TERMS AND CONDITIONS OF USE (BEST SLEEP SITE)

1. DEFINITIONS AND TERMS

Seller - SC KA&MA TRADING SRL, with registered office in Str. Riga, no. 4, loc. Mosnita Noua, Jud. Timis, registered at the Trade Register under no. J35/105/2011, tax code RO 27921414, Best Sleep registered trademark of SC KA&MA TRADING SRL, Website – www.bestsleep.ro and its subdomains, email office @bestsleep.ro and comenzi@bestsleep.ro

Buyer – natural person/legal entity or any legal entity that creates an account on the Site and issues an Order.

User- The site can be accessed free of charge, and simply browsing its pages is not conditioned by user registration. However, in order to benefit from certain services offered by the site, as well as to purchase the products offered by it or to check the status of your own orders, you will need to register as a user. Registering as a user implies your prior acceptance of the terms and conditions of use of Best Sleep, the registered trademark of SC KA&MA TRADING SRL, and its privacy policy. These regulations constitute the contractual basis of the relations between users and the company. Since the provisions of the terms and conditions of use and the privacy policy may be changed, please review them periodically. If you no longer agree with their provisions, please stop accessing/using the Best Sleep services. If you use this site, you are responsible for maintaining the confidentiality of the access data in your user account created on the site and you agree to take responsibility for the activities performed under your user account created on the site. Best Sleep reserves the right to close user accounts, modify/remove texts, images, or refuse the sale of products at its sole discretion. created on the site and you agree to assume responsibility for the activities performed under your user account created on the site. Best Sleep reserves the right to close user accounts, modify/remove texts, images, or refuse the sale of products at its sole discretion. created on the site and you agree to assume responsibility for the activities performed under your user account created on the site. Best Sleep reserves the right to close user accounts, modify/remove texts, images, or refuse the sale of products at its sole discretion.

Nickname – pseudonym by which a certain User/Client/Buyer can add Content to the Site. The nickname is associated with the information on the Site of the User/Client/Buyer under the name "Username".

Client – ​​natural person / legal entity that has or obtains access to the CONTENT, through any means of communication made available by SC KA&MA TRADING SRL (electronic, telephone, etc.) or based on an existing user agreement between SC KA&MA TRADING SRL and this and which requires the creation and use of an ACCOUNT.

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.

Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and to make payment for them.

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

Account – the section of 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.).

Contract - represents the distance contract according to the definition contained in GEO 34 of June 4, 2014, 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 by 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, specified or not by him;

•     information related to the Goods and/or Services and/or the rates applied by the Seller or by a third party with whom the Seller has concluded partnership contracts, during a certain period;

•     data related to the Seller, or other privileged data of the Seller.

Intellectual property rights - the content and design of SC KA&MA TRADING SRL -Best Sleep, as well as any other related material sent by you via email or provided by any other means, belong to the company and/or its collaborators - where this is expressly specified (copyright) and are protected by intellectual property legislation. You may not use, reproduce or permit anyone to use or reproduce the Best Sleep materials, nor may you use frames for trademarks, logos or other information protected by copyright law without the prior written permission of the company.

Review - an evaluation written by the owner or beneficiary of a product or service, an evaluation based on personal experience and his ability to make qualitative comments and to say whether or not the product or service complies with the specifications mentioned by the manufacturer , as long as the content to them is not illegal, obscene, threatening, defamatory, does not violate the right to privacy or the law regarding the protection of intellectual property; it does not contain computer viruses, commercial or political communications that incite hatred or intolerance.

Comment – ​​assessment or observation with a critical purpose, on the side of a Review or another comment.

Question – form of addressing other Users/Clients/Buyers with the aim of obtaining information about the products or services from the respective page.

Answer-  written information that is sent to the User/Client/Buyer who asked a Question on the Site, on the page of a certain product. The answer is an explanation offered by a User/Client/Buyer to another User/Client/Buyer in a discussion.

Document - these Terms and Conditions.

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

Transaction - collection or reimbursement of an amount resulting from the sale of a Good and/or Service by Somproduct, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.

Specifications – all specifications and/or descriptions of the Goods and Services as specified in the Order.

2. GENERAL CONDITIONS

   Placing an order to SC KA&MA TRADING   S.RL represents your agreement with the terms and conditions of this Document.

