronic mail of the confirmation of acceptance of the Order, referred to herein as the Order Confirmation Notice. The Seller shall at no time consider an unconfirmed Order as having the value of a Contract.

2.4. This Document and the information made available by Pai din Pai on the Site shall form the basis of the Contract.

3. Online sales policy

3.1. Access to place an Order on the Site is granted to any User / Buyer.

For justified reasons Pai din Pai reserves the right to restrict the User’s / Buyer’s access to place an Order and/or to some of the accepted payment methods, if it considers that based on the User’s / Buyer’s conduct or activity on the Site, his/her actions could harm Pai din Pai in any way, or in case of serious breach of this Document, i.e. in cases where the User / Buyer breaches the following obligations (exhaustive list):

1. the obligation to provide only accurate, current and complete data in the forms provided on the Site;
2. the obligation to use the services and functionalities made available by the Pai in Pai in accordance with the legal provisions in force, with this Document and with the good practices and principles of community life;
3. the obligation to use the services and functionalities made available by Pai from Pai in a way that does not cause inconvenience to other Users/Customers or Pai from Pai;
4. not to use the Site to provide or transfer any Content prohibited by applicable law, in particular Content that infringes the copyrights of third parties;
5. obligation to refrain from actions such as:

• submitting or posting unsolicited commercial information on the Site or posting any Content that violates the law (posting illegal content is prohibited);
• IT or other actions aimed at gaining access to information that is not intended for the User/Buyer, including the data of other Users/Buyers, or interfering with the rules or technical aspects of administering the Site and processing payment;
• unauthorized modification of the Content provided by Pai din Pai, in particular the Prices or descriptions of the Goods provided on the Site;

1. the obligation to make timely payment of the Price and other costs agreed by the User/Buyer and Pai from Pai;
2. the obligation to pick up the ordered Goods on time, using the selected method of transport and the chosen method of payment.

Restricting access is also done in the following cases:

1. more than two consecutive failed deliveries to the User/Supplier, i.e. the parcels could not be delivered due to the fault of the User/Supplier (no reply from the recipient, incorrect address, etc.);
2. more than two consecutive returns by the User/Buyer, i.e. parcels have been returned within 14 days (including refusal of receipt of parcel).

In any of these cases, the User/Buyer may contact the Seller to be informed of the reasons that led to the application of the above-mentioned measures.

3.2. Communication with the Seller may be made through direct interaction with the Seller, including through the contact form in the “contact” section of the Site or through the addresses mentioned in the “contact” section of the Site. The seller is free to handle the information received without having to justify it.

3.3. Pai from Pai may at any time run Campaigns, as defined in para. 1 above, and/or promotions in any section of the Site, without requiring Users’ consent. Spaces and the size of Campaigns and Promotions do not require Users’ consent and may be changed at any time without prior notice to Users.

3.4. All prices for the Goods presented on the Site are expressed in lei (RON) and, if applicable according to legal provisions, include VAT.

3.5. In the case of online payments the Seller is/cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing the Buyer’s card, if the currency of issue differs from RON. Responsibility for this action rests solely with the Buyer.

3.6. All the information used for the description of the Goods available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller and is used solely for presentation purposes.

3.7. 14 days after the purchase of a Good, the Buyer will be asked to submit a Review related to the purchased Good. The request will be sent to the email address registered by the Buyer in the Account or at the time of placing the Order, if he does not have an Account. In this way, the Buyer contributes to informing other potential Users/Buyers of the Site and is actively involved in the development of possible new services of Pai din Pai and in detailing as fully as possible the characteristics of the Goods.

4. Obligations of the Seller

4.1. The Seller shall use its professional and technical knowledge to achieve the result stipulated in the Order and shall deliver the Goods which meet the Buyer’s requirements and specifications expressed in the Order.

4.2. The information presented on the Site is for information purposes only and may be changed by the Seller without prior notice. Descriptions of the Goods may be incomplete, but the Seller endeavours to present the most relevant information so that the Goods are used in the parameters for which they were purchased.

5. Intellectual and Industrial Property Law

5.1. The User/Buyer understands that the Intellectual and Industrial Property Rights, as defined in para. 1 above, belongs to the Seller and will not disclose to any third party or make public any information received from the Seller.

5.2. All designs, graphics and design elements appearing on the Site, the name of the Site and graphic marks are trademarks owned by Pai of Pai, and are covered by Intellectual and Industrial Property Law, and may not be taken, copied or used without the written consent of the owner.

