VISMAT SSH – The company VISMAT SSH SRL, located in Şcheia village, Şcheia Commune, Cetăţii Street, Nr. 69, Suceava County, Tax Code RO 31390272, J33 / 264/2014, legally represented by Matthias Hochrein, share capital – 2,020 lei organized under Romanian law.
SITE – The Domain www.mukibooks.com and its subdomains.
CONTENT has the following definition:
- all SITE information that can be accessed, viewed, or otherwise accessed by using a numeric device;
- the content of any email sent to USERS or CUSTOMERS by Vismat SSH by electronic means and/ or any other available means of communication;
- any information communicated by any means by a Vismat SSH employee or collaborator to the USER or CUSTOMER’s, according to the contact information, whether specified or not;
- information about the products, services and / or tariffs practiced by Vismat SSH in a given period;
- information about products, services and / or tariffs practiced by a third party with whom Vismat SSH has concluded partnership contracts in a given period;
- Vismat SSH related data or other privileged data.
SERVICE – e-commerce service conducted exclusively on publicly available portions of the SITE in order to allow the CUSTOMER to contract products and/ or services using exclusively electronic means, including other means of distance communication.
MEMBER – The individual who has or obtains access to the CONTENT by any means of communication (electronic, telephone, etc.) or based on a usage agreement between Vismat SSH and which requires the creation and use of an Account.
ACCOUNT – an assembly consisting of an email address and a password that allows one MEMBER to access restricted areas of the SITE through which access to the SERVICE is made.
CUSTOMER – The person who has or gets access to CONTENT and SERVICE after creating the MEMBERSHIP ACCOUNT.
ORDER – an electronic document that acts as a form of communication between Seller and Buyer through which the Buyer submits to the Seller through the Site its intention to purchase Goods and Services on the Site.
DOCUMENT – the herein Terms and conditions.
Distance CONTRACT – as defined in Government Emergency Ordinance no. 34 of 4 June 2014 on Consumer Rights in Contracts concluded with Professionals, as well as for amending and completing some normative acts, as it transposed Directive 2011/83 / EU on consumer rights: any contract concluded between a professional and a consumer within a distance sales or service delivery system without the simultaneous presence of the professional and the consumer , with the exclusive use of one or more means of distance communication, up to and including when the contract is concluded;
NEWSLETTER / ALERT – the periodical, exclusively electronic, means of information on the products, services and/ or promotions developed by Vismat SSH in a given period, without any commitment from Vismat SSH with reference to the information contained therein.
TRANSACTION – cashing or reimbursement of a sum resulting from the sale of a product / service by Vismat SSH to the Customer, through the use of card processing services agreed by Vismat SSH or by bank transfer, regardless of the delivery method.
2.1. The document establishes the terms and conditions of use of the Site / Content / Service by the Member or Customer, if there is no other valid usage agreement concluded between Vismat SSH and the said Member or Customer.
2.2. The use, including but not limited to accessing, visiting and viewing the Content / Service, implies the membership of the Customer or the Client to these terms and conditions; the Customer undertakes to permanently monitor the terms and conditions that can be updated, modified and completed. In the event of misunderstanding, the Terms and Conditions at the time of ordering and notifying it in writing by Vismat SSH are applicable.
2.3. Access to the Service is made by accessing the public website available at www.mukibooks.com, by phone or on the official Facebook page of Vismat SSH, Mukibooks Spielbücher and MukiQuietBooks
2.4. By using the Site / Content / Service, the Member or Customer is solely responsible for all activities that result from its use. Also, he/she is liable for any material, intellectual, or electronic damage or any other nature of damage to the Site, Content, Service of Vismat SSH or to any third party with which Vismat SSH has concluded contracts, in accordance with applicable Romanian law.
2.5. If the User or Customer disagrees and / or does not accept and / or revokes the given acceptance of the Document, he will send an email to firstname.lastname@example.org stating that:
2.5.1. He/ she waives: access to the Service, other services provided by Vismat SSH through the Site, receiving newsletters/ alerts and/ or communications from Vismat SSH of any nature (electronic, telephone, etc.)
2.5.2. He/ she may at any time return to its decision not to agree and/ or not accept the document in the form in which it will be available at that time.
2.6. In order to exercise the right provided under Article 2.5, he/ she may contact Vismat SSH or use the links in the content received from Vismat SSH for this purpose.
2.7. In the event that the Customer has paid the value of all outstanding Contracts to SSH Vismat and revokes the agreement expressed in favor of the Document during the execution of an Order, Vismat SSH will cancel the Order without any subsequent obligation of either party to the other or without any party to be able to claim the other damages.
2.8. This Site is addressed only to Individual Members who are at least 18 years of age who have completed the appropriate registration steps and have not been suspended or removed by Vismat SSH, regardless of the reason for suspension or removal. Upon becoming a Member, the person declares that he/ she meets the above conditions.
3.1. 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, is the exclusive property of Vismat SSH, having all reserved rights obtained directly or indirectly (through usage and / or publication licenses).
3.2. The Member or the Customer is prohibited from copying, distributing, publishing, transferring to third parties, modifying and / or otherwise altering, using, linking, displaying, including any content in any context other than the original intended by Vismat SSH, including any content in addition to the Vismat SSH site, the removal of any sign that signifies the copyright of Vismat SSH to content, as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content, except for the express consent of Vismat SSH.
