TERMS AND CONDITIONS
1. DEFINITIONS AND TERMS
eXp – means S.C. Explosiv Group S.R.L., a legal entity headquartered in Gheorgheni, Bucin District, No. 1/C/45, registered with the Trade Register under no. J/19/241/2004, having unique tax identification code RO16227310. (Note: Replace this with your own details!)
Seller – eXp or any of its partners.
Buyer – an individual/legal entity or any legal entity that creates an account on the website and places an order/orders.
Client – an individual or legal entity that has access to the Content through any means of communication made available by eXp (electronic, telephone, etc.) or pursuant to an existing usage agreement between eXp and such person/entity, and which requires the creation and use of an Account.
User – an individual/legal entity that registers on the Site, creates an Account and agrees to the specific provisions of the Site set out in the General Terms and Conditions section.
Nickname – “User Name”, a pseudonym through which a particular User/Client/Buyer may add Content to the Site.
Account – the section of the Site consisting of an e-mail address and a password, which allows the Buyer to place an Order and which contains information about the Client/Buyer and the Buyer’s history on the Site (orders, tax invoices, product warranties, etc.).
Favorites – a section of the Account that allows the Buyer/User to create lists.
List – a web page where the Buyer/User may add products they consider to be favorites and which they may subsequently add to the shopping cart (“my cart”).
Site – the domain www.exp.ro and its subdomains.
Order – an electronic document through which the Buyer communicates to the Seller, via the Site, their intention to purchase Goods and Services from the Site.
Goods and Services – any product or service, including the documents and services mentioned in the Order, which are to be supplied by the Seller to the Buyer as a result of the concluded Contract.
Campaign – the commercial action of displaying a finite number of Goods and/or Services, having a limited and predefined stock, for a limited period of time established by the Seller.
Contract – means the distance contract concluded between the Seller and the Buyer without the simultaneous physical presence of the Seller and the Buyer.
Content:
all information appearing on the Site that may be visited, viewed or otherwise accessed through the use of electronic equipment;
the content of any e-mail sent electronically by the Seller to Buyers and/or through any other available means of communication;
any information communicated by the Seller to the Buyer through any means of communication, according to the contact details provided or not provided by the Buyer;
information relating to the Goods and/or Services and/or the prices charged by the Seller during a certain period;
information relating to the Goods and/or Services and/or the prices charged by a third party with whom the Seller has concluded partnership agreements during a certain period;
data relating to the Seller or other privileged data belonging to the Seller.
Review – an evaluation of a product or service written by its owner or beneficiary, based on their personal experience and ability to provide qualitative comments and to state whether or not the product or service complies with the specifications indicated by the manufacturer.
Rating – a means of expressing the degree of satisfaction of a User/Client/Buyer in relation to a product. The User/Client/Buyer may rate products from one star to five stars. This degree of satisfaction will always be associated with the review written by the User/Client/Buyer regarding a product or service.
Comment – an opinion, assessment or observation written by a User/Client/Buyer.
Question – a request addressed to Users/Clients/Buyers for the purpose of obtaining information about products or services displayed on the page.
Answer – written information transmitted to the User/Client/Buyer who submitted a Question on the Site, on the page of a particular product. The Answer represents an explanation provided by one User/Client/Buyer to another User/Client/Buyer as part of a discussion.
Document – these Terms and Conditions.
Newsletter – a periodic information method, exclusively electronic, namely electronic mail (e-mail, SMS), through which the Seller provides information about Goods and Services and/or promotions carried out by the Seller during a certain period, without any commitment regarding the information contained therein.
Transaction – the collection or refund of an amount resulting from the sale of a Good and/or Service by eXp to the Buyer, using the services of the card processor approved by the Seller, regardless of the delivery method.
Specifications – all specifications and/or descriptions of the Goods and Services, as stated in their description.
2. CONTRACTUAL DOCUMENTS
2.1. When the Buyer places an Order on the Site, they agree to be contacted (by telephone or e-mail) by the Seller in connection with commercial operations.
2.2. The notification received by the Buyer after placing the Order is for informational purposes only and does not constitute acceptance of the Order. This notification is sent electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services included in the Order. If the quantity of Goods and/or Services in the Order is modified, the Seller will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will refund the amount paid.
