is the commercial name of SC ORTESSA MEDICAL SRL., legal entity of Romanian nationality, with registered office in Bucharest, Soseaua Virtutii no. 148, sector 6, having serial number in the Trade Register J04/577/2020, unique fiscal registration code 42556193.

Seller – Ortessamedical or any Ortessamedica partner.

Buyer – can be any natural person who is over 16 years old or legal person or any legal entity that creates an Account on the Site and places an Order.

Customer – can be any natural person who is over 16 years of age or legal person who has or obtains access to the CONTENT, through any means of communication provided by Ortessamedica (electronic, telephone, etc.) or based on an existing user agreement between Ortessamedica and it and which requires the creation and use of an Account.

User – any natural person who is over 16 years of age or a legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the General Terms and Conditions section.

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

Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order and which contains information about the Client/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods guarantees, etc.). The user is responsible and will ensure that all the information entered when creating the Account is correct, complete and up-to-date.

Favorites – section of the Account that allows the Buyer/User to create Lists of Goods and Services that he/she wants to follow with a view to a possible purchase using the service offered by the Seller to track the Goods and Services by receiving Commercial Communications from his part.

List – the Favorites section where the Buyer/User can add Goods or Services that they want to follow for a possible purchase and which, subsequently, they can delete or add to the shopping cart (“My Cart”).

Lists can be:

Public: any Customer/Buyer/User can view the Buyer’s/User’s List if he has shared it on social networks (Facebook, Twitter and Google+) or if he accesses the Buyer’s/User’s public profile on the Site. The lists are public, and the Buyer/User has the possibility to set them as private at any time, directly from his Account, the Favorites section;

Private: they can only be viewed by the Account holder. The Buyer/User has the possibility to set them as public at any time, directly from their Account, the Favorites section.

My basket – section of the Account that allows the Buyer/User to add Goods or Services that he wishes to purchase at the time of addition or at a later time; if the Goods or Services are not purchased at the time of addition by making the Order, the Buyer/User will benefit from the service offered by the Seller for tracking the Goods and Services by receiving Commercial Communications from him.

Site – the online store hosted at the web address www.ortessamedical.ro and its subdomains.

Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer conveys to the Seller, through the Site, his intention to purchase Goods and Services from the Site.

Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order, which are to be provided by the Seller to the Buyer as a result of the concluded Contract.

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

Contract – represents the remote 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 by using an electronic device;
• the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other means of communication available;
• any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
• information related to the Goods and/or Services and/or the rates applied by the Seller in a certain period;
• information related to the Goods and/or Services and/or rates charged by a third party with whom the Seller has concluded partnership contracts, during a certain period;
• data related to the Seller, or other privileged data of the Seller.
Review – an evaluation written by the owner or beneficiary of a Good or Service, an evaluation based on personal experience and his ability to make qualitative comments and to say whether or not the Good or Service complies with the specifications mentioned by the manufacturer.
Rating – way of expressing the degree of satisfaction of a User/Client/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 – assessment or observation with a critical purpose, on the side of a Review or another comment.
Question – the form of addressing other Users/Clients/Buyers in order to obtain information about the Goods or Services from the respective page.
Answer – written information that is sent to the User/Client/Buyer who has asked a Question on the Site, on the page of a certain Good. The answer is an explanation offered by a User/Client/Buyer to another User/Client/Buyer in a discussion.
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 on similar or complementary products to the ones you have purchased, information regarding offers or promotions of ortessamedical or the ortessamedical, information regarding Goods and Services added to the “My Account/Cart” section or the “Account/Favorites” section as well as other commercial communications such as market research and surveys of opinion.
T
Transaction – collection or reimbursement of an amount resulting from the sale of a Good and/or Service byortessamedical to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.
Green stamp tax – the amount expressed in lei, paid by the Seller to the company authorized to take over the operations of collection, transport and recovery/recycling of waste electrical and electronic equipment, as provided by the legislation in force.
Specifications – all the specifications and/or descriptions of the Goods and Services as specified in their description.

