Terms and Conditions

Website: www.domeniiledavidescu.ro and its subdomains

1. DEFINITIONS

  • Buyer – any natural or legal person placing an order on the Website.
  • Seller – DOMENIILE DAVIDESCU S.R.L., with the following identification details:
    • Headquarters: Pitești Municipality, Argeș County, Sfânta Vineri Street, Bl. A10, 5th floor, ap. 19, room 2
    • ORC Registration: J3/1722/2015
    • VAT Code: RO35354426
    • Bank Account: RO03RZBR0000060018373012 – Raiffeisen Bank/li>
    • Legal Representative: Mr. Andrian Davidescu – Administrator
  • Member – any natural person, legal person, or other legal entity who has or obtains access to the Content, by any means of communication (electronic, telephone, etc.), or based on a usage agreement between the Seller and that party, which requires the creation and use of an Account.
  • Account – the combination of an e-mail address and password through which the Member accesses the restricted area of the Website.
  • User – any person visiting the Website.
  • Client – any natural person, legal person, or other legal entity who has or obtains access to the Content and Service, after creating a Member Account.
  • Service – electronic commerce carried out on the Website, which allows the Client to purchase products and/or services exclusively through electronic means.
  • Content – all information displayed on the Website or communicated to the Client by the Seller, such as:
    • the content of any e-mail sent to Users or Clients by the Seller;
    • any information communicated by a Seller’s employee to the Client;
    • information regarding products, services, and/or prices practiced by the Seller during a given period;
    • information regarding products, services, and/or prices practiced by a third party with whom the Seller has partnership agreements;
    • data regarding the Seller, or other privileged data.
  • Products/Goods – any wine or alcoholic beverage listed on the Website for sale.
  • Order – an electronic document acting as communication between Seller and Buyer by which the Buyer expresses the intention to purchase Goods and Services via the Website.
  • Contract – the placement of a valid Order by the Buyer and its acceptance by the Seller in accordance with GEO 34/2014.
  • Newsletter/Alert – the electronic means of periodic information regarding the Seller’s products, services, and/or promotions.
  • Transaction – the collection or reimbursement of an amount resulting from the sale of a Product/Service by the Seller to the Client, using the services of the card processor agreed by the Seller.
  • Document – this set of Terms and Conditions.

2. AGREEMENT

By accessing the Website and/or placing an order, the User/Buyer confirms that they have read, understood, and accepted this document. If you do not agree, please do not use the Website.

3. RULES OF USE AND PROHIBITED BEHAVIOR

It is strictly forbidden to use the Website for:

  • publishing or transmitting illegal, defamatory, obscene, offensive, or discriminatory content, or content that infringes the rights of others;
  • transmitting viruses, malicious code, unsolicited commercial messages (spam);
  • falsifying identity or using false data;
  • disrupting the operation of the Website or other users;
  • unauthorized collection of data about other users.

Any violation may result in suspension of access and, if applicable, legal liability.

4. BINDING NATURE

  • Use of the Service implies acceptance of these Terms and Conditions.
  • If you do not agree, you must stop using the Website and delete the created Account.
  • By using the Website/Content/Service, the Member or Client is solely responsible for all activities resulting from such use. They are also liable for any material, intellectual, electronic, or other damages caused to the Website, Content, Service, or the Seller’s company, in accordance with Romanian law.
  • If the User or Client disagrees and/or revokes acceptance of the Document, they waive access to the Service, any other services offered by the Seller via the Website, and the receipt of newsletters/alerts or other communications from the Seller, without any guarantee or liability from the Seller.
  • The Seller will delete all data related to that person from its database, without any further obligations for either party or the possibility of claiming damages.
  • The Client/Member may at any time reconsider their decision to accept or reject the Document, as available at that moment.
  • To exercise the right of withdrawal of acceptance, they may contact the Seller or use the unsubscribe links provided in communications.
  • This Website is intended only for individuals aged at least 18 years, who have completed the proper registration steps and who have not been suspended or removed by the Seller, regardless of reason. Online ordering is only available for persons domiciled in Romania. By becoming a Member, the person declares that they meet these conditions.
  • Clients/Members purchasing products through www.domeniiledavidescu.ro agree to participate in promotional campaigns organized on the Website.

