1. DEFINITIONS AND TERMS
www.neuroinsight.ro – is the website of NEUROINSIGHT SRL., a legal entity of Romanian nationality, having its registered office in 7 Ap. 1 Craiova Street, Cluj-Napoca, having a serial number in the Trade Register J12/2664/2018, unique tax registration code 39514546. The online store that operates on the site is managed by BENCO CONS PRO S.R.L., a legal entity of Romanian nationality, having its registered office in 7 Ap. 1 Craiova Street, Cluj-Napoca, having a serial number in the J2022004596127 Trade Register, unique 46549539 tax registration code.
Seller – BENCO CONS PRO S.R.L.
Buyer – can be any natural person who is over 16 years of age or a legal person or any legal entity that makes an Account on the Site and places an Order.
Client – can be any natural person who is over 16 years of age or a legal person who has or obtains access to the CONTENT, through any means of communication made available by NEUROINSIGHT SRL and BENCO CONS PRO S.R.L.. (electronic, telephone, etc.) or based on an existing user agreement between NEUROINSIGHT SRL and BENCO CONS PRO S.R.L.. and which require the creation and use of an Account.
User – any natural person who is over 16 years of age or a legal person registered on the Site, who, by completing the process of creating the Account, has given his consent to the specific clauses of the Site in the General Terms and Conditions section.
Nickname – pseudonym by which a specific User/Customer/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 of “Username”.
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 Customer/Buyer and the Buyer’s history on the Site (Orders, tax invoices, warranties, Goods, etc.). The User is responsible for and will ensure that all information entered when creating the Account is correct, complete and up-to-date.
My Cart – section of the Account that allows the Buyer/User to add Goods or Services that he/she wishes to purchase at the time of addition or at a later time; if the Goods are not purchased at the time of addition by placing the Order, the Buyer/User will benefit from the service offered by the Seller of tracking the Goods by receiving Commercial Communications from the Seller.
Website – the online store hosted at the web address www.neuroinsight.ro and its subdomains.
Order – an electronic document that intervenes as a form of communication between the Seller and the Buyer by which the Buyer transmits to the Seller, through the Site, his intention to purchase Goods from the Site.
Goods – any product listed on the Website, including the products 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 having 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 – represents:
– all information on the Site that can be visited, viewed or otherwise accessed through the use of electronic equipment;
– the content of any e-mail sent to the 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, to the Buyer, according to the contact information, specified or not by the latter;
– information related to the Goods and/or Services and/or tariffs charged by the Seller during a certain period;
– information related to the Goods and/or Services and/or tariffs 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 Seller.
Review – a written appraisal by the owner or beneficiary of a Good or Service, an appraisal written based on his personal experience and ability to make qualitative comments and say whether or not the Good complies with the mentioned specifications.
Rating – a way of expressing the degree of satisfaction of a User/Customer/Buyer with a product. The rating is expressed in the form of stars, each Good being able to receive a score from one star to five stars. This degree of satisfaction will always be associated with the review written by the User/Client/Buyer on a Good or Service.
Comment – appreciation or observation for a critical purpose, on a Review or other comment.
Document – these Terms and Conditions.
Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information regarding products similar or complementary to those you have purchased, information regarding offers or promotions, information regarding Goods added to the “Account/My Cart” section or the “Account/Favorites” section as well as other commercial communications such as market research and opinion polls.
Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by NEUROINSIGHT SRL, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the delivery method.
Specifications – all specifications and/or descriptions of the Goods as specified in their description.
2. CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Website, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller carries out its commercial operations.
2.2. The notification received by the Buyer after placing the Order is for information purposes only and does not represent 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 in the Order. If you change the quantity of Goods in the Order, you will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will refund the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer at the moment of receipt by the Buyer from the Seller, by electronic mail and/or SMS, of the notification of shipment of the Order.
3. ONLINE SALES POLICY
3.1. Access for the purpose of placing an Order is allowed to any User/Buyer.
For justified reasons, NEUROINSIGHT SRL and BENCO CONS PRO S.R.L. reserves the right to restrict the access of the User/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 User/Buyer on the Site, his/her actions could prejudice in any way NEUROINSIGHT SRL and BENCO CONS PRO S.R.L… In any of these cases, the User/Buyer may write to simona@neuroinsight.ro, in order to be informed of the reasons that led to the application of the above-mentioned measures.
