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Terms & Conditions

GENERAL INFORMATION

The terms and conditions below regulate the relationship between you, as the User/Client, hereinafter referred to as "Client," and PHONETASTIC GSM S.R.L., a legal entity organized and operating in accordance with Romanian law, with its headquarters in Bucharest, Romania, Sector 2, Gheorghe Titeica Street, No. 142, Rooms 4, 5, and 6, 2nd Floor, registered under VAT number RO 27062757 and Registration Number J40/10878/2010, legally represented by Mocanu George Ciprian as administrator, hereinafter referred to as the "Company."
By using this website and purchasing products distributed or services provided by the Company, in consideration and strict compliance with these policies, terms, and conditions ("Terms and Conditions"), you expressly declare that you agree with the terms and conditions as set forth below, which you acknowledge and accept by using our website. Therefore, you have all the rights and obligations provided in our Terms and Conditions, along with the Policies found on our website, which may be amended periodically. Any such changes will be visible on our website, becoming effective and binding on you and the Company from the date of such amendment, which you accept upon its posting on the website. Such amendment shall be sufficient for publicity and enforceability against the Parties and third parties in your understanding and that of the Company.
Hereinafter, Users of this website and the Company will be individually referred to as a "Party" and collectively as the "Parties."

The purpose of these Terms and Conditions is to specify the rights and obligations of the Parties, particularly regarding (i) the use of this website; (ii) the purchase of products and services offered by the Company to any interested person through the website https://b2b.phonetastic.ro/; (iii) the transfer of ownership rights of products from Seller to Buyer (as defined below); and (iv) the collection and processing of your personal data.

The website https://b2b.phonetastic.ro/ includes any kind of information (texts, images, databases, products, prices, logos, advertisements, products, services, prices) constituting the content of https://b2b.phonetastic.ro/ ("the Website" or "Phonetastic GSM"), owned by PHONETASTIC GSM S.R.L. Any use or reproduction of the content (in whole or in part) of this Website for purposes other than personal interest is subject to legislation governing copyright and intellectual property rights.

Access to and use of this Site are subject to the Terms and Conditions, as well as all applicable laws and regulations. You must access and use this Site only after you have read and accepted these Terms and Conditions. By accessing and using the website https://b2b.phonetastic.ro/, including for placing an order, registering an account, or subscribing to receive our emails, you accept, without limitations or qualifications, these conditions and acknowledge that any other agreements between you and PHONETASTIC GSM S.R.L. are replaced by the provisions of these Terms and Conditions. If you do not agree or do not accept, without limitations or qualifications, the Terms and Conditions set forth below, please exit this Site.

 

DEFINITIONS

In the context of this document, the following terms, unless otherwise specified by context, shall have the meanings specified below:

User: you or any buyer within a sales system organized by the Company, exclusively using, before and at the conclusion of the Contract, the distance communication technique included in the Online Store, or any person who registers on the Company's website;

Seller: PHONETASTIC GSM S.R.L., a legal entity organized and functioning in accordance with Romanian law, with its headquarters in Bucharest, Romania, Sector 2, Gheorghe Titeica Street, No. 142, Rooms 4, 5, and 6, 2nd Floor, registered under VAT number RO 27062757 and Registration Number J40/10878/2010, legally represented by Mocanu George Ciprian as administrator;

Buyer/Client: any legal person User who uses the Website and places an order in the online store https://b2b.phonetastic.ro/ through the website, only after registering an account in advance and accepting these Terms and Conditions;

Online Store: the web page owned by the Company located at https://b2b.phonetastic.ro/ through which the Buyer has access to information regarding products and services offered for sale by the Company. By creating an account on the Phonetastic GSM website, the Client will have access to price offers of products marketed by the Company. Depending on availability, products may have multiple statuses and may be sold in different packages, according to the description at the time of accessing the respective product in the client account;

Product:  goods and services made available to the Buyer for sale by the Seller through the Online Store, accompanied by the specifications of each product, which can be consulted in the Online Store or on the packaging of the Product. For clarity, each product may have different specifications, any such difference can be identified on the Product or in the Online Store;

Contract(s): means the distance sales contract concluded between the Seller and the Buyer within an organized system of distance sales, specifically through the internet, without the simultaneous physical presence of the Parties, using exclusively one or more means of distance communication, until and including the moment the Contract is concluded, pursuant to which the Company as the seller transfers or undertakes to transfer ownership of Products to the Buyer, and the latter pays or undertakes to pay the price thereof ("Price"), including any contract that concerns both Products and services. These Terms and Conditions and the specific clauses related to each Product as presented in the Online Store at the time of placing the Order are an integral part of the Contract

Order: the firm request of the Buyer addressed to the Seller through the Company's Website in the user account, to purchase a certain Product or several Products distributed or sold by the Seller. For clarity, placing the Order constitutes acceptance of the Terms and Conditions, including the Price and the delivery term of the Products, which is not under the control of the Seller;

Declaration of Conformity: the declaration made by the manufacturer through which they inform, under their own responsibility, that a Product complies with a technical normative document, as presented to the Company by the manufacturer of that Product, a warranty against which the Company is a third party.