   The information provided to SC KA&MA TRADING SRL is used only for the purpose for which it was entered (making orders), according to the laws in force. SC KA&MA TRADING SRL does not provide your e-mail address to third parties, does not encourage spam and does not make public the data provided by its clients without their explicit consent. Any user has the possibility to delete the e-mail address provided from the database.

   The prices displayed on the website are expressed in RON and include VAT (19%). With the exception of cases where it is provided otherwise, the prices of the products displayed on Best Sleep represent the final purchase prices and include VAT (value added tax of 19%, valid in Romania). The final purchase prices can be prices suggested by manufacturers or suppliers, or they can be estimated according to the standard prices practicable at the industry level of the marketed product. The final purchase prices may not represent the most competitive prices on a certain product segment or for a certain period. Discounts, reductions and promotions are not cumulative. The discount with the highest value is always kept. We reserve the right to modify discounts, reductions and promotions without prior notice.

   For the purchase of products that are made to order, an advance payment of at least 50% of the product value can be requested.

   The price, payment method and payment term are specified in the order.   SC KA&MA TRADING   S.RL will issue to the Buyer an invoice for the Goods and services delivered, the Buyer's obligation being to provide all the information necessary to issue the invoice according to the legislation in force.This information is necessary for the correct and efficient processing of the order placed by you. Please fill out the form correctly and indicate the persons to whom the invoicing and delivery are made. The e-mail address is extremely important because the information related to the order and the ordered products will be sent by e-mail. An incorrect email address slows down the entire ordering process. Moreover, the Company will not be able to contact you and inform you about the status of your order. If the delivery address is not the same as the billing address, indicate this. Otherwise,we reserve the right to cancel orders that are incomplete or made without basic information (for example: buyer's name, contact phone number, email address, delivery address, billing address, payment method).

   If a product is listed with an incorrect price or incorrect information due to typographical errors or errors in pricing or information about the product, we reserve the right to refuse or cancel any order placed for the products showing the error. We will have the right to refuse or cancel any order even if it has been paid in advance. In this case, the money will be returned as soon as possible. In the case of Goods that undergo changes at the Buyer's request (for example: atypical dimensions for mattresses: width, length, height, etc.), the return of the Goods is not accepted.

   The products sold through www.bestsleep.ro are   new, sold in their own packaging or resealed (in this case the reason why the product was resealed is clearly mentioned) and at the time of delivery they are accompanied by the fiscal invoice and warranty certificate.

   SC KA&MA TRADING SRL reserves the right to refuse collaboration with customers who display inappropriate behavior and language (aggressive, licentious, etc.) or have refused deliveries in their order history.

   The products sold by www.bestsleep.ro can only be delivered based on an online order or in the Best Sleep store in Timisoara. The online order does not require the reservation of the products. Online orders will be honored in the chronological order in which they were registered by the system. An order that contains a product with the status: In   Stock, cannot be honored if another order was registered for the same product before it chronologically and later confirmed, thus the stock running out.

3. ONLINE SALES POLICY

   Access to place an Order is allowed to any Customer/Buyer.

   For justified reasons, KA&MA TRADING SRL reserves the right to restrict the access of the Client/Buyer in order to place an Order and/or to some of the accepted payment methods, if it considers that based on the conduct or activity of the Client/Buyer on the Site, his actions could harm KA&MA TRADING SRL in any way. In any of these cases, the Client/Buyer can contact the Customer Relations Department of KA&MA TRADING SRL to be informed about the reasons that led to the application of the aforementioned measures.

   Communication with the Seller can be done 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 justifications for this.

   In the case of online payments, the Seller is not/cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the card issuing bank, in the event that the currency of its issuance differs from RON. The Buyer is solely responsible for this action.

   All the information used to describe the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.

4. CONTRACTUAL DOCUMENTS

   By placing an electronic, telephone order on www.bestsleep.ro, the   Buyer agrees to the form of communication (telephone, chat or e-mail) through which SC KA&MA TRADING SRL carries out its operations.

   The order is composed as follows: clear mentions of the delivery and invoicing dates, its specific conditions; the Buyer's specifications (where applicable); the notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.

   If the Seller confirms the order, this will imply full acceptance of the terms and conditions of the order by the Buyer.   The acceptance of the order by the Seller is considered completed when there is a verbal or electronic confirmation from the Seller to the Buyer, without requiring a confirmation of receipt from the Buyer.

   This Agreement enters into force upon confirmation of the order by the Seller. Confirmation is done by phone, electronically or verbally. The general terms and conditions of sale will form the basis of the Contract thus concluded, in addition to them being the Certificate of Guarantee issued by SC KA&MA TRADING SRL

   For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If he changes the quantity of Goods and/or Services in the Order,   he 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.