4. CONTENT

  • The Website’s content (texts, images, logos) is the exclusive property of DOMENIILE DAVIDESCU S.R.L.
  • Reproduction, modification, copying, distribution, or commercial use of the content without written approval is prohibited.
  • Any use of the Content other than those expressly permitted by this Document or a usage agreement is prohibited.
  • The Seller reserves the right to modify or add new rules and restrictions regarding Website content at any time.
  • For copyright infringement issues, please contact sales@domeniiledavidescu.ro

5. CONTACT

  • The Seller publishes complete and accurate identification and contact details on the Website.
  • Communication with the Client may take place by telephone or electronically.
  • By accessing the Website, using its information, visiting its pages, or sending e-mails/notifications to the Seller, the Member/Client consents to receiving notifications from the Seller electronically and/or by phone, including via e-mail or Website announcements.
  • The Seller reserves the right not to respond to all requests received.

6. NEWSLETTERS AND ALERTS

  • When creating an Account, the Member or Client may agree or refuse to receive newsletters/alerts from the Seller.
  • Data provided for newsletters/alerts may be used by the Seller and its Partners in accordance with the Privacy Policy.
  • Unsubscribing from newsletters/alerts may be done at any time via:
    • the unsubscribe link in the communication;
    • modifying preferences in the Account;
    • contacting the Seller.
  • Unsubscribing does not mean withdrawal of acceptance of the Document.
  • The Seller reserves the right to choose recipients of newsletters/alerts and to remove Members/Clients from its database without prior notice.

7. PRIVACY AND COOKIES

  • Personal data is processed in accordance with EU Regulation 2016/679 (GDPR).
  • The Privacy Policy and Cookie Policy are available on the Website.

8. CHANGES TO THE TERMS OF USE

The Seller reserves the right to change these Terms and Conditions without prior notice.

9. ASSIGNMENT AND SUBCONTRACTING

The Seller may assign and/or subcontract third parties for services related to fulfilling Orders, informing the Client/Member, without requiring their consent. The Seller remains responsible for contractual obligations.

10. ACCESS TO THE SERVICE

  • Orders can only be placed by persons aged 18 or older.
  • The Seller may restrict Client access or delete Accounts if behavior could prejudice the Seller.
  • Each Member may only have one Account. Account sharing is prohibited.
  • The Seller may suspend/cancel access if violations are discovered.

11. PRODUCTS, SERVICES, AND PAYMENT

  • The Seller may publish on the Website information about the products, services, and/or promotions it offers, as well as about the products/services of any third party with whom the Seller has partnership agreements, such information being valid for a certain period and within the limit of available stock.
  • Products and/or services purchased through the Website are intended exclusively for the Client’s personal use and may not be resold for commercial purposes without the Seller’s written consent.
  • The Seller reserves the right to limit the quantity of products or services available for purchase by one or more Clients, depending on stock availability and the internal sales policy.
  • All prices for the products and services displayed on the Website are expressed in Romanian lei (RON) and include VAT, in accordance with applicable law.
  • Prices displayed on the Website and shown with a strikethrough represent the product’s reference (non-discounted) price, applicable prior to the promotional discount period.
  • Invoicing for purchased products is done exclusively in RON. Payment is made exclusively online at the time the order is placed, by bank card, using the secure payment processor shown on the Website. Payment is deemed confirmed when the invoice is issued to the Client; until that time, the amount corresponding to the order is blocked in the Client’s account and is not transferred to the Seller.
  • In the case of online payments, the Seller is not and cannot be held responsible for additional costs borne by the Client, including but not limited to currency-conversion fees applied by the card-issuing bank if the card’s currency differs from RON. All such costs are the Client’s sole responsibility.
  • All information used to describe products and/or services (photos, multimedia presentations, technical descriptions, etc.) is for guidance only and does not constitute a contractual obligation of the Seller. Minor differences may exist between the image displayed and the product delivered, without affecting the product’s essential characteristics.
  • In product and/or service descriptions, the Seller reserves the right to use images that include accessories or decorative elements that are not included in the sale price of the respective product.
  • On the Website www.domeniiledavidescu.ro, payment is available exclusively online by bank card (Visa, Mastercard), securely processed via the partner payment processor. An order is considered firm only after payment has been confirmed.

