Terms and conditions

2.1. By registering an Order on the Site, the Buyer agrees with the means of communication (telephone or email) through which the Vendor operates.

2.2. Notice received by the Buyer, after placing the Order which has information purposes and does not represent an acceptance of the Order. This notice is to be made via email or telephone.

2.3. For justifiable reasons, the Vendor reserves the right to modify the quantity of Goods and or Services in the Order. If this is done, the Buyer will be notified via email or telephone communicated to the Vendor at Order placing, and will return the money.

2.4. A contract is considered valid from the moment the Buyer received via email or SMS from the Vendor a notice that the Order is sent.

2.5. For Orders that are to be delivered to the Big Weld showrooms or delivery points, pricing and reservations on Goods and Services are valid for 72 hours from the moment the Buyer has placed an Order.

2.6. Documents and information made available by the Vendor on the Site will form the basis of the contract, which is further reinforced by the Warranty emitted by the vendor or it’s supplier for the bought Goods.

3.1. Access for Order placing is allowed for any Client/Buyer

For justifiable reasons Big Weld reserves the right to restrict the Client/Buyer when Ordering and on Payment if Client/Buyer conduct or webSite activity could bring prejudices to Big Weld. In any such case the Client/Buyer can contact the PR department of Big Weld, in Order to find out the reasons that lead to such measures.

3.2. Communication with Vendor can be made by direct means or by the contact details mentioned in the Contact section on the webSite. The vendor is free to manage the information received without having to issue any justification.

3.3. In case of unusually high traffic from one network, Big Weld reserves the right to ask the Client/Buyer to manually enter captcha validation codes, in Order to protect the webSite and the information on it.

3.4. Big-Weld can publish on the Site information about Goods, Services and Sales from his own inventory of third party partners, within a given time period and based on stock availability.

3.5. All prices for Goods and Services published on the webSite are in Romanian Lei (RON) and have VAT tax included.

3.6. In accordance with applicable law, the prices for the electronic Goods from the webSite have the green tax included. In case a Client/Buyer requests to see in detail which is the exact sum added to the good price, they can contact the Big Weld PR department.

3.7. The Vendor is not responsible for any other costs incurred to the Buyer in case on online Payments, including those resulting from exchange rates from banks. Am responsibility on this matter lies exclusively with the Buyer.

3.8 All information used in the description of Goods and Services listed on Site (static & dynamic images, multimedia presentations etc) does not imply any contractual bond form the Buyer and are used only for presentation purposes.

3.9. After 14 days from purchasing a good or service, the Buyer will be contacted for a review of the good or service bought. The request will be sent to the email address associated with the Account. In this way, the Buyer can contribute to keeping other potential User/Clients/Buyers and can be actively involved in the development of new Services and a more detailed description of the Goods.

The vendor can assign and/or delegate Order Services to a third party; the Buyer will be informed but there is no need for his approval. The Vendor will always be responsible for all his contractual obligations.

5.1. Content as define above, including, but not limited to, logo, graphics, commercial symbols, static and dynamic images, text and or multimedia content present on the Site is the exclusive property of Big Weld, who reserve all rights direct and indirect right over it (User license and or publishing)

5.2. The Client/Buyer is not allowed to copy, distribute, publish, transfer to third parties, modifying and/or altering, using, binding or including any other Contents in any context other than the original intent of Big Weld, including another content outside the Site, removing signs indicating copyright, or participate in transferring, selling, distributing of materials resulting from reproducing, modifying or viewing of the Contents, unless written approval by Big Weld.

5.3. Any content available to the Client/Buyer by receiving access or all other means is covered by the present document, unless the content is accompanied by a specific and valid User accord signed between Big Weld and the Client and or any other implicit or expressly formulated by Big Weld regarding that content.

5.4. The Client/Buyer can copy/transfer or use content only in personal and non-commercial purposes and only in a way which does not conflict with the present document.

5.5. If Big Weld offers to the Client/Buyer the right to use, in a certain way agreed between parties, a certain Contents to which the Client/Buyer receives access as a result of this accord, this right is extended on to the Contents referred to in the accord and only during the time that the accord is valid or the Contents exist on the Site, according to defined terms, when these exist, and do not imply any contractual bond from Big Weld to the respective Client/Buyer or any other third party who can access the transferred Contents, by any means and which can or could be prejudiced in any way due to the contests, during the validity of the accord or after it expires.

