Terms and Conditions

Article 1 – PURPOSE

The general terms and conditions of sale will apply to all sales of goods and services by TEX ACCES MCV SRL, through the virtual stores: www.bustieremedicale.ro, www.maamgarments.ro, www.maamgarments.com to the Buyer and may be modified only with the express written agreement of both parties.

In this document, the following terms will mean:

• Buyer: person, company, or other legal entity issuing an Order.

• Seller: TEX ACCES MCV SRL, REG. No.: J23/3213/2018, VAT: RO16649455, Address: STR. MĂRĂCINENI, NR.22D, GROUND FLOOR, CITY BRAGADIRU, County: ILFOV, Country: ROMANIA; Trade name of the product is MAAM.

• Goods and Services: any product or service listed on the website, including products and services mentioned in the Order, which are to be supplied by the Seller to the Buyer as a result of the Contract.

• Order: an electronic document that serves as a form of communication between the Seller and the Buyer, by which the Seller agrees to deliver the Goods and Services and the Buyer agrees to receive these Goods and Services and make payment for them.

• Contract: Order confirmed by the Seller by issuing the invoice. The contract is concluded at the moment of issuing the invoice and not at the time of placing the order or issuing the confirmation of receipt of this order.

• Intellectual property rights (hereinafter IPR): all material rights such as know-how, copyright, and in-kind author rights, database rights, design rights, model rights, patents, registered trademarks, and domain name registrations for any of the above.

• Specifications: all specifications and/or descriptions of the Goods and Services as stated in the order.

Article 2 - CONTRACTUAL DOCUMENTS

By placing an electronic or telephone order on any of the websites: www.bustieremedicale.ro, www.maamgarments.ro, www.maamgarments.com, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its operations. The order will consist of the following documents, in order of importance:

• Order (together with clear indications of delivery and billing data)

• Buyer's specifications (where applicable)

• General Terms and Conditions of Sale (TCGS)

If the Seller confirms the order, this will imply a full acceptance of the terms of the Order. The acceptance of the order by the Seller is considered completed when there is a verbal (telephone) or electronic (e-mail) confirmation from the Seller to the Buyer, without requiring confirmation of receipt from the latter. The Seller does not consider an unconfirmed order as having the value of a Contract at any time.

Article 3 – VALIDITY

This Contract shall come into effect upon the issuance of the invoice by the Seller. The information about the issuance of the invoice shall be made by telephone or electronically (e-mail) and the invoice shall be communicated to the buyer at the time of shipment of the product. The general terms and conditions of sale shall be the basis of the Contract thus concluded.

Article 4 - EXTENSION OF SELLER'S OBLIGATIONS

The Seller will use its professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods and Services that meet the requirements, needs and specifications of the Buyer;

The information presented on the seller's websites is informative and may be documented or modified by the Seller. Also, for reasons related to space and coherence of the information structure, product descriptions may be incomplete, but the seller makes efforts to present the most relevant information, so that the product can be used within the parameters for which it was acquired;

Communication with the store - can be made through interaction with it, posting opinions about products or communication through addresses mentioned in the contact section. Opinions or addresses that contain insults or inappropriate language will be excluded from the site or ignored. The Seller has the freedom to manage the information received, without being obliged to justify this.

Article 5 - CESSION AND SUBCONTRACTING

The Seller may cede and/or subcontract a third party for services related to the execution of the order, with the information of the Buyer, without requiring his agreement. The Seller will always be responsible to the Buyer for all contractual obligations.

Article 6 - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS (IPR)

The Buyer understands the intellectual property rights and will not disclose to a third party or make public (on the internet or media), any of the information received from the Seller. Also, the names of the websites as well as graphic symbols are registered trademarks owned by TEX ACCESS MCV SRL and cannot be taken, copied or used without the written consent of the owner.

Article 7 - CONFIDENTIALITY – ADVERTISING

All plans, documents and information of any nature provided by the Buyer to the Seller, including without limiting the order, will remain the property of the Seller. They can be used only for the execution of the contract. No public statement, promotion, press release or any other mode of disclosure to third parties shall be made by the Buyer regarding the order without the prior written consent of the Seller.

Article 8 - BILLING – PAYMENTS

The price, payment method and payment term are specified in the 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 necessary information for the issuance of the invoice in accordance with the legislation in force.

Payment Method

To pay for the products and associated shipping and delivery costs, you can use one of the methods indicated in the Order Form on the website and which are summarized below.

8.1 Credit/debit cards

8.1.1 For orders on our website, we accept payments with credit and debit cards without adding any fees to the product. You must have a valid credit card at the time of the online order for the products purchased online.

8.1.2 At the time of the online purchase, simultaneously with the confirmation of the order, the reference bank will deduct the amount of the order from the available credit on your credit card. The amount will be debited to your credit card at the time of placing the order.

8.2 Cash on Delivery

8.2.1 Payment will be made at the time of delivery by the courier, upon receipt of the package by the Buyer, according to the invoice.

Article 9 - RISKS AND RESPONSIBILITIES

Delivery

The Seller undertakes to ship the Goods and Services by courier to the Buyer, at the address indicated in the order; the parties can agree on another mode of shipment, under special conditions, at the written request of the Buyer at comenzi@bustieremedicale.ro, approved by both parties.

Detailed information on delivery is available in the "Delivery Policy" section.

Transportation – Packaging

Unless agreed otherwise by the seller and buyer, the seller shall be exempt from risks and responsibilities associated with the goods and services upon their delivery to the domestic courier company with which the seller collaborates. The seller shall ensure proper packaging of the goods and services and shall ensure the transmission of accompanying documents on a durable medium (printed). The seller shall make delivery of the goods and services on the territory of Romania.