   The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the notification of dispatch of the Order.

5. ORDER

   The Client/Buyer can place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart, and then complete the Order by paying through one of the methods indicated. Once added to the shopping cart, a Good and/or Service is available for purchase as long as there is stock available for it. Adding a Good/Service to the shopping cart, without completing the Order, does not result in the registration of an order, implicitly neither does the automatic reservation of the Good/Service.

   By completing the Order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the Order, and the Seller can contact him, by any means available / agreed by him, in any situation in which he is necessary to contact the Buyer.

   The Seller can cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:

- non-acceptance by the issuing bank of the Buyer's card, of the transaction, in the case of online payment;

- the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;

   If the Client/Buyer requests withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of his decision to withdraw from the Contract. The amount will be returned as follows: - for Orders paid with Op/cash on delivery/ Bank Card-> by bank transfer;

   Some of the products benefit from certain discounts/bonuses when they are purchased   in the same order together with another product. These discounts can also be seen in the order confirmation received by the customer and are distributed by value on the basket of products included in the promotion.

   The promotion is only valid if the customer keeps the order with the initially chosen product package. If you give up one of the products in the package, the promotion will no longer be kept and the applied discount will be cancelled. The product for which the customer keeps the order option returns to the full price, following that this is the price paid at the time of honoring the order.

   If a customer wants to return a product that benefited from a discount or generated an additional bonus, at the time of purchase, by placing it in the order in association with other products, he will be subject to the following rules for returning money:

5.1 The return of the money will be made within a maximum of 14 days from the date of the announcement of the return decision, to the bank account provided by the customer in the return form.

5.2 Because the product was part of a promotion, only by association with the other products, the discounts/bonuses offered in the initial order are cancelled. The prices of the products   kept by the customer return to the value before the application of the discount, discount obtained by combining the order with the product to be returned. The amount to be returned to the customer is equal to the difference between the value paid by the customer and the initial price of the products kept (without the discount applied for the amount of products).

   The Seller will be able to postpone the reimbursement of the amount until the receipt of the sold Goods or until the receipt of a proof according to which they have been shipped, in case he has not offered to recover the Goods himself (the most recent date will be taken).

   If 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 to the Buyer's account the equivalent value of the Good and/or Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.

5.3 Payment by card

Online with bank card through EuPlatesc (Visa/Visa Electron/Maestro/MasterCard).

   If you have chosen the "Online by bank card" payment method, it is necessary to fill in a form with the information about your card on the secure page of the payment processor.

- Payments with credit/debit cards issued under the Visa and MasterCard logo (Visa/Visa Electron and MasterCard/Maestro) are made through the "3-D Secure" system developed by organizations that ensure online transactions the same level of security as those made at the ATM or in the physical environment, at the merchant.

- "3-D Secure" ensures first of all that no information related to your card is transferred or stored, at any time, on the servers of the store   or on the servers of the payment processor, these data being directly entered into the Visa systems and MasterCard.

IMPORTANT TO KNOW! - NO COMMISSION IS CHARGED FOR PAYMENTS BY BANK CARD!

5.4 Online in equal installments without interest by shopping card

   After you enter the card number on the payment processor page, the system will automatically detect if it is a card eligible for payment in installments, at one of the banks approved by the store and will display a list where you can choose the number of installments you want (card of credit issued by Banca Transilvania,  BCR, BRD Finance, Alpha Bank).

6. INTELLECTUAL PROPERTY RIGHTS

   The content of the website www.bestsleep.ro, as defined in the preamble - texts, images, web graphics, scripts, programs, databases, as well as the materials that are the subject of email communications - belongs to SC KA&MA TRADING SRL, being protected by the copyright law and that of intellectual and industrial property rights.

   The Customer/Buyer is not allowed 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 one originally intended by Somproduct, include any Content in outside the Site, removing the signs signifying the copyright of KA&MA TRADING SRL on the Content as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of KA&MA TRADING SRL.

   The Client/Buyer may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.

   The use or reproduction of any of the elements listed above, without the prior written consent of SC KA&MA TRADING SRL, is punishable according to the laws in force.

   Any attempt of any kind to modify the image and information on this website www.bestsleep.ro, with the exception of its legal owner - SC KA&MA TRADING   S.RL, without the prior consent of SC KA&MA TRADING   S.RL, gives the unilateral and unequivocal right that SC KA&MA TRADING SRL to make use of all its prerogatives to address the legally competent courts for sanctioning these facts.

