The General Commercial Terms and Conditions of Micronix Plus SRL
valid since July 25, 2022
This document contains the general terms and conditions by which the company MICRONIX PLUS SRL (hereinafter referred to as MICRONIX) with its registered office in 1, 1 Mai street, Otopeni, ILFOV County, having the unique tax registration code RO7996366, registered at the Trade Register under the number J23/2708/2007, agrees to sell its products to customers, natural persons over the age of 16 or any legal entities (hereinafter referred to as CUSTOMER or CUSTOMERS).
Sales of products by MICRONIX are governed exclusively by these "General Terms and Conditions", any other document such as notes, catalogues, data sheets, etc. provided by MICRONIX are provided for informational purposes only.
Except where other conditions are established between MICRONIX and the CUSTOMER, any order placed with MICRONIX implies the full acceptance by the CUSTOMER of the general commercial terms and conditions stated in this document.
MICRONIX's General Terms and Conditions shall prevail over other CUSTOMER terms and conditions.
MICRONIX reserves the right to modify this document without prior notice.
2. DEFINITIONS and TERMS
Customer – any natural person over the age of 16 or any legal entity who wishes to purchase/buy a product from MICRONIX.
Account – the section of the WEBSITE that contains information about the CUSTOMER (name, billing address, delivery address, phone, email, etc.). Access to the account is based on the introduction of the username/email address and password. The CUSTOMER is solely responsible for the correctness of the data provided. MICRONIX reserves the right to cancel orders containing incorrect or incomplete data!
Personal data - MICRONIX collects and processes the personal data of Customers for the purpose of fulfilling the contractual relationship (selling products, providing services, etc.), but only if the data subject has expressly given his consent, i.e. through the Account opened by Customer on the website, by accepting the provision of the email address for receiving information through automated marketing platforms, by completing the MICRONIX document accepting the provision of personal data, etc.
Force majeure – an event beyond the will of the parties, which is not due to their fault or exclusive fault, which could not be foreseen at the time of the conclusion of the contract and which makes impossible the execution and fulfilment of the contract, respectively; the following events are considered: wars, revolutions, fires, floods or any other natural catastrophes, restrictions arising as a result of a quarantine, embargo, the enumeration not being exhaustive, but enunciative. An event like the above which, without creating an impossibility of execution, makes the execution of the obligations of one of the parties extremely expensive is not considered force majeure.
Supplier – manufacturer, seller, etc. which sells to MICRONIX a product intended to be marketed.
Product – all products that are marketed by MICRONIX.
Day – calendar day; year – 365 days;
3. TRADEMARKS and PROPRIETARY SITES
The following trademarks are owned by MICRONIX: Micronix, MeterLand, GuardIR
MICRONIX owns the following websites: www.micronix.ro, www.termoviziune.ro, www.meterland.ro, www.gp-models.eu and www.micromodele.ro. Only www.micromodele.ro; www.gp-models.eu and www.meterland.ro are e-commerce websites, the rest of the websites are only for product presentation!
4. OFFERS and ORDERS
4.1 The characteristics of each product sold by MICRONIX are those specified by the Suppliers and are valid on the date of making the offer to the CUSTOMER. Catalogues, data sheets, websites, etc. of the Suppliers and/or of MICRONIX include information for informational purposes only! Product features may change due to their evolution, while production for some products may cease, MICRONIX's recommendation is to always request an updated offer before ordering a product. MICRONIX is not responsible for any printing/display errors.
4.2 The availability of the products offered by MICRONIX is only valid at the time of sending the offer and there may be changes at any time until the order is confirmed. The delivery time for products that are not in MICRONIX stock at the time of receipt of the order, mentioned in the offer and/or order confirmation, is given as an estimate based on the information received from the Supplier. This term is subject to change without incurring any liability on the part of MICRONIX.
4.3 The general validity of an offer is 30 days from the date of its submission, unless otherwise stated in the offer. After the expiry of the validity period, MICRONIX has the right to refuse the order or to change the prices and/or commercial conditions previously offered. The offers sent by MICRONIX are valid only for the product package offered in the mentioned quantities!