3.3. Any Content to which the Member or the Customer has and/ or obtains access by any means is within the scope of the Document if the content is not accompanied by a specific and valid user agreement concluded between Vismat SSH and this, and without any default or express warranty from Vismat SSH with reference to that content.
3.4. The Member or the Client may only copy, transfer and/ or use the content for personal or non-commercial purposes only if they do not conflict with the provisions of this Document.
3.5. If Vismat SSH gives the Member or Customer the right to use, as described in a separate use agreement, a certain content to which the Member has or obtains access under this agreement, this right extends only to that or those contents that are defined in the agreement only for the duration of its existence or content on the Site or the period defined in the Agreement, as defined, if it exists, and does not represent a contractual commitment on the part of Vismat SSH for that Member, Client or any other third party who has / access to this transferred content by any means and which is or may be harmed in any way from this content during or after the expiration of the use agreement.
3.6. No content transmitted to the Member or Client by any means of communication (electronic, telephone, etc.) or acquired by accessing, visiting and/ or viewing constitutes a contractual obligation for Vismat SSH and/ or its employee or Vismat SSH collaborator which mediated the transfer of content, if any, towards that content.
3.7. Any use of the Content is forbidden for purposes other than those expressly permitted by the document or the consent to use it, if it exists.
4. Contact for Customers and Members
4.1. Vismat SSH publishes on this site the complete and correct identification and contact details for the Customer or Member.
4.2. By using the contact form or the service form found on the Site, the Member or the Customer automatically allows Vismat SSH to contact him using any available means including electronic means.
4.3. Partial or total completion of the contact form and sending it does not represent in any way a commitment from Vismat SSH for contacting the member or customer.
4.4. Accessing the Site, using the information presented within it, visiting the pages or sending emails or notices addressed to Vismat SSH is done electronically, by telephone, or any other means of communication available to the Member or Customer and Vismat SSH, considering, thus, he agrees to receive notifications from Vismat SSH electronically and/ or by telephone, including emails, short messages (SMS) or announcements on the site.
4.5. The Customer expressly states that the contact details provided (email address, telephone number, delivery address) belong to him and that theycan be used by Vismat SSH in its communications with Customer.
- Newsletters and alerts
5.1. When a Member or Customer creates an Account on the Site, accepting the Document (Terms and Conditions), he or she has the right to express or not the agreement to receive newsletters and / or alerts from Vismat SSH by electronic means and/ or telephone, including emails, or ads on the site.
5.3. Renouncing to receive newsletters and/ or alerts by the Member or Client can be done at any time:
5.3.1. Using a special link from any newsletters and / or alerts received (at the bottom of the e-mail in the “Click here to unsubscribe” section), where this option is technically possible;
5.3.2. By changing your acceptance or receiving newsletters and/ or alerts and using restricted areas within the Member’s Individual Account on www.mukibooks.com
5.3.3. By contacting Vismat SSH at the above data, according to the contact information, and without any subsequent obligation of any party to the other party or without any party claiming the other party damages.
5.4. Renouncing to receive the newsletters and/ or alerts does not imply renouncing to the approval given for the document and applies only after transmission of the intention waiver.
5.5. Vismat SSH holds the right to select the persons to whom it will send newsletters and/ or alerts and the right to remove from its database any Member or Customer who had previously expressed their consent to receive newsletters and/ or alerts without any subsequent commitment on the part of Vismat SSH or any prior notification thereof.
5.6. Vismat SSH will not include in the newsletters and/ or alerts transmitted to the Member or Customer, any advertising material in the form of content that refers to any third party that is not a commercial partner of Vismat SSH at the time of sending the newsletters and/ or alerts.
6.1. Vismat SSH may collect personal data on its Site pages only with the voluntary consent of the Member or the Customer for the following purposes:
- validating, dispatching, and billing orders to him/ her (Vismat SSH conditionally confirms dispatch of the first order only under written or telephone confirmation of a new account, for data compliance);
- after the order validation, for the transmission of product information, delivery periods, cancellations or any issues related to an order or contract, to the services or products purchased by it;
- to facilitate access to the service;
- for sending newsletters and/ or periodic alerts in exclusively electronic (e-mail);
- statistical purposes.
By creating the Account, each Member or Customer has expressed their consent that Vismat SSH will collect and manage its personal data, subject to and in compliance with the provisions of Law no. 677/ 2001. Also, by creating the Account, each Member or Customer has agreed that Vismat SSH will transmit its personal data to the contractual partners of Vismat SSH for the purpose of processing such data. Vismat SSH partners for data processing are persons empowered under Law no. 677/2001 and notified to the National Supervisory Authority for Personal Data Processing. Any Member or Customer has the right to obtain from Vismat SSH upon a written, signed and dated request, free of charge:
- a) confirmation that the data concerning him/ her are processed or not at any given time;
- b) where appropriate, correction, update, blocking or deleting data whose processing does not comply with the law, in particular incomplete or inaccurate data;
- c) where appropriate, the transformation into anonymous data of data whose processing is not lawful;
- d) notification to third parties to whom the data have been disclosed of any operation performed according to subparagraph b) or c), if such notification is not impossible or does not involve a disproportionate effort in relation to the legitimate interest which might be harmed.