3.2. Communication with the Seller can be achieved through direct interaction with the Seller 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 case of an unusually high volume of traffic coming from an internet network, NEUROINSIGHT SRL reserves the right to ask the Users/Buyers to manually enter the captcha validation codes, in order to protect the information within the Website.
3.4. All tariffs related to the Goods and/or Services presented on the Site are expressed in lei (RON) and include VAT.
3.5. In the case of online payments, the Seller is not/cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing the Seller’s card, if the currency of issuance differs from RON. The responsibility for this action lies solely with the Buyer.
3.6. All information used to describe the Goods available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively for presentation.
3.7. After 14 (fourteen) days from the purchase of a Good, the Buyer will be required to submit a Review related to the purchased Good or Service. The request will be sent to the email address entered by the Buyer in the Account. In this way, the Buyer contributes to informing other possible Users / Customers / Buyers on the Site and is actively involved in the development of new Services and in the most complete detail of the characteristics of the Goods.
4. ASSIGNMENT AND SUBCONTRACTING
4.1. The Seller may assign and/or subcontract a third party for Services related to the fulfillment of the Order, with the information of the Buyer, without the need for his consent. The Seller shall always be liable to the Buyer for all contractual obligations.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHT
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, trade symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of NEUROINSIGHT SRL, which reserves all rights obtained in this regard directly or indirectly (through licenses of use and/or publication).
5.2. The Client/Buyer/User 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 NEUROINSIGHT SRL, include any Content outside the Site, remove the signs that signify the copyright of NEUROINSIGHT SRL on the Content as well as participate in the transfer, selling, distributing materials made by reproducing, modifying or displaying the Content, except with the express written consent of NEUROINSIGHT SRL.
5.3. Any Content to which the Client/Buyer/User 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 NEUROINSIGHT SRL and it, and without any implied or express warranty made by NEUROINSIGHT SRL with reference to that Content.
5.4. The Client/Buyer/User 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.
5.5. If NEUROINSIGHT SRL grants the Client/Buyer/User the right to use in the form described in a separate user agreement, a certain content, to which the Client/Buyer/User has or obtains access as a result of this agreement, this right extends only to that or those contents defined in the agreement, only for the period of its existence or these contents on the website or for the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of NEUROINSIGHT SRL for the respective Client/Buyer/User 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 such content, during or after the expiration of the user agreement.
5.6. No Content transmitted to the Client, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by the latter by accessing, visiting and/or viewing constitutes a contractual obligation on the part of NEUROINSIGHT SRL and/or the employee/agent of NEUROINSIGHT SRL who mediated the transfer of Content, if any, towards said 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 can place Orders on the Website, by adding the desired Goods to the shopping cart, and will complete the Order by making the payment by one of the methods expressly indicated. Once added to the shopping cart, a Good is available for purchase to the extent that there is stock available for it. The addition of a Good to the shopping cart, in the absence of completing the Order, does not entail the registration of an order, implicitly nor the automatic reservation of the Good/Service.
6.2. By completing the Order, the Buyer consents that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the Order.
6.3. By completing the Order, the Buyer consents that the Seller may contact him/her, 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 prior notice 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. the 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 agreed by BENCO CONS PRO S.R.L., in the case of online payment;
6.4.3. the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;
6.5. The buyer has the right to withdraw from the Contract, respectively to return a Good or to renounce a Service, within 14 calendar days, without invoking any reason and without incurring costs other than those of delivery. Thus, according to GEO no. 34/2014, the period for returning a Good or giving up a Service expires within 14 days from:
– the day on which the Buyer takes physical possession of the last Good – if the Buyer orders multiple products in a single order that will be delivered separately
6.6. If the Buyer decides to withdraw from the Contract, he may make a written request to simona@neuroinsight.ro.
6.7. If the Client/Buyer requests withdrawal from the Contract within the legal term of withdrawal from the contract, he/she must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will refund the amount within a maximum of 14 (fourteen) days from the date of the Buyer’s information to the Seller about its decision to withdraw from the Contract. The amount will be refunded by bank transfer.
6.8. The Seller may defer the refund of the amount until the Goods sold have been received or until proof has been received that they have been shipped, if they have not offered to recover the Goods themselves (the latest date will be taken).
6.9. If a Good ordered by the Buyer cannot be delivered by the Seller, the latter shall inform the Client/Buyer of this fact and shall return to the Buyer’s account the value of the Good, within a maximum of 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed its intention to terminate the Contract.
