Terms and conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING OUR SERVICES.
This document (published in electronic format at the address: (Terms & Conditions – cosminpoenaru.ro), together with all the other documents to which it refers represent what we generically call “Terms and Conditions” or “Terms”, that is, the rules that will regulate the situation between us, as the Seller and you, as a customer who decides to purchase a good or service from our website.
Who are we?
Below you can also find our identification data:
Business Name: Business Expert Premium Concept SRL
Registered office: Mihail Sebastian, nr 31 bl S8 SC 1 , et 8 ap 27 sector 5, Bucharest
Business number register: J40/3956/2021
Unique identification code: 43855614
And Poenaru Mihai Cosmin Law Office
In addition to the official name above, you can also find us under the brand name “CosminPoenaru” or “CosminPoenaru.ro” – throughout this document we will refer to us under the name of “The Organization”, “The Seller”, “The Company”, “CosminPoenaru” or “CosminPoenaru.ro”. We are a company that offers products and services through the CosminPoenaru.ro website and its subdomains or affiliated sites such as (hereinafter collectively referred to as the “Site”) and /or other tools made available to the Seller for accessing e-learning services, as well as all media profiles / pages associated with this brand, including, but not limited to Facebook, Instagram, Youtube, LinkedIn, Spotify, Apple Podcasts, Google Podcasts, Anchor.fm (and other podcast aggregators) and all of them we will refer to “Platform”).
Accessing the Platform implies the unconditional acceptance of the Terms and Conditions that we will detail below. If you do not accept these Terms, we will not be able to enter into a contract with you, i.e. we will not be able to deliver the products to you or provide you with the services you request from us, including responding to any requests you may have.
Who are you?
You are a person who arrives on the Platform in search of a Product that we could offer you. You are currently a Site User. When you place an order with us on the Site, and we will start the necessary steps to honor it, you will become a Customer, because you will enter into a contractual relationship with us (through a contract that is concluded at a distance, that is, by electronic means).
Because there are already a lot of details and information that we must take into account, we decided to define certain terms that we will currently use, in order to facilitate the passage of the document. You can find these terms below:
The following capitalized terms shall have the following meanings, unless expressly stated otherwise:
“Seller” or “Provider” means LSE PRVCY LTD S.R.L., a limited liability company, as identified in section 1.1
“Products” means any goods (products) or services that are offered to the Customer for purchase, for a fee, through the Platform.
“Customer” means the individual who accesses the Platform and places an Order for the purchase of the Products offered for sale by the Seller. The Client also means a legal person who places an Order through a natural person on his behalf.
“Order” means an order placed by the Customer through the Platform through which the Customer expresses his commitment to purchase one or more Products, under the conditions set out in this document and / or agreed with the Seller through a means of distance communication.
“Account” means the section of the Platform accessible to the Customer by using, with the role of identification, an e-mail address and password, which allows the Customer to submit an Order and which contains information about the Customer and the Client’s history in the Platform (e.g., previous Orders, tax invoices, etc.).
“Contract” means the consensual remote agreement between the Seller and the Customer, without their simultaneous physical presence, regarding the sale, respectively the purchase, of one or more Products on the Platform, by launching an Order by the Customer and its acceptance by the Seller, in compliance with the legal provisions and the terms and conditions for the online sale of the Seller’s services and products. As a rule, the Contract is concluded in the Romanian language.
“Platform” means the websites owned or used by the Seller, including pages and profiles on social networks, having the domain CosminPoenaru.ro and its subdomains or affiliated sites and, if applicable, their subdomains and using the Seller’s logos, through which the Seller presents the Products offered for sale, and customers can choose the Products they wish to purchase, respectively to pay them in one of the payment methods accepted by the Seller. The Platform is also used to process and manage Orders in order to deliver products and record payments related to their sale. Where there is also an Application, the Platform shall include, where applicable, this component as well.
“Specifications” means any details regarding the characteristics of the Products as stated in the description available on their packaging and on the Platform.
“Transaction” means the payment transaction performed by the Customer, respectively the collection by the Seller of a sum of money as a result of the sale by the Seller, respectively the purchase by the Customer, of one or more Products.
This document establishes the terms and conditions applicable to the relations that arise between the Seller and each Customer who uses the Platform in order, on the occasion of or after making an Order.
Headings are included in this document for ease of scrolling and structuring the document and will not affect its interpretation.
For the avoidance of any doubt, in accordance with the business policy established independently and unilaterally by the Seller, the sale in the online environment (i.e., through the Platform) of the Products usually marketed by the Seller is made to consumers, natural persons or legal entities. If certain Products are limited only to a certain category of Customers, this will be specified in the Specifications or in another visible place near the Product (such as, for example, certain Products intended only for legal entities or only individuals)
We reserve the right to modify the Terms at any time, and their updated form will be accessible by Customers on the Platform in the “Terms and Conditions” section. The relationship between the Seller and the User/Client will be governed by the form at the time of accessing the Site, respectively placing the Order.