2.4. The Contract shall be deemed concluded between the Seller and the Buyer when the Buyer receives from the Seller, by e-mail and/or SMS, the notification that the Order has been dispatched.
3. ONLINE SALES POLICY
3.1. Access for the purpose of placing an Order is permitted to any Client/Buyer. For justified reasons, eXp reserves the right to restrict the Client’s/Buyer’s access to placing an Order and/or to certain accepted payment methods if it considers, based on the Client’s/Buyer’s conduct or activity on the Site, that their actions could in any way prejudice eXp. In any of these cases, the Client/Buyer may contact eXp’s Customer Relations Department to be informed of the reasons that led to the application of the aforementioned measures.
3.2. Communication with the Seller may take place through direct interaction with the Seller or through the addresses mentioned in the “Contact” section of the Site. The Seller is free to manage the information received without being required to provide justification for doing so.
3.3. eXp has the right to publish on exp.ro information about the Goods and/or Services sold and/or promotions offered by it or by any third party with whom eXp has concluded agreements, during a certain period of time and subject to available stock.
3.4. All prices for the Goods and/or Services displayed on the Site are expressed in Romanian lei (RON) and include VAT.
3.5. In the case of online payments, the Seller is not and cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the card-issuing bank if the currency in which the card was issued differs from RON. Responsibility for such costs lies exclusively with the Buyer.
3.6. All information used to describe the Goods and/or Services available on the Site (static/dynamic images, multimedia presentations, etc.) does not constitute a contractual obligation on the part of the Seller and is used exclusively for presentation purposes.
4. ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and/or subcontract a third party for Services related to the fulfillment of the Order, with notification to the Buyer, without the Buyer’s consent being required. The Seller shall always remain responsible to the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, constitutes the exclusive property of eXp, which reserves all rights obtained directly or indirectly in this respect (through usage and/or publication licenses).
5.2. The Client/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than the original context intended by eXp, include any Content outside the Site, remove notices indicating eXp’s copyright over the Content, or participate in the transfer, sale or distribution of materials created by reproducing, modifying or displaying the Content, except with the express written consent of eXp.
5.3. Any Content to which the Client/Buyer has and/or obtains access by any means shall be subject to this Document if the Content is not accompanied by a specific and valid usage agreement concluded between eXp and the Client/Buyer, and without any implied or express warranty from eXp regarding such Content.
5.4. Copying, transferring and/or using the Content by the Client/Buyer is permitted only for personal or non-commercial purposes and only where such activities do not conflict with the provisions of this Document.
5.5. If eXp grants the Client/Buyer the right to use certain Content in the manner described in a separate usage agreement, to which the Client/Buyer has or obtains access pursuant to that agreement, such right shall extend only to the Content defined in the agreement and only for the duration of the existence of such Content on the Site or for the period defined in the agreement, according to the conditions defined therein, if any. This shall not constitute a contractual commitment on the part of eXp towards the respective Client/Buyer or any other third party who has or obtains access to such transferred Content by any means and who may be or become prejudiced in any way as a result of such Content, during or after the expiration of the usage agreement.
5.6. No Content transmitted to a Client or Buyer through any means of communication (electronic, telephone, etc.) or obtained by accessing, visiting and/or viewing the Site shall constitute a contractual obligation on the part of eXp and/or the eXp employee/agent who facilitated the transfer of Content, if applicable, with respect to such Content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the accompanying usage agreement, if any, is prohibited.
6. ORDERS
6.1. The Client/Buyer may place Orders on the Site by adding the desired Goods and/or Services to the shopping cart and completing the Order by selecting the desired payment method. The ordered Goods/Services may be purchased insofar as they are in stock. Adding Goods/Services to the shopping cart without completing the Order does not constitute registration of an Order and therefore shall not be taken into consideration.
6.2. By completing the Order, the Buyer agrees that all data provided by them and required for the purchasing process are correct, complete and accurate on the date the Order is placed.
6.3. By completing the Order, the Buyer agrees that the Seller may contact them, by any means available/accepted by the Seller, whenever contacting the Buyer is necessary.
