TERMS AND CONDITIONS
These terms and conditions, together with the information and policies contained in the pages on the website and any other documents referred in these terms and conditions (the "Terms and Conditions") set out the legal terms that apply to your use of our website https://npshopping.com/, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the "Websites" and “Website” being a reference to any one of them) and the other services that we provide.
When we refer to "we", "us" or "our", we mean PERSONAL BUYER S.R.L., a company registered in Romania, registered address: street. CALEA BUCURESTILOR nr. 224K county, ILFOV, 075100, Romania (the "Company"). Where we refer to "customer", "you" or "your" we mean you, the person using our services.
Please read these Terms and Conditions carefully and make sure that you understand them before using our services. Please note that by using our services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use our services and you should leave the Website immediately. If you continue to use the Website we will take this as your acceptance of these Terms and Conditions.
Please note that we may amend these Terms and Conditions from time to time, so please check the Website regularly, and each time you use our services.
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OUR SERVICES
The Company provides to the customers delivery services of goods from foreign online shops of its partners (the “Services”). As part of the Services, we also provide some ancillary services such as:
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coordinating the movement of goods across international borders, including managing customs clearance and ensuring compliance with local regulations;
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possibility to check the goods and make payment upon delivery;
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providing you with customer service assistance.
The Company may engage third parties to perform its Services.
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THE WEBSITE
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
When you visit the Website, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically satisfy any legal requirement that the same communications be in writing.
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
We make no guarantee that any or all features of the Websites, Services will work on any particular device.
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
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USE OF THE SERVICES
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Order Procedure
If you would like to use our Service please choose «NOVA GLOBAL» as a delivery option during the checkout process in the online shop. The customer may choose delivery in a postal office or delivery by a courier to the customer's specified address.
Kindly note that the availability of the Services as delivery option may vary depending on the online shop, the customer's location, and the specific products or order value.
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Payment
Once the order is ready to be shipped, the delivery personnel (a courier) transports the package to the customer's specified address or such order is dispatched to the postal office. Upon arrival, the courier presents the package to the customer for inspection, or such order can be inspected by the customer in the postal office (depending on the delivery method chosen by the customer during the checkout process in the online shop). The customer pays
the total amount due for the order by following the link from a QR code printed on the parcel or by following the link sent by the Company on the customer’s email, Viber or in SMS.
The link will direct the customer to the payment page on our Website with prefilled details of the customer and the order. Once you click pay, you will be taken through the payment process managed by our acquiring provider, where you should follow the online instructions.
We use acquiring providers at our sole discretion for all our transaction processing. The payment provider may change at any time without notice.
After receiving the payment the Company sends a receipt or proof of payment on the customer’s email. The receipt shall include the order details, the paid amount, and any other relevant information.
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Returns and cancellations
If you are not satisfied with your order after its inspection, please promptly contact the online shop's customer support. Inform them about the situation and provide details of your order, including the reasons why you are refusing to accept and pay for the package. Describe any issues with the order, such as incorrect or damaged items, discrepancies with the product description, or any other valid concerns. Provide any relevant evidence, such as photographs, if necessary. The customer support representative will guide you on the next steps based on the online shop's policies and procedures. They may initiate an investigation into your concerns or offer alternative solutions, such as a return, exchange, or refund process. Follow their instructions and provide any requested information or documentation promptly. Please note that specific steps and policies for handling a situation where a customer refuses to pay for the order may vary depending on the online shop's practices.
If you would like to return the product after it was delivered and paid, please review the online shop's return policy and follow the specific instructions provided by such online shop. Please note that some types of the products cannot be returned and refunded.
