Terms & Conditions
1. Defining elements
1.1. The site www.guanako.com (hereinafter referred to as “Site”) is managed and owned by PG & TY Logistics SRL, whose registered office is at 40ª Preciziei bld, 2nd floor, 3rd office, Bucharest, Romania, unique registration code RO4111630, no. for registration at the Trade Register J40/7488/06.06.2019 (hereinafter referred to as ‘we’, ‘our’, or ‘us’).
1.2. In this document the following terms are used as:
We recommend that you read these documents carefully.
2.1. The Seller reserves the right to modify the Terms and Conditions at any time, without prior notice or without specifying the reasons. The changes will be made by updating this document, becoming mandatory and with immediate effect. If you do not agree with the changes made, please stop accessing and using the Site. Continuing to access and use the Site or purchase the Goods and Services presented on the Site by you after modifying this document will constitute acceptance of the changes made.
3. Contractual documents
3.1. When placing an Order, the Buyer agrees to receive electronic sales messages from the Seller by mail and / or telephone. Placing an Order on the Site will be followed by an e-mail and / or telephone, which certifies the placement of the Order and the fact that it is to be processed by the Seller’s representatives. This e-mail, as well as telephone or other discussions with the Seller’s representatives, do not constitute firm acceptance of the Order and do not signify the conclusion of the Contract.
3.2. The moment when the Seller sent a delivery notification by e-mail and / or telephone to the Buyer, without requiring a confirmation of receipt from him/her, constitutes the moment of concluding the Contract and implies the complete acceptance of the terms of the Order. The Buyer may cancel an Order before receiving the delivery notification message, by e-mail at email@example.com. The order will be considered canceled when the Buyer has received by e-mail and / or telephone the cancellation confirmation from the Seller’s representatives.
4. Intellectual property rights
4.1. The entire content of the site is the property of PG & TY Logistics SRL and is protected by copyright law and may not be taken over, copied in whole or in part or used for the creation of derivative works without the express prior written consent of the owner. Use for any purpose other than personal or non-commercial use is strictly prohibited.
5. Prohibited conduct
5.1. It is strictly forbidden:
– partial or total copying, disassembly, creation of derivative works or use in any other way of the source code of the Site, as well as of any element contained in the services of the Site, including, but not limited to: texts, images , tables, specifications, presentation or content of any other nature;
– use of the Site’s services for purposes other than personal, individual and non-personal use;
– the sale, rental, distribution, transmission or granting of rights to a third party regarding the services of the Site or of the account created by you for their use;
– using the services of the Site to invade the privacy of third parties, to obtain information about any of the users of these services, to obtain a list of users of these services, or to use data mining technologies, robots or other similar systems for collecting data;
– copying, modifying, deleting or damaging any information contained on the technical equipment, including, but not limited to, servers and computers used or controlled by the Seller;
– impersonating or falsifying your affiliation with any person.
5.2. As a result of the violation of any prohibition provided in this document, the Seller has the right to block with immediate, temporary or permanent effect, access to the account involved in the prohibited activity, without limiting our right to resort to legal means to obtain reparation for any damage caused by the activity carried out through your account.
6. Registration on the site
6.1. Access to the Seller’s goods and services can be done online, from your personal computer or from a mobile device, such as tablet or phone, by creating an account on the Site. Use of the Site requires the activation of (necessary) cookies on the browser you use. In order to create an account, you need a personal e-mail address and telephone, which will be associated with your account on the Site and through which the communication with the Seller’s representatives will take place later.
6.2. By creating this account you declare that the data provided by you through the registration form is correct and complete, and you accept that you are responsible for the activity carried out through your account. The account created on the Site is personal, being forbidden to use the access data or the account of another person, either temporarily or permanently. You are also obliged to contact the Seller’s representatives immediately if the security of your account has been compromised.
7. How do I order?
7.1. The Client / Buyer can place Orders on the Site, by adding the desired Goods and / or Services in the shopping cart, following to complete the Order by making the payment in one of the ways expressly indicated. Once added to the shopping cart, a Good and / or a Service is available for purchase to the extent that there is stock available for it. The addition of a Good / Service in the shopping cart, in the absence of completing the Order, does not entail the registration of an order, implicitly also the automatic reservation of the Good / Service.
7.2. By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
7.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
7.4. The Seller may cancel the Order placed by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other in the following cases:
- non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in case of online payment;
- invalidation of the transaction by the card processor approved by us., in case of online payment;
- the data provided by the Client / Buyer on the Site are incomplete and / or incorrect.
