Terms and conditions

1. DEFINITIONS AND TERMS

HEFFA.eu – is the commercial name of SC HEFFA CARGO SYSTEMS SRL, a legal entity of Romanian nationality, having its registered office in Chisoda, Calea Sagului no. 235, Floor 1, Office B4, TIMIS District, with serial number in the Trade Register J35/3281/2018, unique fiscal registration code RO39909082

Seller  –  HEFFA.eu .

Buyer  – natural person / legal person or any legal entity that creates an Account on the Site or places an Order on the Site.

Client  – ​​natural person / legal entity who has or obtains access to the CONTENT, through any means of communication made available by HEFFA.eu (electronic, telephone, etc.) or based on an existing user agreement between HEFFA.eu and it and which requires the creation and use of an ACCOUNT.

User  – any natural/legal person registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the General Terms and Conditions section.

Nickname/Username  – pseudonym by which a particular User/Client/Buyer can add Content to the Site. The nickname is associated with the User/Client/Buyer’s information on the Site under the name “Username”.

Account  – the section on the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order and which contains information about the Client/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods guarantees, etc.).

Website  – domain www.HEFFA.eu and its subdomains.

Order  – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer transmits to the Seller, through the Site, his 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, to be provided by the Seller to the Buyer as a result of the concluded Contract.

Campaign  – the action of displaying for commercial purposes a finite number of Goods and/or Services with a limited and predefined stock, for a limited period of time established by the Seller.

Contract  – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.

Content  • all information on the Site that can be visited, viewed or otherwise accessed using an electronic device; • the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication; • any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, whether or not specified by the latter; • information related to the Goods and/or Services and/or the rates charged by the Seller in a certain period; • information related to the Goods and/or Services and/or the rates charged by a third party with whom the Seller has concluded partnership contracts, in a certain period; • data relating to the Seller, or other privileged data of the latter.

Document  – ​​these Terms and Conditions.

Newsletter  – a means of periodic, exclusively electronic information, namely electronic mail (e-mail, SMS) on the Goods and Services and/or promotions carried out by the Seller in a certain period, without any commitment from the Seller with reference to the information contained therein.

Transaction  – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by HEFFA.eu, to the Buyer, by 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 set out in their description.

2. CONTRACTUAL DOCUMENTS

2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone/WhatsApp or e-mail) through which the Seller conducts its commercial operations.

2.2. The notification received by the Buyer after placing the Order is for information purposes only and does not constitute acceptance of the Order. This notification is made electronically (e-mail) or by telephone.

2.3. For justified reasons, the Seller reserves the right to change the quantity of the Goods and/or Services in the Order. If it changes the quantity of the Goods and/or Services in the Order, it will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will return the amount paid.

2.4. The contract is considered concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, via e-mail and/or SMS, of the notification of dispatch of the Order.

2.5. For Orders to be delivered to HEFFA.eu showrooms and delivery points, the prices and reservations of the Goods and/or Services are valid 48 (forty-eight) hours from the registration of the Order by the Buyer.

2.6. The document and information made available by the Seller on the Site will form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or a supplier thereof for the purchased Goods.

3. ONLINE SALES POLICY

3.1. Access to place an Order is allowed to any Customer/Buyer. For justified reasons, HEFFA.eu reserves the right to restrict the Customer/Buyer’s access to place an Order and/or to some of the accepted payment methods, if it considers that based on the Customer/Buyer’s conduct or activity on the Site, his/her actions could in any way harm HEFFA CARGO SYSTEMS srl. In any of these cases, the Customer/Buyer may contact the Customer Relations Department of HEFFA.eu, to be informed of the reasons that led to the application of the aforementioned measures.

3.2. Communication with the Seller can be achieved through direct interaction with him or through the addresses mentioned in the “contact” section of the Site. The Seller has the freedom to manage the information received without having to provide justification for it.