Any Member or Customer has the right to object at any time, for lawuful and legitimate reasons related to his/ her particular circumstances, by transmission to Vismat SSH of a written, dated and signed request that the data regarding him/ her is processed, except for the case where there are contrary legal provisions. In the case of justified opposition, the processing can no longer refer to the data in question.
Any Member or Customer has the right to object at any time, free of charge and without any justification, by transmitting to Vismat SSH a written, dated and signed request that the data regarding him/ her is processed for the purpose of direct marketing on behalf of the operator or third party, or is disclosed to third parties for such purposes.
6.2. Vismat SSH may also involuntarily collect other data (IP address, visit time, access point, Internet browser name and version, operating system, including other parameters) provided by the internet browser through which the site is accessed and may be used by Vismat SSH to improve the services provided to its Customers or Users, or for statistical purposes; except if the provisions of the document are breached, in the event that the result of the Member / Customer’s actions is in breach of interests or damages in any manned Vismat SSH and/ or any third parties with which Vismat SSH has partnership contracts at that time.
Cookie Usage Policy on www.mukibooks.com
A cookie is a small file, a special text, often encoded, sent by a web browser server and then sent back (unmodified) by the browser, each time it accesses that server. The cookie is installed through a browser-based web browser request (eg Internet Explorer, Chrome, Mozilla) and is completely “passive” (it does not contain software, viruses or spyware and can not access the information on the hard drive User). Cookies are used for authentication as well as for tracking user behavior; typical applications to retain user preferences and implement the “shopping cart” system. These files make it possible to recognize the user’s terminal and present the content in a relevant way, adapted to the user’s preferences. Cookies provide users with a pleasant browsing experience and support Vismat SSH efforts to provide user-friendly services: eg: – online privacy preferences and shopping cart history. There are also used to prepare aggregate anonymous statistics that help understand how a user benefits from www.mukibooks.com allowing to improved the structure and content but excluding personal identification of User.
A visit to www.mukibooks.com can place: Site performance cookies, Visitor analysis cookies, Cookies for geotargetting, registration Cookies, advertising cookies, or advertiser cookies.
Examples of important uses of cookies:
Content and services tailored to user preferences – product categories and services.
- Adapted access to user interests – retaining passwords.
- Retaining child protection for content on the Internet copy filters (family mode options, safe search functions).
- Measurement, optimization, and analytics features – such as confirming a certain level of traffic on a website, what type of content is viewed, and how a user reaches a website (eg, through search engines, directly from other websites, etc.). Websites run these analyzes of their use to improve sites for the benefit of users.
Security and privacy issues
In general, browsers have built-in privacy settings that provide different levels of cookie acceptance, shelf life, and automatic deletion after the user has visited a particular site. Since identity protection is very valuable and is a right of every internet user, it is advisable to know what potential problems cookies can create. In order to transmit constant information in both ways between the browser and the website, if an attacker or unauthorized person intervenes during the data transmission, the information contained in the cookie can be intercepted. Although very rarely, this can happen if the browser connects to the server using an unencrypted network (eg., an unsecured WiFi network). Other cookie-based attacks involve bad cookie settings on the servers. It is very important for the User to choose the most appropriate method of protecting personal information and:
- Customize cookie browser settings to reflect a comfortable cookie level.
- Set expiration dates for storing browsing history and personal access data.
- Consider the browser setting to delete individual browsing data each time you close your browser. This is a way to access sites that place cookies and delete any business information when you close the browsing session.
- Install and constantly update antispyware applications.
Many of the applications for detection and prevention of spyware include the detection of attacks on sites. This prevents the browser from accessing websites that could exploit browser vulnerabilities or download dangerous software. It is recommended to constantly update your browsing programs, because many of the cookies attacks are achieved by exploiting the weaknesses of the old versions of the browsers. All modern browsers offer the ability to change cookie settings. These settings are usually found in “browser options” or “preferences” menu.
6.3. The Customer has the right to object to the collection of his or her personal data and to request their deletion, revoking its agreement for the document and thus giving up any implicit right specified therein and without any subsequent obligation of any party to the other or without any party claiming the other part damages, but only in accordance with art. 2.8.
6.4. For the exercise of the rights under art. 6.3, the Customer or the Member will address Vismat SSH, according to the contact data available on the site valid on that date.
6.5. By using the forms available on the site, the Customer or the Member has the right to modify the data he/ she has initially stated to reflect any changes, if any.
6.6. Vismat SSH does not request or store any kind of information about the Customer’s card or bank cards, processed directly on the payment service provider’s servers.
6.8. Vismat SSH undertakes that Customer / Member’s collected data will be used only for declared purposes and will not to make public, sell, rent, license, transfer, etc. the database containing information about the personal or special data of the Member / Curstomer to any third party not involved in the fulfillment of the declared purposes.
6.9. Exceptions to the provisions of art. 6.9 will be made if the transfer/ access/ visualization/ etc is required by the competent bodies in the cases provided by the regulations in force at the date of the event.
6.10. Vismat SSH undertakes that the personal data of a User collected through the contact form will only be used until the problem communicated by him/ her has been resolved and then it will become exclusively statistical.