1-click payment – the payment service provided by the payment processor integrated in the Site, made available to Customers, Users and/or Buyers through the Site in order to make an online card payment.
Token – unique encrypted number associated with the Buyer’s payment card after making an online payment, after activating the PaybyClick service and which can be used by the Buyer to authorize Transactions through the PaybyClick service.
“PRP” (or referred to as “RRP”, as the case may be) is a recommended resale price of the Good transmitted directly by the manufacturer, as well as, as the case may be, through the distributor, the supplier, the Seller, the Sale Price being established independently by to the Seller, according to his own commercial policy. The sole purpose of this information is to support the Buyer/Client/User in the decision to purchase the Good. The Buyer/Client/User understands that the less obvious marking of this information is not of a nature to cause confusion and that, in making the decision to purchase the Good, the Buyer/Client/User must strictly consider the Selling Price communicated by the Seller and requested by him from the Buyer/Client/User for the sold Good.
“Cut Price” represents the reference price, i.e. the lowest price applied by the Seller at least during the last 30 days before the date of applying the price reduction to the Good. Under the law, the Cut Price can be maintained under the conditions of a successive, gradual reduction. The Cut Price is valid within the limit of the available stock of the Good/Service.
“Sales Price” represents the counter value of the Good, claimed and requested by the Seller, Buyer/Client/User, highlighted accordingly in the product page of the Website, respectively in the presentation label for the products displayed in the Showrooms. The seller can display distinctly, in a visible way, the value amount of the difference between the Sale Price and the PRP and/or the value or percentage difference between the Sale Price and the Cut Price. The Sale Price is valid within the limit of the available stock of the Good/Service.
Search algorithm
The search algorithm consists of 2 components: text relevance (score represented by the matching between the search term and the data of the Good), the popularity of the Good in the eMAG platform. Top Goods are reordered using a machine learning algorithm in order to improve the relevance of searches.
2. CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If he changes the amount of Goods and/or Services in the Order, he will notify the Buyer at the e-mail address or phone number provided to the Seller when placing the Order and will return the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the notification of dispatch of the Order.
2.5. For Orders to be delivered to eMAG showrooms and delivery points, prices and reservations for Goods and/or Services are valid 72 (seventeen) hours after the Order is registered by the Buyer.
2.6. The document and information made available by the Seller on the Site will form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or one of its suppliers for the purchased Goods.

3. ONLINE SALES POLICY
3.1. Access to place an Order is allowed to any User/Buyer.
For justified reasons, eMAG reserves the right to restrict the User’s/Buyer’s access to place an Order and/or to some of the accepted payment methods, if it considers that based on the User’s/Buyer’s behavior or activity on the Site, his actions could harm eMAG in any way. In any of these cases, the User/Buyer can contact the Customer Relations Department of eMAG, to be informed about the reasons that led to the application of the aforementioned measures.
3.2. Communication with the Seller can be done through direct interaction with him, including through online support (Live Chat) or through the addresses mentioned in the “contact” section of the Site. The seller has the freedom to manage the information received without having to provide justifications for this.
3.3 In case of an unusually high volume of traffic coming from an Internet network, eMAG reserves the right to ask Users/Buyers to manually enter captcha validation codes, in order to protect the information on the Site.
3.4. eMAG can publish on the Site information about Goods and/or Services and/or promotions practiced by it or by any other third party with which eMAG has concluded partnership contracts, within a certain period of time or within the limit of available stock.
3.5. All tariffs related to the Goods and/or Services presented on the Site are expressed in lei (RON) and include VAT, with the exception of voice and/or data subscriptions, which are expressed in euros (EUR) and do not include VAT.
3.6. Under the conditions provided by law, the price of electronic goods displayed on the Site includes the green stamp tax. If the User/Buyer requests details regarding the exact amount added to the price of the Good, he/she will contact the eMAG Customer Relations Department.
3.7. In the case of online payments, the Seller is not/cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, in the event that the issuing currency differs from RON. The Buyer is solely responsible for this action.
3.8 All information used to describe the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.
3.9. After 14 (fourteen) days from the purchase of a Good or Service, the Buyer will be requested to register 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 the information of other possible Users/Clients/Buyers on the Site and is actively involved in the development of new Services and in detailing the characteristics of the Goods as completely as possible.