5.6. No content sent by Big Weld to the Client or Buyer by any means of communication (electronic or by phone, etc) or accessed by the Client by visiting or visualizing binds Big Weld/its employees/or the product which allowed for the Contents transfer, if it exists, to the respective Contents.

5.7. The use of Contents to other purposes then those covered by the present document or the User agreement accompanying it, if applicable, is forbidden.

6.1. The Buyer/Client can Order on the webSite by adding Goods and/or Services in the shopping cart, followed by finalizing the Order by expressly indicated Payment methods. Once added to the shopping cart the good and or service is available for purchase only if in stock. Adding a good or service to the shopping cart without finalizing the Order does not register the Order nor reserve the good/service.

6.2. By finishing the Order the Buyer confirms that all the date in them, which are necessary for the purchase, are correct, complete and true at the time of the Order.

6.3. By finishing the Order the Buyer agrees to the vendor contacting him by any means available at the vendor’s convenience, in any situation when contacting the Buyer is required.

6.4. The vendor can annul the Buyer’s Order following a notice to the Buyer, without further bind for any party or possibility for asking for damages in the following situations:

6.4.1. Rejection of the Buyer card of the online Payment by the bank

6.4.2. Failed transactions by the Big Weld approved card processor in case of online Payment.

6.4.3. Data given by the Client/Buyer on the Site is incomplete or incorrect.

6.5. If the Buyer wants to opt out of the contract in the time allowed for this, the Buyer must return any gift received with the product. If the Order is paid, the Vendor will reimburse the Buyer in a maximum of 14 days from the Client informing the vendor about opting out of the contract. The sum will be reimbursed as follows:

6.5.1. for online card Payments: by transferring the sum to the Account used for Payment.

6.5.2. for Payments by Purchase Order/Payment on delivery/iTransfer/card, by bank transfer

6.5.3. For Orders paid by consumer credit> annulment and recalculation of contractual instalments

6.6. The vendor can postpone the reimbursement of the sum until he will receive the Goods or until receiving proof of their expedition, in case of not offering to pick up the Goods.

6.7. In case an ordered good and/or service cannot be delivered by the vendor, the latter will inform the Client/Buyer and will reimburse the Client/Buyer within 7 days from the date of the notice or from when the Buyer has made public his desire to resign the contract.

7.1. The following are except from the right to resign contract:

7.1.2. Service rendering contracts, after the Services were completely rendered, if execution began with the Buyer’s approval and after confirmation that notice was took of the loss of the right to resign contract after the completion of the execution.

7.1.3. Supplying of Goods and Services with prices that depend on financial market fluctuations outside of the vendor’s control and which could occur during the resigning period.

7.1.4. Supplying Goods made to the Buyer specifications or clearly customized.

7.1.5. Supplying Goods which are subject to quick deterioration or expiring of sell-by date.

7.1.6. Supplying of sealed Goods that cannot be returned due to health or hygiene regulations, following unsealing by the Buyer.

7.1.7. Supplying of Goods that, due to their nature, are inseparable from other elements once delivered.

7.1.8. Supplying of alcoholic beverages with prices agreed on contract signing date, which cannot be delivered earlier than 30 days and have a real value that depends on the market fluctuations that are out of the vendor’s control.

7.1.9. Contracts where the Buyer has expressly requested that the vendor make a house call and tend to urgent repair or maintenance works. If during such an event, the vendor performs other Services than those expressly asked for by the Buyer or supplies other Goods than indispensible spare parts for the repair, these supplementary Goods are subject to the right to resign contract.

7.1.10. Supplying of sealed audio or video recordings or computer software that were unsealed upon delivery.

7.1.11. Supplying of papers, periodicals and magazines, except for subscriptions to such publications.

7.1.12. Supplying digital content if delivery started with the Buyer’s accord and after confirmation that the Buyer is aware of loss of the right to resign contract.

8.1. Any information provided y the Buyer/Client to the vendor shall remain the property of the vendor.

8.2. The Client/Buyer will not make any public statement, promotion, press release or any other means of announcement about the Order/contract without the previous written approval by the vendor.

8.3. By sending information or materials by the means of the webSite, you allow the vendor unrestricted access to these and the right to use, copy, display, modify, relay and distribute these materials or information. You also agree to the vendor’s free use, in their own interest, of all ideas, concepts, know-how or techniques relayed via Site. Big-Weld will not issue other binding regulations in regards to confidentiality if applicable law does not specify differently in this case.