4.4 The responsibility of choosing a product is entirely that of the CUSTOMER.
4.5 Orders must be sent in writing (email, fax, letter, etc.) or by means of the order forms issued by the sites owned by MICRONIX. They must include the identification data of the products (code, description), the quantity ordered, the unit price, the identification data of the CUSTOMER, the reference number of the offer. If the order issued by the CUSTOMER includes fewer products and/or if the quantity ordered is lower than the one offered, the order is cancelled and a new offer will be sent to the CUSTOMER for the types of products/quantity in the order. Orders become final only after their confirmation by MICRONIX.
4.6 The CUSTOMER is responsible for informing MICRONIX in writing, at the time of placing the order, if the identification data has changed since the last order, otherwise the previously existing data in the MICRONIX database will be used for invoicing.
4.7 Orders for products not in MICRONIX stock cannot be cancelled under any circumstances.
4.8 Products in MICRONIX's stock will be reserved for a maximum of 5 days from the date of transmission of the order. By way of exception, the period can be extended only if the ordered products have been paid in full, otherwise the order will be cancelled automatically, without prior notification.
5. PRICES and PAYMENTS
5.1 The prices of the products are set by MICRONIX in the submitted offer and they will remain the same throughout the validity period of the offer, according to art 4.3.
5.2 For prices offered in another currency, for products delivered in Romania, invoicing will be done in LEI (RON) at the exchange rate communicated in the offer.
5.3 Unless otherwise stated in the offer, prices are valid for ExWorks (ex-MICRONIX) delivery condition. Shipping, cargo insurance and other import/export charges etc. are the responsibility of the CUSTOMER, except in cases where other contractual conditions have been established!
5.4 Payment of the ordered products is made before delivery, except in cases where other payment conditions have been established.
5.5 If the ordered products are not in MICRONIX stock, the CUSTOMER will be required to pay an advance between 30% and 100% of the total value of the ordered products, depending on their value, followed by the remaining part of the payment (if applicable), up to 100 %, to be paid before their actual delivery to the CUSTOMER. If the CUSTOMER does not pay the rest of the payment up to 100% of the value of the ordered products within a maximum of 30 days from the transmission of the information that the products are in stock and ready for delivery, the amount paid in advance will be retained as interest damages and the CUSTOMER must make a new order to take possession of the requested products, under the conditions to be communicated later.
5.6 Payments can be made in cash within the legal limit at the MICRONIX headquarters, cash on delivery, by bank card at the MICRONIX headquarters or on MICRONIX-owned websites that allow online payment by card, PayPal, by bank transfer (OP) or through a payment bank instrument (cheque or money order) confirmed by the issuing bank. All bank charges are the responsibility of the CUSTOMER!
5.7 The standard penalties, if the payment of the products was not made on time, are 0.2%/day of the total payment amount, except in cases where other conditions have been established.
5.8 If a certain payment term has been established and it has been exceeded, in addition to requesting payment of the due penalties, MICRONIX will no longer accept payment on time for future orders, only 100% advance payment being accepted.
6. DELIVERY and RETURN OF PRODUCTS
6.1 Packages are generally dispatched within 1-2 working days (if the products are in MICRONIX stock) of receipt of funds in the account, if delivery is by cash on delivery or if online/PayPal card payment has been authorised, and are dispatched via -a courier suggested by MICRONIX and chosen by the CUSTOMER (only couriers who pick up the products directly from the MICRONIX headquarters are accepted and there is the possibility of tracking the delivery). If you prefer delivery by another courier and/or you want other shipping conditions accepted by the courier company (example: delivery on Saturday, delivery with package opening, delivery on the same day, delivery by a certain time, etc.), an additional cost will be applicable. To find it out, please contact us directly. We do not accept delivery or receiving parcels by post!