6.10. The availability of a Good will be displayed on the Site as follows:
“in stock” – we have more than 3 pieces in stock www.neuroinsight.ro
“limited stock” – we have less than 2 pieces in www.neuroinsight.ro stock
“Out of stock” – The good is no longer available in www.neuroinsight.ro stock
7. CONFIDENTIALITY
7.1. NEUROINSIGHT SRL and BENCO CONS PRO S.R.L.. will keep the information of any nature you provide confidential. The disclosure of the information provided may be made only under the conditions mentioned in this Document.
7.2. No public statement, promotion, press release or any other form of disclosure to third parties shall be made by the Buyer/Customer regarding the Order/Contract without the prior written consent of the Seller.
7.3. By submitting information or materials through this site, you grant Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Seller may freely use, in its own interest, such information, ideas, concepts, know-how or techniques that you have submitted to us through the Site. NEUROINSIGHT SRL BENCO CONS PRO S.R.L. will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide for other specifications in this regard.
8. COMMERCIAL COMMUNICATIONS
8.1. The Buyer/User/Client may at any time modify his/her option regarding the consent given to the Seller for Commercial Communications containing general and thematic information, including information regarding offers or promotions, as follows:
8.1.2. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
8.1.3. by contacting the Seller.
8.2. By adding Goods or Services to the Account section:
“My Cart”, the Seller will send the Buyer/User Commercial Communications regarding:
– when changing the price of the Goods added in the “My Cart” section,
– the existence of the Goods or Services in the “My Cart” section, and
– stock availability of Goods or Services added in the “My Cart” section.
8.3. The Client/User may unsubscribe, at any time, from the Commercial Communications by accessing the unsubscribe link displayed in the commercial messages received from NEUROINSIGHT SRL or by contacting NEUROINSIGHT SRL in this regard.
8.4. Also, to improve the offer of Goods and Services and the shopping experience, we will use your personal data. for conducting market research and opinion polls. The information obtained from these market research and opinion polls will not be used for advertising purposes but only for those mentioned above. Your answers market research and opinion polls will not be associated with your identity. nor transmitted to third parties nor will they be published. You may object to the use of the data for market research and opinion polling purposes at any time by accessing the unsubscribe link displayed in the message or by contacting NEUROINSIGHT SRL.
9. INVOICING – PAYMENT
9.1. The prices of the Goods and Services displayed on the www.neuroinsight.ro website include VAT.
9.2. The price, payment method and payment term are specified in each Order. The Seller shall issue to the Buyer an invoice for the Goods delivered, the Buyer’s obligation being to provide all the information necessary for the issuance of the invoice in accordance with the legislation in force.
9.3. For a correct communication of the invoice related to the Order, the Buyer has the obligations to update whenever necessary the data in his Account and to access the information and documents related to each Order, existing in the Account.
9.4. By sending the Order, the Buyer expresses his agreement to receive the invoices in electronic format by electronic mail, at the e-mail address mentioned in his Account.
9.5. The payment card data of the User/Buyer will not be accessible to NEUROINSIGHT SRL or BENCO CONS PRO S.R.L.. nor will they be stored by NEUROINSIGHT SRL or BENCO CONS PRO S.R.L.. 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, about whose identity the User/Buyer will be informed, prior to entering the data.
9.6.. In certain cases, in order to maintain the security of the Transactions, when registering the Order, the Buyer will be asked to authorize the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.
9.7. For reasons of security of the Transactions, the User/Buyer is advised not to remain logged in to the Site and not to set the automatic login option on mobile devices. Disclosing your account password is not allowed and it is recommended to use a password with a strong security character (e.g., contain at least eight characters, including uppercase letters, lowercase letters, numbers, and special characters).
10. DELIVERY OF GOODS
10.1. Conditions of delivery of the Goods and Services sold by BENCO CONS PRO S.R.L.. you can find them in the Order Delivery section.
10.2. The seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
10.3. The Seller will deliver the Goods only on the territory of Romania.
11. TRANSFER OF OWNERSHIP OF GOODS
11.1. The ownership of the Goods will be transferred upon delivery, after payment has been made by the Buyer at the location indicated in the Order (meaning 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 the Seller’s staff).