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PROHIBITED ITEMS
The Goods listed in this clause are strictly prohibited from handling by us and our Services:
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money (bills, coins), bank cards (whether debit or credit), securities, checks, checkbooks, bonds, lottery tickets, etc.;
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precious metals, precious and semi-precious stones, jewelry;
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antiques (including antique books), products over 100 years old, works of art of original origin (not copies). The сustomer shall be exclusively liable to prove on its own expenses that the objects are not of cultural value ;
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explosive substances, compounds, objects equipped with them, detonation devices;
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flammable gases, non-flammable and non-toxic gases (liquid cryogenic gases), toxic gases;
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compressed and liquefied gases for domestic and industrial use;
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flammable liquids;
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flammable solid substances and substances at risk of spontaneous ignition;
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poisonous and potent substances in any physical state, regardless of the form and quality of their packaging;
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caustic and corrosive substances;
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infectious substances, i.e. substances containing pathogenic organisms that cause disease in humans or animals;
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goods of military purpose and dual use;
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seals, car license plates;
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live animals and plants (including live trees and other plants, bulbs; grain crops; edible fruits and nuts; seeds, fruits and grains; medicinal plants);
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fur, skins, stuffed animals, feathers, ivory and products made from it;
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pornographic materials, counterfeit and falsified products;
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human remains, human organs, human tissues, ashes;
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narcotic drugs, psychotropic substances, their analogues and precursors;
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medicinal products;
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used personal items (clothes, shoes) in dirty condition;
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used automobile, aviation, etc. spare parts;
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special technical means of secretly obtaining information;
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poaching equipment;
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alcoholic beverages, tobacco and tobacco products, excise goods;
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food products, except for those that meet all of the following requirements at the same time:
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the actual weight of products addressed to individual is no more than 10
kilograms;
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the products are sent in the manufacturer's packaging and the packaging has not been opened;
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products do not require a special temperature regime (different from room temperature);
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unmarked containers that contain liquid (except for soft drinks in the manufacturer's package that has not been opened);
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metals and scrap metal;
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other items prohibited for export from the online shop's country/import to the customer’s country.
The Company may unilaterally refuse from provision of any Services regarding any goods that it considers potentially dangerous.
The Company shall not be liable for any parcels containing prohibited items accepted by mistake, and reserves the right to open a package at any stage of the delivery and check its contents, if it is suspected that the package contains prohibited items that may endanger
human health or other parcels, as well as items prohibited from being carried through the territory of other countries. In the event of suspicions about the possible transportation of prohibited products, the Company shall take appropriate actions in accordance with the applicable laws, such as refusing to accept the parcels and returning them to the online shop if they have already been accepted. In such a case, the Company has the right to demand that the customer pay all costs and losses incurred as a result of the event.
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TAXES AND DUTIES
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from online shop outside of your territory, you may need to pay import duties upon receipt of the products. You will be responsible for payment of any such import duties and taxes that are not included in the product price. Please contact your local customs office for further information.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included, then you will be responsible for reclaiming duty directly from your local customs office.
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CANCELING OF THE SERVICE AND RETURNS
If you would like to cancel the Services or you are not satisfied with your order and you would like to make a return, carefully review the online shop's return policy. This policy typically outlines the conditions and guidelines for returning a product, including timeframes, eligible products, packaging requirements, and any associated fees or requirements. Pay attention to the specific instructions provided by the online shop.
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INTELLECTUAL PROPERTY
The Company exclusively owns all rights, title, and interest in Personal Buyer’s logo, the names of individual services and their logos, patents, copyrights (including rights in derivative works), trademarks or service marks, logos and designs, trade secrets and other intellectual property embodied by, or contained on the Website and relating Web-pages, documentation etc.
We are the owners or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, user interfaces, visual interfaces, photographs, digital downloads, data compilations and software including the presentation and compilation of the same) (the "Content").
The Company will have the exclusive ownership of all present and future existing rights to the Content of every kind and nature everywhere. You may not reproduce, distribute, rent, lease, sell, distribute, license, copy, modify, publicly perform or display, transfer, transmit, publish, edit, adapt, create derivative works based on the Content, or otherwise use the
Content. This Website also contains many valuable trademarks, names, titles, logos, icons identifying the Company’s Services or the third-parties’ products, and other proprietary materials owned and registered by the Company or the third-parties (the “Trademarks”). The reproduction, copying, or redistribution for commercial purposes of any Content of the Website and any use of the Trademarks as domain names, account identifiers or as search terms, without the written permission of the Company is strictly prohibited.
All Content is by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You shall never use any Company’s or the third parties’ logos or marks for commercial and public use without our express permission, unless otherwise explicitly indicated by the Company. You shall not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or otherwise use any of the Company’s or the third parties’ logos or marks. You also shall not make any public statement or issue any press release related to the Company’s services without our express permission. There are no implied licenses under these Terms and Conditions and all accompanying documents, and any rights not expressly granted to you hereunder are reserved by the Company. Under these Terms and Conditions, you are entitled to use any logos or marks for your personal, non-commercial purposes exclusively.
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SECURITY
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and other information from accidental loss and from unauthorized access, use, alteration or disclosure.
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INDEMNIFICATIONS
You hereby agree to indemnify the Company, any of its officers, directors, employees and agents and its affiliated and related entities from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind arising out of, relating to, or incurred in connection with any claim, complaint, audit, inquiry, or other proceeding, that arises or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions; (b) your wrongful or improper use of the Services; (c) arising out of a breach of any warranty, representation, or obligation hereunder.