4. ASSIGNMENT AND SUBCONTRACTING
4.1. The Seller may assign and/or subcontract to a third party for Services related to the fulfillment of the Order, with the Buyer’s information, without his consent being necessary. The Seller will always be responsible to the Buyer for all contractual obligations.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of eMAG, which is All rights obtained in this regard directly or indirectly (through licenses for use and/or publication) are reserved.
5.2. The Client/Buyer/User is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by eMAG, include any Content outside the Site, removal of the insignia signifying eMAG’s copyright on the Content as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of eMAG.
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 usage agreement concluded between eMAG and it, and without any implicit or express guarantee from eMAG 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 eMAG gives the Client/Buyer/User the right to use, in the form described in a separate user agreement, certain content, to which the Client/Buyer/User has or obtains access following this agreement, this right extends only on that or those contents defined in the agreement, only during the existence of this or these contents on the site or 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 eMAG 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 harmed in any way by this 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 him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of eMAG and/or the employee/employee of eMAG who mediated the transfer of Content, if it exists, in relation to that content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or by the user agreement that accompanies it, if it exists, is prohibited.

6. ORDER
6.1. The Client/Buyer can place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart, then completing the Order by making payment through one of the expressly indicated methods. Once added to the shopping cart, a Good and/or a Service is available for purchase as long as there is stock available for it. Adding a Good/Service to the shopping cart, without completing the Order, does not result in the registration of an order, implicitly neither does the automatic reservation of the Good/Service.
6.2. By completing the Order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true on the date of placing the Order.
6.3. By completing the Order, the Buyer agrees that the Seller can contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.
6.4. The Seller can cancel the Order made by the Buyer, following a prior notification addressed to the Buyer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:
6.4.1. non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in the case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by eMAG, 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 give up 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
– the day on which the Buyer takes physical possession of the last Good or the last part – in the case of the delivery of a product that consists of several lots or parts
6.6. If the Buyer decides to withdraw from the Contract, he will be able to complete the return form online at http://www.emag.ro/info/form/retur.
6.7. If the Client/Buyer requests withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of his decision to withdraw from the Contract. The amount will be returned as follows:
6.7.1. for Orders paid by bank card -> by refund to the account from which the payment was made or by generating a voucher with the value of the returned product;
6.7.2. for Orders paid with Op/iTransfer/ -> by bank transfer or by generating a voucher with the value of the returned product;
6.7.3. for Orders paid on cash on delivery / with cash in the showroom -> by returning cash in the showroom, by returning the value of the product to the bank account sent by the customer or by generating a voucher with the value of the returned product.
6.7.4. for Orders paid by consumer credit -> cancellation/recalculation of installment contract.
6.7.5 for Orders paid by the payment methods “Pay over 30 days” and “Pay in 4 installments” to send
6.8. The Seller will be able to postpone the refund of the amount until he receives the sold Goods or until he receives proof that they have been shipped, if he has not offered to recover the Goods himself (the most recent date will be taken).
6.9. If the Good is returned in a condition in which it can no longer be sold as new (open packaging, missing accessories, the Good is damaged), we reserve the right to request a fee for returning the Good to its initial state, as the case may be, or for to cover the price difference resulting from the sale of the product as resealed or, at the Buyer’s request, we will resend the Good, the delivery costs being borne by the Buyer.
Decreasing the value of returned Goods
Since, in the case of distance sales, the Buyer does not have the opportunity to check the Goods before concluding the contract, he has the right to withdraw from the contract. For the same reason, the Buyer is allowed to test and verify the Goods it has purchased to the extent necessary to establish the nature, characteristics and operation of the Goods.
In order to determine the nature, characteristics and operation of the Goods, the Buyer must handle and inspect them in the same manner as he would be permitted to do in an actual physical store. For example: The buyer only needs to try on an article of clothing, not wear it on various occasions.