Legal Warranty of Conformity: the legal protection of the Buyer resulting from the effect of the law concerning non-conformity, representing the Seller's legal obligation towards the Buyer to bring the Product into conformity without additional costs, including refunding the price paid by the Buyer, repairing or replacing the Product if it does not meet the conditions stated in the warranty statements or associated advertising, provided that these have not been altered by the actions or inaction or under the control of the Buyer. For clarity, some Products sold by the Company do not support any other type of warranty, except for conformity;

Defective Product: a Product whose presentation manner, foreseeable use at the time of purchase does not offer safety, causing damage to the Buyer;

Safe Product: a Product that, when used under normal or foreseeable conditions according to the manufacturer's instructions, does not present risks or presents minimal risks, taking into account its intended use; the risk is considered acceptable and compatible with a high degree of protection for the safety and health of the Client, based on the following aspects: (i) characteristics of the Product, packaging, and instructions for use or assembly and maintenance; (ii) impact on other Products with which it can be used; (iii) presentation of the Product, labeling, usage instructions, and any other indications and information provided by the manufacturer; (iv) category of Clients exposed to risk by using the Product.

Warranty Period: the time limit that starts from the date of acquisition of the Product, during which the Seller assumes responsibility for remedying or replacing the Product at their expense if the defects are in no way attributable to the Buyer;

Warranty Certificate: the warranty certificate provided by the Seller together with the Product(s) ordered by the Buyer, specifying the conditions for granting the warranty and the Warranty Period. As an exception, this may be provided in electronic format via email or downloaded from the Seller's website, depending on the Product. In cases where the Warranty Certificate is not delivered with the Product upon delivery, the Buyer can obtain a free copy upon simple request in electronic or physical format, as is useful and practical for the Parties;

Validity Period: the time limit established by the manufacturer, until which a perishable Product or a Product that may pose an immediate danger to the Buyer's health shortly after, retains its specific characteristics if the conditions of transport, handling, storage, and preservation have been respected. Any degradation of the Products or their use for intimate purposes by any person outside the control of the Company or the Seller will void the warranty and invalidate the Validity Period of the Products, as they are not capable of retaining their characteristics after use;

Hidden Defect: a qualitative deficiency of a Product delivered to the Buyer that was not known and could not have been known by the Buyer through ordinary verification means.

 

USE OF THE WEBSITE

The Company grants permission to use the Website under the following conditions:

  • By accessing this Site free of charge, Users agree that the entire content of the Site ("Content") - including names, logos, trademarks, texts, advertisements, software, documents and media files, products, prices, etc. - are the property of the Company or another third party and are protected by copyright, trademarks, and other intellectual property rights, unless expressly stated otherwise, and may only be used by the User for informational purposes.
  • You may download the Content of the Website, but only for personal and non-commercial use, provided that you comply with the copyright and other intellectual property rights information and restrictions. Therefore, Users of this Site have the option to copy information from it for personal, non-commercial use without deleting or modifying it.
  • You are not permitted to distribute, modify, copy (except as mentioned above), transmit, display, reuse, reproduce, publish, license, sell, or use the Content without the written permission of the Company.

Additionally, please be informed that the Company will firmly ensure and enforce recognition of intellectual property rights in accordance with applicable laws. If necessary, the Company may take legal action against those responsible for intellectual property rights infringement through the competent courts in Romania.

In certain areas of the Website, Users may submit, as applicable, texts, files, images, photos, videos, audio files, or other materials for upload to the platform of the Website. The Company reserves the right to delete any content generated by the User that does not comply with the terms below.

In this regard, Users agree to the following:

  • Not to submit illegal, defamatory, libelous, obscene, threatening, harassing, abusive, racist content, or content that violates intellectual property rights or other materials that could constitute or encourage behavior that could be considered criminal.
  • Not to submit any personal information or violate the confidentiality of any natural or legal person in any way, including by sending their personal data.
  • Not to upload software materials, links, or files containing viruses, corrupted files, or any other similar software or programs that could negatively affect the operation or elements of the website.
  • Not to in any way defame the Company or its Products; any damage to their reputation will result in liability for covering the damages as a penalty and for the actual damage itself.                                                                                                                                    

The information provided on the Website may be in Romanian or English, without excluding their presentation in other languages. Any sales Contract is concluded, as applicable, in Romanian or English.
 Additionally, you must use our Website only for lawful purposes and in accordance with these Terms and Conditions of use.

You must not use the Phonetastic website in any manner or for any purpose that is illegal or violates the rights of any owner of the Content. Except where expressly stated otherwise, no part of this Site shall be interpreted as granting a license or right to use any trademark or copyrighted material without the express written permission of the trademark owner or copyright holder.