   Any use of the Content for purposes other than those expressly permitted by this Document or by the user agreement that accompanies it, if it exists, is prohibited.

7. RIGHTS AND OBLIGATIONS OF THE SELLER

   The seller will use his professional and technical knowledge to achieve the result stipulated in the order and will deliver the goods and services that meet the requirements, needs and specifications of the buyer;

   The information presented on the seller's websites is informative and can be modified by the seller, without prior notice. Also, for reasons related to space and the coherence of the information structure, product descriptions may be incomplete, but the seller makes efforts to present the most relevant information, so that the product is used within the parameters for which it was purchased. The images of the products are also informative and there may be differences between them and the product;

   Comunicarea cu magazinul – se poate face prin interactiunea cu acesta, postarea opiniilor vizavi de produse sau comunicarea prin adresele mentionate la sectiunea “Contact”. Vor fi excluse din site sau  ignorate, pareri sau adresari ce contin injurii sau un limbaj neadecvat. Vanzatorul are libertatea de a gestiona informatiile primite fara a fi nevoit sa aduca justificari pentru aceasta.

   S.C. KA&MA TRADING S.R.L.  poate cesiona si/sau subcontracta o terta parte pentru servicii ce tin de onorarea comenzii, cu informarea Cumparatorului, nefiind necesar acordul acestuia. Vanzatorul va fi intotdeauna responsabil fata de Cumparator pentru toate obligatiile contractuale (alegerea companiei care va efectua livrarea).

8. TRANSFERUL PROPRIETATII

   Ownership of the Goods and Services will be transferred at the time of payment by the Buyer to the location indicated in the order (understood by delivery - the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by SC KA&MA personnel TRADING SRL).

   The customer has the obligation to check that the packaging is not torn, that it does not show traces of scratches, bumps, stains upon receiving the product and can refuse the product if it shows signs of faulty handling and to conclude a verbal report with the representative of the courier company .

9. DELIVERY OF GOODS

   The Seller undertakes to deliver the Goods in the courier system, will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.

   The delivery of products from the website www.bestsleep.ro is free.

10. ACCEPTANCE

   Acceptance will be made when the goods and services comply with the technical characteristics mentioned in the order. If the buyer discovers that the delivered products   do not comply with the technical specifications, then the seller will bring the products and services into compliance. Also, for the products sold and delivered by SC KA&MA TRADING SRL, through the website www.bestsleep.ro, the Buyer benefits from the return of the products within 14 days.  Indiferent de termenul de retur al produsului, clientul are obligatia sa sesizeze in scris pe adresa de email office@bestsleep.ro orice defect in termen de maxim 5 zile de la receptionarea produselor. In momentul in care clientul receptioneaza produsul, acest are obligatia sa verifice integritatea ambalajului coletului in prezenta agentului de curierat. Daca coletul este deteriorat la livrare, clientul are obligatia de a refuza primirea acestuia si de a specifica in comentariile procesului verbal incheiat cu agentul  starea coletului in momentul livrarii.

   Clientul are obligația să verifice integritatea fiecărui element înainte de asamblare și să nu asambleze produsul în cazul în care constată defecte ale produsului sau elementelor din produs. Asamblarea produsului în aceste condiții, atrage după sine pierderea garanției.

11. PRODUCT WARRANTY

   All products sold by the website www.bestsleep.ro benefit from warranty conditions according to the legislation in force and the commercial policies of the manufacturers. The products are new, in their own packaging.

   All products sold and delivered are accompanied by the warranty certificate issued directly by SC KA&MA TRADING SRL The warranty certificate contains the general instructions for use and the warranty conditions.

   The lack of the product's warranty certificate must be reported within 48 hours of receiving the goods, to office@bestsleep.ro. Any subsequent notification will not be taken into account.

   The buyer has the obligation to keep the warranty certificate and the tax invoice. In the event of a defect, according to Law no. 449/2003, the guarantee certificate is the only document that certifies the right to the guarantee and which will be presented together with the tax invoice and proof of payment (receipt, tax receipt, etc.). The loss of the guarantee certificate determines the cancellation of the guarantee of the Good or Service.