8.4. By registering in the Big Weld database the Client/Buyer agrees, to the extent of applicable legislation, to being contacted by third parties, eMAG partners: marketers, other suppliers, state owned agencies, insurers, when the law allows for such actions, other companies which develop joint offerings with Big Weld for the Goods and Services

9.1. Big Weld Newsletters are sent through specific partners agreed by the vendor. This way confidentiality and security of information is preserved.

9.2. When a Client creates an Account on the webSite one can express approval to receive Newsletters. The option can be changed at anytime by contacting Big Weld.

9.3. Renouncing to the Newsletter can be done by the Client or Buyer at any time using the link in the Newsletter or by phoning the vendor.

9.4. Renouncing the Newsletter does not imply relinquishing the approval given for the present document.

10.1. The pricing for Goods and Services is listed on the Site and are VAT inclusive, in accordance to applicable law.

10.2. Pricing, means of Payment and Payment deadline are mentioned in each Order. The vendor will issue an invoice for the Goods and Services delivered, the Buyer having to give all relevant information to this respect, in accordance with applicable law.

10.3. The vendor will issue an invoice for the Order placed by the Buyer, with the Goods and Services sold by Big Weld included, except for those sold by partners, for any Payments associated with the Order, only online, by adding the invoice to the Buyer Account or by email, at the mentioned email address in the Account.

10.4. In Order to receive the invoice for his Order, the Buyer has the task to update his Account information and Order documents, as often as needed.

10.5. By this means of communication the Buyer, by accessing the Account, will be able to see a record of the invoices issued by Big Weld; they can be saved and archived in any moment and in a number of ways depending on one’s preferences.

10.6. By sending the Order, the Buyer agrees to receive an electronic invoice, added by Big Weld to the Account or sent via email at the specified address.

10.7. In case the information is unavailable for more than 48 hours via the Account, the situation will be reported to the specified email address, available on the contact page.

10.8. Payment by 1-click options is a quick online card Payment that allows for the Payment to be done by 1 click by use of the Token, without the need of entering card details for every transaction. This type of Payment can be implemented by the Buyer.

10.8 1-click Payments can be activated at the creation of the Account or later, at any Order. When activating the 1 click option, by selecting it in the Big Weld mobile app, the card information entered by the Client/User/Buyer will be assigned a Token which will used later by default for transactions. So, after activating 1 click Payments, for the next Order the Buyer will be able to do just that, without having to fill in card information. When filling in card information the Client/User/Buyer has confirms he took notice and accepts the User terms and conditions and agrees to use of the data in future transactions.

10.9 Payment card information will not be available to Big Weld nor stored by them or the Payment processor on the Site, except for the institution that authorizes the transaction or another authority which can store such data, of which the Client/User/Buyer will be informed of before filling in data.

The entity authorized to store data is PayU SA, which obeys Polis law, registered at the Poznan-Nowe Miasto l Wilda w Poznaniu Court, under registration no. 0000274399, and headquarters in 182 Grunwaldzka, 60-166 Poznan, Poland.

10.10 In certain cases, for maintaining Transaction security, at Order placing, the Buyer will be asked to enter Account password or using fingerprint on the phones with this feature.

10.11 For transaction security reasons the Client/User/Buyer is advised to log out of the Site and to only log in manually. Sharing your password is forbidden and setting a strong password is highly recommended (8 characters, uppercase letters, lowercase letters, digits and special characters).

10.12 The Client/User/Buyer can enter more than one Payment card and activate the 1-click Payment option, each card having a Token assigned to it. The Client/User/Buyer can delete any Token and deactivate the 1 click option.

11.1. The Vendor will deliver the Goods by currier or door-to-door delivery to the Buyer, or by delivering them to the Big Weld showroom, depending on the Client’s option.

11.2. The vendor will ensure proper wrapping of the Goods and will include accompanying documents.

11.3. The vendor will deliver Goods and Services within Romanian bOrders.

12.1. All Goods sold by Big Weld, except resealed ones, have warranties in accordance with applicable laws and producer policies. All Goods are new (except resealed ones), have their original packaging and come from authorized sources for each producer.

12.2. In case of Goods sold and delivered by Big Weld, warranties are issued directly by the producer, if they have a national service network, or by SC Depanero SRL, Big Weld service partner.

12.3. Goods sold and delivered by Big Weld, the Buyer will receive upon delivery a warranty for each good which has one, with all contact details for the service centre which will perform repairs during the time covered by warranty.