6.11. Vismat SSH is not responsible for malfunctions that may compromise the security of the server on which the database containing this data is hosted.
7. Online sales policy
7.1. Access to service
7.1.1. Access to service is allowed to any Member who owns or creates an Account on the site
7.1.2. In order to be granted access to the service, the Member will have to accept the provisions of the Document.
7.1.3. Vismat SSH reserves the right to limit the customer’s access to the Service and marketing campaigns (not to include it in the promotion and loyalty campaign, to allow him to order only with advance payment, etc.) as well as the right to cancel the orders already placed in the following cases:
– placing and declining more than two orders in the pay-to-delivery system,
– having more than 2 orders subsequently canceled by the Customer by using the “Cancel Order” button or a notification sent by him in writing to the email address email@example.com or
– the use of a tendentious language,
– infringement of intellectual property rights,
– access and existence of the Client’s Account might damage in any way Vismat SSH, Vismat SSH reserves this right except for the cases permitted by art. 7.3.7 and if any of the above mentioned criteria is met first. This right may be exercised at any time and the Customer is not required to do so.
7.1.4. Each Member can have one Account. It is forbidden to share an Account among several Members / Customers.
7.1.5. In case it is discovered a shared access by multiple Clients, Vismat SSH reserves the right to cancel or suspend Customer’s access to Content or Service. If orders are placed from suspended or canceled accounts, they will be automatically canceled.
7.1.6. Vismat SSH may refuse an order following a prior notice addressed to the Customer without any obligation between the parties and without one party claiming damages in the following situations:
- failing / canceling the online transaction;
- refusal by the Issuing Bank of the Client’s Card/ Transaction;
- providing incomplete or incorrect data by the Client;
- Customer’s activity may cause damages to the site www.mukibooks.com, the company VISMAT SSH SRL and/ or its partners;
- the Customer uses the Service in a manner not in accordance with normal usage and in good faith, or exercises its rights in order to harm or damage VISMAT SSH or in an excessive and unreasonable manner contrary to good faith;
- consecutive deliveries failed due to Customer’s fault;
- other justified reasons (eg., placement and unjustified abandonment of more than three orders within 30 days).
7.2. Products and services
7.2.1. Vismat SSH may publish on the site information about products, services and/ or promotions practiced by the company or any other third party with whom Vismat SSH has concluded contracts or partnership agreements within a certain period and limited to the available inventory.
7.2.2. The products and/ or services purchased through the service are for the sole use of the Customer.
7.2.3. Vismat SSH may limit the ability to purchase products or services available on the Site at a certain time to one or more Customers for well-founded reasons.
7.2.4. All fees for the products or services presented on the site are expressed in Euro and include VAT.
7.2.5. Invoicing the purchased products is made exclusively in EUR using the information provided by the Client in the intended form Vismat SSH is not responsible for the accuracy of the information provided by the Customer for the invoice or the impossibility of deducting expenses due to incorrect information provided by the Customer. The invoices are issued as follows: for the payments made before receiving the goods and services, the advance invoice is issued and for the payments made at the moment of receiving the products, the final invoice is issued at the time of shipment to the Client (deliveries to the courier). For corrections (cancellations, returns) cancellation invoices will be issued. All invoices are automatically issued and registered and included in tax reports. No corrections are accepted except for those changes in invoices made under legal methods and within deadlines.
7.2.7. Payment of products and/ or services purchased through the service can be done both online with the debit card, by bank transfer as well as by delivery to the courier only in cash. The cash service is available only for certain countries of delivery.
7.2.8. In the case of online card payments, Vismat SSH is not/ can not be held responsible for any additional cost incurred to the customer, including but not limited to currency conversion fees applied by the card issuing bank, if the currency of issuance differs from the RON. Responsibility for this action is borne only by the client.
7.2.9 Cash on delivery by courier (cash on delivery) is a delayed payment method for products with risks for Vismat SSH, that the Customer withdraws from the Contract. That’s why this option is only available in certain cases and only for certain products, and Vismat SSH reserves all rights to apply this option or not based on internal criteria. When placing the order, the Customer is informed and expressly accepts the selected/ available payment method. 7.2.10. Cash payment upon delivery (by courier) is a payment method available only in certain cases and only for certain products. If the Customer has undelivered and unpaid orders in a total amount equal to or more than 5000 RON, Vismat SSH offers the possibility to place additional orders only by prepayment (online or bank transfer). This option is enabled when placing your order on the site. Vismat SSH can NOT be required to offer the Payment option for cash, delivery (for courier) to customers with proven history of declining/ canceling orders or when, by doing otherwise contrary to normal usage and good faith, they may produce in any way damages to the site www.mukibooks.com, the company VISMAT SSH SRL and/ or its partners.
7.2.11. The information in the sales events used to describe the products, features and weight available on the site (static/ dynamic images/ multimedia presentations/ links to other sites, etc.) is not a contractual obligation on Vismat SSH, as a presentation. Vismat SSH may withdraw a product offer or change it at any time until an order is placed without incurring damages or other penalties to any potential customer.
7.2.12. In the images of products and/ or services, Vismat SSH reserves the right to use other products (accessories etc) that may not be included in the costs of the respective products and will therefore not be delivered to the purchase of the products. In this case, it is expressly stated in the description of good products that are for sale and they are also marked in the picture.