3.3 In the event of an unusually high volume of traffic coming from an internet network, HEFFA.eu reserves the right to ask Customers/Buyers to manually enter captcha validation codes, in order to protect the information on the Site.

3.4. HEFFA.eu may publish on the Site information about Goods and/or Services and/or promotions practiced by it or by any other third party with whom HEFFA.eu has concluded partnership contracts, within a certain period of time and within the limit of available stock.

3.5. In the case of online payments, the Seller is not/cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, if the issuing currency differs from RON. The Buyer is solely responsible for this action.

3.6. 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, they are used exclusively for presentation purposes.

4. ASSIGNMENT AND SUBCONTRACTING

The Seller may assign and/or subcontract to a third party the Services related to the fulfillment of the Order, without informing the Buyer, and the Buyer’s consent is not required. The Seller shall always be liable to the Buyer for all contractual obligations.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY LAW

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, are the exclusive property of aHEFFA.eu, with all rights obtained in this regard directly or indirectly (through use and/or publication licenses) being reserved.

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 one intended by  HEFFA.eu , include any Content outside the Site, remove the signs signifying HEFFA.eu ‘s copyright   on the Content as well as participate in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of  HEFFA.eu .

5.3. Any Content to which the Client/Buyer has and/or obtains access by any means is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between  HEFFA.eu  and it, and without any implicit or express warranty made by HEFFA.eu with reference to that Content.

5.4. The Customer/Buyer may not copy, transfer and/or use the Content for personal or non-commercial purposes.

5.5. If  HEFFA.eu  grants the Client/Buyer the right to use, in the form described in a separate user agreement, a certain content, to which the Client/Buyer has or obtains access pursuant to this agreement, this right extends only to that content or contents defined in the agreement, only during the period of its existence or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and does not represent a contractual commitment on the part of  HEFFA.eu  for the respective Client/Buyer or any other third party who has/obtains access to this transferred content, by any means and who could be or is prejudiced in any way as a result of this content, during or after the expiration of the user agreement.

5.6. No Content transmitted to the Client or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him through access, visit and/or viewing does not constitute a contractual obligation on the part of  HEFFA.eu  and/or the employee/agent  of HEFFA.eu  who mediated the transfer of Content, if any, with respect to the respective content.

5.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying user agreement, if any, is prohibited.

6. ORDER

6.1. The Customer/Buyer may place Orders on the Site by adding the desired Goods and/or Services to the shopping cart, and then finalizing the Order by making payment through one of the methods 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. Adding a Good/Service to the shopping cart, in the absence of the Order being finalized, does not entail the registration of an order, nor does it imply the automatic reservation of the Good/Service.

6.2. 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 date of placing the Order.

6.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation in which it is necessary to contact the Buyer.

6.4. The Seller may cancel the Order placed by the Buyer, following a prior notification to the Buyer, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other in the following cases:
6.4.1. non-acceptance by the issuing bank of the Buyer’s card of the transaction, in the case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by  HEFFA.eu , in the case of online payment;
6.4.3. the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;

6.4.4. the production and delivery deadline requested by the Buyer cannot be met by the Seller;

6.4.5. the materials necessary for the production of the order are not found in the stock of the Seller’s suppliers.

6.5. If the Client/Buyer requests Withdrawal from the Contract, the amounts paid will be returned as follows:

– for products that are not personalized, within 14 calendar days of receiving the product, the amount is fully refunded upon return of the product by the Buyer in the same condition in which it was received: without scratches, traces of use, with all the packaging in which the product was received by the Buyer.

– for products that are not personalized, if more than 14 calendar days have passed since receiving the product, they cannot be returned and no amount will be refunded to the Customer/Buyer.

– for products that are personalized, they cannot be returned and no amount is refunded to the Customer/Buyer. (Personalization means any logo, text, extra information or other atypical markings or dimensions that a customer may request separately from the standard product: e.g. personalizing the label of an anchor strap with the insignia of brand X owned by the customer. This type of product personalized on request cannot be returned!)