These terms and conditions applicable to online selling are available to Customer for storage and reproduction.
Platform Policy. Main features of the online sale by the Seller
In short: we must all have the right attitude and not use the Site in ways that are contrary to the law or morals. If we suspect that your intention is not to search for or purchase information about the Products, we reserve the right not to allow you to place an Order or even limit your access to the Site. The order you place with us on the Site will be deemed accepted only when we confirm this to you.
Access to the Platform in order to make an Order is allowed to any potential Customer who acts with a legitimate purpose and who intends to purchase from us one or more Products, in compliance with these terms and conditions.
By Client we mean a legal or natural person who is: (a) at least 18 years old or (b) at least 14 years old, who have received authorization from a parent / guardian / legal representative to be able to access the Site. If you have authorized a minor to use the Site, you are responsible for their entire conduct on the Site, including any action the minor may take.
Misuse of the Platform is strictly prohibited. Represents abusive use of any kind of use of the Platform in a way that is contrary to fair business practices, the legislation in force or in any other way that would be likely to harm us or our Affiliates / Partners in any way (by “Affiliates” we mean people from the same group to which we are part, and through “Partners” the persons with whom we have a collaboration relationship).
We reserve the right to deny you access to some or all of the functions of the Platform and to restrict the processing and/or delivery of an Order if, in our reasonable opinion, there are suspicions of fraud on your part, if this is conduct that may harm our interests or those of our Affiliates / Partners or if you misuse the Platform.
By using the Platform and, as the case may be, registering an Order, you accept and agree to the form of distance communication (e.g., telephone or e-mail) through which we carry out our operations.
All information used to describe the Products (including, but not limited to, static or dynamic images, descriptive text, graphic or video presentations) do not impose any obligation on our part, as they have the sole role of presentation and information. We will do our best to ensure the accuracy of the pricing information, Products and their Specifications presented on the Platform.
If the prices or any other details in connection with the Product Specifications have been erroneously displayed on the Platform, for any reason, and you have placed an Order, we will inform you by e-mail or by another agreed means of communication, as soon as possible, of such an error.
We will be able to publish on the Platform information about products and / or promotions that we have, either ours or those of our Affiliates / Partners, within a certain period of time and within the limit of the available stock. Please note that there may be situations where we will not be able to display the stock or update the data in real time, but we will inform you before we confirm the Order, and you will be able to decide whether or not to accept the new conditions.
Products that are the subject of sale as part of a promotion or campaign of any type will also be subject to the terms and conditions applicable to that campaign or promotion, which we will bring to your attention.
Any promotions presented on the Platform are valid for the mentioned period. If a duration is not indicated for the promotions, they will be valid within the limits of stocks / places available or for the duration that we consider appropriate to achieve our objectives.
The notification received by e-mail by you after making the Order regarding the taking over of that Order has the role of informing and does not represent the acceptance of the Order by us. The order is considered accepted by us at the latest with the delivery, respectively the delivery in electronic format, of the Products ordered by you. If you have already made the Payment for that Order and we will not accept it, we will refund the transferred amounts to you.
For justified reasons (including, but not limited to, the lack of products in stock, such as reaching the number of seats at an online or off-line event), we reserve the right to change the type or quantity of products in the Order. In such a situation, we will notify you immediately of the change, and you will be able to accept or refuse to modify the Order. If you refuse, the Order is considered cancelled and the parties will be reinstated in the situation prior to the issuance of the Order (including by refunding us of any amounts collected, which is the case) and without any liability to you.
The Order is accepted and the Contract is considered concluded between us and you, when you receive a notification of dispatch (by phone call / SMS / e-mail / push notification or otherwise) of the Products in the Order (when we are talking about physical, tangible goods), when we start providing the Services, when we provide you with a link to download or an e-mail to access the Product or as indicated in the Specifications.
Please note that this document is part of the Agreement (together with all other documents to which we refer, as well as any further agreements between us and you regarding the Order, whether they are made in writing, on electronic media or on physical support.
You can generally contact us at the e-mail address in the “Contact” section of the Platform for any questions or problems you have with the Order, including to identify and correct any errors that occur when entering the data. Depending on the technical developments of the Site or the Application, you may also have at your fingertips other methods of communication with us (such as online chat, communication from your Client account, social networks, etc.) that we will bring to your attention. However, if you do not tell us about these matters prior to the issuance of the notice or the commencement of the provision of the Services, these changes will no longer be made except in exceptional cases, which do not involve a disproportionate effort on our part and which are legally valid.
Please note that only the official communication channels that we indicate will be considered when we handle your request. Therefore, if you have decided to contact us by another way, this will not be formally taken into account, but we will make every effort to respond to you in a timely manner, depending on our ability.
In short: we explain to you how you can place an order for a Product, how we process orders, what our rights and obligations are, when we consider an order completed and how you should proceed to make the Payment.