  It is prohibited to use:

• For any illegal purpose or in any way that violates applicable local, national, or international laws or regulations.
• For any fraudulent purpose.
• To conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means.

 

You will be subject to the Terms and Conditions in effect at the time you use this website or place each Order, except where changes to these policies are required by law or by a government authority, in which case any potential modifications will apply even to Orders placed by you prior to such changes.

Accessing and/or using the Website constitutes acceptance of these Terms and Conditions and obliges you to comply with them.

By ordering a Product or registering on the Site by entering your data in the section designated for placing an order, you agree that your data provided when creating or modifying your Client account, or any other personal data (including those of legal representatives, natural persons), provided to the Company, shall be collected and processed for this purpose, as well as for commercial and marketing purposes, as follows:

  • When ordering a Product on the Site, in your registered and approved Client account, you agree that the data (of the legal entity and personal data of the legal representative of the legal entity) entered on the Company's website shall be collected and processed for this purpose.
  •  Additionally, by checking the appropriate box to subscribe to the Newsletter, you agree that the personal data entered on the Company's website shall be collected and processed for this purpose, and you consent to receive information via email from the Company. Your consent remains valid even if you do not finalize the order or for any other reasons, immediately after entering the data. You have the right to withdraw your consent subsequently, in accordance with the Terms and Conditions on our website.
  • You can unsubscribe through a link in our emails, in the account section of the Website, or by contacting our customer service team at contact@phonetastic.com, and we will remove you from any marketing email communication. If you opt out of receiving email communications, you will be removed from our email database. However, your account will still remain valid for use.
  • You can contact us at any time to request your personal information or ask us not to use your personal information for marketing purposes. Please also refer to our Privacy Policy.
  • We reserve the right to revise and modify these Terms and Conditions at any time and at our discretion. Your initial acceptance of the Terms and Conditions extends to any modifications made to them over time. It is your responsibility to regularly review the updated Terms and Conditions presented on the Company's or Seller's website.
  •  You can withdraw your consent by sending a request to the email address contact@phonetastic.com. However, placing a new Order will be considered as acceptance and understanding of the Terms and Conditions in effect at the time of placing the new Order.

 

ONLINE STORE

The Company accepts the conclusion of distance contracts through electronic means and undertakes to comply with applicable laws regarding the conclusion, validity, and legal effects of these contracts.
The Company holds all intellectual property rights over the Online Store, including the Products, trademarks, design, website functionalities, images, and technical specifications, unless otherwise specified. The features of the Products on the Online Store are presented on the Site, and the Company provides technical support for their display. As the Seller, the Company provides the Buyer with professional information about its Products free of charge, in order to achieve the purpose stated in the online Order. The content published in the Online Store within the Site is for guidance purposes and provides information about the Products for sale, as well as other data considered relevant to Buyers.

The information and data within the Online Store do not constitute an offer to sell by the Seller but rather an invitation to offer (invitatio ad offerendum). The descriptions of the Products serve only the purpose of informing and enabling Buyers to make firm and binding offers in the form of Orders addressed to the Seller. There will be no Contract between you and us regarding any Product until your Order is expressly accepted by us.

Any accepted Order involves the Seller and the Buyer - a legal entity, in a distance Contract. The distance Contract is concluded between the Company, as the Seller, and a User - Buyer, within a sales system organized by the Company, using exclusively, before and at the conclusion of the Contract, the technique of distance communication provided in the Online Store. The moment of concluding the distance contract with a natural person, respectively, the conclusion of the contract with a legal person, is constituted by the Buyer's receipt of the written acceptance message regarding their Order. You may not transfer, assign, encumber, or otherwise dispose of any Contract or any of your rights or obligations arising therefrom without obtaining our prior written consent.

The content of the Contract will be stored by the Company on our Website and can be accessed by you within the password-protected User account, provided that you have created such an account in the Online Store before submitting the Order. For clarity, in the absence of a written contract, your Order, accepted by the Company, constitutes the sales contract, the expression of will agreement by placing the Order, with the terms and conditions of this policy understood to represent the sales terms and conditions of the Products.
The Buyer, by placing the Order, declares that prior to concluding the Contract, considering that it is concluded remotely, they have been informed by the Seller about all aspects regarding the contractual relationship between them, as well as about the ordered Products. The Buyer acknowledges and accepts that (i) placing the Order entails an obligation to pay (ii) they are aware of all costs related to the Order, including but not limited to the sale price, delivery costs, and costs related to the bank transfer of the price of the Products.

The Order can be placed by the Buyer exclusively through the Seller's online platform, specifically through the Online Store on the Site, following the steps provided in writing, with the registration of a client/user account.