7.9. If a Good and / or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Customer / Buyer of this fact and will return to the Buyer’s account the value of the Good and / or the Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressed its intention to terminate the Contract.
7.10. Information on product features is available on the product pages on our Site. From a legal point of view, the content of the Site does not represent a proposal for a purchase contract, but a presentation of our offers. Therefore, if you place your order through our Site, your order constitutes an offer to purchase a product listed on this Site. Your order is followed by our acceptance, as described below.
7.11. The order can only be placed through our Site. To do this, you will go through a simple process, at the end of which you will confirm the order by clicking the “complete order” button. The button will clearly indicate that placing the order implies your obligation to to pay. Before confirming the order, you are always informed about the total price to be paid and you will always have the opportunity to check and possibly correct the order.
7.12. After placing an order, you will receive an e-mail confirming receipt and registration of your order (“Order Receipt / Confirmation”). This does not mean that this order has been accepted. As set out above, your order is an offer to make a product listed by you on our Site. All orders are subject to acceptance by us. The contract between you and us will be formed only after our acceptance of your order. The contract will refer only to those products for which we have accepted the order placed by you, and will send you a confirmation of acceptance of the order through a e-mail informing you that the product has been shipped (“Shipment Confirmation”). If we cannot honor a contract due to
insufficient stock of products, technical error or non-conformities found during the shipping process, we will inform you about this situation and we will refund the amounts paid by you for these products, if the case, in accordance with the reimbursement provisions in the section regarding your statutory withdrawal rights provided in these Terms of Supply, within a maximum of 7 days from the date on which you notified us of your decision to terminate the contract.
8.1. All prices displayed on the Site are in LEI / EUR / USD and include VAT. The prices shown do not include delivery costs. There is no minimum order required.
8.2. The seller reserves the right to change the prices applicable to the services at any time, without any prior notice and without motivation. The new prices will be applicable only to the services purchased after the date of the price change. If you do not agree with the price changes, you have the option to stop using the services.
8.3. Due to technical reasons, independent of the Seller’s control, certain products displayed on the Site may have the wrong prices. For these, if the difference between the correct price and the displayed one is over 20%, we reserve the right to contact you personally or to cancel the order directly.
8.4. In the case of online payments, the Seller is not / cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, if the currency of his issuance differs from RON. The responsibility for this action lies solely with the Buyer.
9. Methods of payment
Payment can be made either in cash on delivery (Cash-on-Delivery) – only for Romania – or online with a credit / debit card.
The cash-on-delivery payment method allows the payment of the order in cash, at the time of delivery, to the courier’s representative. In this case, it is indicated that on the day of receiving the package you have prepared the full amount related to the ordered products.
The payment method with the card means that an order is paid in full, online, by credit / debit card, when it is placed. This payment is made safely.
Payment is made in lei, at the exchange rate of the bank you belong to (for cards with a currency other than LEI).
Careful! No one will ever ask you for your PIN code, card number or CIV – neither our representatives nor those of the payment processor, nor the representatives of the bank. In case of delivery of a gift directly to a third party, please contact us before placing the order, by e-mail at firstname.lastname@example.org. Payment will be made in advance, by bank card, and the Seller will send the tax invoice directly to the Buyer, not to the third party
Each confirmed Order includes the specifications of the Goods and Services, the prices, the method and the payment term. The Seller will issue to the Buyer an appropriate fiscal invoice for the delivered goods and services, the printed prices being identical to those specified in the Order confirmation message. The buyer has the obligation to provide all the correct and complete information necessary to issue the fiscal invoice.
11. Transfer of ownership
The ownership over the goods will be transferred at the moment of their delivery to the indicated address (assuming the signing of the receipt of the transport document provided by the courier) and of the payment in full.
12.1. The Seller undertakes to send to the Buyer the products included in the completed Order, respecting the delivery terms established and communicated at the moment of order confirmation. For delivery, the tariff related to the chosen delivery method will be applied, communicated on the Site at the time of placing the Order.
12.2. The seller will properly package the products and will ship them together with the fiscal invoice. The buyer must notify by e-mail to email@example.com the absence of the fiscal invoice within 24 hours from the receipt of the products, otherwise it will be considered supplied.
12.4. If the packages show visible damage upon receipt, we recommend the Buyer to refuse to receive them and to immediately report this incident by e-mail to firstname.lastname@example.org. Any subsequent complaint regarding these issues will be null and void.
12.5. If the terms of shipping or delivery of the order cannot be met, the Seller will notify the Buyer and will communicate the estimated term for completing the delivery. If the new delivery term will not be accepted by the Buyer, the order will be canceled.