You will be able to place an Order through one of the ways indicated on the Site, respectively by adding a product to the cart and going through the steps to complete the payment. At this time we do not accept placing Orders via social networks, telephone or e-mail. If you contact us to place an order, we will guide you to placing an order on the Site and we will help you complete it, but we will not be able to place the order for you. From here are exempted those personalized Products, for which you receive a specific offer, in which case we will either send you a private link, which only you will be able to access, or we will send the invoice directly by e-mail.
You will be able to place an Order, consisting of one or more Products, through the Platform, with the registration of an account in advance, by adding the desired Products to the shopping cart. If the Products need to be modified as specified, you will need to choose one of the options if it is available or provide us with certain additional information at the time of placing your Order. If you fail to do so, we reserve the right not to be able to make any further changes to the Order, especially if it would include a disproportionate effort on our part (such as not telling us from the beginning the number of existing associates / administrators, what changes we need to make in the operations or the like).
You will be able to create an Account in the dedicated section of the Platform, according to the instructions existing on the Platform at the time (such as with an e-mail address and password, identification with a social network account such as Facebook / Google or other available method). If you create an Account, you will be able to manage more efficiently the Orders placed on the Platform, having the possibility to view in the Account information about previous Orders, fiscal invoices, etc.
Orders can be placed at any time, but as a rule they will be processed only on weekdays, between 8 a.m. and 5 p.m. Any Order placed on a Saturday, Sunday or any day declared by law a public holiday will be processed on the next business day. In the case of Electronically Delivered Products, processing may occur automatically and the Product may be delivered immediately after the Transaction has been made, usually depending on the payment method chosen.
We reserve the right to validate Orders prior to their fulfillment and we will contact you by phone, email or other available method, and you expressly declare that you accept this right of ours.
Adding a Product to the shopping cart, in the absence of completing the Order, does not lead to the registration of an Order and implicitly to the automatic reservation of the Product added to the shopping cart, but not paid.
The order will be considered finalized by you paying in full the price of the Products in the Order, through one of the payment methods accepted by us as expressly indicated on the Platform and which you can consult at the latest at the beginning of the Order formulation process. If it is available and you choose the payment by bank transfer / payment order / internet banking, the payment will be considered to be received by us at the time of the actual debiting of our account indicated on the proforma / fiscal invoice. Please note that from the moment of making the payment by you, it may be even 7 days before the payment can be effectively identified in our account, in which case the Payment is not considered completed. Once added to the shopping cart, a Product is available for purchase to the extent that that Product exists in the Seller’s stock. Also, please note that we will not consider a Payment made if you send us a copy / proof of the payment order by e-mail, until such time as the transferred amount has not actually entered our account.
By completing your Order, you confirm to us that all the data you have provided is correct, complete and true at the time of placing the Order. By placing an Order, you explicitly acknowledge that the Order implies your firm obligation to pay the “total payment amount” indicated. Other changes to orders (such as identification data, e-mail addresses or delivery addresses will only be made if technically possible, without incurring an additional cost of ours).
If, as a result of the discussions we will have later with you, it appears that other additional operations are required to carry out the Services (such as updating administrator / associates data, updating company identification data, the existence of associates / administrators, legal person Romanian / foreign, etc.), we will communicate to you the new tariffs and ask you if you agree. To the extent that you do not agree with the new tariffs, we will proceed to return the amount paid by you in the same manner as they were paid, where possible; thus, the return of the amount will be made through the bank transfer
By creating an Account or, as the case may be, completing the Order, you agree that we can contact you, by any available means, namely automated call system without human intervention, fax, e-mail, in any situation in which it is necessary to contact you in order to complete and process the Order. The lack of a response from you, through one of the communication methods made available through the Platform to our requests may lead to the invalidation of the Order.
Products purchased through the Platform may not be resold or distributed for commercial purposes, being intended for personal use, unless otherwise stated in the Specifications. To the extent that you wish to use the Ordered Products also for professional use (such as, for example, for customers you have), please contact us to discuss a personalized licensing offer. Also, please note that in the case of Products with online access, the Sale is nominal, so access credentials (such as username and password) will not be able to be transmitted to another person. In the case of webinars, masterclasses or other events with physical presence, the booking and participation in the event is nominal and changes can only be made if this is possible from a logistical point of view and does not involve costs on our part. As a general rule, we reserve the right to limit the purchase of products to a maximum number of Products for each Customer, the number being independently determined by the Seller and communicated to the Customer prior to placing the order, either at the Specifications or in the general policy regarding the management of the Products.
If you do not comply with the above provisions, we reserve the right to claim the difference in amount for each Product you have submitted further, whether you have partially modified it or not, and this right does not exclude our possibility to fully recover the damage suffered, by any method recognized by law, including by contacting those people where we find the documents to ask them for information regarding the purchase of the Products.
