DEFINING ELEMENTS
Using this site implies acceptance of the terms and conditions set out below. We recommend that you carefully read all terms and conditions in order to use the site under the best possible conditions.
The general terms and conditions shall apply to all sales of goods and services by Elite Plants through the online store www.eliteplants.eu to the buyer and may only be modified with the express written consent of both parties.
The following terms shall mean:
Buyer — the person, firm, company or other legal entity that places an Order.
Seller — the commercial company NICO PROFI CORPORATION SRL, with its registered office in BOSANCI, Str. SUCEVEI, No. 57, Suceava County, Trade Register number: J2022001342336.
Goods and Services — any product or service, including documents and services mentioned in the Order, to be provided by the Seller to the Buyer.
Order — an electronic document serving as a form of communication between the Seller and the Buyer, whereby the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive those Goods and Services and to pay for them.
Contract — an Order confirmed by the Seller.
Intellectual Property Rights (hereinafter IPR) — all intangible rights such as know-how, copyright and rights of a copyright nature, database rights, design rights, model rights, patents, registered trademarks and domain name registrations for any of the above.
Specifications — all specifications and/or descriptions of the Goods and Services as stated in the Order.
CONTRACTUAL DOCUMENTS
By placing an electronic or telephone order on the above-mentioned site, the Buyer agrees to the form of communication (by telephone) through which the Seller conducts its operations.
The Order shall consist of the following documents, in order of importance:
- The Order (together with clear details of delivery and billing data) and its specific conditions
- The Buyer's Specifications (where applicable)
- Terms and Conditions
If the Seller confirms the order, this shall imply full acceptance of the Order's terms. Acceptance of the order by the Seller is deemed complete when there is a verbal or written confirmation (by telephone and/or email) from the Seller to the Buyer, without requiring acknowledgement of receipt from the Buyer. The Seller shall not at any time consider an unconfirmed order to have the value of a Contract.
This Contract enters into force upon confirmation of the Order by the Seller. Confirmation is made by telephone or email. The general terms and conditions of sale shall form the basis of the Contract thus concluded, supplemented by the Warranty Certificate issued by the Seller's supplier.
Disclaimer
Our company does not assume responsibility for the product descriptions presented in the online store. However, considerable efforts have been made to minimise all errors that may arise from the electronic or manual editing of the information presented. Furthermore, images are displayed on the site for illustrative purposes only, and products delivered may differ from the images shown on the site in any way, due to changes in characteristics or design made by manufacturers without prior notice. Our company reserves the right to supplement and modify any information on the site.
Our company is not liable for damages caused by the malfunction of the site or those resulting from the inability to access certain links published on the site.
The maximum value of the company's obligations towards any customer in the event of non-delivery or improper delivery is the value of the amounts collected by the company from that customer.
Warranties and Product Availability
Products purchased through the site are entitled to a 14-calendar-day return right.
Our company does NOT guarantee the stock availability of displayed products, and therefore the company shall have the right to partially or fully decline to deliver a certain order if certain products no longer appear in the supplier's current offer or are unavailable for other reasons (temporary out-of-stock, edition exhausted, etc.).
In the event that prices or other product details have been displayed incorrectly, including due to erroneous entry in the database, our company reserves the right to cancel the delivery of the respective product and to notify the customer as soon as possible about the error, if delivery has not yet taken place.
Authenticity
All products are original and come accompanied by a physical or electronic invoice.
EXTENSION OF SELLER'S OBLIGATIONS
The Seller shall use its professional and technical knowledge to achieve the result stipulated in the Order and shall deliver Goods and Services that meet the Buyer's requirements, needs and specifications. Information presented on the Seller's website is for informational purposes and may be modified by the Seller without prior notice. Also, due to space and structural coherence considerations, product descriptions may be incomplete; however, the Seller makes efforts to present the most relevant information so that the product is used within the parameters for which it was purchased. Communication with the store may take place through interaction with it, posting opinions about products, or communicating via the addresses mentioned in the "contact" section. Opinions or messages containing insults or inappropriate language will be removed from the site or ignored. The Seller has the freedom to manage received information without being required to provide justification for this.
ASSIGNMENT AND SUBCONTRACTING
The Seller may assign and/or subcontract a third party for services related to order fulfilment, with notification to the Buyer, without requiring the Buyer's consent. The Seller shall always remain responsible to the Buyer for all contractual obligations.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)
The Buyer acknowledges intellectual property rights and shall not disclose to any third party or make public (on the internet or in media) any of the information received from the Seller.
Furthermore, the site name and graphic insignia are registered trademarks owned by NICO PROFI CORPORATION S.R.L. and may not be reproduced, copied or used without the written consent of the owner.
