Terms & Conditions

PURCHASING PRODUCTS ONLINE

This site is operated by VITICOLA SA SRL

VITICOLA SA SRL . is a Romanian legal entity, with its registered office in Constanta County, Cogealac, Garii Street no. 1, Constanta County RO, with the fiscal registration code RO2428926, registered with the Trade Register Office under no. :J13/2877/1992 tel:0746 472 244, hereinafter referred to as “cramahistria.ro”

Any person who accesses the website www.cramahistria.ro and registers validly, communicating all the necessary data to CRAMAHISTRIA.ro, will hereinafter be referred to as "User".

Any user who has submitted and completed an order regarding one of the products offered for sale on the website www.cramahistria.ro will hereinafter be referred to as "Client".

By accessing the website www.cramahistria.ro, all users expressly agree to comply with the terms and conditions presented below, as well as the applicable legislation in the field, including the terms and conditions of the privacy policy, which are detailed separately in the sections presented on the website.

Art. 1. DEFINITIONS

1.1. For the avoidance of doubt, for the purposes of this Agreement, the following terms have the definitions given below:

1.2. The Site represents the domain www.e-vinuri.ro as well as its subdomains.

1.3. Service – provided by VITICOLA SA SRL . through the online platform that can be accessed at www.CRAMAHISTRIA.RO – the e-commerce service conducted exclusively on the publicly available portions of the site, in the sense of granting the User/Client the possibility to contract products and/or services using exclusively electronic means, including other means of distance communication but not limited to these (including by telephone).

1.4. The order represents the electronic document, generated as a result of accessing the website www.e-vinuri.ro by a User who has accepted the terms and conditions of use presented on the website.

1.5. By placing an order on the site, the User agrees, firmly and expressly, with the form of communication (telephone or e-mail) through which CRAMAHISTRIA.ro carries out its operations, not being able to subsequently invoke any circumstances/states of fact likely to modify these forms of communication.

1.6. Products – any product uploaded on the page corresponding to the web address www.cramahistria.ro, with the mention that, in certain situations, there may be possible, insignificant differences, which are not capable of modifying the essential, basic characteristics of the product.

1.7. The Contract – represents an Order previously confirmed by the representatives of cramahistria.ro, through which the delivery of the product or products ordered by the Customer is accepted in compliance with the provisions imposed by GEO 34/2014 regarding the product supply contract concluded between a trader and a consumer, within a sales system organized by the trader, who exclusively uses, before and upon conclusion of this contract, one or more distance communication techniques.

1.8. The date of entry into force of the contract - is the date of confirmation of the Order by the representatives of CRAMAHISTRIA.ro, the date on which the contract is considered legally concluded, with all the legal consequences deriving from this state of affairs.

1.9. Specifications – all specifications regarding the products uploaded to the site, as they were made available by the manufacturer. In the event that, between the specifications made available by the manufacturer (ingredients, image, labels or packaging, the list being exemplary and not limiting) differences appear as a result of changes imposed by the manufacturer, or other differences caused exclusively by the manufacturer, CRAMAHISTRIA.ro does not assume responsibility regarding the image of the products presented on the site www.cramahistria.ro, or the differences (ingredients, image, labels or packaging, the list being exemplary and not limiting) caused exclusively by the manufacturer, the client cannot invoke against CRAMAHISTRIA aspects or other states of fact that could attract liability of the undersigned, regardless of its nature.

1.10. These general terms and conditions of sale shall form the basis of the Distance Selling Contract and shall be subject to the provisions of GEO 34/2014, as well as any other relevant regulations in force on the date of conclusion and performance of the contract. To the extent that there are regulations governing the same factual situation, regulations that are contradictory, the regulation with a more favorable character towards the party at fault shall apply.

Art. 2. GENERAL CONDITIONS

2.1. Through this document we inform you of the regulations regarding the terms and conditions of use of the CRAMAHISTRIA.RO website.

2.2. The use of the website www.CRAMAHISTRIA.RO (navigation, access, purchase of products from this website, processing of personal data, etc.) implies the guarantee from the client that he has reached the age of 18, so that he benefits from the legal rights to validate an order and that he agrees with the terms and conditions set out in the content. Thus, the one who has reached the age of 18 benefits from all the contractual rights and obligations, arising from the legal relationship generated by the launch of the order, respectively its confirmation.

2.3. The administrator of the website www.CRAMAHISTRIA.RO reserves the right to modify the content of this agreement at any time without prior notice.