The Buyer is only responsible for the diminution in value of the Goods resulting from manipulations other than those necessary to determine the nature, qualities and functioning of the Goods.
If the Buyer exercises the right of withdrawal after having used the Goods to an extent that exceeds the limit necessary to establish their nature, characteristics and mode of operation, the Buyer is responsible for any decrease in the value of the Goods.
The accessories (user manuals, CDs, cables, etc.) in the Good’s box as well as its original packaging are an integral part of the Good. As a result, we recommend the Buyer, when exercising the right of withdrawal from the contract, to return it in the original undamaged packaging, protected by wrapping with stretch plastic packaging film or packed in a cardboard box (without labels stuck on it, without cuts, tears, etc. ) and together with all its accessories.
Returned goods that show signs of wear (stains, scratches, bends, cracks, bumps, etc.) are accepted for return only after bringing them into compliance, involving the costs of sanitizing, beautifying, repairing, replacing any damaged parts and bringing them to a commercial form for sale as a Refurbished / Resealed product. The final value is determined by the value of the parts to be replaced and the reconditioning labor or as the difference between the initial value of the new product and the resale value of the used product.
Any decrease in the value of the Goods resulting from their handling other than those necessary to determine the nature, qualities and functioning of the Goods is the Buyer’s responsibility. For clarity, from the total price of the returned Good, the Seller will retain a sum of money representing the decrease in the value of the Good in a proportion of 5%-50% of the initial value of the Good, as the case may be. The counter value of the reduction fee will be communicated to the Buyer upon receipt of the returned Goods.
6.10. If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and will return to the Buyer’s account the equivalent value of the Good and/or Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.
6.11. The availability of a Good will be displayed on the Site as follows:
• “in stock” – we have more than 3 pieces in eMAG stock
• “limited stock” – we have less than 3 pieces in eMAG stock
• “in supplier stock” – The good is not available in eMAG’s stock. If you register an Order for a Good that has “supplier in stock” on its right, one of our sales consultants will contact you as soon as possible to inform you of the availability of the Good.
• “to order” – The good is not available in the eMAG stock and for the moment we have no information about its availability in the supplier’s stock. But, if you register an Order for a Good that has “on order” in its right, one of our sales consultants will check the availability of the product in the supplier’s stock and will contact you to inform you of the availability of the Good.
• “pre-order” – The good is not available in the eMAG stock nor in the supplier’s stock. But, if you register an order for a Good that has “pre-order” in its right, one of our sales consultants will check the supply period of the supplier and will contact you to inform you of the availability of the Good.
• “out of stock” – The item is no longer available in the eMAG stock
• “currently unavailable” – currently we cannot purchase the Good because it is not in the supplier’s stock.
6.12. Placing an order through the payment methods “Pay over 30 days” and “Pay in 4 installments”
6.12.1 The payment methods “Pay over 30 days” and “Pay in 4 installments” are available to Buyers on the website www.emag.ro, m.emag.ro or in the eMAG application and will be displayed only to eligible Orders and Buyers;
6.12.2 To be able to place the order with this payment method, the Buyer must choose to pay with a bank card already saved in the customer account accessible for Pay by click payment, bank card issued in the name of the Buyer (owner of the customer account ), whose expiration date should be after the month of full payment of the order made using this payment method.