   The guarantee of the Goods, which benefit from the Certificate of Guarantee issued by SC KA&MA TRADING SRL, is settled at   the company's workplace, Chemistilor street no. 5-9, Timisoara, and the guarantee conditions are in accordance with OG 21/1992, Law 449 /2003 and OG 174/2008.

For any product category, the following are strictly prohibited:

- assembling the product in case damage to an element or the product itself is found;

– unpacking using sharp or hard objects; cutting or scratching materials;

– rubbing against other surfaces or with abrasive substances (cleaning solutions);

- using or storing the products in humid environments or at temperatures below 0 degrees Celsius as well as in environments with temperature variations;

– placing the product near heat sources; watering the products; rolling, bending or curving of mattresses during transport and handling;

The guarantee is settled within a maximum of 15 calendar days.

12. RETURN POLICY

   According to Romanian legislation, you can return the products purchased from www.bestsleep.ro   within 14 calendar days of receiving them, without having to justify the return decision and without incurring other costs than the direct costs of returning the products, according to Ordinance No. 34/2014 regarding the rights of consumers in contracts concluded with professionals.

Terms and conditions for returning products

  The customer must request in writing that he wishes to return the purchased products by e-mail to the address: office@bestsleep.ro.

   The return cost is fixed, for each product in the order. Depending on the product category to which the product belongs, a cost is charged as follows:

-The mattress sizes:

90×200= 85 ron, 140×200=120ron, 160×200=140ron, 180×200=155ron

- Toppers 25 ron, pillows/quilts 17 ron, decorative pillows 15 ron, click-clack sofas 140 ron

   In addition to the fixed return cost charged by SCKA&MA TRADING SRL, a fixed cost/kilometer charged by the courier agency is charged for destinations outside the courier agency's range.

   The product is picked up exclusively by the agents of the courier company from the customer's address, within a maximum of 3 working days.

   The response time for return requests is 3 working days, from the moment of registration.

GENERAL RETURN CONDITIONS

   The consumer has the right to notify the merchant in writing that he renounces the purchase, without penalties and without citing a reason, within 10 working days from receiving the product or, in the case of services, from concluding the contract, in accordance with the provisions of article no. .4 letter b of Ordinance no. 130/2000.

    If a product offered by SC KA&MA TRADING SRL is different from its related description on the Site, you can return it in compliance with the provisions of the Site's Product Return Policy and in accordance with Romanian legislation in force. Products must be returned in new product condition, in the original packaging, undamaged, in working order, and accompanied by all accessories (including hardware), original documents (tax invoice, tax receipt, technical data sheet, user manual, warranty certificate) , well packed and protected during transport.

    

   If the returned product is damaged, has stains, assembly marks, wear or excessive use, scratches, punctures, dents,   is dirty or has missing hardware and cannot be sold as new, we reserve the right to charge a fee for to cover the price difference between a new product and an already used product or if it is in a condition that does not allow us to re-market it, we reserve the right to refuse the product. In the event of a refusal, the return shipping costs are the responsibility of the sender.

   The return of the money will be made within a maximum of 14 days from the date of the announcement of the return decision, to the bank account provided by the customer in the e-mail of the return request.

   Products made to order in atypical sizes cannot be returned. These products have been made especially for you. By custom-made products we mean any product that has been customized according to the customer's preferences (dimension: length, width, height; surface material - by specifying a material code or any other change compared to the standard model presented on the product page on the website- ul www.bestsleep.ro), according to article 16, point c, of Emergency Ordinance no. 34/2014.

   In the situation where the customer wants the product he is returning to be exchanged for another product, mention this in an e-mail to the address office@bestsleep.ro. The returned product must comply with the terms and conditions for returning products, in accordance with Romanian legislation in force.

   If the new product has a higher price, the customer will pay the difference, and if the price is lower, SC KA&MA TRADING SRL will reimburse the price difference (within 14 days from the date of receipt/receipt of the product), to the IBAN account communicated in advance. In case of change,   the delivery term for the new product is established by mutual agreement with the customer. Depending on availability, the delivery time for the new product can be between 1 and 4 weeks from the moment of receipt of the returned product.

CHECKING THE PRODUCTS

   Upon receiving the parcel, please check the integrity of the packaging. If the parcels have damaged packaging at the time of their reception, it is mandatory to conclude a Verbal Process with the courier agents, in which the delivery with damaged packaging is noted or the receipt is refused.

Returning Mattresses, Toppers, Pillows and Duvets

   In the case of mattresses, toppers, pillows and quilts for reasons of hygiene, they must be returned sealed according to Art. 16 letter e of Emergency Ordinance no. 34/2014.