5.3. All content such as descriptions, designs, graphics and design elements appearing on the Site, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and/or multimedia content displayed on the Site, are the exclusive property of Pai from Pai, to which are reserved all the rights obtained in this respect directly or indirectly through licences for use and/or publication.

5.4. The User/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any of the above content in any context other than the original intended context of Pai from Pai, the inclusion of any content outside the Site, the removal of copyright notices of Pai from Pai on the content elements as well as participation in the transfer, sale, distribution of material made by reproducing, modifying or displaying the content elements, except with the express written consent of Pai from Pai.

6. Order

6.1. The User / Buyer can place Orders on the Site, by creating or not an Account, by adding the desired Goods in the shopping cart (Cart according to item 1 – Definitions), and then complete the Order by making payment by one of the methods expressly indicated. Once added to the Cart, a Good is available for purchase as long as stock is available. The addition of a Good to the Cart, in the absence of the completion of the Order, does not entail the registration of an order, nor the automatic reservation of the Good.

6.2. By completing the Order, the Buyer agrees that all data provided by the Buyer necessary for the purchase process is correct, complete and true at the time of placing the Order.

6.3. 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.

6.4. Orders are processed as soon as possible after placing them, within 3 working days after placement, Monday – Friday 10:00-16:00. In case of orders placed outside working hours, i.e. Monday – Friday after 16:00, or on weekends or on a day off according to the applicable legal provisions, they will be processed from the first working day. Processing means the confirmation or reversal of the Order by Pai from Pai.

6.5. The availability of an Asset will be displayed on the Site as follows:

• “in stock” –we have more than 3 pieces in Pai stock from Pai
• “limited stock” –we have less than 3 pieces in Pai’s Pai stock
• “in stock manufacturer/supplier” –The good is not available in Pai’s stock from Pai. If you place an Order for such a Good, one of Pai’s representatives in Pai will contact you as soon as possible to communicate the availability of the Good.
• “on order” –The good is not available in Pai de Pai’s stock and at the moment we have no information about its availability in the manufacturer’s / supplier’s stock. But, if you place an Order for such a Good, one of Pai’s representatives in Pai will check the availability of the product in the manufacturer’s / supplier’s stock and will contact you to inform you about the availability of the Good.
• “pre-order” –The good is not available in Pai’s stock nor in the manufacturer’s / supplier’s stock. But, if you place an order for such a Good, one of Pai’s Pai representatives will check the manufacturer’s / supplier’s production / supply lead time and contact you to let you know the availability of the Good.
• “out of stock” –The good is no longer available in Pai’s stock from Pai
• “currently unavailable” –we are currently unable to procure the Good because it is not in stock with the manufacturer/supplier.

6.6. 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:

6.6.1. non-acceptance by the Buyer’s card-issuing bank of the transaction in the case of online payment;

6.6.2. invalidation of the transaction by Pai’s approved card processor in case of online payment;

6.6.3. the data provided by the User/Buyer on the Site are incomplete and/or incorrect.

Right of withdrawal

6.7. In accordance with Article 9 para. 1) of the Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, as well as amending and supplementing certain normative acts, the Buyer has the right to withdraw from the Contract, i.e. to return a Good, within 14 calendar days, without giving any reason and without incurring any costs other than those directly related to the return of the Good.

The withdrawal/return period of a Good expires within 14 days of:

• the day on which the Buyer takes physical possession of the Goods which are the subject of the Order;
• the day on which the Buyer takes physical possession of the last Good – if the Buyer places a single order for multiple Goods 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.

6.8. In order to exercise the right of withdrawal the Buyer must inform us, indicating his name and surname, postal address, order code, so that it can be identified by Pai of Pai, and, if applicable, telephone number and e-mail address, of the decision to withdraw from this Contract. For this purpose, the Buyer may send any unequivocal withdrawal/return request/statement to the following Seller’s e-mail address: office@paidinpai.ro. If the Buyer makes use of this option, we will promptly send the Buyer confirmation of receipt of the withdrawal request by e-mail.

6.9. Returns will be accepted if the Goods are in the same condition as delivered, without any signs of wear, in the original packaging, with the invoice attached and complete with accessories. If the returned Good was part of a promotional campaign to provide a gift product, the product offered as a gift will also be returned with the return of the purchased Good.

6.10. If the Order is paid for, the Seller shall refund the amount (including the delivery costs paid by the consumer) within a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of its decision to withdraw from the Contract. The amount will be returned as follows:

6.10.1. for orders paid by bank card -> by refunding to the account from which the payment was made;

6.10.2 for Refunded Orders -> by return to the bank account submitted by the Buyer in the unequivocal request / declaration of withdrawal / return. The Buyer accepts that placing an Order constitutes his express agreement that, in case of withdrawal, the refund will be made by Pai de Pai by bank transfer.