7.2.13. In the unlikely event that Vismat SSH will not be able to honor some of the products, it will notify the Customer by e-mail, offering one of the alternatives:
a. canceling the order or removing the order of the product that can not be delivere
b. receiving active credits on the site under certain conditions that may be used for purchases produced only on www.mukibooks.com.
7.3. Online order
7.3.1. The customer can order products sold at a time, on the web-site, by phone or on the official Facebook page of Vismat SSH, MukiQuietBooks/Mukibooks Spielbücher the offers being limited in time (after the indicated period no orders can be placed and the articles are no longer visible on www.mukibooks.com). The price displayed on the site at the time of the order will not change, being a fixed price. If the offers have expired, orders can not be placed. Vismat SSH can always modify prices, offers, quantities according to internal criteria (geographic location, availability, stock, etc.) with respect to already placed orders/ contracts. Vismat SSH can not be required to keep a certain price, unless for placed orders; potential customers who view offers but do not place orders can not request a price/ offer which is different from the one displayed on the website www.mukibooks.com
7.3.2. By completing the order, the Customer agrees that all the data provided by him/ her, necessary for the purchase process, is correct, complete and true at the time of placing the order, referred to in this document and the issued order.
7.3.3. The distance contract is considered concluded by Vismat SSH when the order placed by the Customer is electronically confirmed by Vismat SSH. Furthermore, prior to validating the Customer’s order and prior to shipping the products, Vismat SSH has the right to contact the Customer, by any means available/ agreed by Vismat SSH (telephone or e-mail), in order to obtain the Customer’s personal confirmation of the identification and delivery data. Customers accept that Vismat SSH can not be forced to validate/ deliver products to people who have not confirmed delivery and identification data.
7.3.4. Vismat SSH will unilaterally denounce and will automatically cancel the Customer’s order, even without prior notice addressed to the Customer, without any subsequent liability of either party to the other party, or without any party being able to claim the other damages in the following cases:
- 126.96.36.199. refusal by the issuing bank of the Client’s card of the transaction in the case of online payments;
- 188.8.131.52. invalidation of the transaction by the card processor agreed by Vismat SSH, in case of online payment;
- 184.108.40.206. the data provided by the Customer regarding the delivery (address, contact details) on the site are incomplete or incorrect;
- 220.127.116.11. Customer’s activity on the Site may cause and/ or is causing damages of any kind to Vismat SSH and/ or its partners;
- 18.104.22.168. having more than two consecutive deliveries failed;
- 22.214.171.124. for other objective reasons.
7.3.5. In the event that the Customer renounces to a prepaid order, made through a confirmed bank transfer or the online payment solution with the card, and in which the bank issuing the Client card has authorized the bank transaction, the amount will be reimbursed by Vismat SSH in maximum 14 days from the date when Vismat SSH became aware of this fact.
7.3.6. In the event that some products ordered by the Customer through a prepaid order (via confirmed bank transfer or online payment card payment) are no longer available on stock for reasons independent to SSH Vismat, Vismat SSH will inform the customer of this fact as soon as he/ she becomes aware and will order the reimbursement of the amounts paid in advance within 14 days of the customer’s notification.
7.3.7. A placed order can be modified only in the following situations and only at the Customer’s request. The customer will request this in writing by sending an email to firstname.lastname@example.org clearly mentioning the request and the order number.
a. The customer renounces to a product and notifies SSH Vismat before sending the order,
b. Increasing the quantity of an existing product in an order, a product that is in an active campaign at the time of requesting the order addition,
c. Delivery delay of up to two weeks above the maximum delivery limit,
d. Change of delivery address,
e. Order accumulation (valid only for pay-at-delivery orders) with close delivery times (maximum one day difference of the last day of the interval). When an order is picked up, the original command is canceled and its status will appear as the “canceled order”, and the items for the cumulative command will be added to the order that requires the cumulation.
f. Change of payment method,
g. Change of billing data. For the invoices already issued, no changes can be made with regards to the legal entity/ individual (replacement with a new person), but only corrections (of the name, contact data etc).
7.3.8. Orders can not be changed if the Customer opts for online payment or bank transfer of their counter value.
7.3.9. If a Customer modifies his or her personal data using the forms available on the site, all existing orders at that time retain the data defined/ accepted by the Customer prior to the change, accordingly taking into account the new data modified for delivery and contact.
7.3.10. A placed order may be canceled before sending it thorugh the “Cancel Order” button on the Client’s Account, or through a written request through e-mail to email@example.com sent by the Customer, clearly mentioning the cancellation and order number.
7.3.11. In any placed order, the client is required to verify and accept the contractual framework.
7.5. Contract and completion
7.5.1. Vismat SSH will issue and send to the Client all necessary documents stating the purchase of the products / services by the Client in accordance with the legislation in force.
7.5.2. Vismat SSH will facilitate the informing of the Customer on his/ her completion stage of the order by sending an email to the address indicated by the customer. The issued invoice will include all mandatory entries in accordance with the Fiscal Code and will be downloadable in pdf format from the Member’s account.
7.5.3. The contract and the documents certifying the delivery of the order by courier (AWB signed and settled) from Vismat SSH becomes the Honored Contract.