6.4. The Seller has the right to cancel an Order placed by the Buyer following prior notification to the Buyer, without any subsequent obligation of either party towards the other and without either party being entitled to claim damages from the other.
6.5. If the Client/Buyer requests withdrawal from the Contract within the statutory withdrawal period, they must also return any gifts that accompanied the respective product. If the Order has been paid for, the Seller shall refund the amount within a maximum of 14 (fourteen) days from the date on which the Buyer informed the Seller of their decision to withdraw from the Contract.
6.6. The Seller has the right to postpone the refund until receipt and verification of the condition of the sold Goods or until receipt of proof that the Goods have been dispatched, unless the Seller has offered to recover the Goods itself (the later date shall apply).
6.7. If the Goods and/or Services ordered by the Buyer cannot be delivered by the Seller, the Seller must inform the Client/Buyer of this fact and refund the value of the ordered Goods/Services in the case of advance payment, within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly stated their intention to withdraw from the Contract.
7. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL DOES NOT APPLY
7.1. The following are exempt from the right of withdrawal from the Contract:
7.1.1. the supply of Goods and/or Services whose price depends on fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;
7.1.2. the supply of Goods manufactured according to specifications provided by the Buyer or clearly personalized;
7.1.3. the supply of Goods that are liable to deteriorate or expire rapidly;
7.1.4. the supply of sealed Goods that cannot be returned for health protection or hygiene reasons and which have been unsealed by the Buyer;
7.1.5. the supply of sealed audio or video recordings or sealed computer software that has been unsealed after delivery;
7.1.6. the supply of newspapers, periodicals and magazines, except for subscription contracts for the supply of such publications;
7.1.7. the supply of digital content that is not delivered on a tangible medium, where performance has begun with the Buyer’s prior express consent and after the Buyer has acknowledged that they will lose their right of withdrawal;
7.1.8. the supply of Goods that were not in the Seller’s stock and were specially ordered by the Seller for the Buyer.
8. CONFIDENTIALITY
8.1. Information of any nature provided by the Buyer/Client to the Seller shall remain the property of the Seller.
8.2. No public statement, promotion, press release or any other disclosure to third parties shall be made by the Buyer/Client regarding the Order/Contract without the Seller’s prior written consent.
8.3. By submitting information or materials through this Site, you grant the Seller unrestricted and irrevocable access to such information/materials and 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, any ideas, concepts, know-how or techniques that you submit to us through the Site. eXp shall not be subject to confidentiality obligations regarding the information submitted if the applicable legislation does not provide otherwise.
8.4. By registering in eXp’s database, the Client/Buyer agrees, within the limits of applicable legislation, to be contacted by third parties, eXp partners: marketing service providers, other service providers; state or governmental agencies or insurance industry associations, where specifically required by law; other companies with which eXp may develop joint programs for offering Goods and/or Services on the market, etc.
9. ADVERTISING
9.1. When the Client creates an Account on the Site, they may express their consent to receiving Newsletters. The Client may change their consent at any time by contacting eXp for this purpose.
9.2. The Buyer/Client may unsubscribe from Newsletters at any time by using the dedicated link contained in any Newsletter.
9.3. Unsubscribing from Newsletters does not constitute withdrawal of consent to this Document.
10. INVOICING – PAYMENT
10.1. The prices of the Goods and Services displayed on www.exp.ro include VAT in accordance with applicable legislation.
10.2. The price, payment method and payment deadline are specified in each Order. The Seller shall issue an invoice to the Buyer for the Goods and Services delivered, and the Buyer is required to provide all information necessary for issuing the invoice in accordance with applicable legislation.
10.3. The Seller shall send the Buyer the invoice relating to the Order containing Goods and/or Services sold by eXp, except for Goods and/or Services sold by eXp’s partners, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer’s Account or by e-mail to the e-mail address specified by the Buyer in their Account.
10.4. For proper communication of the invoice relating to the Order, the Buyer is responsible for updating their Account details whenever necessary and for accessing the information and documents relating to each Order available in the Account.
10.5. By using this method of communication, the Buyer, by accessing their Account, will have a record of the invoices issued by eXp and may save and archive them at any time and in any manner they wish.