We will be able to subcontract a third party to deliver the Products that are the subject of the Order, about which we will inform you (such as, for example, at the time of completing the Order when we tell you what courier we are transporting with or when we communicate your data to the AWB), without your consent being required. Also, in order to offer certain Products, such as webinars, distance courses, etc. we will be able to call on service providers specialized in this regard (including online platforms), without your consent being required.
We may cancel an Order placed by you, with concurrent or subsequent notice, and without such cancellation incurring any liability of ours to you in the following cases:
The bank that issued your card does not accept the Transaction in case of online payment;
our card processor we work with does not validate or invalidate the Transaction (for example, either because there are insufficient funds or for other reasons, according to the processor’s policy), in the case of online payment;
the completion of the Payment is not made within the deadline indicated by the proforma invoice, in the case of payment by bank transfer / internet banking;
the data you provide to us when accessing the Platform is incomplete or incorrect;
do not confirm our Order when we contact you for this purpose;
we reasonably believe that by accessing the Platform and placing the Order you pursue an unlawful purpose or that may cause any damages to us, our Affiliates or Partners;
any of the terms and conditions in this document have not been complied with exactly.
Prices. Invoicing. Payment
In short: in order to benefit from our Products, you must pay the amount indicated for them, as displayed at the time of completing the Order, through one of the available ways (card payment / bank transfer).
The prices of the Products displayed on the Platform or communicated to the Client are expressed in Lei and may or may not include VAT according to the legislation in force, as they will be displayed on the site. Any shipping or delivery charges are not included, unless this is expressly displayed at the time of completing the Order. The prices valid for the Products are those displayed on the Platform or communicated to the Customer at the time of completing an Order.
Please note that in certain cases, such as the Trade Register services, these prices may be changed, depending on the details you communicate to us later (for example, other operations are necessary to perform, the administrators / associates are legal or foreign persons, etc.). In these cases, we will communicate the new price to you, and if you do not agree, we will refund the initial amount and cancel the order.
We will be able to update the prices of the Products at any time and such update will replace any previously displayed prices for those Products.
For those Products for which we cannot indicate in advance the price and / or, as the case may be, all additional shipping or delivery costs, we will be able to provide you with a price calculator or contact you by e-mail / through the Account created for this purpose.
We will issue you an invoice for the purchased / delivered Products, your obligation being to provide us with all the necessary information according to the legislation in force for the issuance of the invoice by us – please pay more attention when entering the data, because we will not be able to modify the data in the issued proforma / fiscal invoices. In the case of Payment by bank transfer, we will initially issue a proforma invoice, and after our account is debited with the related amount written on this invoice, we will proceed to the issuance of the fiscal invoice. If you do not transfer the money within 7 calendar days, we will cancel the Order and, if you wish, you will have to place a new Order, in which case the prices may differ.
As a general rule, we will send you the invoice for the Order for the Products sold/delivered either in material format (on paper) when delivering the Products, or in electronic format, by e-mail and/or to your Client account, which we encourage you to constantly check (we may also reach the SPAM folder, so please check there too).
According to the legislation in force in Romania, when we accept the payment by bank card, we will not request additional payments.
In the case of online payments, we are not and cannot be held responsible for any other cost incurred by you in addition to the price of the Product purchased including, but not limited to, bank transfer or currency conversion fees applied by the Customer’s card issuing bank, if the currency of the card issue differs from the currency in which the sale is made.
In the case of products with monthly recurring payment (such as the premium subscriber account), you give us your consent from the very beginning to withdraw a monthly amount indicated at the time of placing the Order. If you no longer wish to benefit from these options, you can always opt out of the Product from your Account. Please note that any amounts already previously paid will not be returned.
You are fully liable for any payment made by error, mistake or made without waiving our Products (such as in the case of recurring monthly payments). In these situations we will not return the amounts of money already paid, being solely liable for these payments.
Delivery of Products & Provision of Services
In short: we will only deliver the Products and provide the Services after you pay for them in full through one of the ways displayed on the site.
Delivery of Products
Depending on the specificity of the products / services, the delivery of the Products may be made either in electronic format (when we are talking about digital products / services or confirmations of participation in an event), or in physical format, at an address communicated by the Customer at the time of placing the Order.
In the case of physical products, the Delivery of the Products will be made [anywhere in Romania/, in the European Union/, USA/other states], within the term communicated before the completion of an Order. Please note that this delivery time is an indicative one, based on previous orders in the respective areas and that it may be subject to changes, about which we will make every effort to notify you in a timely manner. We will not be liable for delays in the delivery of Products arising from reasons not attributable to us or due to the fault of a carrier (i.e., courier, post, etc.).
The delivery of the Products will be made for a fee or free of charge, depending on the conditions applicable to the Order, which will be communicated to you before completing the Order. If this is the case, we will inform you about the available delivery methods and you will be able to choose one of these methods before completing the Order.
If, on the occasion of the delivery of the Products, we cannot find you at the address indicated in the Accepted Order, the delivery will be attempted once again, after which the Products will be returned, you will bear the costs of a new shipment, regardless of the value of the Products ordered.