7.5.4. The contract is concluded for a specified period of time. It shall be deemed to have ceased at the time the Parties fulfill their mutual obligations within the terms and conditions set forth in this Document.
7.5.5. If there are any differences between the list of delivered products (as accessed from “My Account”) and the contents of the package, the Customer has the obligation to notify Vismat SSH and the courier (if found to be present) in no more than 24 hours from receipt of the order or by e-mail to address firstname.lastname@example.org with related details (photo, explanation, etc.). If the Customer has not made a statement in the presence of the courier, he/ she can NOT invoke the differences.
7.6.1. The transport of products purchased from Vismat SSH can be done either through a courier, contracted by VISMAT SSH, or through the postal service, as follows:
a) COURIER (this service is available only for deliveries in the following countries: Romania, Italy, Austria, Germany, Hungary, Bulgaria, Poland, Croatia, Denmark, Estonia, Luxembourg, Switzerland, Slovenia, Lativa, Lithuania). The delivery cost depends on the destination country and is detailed in Table 1 from the present Terms and Conditions.
b) POST (service available to all countries). The delivery cost is detailed in Table 1 from the present Terms and Conditions.
|Table 1|| || || |
|DELIVERY COUNTRY||COURIER (price in EUR, with VAT)||POST (price in EUR, with VAT)|
| ||valid for all products, regardless of dimensions and weight||weight is >0.5kg||weight is <0.5kg|
|Romania||4||not available||not available|
|Czech Republic||4||not available||not available|
|Croatia, Danemarca, Estonia, Lux, Elvetia, Slovenia, Letonia, Lituania||17||9||7|
|Rest of the European Union||not available||9||7|
|Rest of the world||not available||9||9|
Vismat SSH estimates the cost of transport on the basis of internal indicators and the Customer expressly accepts the cost estimation of the transport, regardless of the data underlying the determination of the cost. As a consequence, the Customer can not subsequently request the placement of the order for a lower cost of transport based on individual weights or measurements of the package.
7.6.2. The delivery time of an order is expressly communicated when it is placed and represents a time interval influenced by: manufacture of the goods by Vismat SSH in the situation when the asset is not in stock, the personalization of each product with the name, the processing times at the logistics center in the Vismat SSH warehouse, working days of the month, the number of products in the order and the processing times of each product, etc. Total delivery time may be offset by a product with a longer period, so the Customer agrees that by aggregating more products in one order, it distributes the delivery of products until the most distant date. As a rule, the products in one order are delivered in a single package with a unique AWB (there will be no no partial delivery of the order, unless the Customer agrees to paying additional fees for the transport).
Deliveries will usually take place within the period of the order placement and the Customer can obtain delivery status information at any time. If the product will be shipped with the deadline exceeded, Vismat SSH will promptly inform the Customer by e-mail providing two options:
– the Customer may either cancel (in writing) the order / product
– either he/ she accepts the new proposed delivery deadline.
In the event that the payment has been made in advance to the delivery, the amount paid will be refunded in full according to the law, within maximum 14 days from the date of renunciation.
7.6.3. Vismat SSH can have free delivery promotional campaigns (charging a delivery charge – as defined in 7.2.9, at 0 ron (zero)). Free delivery applies for the purchase of goods under certain conditions, including but not limited to:
- the weight of the package is less than 5 kg.
- maintaining the contract/ order in the initial formula (no changes/ delays).
- change of the order at Vismat SSH initiative: changes regarding the delivery period (especially deferrals), products that become unavailable, other system errors etc.
7.7. Quality and warranties
7.7.1. All products that are sold on www.mukibooks.com have the warranty provided by the manufacturer of the product. The warranty is settled at Vismat SSH S.R.L. presented on the contact page by Vismat SSH S.R.L., by repairing or replacing the defective product. Payment of the shipping for the products sent for returning the guarantee is the responsibility of Vismat SSH S.R.L. and the shipment will be done by means of the courier contracted by VISMAT SSH or the national or international postal service. The guarantee can be solved in maximum 30 calendar days.
7.7.2. Products that have physical defects such as bumps, cracks, chipping, components / parts burnt or cracked etc., damaged or removed warp or seals, products used in inappropriate conditions (inadequate supply voltages, subject to high temperature and pressure variations, mechanical shocks, incorrect handling, use of products in humid, dusty, noxious or chemical substances, etc.), penetration of liquids, metals or other substances inside the products, mechanical or plastic intervention on the products are not subject to the warranty.
7.7.3. The Vismat SSH team will ensure total involvement to resolve any issues that may arise with certain products from unknown or non-dependable causes.
7.8. Quitting agreement and product return
7.8.1. Vismat SSH Customer may return products purchased through a Contract and is entitled to receive the full value for products in the following situations:
- 126.96.36.199. Products show severe damage that makes them non-compliant;
- 188.8.131.52. The delivered products are different (specifications, quantity, etc.) than the placed order;
- 184.108.40.206. Products have manufacturing defects
- 220.127.116.11 The customer has withdrawn from the contract within 14 days from the date of delivery of the order, pursuant to art. 9 of Government Emergency Ordinance no. 34 of 4 June 2014 on consumer rights in contracts concluded with professionals, as well as for amending and completing some normative acts
7.8.2. Vismat SSH may cover all shipping costs for returned products (regardless of the reason for return) as well as the loyalty procedure using the form mentioned in art. 7.8.3 point a).and the return is requested and processed through the section My Account on www.mukibooks.com. If the Customer uses another courier or other means of delivery (post, personally), the return address for the products is Şcheia, Şcheia Commune, Cetăţii Street, No. 69, Suceava County, and art. 13 paragraph 3 and art. 14 of the Government Emergency Ordinance no. 34 of 4 June 2014 on consumer rights in contracts concluded with professionals, as well as amending and supplementing normative acts will apply.