The ownership rights of the Product(s) from the Seller to the Buyer are transferred at the moment when the Buyer pays the Price of the ordered and delivered Product(s).
The Seller consistently takes steps to provide the most accurate and relevant information about the Products offered for sale in the Online Store. If Prices or other Product information have been displayed incorrectly, we reserve the right not to fulfill the Order and to notify the Buyer regarding the error if the delivery has not been made.

The product images displayed in the Online Store are for presentation purposes. We have made every effort to display the colors and images of our products as accurately as possible in the Online Store. However, the actual products ordered may differ in certain characteristics (e.g., color shades) from the real appearance of the Product, depending on the batch in which they were manufactured. Furthermore, we cannot guarantee that the display of your computer monitor will accurately reflect the colors of the Products.
Certain Products may be available exclusively online through the Site. These may have limited quantities and can only be returned or exchanged according to our return policy.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any Products that we offer.

To ensure the smooth execution of the contract, the Company may contact the Buyer via email or telephone, based on the Buyer's expressed agreement, if during interaction with the website, the Buyer completes their identification and contact details by accepting these Terms and Conditions. The purpose of this contact is to expressly request any information necessary to successfully complete the order process.

In the Online Store, Products are displayed with various availability statuses, based on which the Products can be ordered online.
In order to optimize the online ordering service, the Company reserves the right to restrict customers' access to certain features of the Online Store, such as the inability to place an online order if the User has not created a user account.
Additionally, some features available to clients in the Online Store, such as delivery and payment methods, may be conditioned or restricted depending on the selected Product and other stock-related conditions and specific delivery methods.

Prices are visible for registered clients after previously logging in to the website The price of the ordered Product is the one displayed on the date of placing the Order, accessed through the Client's account. All Product descriptions or prices may be modified at any time without notice, at the discretion of the Company. We reserve the right to discontinue displaying any Product in the Online Store at any time.

Additionally, we reserve the right to remove any Product from this website at any time, discretely, and to remove or modify any material or content from this website. While we make every effort to always process all placed Orders, there may be circumstances that require us to refuse Order processing after the Order confirmation message has been sent, and we reserve the right to do so at any time. We will not have any liability towards you as the Buyer or any third party for removing any Product from the Online Store, for removing or modifying any material or content from this website, or for not processing an Order after sending the Order confirmation message.

Any information regarding the Contract concluded between the Buyer and the Seller will be stored for a limited time and will be made available to third parties only upon request by judicial authorities or with the Buyer's agreement.
For any errors in transmitting the data necessary for processing the placed Order, you can contact us at the email address support@phonetastic.com. After the Order has been processed by the Company, we do not assume responsibility arising from the Buyer's transmission of erroneous data.

To place an order and make purchases on the Phonetastic GSM website, the Buyer will be able to create a client/user account through the site's platform. This account allows the Buyer to view the products available for sale, along with their respective prices, customized based on the Buyer's customer category. To access the prices of products sold on the Phonetastic website, the Client must register a Client account following the steps provided on the Phonetastic website and only after approval by the Company.
To register a Client account on the Phonetastic website, the Client will complete the required fields on the site and upload the documents requested for Client identification (such as company name, address, legal representative, email address/phone number), in the format specified on the site (e.g., jpg, pdf, etc.).

After completing the fields and uploading the required Client documents into the Client account, the Company will verify the submitted information within 48 hours from the date of account registration (specifically from the date of completing the registration form).
The Client will receive an email from the Company at the provided email address, informing them whether the Client account has been approved or not. Upon approval, the account will be considered active, allowing the Client to access the offers displayed on the site and place orders for Products. If the Company determines that there are substantial reasons not to approve the Client's account registration, it will communicate this decision in writing to the Client's provided email address, accompanied by the specific reasons for the decision.

To create the Client account, the Client will provide certain personally identifiable information protected by law (such as the name and surname of the Client's legal representative, legal entity). The processing of this personal data by the Company will be carried out in accordance with applicable law and its Privacy Policy, as well as in accordance with our Terms and Conditions. Any complaints regarding the collection and processing of personal data can be sent to the email address: gdpr@phonetastic.com.

The client can place an order from the product listing page accessed within the Client account, and they will finalize the order after selecting a payment and delivery method. The payment for the order can be made by transferring the price of the ordered products and the shipping costs to the accounts specified in the "Payment" section, within 72 hours of placing the order. The order will be automatically registered in the Company's system. The order will only be considered accepted and finalized once the amount representing the order price has been paid and is visible in the bank accounts specified by the Company.
All orders are subject to acceptance by the Company. Therefore, the contract between the Seller and the Buyer regarding the purchase of a Product is concluded only when we send you a written confirmation accepting your order.