   If the returned mattress or topper is unsealed (by unsealing we mean opening the foil packaging covering the product) and cannot be sold as a new product, we reserve the right to refuse the product.

   In exceptional situations and by mutual agreement with the consumer, if the mattress or mattress pad has been unsealed, we can accept the return of the product by charging a cost of 30% of its value, a cost that represents the price difference between a new product and an unsealed product. This cost will be deducted from the amount of money to be returned. The status of the sealed/unsealed product must be specified when completing the e-mail regarding the product return. If at the time of receipt it is found that the products are unsealed, and the consumer has not expressed his agreement regarding the bearing of the costs of 30% of the product value, the product will be refused, and the round-trip transport costs will be borne by the sender.

   Pillows and duvets cannot be returned if they have been unsealed.

   Made-to-order mattresses or toppers cannot be returned. These products have been made especially for you. By custom-made products we mean anything: size (length, width or thickness), surface cover, shape, etc. that is not in the basic description of the ordered model, according to article 16, point c, of Emergency Ordinance no. 34/2014.

   In the event that your order contains several products, and only some of them are defective, if you wish to return the entire order, the return fee will be charged in accordance with the terms and conditions of this regulation.

   If you return a product that has a manufacturing defect or a defect that occurred as a result of transport, ascertained through a protocol with the courier agent, it must be returned under exactly the same conditions as the rest of the products that are the subject of this regulation (except the tax of return).

   If the returned product has any other defects compared to those noted in the return email (example: it has stains, it shows traces of assembly, wear or excessive use, scratches, bumps, mechanical shocks, it is dirty or has missing hardware), we reserve the right to the right to charge a fee to cover additional defects to the products or if it is in a condition that does not allow us to re-market it we reserve the right to refuse the product.

   Dissatisfaction with the appearance, color, texture of the material do not constitute product defects. Returning products based on these reasons is not exempt from the return tax.

   You are responsible for the integrity of the products during the transport of the returned products:

   At the reception of the returned product, a statement of findings is drawn up and photographs are taken to be able to prove the decrease in the value of the products (if applicable).

PACKAGING RECOMMENDATIONS

   To protect the product during transport, we recommend that you take into account the following packaging instructions:

PACKAGING OF MATTRESSES

   We recommend packing the mattresses in polyethylene film   with a thickness of at least 0.10 mm and in   a cardboard box (like the one in which the package was sent). The edges of the film must be closed well with adhesive tape for packaging – scotch, to protect the product from dust.

PACKAGING OF PILLOWS/PILLOWS

   We recommend packing pillows and blankets in polyethylene film   with a thickness of at least 0.10 mm and in   a cardboard box (like the one in which the package was sent). The edges of the film must be closed well with adhesive tape for packaging – scotch, to protect the product from dust.

PACKAGING OF SOFAS

   We recommend packaging the products in this category in stretch film to protect the product against dust and in polyethylene film with a thickness of at least 0.10mm, the hardware and the bed frame in the cardboard box in which the product was delivered.

13. MAJOR FORCE

   None of the parties will be responsible for non-execution of its contractual obligations, if such non-execution is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided. KA&MA TRADING SRL, its affiliates and/and in general the suppliers of products or services to it, cannot be held responsible for any delay or error resulting directly or indirectly from causes that do not depend on the will of KA&MA TRADING SRL. This exemption includes, but is not limited to : errors in the operation of the technical equipment, the failure of the Internet connection, the failure of telephone connections, computer viruses, unauthorized access to the systems, operating errors, from KA&MA TRADING SRL as well as the cases of force majeure stipulated by the Romanian legislation in force.
If, within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party will have the right to notify the other party of the full termination of the Contract without any of them being able to claim other damages-interests from the other.

14. APPLICABLE LAW

   The services offered by KA&MA TRADING SRL are governed by the provisions of Romanian laws, especially Law 365/2002 on electronic commerce, Ordinance 130/2000 on consumer protection when concluding and executing distance contracts, HG 448/2005 and European Directive EC/96/ 2002. The terms and conditions of KA&MA TRADING SRL are subject to Romanian legislation. In case of litigation, an amicable solution will be tried first, within 30 working days from the registration of the complaint at the headquarters of KA&MA TRADING SRL. If an agreement cannot be reached within the previously specified term, the disputes between the parties will be subject to resolution by the competent courts within the municipality of Timişoara.