12.6. If the information provided by the Buyer regarding the delivery is incomplete or incorrect, the Seller does not guarantee the observance of the delivery terms. If within 24 hours the Buyer will not correct the information to establish a new delivery time, the Seller reserves the right to cancel the order.
12.7. Fast courier delivery –
The courier undertakes to contact the Buyer in advance, by telephone, in order to establish by mutual agreement the time at which to make the delivery to the address. .
If the Buyer will not be found at the mentioned delivery address, within the agreed time interval, the courier will contact the Buyer to establish the details of a new delivery. If even on the third attempt the delivery will not be made, the package will be returned to the Seller and the order will be canceled. If the Buyer cannot be contacted by the Courier, the order will be kept at the courier’s zonal warehouse for 5 working days, before returning to the Seller.
The Buyer can place the respective order again, and will bear in advance the costs of the previous transport (round trip), as well as the costs of a new delivery, by methods communicated directly by the Seller’s representatives (bank transfer, O.P. etc).
12.8. In the case of international deliveries, a single delivery fee is applied. Orders can be paid only by bank card (cannot be paid in Cash-On-Delivery / Refund system).
When the order has left our warehouse, you will receive by email a tracking number with which you can track the status of the package.
13. The right to return to purchase / change of the purchased product
13.1. The Buyer has the right to give up the products purchased from the Site, without penalties and without invoking a reason, within 14 working days from receiving the products, according to Romanian and European applicable legislation.
13.2. The buyer will be able to request the change of the product, without penalties and without invoking a reason, within 14 working days from the receipt of the product. In case of requesting a product that is more expensive, the Buyer will pay the price difference. In case of requesting a cheaper product, the price difference will not be returned.
13.3. In all cases of return or replacement of the products, the shipping costs for return or replacement will be borne by the Buyer.
13.4. If a different product has been sent than the one ordered or with other specifications (different size, different color, etc), the shipping fees will be borne by the Seller.
13.5. The Seller will send the requested product in exchange only after the Buyer has returned the product originally purchased. The renunciation of the purchase of a product or its replacement will be made within 30 days from the return and in the following conditions:
- the products must be returned sealed;
- the condition of the products must be the same, they must not have been used or they must not show signs of consumption;
- the product must be sent in the original packaging, together with all the labels and the afferent and intact accessories, in the condition in which they were sent by the Seller (ex: the labels should not be broken or cut).
Otherwise, the Seller reserves the right to refuse the return or to charge a fee for bringing the products to marketability, if the case.
13.6. The buyer has the right to opt only once for the return or replacement of a product. Repeated purchase will be considered abuse and the Seller has the right to block with immediate effect, temporarily or permanently, access to the account involved in abuse.
14. Deleting the account
- at your request, by an e-mail to email@example.com;
- by the Seller, as a result of your violation of the provisions of this contract;
- by the Seller, in case of non-use by you of the services of the Site for a period longer than 36 months.
15. Limitation of liability
We can not guarantee an uninterrupted availability of the goods and services presented on the Site.
Neither Contracting Party shall be liable for any breach of its contractual obligations (delayed shipments, loss, destruction, damage, non-delivery or erroneous / impartial delivery, or any other problems) if they are caused by force majeure.
Force majeure means circumstances that have arisen as a result of extraordinary, unavoidable, unforeseen situations, circumstances or events or any other act beyond the control of the parties and which is recognized by law as a case of force majeure, such as:
- natural causes: earthquakes, cataclysms, devastating storms, tornadoes, natural fires, floods, river spills, riverbed abandonment, landslides, fallen trees, rocks, heavy snow or other unfavorable weather conditions, etc;
- human causes: state of war, state of siege, forced nationalization (transfer to state ownership), revolutions, riots, unauthorized strikes, etc.
All information used to describe the Goods and / or Services available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.
The Buyer / User may change at any time the option regarding the agreement given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions, at any time, as follows:
- by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller or
- by contacting the Seller.
Waiver of receipt of Commercial Communications does not imply waiver of acceptance of this document.
17. Jurisdiction / litigation
17. This document is governed by the Romanian legislation in force. The terms and conditions of this document supersede any prior written or verbal agreement between the parties. Any misunderstandings will be resolved amicably. If the parties fail to reach an amicable agreement, the competent Romanian courts will be called for a settlement.
18.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer / Customer regarding the Order / Contract without the prior written consent of the Seller.
18.3. By submitting information or materials through this site, you give the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, in its own interest, this information, ideas, concepts, know-how or techniques that you have sent us through the Site. We will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide other specifications in this regard.