2.4. By using the site/content/, the User or Client is solely responsible for all activities arising from its use. He is also liable for any material, moral, intellectual or electronic damages or any other nature caused to the site or the content belonging to it. VITICOLA SA SRL ., in accordance with Romanian legislation in force.

2.5. The Buyer/Client cannot revoke the agreement expressed in favor of the conditions present in the content of the website www.CRAMAHISTRIA.RO during the period of a contract or until the moment when he/she does not pay the equivalent of all unfulfilled contracts to the VITICOLA SA SRL Exception is the agreement regarding the processing of personal data, but such a possible revocation has no consequence on previous contractual relationships, already born, based on which payment obligations have validly arisen, but not honored, these will be paid in full, regardless of the client's option regarding the processing of his personal data, this option producing effects only for the future and not for previously born situations.

2.6. If the User/Client has paid the equivalent of all unfulfilled contracts with VITICOLA SA SRL . and maintains its intention to revoke the agreement expressed in favor of the conditions present in the content of the site: www.CRAMAHISTRIA.RO during the execution of an order, VITICOLA SA SRL . shall cancel the User/Client's product request without any further obligation of either party to the other or without either party being able to claim damages from the other.

Art. 3. OBJECT OF THE CONTRACT.

3.1. The subject of the Contract is the sale of the product/products ordered on the site by the Client and confirmed for delivery by the representatives of CRAMAHISTRIA.RO. The following must be included in the order: the selling price of the ordered product/products, the payment method, and the payment term. However, the absence of any such element does not deprive the valid contractual relationship born by the launch, respectively the confirmation of the order, of legal effects, to the extent that this contractual relationship can be easily and reasonably verified, as well as its legal consequences.

3.2. Ownership of the products will be transferred at the time of payment by the Customer at the location indicated in the order (even if the customer is not personally present at that location, payment being made by another person, but at the location indicated by the customer and for the products ordered by him), understanding delivery as signing the receipt of the transport document provided by the courier or signing the receipt on the tax invoice in the case of deliveries made by CRAMAHISTRIA.RO staff.

Art.4. SALES PRICE. PAYMENT METHODS

4.1. The selling price of the products is the one displayed on the site. The displayed price includes VAT, as well as any other applicable tax (except for the delivery costs of the product/products). The selling price may be modified by CRAMAHISTRIA.RO at any time without prior notice. Also, depending on the volume of the order, its price, the product ordered or the degree of customer loyalty, the final price of the products may be negotiated, regardless of the value displayed on the site. CRAMAHISTRIA.RO reserves the exclusive right to unilaterally refuse a negotiation to the extent that it would be detrimental to the company's economic activity or there is a risk that such a negotiation would create future disadvantages for the company, regardless of their nature. Following negotiation, the resulting price cannot be higher than that displayed on the site, except in justified cases such as ordering certain products or certain quantities of products, with a certain delivery time requested by the customer but which would generate additional effort for the supplier compared to the normal one generated by a usual order.

4.2. Upon confirmation of the order, CRAMAHISTRIA.RO will issue an invoice for the products to be delivered, the User being obliged to provide all the information necessary for issuing the invoice in accordance with the legislation in force, assuming full responsibility for their accuracy and correctness.

4.3. CRAMAHISTRIA.RO undertakes to honor, under reasonable conditions, all orders received, without discrimination among customers. However, CRAMAHISTRIA.RO reserves the right to unilaterally refuse, on a justified basis, to honor certain orders to the extent that it considers, based on real and objective circumstances, that the provision of the ordered products to certain persons either violates the rules in force, or would not be appropriate to make the delivery (for example, the order is made by a person who has previously ordered products but either did not honor their payment, or honored it late, or honored it partially, in a totally unjustified manner, etc.), or by establishing such a commercial relationship, the company would suffer damage, regardless of its nature. In these cases, the undersigned is not liable for the non-honoring of the order and the customer/user will not be charged any cost.

4.4. Also, CRAMAHISTRIA.RO reserves the right to refuse to honor an order/to cancel it unilaterally to the extent that it was placed by a person who manifested towards the subscriber an attitude that does not comply with the regulations in force or adopted towards him a hostile, harassing attitude/conduct, with obvious bad faith or unjustified. CRAMAHISTRIA.RO reserves the right to refuse to honor an order/to cancel it unilaterally to the extent that, based on objective elements, it can be concluded that there are premises for adopting such conduct towards the subscriber.

4.5. Alcoholic beverages can only be purchased by persons who have reached the age of 18. The delivery of the order may be canceled at any time to the extent that it is detected, by any means, between the time the order is placed and its actual delivery, that the person placing the order is a minor or there are other impediments or indications that may affect their discernment or capacity to exercise.