7.8.3. Prior to the expiration of the withdrawal period, the Customer informs Vismat SSH about his decision to withdraw from the contract. For this purpose, the Customer may choose one of the following options:
- a) to use the template withdrawal form available on the Vismat SSH SRL website in the Return section;
- b) to make any other unequivocal statement in which he expresses his decision to withdraw from the contract.
7.8.4. The Customer who has notified Vismat SSH pursuant to Article 7.8.3 is responsible for ensuring that the products to which he/ she has referred have been returned or handed over to Vismat SSH or a person authorized by Vismat SSH to receive the products (usually the courier company indicated in the Return form on www.mukibooks.com) without undue delay and within the 14 days of the date on which Vismat SSH communicated his/ her decision to withdraw from the contract. The term is respected if the products are shipped by the Customer before the expiry of the 14-day period properly packaged for protection during transport.
7.8.5. The Customer of Vismat SSH will not be able to return the purchased products and/ or claim any other damages/ compensation in the following situations:
18.104.22.168. In the event that the request for return for any of the situations provided in art. 7.8.1 has the date of dispatch of the notification of the intention to return which exceeds the 14-day period provided under Article 7.8.2, calculated from the working day following the date of the honored contract.
22.214.171.124. In the event that a product is returned as a motivation for one of the situations provided in art. 7.8.1, and the returned product is not in the same condition as it was delivered (with the documents that accompanied it, with all the components).
126.96.36.199. In case of products that were made under the specifications required by the Customer or clearly personalized.
188.8.131.52. In case of sealed products which can not be returned for health or hygiene reasons have been ordered, delivered and have been unsealed by the Customer (these products are marked as non-returnable products).
184.108.40.206. In case the products ordered and delivered that are, after delivery, according to their nature, inseparably mixed with other items.
7.8.6. The Member/ Customer will be informed in the order placement email if the product is refundable or not and if there are any costs in case of return. Products that constitute a kit/ set must be returned as a kit/ set.
7.8.7. In the event of Customer’s withdrawal from the contract, Vismat SSH shall reimburse all amounts it has received as payment on its part, including, without undue delay and in any case not later than 14 days from the date when he is informed about the withdrawal decision of the Customer according to art. 7.8.2. and 7.8.3. The return is made using the same payment methods as those used by the Client for the initial transaction, unless the Customer has agreed to another payment method and provided that the Customer does not pay the commission for the reimbursement.
7.8.8. Vismat SSH Customer may return products purchased through a Contract and is entitled to receive the partial value of paid for products if they are in a state of diminishing resale value (not all components, no initial documentation, or other causes that alter the initial product).
7.8.9 If the customer does not pack properly for the protection / handling of the returned products, the courier indicated in the return form is entitled not to take back the returned goods at the expense of Vismat SSH. If the customer sends products packaged inappropriately for protection/ manipulation by another method (other courier, Romanian post, personal delivery etc.), he is responsible for any damage, defects, decompletions found at the return receipt. The above provisions do not refer to the original packaging of the products but to any packaging that according to courier standards specified on the courier page is able to protect the products according to their specifics (material, dimensions etc.).
8.1. Vismat SSH does not require customers or users through any means of communication (e-mail / telephone / SMS / etc) information regarding confidential data, bank accounts / cards or personal passwords.
8.2. The Customer/ Member has full responsibility for disclosing to a third party his/ her confidential data.
8.3. Visat SSH declines any responsibility in the event that a Member/ Customer is/ could be prejudiced in any form by a third party who claims to be/ represents the interests of Vismat SSH.
8.4. The Customer or the Member will inform Vismat SSH of such attempts using the contact data.
8.5. Vismat SSH does not promote SPAM. Any Member/ customer who expressly provided his/ her email address on the site may opt to disable the client account associated with this email address.
8.6. Communications made by Vismat SSH through electronic means of remote communication (i.e., e-mail) contain the full and conforming identification data of the sender or links to them at the date of transmission of the content.
8.7. The following purposes will be considered an attempt to fraud the Site/ Content and/ or Vismat SSH. Vismat SSH reserves the right to initiate criminal prosecution against the person or persons who have attempted to or have reached this (these) purpose(s):
8.7.1. to access any type of data of another Member/ Customer by using an account or in any other manner.
8.7.2. to alter or modify the content of the Site or any mail sent by any means by Vismat SSH to the Member/ Customer.
8.7.3. to affect the performance of the server / servers running the site.
8.7.4. to access or disclose to any third party who does not have the necessary legal authority the content sent by any means by SSH Vismat to the Member / Client when it is not the legitimate recipient of the content.
- Liability waiver
9.1. Vismat SSH can not be held responsible in any way before any Member/ Customer who uses the Site or the Content, other than within the terms of these Terms and Conditions.