12. ONLINE ORDER

  • The Client may place product orders exclusively through the Website www.domeniiledavidescu.ro.
  • By completing an Order, the Client confirms that all data provided are correct, complete, and true at the time of placing the order (“Order”).
  • By completing the Order, the Client agrees that the Seller may contact them by any available and agreed means (telephone, e-mail) to confirm and process the Order or to clarify any necessary aspects.
  • The Seller reserves the right to unilaterally cancel any Order, without any further obligation and without either party being entitled to claim damages, in the following cases (the list being illustrative, not exhaustive):
    • the transaction is not accepted by the Client’s card-issuing bank, in the case of online payment;
    • the transaction is invalidated by the payment processor agreed by the Seller;
    • incomplete, incorrect, or false data provided by the Client;
    • the Client’s activity on the Website may cause damage to the Seller;
    • more than two consecutive failed deliveries to the same Client;
    • the existence of a transaction suspected or declared suspicious by an authority/institution/banking unit;
    • any other objective reasons justified by the Seller.
  • If the Client cancels an Order paid online by card and the issuing bank has authorized the transaction (blocking the amount in the Client’s account), the Seller will release the funds within a maximum of 48 business hours from the date it became aware of the cancellation.
  • If one or more products ordered and paid online are not in stock, the Seller will inform the Client and release the corresponding amounts within a maximum of 48 business hours from the date the situation was identified.
  • If the Client has made the online payment, they have the right to modify the contents of the Order, within the limit of the amount already blocked on the card, at the time they are contacted by the Seller.
  • If the value of the modified Order is lower than the initial one, the Seller will release the difference into the Client’s account within a maximum of 48 business hours from the date the Order modification is confirmed.
  • Delivery details displayed on the Website (including estimated delivery time) are indicative and do not constitute a contractual obligation of the Seller. Any delays do not give rise to liability for the Seller and do not entitle the Client to claim damages.
  • If a Client changes their personal data in their Account, all orders in progress at that time will be processed according to the data defined/accepted before the change.
  • The new data will apply exclusively to future orders.

13. CONTRACT AND COMPLETION

  • The Seller will include in the parcel, depending on the nature of each product, all documents necessary to certify the Client’s purchase of the products (the fiscal invoice and, where applicable, the certificate of conformity or other documents required by law).
  • The Seller will ensure that the Client is informed about the status of the Order by e-mail and/or SMS, as applicable.
  • The distance contract is considered concluded at the time the Order is confirmed by the Seller, by sending a confirmation message via e-mail.
  • The Contract is considered executed (“Contract honored”) when the Client receives the ordered products, accompanied by the supporting documents provided in Article 15.1.
  • Execution of the Contract is subject to the Client’s right of withdrawal, in accordance with the applicable legislation (GEO 34/2014).
  • If the Seller cannot fulfill the Order for objective reasons (e.g., stock shortage, system error, impossibility of delivery), it will immediately inform the Client and arrange the return/release of the amounts paid by the Client, without any further obligations.

15. DELIVERY

  • Delivery of products ordered through the Website www.domeniiledavidescu.ro is made exclusively within the territory of Romania, via a fast courier company.
  • The average delivery time is 2–5 business days, calculated from the moment the Order is confirmed by the Seller. The delivery times displayed on the Website or communicated to the Client are indicative and do not constitute a contractual obligation.
  • The delivery cost is visibly displayed on the Website before the completion of the Order. For orders with a value greater than 100 RON, delivery is free of charge.
  • Delivery of purchased products to the Client is carried out by the Seller directly or, as applicable, via a fast courier company, depending on the destination locality.
  • If delivery cannot be made within the estimated time, the Seller will inform the Client by e-mail or telephone, offering the option to accept an extension of the delivery period or to request cancellation of the Order.
  • Failure by the Client to respond within the time specified by the Seller will be deemed tacit acceptance of the extended delivery period. If the Client requests in writing the termination of the contract and cancellation of the Order, and the product has already been paid for, the Seller will refund its value within a maximum of 30 calendar days, in accordance with the law.
  • If payment was made before the delivery of the products, the amounts paid by the Client will be reimbursed in full, under the conditions provided by applicable legislation.
  • The risk of loss or damage to the products is transferred to the Client at the time the parcel is actually delivered to them.