12.4. Goods from Order that have warranties issued by SC Depanero SRL, Big Weld service partner, will have their warranties in electronic copy only, Big Weld will add them to the Buyer Account or send them to the email mentioned in the Account.

12.5. The Buyer must update the Account info as often as needed and access all documents accompanying the Order for the warranty to reach him. In this way, the Buyer, by accessing his Account on www.emag.ro will be able to see a record of the Big Weld issued warranties, which one can save and/or archive at any time and through whichever means. If these information is unavailable for more than 48 hours, the situation can be addressed by sending an email to the address provided by vendor on the webSite.

12.6. For warranties issued by producers, the defective good will be taken to the nearest service centre indicated in the valid warranty. The authorized centre will take over all responsibility for solving of issues. Missing a warranty needs to be signalled within 48 hours of receiving the good to the functional email. Any ulterior notice will not be taken into Account.

12.7. Resealed Goods will have their warranty issued by Big Weld, which reserves the right of issuing for a different time span than the one for a new, sealed good. The warranty validity is mentioned in the warranty issued for each good. User, handling and transporting terms are the same as for a sealed good and are privy to the same Services unless stated otherwise.

Property of Goods will be transferred upon delivery, after Payment by Buyer, at the location indicated in Order (where delivery is understood as the signing the transport document the currier provides or signing of the invoice for delivery made by vendor personnel)

The vendor cannot be held responsible for any damages suffered to the Buyer or any third parties as a result of the vendor fulfilling his obligations in accordance with the Order, or damages resulted from the use of the Goods and Services after delivery, more specifically for their loss.

By creating an Account the Client/User/Buyer takes responsibility for maintaining confidentiality of the Username and password and for accessing the Account, as well as online activity, in accordance with applicable legislation.

By creating an Account and/or usage of Contents/Ordering, the Client/User/Buyer expressly agrees the terms and conditions of the webSite, latest version accessible on the Site, the one in existence at the date of signing up and/or use of content and/or Ordering.

Following signing up the use of the Account is equivalent with agreeing with any modifications made to the terms and conditions and/or the updated versions of the document.

The Terms and Conditions of the Site can be modified at anytime by Big Weld, which can differ from what Clients / Users / Byers read on their time on the site.

Acceptance of terms and condition is done by checking the box on the Site and/or Ordering and/or online Payment.

Entering reviews, Comments, Questions and Answers can be done by a User/Client/Buyer on the “Questions and Answers” and “reviews” pages; information entered can be positive or negative and they will make reference to a product/service use or specifications.

When registering a review/Comment/Question/Answer on the Site, the User/Client/Buyer will give the vendor an irrevocable, perpetual, location unlimited, non-exclusive license to use, reproduce, modify, adapt, publish, translate and display the content.

Each User/Client/Buyer, upon entering a review/Comment/Question/Answer, must obey the following:

- To only make reference to specifications and/or usage of a product or service, avoiding any reference to things which can change such are pricing and sales or information regarding Ordering.

- to only use Romanian language, inclusive of words, which although not native to the language, are widely used in all contexts with reference to the subject (ex: mouse, notebook, plug and play)

- To use proper, inoffensive language, and avoid or words that can offend another User/Client/ Buyer.

- To make sure Contents is added to correct section: all Questions in Question and Answers, all reviews in Review

- to make sure all info is realistic, accurate, true and in accordance with applicable law, respecting third party rights, authorship, trademarks, licenses and all property, publicity or privacy rights.

- To use the Site only to communicate or receive more information on certain products or Services without referring to other companies selling or buying products and Services

- to not supply or solicit, under any means or circumstances, personal information (contact details, delivery address, phone numbers, email, name and surname) or any other information that can lead to disclosing above mentioned information

- To not write info or details about URLs to other commercial webSites that have similar commercial activity as the vendor.

- To not attempt defrauding the Services made available by the vendor or add reviews/Comments/Questions/Answers containing advertisements.

- to not attempt to use the review/Comment/Question/Answer as a means to communicate with the vendor; to this end one will use the contact details of the vendor found on the Site.

Besides a realistic review, when registering a review, the User/Client/Buyer will also add a rating for the product/service. The review, alongside the corresponding ratings will influence the general rating of the product/service, number which will be shown besides the title. Thus, a review with a higher rating leads to a higher general rating, while a lower one leads to a lower general rating.