6.11. If the Seller has not offered to take back the Goods himself, the Seller may postpone reimbursement until the date of receipt of the Goods which were the subject of the sale or until he has received proof from the Buyer that he has sent the Goods to a professional for dispatch, whichever is the later.

6.12. The Buyer is responsible for any diminution in value of the Goods resulting from handling the Goods other than what is necessary to determine the nature, characteristics and function of the Goods. As such, depending on the type of Goods being returned, if it is found that the actions on the Goods show signs of excessive use that may cause a decrease in value, the Goods are sent for verification to the supplier/manufacturer (in the case of Goods that are not directly produced by Pai de Pai, such as drinking straws) for confirmation/disproof of proper handling. In the case of Goods that are produced directly by Pai from Pai, confirmation/dispute of proper handling is done by Pai from Pai. Thus, the final value will be determined according to the value generated by the cost of parts to be replaced and/or labour and/or reconditioning of the Goods. The value of the returned Goods may be reduced by up to 50% of the original value, depending on the deterioration.

6.13. If a Good ordered and paid for by the Buyer cannot be delivered by the Seller, the Seller shall inform the Buyer of this fact and return the consideration for the Good to the Buyer’s account within a maximum of 7 (seven) days from the date on which the Seller informed the Buyer of this situation.

Guarantee of conformity of goods – Emergency Ordinance No 140/2021 on certain aspects of contracts for the sale of goods

6.14. Pai from Pai or the manufacturer, as the case may be, has legal obligations relating to the guarantee of conformity.

6.15. The shelf life for drinking straws produced and sold by Pai de Pai on the Site is 1 year, provided they are kept at a temperature between 20 and 25 degrees Celsius and at an optimum humidity level between 30 and 60%.

6.16. Pai din Pai shall be liable to the consumer for any non-conformity which exists at the time of delivery of the goods and which is discovered within two years of that date. Any non-conformity which is established within one year of the date on which the goods were delivered shall be presumed to have already existed at the time of delivery of the goods, unless proved otherwise or unless such presumption is incompatible with the nature of the goods or the nature of the non-conformity.

6.17. Corrective measures in case of non-compliance

In the event of non-conformity, the consumer has the right to have the goods brought into conformity, to benefit from a proportionate reduction in the price or to have the contract terminated under the conditions set out below.

In order for the goods to be brought into conformity, the consumer may choose between repair and replacement, unless the remedy chosen would be impossible or, compared to the other remedy available, would impose costs on the seller that would be disproportionate, taking into account all the circumstances, including the following:

1. the value of the goods if there had been no non-compliance;
2. the seriousness of the non-compliance; or
3. whether the alternative corrective measure could be implemented without significant inconvenience to the consumer.

The seller may refuse to bring the goods into conformity if repair or replacement is impossible or would impose costs on him which would be disproportionate, taking into account all the circumstances, including those set out in point (a). a) and b) above.

The consumer shall be entitled either to obtain a proportionate price reduction in accordance with point (a) or (b). 6.19., or to obtain the termination of the sales contract in accordance with para. 6.20., in any of the following cases:

6. the seller has not completed the repair or replacement or, as the case may be, has not completed the repair or replacement as required by para. 6.18. or the seller has refused to bring the goods into conformity according to the above provisions;
7. a non-conformity is found despite the seller’s efforts to remedy it;
8. the non-conformity is so serious as to justify a price reduction or the right to immediate termination of the sales contract;
9. the seller has stated that it will not bring the goods into conformity within a reasonable time or without significant inconvenience to the consumer or this is clear from the circumstances of the case.

The consumer is not entitled to have the contract terminated if the non-conformity is minor. The burden of proof as to the minor nature of the non-conformity lies with the seller.

The consumer has the right to suspend payment of an outstanding part of the price of the goods or part of it until the seller has fulfilled his obligations under Emergency Ordinance No 140/2021 (reproduced in this document).

Consumers benefit from the replacement of goods if their non-conformity is discovered shortly after delivery, not exceeding 30 calendar days.
After the expiry of the two-year period, consumers may claim the repair or replacement of goods which cannot be used for the purpose for which they were made because of hidden defects which have arisen during the average period of use, in accordance with the law.