6.12.3 The buyer will not have the option to delete the card saved in the Account and selected when placing the order with the “Pay over 30 days” and “Pay over in 4 installments” payment methods until the respective Order is paid.
6.12.4 The payment methods assume payment at the due date communicated by PayU, by automatic debiting of the card selected when placing the Order. Information about these two payment methods can be found in the PayU terms and conditions as well as in the credit agreement, displayed documents displayed when selecting any of the two payment methods.
6.12.5 Eligible Goods categories exclude Goods from the following categories: Jewellery, drones and accessories, gift card, assembly service, licences, prepay cards, recharge-prepay-cards-online, insurances, Console & PC Games, Software.
7. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED
7.1. The following are excluded from the right of withdrawal from the Contract:
7.1.1. service contracts, after the full performance of the services, if the performance has begun with the express prior consent of the Buyer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal after the full performance of the Contract by the Seller;
7.1.2. the provision of Goods and/or services whose price depends on fluctuations on the financial market that the Seller cannot control and that may occur during the withdrawal period;
7.1.3. the supply of Goods made according to the specifications presented by the Buyer or clearly customized;
7.1.4. supply of Goods that are likely to deteriorate or expire quickly;
7.1.5. the supply of sealed Goods that cannot be returned for health protection or hygiene reasons and that have been unsealed by the Buyer;
7.1.6. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other elements;
7.1.7. the supply of alcoholic beverages whose price was agreed upon at the time of the conclusion of the Contract, whose delivery cannot be made before 30 (thirty) days and whose real value depends on market fluctuations that the Seller cannot control;
7.1.8. contracts in which the Buyer has specifically requested the Seller to move to his home to carry out urgent repair or maintenance work. If, on the occasion of such a visit, the Seller provides services other than those expressly requested by the Buyer or provides Goods other than the spare parts indispensable for the execution of maintenance or repair work, the right of withdrawal applies to those additional Services or Goods ;
7.1.9. providing sealed audio or video recordings or sealed computer programs that have been unsealed after delivery;
7.1.10. the supply of newspapers, periodicals and magazines, except for subscription contracts for the supply of such publications;
7.1.11. the provision of digital content that is not delivered on a physical medium, if the provision has begun with the express prior consent of the Buyer and after he has confirmed that he has become aware of the fact that he will lose his right of withdrawal.
8. CONFIDENTIALITY
8.1. eMAG will maintain the confidentiality of any information you provide. The disclosure of the information provided will only be possible under the conditions mentioned in this Document.
8.2. No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.
8.3. By submitting information or materials through this site, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that the Seller may freely use, in his own interest, this information, ideas, concepts, know-how or techniques that you have sent to us through the Site. eMAG 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.

9. COMMERCIAL COMMUNICATIONS
9.1. The Buyer/User/Client can at any time change their option regarding the consent given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions, as follows:
9.1.2. by changing the settings in the Account in the “My subscriptions” section;
9.1.3. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
9.1.4. by contacting the Seller.
9.2. By adding Goods or Services in the Account section:
“My basket”, the Seller will send the Buyer/User Commercial Communications regarding:
• – when changing the price of the Goods or Services added in the “My basket” section,
• – for recommendations of Goods or Services similar to those added in the “My basket” section,
• – to the existence of the Goods or Services in the “My basket” section, and
• – stock availability of Goods or Services added in the “My basket” section.
“Favorites”, the Seller will send the Buyer/User Commercial Communications regarding:
• – when changing the price of the Goods or Services added in the “Favorites” section,
• – to recommendations of Goods or Services similar to those added in the “Favorites” section, and
• – stock availability or Goods Services added in the “Favorites” section.
9.3. Following the purchase of a Good or Service, the Seller will send the Buyer/User Commercial Communications regarding:
• – suggestions of Goods or Services recommended to be used together with the purchased Good or Service.
9.4. The Client/User can unsubscribe, at any time, from the Commercial Communications mentioned in point 9.3. above by accessing the unsubscribe link displayed in the commercial messages received from eMAG or by contacting eMAG in this regard.
9.5. Also, to improve the offer of Goods and Services and the buying experience, we will use your data to carry out market research and opinion polls. The information obtained from these market researches and opinion polls will not be used for advertising purposes, but only for those mentioned above. Your answers to market research and opinion polls will not be associated with your identity and will not be transmitted to third parties or published. You can object to the use of data for market research and opinion polling purposes at any time, by accessing the unsubscribe link displayed in the message or by contacting eMAG.
10. BILLING – PAYMENT
10.1. The prices of the Goods and Services displayed on the website www.emag.ro include VAT. according to law.
10.2. The price, payment method and payment term are specified in each Order. The Seller will issue an invoice to the Buyer for the Goods and Services delivered, the Buyer’s obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
10.3. The Seller will send the Buyer the invoice related to the Order containing Goods and/or Services sold by eMAG, with the exception of Goods and/or Services sold by eMAG Marketplace partners, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Account To the Buyer or by e-mail, to the e-mail address mentioned by the Buyer in his Account.
10.4. For a correct communication of the invoice related to the Order, the Buyer has the obligation to update his Account data as often as necessary and to access the information and documents related to each Order, existing in the Account.
10.5. Through this method of communication, the Buyer, accessing his Account, will have a record of the invoices issued by eMAG, being able to save and archive them at any time and in any way he wishes.
10.6. By sending the Order, the Buyer expresses his agreement to receive the invoices in electronic format by adding them to the Account by eMAG or via electronic mail, to the e-mail address mentioned in his Account.