We will make every effort to ensure the proper packaging of the Products together with the Specifications and all the necessary accompanying documents.
In the case of digital and electronic products, the Delivery of the Products will be made in electronic format, by providing a code, download link or other method that we make available and that we will communicate to you by e-mail / in your Client Account. Delivery will be made after the full payment of the Products has been made. Please constantly check both in your inbox and in your SPAM / other / promotions / updates folders, depending on the email client you have.
The download link will be valid for 5 days from the moment of ordering and confirming the payment, by e-mail and in the Client Account. If you do not download the Product within 5 days, you will not be able to access it later. It is very important that when placing the Order you enter a valid e-mail address, which you currently use, because there you will receive all the details. Please note that the documents will not be sent as attachments to the e-mail and will not be sent to any other address indicated later, but only to the e-mail address in the Order.
We reserve the right to delay or cancel any delivery of the Ordered Products if it cannot be honored for reasons beyond our control, which include but are not limited to: force majeure events, wars, acts of terrorism, protests, riots, civil unrest, fires, explosions, floods, epidemics, pandemics, strikes, etc.
Provision of Services
In the case of the provision of services, such as services related to operations to the Trade Register or other authorities, please note that you are solely responsible for the information and documents transmitted.
CosminPoenaru will not be liable for any damage, directly or indirectly, arising from the fact that you did not communicate all the data to us, that you did not provide them in time or that the documents transmitted are erroneous or incomplete.
When we send you the documents for signature, you are obliged to check the accuracy of the data and to notify us if certain data is erroneous or incomplete. We will consider that if you return our documents without any mention, everything is fine and the data is correct, you being solely liable for any damage, delays or compensation.
In order to complete the operations at the Trade Register, you mandate the company LSE PRVCY LTD SRL to submit, through the persons it chooses, according to its own independent decision, the documents in your name and on your behalf. Any additional fees, which must be paid to the competent authorities and courier services will be re-invoiced later to you, by applying a percentage of 10% in addition to the respective fee.
Please note that we will make every effort to send you the documents in electronic format with electronic signature issued by the competent authorities, but we will not be liable for those situations in which the authority does not communicate this information to us, although we have requested it. The subsequent transmission of the documents by the authorities will be made to CosminPoenaru, and we will then send them to you through a courier, whose costs you will bear (payment at destination).
Also, if from the moment of placing the Order by you through the Platform, even paid, you do not provide us with all the documents and information requested by us within 15 days from the moment of placing the Order, the Order will be considered as completed. As far as possible, you will need to place a new Order, according to the terms and conditions in force from the time of placing the new Order.
In the case of providing consultancy services, you are solely responsible for the documents and information provided to CosminPoenaru. The answer we give you is customized according to the details you send us and cannot be sent further to a third party. Any decision you make based on the answers and information provided by CosminPoenaru, including through the blog, belongs entirely to you and we are not liable for any damage, directly or indirectly, compensation, fine or any other kind of taxes or penalties that you may receive later.
Please note that the transmission of requests for information or consultancy through the Platform, in the absence of payment of the value of these Services, is not required to be resolved. However, given the nature of our work, namely providing information and explaining the legal field for everyone’s understanding, we may choose to respond to certain requests in writing, orally or through articles, subject to confidentiality.
In the case of the documents found on the Platform, CosminPoenaru will not be liable for any damage, directly or indirectly, that could be caused by your use of those documents. Please note that the documents provided are not a legal consultation and are not intended to replace expert advice, and you expressly assume this when you purchase our Products and Services.
Transfer of risk and ownership of the Products
In short: after you buy a Product from us, all risks pass to you.
If we personally deliver the products to you, the risk of loss of or damage to the Products is transferred to you when you or a third party designated by you other than the carrier takes physical possession of the Products.
If we use third parties to make the Delivery (such as courier services, postal services or third parties), the risk will be transferred to you at the time of delivery of the Products by that carrier, without prejudice to the rights you have towards it (for example, when the carrier damages your Products).
Ownership of the Products will be transferred upon delivery, after you have made the payment, to the delivery location indicated in the Order. The delivery will be considered made by signing by you of the transport document provided by the courier or by signing the receipt on the tax invoice or on another delivery document in the case of deliveries made by the Seller.
In the case of digital products, you will receive a non-exclusive, unlimited license (until the moment we decide to withdraw it), the ownership remaining ours or that of the person expressly indicated in the Specifications/ other place of identification. We remind you that our Products are intended for the Customer’s personal use, not for persons other than those indicated by the order, the license being limited only for the Customer’s use.
The Client’s right of withdrawal
In short: Our products are exempt from the right of withdrawal in accordance with applicable law.
Please note that most of the Products on the Platform are Products for which the law does not oblige us to provide a right of withdrawal and, implicitly, the return of amounts of money already paid as a result of the Transaction.