6.18. Repair or replacement of goods

Repairs or replacements shall be carried out under the following conditions:

1. at no cost;
2. within a reasonable period which shall not exceed 15 calendar days from the time the seller has been informed by the consumer of the non-conformity and which shall be agreed in writing between the seller and the consumer, taking into account the nature and complexity of the goods, the nature and gravity of the non-conformity and the effort required to complete the repair or replacement;
3. without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer has requested the goods.

If the non-conformity is to be remedied by repair or replacement of the goods, the consumer shall make the goods available to the seller.

The seller takes back the replaced goods at his own expense.

Where a repair requires the dismantling of goods which were installed in a manner compatible with their nature and purpose before the non-conformity was established, or where those goods are to be replaced, the obligation to repair or replace the goods includes the dismantling of the non-conforming goods and the installation of the replacement or repaired goods or the costs of dismantling and installation.

The consumer is not obliged to pay for the normal use of the replaced goods in the period preceding their replacement.

If the lack of conformity is remedied by repair, the two-year period shall be extended by the time the goods are out of order, from the time when the lack of conformity was brought to the seller’s attention until the actual delivery of the goods in a state of normal use to the consumer.

If the non-conformity is remedied by replacement, for goods replacing non-conforming goods, the two-year period shall start to run from the date of replacement.

6.19. Price reduction

The price reduction is proportional to the reduction in the value of the goods received by the consumer compared to the value the goods would have if they were compliant.

6.20. Termination of contract

The consumer exercises his right to have the sales contract terminated by making a declaration to the seller expressing his decision to have the sales contract terminated.

Where the non-conformity relates only to some of the goods delivered under the sales contract and there is a ground for termination of the sales contract under point (a) of this Article, the contract shall be terminated. 6.17., the consumer may obtain the termination of the contract of sale in respect of those goods, as well as any other goods which the consumer has purchased together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.

Where the consumer obtains the termination of the sales contract as a whole or, in accordance with paragraph 1, the consumer is entitled to a refund, the consumer shall be entitled to a refund of the price paid. above in relation to some of the goods delivered under the sales contract:

1. the consumer returns the goods to the seller at the seller’s expense;
2. the seller refunds the consumer the price paid for the goods on receipt of the goods or proof provided by the consumer that the goods have been returned;
3. the seller reimburses the consumer the amount of money in accordance with lit. b) using bank transfer to the consumer’s account, the consumer agreeing to this method of payment by accepting this Document, without the consumer being charged any fees following reimbursement.

7. Goods for which the right of withdrawal is not ensured

7.1. The following are exempted from the right of withdrawal from the Contract:

1. the supply of Goods whose price depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;
2. supply of Goods made to the specifications submitted by the Buyer or clearly personalised – ATTENTION! Please be aware that there may be situations where Goods ordered are made to your specifications, which means they cannot be returned;
3. the supply of Goods which are likely to deteriorate or expire rapidly (by way of example, but not limited to juices and other foodstuffs etc.);
4. the supply of sealed Goods which cannot be returned for health protection or hygiene reasons and which have been unsealed by the Buyer (by way of example, but not limited to cosmetics, intimate hygiene products and products which come into contact with human mucous membranes: drinking straws, mouthwash, toothbrushes, etc.) – WARNING! Please note that most of the Goods sold by Pai from Pai on the Site fall into this category and cannot be returned, in particular drinking straws which are produced and sold by Pai from Pai and to which the seal is placed directly on the box in which the straws are packaged, and the opening of the box represents the unsealing of the Goods;
5. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.

8. Rights to Site Content

8.1. All Site content and graphics, including but not limited to all content in text format, as well as the technical sources of all present and future services and facilities – unless another owner is expressly mentioned – page sources and any other material, transmitted in any form to Users (by direct viewing on the Site, by newsletter, etc.) belong to Pai from Pai.

8.2. The content of the Site, regardless of the area in which it is located on the Site and regardless of type, may be used by Users solely for personal purposes. Any use of content by Users or any third parties for purposes other than personal use may only be made with the express prior written consent of Pai de Pai.

8.3. It is therefore prohibited to copy, take over, reproduce, publish, transmit, sell, distribute in part, in whole or in part, or modify the content of this Site or any part thereof for any purpose other than personal use, with the following exceptions:

(i) it is allowed to reproduce (on non-commercial websites, forums, press articles, etc.) small fragments of articles published on the Site (max. 250 characters), it being mandatory to specify the source of the information taken, with a link, in the following form: Source: site name – link to the content of the Site.

(ii) links to www.paidinpai.ro are permitted and the source of the information shall be specified after each link or at the end of the article as follows: “Information provided courtesy of Pai from Pai – link to the content of the Site”.