12. LIABILITY
12.1. The Seller cannot be liable for damages of any kind that the Buyer or any third party may suffer as a result of the performance by the Seller 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.
12.2. By creating and using the Account, the 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 the legislation in force, is responsible for the activity carried out through his/her Account.
12.3. By creating the Account and/or using the Content and/or placing the Orders, the Customer/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 creation of the Account and/or use of the content and/or on the date of placing the Order.
12.4. The Seller reserves the right to update and amend the Terms and Conditions of the Site from time to time to reflect any changes to the manner and conditions of operation of the Site or any changes to legal requirements. The document is enforceable against Customers / Users / Buyers from the moment of posting on the Site. In the event of any such change, we will post the modified version of the Document on the Site, which is why please check the content of this Document periodically.
13. WRITING REVIEWS
13.1. the writing of Reviews can be done by Users/Customers/Buyers, in the “Reviews” section. The information entered can be both positive and negative, and will refer to the characteristics and way of using a product.
13.2. At the time of registering a certain Review on the Site, the Users/Customers/Buyers grant the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited license and give the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display this content.
13.3. Each User/Client/Buyer, at the time of registering the Review in the mentioned sections, undertakes to comply with the following rules:
to make references only to the characteristics and/or the way of using a certain product or service, avoiding information related to aspects that may change (price or promotional offers) or information related to the way the Order is carried out;
to use only the Romanian language. Words or expressions that, although they are not considered Romanian, are widely used in all environments related to the respective field are also allowed;
to use appropriate, non-offensive language, without terms that may offend or affect any other User/Customer/Buyer;
ensure that the information they enter is realistic, accurate, non-misleading and in accordance with applicable laws, thereby respecting the rights of other parties, copyright, trademark, license or other proprietary, publicity or privacy rights;
to use this facility only to communicate additional details regarding a particular product on the Site without referring to other companies that promote the sale and purchase of products;
not to provide or request, in any way and to any extent, personal data (contact details, delivery or home address information, telephone numbers, email addresses, name and/or surname, etc.) or any other information that may lead to the disclosure of such personal data;
not to enter information and/or details about URLs (links) from other commercial sites that carry out the same commercial activity as the Seller;
not to try to defraud the services provided by the Seller or to submit Reviews containing advertising materials;
not to use the Review-ull as a means of communication with the Seller, in this regard the contact details of the Seller registered on the Site will be used.
13.4. In addition to a critical realistic rating, when submitting a Review, the User/Customer/Buyer will also add a relevant Rating for the related product or service. The reviews, together with the Ratings corresponding to them, will influence the overall Rating of the product or service, a number that appears in parentheses next to their title. Thus, a Review accompanied by a high Rating leads to an increase in the overall Rating, and a Review accompanied by a low Rating leads to a decrease in the overall Rating.
13.5. When a Review is flagged by a User/Customer/Buyer as having inappropriate content, from a strictly subjective perspective, this content is carefully examined by the Seller to determine whether it violates the Site Terms and Conditions. The texts, photos or videos entered are removed from the Site only after their examination by the Seller.
13.6. If the Seller finds the violation of the Terms and Conditions repeatedly, the Seller reserves the right to suspend the possibility of the User/Client/Buyer to submit Reviews in the “Reviews” sections.
For notifications or complaints related to the purchased Good, the Buyers have at their disposal the e-mail address simona@neuroinsight.ro. The maximum deadline for solving complaints or notifications is 30 calendar days from their receipt.
14. PROCESSING OF PERSONAL DATA
14.1. Please read the Privacy Policy regarding the processing of personal data, available here
15. USE OF COOKIES
15.1. Please review the Cookies Policy, available here
16. MAJOR FORCE
16.1. Neither party shall be liable for the failure to perform its contractual obligations, if such failure to perform on time and/or properly, in whole or in part, is due to a force majeure event. Force majeure is the unforeseeable event, beyond the control of the parties and which cannot be avoided.
16.2. If, within fifteen (15) days from the date of its occurrence, the respective event does not cease, each party shall have the right to notify the other party of the termination of the contract by operation of law, without any of them being able to claim damages from the other party.
17. GOVERNING LAW – JURISDICTION
17.1. This contract is subject to Romanian law. Any disputes arising between the Seller and the Users/Buyers will be resolved amicably or, if this is not possible, the disputes will be solved by the competent Romanian courts of law in the Municipality of Cluj-Napoca.