10.7. If this information is unavailable for more than 48 (forty-eight) hours in the Account, please notify us of this issue at the email address: info@emag.ro.
10.8. Payment by PaybyClick is a fast way to pay online with the card, which consists in making the payment with a single click by using the Token related to the card, without the need to enter the details related to the payment card for each Transaction.
10.9. The 1-click payment option can be activated by the User or Buyer, in front of eMag, the entity that provides the service in the field of registration and storage of the user’s payment card data:
1. a) at any time from the Account:
• – The Customer/Buyer accesses his Account->section “My cards”->chooses the option “Add card”-> is directed to the payment page of the payment processor where he enters the card data to make a transaction of 1 leu required to validate the card . After validating the card by the issuing bank, the “Payment with 1 click” option is automatically activated and the token related to the registered bank card is issued. From this moment, the User/Buyer can benefit from the “Pay with 1 click” option using the token related to the card saved for payment of Orders.
For the avoidance of any doubt, the amount of 1 leu will not be debited from the User’s/Buyer’s account, being only temporarily blocked by the bank issuing the card in order to validate the entered card data.
1. b) at the time of placing an Order.
• – The Customer/Buyer places the Order and chooses the credit or debit card payment method, activates the “Pay with 1 click” option, is redirected to the payment processor’s page, enters the card data and pays, respectively completes the Order. After confirming the payment, the saved card is available for future payments using the token related to the saved card.
1. c) after placing an Order on the Site.
• – The Customer/Buyer places the Order and chooses the credit or debit card payment method, but does not activate the 1-click payment when placing the Order. After confirming the payment, the Customer/Buyer will have the opportunity to save the card used to pay the Order by activating the “Pay with 1 click” option. The card thus saved is available for future payments using the token related to the saved card.
Thus, upon activation of the “1-click payment” option on the Site, the payment card data entered by the User/Buyer will be assigned a Token, which can be used later to perform Transactions. After activating the “1-click payment” payment option, the Buyer will be able to pay for the following orders (“1-click payment”), without having to re-enter the already saved payment card data. By entering the card data, the User/Buyer confirms that he was previously informed and accepted the terms and conditions of use of the “1-click payment” service.
10.10 The payment card data of the User/Buyer will not be accessible by eMAG nor will it be stored by eMAG, but by the payment processor integrated in the Site, an entity authorized to provide card identification data storage services, about whose identity the User/Buyer will be informed of, prior to entering the data.
eMAG provides the service in the field of registration and storage of the user’s payment card data through the entity authorized to provide card data storage services, PayU SA, a company established and operating under Polish law, registered in the Register of Enterprises held by the Poznań Court -Nowe Miasto I Wilda w Poznaniu, under registration number 0000274399, having its registered office located at 186 Grunwaldzka, 60-166 Poznan, Poland.
The personal data contained in the tokenization database will be processed in accordance with the provisions of the applicable legislation, in particular Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of this data, which repeals Directive 95/46/EC (hereinafter referred to as “GDPR”). eMAG, as the operator of the personal data contained in the tokenization database, entrusts PayU with the processing of the above-mentioned data, for the purpose of providing the tokenization services.