6.2 The cost of handling the products is a minimum of RON 30 for each package, provided that it has dimensions below 40x20x20 cm (or volumetric equivalent of 0.016 m3) or weight below 2 Kg and it may vary depending on the total weight and/or dimensions of the packages and/or of special delivery conditions. We suggest that you group all of your items into one order, otherwise each order will be treated separately and separate handling/shipping charges will apply. The risks related to the delivery fall under the responsibility of the CUSTOMER at the moment he takes physical possession of the package. The boxes are generously sized and your items are well protected, but this does not exclude the possibility of damage during transit. If you receive a parcel and it shows signs of impact or damage (including resealing), it is necessary to notify the courier immediately and mention this on the receipt document, any other subsequent complaints will not be taken into account!
6.3 The general condition of delivery of the products is ExWorks (exiting the MICRONIX company building).
6.4 Complaints can be made within a maximum of 3 days from the date of receipt, any subsequent complaint not being taken into account!
6.5 The CUSTOMER has the right, within a maximum of 14 days from receiving the ordered products, to notify in writing of his decision to give up the ordered products, with the exception of those that cannot be accepted for return, according to the legislation in force (personalized products , products brought to order, etc.). Only notifications received directly on the website (in the CUSTOMER ACCOUNT), by email or letter will be considered. Products shipped for which prior notification has not been sent will not be accepted. The return can only be made by courier or personally at the company's headquarters and not by post!
6.6 Returned products must be in the same condition as when received, in the original manufacturer's packaging, with all labels intact, all accessories included and accompanied by a copy of the invoice and proof of payment. Returned products will be evaluated upon receipt and if there are any defects (other than those reported in writing upon receipt of the product by the customer), lacks, physical changes, unauthorized interventions, knocks, chips, scratches, traces of use, etc. the CUSTOMER will be informed of the cost necessary to bring the product to the condition in which it was delivered (only if it can be brought to the original condition), which cost will be deducted from the amount to be refunded!
The value of products sold through e-commerce platforms will be reduced by a minimum of RON 30 /package, representing the handling/courier expenses.
For the products accepted for return, MICRONIX has the obligation to return the value of the ordered products to the CUSTOMERS, natural persons, within 14 days of receiving and accepting them for return. The CUSTOMER will directly bear the cost of return shipping! Refunds can only be made by bank transfer or PayPal (in the case of payments made via PayPal). If the product cannot be returned to its original state (example: models), the return of the product is not accepted! Models, or any product in this category, cannot be repaired/refurbished, including the packaging in which it was delivered by the manufacturer, which is an integral part of the product!
The following products cannot be returned:
- Products ordered by any method and picked up directly from the office (before picking up the products, a check will be made of the functioning/integrity of the products).
- Products purchased by legal entities (companies, PFA, foundations, non-profit societies)
- Products brought to order.
- Products with missing or damaged manufacturer's packaging.
- Software products or any product delivered electronically, including those with licenses or with activated configuration;
- Products whose consumables have been unsealed;
- Products that are configurable and have already been configured, given that the product cannot be reset;
- Products that have been assembled and/or used, and cannot be restored to their original state;
- Products with defects, other than those reported in writing, within a maximum of 3 days after receiving the products by courier;
- Products that are not accompanied by a copy of the invoice.
6.7 The amount refunded following the return will be the amount that was paid by the customer, from which the cost of handling/courier expenses mentioned in the invoice will be deducted.
6.8 Products that are sealed upon delivery can be returned, but 10% of the value of the sealed product will be retained, given that the product can no longer be returned to its original state (sealed) and can no longer be sold as a new, sealed product.
6.9 For orders paid in cash, by card online or at the MICRONIX headquarters, the amount will be returned to the bank account, within 14 days of receiving and accepting the returned products.
6.10 THE TRANSFER OF OWNERSHIP of the products is made only after their full payment.
6.11 MICRONIX PLUS S.R.L. may refuse to cooperate with consumers who have attempted to defraud or have defrauded the company MICRONIX PLUS S.R.L., who have abused the right to cancel the purchase, who used inappropriate language, who caused damage to the company and/or who failed to honour the financial obligations for a period longer than 30 days from the deadline provided in the agreement between the parties. Their notification will be made prior to the imposition of restrictions on the sale of products or services.