8.4. Users agree to respect all copyrights and all rights related thereto and any other intellectual and industrial property rights that Pai de Pai and its partners, if any, hold in/on the Site.

8.5. Pai din Pai reserves the right to take legal action against any person and/or entity that violates in any way both the above provisions and those of para. 5 of this Document. Requests to use the content of the Site for any purpose other than personal use may be made by e-mail to office@paidinpai.ro, with the specification “To the attention of the Agency”.

8.6. Any person who transmits or publishes in any way information or materials to the Site undertakes not to infringe in any way the copyright that a third party may claim in relation to the materials and information transmitted in any way to the Site, and persons who send in any way information or materials understand and accept that the violation in any way of this obligation can in no way engage the liability of Well of Pai, but only the responsibility of the persons concerned.

9. Limitation of liability of the Site administrator

9.1. Pai from Pai, as administrator of the Site and within the limits of applicable law, does not assume any obligation or guarantee, implicitly or expressly, for the content of the Site, including but not limited to the articles with various information in the “Blog” section, or for the content provided by its partners or by the Users of the Site. However, Pai from Pai will use all reasonable efforts to ensure the accuracy and professional manner in which information is provided on the Site in order to gain and maintain Users’ trust in the Site. In this respect, Pai din Pai will try to correct the errors and omissions reported as soon as possible.

9.2. To the extent permitted by applicable law, Pai from Pai, makes no warranties of any kind for the content of the Site and in no event shall Pai from Pai be liable for any loss or damage whatsoever resulting from the use of any part/section/page of the Site, including but not limited to the articles with various information in the “Blog” section, or from the inability to use it, regardless of the cause thereof or from the misinterpretation of any provisions of the content of the Site.

9.3. The information provided through the Site, including but not limited to articles with various information in the “Blog” section, is provided in good faith from sources believed to be reliable. If any of the published articles, including but not limited to those in the “Blog” section, or any other information falls under copyright law, please contact us at office@paidinpai.ro, so that we can take appropriate action. Users should also be aware that the information provided may include inaccurate information (e.g. technical data or typing errors). Pai din Pai will make every effort to correct these issues as soon as possible.

9.4. Users understand and accept that Pai de Pai does not guarantee:

• that the information contained on the Site is fully complete;
• that the information entered by Users of the Site is true, accurate and assumes no responsibility for the way Users use it;
• that the information or services on the Site will meet all Users’ requirements, and that Users assume full responsibility for any improper use thereof;
• for the results obtained by Users as a result of the use of information or services available through the Site, the use of information and services being made by Users at their own risk;
• that the services available through the Site will operate constantly, uninterrupted, error-free – in this respect, Pai from Pai accepts no responsibility for any damage that Users may suffer as a result of the temporary or faulty functioning of the Site or for the use of information obtained through the use of links on the Site to other sites (their use is at the Users’ discretion).

9.5. Users also understand and agree that Pai din Pai is not responsible for any inadequacies, errors or omissions in the information provided on the Site by Users, including but not limited to the information in the Reviews. At the same time, Users understand and accept that Pai din Pai is absolved of any liability for advertising messages posted on the Site or through the services offered through the Site, if any, as well as for goods or services provided by the authors of these advertising messages. Users of the Site expressly agree to hold Pai of Pai harmless for any judicial or extrajudicial action arising out of the misuse or fraudulent use of the Site.

9.6. Users agree, within the limits of applicable law, to protect and secure Pai de Pai and/or its collaborators, associates, administrators, employees and any other representatives from and against any claims, demands, actions, levies, losses, damages, costs (including, without any limitation, attorneys’ fees, stamp duties), expenses, judgments, decisions, fines, settlements or other liabilities arising out of or in connection with any other action of Users in connection with the use of the Site or the services offered through it.

9.7. Within the limits provided for by applicable law, Pai from Pai makes no warranties, either express or implied, as to including, but not limited to, the operation of the Site, the Content, materials or products on the Site, except as produced by Pai of Pai, and their fitness for a particular purpose. Users expressly agree that use of this Site and application of the information is at their own risk.

10. Commercial Communications

10.1. The Buyer/User may at any time change his/her choice regarding the consent given to the Seller for Commercial Communications containing general and thematic information including information on offers or promotions (e.g. newsletters), as follows: either (i) with a single click on the unsubscribe link in the Commercial Communications (e.g. the unsubscribe link displayed in the e-mail containing the newsletter), or (ii) by contacting Pai from Pai, either (iii) by modifying the Account settings in the “My Subscriptions” section for those who have an Account on the Site.