DEADLINES AND PENALTIES
In the event that delivery deadlines and/or order commencement cannot be met, the Seller is obliged to notify the Buyer of the estimated completion date for delivery. The Buyer shall have the right to claim additional damages from the Seller, where permitted by law, in the event of total or partial non-performance by the Seller of the Contract in accordance with the agreed deadlines.
INVOICING – PAYMENTS
The price, payment method and payment deadline are specified in the Order. The Seller shall issue the Buyer with an invoice for the Goods and Services delivered; the Buyer's obligation is to provide all information necessary for the issuance of the invoice in accordance with applicable legislation.
RISKS AND RESPONSIBILITIES
Delivery The Seller undertakes to dispatch the Goods and Services to the Buyer via a door-to-door courier system.
Transport – Packaging Unless otherwise agreed by the Seller and Buyer, the Seller is discharged of the risks and responsibilities associated with the Goods and Services at the moment of handover to the domestic courier company with which the Seller collaborates, or to the Buyer's representative. The Seller shall ensure appropriate packaging of the Goods and Services and shall ensure the transmission of accompanying documents. The Seller shall carry out delivery of the Goods and Services within the territory of Romania.
Returns In accordance with the ordinance, the consumer is entitled to a period of 14 days to withdraw from a distance contract or a contract concluded outside commercial premises.
ACCEPTANCE
Acceptance shall take place when the Goods and Services conform to the technical specifications mentioned in the Order. If the Buyer discovers that the delivered Products or Services do not conform to the technical specifications, the Seller shall bring the Products and Services into conformity. The Buyer is also entitled to return products within 10 days.
Our site contains a large number of products and it is always possible that, despite all our efforts, the prices for some of the products listed on our site may be incorrect. We normally verify prices as part of our dispatch procedures, so if the correct price for a product is lower than stated, we will charge the lower amount when dispatching the product. If the correct price of a product is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject the order and notify you accordingly. If the pricing error is obvious and unmistakable and could reasonably have been recognised by you as an error, we are not obliged to provide the products at the incorrect (lower) price.
WARRANTIES
All products sold through the eliteplants.eu website are entitled to the 14-day return right in accordance with applicable legislation and commercial policies. On this site you will find both new products and resealed/second-hand products; products come in original packaging or without packaging and originate from sources authorised by each manufacturer.
RIGHT TO RETURN PURCHASED PRODUCTS
The customer may unilaterally terminate the contract without stating a reason within 14 working days in accordance with E.O. 34/2014 and may return the product(s) within the same 14-day period, only if they are in perfect condition, including the packaging, accessories and consumables, meaning they must show no signs of wear or use in any form.
Returned products must be in the same condition as delivered (with no signs of use, in the original packaging with all accessories, with intact labels and accompanying documents), together with a copy of the purchase invoice. Return shipping costs shall be borne by the customer, and the refund of the product's value shall be made within at most 14 days of the return via bank transfer.
TRANSFER OF OWNERSHIP
Ownership of the Goods and Services shall be transferred at the moment of payment by the Buyer at the location indicated in the order (with delivery understood as the signing of receipt on the transport document provided by the courier). In the case of courier delivery, the courier is not authorised by the Seller to allow the Buyer to open parcels before signing for delivery, but only after signing for delivery and paying any applicable amount.
LIABILITY
The Seller cannot be held responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order, or for damages resulting from the use of Goods and Services after delivery, and in particular for loss of products.
The Seller shall be liable in cases where its subcontractors and/or partners of any kind involved in order fulfilment fail to meet any contractual obligations.
FORCE MAJEURE
Neither party shall be liable for failure to perform its contractual obligations if such failure is due to a force majeure event. Force majeure is an unforeseeable event, outside the control of the parties and which cannot be avoided.
APPLICABLE LAW – JURISDICTION
This contract is subject to Romanian law. Any disputes arising between the organiser and campaign participants shall be resolved amicably or, if this is not possible, by the competent Romanian courts.
MISCELLANEOUS PROVISIONS
The parties to the contract shall be considered independent contractors and neither party is granted the right or authority to assume or create any obligation on behalf of or to the detriment of the other. The terms and conditions of this contract supersede any prior written or verbal agreements between the aforementioned parties relating to the subject matter of this Contract and may not be amended or changed except by written agreement signed by both parties.
NEGLIGIBLE PRICE OR ERRONEOUS CHARACTERISTICS
The Seller makes every effort to provide accurate information about the prices and characteristics of products. It is possible that some prices and/or characteristics may be erroneous. In the event that an order is registered at a negligible price, the Seller has the right to cancel the Buyer's order. In the event that an order is registered for a product with erroneous characteristics, the Seller shall make every effort to deliver to the Buyer a product with characteristics as close as possible to those presented on the site at the time of placing the order. If the Buyer does not agree with the Seller's proposals, the Seller has the right to cancel the Buyer's order.
After cancellation of a card transaction, the issuing bank will unblock the reserved amount in the customer's account within 1–30 days, depending on the bank's policy.