Products added to the shopping cart without clicking the purchase button do not trigger the order registration or reservation of the Products in the store.
The Seller reserves the right to refuse the Buyer's order or orders at any time, for any reason, including but not limited to objective reasons (suspected fraud, Products not being in the Seller's stock and not expected to be available for another 30 days from the date of the order) or reasons related to the Seller's commercial strategies. The Seller may accept the offer, i.e., the received order, within 1-2 days from the date of receiving the Order Price in the Company's account, by sending a written confirmation of order acceptance to the Buyer's email address.
If the Company, acting as the Seller, does not accept the order within the mentioned timeframe, this will be considered a rejection of the offer, and therefore, after this moment, the Buyer is no longer bound by the placed order.

The client will receive the status of the registered order at the email address provided during the creation of the Client account and will be notified in writing each time there are changes to the order, such as "Order processing," "Order being shipped," "Order delivered," etc.
All orders for Products are subject to the availability of the respective Products in our stocks. In this regard, in case of supply difficulties or if the Products are no longer in stock, we reserve the right to inform you by email, and the order will be considered canceled. If the Company has already received payment for the ordered Products, we will fully refund any amounts paid.
For the successful completion of the ordering process, the Buyer acknowledges that all contact details provided by them are complete and accurate. If necessary, to successfully finalize the Order, the Seller may contact the Buyer using the agreed-upon means once the contact details are provided.

Considering that Order processing and communication typically occur via email, and Order processing is automated, it is the Buyer's responsibility to ensure that the email address provided for Order processing at the time of account registration is correct, so that emails sent by the Seller can be received at this address. In particular, if SPAM filters are used, it is the Buyer's responsibility to ensure that all emails sent by the Seller during Order processing can be delivered.

In case the Order is accepted, the Seller undertakes the obligation to deliver the Product(s) to the Buyer at the address specified by the Buyer in the Order ("Delivery Address"), exactly as provided by the Client in their account. Generally, the Client cannot modify the billing or delivery address (data is taken from the account creation form) except by emailing a request to Phonetastic GSM. Only under exceptional and well-founded reasons (for example, if the Client's headquarters have changed), the Client may request the Company to change the billing and/or delivery address by sending an email to the Company at contact@phonetastic.com. The request to change billing/delivery data must be justified and accompanied by supporting documents (such as a certificate of registration changes from the Trade Registry).

The Company will notify the client via email, as appropriate, of their acceptance or refusal regarding the modification of billing/delivery data in the Client's account, and any refusal will be accompanied by the reasons for it.
If the client modifies the Delivery Address, they are obligated to inform the Seller of this before the Seller has handed over the Product(s) to the carrier for delivery to the client. Otherwise, it will be considered that the Seller has fulfilled their delivery obligation, and the Buyer will be liable to pay the transportation cost for delivering the Product(s) to the new address communicated by them, following the placement of the initial Order.The costs associated with delivering the Order will be borne by the Buyer and will be carried out through courier service providers approved by the Company. The Client can choose between standard or express delivery. The delivery timeframe of the Order will be determined by the Courier, and the Company is not responsible for the delivery of the Order. Additionally, the delivery timeframe can be consulted on the courier's website at the time of placing the Order, depending on the type of delivery chosen (standard or express).

The Seller reserves the right to cancel the Order placed by the Buyer, without limiting to the following cases:
• The card/transaction is not accepted by the issuing bank;
• Payment made via bank transfer/internet banking was not completed within 72 hours from the time of placing the order;
• Delivery by courier/transportation means was not possible (e.g., the client cannot be reached by phone or physically by the courier at the address indicated for delivery of purchased goods, etc.);
• The price of the Product is derisory (as defined in Article 1665 of the Civil Code);
• The Product is no longer in stock;
• Etc.

In case of cancellation of the Order, neither party involved can claim or request damages.
The Seller cannot be held responsible for any additional costs incurred by the Buyer, such as transaction fees, currency conversion fees (if payment is not made in Lei) applied by the issuing bank of the Buyer's card. The responsibility for these actions lies solely with the Buyer. The Buyer bears full responsibility, and any disputes will be resolved between the Buyer and the issuing bank of the card.

 

OPERATING HOURS

Orders can be placed online anytime, but their processing period occurs daily within a shorter time frame determined by the Company. Orders placed on Saturdays, Sundays, and legal holidays will be processed on the next business day.
Once an online Order is placed, the Buyer agrees to the subsequent form of communication (phone or electronic), as well as the Seller's operational mode.

 

PROMOTIONS

The Company may offer vouchers, referral programs, discount codes, or any other promotions within the Online Store (hereinafter referred to as "Promotions").

Promotions are valid: for limited periods specified on the product presentation page in the Online Store, within available stock limits. The Company cannot be held responsible for damages resulting from information published in the Online Store due to errors not attributable to it.
The Company reserves the right to add to and/or modify any information in the Online Store without prior notice to Site Users, including the validity period of Promotions.