10.2. By adding Assets in the section under Account:

“Basket“, the Seller will send the Buyer/User Commercial Communications regarding:

• when changing the price of Goods added to the “Cart” section,
• to recommendations of Goods similar to those added in the “Cart” section,
• the existence of Goods in the “Basket” section, and
• availability in stock of the Goods added in the “Cart” section.

10.3. Following the purchase of a Good, the Seller will send the Buyer Commercial Communications regarding suggestions of recommended Goods to be used in conjunction with the purchased Good.

10.4. Given that access to the Goods marketed through the Site is also through an active Account on the Site, therefore based on a user name (user) and a password, we recommend that Users/Buyers do not disclose these elements to third parties, even if they claim to contact you on behalf of Pai from Pai.

10.5. Also, in order to ensure a higher level of security, at the end of your visit to the Site we recommend closing the browser window in which you were working or clicking on “Sign out”/”Log off” on the page you visited.

11. Invoicing and payments

11.1. Price, payment method and payment deadline are specified in the Order. The Seller shall issue an invoice to the Buyer for the Goods delivered, the Buyer being obliged to provide all the information required to issue the invoice in accordance with applicable law.

11.2. If the Buyer has an Account, in order to correctly communicate the invoice related to the Order, the Buyer is obliged to update the data in his Account whenever necessary and to access the information and documents related to each Order existing in the Account.

11.3. By submitting the Order, the Buyer agrees to receive invoices in electronic format via electronic mail to the e-mail address specified at the time of placing the Order, if he does not have an Account on the Site, or in his Account, if he has an Account on the Site.

11.4. Payment can be made online at the time of placing the Order on the Site by bank card through the Netopia Payments system or in cash on delivery, there is a maximum order limit of 10,000 RON for individuals and 5,000 RON for legal entities for cash payments and an additional transport fee for the reimbursement system mentioned in the section Delivery and Payment on Site.

11.5. The User’s / Buyer’s payment card data will not be accessible to Pai from Pai and will not be stored by Pai from Pai, but by the payment processor integrated into the Site, an entity authorized to provide card identification data storage services, of whose identity the User / Buyer will be informed, prior to entering the data.

The payment processor integrated into the Site by Pai din Pai is NETOPIA FINANCIAL SERVICES S.R.L., registered with the Trade Register under no. J40/12763/2020, unique registration code RO43131360, with registered office at Bd. Dimitrie Pompeiu 9-9A, IRIDE BUSINESS PARK, Building 24, 4th floor, Sector 2, Bucharest, 020335.

11.6. For Transaction security reasons the User / Buyer who has an Account is advised not to remain logged in to the Site and not to set the auto-login option on mobile devices. Disclosure of the password to the Account is not permitted and it is recommended that a strong security password is used (e.g., it must contain at least eight characters, including uppercase letters, lowercase letters, digits and special characters).

11.7. We may use as secondary shipping packaging, to ensure the transport of the Goods already packed in the original/primary packaging, packaging recovered and reused from our related activities or from third parties for recycling/reuse and cost optimisation in terms of packaging the Goods for transport.

12. Responsibilities of the Seller and User/Buyer

12.1. The Seller shall, within the limits of applicable law, release itself from the risks and liabilities associated with the Goods at the time of their delivery to the courier company with which the Seller collaborates or to the Buyer’s representative, if any.

12.2. The Seller shall not be liable for damages of any kind which the Buyer or any third party may suffer as a result of the Seller ‘s performance of any of its obligations under the Order and for damages resulting from the use of the Goods after delivery and in particular for loss thereof. The Seller shall be liable if its subcontractors and/or partners of any kind involved in the performance of the Order fail to perform any of their contractual obligations.

12.3. The Seller assumes no responsibility for the descriptions of the Goods presented on the Site. Images are shown on the Site by way of example and the Goods delivered may differ from the images and descriptions displayed on the Site in any way due to changes in features and design without prior notice to the User/Buyer. The Seller reserves the right to supplement and amend any information on the Site without prior notice to the User/Buyer.

12.4. The Seller does not guarantee the availability in stock of the Goods displayed on the Site, and therefore shall have the right not to deliver part or all of an Order if certain Goods are no longer in its current offer or are not available at that time. All this information will be communicated to the person who placed the Order on the Site.

12.5. If prices or other details relating to the Goods have been incorrectly displayed on the Site, including because they have been incorrectly entered into the Seller’s database, Seller reserves the right not to confirm the Order for the Goods in question or, if the Order has already been confirmed and delivery has not yet been made, to cancel the delivery of the Goods in question and to notify the User/Buyer as soon as possible of the error.