– for services provided, no amount is returned to the Client/Buyer.

– for services not provided, the full amount is returned to the Client/Buyer.

6.6 The amounts to be returned will be returned as follows:
6.6.1. for Orders paid with OP/refund/Online Payment/Bank card—-> return by bank transfer to the account mentioned by the customer;

6.7. In the event that a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and will return the value of the Good and/or Service to the Buyer’s account, within a maximum period 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 expressed his intention to terminate the Contract.

* Mention of product/order return registration policy

To register a product return or for a full order, the customer must send an information email to sales@heffa.eu, containing the following:

– reason for product return (optional)

– if the return is due to a quality problem, this will be mentioned
– order no. info and order date
– name of the product or products to be returned (the product names will be noted exactly as they appear on the invoice or order email) + quantity to be returned
– for orders placed online and paid through PO or by online card payment, an IBAN account will also be mentioned where the amounts are to be returned after checking and confirming the product return!

The maximum term for returning the amounts from the return is 30 days from the moment of confirming receipt of the package with the returned products!

THE TRANSPORTATION PAYMENT for the return is the responsibility of the customer in all cases, except in the following situations:
– wrong order by Heffa.eu
– products with missing accessories, incomplete
– products with clear traces of manufacturing defects (small scratches are excluded for products that are intended for use in environments with increased potential for scratches, impacts: e.g. car and cargo anchoring straps, bumpers, protective corners, protective mats, towing and lifting cushions, etc.).

ORDER RETURN ADDRESS:

SC Heffa Cargo Systems SRL,
WAREHOUSE ADDRESS:
Calea Sagului 235, hall D3/D14
Loc. Chisoda 307221 Timis County, Romania
For the attention of / contact person:
NICU SPERDEA, TEL. +40 799 910 421

7. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT PROVIDED

7.1. The following are exempt from the right of withdrawal from the Contract:
7.1.2. service contracts, after the complete provision of the services, if the performance has begun with the prior express consent of the Buyer and after the Buyer has confirmed that he has become aware of the fact that he will lose his right of withdrawal after the complete performance of the Contract by the Seller;
7.1.3. supply of Goods and/or services whose price depends on fluctuations in the financial market that the Seller cannot control and which may occur during the withdrawal period;
7.1.4. supply of Goods made to the specifications presented by the Buyer or clearly personalized;
7.1.5. supply of Goods that are susceptible to deterioration or expire quickly;
7.1.6. supply of sealed Goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Buyer;
7.1.7. the supply of Goods which, after delivery, are, by their nature, inseparably mixed with other elements;
7.1.8. the supply of alcoholic beverages the price of which was agreed upon at the time of conclusion of the Contract, the delivery of which cannot be made before 30 (thirty) days and the actual value of which depends on market fluctuations which the Seller cannot control;
7.1.9. contracts where the Buyer has specifically requested the Seller to travel to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Seller provides other services than those expressly requested by the Buyer or supplies Goods other than the spare parts indispensable for carrying out the maintenance or repair work, the right of withdrawal applies to those additional Services or Goods;

8. CONFIDENTIALITY

8.1. Information of any nature provided by the Buyer/Client to the Seller will remain the property of the Seller.

8.2. No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.

9. ADVERTISING

9.1. HEFFA.eu newsletters   are sent through specialized partners approved by  HEFFA.eu . Thus, the confidentiality and security of information and personal data are ensured. Heffa.eu will not communicate personal data to other entities without prior communication of this aspect.

9.2. The Client or Buyer may opt out of receiving Newsletters at any time using the specially designated link within any Newsletter.

9.3. Opting out of receiving Newsletters does not imply waiving the consent given for this Document.

10. BILLING – PAYMENT

10.1. The prices of Goods and Services displayed on the HEFFA.eu website   can be displayed both in RON and in Euro and are displayed both with and without VAT, both on the page of each product and in the cart.