10.6. For transaction security reasons, the Client/User/Buyer is advised not to remain logged into the Site and not to enable automatic login on mobile devices. Disclosure of the Account password is not permitted, and the use of a strong password is recommended (e.g. containing at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).
11. DELIVERY OF GOODS
11.1. The Seller undertakes to deliver the Goods to the Buyer through a door-to-door courier service.
11.2. The Seller shall ensure appropriate packaging of the Goods and shall ensure the delivery of accompanying documents.
11.3. Delivery details, including but not limited to the time required for delivery, do not constitute a contractual obligation on the part of the Seller.
12. WARRANTIES
12.1. All Goods sold by eXp benefit from warranty conditions in accordance with applicable legislation and the commercial policies of the manufacturers. The Goods are new, in their original packaging and originate from sources authorized by each manufacturer.
12.2. For proper communication of the warranty certificate relating to the Goods included in the Order, the Buyer is responsible for updating their Account details whenever necessary and for accessing the information and documents relating to each Order available in the Account. By accessing their Account on www.exp.ro, the Buyer will have a record of the warranty certificates issued by eXp and may save and archive them at any time and in any manner they wish.
12.3. In the case of warranty certificates issued by manufacturers, Goods reported as defective during the warranty period must be presented directly to the nearest service center specified in the certificate. This manufacturer-authorized center shall assume full responsibility for resolving the warranty claim.
13. TRANSFER OF OWNERSHIP OF GOODS
Ownership of the Goods shall be transferred upon delivery, after payment has been made by the Buyer, at the location specified in the Order (where “delivery” means signing for receipt of the transport document provided by the courier or signing for receipt on the tax invoice in the case of deliveries made by the Seller’s personnel).
14. LIABILITY
The Seller cannot be held responsible for any kind of damages that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order or for damages resulting from the use of the Goods and Services after delivery, and in particular for their loss.
By creating and using the Account, the Client/User/Buyer assumes responsibility for maintaining the confidentiality of their Account data (username and password) and for managing access to the Account and, to the extent permitted by applicable legislation, is responsible for the activity carried out through their Account.
By creating the Account and/or using the Content and/or placing Orders, the Client/User/Buyer expressly and unequivocally accepts the Site’s Terms and Conditions in their latest updated version communicated on the Site and existing on the date of Account creation and/or use of the Content and/or placement of the Order.
Following the creation of the Account, use of the Content constitutes acceptance of any amendments made to the Site’s Terms and Conditions and/or updated versions of the Site’s Terms and Conditions.
eXp has the right to modify the Site’s Terms and Conditions at any time, and such modifications shall be binding upon Clients/Users/Buyers from the date they are displayed on the Site. Acceptance of the Site’s Terms and Conditions is confirmed by ticking the corresponding checkbox on the Site and/or by submitting an Order and/or making an online payment.
15. SUBMISSION OF REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
Users/Clients/Buyers may submit entries on the Site which may be either positive or negative and must relate to the characteristics or manner of use of a product or service.
When submitting a Review/Comment/Question/Answer on the Site, Users/Clients/Buyers grant the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited license and authorize the Seller to use, reproduce, modify, adapt, publish, translate, distribute and display such content.
Each User/Client/Buyer, when submitting a Review/Comment/Question/Answer in the relevant sections, undertakes to comply with the following rules:
to refer only to the characteristics and/or manner of use of a particular product or service, avoiding information concerning matters that may change (price or promotional offers) or information relating to the handling of the Order;
to use appropriate, non-offensive language without terms that may insult or affect any other User/Client/Buyer;
to ensure that the information they enter is realistic, accurate, non-misleading and in accordance with applicable laws, thereby respecting the rights of other parties, including copyright, trademark, license, publicity, privacy and other proprietary rights;
to use this feature only to communicate or obtain additional details relating to a particular product or service on the Site, without referring to other companies promoting the sale and purchase of products or services;
not to provide or request, in any manner or to any extent, personal data (contact details, delivery or home address information, telephone numbers, e-mail addresses, first and/or last names, etc.) or any other information that could lead to the disclosure of such personal data;
not to enter information and/or details concerning URLs (links) to other commercial websites carrying out the same commercial activity as the Seller;
not to attempt to defraud the services provided by the Seller or submit Reviews/Comments/Questions/Answers containing advertising materials;
not to use the Review/Comment/Question/Answer as a means of communicating with the Seller; the Seller’s contact details displayed on the Site shall be used for this purpose.