16. QUALITY AND WARRANTIES

  • Delivery of products ordered through the Website www.domeniiledavidescu.ro is carried out exclusively within Romania, via the courier company FAN Courier.
  • The average delivery time is 2–5 business days, calculated from the moment the Order is confirmed by the Seller. The delivery times displayed on the Website or communicated to the Client are indicative and do not constitute a contractual obligation.
  • The delivery cost is visibly displayed on the Website before completing the Order. For orders exceeding 100 RON in value, delivery is free of charge.
  • Delivery of products is carried out exclusively through FAN Courier, based on the contract between the Seller and this courier company.
  • Responsibility for delivering orders (including the parcel’s integrity and safety) rests entirely with the Seller until the moment the product is handed over to the Client.
  • The Client is required to check the integrity of the parcel upon receipt and to immediately report any issues (damage, missing products) to the Seller. The Seller will handle the matter with the courier company and ensure that the claim is resolved in the Client’s favor, in accordance with the law.
  • If delivery cannot be made within the estimated time, the Seller will inform the Client by e-mail or telephone, offering them the option to accept an extension of the delivery period or to request cancellation of the Order.
  • Failure by the Client to respond within the time specified by the Seller will be considered tacit acceptance of the extended delivery period. If the Client requests in writing the termination of the contract and cancellation of the Order, and the product has already been paid for, the Seller will refund its value within a maximum of 30 calendar days, in accordance with the law.
  • If payment was made prior to product delivery, the amounts paid by the Client will be refunded in full, under the conditions provided by applicable legislation.
  • The risk of loss or damage to the products is transferred to the Client at the time the parcel is actually delivered to them.

17. RIGHT OF WITHDRAWAL AND RETURNS

  • The Client has the right to return purchased products within 14 calendar days, without having to justify the decision, provided that the products are sealed, unopened, and in their original packaging.
  • The 14-day withdrawal period is calculated as follows:
    • from the day the Client or a third party designated by the Client takes physical possession of the product;
    • in the case of multiple products ordered under a single Order and delivered separately, from the date of receipt of the last product;
    • in the case of a product delivered in lots or parts, from the date of receipt of the last lot or part;
    • in the case of periodic delivery of products, from the date of receipt of the first product.
  • To exercise the right of withdrawal, the Client must notify the Seller with a clear statement (sent by e-mail to the address indicated on the Website). A withdrawal form is available upon request, but its use is not mandatory.
  • The return is considered made within the deadline if the notice is sent before the expiration of the 14-day period.
  • If the Client withdraws, the Seller will reimburse the amounts paid (including standard delivery costs) without undue delay and no later than 14 calendar days from the date of withdrawal notification. Reimbursement will be made using the same payment method as the initial transaction, unless the Client expressly agrees to another method.
  • The Seller may postpone reimbursement until receipt of the returned products or until proof is provided that they have been sent back, whichever occurs first.
  • Return costs are borne by the Client.
  • According to Article 16 of GEO 34/2014, the Client does not benefit from the right of withdrawal in the following cases:
    • products unsealed after delivery, which cannot be returned for health protection or hygiene reasons;
    • alcoholic beverages whose price was agreed at the time of the sale contract and whose value depends on market fluctuations beyond the Seller’s control;
    • products likely to deteriorate or expire quickly.
  • The Client is required to check the integrity of delivered products before accepting the parcel and signing the receipt document. The signature confirms that the products were delivered in good condition. If a third party is designated to receive the parcel, responsibility for checking the parcel lies with the Client.
  • If the Client has provided an incorrect delivery address, they may request a change of address only if the new address is located in the same city as the original address.

18. FRAUD

  • The Seller does not request from Clients, by any means of communication (e-mail, telephone, SMS, etc.), confidential information such as bank card details, passwords, or other similar data.
  • The Client assumes full responsibility for disclosing their confidential information to third parties.
  • The Seller declines any responsibility for damages suffered by the Client as a result of interactions with persons or entities falsely claiming to represent the Seller’s interests.
  • The Client is obliged to immediately inform the Seller about any attempted fraud or suspicious request, using the contact details provided on the Website.
  • The Seller does not promote SPAM. Any Client who has provided their e-mail address may at any time request its deletion from the databases used for commercial communications.
  • All electronic communications sent by the Seller (e.g., e-mails) contain the complete and accurate identification details of the sender or a valid link to such details at the time of sending.
  • The following actions will be considered attempts of fraud against the Website www.domeniiledavidescu.ro and/or against the Seller’s company. In such cases, the Seller reserves the right to notify the competent authorities:
    • accessing another Client’s data by any means;
    • altering or modifying the Website’s content or any communication sent by the Seller;
    • impairing the performance of the servers on which the Website runs;
    • accessing, using, or disclosing to unauthorized third parties any content sent by the Seller to a Client who is not the legitimate recipient.
  • If a transaction is suspicious or declared suspicious, the Seller has the right and obligation to provide the necessary data (including the Client’s personal data) to public authorities, banking institutions, or other authorized entities that request it, in accordance with the law. The requesting entity is obliged to maintain the confidentiality of such data.