9.2. If a Member/ Customer considers that Content sent by any means by Vismat SSH violates any copyright or any other rights, he/ she may contact Vismat SSH for details, at the contact details stated on email@example.com so Vismat SSH can take an informed decision.
9.3. Vismat SSH does not provide any warranty that the Member or the Customer will access to the site or to the service in the absence of registration by the latter through the registration steps of the site and does not give him the right to download or to partially and / or in whole amend the content, to copy, or to exploit any content in any other manner, or transfer to any third party any content on which it has and/ or obtained access under an agreement of use without previously written approval by Vismat SSH.
9.4. Vismat SSH is not responsible for the content, quality or nature of other sites reached through links from the content, regardless of the nature of these links. For those sites, the responsibility is hel in full by their owners.
9.5. Vismat SSH is free of any fault in case of usage of the site and/ or the content transmitted to the Member or the Customer by any means (electronic, telephone, etc.) through the websites, e-mail or an employee of Vismat SSH, when such use of the Content may cause or causes damages of any kind to the Member, the Customer and/ or any third party involved in this Content Transfer.
9.6. Vismat SSH does not offer any direct or indirect warranties like:
9.6.1. the service will be in accordance with customer requirements
9.6.2. the service will be uninterrupted, secure, or error free in any way
9.6.3. products/ services obtained free of charge or paid for through the service will meet the requirements or expectations of the customer.
- Force majeure and fortuitous event
10.1. Except if otherwise expressly provided, none of the parties to a concluded contract, which is still in progress, will be liable for the non-performance in time and/ or the right, in whole or in part, of any of the obligations if the non-execution of the obligation was caused by a force majeure event.
10.2. The Party or the legal representative of the Party invoking the above mentioned event is required to notify the other party immediately and fully of its production and to take any measures available in order to limit the consequences of that event.
10.3. The party or legal representative of the party claiming the above event is relieved of this obligation only if the event prevents it from carrying it out.
10.4. If within 15 days of its occurrence that event does not cease, each party shall have the right to notify the other party of the lawfull termination of the contract without any one of them being able to claim damages from the other party.
10.5. The party invoking the force majeure event must prove the impossibility of performing the obligations within 30 days from the date of the event but within the limits of art. 10.3.
10.6. Exceptionally (without any guilt of Vismat SSH) and due to a fortuitous case (such as a carrier or supplier’s accident) it is possible that the delivery of the products can not be made. In this case, the Customer will be able to receive an actively promotional credit (at Vismat SSH option and on a case-by-case basis) that can be used unlimited for the purchase of products on www.mukibooks.com.
11.1. By using/ visiting/ viewing/ etc. the sites and/ or any content sent by Vismat SSH to the Member/ Customer through access and/ or dispatch by any means (electronic, telephone, etc.), he agrees at least to these “Terms and conditions”.
11.2. Any dispute relating to these Terms and Conditions that may arise between the Member / Customer and Vismat SSH will be solved amicably.
11.3. Any dispute of any kind that may arise between Member and Vismat SSH or its partners will resolve amicably. If this is not possible, the conflict will be settled by the competent court at Vismat SSH, in accordance with applicable law.
11.4. If any of the above clauses are found to be null or void, irrespective of the cause, this clause will not affect the validity of the other clauses.
11.5. This document has been drafted and will be interpreted in accordance with the Romanian legislation.
- DECLARATION OF CONFORMITY
12.1. Safety is our first priority and all our products are tested to the relevant safety standards, having an EC mark applied.
12.2. Please ensure that you check the labelling on the packaging, which indicates the age group for which the product is suitable. Please take note of any other warnings or recommendations and keep toys intended for older children well away from younger children.
12.3. Toys make an essential contribution to child development. To ensure the best experience for our children, keep in mind the following Toy Safety Tips:
12.3.1. Before purchasing the toy:
- Read all warnings and instructions,
- Look for the CE mark, the confirmation that the toy complies with all EU safety rules, which are amongst the strictest in the world,
- Choose toys suitable for the child’s age, abilities and skill level,
- Follow the age recommendation
- Do not buy toys with small detachable parts for children under 3 years of age.
12.3.2. After purchasing your toy:
- Follow carefully the instructions for proper toy assembly and use,
- Keep an eye on children as they play,
- Check toys from time to time for breakage or over-usage and remove broken toys immediately
- Remove all packaging
- Final provisions
13.1. Vismat SSH reserves the right to be able to make any changes to these provisions, as well as any changes to its site/ structure/ service as well as to any content without prior notice to the Member or Customer.
13.2. Subject to the Terms and Conditions, Vismat SSH will not be held responsible for any errors occurring on the Site for any reason, including any changes, settings, etc. not made by the Site Administrator.
13.3. Vismat SSH reserves the right to place advertising banners of any nature and/ or links on any page of the site, in compliance with applicable law.
14. Contact and other information
14.1. If you have any questions or suggestions regarding Vismat SSH, please contact us at the phone number +40745099253 Monday to Friday, 09: 00-18: 00, or by e-mail at firstname.lastname@example.org
14.2. Any comments, questions, feedback, ideas, suggestions, or other communications or information about or relating to the site www.mukibooks.com, its functionality or enhancement will remain the property of Vismat SSH SRL.