10.11. Payment through the eMAG client account is a fast way to pay online with the card, which consists of making the payment on other sites where you are logged in through the eMAG client account, using the card Token saved in your eMAG client account, without to still need to enter payment card details for each Transaction or another bank card.
10.12. The option for payment through the eMAG customer account can be selected by the User or the Buyer.
10.11. In certain cases, 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.
10.12. For transaction security reasons, the User/Buyer is advised not to stay logged in on the Site and not to set the automatic login option on mobile devices. Disclosure of the account access password is not allowed and it is recommended to use a password with a strong security character (eg: to contain at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).
10.13. The Client/User/Buyer can enter the data of several payment cards they own, for which the PaybyClick payment option can be activated, being associated with one Token for each payment card. Also, the User/Buyer can delete any Token at any time, thus deactivating the PaybyClick service.
10.14 Payment by “Pay in 15 days” is a payment method by which the Seller offers the Buyer the possibility to place orders within the limit of the maximum ceiling communicated when making the payment, by debiting the selected bank card, within 15 days from the estimated delivery date of the last Good in the Order;
11. DELIVERY OF GOODS
11.1. The delivery conditions of the Goods and Services sold by eMAG can be found in the Order Delivery section.
11.2. The delivery conditions of the Goods and Services sold by eMAG Marketplace partners in the eMAG Marketplace section.
11.2. The seller will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents.
11.3. The seller will deliver the Goods and Services only on the territory of Romania.
12. WARRANTIES
12.1. All Goods sold by eMAG, with the exception of resealed Goods, benefit from warranty conditions in accordance with the legislation in force and the manufacturers’ commercial policies. The goods are new (except resealed goods), in the original packaging and come from sources authorized by each individual manufacturer.
12.2. In the case of Goods sold and delivered by eMAG, the warranty certificates are either issued directly by the manufacturer, if he has a national service network, or are issued by S.C. Depanero S.R.L., eMAG service partner. In the case of the guarantee certificates issued by S.C. Depanero S.R.L., we offer you the “Pick-up & Return” service, which involves taking over and delivering the Goods free of charge.
12.3. In the case of Goods sold and delivered by eMAG through Marketplace partners, the Buyer will receive a warranty certificate with all the details of the service center that provides repairs during the warranty period for each Good that benefits from the guarantee. The guarantee of Goods purchased through eMAG from Marketplace partners is provided by the authorized service mentioned on the guarantee certificate related to the Good or by the Seller.

12.4. For the Goods in the Order that benefit from a guarantee based on the guarantee certificates issued by S.C. Depanero S.R.L., eMAG service partner, eMAG will send the Buyer these warranty certificates exclusively in electronic format, by adding the warranty certificate related to the Good in the Buyer’s Account or by electronic mail, to the e-mail address mentioned by the Buyer in his Account.
12.5. For a correct communication of the guarantee certificate related to the Good in the Order, the Buyer is obliged to update his Account data whenever necessary and to access the information and documents related to each Order, existing in the Account.
Through this method of communication, the Buyer, accessing his Account on www.emag.ro, will have a record of the warranty certificates issued by eMAG, being able to save and archive them at any time and in any way he wishes. .
In the event that this information is unavailable for 48 (forty-eight) hours in the customer’s account, please notify us of this aspect at the email address: info@emag.ro.
12.6. In the case of warranty certificates issued by manufacturers, we offer you the “Pick-up & Return” service, which involves taking over and delivering the Goods free of charge. You can always choose to go directly to the nearest service center mentioned in the certificate. This center authorized by the manufacturer will take full responsibility for resolving the warranty.
The lack of the warranty certificate of the Good must be reported within a maximum of 48 (forty-eight) hours from the receipt of the Good to the address info@emag.ro. Any subsequent notification will not be taken into account.
12.7. In the case of resealed Goods, the warranty certificate is issued by eMAG, and the warranty may cover a different period compared to the warranty period of the same new, sealed Good. The warranty period is specified in the warranty certificate for each resealed Good separately. The conditions of use, handling and transportation of a resealed Good are the same as those of sealed products and they benefit from the same services if not stipulated otherwise on the product page.
13. TRANSFER OF OWNERSHIP OF GOODS
13.1. Ownership of the Goods will be transferred upon delivery, after payment has been made by the Buyer at the location indicated in the Order (understood by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the Seller’s staff) .
14. LIABILITY
14.1. The Seller cannot be responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller’s performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for their loss.
14.2. 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 Account.
14.3. By creating the Account and/or using the Content and/or placing the Orders, the Client/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated within the Site, existing on the date the Account was created and/or the use of the content and/or the date of placing the Order.
14.4. The Seller reserves the right to periodically update and modify the Terms and Conditions of the Site to reflect any changes in the manner and conditions of operation of the Site or any changes in legal requirements. The document is opposable to Clients / Users / Buyers from the moment it is displayed on the Site. In case of any such modification, we will display the modified version of the Document on the Site, which is why we ask you to periodically check the content of this Document.