19. LIMITATION OF LIABILITY

  • The Seller cannot be held liable in any way to the Client for the use of the Website or its content, except in situations expressly regulated by these Terms and Conditions and by applicable legislation.
  • If a Client believes that any content published on the Website or transmitted by the Seller infringes their copyright or other rights, they may contact the Seller using the contact details displayed on the Website so that the Seller can analyze and take the necessary measures.
  • The Seller does not guarantee continuous and uninterrupted access to the Website and cannot be held responsible for any errors, technical malfunctions, service interruptions, or lack of availability.
  • The Seller is not responsible for the content, quality, or nature of other websites accessed through links displayed on www.domeniiledavidescu.ro. For those websites, full responsibility lies with their respective owners.
  • The Seller is exempt from any liability for direct or indirect damages suffered by the Client as a result of using the information or content on the Website, to the extent permitted by applicable law.
  • The Seller does not provide any guarantee that:
    • the Website service will permanently meet all of the Client’s requirements;
    • the Website will operate uninterrupted, securely, and without errors;
    • the information published on the Website is completely free of errors or omissions, although the Seller makes every effort to ensure its accuracy.

20. FORCE MAJEURE

  • Neither party shall be held liable for failure to perform on time or for improper performance, in whole or in part, of the obligations assumed under this contract, if such failure is due to a force majeure event or a fortuitous event, as defined by law.
  • Force majeure means any external, unforeseeable, absolutely insurmountable, and unavoidable event occurring after the conclusion of the contract and preventing the performance of the assumed obligations. A fortuitous event means an occurrence which, without having the characteristics of force majeure, could not have been foreseen or prevented by the party invoking it.
  • The party invoking force majeure or the fortuitous event is obliged to notify the other party in writing, as soon as possible but no later than 5 working days from its occurrence, and to provide appropriate evidence issued by the competent authorities (if applicable).
  • The party invoking force majeure or the fortuitous event must take all reasonable measures available to it in order to limit the consequences of the event.
  • If the effects of the event exceed a period of 30 consecutive days, each party has the right to notify the termination of the contract by operation of law, without either party being entitled to claim damages from the other.

21. DISPUTES

  • By using the Website www.domeniiledavidescu.ro and/or placing an order, the Client declares that they have read, understood, and agreed to these Terms and Conditions.
  • Any dispute that may arise between the Client and the Seller shall be resolved primarily through amicable means. If an amicable resolution is not possible, the dispute shall be submitted to the competent courts of Romania, at the Seller’s registered office, in accordance with the Romanian legislation in force.
  • If any provision of this document is declared null, illegal, or unenforceable, regardless of the reason, this shall not affect the validity and applicability of the other clauses.
  • This document is governed by and shall be interpreted in accordance with the Romanian legislation in force at the time of its drafting.

22. FINAL PROVISIONS

  • The Seller reserves the right to modify these Terms and Conditions, as well as the structure or content of the Website www.domeniiledavidescu.ro, at any time, without being obliged to give prior notice to Clients. Any modification takes effect from the moment it is published on the Website, unless otherwise specified.
  • The Seller cannot be held responsible for any errors appearing on the Website for any reason, including as a result of changes, settings, or updates not made by the Website administrator.
  • The Seller reserves the right to display advertising banners and/or links on any page of the Website, in compliance with the applicable legislation.

23. FEEDBACK

For any questions, complaints, or suggestions regarding the Website www.domeniiledavidescu.ro or the Seller’s activity, the Client may contact Domeniile Davidescu S.R.L. at:

Any comments, questions, ideas, suggestions, or other communications sent by the Client regarding the Website, its functionality, or the improvement of services will remain the property of the Seller and may be used by it without any obligation to provide compensation to the Client.

Issues related to orders, payments, or delivery will be resolved with priority by the team of Domeniile Davidescu S.R.L., using the contact details mentioned above.

 

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