Our products are: (a) digital licenses (access based on username and password), (b) electronic documents, (c) services, for which you expressly agree that you agree that the amounts paid are not refunded, the delivery of the Product being considered to be made with full execution at the time of making the Payment in exchange for access to points (a) and (b) and at the time of execution of the services in case (c).
In exceptional cases, we may decide, at our sole discretion and discretion, to reimburse certain amounts (total or partial) according to certain particular cases, according to our commercial policy, but does not entail our liability or obligation to do so consistently.
In short: Our products benefit from the guarantees provided by the legislation in force and which apply to us. If the warranty is not applicable (i.e. to specific services or Products), we will indicate in the Products’ right the existing warranties or in our general order management policy.
Physical Products Warranty
All physical products sold by us benefit from the legal guarantee of conformity, according to the legislation in force. Clear details related to these guarantees are given by the product sheets and no Customer can request an extended warranty, for a longer period than that mentioned in the Specifications / manufacturer’s sheets / other documents provided by the Seller. The warranty applies to normal conditions of use and is valid only for products purchased and paid for by the Customer from the Seller.
In accordance with the legislation in force, if applicable, the Products benefit from a guarantee of conformity according to Law no. 449/2003. If an extended warranty period is specified in the presentation of the Product, then the longer term will apply.
Our liability, in accordance with the provisions of Articles 9-14 of Law no. 449/2003, will be able to be engaged if the lack of conformity occurs within a period of 2 years, which is calculated from the Delivery of the Product, for products with an average duration of use of at least 2 years.
The warranty involves the following steps: (a) the repair of the Products, (b) the replacement of the Products and (c) the reimbursement of the value for the non-compliant products.
Electronic/Electronic Access Products Warranty
In the case of electronic/digital products that require immediate access, you agree that you will not benefit from a legal guarantee in accordance with the provisions in force.
However, since our desire is to have satisfied customers at all times, we will be able to implement a commercial guarantee policy for certain types of Digital Products offered through which we can return the amounts paid (in whole or in part) within a certain time limit.
The exact conditions for the reimbursement of the amounts referred to above in point 8.2. (3) shall be indicated next to each Product.
In short: everything you see on the Site belongs to us in terms of intellectual property or we have the right to use them, and you undertake not to violate these rights and not to use anything on the Site without our consent.
The trade names, trademarks, copyrights and any other intellectual property rights registered or in the process of registration relating to the Products owned or used by the Seller are and shall remain the exclusive property of the Seller or, as the case may be, of the Seller’s licensors. The customer will have no right or claim with respect to them.
The User/Client shall not act in any way that could prejudice the rights provided for in article 9(1) above. The User/Customer undertakes not to use in his/her activity any sign or name similar or identical to the trademarks, trade names of the Products, etc., either as part of a name or in any other way.
All information available on the Platform (including, but not limited to, static or dynamic images, text, logos, symbols, commercial representations, videos, etc.) that can be viewed or accessed in any way through the use of an electronic device, the content of emails sent to the User / Client by the Seller, any information communicated to the User / Client (including, but not limited to, data relating to the Seller, its activity, etc.) by any means by a representative of the Seller are and remain the exclusive property of the Seller, the Seller being reserved all the rights it obtains in this regard directly or indirectly (such as through use and / or publication licenses, exclusive / non-exclusive, limited / unlimited in time, etc.). The User/Client may copy, transfer and/or use such data only for personal purposes or outside of an activity carried out on a professional basis and only if it does not conflict with these terms and conditions.
It is expressly forbidden any other way to use the content available on the Site / Platform for purposes other than those permitted by this Agreement or in the conditions of use that accompanies it, if any.
Publication of articles and other materials
When you publish an article on the Platform or on social networks, you exclusively assign us the copyright in those materials, without the pretense of consideration. By ceding the copyright and other related intellectual property rights, we will be able to use your materials in any subsequent form, through written press, online, video materials, audio materials, presentations, social media posts, etc.
To the extent that you will want to publish those materials in another publication, whether it is online or offline, written press, specialized magazines, etc., you undertake to mention the initial source of the article published in our country, of the type “Published on XXX, on the website CosminPoenaru.ro, ISSN (ISSN-L): 2558-9954” with direct link to the article.
To the extent that you decide not to collaborate with us anymore, we reserve the copyright in your creation, which we will be able to use as we see fit, with or without mentioning you as an author.
Presence in podcasts, video interviews, events, live
In the event that you are invited to a podcast, video interview, event, social media live or other similar event, you agree that you are exclusively assigning to us your copyright and any other intellectual property rights, without claiming material consideration.
By ceding the copyright and other related intellectual property rights, we will be able to use your materials in any subsequent form, through written press, online, video materials, audio materials, presentations, social media posts, etc.
To the extent that you decide not to collaborate with us anymore, we reserve the copyright in your creation, which we will be able to use as we see fit, with or without mentioning you as an author.