12.6. The Seller shall not be liable for any damage caused by the non-functioning of the Website or for damage resulting from the impossibility of accessing certain links published on the Website.

12.7. The maximum amount of the Seller’s liability to any Buyer who is a legal entity in the event of non-delivery or improper delivery shall be the amount of the sums received by the Seller from that Buyer.

12.8. The goods sold on the Site, produced under the brand Pai from Pai, are intended for personal use (e.g. in one’s own household, in the commercial activity of a restaurant / bar serving drinks to its customers, etc.), and their resale by Users / Buyers is strictly prohibited.

12.9. By creating and using the Account, the User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his/her Account.

12.10. By creating the Account and/or using the Content and/or placing Orders, the User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated on the Site, existing at the date of creating the Account and/or using the Content and/or placing the Order.

12.11. The Buyer understands that he/she is purchasing a hand-cut natural product from the Site, in general the length of the product may vary by ±1cm from the indicated length, and the diameter of the product is approximate (for wheat straw for example, the diameter is generally between 3 and 6mm).

13. Delivery of Goods

13.1. The terms of delivery of Goods sold by Pai from Pai are detailed in the Delivery and Payment section of the Site.

13.2. Pai din Pai will deliver the Goods only on Romanian territory.

14. Transfer of ownership

14.1. Title to the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the order (meaning delivery – signature of receipt of the transport document provided by the courier or signature of receipt on the invoice in the case of deliveries made by the Seller’s staff, if applicable).

14.2. In the case of delivery by courier, the courier is not authorised 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 delivery charge.

15. Writing Reviews

15.1. Users can write reviews in the “Reviews” section. The information entered can be both positive and negative and will relate to the characteristics and use of a product.

15.2. At the time of writing a particular Review on the Site, Users/Buyers grant the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited license and give the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content.

15.3. Users/Buyers must comply with the following rules regarding writing a Review on the Site:

• refer only to features and/or use of a particular product;
• to use only Romanian;
• to use appropriate language, without offence, without terms that may offend or harm any other User/Buyer;
• to convey information that is factual, accurate, not misleading and in accordance with applicable laws, including respecting the rights of other parties, copyright, trademark, licensing or other proprietary or publicity rights;
• not to write information and/or details of URLs (links) from other commercial sites carrying out the same commercial activity as Pai from Pai;
• not to write Reviews containing material of an advertising nature;
• not to use the Review as a means of communicating with the Seller, in this respect the Seller’s contact details on the Site will be used.

15.4. In addition to a critical realistic rating, the Buyer will also add a relevant Rating for the related Good when entering a Review. Reviews, together with their corresponding Ratings, will influence the overall Rating of the Good, a number that appears in brackets next to their title. Thus, a Review accompanied by a high Rating leads to an increase in the overall Rating and a Review accompanied by a low Rating leads to a decrease in the overall Rating.

15.5. When a Review is flagged by a User/Buyer as having inappropriate content, from a strictly subjective perspective, such content is carefully reviewed by Pai from Pai to determine whether it violates this Document. Texts entered are removed from the Site only after examination by the Pai in Pai.

15.6. If Pai din Pai finds repeated violations of this Document, it reserves the right to suspend the User/Buyer’s ability to submit Reviews on the Site.

Any complaints/complaints relating to the Goods purchased by the Buyers shall not be subject to any Review, and the Buyers shall comply with the provisions of Chapter 17 below for the prompt and amicable resolution of any such complaints/complaints.

16. Force majeure

16.1. Neither party shall be liable for non-performance of its contractual obligations if such non-performance is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided. Force majeure events include, but are not limited to, malfunctions of the technical equipment of the Pai from Pai, non-functioning internet connection, non-functioning telephone connections, computer viruses, unauthorized access to the Site’s systems, operating errors, war, natural disasters, decisions by local and/or central public authorities to suspend/terminate activity, etc.

16.2. In the event of a force majeure event, Pai of Pai and/or its collaborators, associates, administrators, employees and any other representatives are totally exonerated from any liability.

16.3. If within 15 (fifteen) days from the date of the occurrence of the Force Majeure Event, the Force Majeure Event does not cease, each party shall have the right to notify the other party of the termination of the Contract without either party being entitled to claim damages against the other party.

17. Applicable law. Jurisdiction. Complaints and enquiries. Alternative Dispute Resolution (ADR/SOL)

17.1. This document is subject to Romanian law. In the event of any disputes arising between Pai from Pai and Users / Buyers, an attempt will first be made to resolve them amicably. This chapter and the procedure below are a proof of the Seller’s willingness to settle quickly, efficiently, amicably, alternatively, extra-judicially, the complaints/claims/litigations to which it is a party, using all legal mechanisms and measures applicable in Romania.