You shall not have any claim of any nature whatsoever against the Company for any failure to carry out any of our obligations under these Terms and Conditions as a result of Force Majeure - causes beyond our control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, in securing any permit, consent or approval required by the Company, for the supply of products, delay by any sub-contractor or supplier of ours accidents of any kind, riot, political or civil disturbances, the elements, by an act of
state or government including regulatory action imposed or any other authority or any other cause whatsoever beyond our absolute and direct control.
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LIMITATION OF LIABILITY
The Website and the Services are provided on an “as is” and "as available" basis and without any warranties of any kind, either expressed or implied. You assume all responsibility and risk with respect to your use of the Website and Services. To the maximum extent permitted by the applicable law, we or our affiliates do not accept any liability for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), resulting from any use of, or inability to use, this Website and the Services or the material, information, software, facilities, services or content on this regardless of the basis, upon which the liability is claimed.
If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. You understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of domicile concerning use of the Website, and that you should not accept any liability for any illegal or unauthorized use of the Website. You agree to be solely responsible for any applicable taxes imposed under your tax residency regulations.
In no event, shall our Company, our directors, members, employees or agents be liable for any loss resulting from hacking, tampering, virus transmission or other unauthorized access or use of the Services, your account, or any information contained therein; for products, not being available for use; for improper functionality, technical faults and downtime of the technical infrastructure.
We do not guarantee continuous, uninterrupted or secure access to the Services and you acknowledge and agree that the Website may be interfered with by numerous factors outside of our control.
We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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PRIVACY POLICY
We recognize the importance of protecting your personal data and are committed to processing such data responsibly and in compliance with the applicable data protection laws in every country in which the Company operates. In our Privacy Policy, you can find all the information that explains when, where, and why we collect personal data about people who use the Services, how we use the collected data, the conditions under which we may disclose them to the thirds parties, your rights in respect of your personal data, as well as how we keep personal data secure.
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GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by the law of Romania.
All disputes and disagreements that might arise from these Terms and Conditions shall be resolved by means of negotiations. You agree that for the purposes of the settlement of disputes between you and the Company, an e-mail correspondence with the authorized persons of the Company shall be the effective and binding method of communication.
If the parties cannot agree on the subject of the dispute within thirty (30) days, the dispute shall be referred to and finally resolved by the relevant court of Romania.
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MISCELLANEOUS
To facilitate a prompt and accurate resolution of your complaint, please provide as much relevant information as possible when submitting a complaint. This may include the order number, a detailed description of the issue, a photograph, and any other pertinent details.
We will review all complaints and provide you with a solution within 30 days of receiving the complaint. We will maintain open communication with you throughout the complaint resolution process. We will keep you informed of the progress of the complaint, any findings from our investigation, and the proposed solution.
If you are not satisfied with the proposed decision, you have the option to appeal to a higher authority. You can file a complaint with the National Consumer Protection Authority at the following link: https://anpc.ro/ce-este-sal/. If your country of residence is within the EU, you can submit a complaint through the European Commission's online dispute resolution platform at the following link: http://ec.europa.eu/odr.
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DIVERSE
Severability. These Terms and Conditions shall replace any other agreement between the Parties, as well as all prior versions thereof. If any provision of these Terms and Conditions (a clause or a statement within a clause) is void, unenforceable, or otherwise legally invalid, it shall not affect any other provision herein, or these Terms and Conditions as a whole.
Waivers. If you violate these Terms and Conditions, and we do not take action, or if we delay in taking action, this does not mean that we have waived our rights, and we will still have the right to enforce our rights and remedies.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and us and supersede any and all prior agreements between you and us.
Modifications. We have the right to make modifications or additions to these Terms and
Conditions unilaterally at any time, without special notice, by posting a new version here on the Website. The new version of the Terms and Conditions becomes effective when it is posted on the Website unless the new version provides otherwise.
Assignment. You do not have the right to assign the rights and/or licenses granted under these Terms and Conditions. We reserve the right to assign our rights without restrictions to any party we deem appropriate.
14. CONTACT INFORMATION PERSONAL BUYER S.R.L.
Registration Number: J22/ 178/2023, Tax ID: RO47468211 Address: 224K CALEA BUCURESTILOR Street, Ilfov County, 075100, Otopeni City, Romania.
+40 31 22 96 158