HOW DO I PAY?
The payment methods accepted on www.eliteplants.eu are as follows:
Online payment by BANK CARD Payment method by card via iPay from BT. Payment can be made online using your personal or company card, under full security conditions. Cards accepted for payment are those issued under the VISA (Classic and Electron) and MASTERCARD (including Maestro, if they have a CVV2/CVC2 code) logos.
No additional commission is charged for transactions. Card data processing is carried out exclusively on PlatiOnline servers. The security of your information is guaranteed by the fact that PlatiOnline does not store your confidential card data, but transmits it encrypted via a secure connection to the processing bank. Your information is therefore kept safe.
Regardless of the currency in your account, transactions are made in Romanian lei, at your bank's exchange rate.
For card payments, the transaction will appear on your bank statement under the name NICO PROFI CORPORATION S.R.L.
Online payment by bank card is available for all products on the website (https://eliteplants.eu/).
Cash payment Upon delivery of your order by post/express courier, you can pay the amount due by cash on delivery.
Card payment directly to the courier When the courier delivers your ordered product, you can pay by card directly to the delivery person — you do not need to have cash on you.
Bank transfer You can make a bank transfer based on the proforma invoice in electronic format, which you will receive by email.
DELIVERY METHODS
Delivery of products ordered online is carried out by the courier company Urgent Cargus, Sameday or other partner courier companies.
Orders placed before 13:00 will be delivered within a maximum of 24 hours from receipt and confirmation of the order. Orders placed after 13:00 will be delivered within a maximum of 72 hours from receipt and confirmation of the order. Delivery time may be affected by product stock availability.
Product Returns
The customer may request the return of products in the following situations:
- Parcels show severe damage;
- Products have been incorrectly delivered/invoiced. Delivery of products other than those requested must be reported immediately, and the Consumer shall refuse receipt. The Consumer may request its return for replacement, and if the product is no longer in stock, may opt for a replacement or full refund. If a replacement with a higher-value product is agreed, the customer will pay the difference; if the value is lower, a partial refund up to the value of the replacement product will be issued. Return and shipping costs for the replacement product, where applicable, are borne by the customer.
- Products have manufacturing defects;
- Products have sizes incorrectly ordered by the Customer;
- The Consumer has the right to notify the trader in writing of their withdrawal from the purchase, without penalties and without stating a reason, within 14 calendar days of receiving the product. Also, in accordance with Art. 7 para. 1 of G.O. 130/2000, the Customer has the right to unilaterally terminate the distance contract within 14 calendar days from the date of receipt of the product(s), without penalties and without stating any reason. In this case, the direct costs of returning the products shall, in accordance with the law, be borne by the Customer.
- If a replacement with a higher-value product is agreed, the customer will pay the difference; if the value is lower, a partial refund up to the value of the replacement product will be issued. Return and shipping costs for the replacement product, where applicable, are borne by the customer.
Withdrawal from Purchase
The Consumer has the right to notify the trader in writing of their withdrawal from the purchase, without penalties and without stating a reason, within 10 calendar days of receiving the product.
The Customer may request a product exchange within 14 calendar days of receiving the parcel, without penalties and without stating a reason. In the case of requesting a different product, the price difference shall be paid if the product is more expensive. If the customer opts for a cheaper product, they will receive a partial refund up to the value of the replacement product. Our company will send the requested exchange product only after the Customer has returned the originally purchased product. Refund of the product's value or, where applicable, replacement, shall be made within at most 30 days of return. Refund or replacement of products without penalties and without stating a reason may be carried out under the following conditions: if products have a seal, it must not be broken — the product must be returned sealed; the condition of purchased products must be the same as when received.
These provisions apply in accordance with G.O. 130/2000, in the case of purchasing products from this site using distance communication techniques. The Customer is only entitled to opt once for the return/replacement of a product under the conditions of Art. 4 para. 1 lit. b) of G.O. 130/2000. In all cases of return/replacement of products as a result of withdrawal from purchase, return/replacement costs are borne by the customer. Repeated withdrawal from purchase may be considered an abuse.
Depending on the customer's behaviour, our company reserves the right to select its clientele.
NOTE: In any product return situation, products must be in the same condition, in the original box, with intact labels and together with all accompanying documents (invoice, warranty certificates, etc.). By placing an online order on the site, the Customer declares that they have read and fully agree with the above.
Acceptance of these terms and conditions gives rise to a genuine contract between the parties, applying the provisions of the Civil and Commercial Code.
The delivery fee is 25 lei for all orders not exceeding 30 kg. For orders exceeding 30 kg, the final shipping cost will be communicated subsequently.
Company Details
Name: NICO PROFI CORPORATION S.R.L. Unique Registration Code: 46446614 Trade Register No.: J2022001342336 Address: BOSANCI, Str. SUCEVEI, No. 57, Suceava County VAT payer: YES