Advertising & commercial communications
In short: when we do direct marketing activities, we ask for your consent in advance. But there will be situations where we will send you commercial communications based on our legitimate interest, as we explained it to you in the Information Note.
Most of the materials you find on the Platforms are available for free, for download. When you download these Products, you will agree to subscribe to our newsletter, in order to be up to date with the latest news we publish, information about new products and services that we launch, campaigns we run and possibly offers from our partners. These offers will not be submitted separately, but will be part of our current communications, where applicable
We also use affiliate marketing tools. This means that if you click on the links in the articles that lead to outside sites and place an order there, we will get a commission as a result of this transaction. It doesn’t cost you anything, and you help us carry on our education and information projects.
When we have advertorials on our pages, we will expressly indicate them and make full disclosure. We don’t want to mislead you or purchase a product or service that you’re not comfortable about.
You can express your consent to receive commercial communications by e-mail or social networks, allowing us and our collaborators to make such communications, by ticking the specific option at the end of these terms and conditions or in the dedicated area of the Platform.
You can revoke your consent to such commercial communications at any time by:
opting out of receiving Newsletters or commercial communications, at any time, by accessing the dedicated link found in any Newsletter;
ticking the option to withdraw consent in the dedicated section of the Platform, where it exists.
This procedure will be mentioned in all commercial communications that we will send you.
Our newsletters and commercial communications are transmitted through specialized partners and approved by us, with whom you agree.
Your waiver of receipt of Newsletters or other commercial communications does not imply the waiver of the acceptance given for the remaining terms and conditions regarding the online sales made by the Seller and will only take effect for the future, the previous processing being considered to be legal. Please note that even after sending the revocation of consent you will receive for a short period of time commercial communications from us, until the complete update of the database is made or in the case of a back-up.
We reserve the right to select the persons to whom it will send Newsletters and other commercial communications, as well as to remove from the database any User or Client who has previously expressed his/her consent to receive the Newsletter and other commercial communications, without any subsequent commitment or any notification from us, and cannot be held liable for these actions.
When you place an order for a service or product of ours, we reserve the right to display your logo on the website or in other materials for presentation purposes, as we deem appropriate, with or without identifying our services provided to you. In this regard, you grant us a non-exclusive, perpetual license for the maximum time provided by law, valid until the moment of withdrawal, to display the respective logo or to mention it. If you do not want your name or logo to appear on the website or in other advertising materials, please write to us.
In short: we are not liable for any damages resulting from the purchase of products on the Platform.
The content of the Products does not constitute a legal consultation under Law no. 51/1995 and will not be used by the Client on the basis of these presumptions.
We are not responsible for the successful implementation of the steps before the competent authorities (such as the National Trade Register Office). We pride ourselves on a rate of over 95% success of our operations, but sometimes things are not as predictable as we would like and other operations are needed to carry out the Services.
We are not responsible for the accuracy of the information you transmit to us, you are solely responsible for any data you provide to us. We will make every effort to identify at the right time all the documents and information we need to deliver the requested Products or Services, but we cannot be responsible for the information and documents you communicate to us.
Our obligation is not an obligation of result, but one of diligence, which means that we will do everything we can to deliver the Products or Services, but we cannot guarantee their performance, and you expressly agree to this.
The documents provided represent a template, a starting point that we have designed so that you can customize it according to the specifics of your activity. These documents are not intended to be applied universally. We encourage you to always seek expert advice in connection with the drafting and review of documents.
In short: you are responsible for the orders placed, the data provided and the way you use our Site, including social networks.
Content generated by you as a User or Client
All content (text, photo, video, etc.) that you post through the Platform (such as product reviews, messages transmitted, posts on social networks in which you tag us, social media shares or comments left on social networks), hereinafter referred to as “Content” is the sole responsibility of the person who created such content.
Although we do not routinely monitor content posted by Users/Customers, we reserve the right to do so and remove content that violates these Terms (or applicable law) that we are aware of but have no obligation to do so.
In case we are held liable for the content posted by the Users / Clients on the Platform, we reserve the right to appeal against the respective User / Client for a full compensation of the damage suffered.
Any use or reliance on any content or materials posted through the Platform or obtained by you through the Platform is at your own risk. If we are notified by a third party that the content you submit or post violates these Terms or any applicable law, either by letter or in the spirit of these Terms, we reserve the right to remove such content from the Platform without prior notice to you.
We do not encourage, endorse, represent or guarantee in any way the accuracy of the content or communications posted through the Platform, nor do we endorse and / or join the opinions expressed by users / customers on the Existing Products through the Platform, who are solely responsible for that content.
By using the Platform, you agree and accept that you may be exposed to content that may be defamatory, denigrating, inaccurate or inappropriate or, in some cases, that there may be misleading posts. We shall not be responsible in any way for such content, including but not limited to errors or omissions or for any kind of material or non-material, direct or indirect harm that has been posted, transmitted by email or social media or otherwise made public through the Products, the Platform or otherwise.