Article 10 - ACCEPTANCE AND RIGHT TO WITHDRAW

Acceptance shall be made when the goods and services are in accordance with the characteristics and specifications mentioned in the order. The products must be checked by the customer at the time of delivery to ensure that they correspond to the items ordered and that they do not present any defects or non-compliance. If the buyer discovers that the delivered products or services are not in accordance with specifications, then the seller shall bring the products into compliance within a maximum period equal to the execution period of the order, without charging the buyer for any costs related to these operations. Also, the seller shall comply with the provisions of O.U.G. 34/2014 and shall apply the return policy. The seller has the right, when considering that the buyer's actions were with bad intent, to request damages from the buyer, under the terms of the legislation.

More information on product returns can be found in the "Product Return Policy" section.

Article 11 - EXCESS GOODS

Any goods delivered in excess of the quantity provided for in the order may be rejected by the buyer within 7 calendar days from delivery.

Article 12 - WARRANTIES for non-conforming products

In addition to any other warranties provided by applicable laws and detailed in the Warranty Certificate issued by the seller, they guarantee the buyer against any non-conformity that may affect the entire or part of the goods, except for normal wear and tear, for a period of 6 months from the date of the sales invoice.

Article 13 - TRANSFER OF PROPERTY

The property of the goods and services shall be transferred at the time of payment by the buyer in the location indicated in the order (understanding by delivery - signing of the receipt of the transport document provided by the courier or signing of the receipt on the fiscal invoice in the case of deliveries made by the seller's personnel).

In the case of delivery by courier, the courier is not authorized by the seller to allow the buyer to open the packages before signing for delivery, but only afterwards, and after the payment of any applicable value. The seller cannot be held responsible for the contents of the packages sent, unless there is a document signed by the buyer and the courier representative who made the delivery.

Article 14 - COMPLIANCE WITH LAWS AND STANDARDS

The seller shall comply with all laws, regulations and ordinances applicable to its contractual performance, including without limitation to the manufacturing, assembly, handling, transportation, storage, packaging or delivery of the goods and services and applicable to health, safety, and environment.

Article 15 – LIABILITY

The seller cannot be liable for any 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 the loss of products.

Promotions are valid while stock lasts.

The seller shall be liable in case the sub-contractors and/or any other partners involved in the execution of the order do not fulfill any of their contractual obligations.

TEX ACCES MCV S.R.L., does not guarantee that all items included in the virtual stores: www.bustieremedicale.ro, www.maamgarments.ro, www.maamgarments.com are in stock at the time of your order. In case an item is unavailable, TEX ACCES MCV S.R.L., will contact you shortly by phone or email.

TEX ACCES MCV S.R.L., cannot promise that the website's content is free of inaccuracies or typographical errors. Nor can we guarantee that all information is up-to-date. TEX ACCES MCV S.R.L., may, at any time, modify the website's content. Although TEX ACCES MCV S.R.L., strives to display correct texts, images and prices on the website and web store, errors may occur. If you were charged a wrong amount in the web store, TEX ACCES MCV S.R.L., will offer you the option to place a new order with the correct price or to cancel your order. However, TEX ACCES MCV S.R.L reserves the right to cancel any order prior to shipping if we find that the price is incorrect. In such a case, we will notify you by e-mail. If we cannot contact you, your order will be automatically canceled.

Some of the services mediated through the website are maintained by external organizations. In situations where TEX ACCES MCV S.R.L., acts as an agent for such services, we cannot be held responsible for any errors resulting from their activities.

Article 16 - DISPROPORTIONATE PRICE OR ERRONEOUS CHARACTERISTICS

The seller makes all efforts to provide correct information about the price and characteristics of the products. It is possible that some prices and/or characteristics may be incorrect. In the case of registering an order with a disproportionate price, the seller has the right to cancel the buyer's order. In the case of registering an order for a product with erroneous characteristics, the seller will make all efforts to deliver to the buyer a product with characteristics as close as possible to those presented on the website at the time of placing the order. If the buyer does not agree with the seller's proposals, the seller has the right to cancel the buyer's order.

Article 17 - BREACH – TERMINATION

If the seller does not perform its obligations, including during the warranty period, the buyer shall notify the seller of this non-performance. An action plan will be validated between the Parties within 3 days of notification. The buyer can cancel an Order by e-mail, before it has been delivered.

Article 18 - PROCESSING OF PERSONAL DATA

Please refer to the Privacy Policy regarding the processing of personal data, which is part of this Document.

Article 19 - USE OF COOKIES

See the Cookies Policy, which is part of this Document.

Article 20 - FORCE MAJEURE

Neither party shall be liable for the non-performance of its contractual obligations, if such non-performance is due to a force majeure event. Force majeure is an unforeseeable event, beyond the control of the parties and which cannot be avoided.

Article 21 - APPLICABLE LAW – JURISDICTION

This contract is subject to Romanian law. Any disputes arising from the interpretation and execution of this contract will be settled amicably, and in the event that an agreement is not reached on this route, the competent courts of the Seller's registered office will be appealed to.

Article 22 – MISCELLANEOUS

If one or more provisions are in conflict with any applicable legal requirement, the provisions shall not be applied and the Parties shall strive to agree on new provisions that respect the spirit of the initial provisions. The Parties to the contract shall be considered independent contractors and neither party shall be granted the right or authority to assume or create any obligation on behalf or to the detriment of the other. The terms and conditions of this contract replace any prior written or verbal agreements between the Parties referred to in the subject matter of this Contract and cannot be modified or changed except by written agreement signed by both parties.

For placing an order, minors must have the consent of legal representatives.

TEX ACCES MCV S.R.L. reserves the right to refuse collaboration with clients who manifest inappropriate behavior and language in writing or verbally (aggressive, licentious etc.), have in their order history deliveries refused, abuse the right of return in 14 days.