17.2. With regard to the purchased Good, Buyers have the possibility to send a complaint by e-mail to the following address: office@paidinpai.ro. Pai din Pai will resolve complaints / referrals within a maximum of 30 calendar days from the date of receipt.

If Buyers:

• do not receive a response from Pai within 30 days; or
• receive a response from Pai de Pai beyond this deadline; or
• are dissatisfied with the way Pai din Pai has responded to the referral/complaint;

may use the alternative dispute resolution (ADR/SOL) procedures set out below and then apply to the competent courts under point (a). 17.7 below.

17.3. ADR is an alternative mechanism to the court system, whereby consumers are offered the possibility of resolving potential disputes when faced with a problem related to the purchase of a Good. Thus, complaints or claims against traders will be submitted voluntarily by consumers and will be dealt with in an independent, impartial, transparent, fast and fair way. Access to this alternative means of redress can be done either online as per point. 17.5. below, as well as by traditional methods, on paper or on another durable medium according to item. 17.4. below.

17.4. For alternative dispute resolution, the Buyer’s complaint/complaint may be submitted in writing directly to The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection with the following contact details: address – Bucharest, Aviatorilor Boulevard no. 72, sector 1, postal code 011865, tel. – 021.307.67.69, fax – 021.314.34.62, e-mail – dsal@anpc.ro. The Alternative Dispute Resolution Directorate of the National Authority for Consumer Protection is competent to resolve national and cross-border disputes arising from sales or service contracts concluded with a trader operating in Romania and is included in the list of ADR entities at European level, available at the following link:
https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2
“. For even more details, Buyers can access the links displayed on the Site in the sections: ANPC and ANPC – Alternative Dispute Resolution.

17.5. In view of the provisions of Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC, the Buyer has the possibility to opt for out-of-court settlement of any disputes, also by using the European online dispute resolution platform (SOL platform)a digital tool created by the European Commission to facilitate independent, impartial, transparent, effective, rapid and fair out-of-court dispute resolution for disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the European Union and a trader established in the European Union. For this purpose, you can access the link on the Site in the section: Online dispute resolution.

17.6. ADR and SOL are not two different mechanisms for dealing with possible complaints/complaints. The Buyer understands that alternative dispute resolution and online dispute resolution exist as a single mechanism, representing one and the same instrument, and that their purpose, object and purpose are identical. The purchaser understands that the distinction between ADR and SOL is represented by the way of accessing / the initial format of the complaint/complaint, so that for ADR the form of address of the consumer is a classic type, in writing (by email, by post), and for the SOL the consumer opts to use an existing form on a digital, online-only platform.

17.7. In the event that an amicable or alternative settlement of the complaints/claims/litigations is not possible, or the parties do not reach an agreement, they will be settled by the competent Romanian courts of the Seller’s headquarters, respectively in Bucharest.

18. Use of Cookies

See Cookie Policy, which forms part of this Document.

19. Processing of personal data

See Privacy Policy on the processing of personal data, which forms part of this Document.

20. Privacy

20.1. Pai din Pai will keep confidential the information of any nature you provide. Disclosure of the information provided may only be made under the conditions set out in this Document.

20.2. No public statement, promotion, press release or any other disclosure to third parties shall be made by the User/Buyer with respect to the Order/Contract without the prior written consent of the Seller.

20.3. By submitting information or materials through the Site, you grant Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, for its own purposes, such information, ideas, concepts, know-how or techniques that you have submitted to us through the Site. Pai from Pai will not be subject to any obligations regarding the confidentiality of the information sent, unless otherwise specified by the legislation in force. In addition, see point. 15.2. above on Reviews.

21. Modification of the Site Terms and Conditions

Pai from Pai has the right to modify at any time and in any manner any of the provisions contained in the Terms and Conditions or the Terms and Conditions in their entirety, to reflect any changes in the manner and conditions of operation of the Site or any changes in legal requirements, without any prior notice and without being obliged to perform any other formality towards Users/Buyers. The document is enforceable against the Users / Buyers from the moment it is displayed on the Site. Thus. any modification is fully and unconditionally accepted by the Users/Buyers of the Site by simply using or accessing the Site or any facility offered by the Site, at any time after the modification has been made, and failure to accept any modification entails the obligation of the respective User/Buyer to immediately cease accessing the Site and/or using in any way the services offered through it.