10.2. The price, payment method and payment term are specified in each Order. The Seller will issue an invoice to the Buyer for the Goods and Services delivered, the Buyer’s obligation being to provide all the information necessary for issuing the invoice in accordance with the legislation in force.

10.3. For correct communication of the invoice related to the Order, the Buyer is obliged to update the data in his Account whenever necessary and to access the information and documents related to each Order, existing in the Account.

10.4 The payment card data of the Client/User/Buyer will not be accessible  to HEFFA.eu  nor will they be stored by  HEFFA.eu  or by the payment processor integrated into the Site, but only by the Transaction authorization institution or another entity authorized to provide card identification data storage services, of whose identity the Client/User/Buyer will be informed, prior to entering the data.

10.5 In certain cases, to maintain the security of Transactions, upon registration of the Order, the Buyer will be asked to authorize the payment by re-entering the password associated with the Account or using the fingerprint in the case of mobile terminals that have this facility.

10.6 For Transaction security reasons, the Client/User/Buyer is advised not to remain logged in to the Site and not to set the automatic login option on mobile devices. Disclosing the account access password is not permitted and it is recommended to use a strong security password.

11. DELIVERY OF GOODS

11.1. The Seller undertakes to deliver the Goods by door-to-door courier system to the Buyer or to HEFFA.eu showrooms  , according to the Customer’s option.

11.2. The Seller will ensure the proper packaging of the Goods and will ensure the transmission of accompanying documents.

11.3. The Seller will deliver the Goods and Services only on the territory of Romania.

11.4. Delivery is made by approved Courier and the delivery time is 1-3 business days. Processing of orders received through the website may take up to 2 business days.

12. WARRANTIES

12.1. All Goods sold by  HEFFA.eu , except for resealed Goods, benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers. The Goods are new (except for resealed Goods), in original packaging and come from sources authorized by each manufacturer or are produced by  HEFFA.eu .

12.2. In the case of resealed Goods, the warranty certificate is issued by  HEFFA.eu , and the warranty may cover a different period than the warranty period of the same new, sealed Good. The warranty period is specified in the warranty certificate for each resealed Good separately. The conditions of use, handling and transportation of a resealed Good are the same as those of sealed products and benefit from the same services unless otherwise stipulated on the product page.

13. TRANSFER OF OWNERSHIP OF GOODS

Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning delivery – signing the receipt of the transport document provided by the courier or signing the receipt on the tax invoice in the case of deliveries made by the Seller’s staff).

14. LIABILITY

The Seller cannot be held liable for damages of any kind that the Buyer or any third party may suffer as a result of the Seller’s performance of any of its obligations under the Order and 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 the Account data (username and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his Account.

By creating the Account and/or using the Content and/or placing Orders, the Client/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing on the date of creating the Account and/or using the content and/or on the date of placing the Order.

After creating the Account, use of the Content is equivalent to acceptance of the changes made to the Site Terms and Conditions and/or updated versions of the Site Terms and Conditions.

The Terms and Conditions of the Site may be modified at any time by  HEFFA.eu , and they are binding on Customers / Users / Buyers from the date of display on the Site. Acceptance of the Terms and Conditions of the Site is confirmed by checking the corresponding checkbox on the Site and/or by sending the Order and/or by making an online payment.

15. PROCESSING OF PERSONAL DATA

16.1.  HEFFA CARGO SYSTEMS SRL  is registered in the Personal Data Processing Registry under number 0013765 / 01.06/2016

16.2. According to the requirements of Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented,  HEFFA CARGO SYSTEMS SRL  is obliged to manage in safe conditions and only for the specified purposes, the personal data you provide to us.

16.3. The purpose of data collection is: informing Customers/Buyers about the status of their Account, informing Buyers about the evolution and status of Orders, evaluating the Goods and Services offered, commercial activity, promotion of Goods and Services, marketing, advertising, media, administrative, development, market research, statistics, tracking and monitoring of sales and Customer/Buyer behavior.