Our promotions are subject to the following conditions, except where expressly stated otherwise:
1. Promotions are non-transferable.
2. Any promotion must be redeemed at the time of placing the order. Retroactive crediting is not possible.
3. Different types of promotions cannot be combined.
4. Promotions can only be redeemed in the country for which they are issued.
We implement promotions under the motto "in good faith." We reserve the right to exclude from any promotion users for whom there is suspicion of violating good faith in relations with the Company and in the execution of any type of promotion organized by it.

 

PRICE

All prices for products on our online store, visible in each client's account and are periodically updated. The price of the product ordered is the one displayed in the client's account at the time of placing the order, unless there is an obvious error. While we take care to ensure that all prices on our website are accurate, errors may occur. If we discover a pricing error on any product in your order, we will inform you as soon as possible. In such a case, we reserve the right to cancel the order and refund the full amount paid, or we may offer you the option to confirm the order at the correct price. The company is exempt from any obligation to sell a product at an incorrectly lower price (even if you have received a shipping confirmation from us), if the pricing error is obvious, unmistakable, and could have been reasonably identified by you as an error.

 

BILLING AND DOCUMENT ISSUANCE

Based on the information held by the company and that provided by you as the buyer, we will issue an invoice for the delivered products. Additionally, the products will be accompanied by the documentation sent by the supplier and required by law for the ordered product(s) (e.g., declaration of conformity). The buyer is obliged to provide complete and correct information necessary for invoicing according to current legislation, which the buyer will provide at the time of registering their account. In this regard, the company will not request from the buyer through the forms on the website any confidential information other than that necessary for issuing the invoice, delivering the products, or completing the online order process. You will be solely responsible for any incidents and damages caused to us or third parties as a result of providing banking details that do not belong to you.

The company will send the buyer the invoice related to the order in electronic format, available online to the buyer's email address and/or in physical format upon delivery of the products. Thus, the client has the possibility to keep a record of the issued invoices.
If the buyer does not receive the invoice on the email address provided within 48 hours of receiving the products, they are kindly requested to send a notification to the company's contact email address.
The content of the contract concluded between the parties will be stored by the company as the seller. Additionally, the contract content stored on the Phonetastic GSM website will be accessible to the buyer in their password-protected User account, provided that they have created a User account in the Online Store before placing the Order.
Seller's responsibility includes ensuring proper packaging of the Products. The risk of loss of the Product transfers to the Buyer, respectively to the Carrier at the moment of handing over the Order to the Carrier and to the Buyer upon delivery.
The Carrier assumes responsibility for delivering the Products ordered by the Buyer.

 

DELIVERY AND ACCEPTANCE OF PRODUCTS

Subject to provisions regarding Product availability and except in cases of extraordinary circumstances, we will make every effort to fulfill your Order with the Products listed in the Order acceptance and shipment confirmation by the specified date or, if no delivery date is specified, within the estimated timeframe indicated at the time of placing the Order. The Seller undertakes to deliver the Products through courier companies approved by the Company. The transport costs and the Seller's partners can be identified on the Carrier's website when placing the Order.
All Orders are shipped on the same day if the payment is made by the Buyer and is visible in one of the Company's accounts before 12:00 PM.  Orders placed on weekends are shipped on Mondays, and the general delivery period is up to 3 business days.

Please note that delays may occur due to the customs clearance process in the Buyer's selected destination country or unforeseen circumstances. Any taxes levied during the customs clearance process are the sole responsibility of the Buyer. If, for any reason, we are unable to meet the delivery date, estimating a significant delay period, we will inform you of the situation and offer you the option to proceed with the Order with a new delivery date or to cancel the Order with a full refund. Please note that we generally do not deliver on Saturdays, Sundays, or on public holidays according to applicable law. For the purposes of these Terms and Conditions, "delivery" shall be deemed to have occurred or be deemed to have been "delivered" when you, or a designated third party by you, physically take possession of the Products.

The client has the right to reject the delivered Products if they do not conform to the details specified on the Product page. The client will take possession and ownership of the Products upon signing the transport document and making payment (if payment has not already been made via card or bank transfer) to the courier. The risk of loss or damage to the Products is transferred to the Buyer at the moment when the Buyer or a designated third party, other than the Carrier, physically takes possession of the Products. However, the risk is transferred to the Buyer at the moment the Seller hands over the package to the carrier, if the carrier has been commissioned by the Buyer to transport the package, without prejudice to the Buyer's rights against the carrier contracted by the latter.

A package is considered lost after a period of 21 working days for international orders that have not been delivered. Although orders typically take less time to deliver, we cannot dispatch a replacement until this time period has expired. Additionally, the Seller cannot be held responsible for any direct or indirect losses or damages suffered by a Buyer due to delays or non-delivery of the Products, regardless of the delivery method, as the Carrier is responsible.
Furthermore, if the Buyer or another person designated by them is not present at the delivery address at the time of attempted delivery by the courier, the Buyer may directly contact the courier to arrange delivery at a convenient later date or to pick up the parcel personally from the courier's office. The Buyer has 21 days until the parcel is returned to the Seller as undeliverable. In this case, please note that the Company will consider the Contract terminated and will not attempt to resend parcels returned as undeliverable. Instead, the Company will proceed with refunding the value of the Products ordered by the Buyer, excluding the delivery fee. Please note that termination of the Contract may incur additional costs, and we reserve the right to pass on these costs to you.