Users/Clients/Buyers who submit Reviews to which they attach photo or video files must comply with the following rules:
uploaded files must contain images and/or videos relating to the product or service being reviewed, and users must ensure that the uploaded files comply with copyright laws;
uploaded files must not contain violence, adult content, offensive language or other content that offends a person/group based on race or ethnic origin, religion, disability, sex, age, veteran status, or sexual or political orientation;
uploaded files must not contain information relating to other persons;
uploaded files must not contain URLs or watermarks linking to websites that conduct the same commercial activity as the Seller.
When a Review/Comment/Question/Answer is reported by a User/Client/Buyer as containing inappropriate content, from a strictly subjective perspective, the content shall be carefully examined by the Seller to determine whether it violates the Site’s Terms and Conditions. Texts, photographs or videos submitted shall be removed from the Site only after being examined by the Seller.
If the Seller determines that the Terms and Conditions have been repeatedly violated, it reserves the right to suspend the User’s/Client’s/Buyer’s ability to submit Reviews/Comments/Questions or Answers.
16. PROCESSING OF PERSONAL DATA
16.1. In accordance with the requirements of Law No. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented, eXp is required to manage, securely and only for the specified purposes, the personal data provided by its Users/Clients/Buyers.
16.2. Processing of personal data means any operation or set of operations performed on personal data, whether by automated or non-automated means, such as collection, recording, organization, storage, adaptation or modification, retrieval, consultation, use, disclosure to third parties through transmission, dissemination or any other means, alignment or combination, blocking, deletion or destruction.
16.3. The purpose of data collection is: informing Clients/Buyers about the status of their Account; informing Buyers about the progress and status of Orders; evaluating Goods and Services offered; commercial activities; promotion of Goods and Services; marketing; advertising; media; administrative activities; development; market research; statistics; monitoring and tracking sales; and monitoring Client/Buyer behavior.
16.4. By completing the data in the Account creation and/or Order form, the Buyer declares and unconditionally accepts that their personal data be included in eXp’s database and expressly and unequivocally consents to all such personal data being stored, used and processed without territorial and/or temporal limitation by eXp, its affiliates and collaborators for activities carried out by eXp, its affiliates and collaborators, including but not limited to commercial activities, product and service promotion, marketing, advertising, media, administrative activities, development, market research, statistics, sales tracking and monitoring, and consumer behavior monitoring. The Buyer also expressly and unequivocally agrees that such personal data may be transferred by eXp to its affiliates and to other entities in Romania or abroad.
16.5. By reading this Document, you acknowledge that you are guaranteed the rights provided by law, namely the right to information, the right of access to data, the right to intervention, the right to object, the right not to be subject to an individual decision, and the right to bring an action before the courts in the event of violation of the rights guaranteed by Law No. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
16.6. eXp has the right to provide the Buyer’s personal data to other companies with which it has partnership relationships, but only on the basis of a confidentiality undertaking by such companies, guaranteeing that the data will be kept secure and that the provision of such personal information is carried out in accordance with applicable legislation, including: marketing service providers, courier services, payment/banking services, telemarketing or other services provided by companies with which we may develop joint programs for offering our Goods and Services on the market, insurers.
16.7. The Buyer’s personal information may also be provided to the General Prosecutor’s Office, Police, Courts and other competent state authorities, based on and within the limits of applicable legal provisions and following expressly formulated requests.
17. FORCE MAJEURE
17.1. In the event of force majeure, neither party shall be liable for failure to perform its contractual obligations. Force majeure means an unforeseeable event beyond the control of the parties which cannot be avoided.
17.2. If, within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party shall have the right to notify the other party of the automatic termination of the Contract, without either party being entitled to claim any other damages from the other party.
18. APPLICABLE LAW – JURISDICTION
This Contract is governed by Romanian law. Any disputes arising between eXp and Clients/Buyers shall be resolved amicably or, if this is not possible, the disputes shall be settled by the competent Romanian courts.