16.4. By completing the data in the account creation and/or Order form, the Buyer declares and unconditionally accepts that his personal data be included in the database of  HEFFA CARGO SYSTEMS SRL , registered in the Personal Data Processing Registry under number 0013765 / 01.06/2016 and gives his express and unequivocal consent that all such personal data be stored, used and processed without territorial and/or temporary limitation by  HEFFA CARGO SYSTEMS SRL , its affiliates and collaborators for the development and/or carrying out by  HEFFA CARGO SYSTEMS SRL , its affiliates and collaborators of activities such as, but not limited to, commercial activities, promotion of products and services, marketing, advertising, media, administrative, development, market research, statistics, tracking and monitoring of sales and consumer behavior. Also, the Buyer expressly and unequivocally agrees that this personal data may be transferred (ceded) by  HEFFA CARGO SYSTEMS SRL  to both its affiliates and to other entity(ies) in the country or abroad.

16.5. By reading the Document, you acknowledge that you are guaranteed the rights set forth above.

GDPR POLICY

DATA REQUESTED

According to the requirements of the General Data Protection Regulation (GDPR) (General Data Protection Regulation (EU) 2016/679) for the processing of personal data and on the free movement of such data,  HEFFA.eu  is obliged to manage the personal data you provide to us securely and only for the specified purposes.

The HEFFA.eu website   is operated by the company  SC Heffa Cargo Systems SRL , with office in Calea Sagului 235, hall D3/D14 Chisoda 307221 Timis County, Romania, registered in the Trade Register with number  J35/3281/2018 / CUI RO39909082.

HEFFA.eu  is an Operator of the personal data that you (the data subject) transmit to us.

HOW WE USE YOUR DATA.

We need your personal data to provide you with the Services, for the following purposes:

  • To process the order and provide the desired products and services;
  • To evaluate the products and services we provide to you;
  • To provide you with access to the site’s functionalities as a registered user;
  • For site administration
  • To analyze and improve the site, the commercial offer and the advertising we carry out;
  • To offer you the opportunity to participate in contests, promotions;
  • To send you non-commercial or administrative messages (regarding changes to the site, user account, etc.);
  • To send you offers, promotions, advertising and marketing messages regarding  HEFFA.eu’s  activity  if you have expressed your consent to this.


HOW DO WE PROCESS PERSONAL DATA?

Your personal data is processed at the company’s headquarters. The hosting and storage of your data takes place on the territory of Romania.

We may provide your personal data to other companies with whom we have partnership relationships, but only under a confidentiality commitment from them and only for the purposes mentioned in this document. The information requested in the case of online payments is subject to the terms of use of the payment processors, and  HEFFA.eu  will not request or store any details regarding your card.

We will disclose information if this is justified in order to protect us against fraud, defend our rights or property. We may also need to disclose your information to comply with our legal obligation to respond to lawful requests from authorities. Your personal data will only be disclosed when we believe, in good faith, that we have an obligation to do so in accordance with the law.

HOW LONG WILL WE KEEP YOUR DATA?

We will store your information for as long as we are required by law. If there is no legal requirement, we will only store it for as long as necessary to be able to provide you with our services. Based on a request sent to  HEFFA.eu  by email to sales@heffa.eu or using the options available on the site, you can request us to cancel your user account and delete or anonymize your data.

We will retain any personal data we hold for marketing purposes until you notify us that you no longer wish to receive this information.

WHAT ARE YOUR RIGHTS?

If you believe that any of your personal data that we hold about you is incorrect or incomplete, you have the right to request access, rectification or deletion of this information. You can contact us by email at contact@HEFFA.eu or via the contact form on the website.

If you wish to complain about the way we have managed your data, please contact us by email at sales@heffa.eu or via the contact form on the website or by phone.

We will review your complaint and work with you to resolve the issue.

Thank you!