In the event that the parcel is returned to us due to an incorrect or incomplete address, you as the Buyer are responsible for paying all shipping costs for the Seller to resend the Order to the correct address provided by you later. The Seller is not responsible for the loss of the Order if the address provided at the Order's completion is incomplete or incorrect.

 

NON-CONFORMING PRODUCTS

The Seller provides a warranty only for Products that by their nature can have such a warranty.
To the extent that the products ordered and delivered to the client are not compliant, they may be replaced by the Seller with identical Products and delivered to the Buyer after the latter has returned the initial ordered Products to the Seller.
The warranty concerns the Conformity of the Products with their specifications as presented by the Seller publicly, regardless of the communication method (online, television, etc.).

Products are in conformity with the Contract if one of the following conditions is met:

  • They correspond to the description provided by the Seller and have the qualities described on the Seller's website and/or mentioned in the Seller's advertising spots and/or in the Declaration of Conformity and/or on the product's prospectus, as applicable.
  • They correspond to any specific purpose requested by the Buyer, a purpose communicated to the Seller and accepted by the latter at the conclusion of the Contract.
  • They correspond to the purposes for which Products of the same type are normally used.
  • Being of the same type, they exhibit parameters of quality and performance that are normal, and which the Buyer can reasonably expect given the nature of the Product and the public statements regarding its specific characteristics made by the Seller, the Manufacturer, or their representative by phone, especially through advertising or labeling of the Product.

It is not considered a lack of conformity if at the time of concluding the Contract the Buyer was aware of or could not, reasonably, be unaware of this lack of conformity, or if the lack of conformity originates from the materials supplied by the Buyer. The Seller is not liable for the public statements and descriptions mentioned above in any of the following situations: (i) if the Seller was not aware of and could not reasonably have been aware of the statements in question; (ii) if the statement was corrected at the time of concluding the Contract; or (iii) if the Buyer's decision to purchase the Product in question could not have been influenced by the public statements in question.

In the event that the Product has defects or is non-conforming, the Buyer shall inform the Seller in writing about this, either via email at contact@phonetastic.com or by opening a Complaint from the Client account, in the "Ticket" section ("Complaint"), specifying concretely the nature of the lack of conformity, within a maximum period of 2 calendar days from the receipt of the Product by the Buyer. If the Product has a Hidden Defect, then the aforementioned deadline will be calculated from the date on which the Buyer discovered the Hidden Defect. The complaint will be communicated by the Buyer to the Seller (i) through the platform, from the Client's account - in the case of a Ticket; (ii) by email. Through the complaint, the Buyer may request from the Seller (i) the replacement of the Defective Product/s; (ii) the free repair of these products throughout the Warranty period if they are Durable Goods; (iii) a price reduction or refund, all referred to hereafter as "Remedial Measures". Failure to comply with the deadlines mentioned above entitles the Seller to refuse to take Remedial Measures. The Buyer cannot demand from the Seller to take Remedial Measures if they are impossible or disproportionate.

In the event that the Seller unreasonably refuses to replace the non-conforming Product, even though the Buyer has complied with the deadline for submitting the complaint and returned the Product, the Buyer may demand from the Seller either the termination of the Contract or an appropriate price reduction. The Buyer cannot claim termination of the Contract if the lack of conformity is minor. Lack of conformity may be considered minor, with the following examples: the Product's packaging is degraded without affecting the qualities and properties of the Product; the packaging has minor scratches that do not affect the Buyer's information regarding the components and/or installation of the Product; the color intensity of the packaging and/or Product differs from that presented by the Seller.  As a rule, the Warranty Period is as provided by the Manufacturer. Under no circumstances shall the Warranty exceed a period of 2 years from the delivery date of the Product. However, for Products with a shorter Average Useful Life than 2 years, the Warranty Period is automatically reduced to the respective duration stated on the Product's packaging.

 

LIMITATION OF LIABILITY

By accessing the Site, you agree that its use is at your own risk. To the maximum extent permitted by law, we exclude all warranties of any kind, except those that cannot be legally excluded for Users.
Therefore, except where expressly specified otherwise by law or these Terms and Conditions, our liability regarding any Product purchased through our website is strictly limited to the purchase price of that respective Product.

 Additionally, the Company shall not be liable for any direct or indirect incidents or any other losses, costs, or expenses of any nature that may arise from accessing or browsing the Site or through downloading data (text, images, video, or audio).
We do not guarantee and do not provide warranties that:

  •  the Site will be available at any time or from any geographic location;
  • your access to the site will be continuous or uninterrupted;
  • the Site will be accessible or optimized for all browsers, computers, tablets, phones, etc.