Users/Clients/Buyers that will upload reviews with photos or videos will observe the following rules:

- Uploaded file will only have images/videos about the product or service reviewed and will obey authorship rights.

- files will not contain violence, adult content, fowl language or any other offensive content to a person/group based on race/ethnicity/religion/disability/gender/age/veteran status/sexual orientation/political view.

- Files will not contain information about other persons

- Files will not contain URLs or embedded links to other Sites that that have similar commercial activity as the vendor.

When a review/Comment/Question/Answer is signalled by a User/Client/Buyer to have inadequate content, this being their personal view, the Comment will be reviewed by the vendor to see if it violates terms and conditions. Texts, photos or videos will be deleted from the webSite only after review from the vendor.

In case of repeated violation of terms and conditions, the vendor reserves the right to suspend the User/Client/Buyer‘s right to write reviews/Comments/Questions/Answers in respective sections.

For complains about Goods and/or Services, the Buyers have access to a complaint form:

http://info.emag.ro/reclamatii-sesizari.

The term for solving complaints is 30 calendar days from submission.

16.1. Big-Weld is registered with the Registry of Personal Data Processing.

16.2. In accordance to law no. 677/2001 regarding protection of personal data and free circulation of this information, with amendments, Big Weld is bound to administer the data supplied by the Client/User/Buyer only to specific means, and in a secure way.

16.3. The aim of collecting personal data is to inform Client/Buyers in regards to their Account situation, to Order status, evaluating Goods and Services, commercial activity, promotion, marketing, advertising, media, administrative, development, market research, monitoring of sales and of the Client/Buyer behaviour.

16.4. By entering personal data in Account sign up form and/or Order, the Buyer declares and accepts unconditionally that one’s personal data will be included in the Big Weld database, registered in the Personal Data Processing Registry under no 6606, and agrees that all data will be stored, used and processed without restriction of location and time by Big Weld, its partners, for the implementation by eMAG and their partners, of activities such as(but not limited to): commercial ones, promotional ones, marketing, advertising, media, managing, development, market research, statistics, tracking and monitoring of sales and consumer behaviour. Also, the Buyer expressly agrees that the data can be transferred by Big Weld to its partners or third parties from the country or outside it.

16.5. by reading the document the Client/User/Buyer has taken notice of the rights one has by law, inclusive of the right to be informed, free access to data, the right to intervene, oppose, to not be subject to an individual decision, the right to address proper authority n case of violation of the rights in law no 677/2001 in regards to protecting personal data and free circulation of this data.

16.6. Based on a written request, dated, signed and sent to the vendor, one may ask, free of charge, once a year, to confirmation that one’s personal data have or have not been processed.

16.7. Based on a written request, dated, signed and sent to the vendor, one may make changes to the data, if needed.

16.7.1. Rectificarea, actualizarea, blocarea sau stergerea datelor a caror prelucrare nu este conforma legii 677/2001 pentru protectia persoanelor cu privire la prelucrarea datelor cu caracter personal si libera circulatie a acestor date, in special a datelor incomplete sau inexacte;

16.7.2. Transforming data into anonymous data is not in accordance with law 677/2001

16.7.3. Notifying a third party that had access to the data, if this notice is not impossible or required extraordinary measures, especially in comparison to endangered legal interest.

16.8. Big Weld can provide Buyer data to other companies it has a partnership with, but only based on a confidentiality agreement, which ensures that the data are keep secure and are only distributed in accordance to applicable legislation, as follows: marketers, curriers, banking Services, Payment Services, telemarketing, ensures, companies with which we can partner up to make joint offers for our Goods and Services.

16.9. By filling in the online Order with personal data, including personal id number, for crediting purposes, the Buyer expressly consents that Big Weld partner legal entities will process the said personal data for making the loan analysis and send them to the Loan Office database.

16.10. Personal data of Buyer can be shared to the Prosecutor General, Police, respective Courts of Law and other relevant authorities, in accordance to applicable law and a formal request.

17.1. No party shall be held Accountable for not fulfilling ones contractual obligations to a certain extent or totally, with delay or not at all, if this is due to unforeseeable circumstances resulted from a case of force majeure. Force Majeure in an unpredictable event, outside the control of either party, which cannot be avoided. All damages caused to vendor by other circumstances than force majeure will be repaired in full.

The present document is drafter according to Romanian law. Any litigations between Big Weld and Clients/Buyers will be solved amiably or in competent courts of law in the city of Timisoara.