Use of the Platform
You will not use the Platform:
in any way that violates any local, national or other laws or regulations or any order of a court of any relevant jurisdiction;
for any purpose not permitted by these Terms;
in any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights or other private or contractual rights;
to distribute advertisements of any kind or post or otherwise to communicate any false or misleading material or message of any kind, including with respect to competitors, potential competitors, etc.;
in any way that, intentionally or unintentionally, harasses, threatens or intimidates any other User or visitor;
in any way that whether intentionally or without, promotes or incites to, racism, violence, hatred, or physical or moral harm of any kind;
in any way that is abusive, defamatory, inaccurate, obscene, offensive or sexually explicit;
Post photos or images of another person without their permission (and if they are a minor, the minor’s legal guardian’s permission);
promote illegal activities or in any way that leads to the encouragement, acquisition or pursuit of any illicit or criminal activity or that may cause injury, suffering or inconvenience to any person;
access, manipulate, cause damage to, or use non-public areas of the Company’s Services, computer systems, servers or equipment, or our suppliers’ technical delivery systems;
access or attempt to access data of other Users of the Products/Platform or to penetrate, access, penetrate any of the security measures relating to the Products or to probe, scan or test the vulnerability of any system or network, or to violate or avoid any security or authentication measures;
in any way that, intentionally or not, misleads or is aimed at deceiving another User or visitor of the Platform;
introduce any malware, virus or other harmful software (worm) that harms or interferes with the operation of the Products offered, including but not limited to cancelbots, denial of service attacks, time bombs, worms, Trojan horses, viruses or any other malicious software or hardware;
interfere with or disrupt (or attempt to do so) the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mailing the services, or writing content-creating scripts in such a way as to interfere with or create an undue burden on the services;
copy, modify or distribute the content of other Users without their consent;
for commercial purposes other than as expressly permitted in these Terms;
bypass measures used to prevent or restrict access to the Products;
request or provide illegal services;
harvest or collect information about other Users or visitors without their consent;
gain unauthorized access to the Products, the server on which the Products are stored, or any server, computer or database connected to the Products;
falsify any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Products to send altered, misleading or false source information;
scrape, crawl, or otherwise retain or otherwise use the Products or any content for phishing, spam, trolling or any unauthorized (commercial) purpose; or
promote or support or request involvement in any other political, religious (recognized or unorganized) platform or cause, worship or sect of any kind.
We are not liable for any damages caused to you as a User or Customer or to any third party as a result of our performance of any of our obligations under the Order, nor for damages resulting from improper use of the Delivered Products. To the extent that the limitation of liability as set out above is not possible under the applicable laws, we will be liable within the limit of the value of the Products that have formed the object of the Order.
You undertake to keep your Account username and password safe, being solely responsible for their fraudulent use by a third party.
We are not liable for any damage caused by any technical malfunctions of the Platform (e.g., impossibility of accessing any link on the Platform).
Complaints and complaints
You may generally contact us at the e-mail address in the “Contact” section of the Platform for any questions or problems you may have with the Products, including to identify and correct any errors that occur when entering the data. Depending on the technical developments of the Platform, you may also have at hand other methods of communication with us (such as online chat, communication from your User account, social networks, etc.), which we will bring to your attention. However, if you do not tell us about these issues prior to the issuance of the notification or the commencement of the provision of the Products, such changes will no longer be made except in exceptional cases, which do not involve a disproportionate effort on our part and which are legally valid.
For complaints or complaints related to the Products, you have at your disposal the notification form available on the Platform or other available contact mode, depending on the technical developments of the Platform. If there is no section dedicated to referrals, you will be able to follow the procedure described above.
The complaints thus received will be resolved by us within 30 (thirty) calendar days from their receipt.
Please note that we are not obliged to respond to requests for information and advice coming through the Platform in the absence of payment of the value of the respective services.
Neither the Seller nor the Customer will be liable for the non-performance of its contractual obligations, if such a non-performance on time and / or correspondingly, in whole or in part, is due to a force majeure event as defined by the Romanian Civil Code.
If within 15 (fifteen) days from the date of the occurrence of the force majeure event, the respective event does not cease, either of the Seller or the Customer shall have the right to notify the other party of the termination of the Contract without any of them being able to claim the other damages.
Governing law & dispute resolution
This document represents a legal contract concluded at a distance, accepted by its simple ticking and is subject to Romanian law.
We will all try to amicably resolve any disputes or misunderstandings that may arise. To the extent that amicable settlement will not be possible, disputes will be settled by the Competent Romanian Courts according to the law.
Details on alternative dispute resolution methods are available here:
Changes to this document
It is possible that at certain time intervals we will modify this document and we will decide what is the optimal manner of notifying users (pop-up, push notification, e-mail, etc.). Therefore, we recommend that you go to this page to always read the latest version.
This document was last updated on 25.5.2022