We provide no warranty or representations regarding the accuracy, reliability, completeness, or timeliness of the content on this website. The content of www.phonetastic.com may contain inaccuracies or typographical errors. We bear no responsibility for errors or omissions, and your use of this Site and its Content is at your own risk.

We reserve the right to suspend access to the Site entirely or partially for any reason, including for commercial or operational purposes, such as improving its appearance or functionality, updating content, performing periodic maintenance, or resolving any issues we may encounter.
The terms and conditions of this Site are legally binding. Therefore, the Company reserves the right to modify the Phonetastic GSM website and its terms at any time. Users/Buyers will be bound by the new Terms and Conditions from the moment of publication of the update on this Site. You should review this page before each access or use. Additionally, the Company shall not be liable for any damage caused by viruses, bugs, human actions, or any system malfunction or any other errors, defects, or communication delays in transmissions to devices.

All information and materials contained on this Site are provided free of charge, without any warranty. Under no circumstances shall the Company be liable for any direct, indirect, incidental, special damages resulting from the use or inability to use this Site, and shall not be responsible for any damages resulting from errors, omissions, interruptions, errors, defects, operational or transmission delays, or any non-performance of the Site. We do not guarantee that any of the functions contained on the www.phonetastic.com Site or your access to it will be uninterrupted or error-free.

The Company may publish links to third-party websites on the Phonetastic GSM Site. The content, hyperlinks, or information on those other sites are not under our control. We do not endorse any materials on any site and provide no warranty and assume no responsibility regarding the quality, accuracy, source, commercial nature, suitability for purpose, or any other aspect of the material on any other published sites. We do not guarantee that the materials on the displayed links do not infringe on the intellectual property rights of any other person. Any transactions you engage in with a site displayed on our page are at your own risk. We assume no responsibility for any action, omission, failure to perform obligations, negligence, or any loss or damage caused by a third-party site published on the Phonetastic page.

By creating and using a User account, the User is responsible for maintaining the confidentiality of their login data (access). The User will keep the username and password confidential and use them responsibly for managing orders and the facilities provided in the client account.
Users agree not to share or transfer passwords or any other access information to any third party. Users assume sole responsibility for the use of the account and password confidentiality. By accessing the Site, creating a User account, and placing Orders, the User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site, as presented on the Site, as well as the conditions under which the online ordering process takes place, including the cookie usage policy and the processing of personal data. The Company cannot be held responsible for damages resulting from the loss of purchased Products or from the use of Products after delivery, except for legal and conventional warranties granted.

The Company reserves the right to modify the Terms and Conditions of the Site and the general conditions under which the online ordering process takes place at any time. The client confirms acceptance of these Terms and Conditions by checking the "I agree to the Terms and Conditions," "Cookie usage policy," and "Processing of personal data" checkboxes.
The distance contract concluded is governed by the Terms and Conditions valid at the date of the agreement of wills.

 

PUBLICITY AND CONFIDENTIALITY

The Buyer shall not disclose, by any means, any private information received from the Seller to third parties, under penalty of being liable for damages.

The Seller reserves the right to use the information provided by the Buyer for the purpose of executing the distance Contract.
The Seller reserves the right, with the Buyer's agreement, to store and use for its own interest, for marketing activities, any information provided by the Buyer through the Site. Additionally, the Seller will not provide any information received from the Buyer to any third party, except to agreed partners, service providers with whom there is a contract protecting such data received from the Buyer.

 

FORCE MAJEURE

We will not be held liable or responsible for any failure or delay in performing any of our obligations under a Contract if such failure is caused by events outside of our reasonable control ("Force Majeure Event").

 

DISPUTES. APPLICABLE LAW

These Terms and Conditions of use, all documents referred to herein, and any disputes arising out of or in connection with them or any other documents referred to, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of Romania.
The courts of Romania, located at the headquarters of the Company, shall have exclusive jurisdiction over any claim or dispute arising out of or in connection with these Terms and Conditions and any documents referred to herein.

The Company may, at any time and without prior notice, revise these Terms and Conditions by updating them. You are bound to comply with any and all such revisions, and therefore you should visit this page of our Site periodically to review the updated Terms and Conditions.

 

FINAL PROVISIONS

The User/Buyer understands and agrees that their personal data will be processed by the Company. The Privacy Policy regarding Personal Data can be accessed at https://b2b.phonetastic.ro/.

If you wish to contact us regarding your personal information or these Terms and Conditions, please use the contact details provided at https://b2b.phonetastic.ro/.

PHONETASTIC GSM S.R.L

VAT number: RO 27062757

Trade Registry number: J40/10878/2010

Address: Str. Gheorghe Titeica, Nr. 142, Sectorul 2, Bucharest, Romania.