7.1 The products sold by MICRONIX, with the exception of products sold in SH condition (Second Hand – used), benefit from warranty conditions according to the legislation in force. The products sold are new (except for SH) and are delivered in the original packaging from the Suppliers.
7.2 For most products, warranty certificates are issued by MICRONIX, but there are exceptions where the warranty is provided directly by the Supplier and not by MICRONIX.
7.3 Repair of products during the warranty period is free. The cost of transport to/from the accredited service facility is borne by the CUSTOMER.
8. CONFIDENTIALITY. PERSONAL DATA PROCESSING (DGPR). INTELLECTUAL PROPERTY.
8.1 MICRONIX requests the following data from natural person customers: name, billing address, delivery address, personal identification number, personal identity document number (only if expressly provided by a legal provision), email address and telephone number, only for the purpose of fulfilling contractual duties. We reserve the right to cancel orders containing incomplete or wrong data! MICRONIX undertakes to respect the confidentiality and security of personal data, not to process and not provide information to third parties without the written consent of the persons concerned, unless there is a legal obligation to report to various public authorities, to respect and apply the provisions of EU Regulation no. 2016/679 (GDPR). Any changes to these privacy rules will be posted at the MICRONIX headquarters and on the sites owned by MICRONIX PLUS on which personal data is collected at least 10 days before their implementation.
8.2 MICRONIX will use email addresses to respond to requests received from Customers, to send communications about news, special offers and events that will be organized (newsletter information) only to people who have confirmed their agreement to receive this information through platform used by MICRONIX for this purpose. You can unsubscribe at any time by simply clicking on the UNSUBSCRIBE link at the bottom of each newsletter email.
8.3 According to the applicable legal provisions, the natural person Customers benefit from the right of access, the right to rectification, the right to delete data, the right to restrict processing, the right to data portability, the right to opposition and the automated individual decision-making process.
8.4 MICRONIX continuously updates the security of its owned websites and communication media, but does not guarantee that they may not have viruses or other harmful components at any given time, without the knowledge of MICRONIX.
8.5 Information of any kind provided by MICRONIX is based on data received from Suppliers, therefore MICRONIX assumes no responsibility and cannot be held responsible for damages arising from the use of information or products purchased through MICRONIX-owned sites, directly or indirectly. Product images published by MICRONIX in any medium are for informational purposes only and the final product may differ!
8.6 The content of communications of any kind (email messages, price offers, contracts, etc.) between the CUSTOMER and MICRONIX includes confidential and legally protected information, property of MICRONIX. Disclosure, copying, distribution of the information contained or initiation of any action based on it is strictly prohibited without the written consent of MICRONIX and will incur legal liability.
8.7 The property rights for the products/trademarks registered by the Suppliers belong to them, including (but not limited to) logos, sketches, symbols, images, texts, films, etc. according to law.
9.1 The CUSTOMER and MICRONIX will make every effort to resolve amicably, through direct negotiations, any misunderstanding or dispute that may arise between them regarding the product(s) ordered by the CUSTOMER. If, after 15 days from the start of these negotiations, MICRONIX and the CUSTOMER fail to amicably resolve the differences related to the ordering/purchase/delivery of one or more products, each may request that the dispute be resolved by the courts in whose territorial constituency the MICRONIX headquarters is located.
9.2 Applicable laws: according to Romanian legislation.
9.3 The language governing the communication between the CUSTOMER and MICRONIX is Romanian. Any communication between CUSTOMER and MICRONIX shall be in writing. By exception, the communications can also be done by phone, email or directly on the sites that allow this, provided that their receipt is confirmed in writing.
10. FORCE MAJEURE
10.1 Force majeure is ascertained by a competent authority.
10.2 The fulfilment of obligations by MICRONIX may be suspended during the period of force majeure, but without prejudice to the rights that were due to the parties until its occurrence.
11. FINAL PROVISIONS