4.6. The payment methods are:

– Cash payment – ​​in lei, in full, upon delivery or upon collection of the products from the CRAMAHISTRIA.RO store located at Garii Street No. 1, Constanta County, COGEALAC City. In the case of delivery of the product by a courier company, payment will be made to the delegated courier, respectively the courier company, based on the receipt as proof of payment. Making the payment by the customer represents the acceptance of the conformity of the product/products delivered.

Payment by bank card – secure processing via mobilpay , 0% commission, directly on the site. The order can be canceled unilaterally, without any obligation on the part of the supplier, to the extent that the transaction is invalidated as a result of the customer's card not being accepted, in the case of online payment.

4.7. In the event that the customer places the order on the CRAMAHISTRIA.RO website, benefiting from free shipping and paying the price of the ordered products with a bank card, but provides erroneous or incomplete data, so that the ordered products will be returned to the supplier, the latter will refund the customer the price paid, from which the shipping cost will be deducted.

4.8. The promotions/offers present on the site are valid within the limit of available stock and only during the period indicated on the site, under the conditions displayed on the site.

4.9. In the event that the contract cannot be executed because the product is no longer available, CRAMAHISTRIA.RO will inform the Customer about this unavailability, on the date on which it became aware of this case. In the event that the product has already been paid for, the amounts received as payment will be reimbursed within a maximum period of 30 days, unless the parties agree otherwise.

4.10. The beneficiary of the delivered products owes CRAMAHISTRIA.RO late payment penalties in the amount of 0.5%/day of delay, calculated on the total value of the invoice, representing the total price of the delivered products, starting from the second day following delivery, to the extent that payment was not made prior to or simultaneously with the receipt of the goods.

Art. 5. DELIVERY OF PRODUCTS

5.1. Delivery of the ordered product (as well as the accompanying documents) will be made to the address indicated by the Customer, within a maximum of 14 days from the moment of collection of the product by Urgent Cargus, or any other courier company, which represents the withdrawal period from the contract concluded with CRAMAHISTRIA.RO.

5.2. The product can be picked up directly from the CRAMAHISTRIA.RO store at Garii Street No. 1, Constanta County, Cogealac City, according to the Customer's option. After the order is placed by the customer, it will be confirmed by phone by cramahistria.ro, the customer being informed of the date and time at which he can pick up the product, considering that there is a possibility that when the order is sent, it may not be found, or may only be partially in stock in the store. In the absence of the aforementioned confirmation, the customer may present himself to pick up the ordered product, but exclusively at his own risk, as there is a possibility that on the date of his presentation, without prior confirmation, the ordered product may not be available, cramahistria.ro not assuming any liability in this case.

5.3. Delivery is made only within the territory of Romania.

5.4. If the delivery deadlines cannot be met, cramahistria.ro will notify the Customer of the estimated delivery deadline.

5.5. If the Customer does not provide correct information regarding billing or delivery, cramahistria.ro may refuse delivery, without this being considered a breach of the Contract, or may establish a new delivery term, after the deficiencies have been met. Cramahistria.ro reserves the right to refuse a new delivery to the extent that the inaccurate or erroneous communication of the above-mentioned data was made intentionally and without justification.

5.6. CRAMAHISTRIA.RO does not assume responsibility for delays caused by the courier company, the responsibility being entirely its own, the undersigned guaranteeing exclusively the fulfillment of obligations relating to itself and its own employees.

5.7. To the extent that the customer is not found by the courier company at the address specified in the order, or the address specified in the order is incomplete or contains inaccuracies, of a nature that makes it impossible to deliver the order, as well as in the event that the delivery should be made in an improper location, of a nature that endangers the integrity of the courier, which makes delivery impossible, the customer is fully liable for the cost of the transport.

5.8. To the extent that the customer returns and re-requests the order, all costs related to the new shipment are his responsibility.

5.9. To the extent that the customer, after placing the order, notifies CRAMAHISTRIA.RO in any way about his intention to no longer take over the ordered product, or refuses to take over the product delivered by courier, the price not having been paid, the customer is fully liable for the entire cost of transportation or any expenses incurred by CRAMAHISTRIA.RO as a result of placing the order that was unjustifiably abandoned.

5.10. To the extent that the customer pays the value of the products but changes his mind, unjustifiably, by the time of their delivery/pick-up, canceling the order or refusing to take over the products, CRAMAHISTRIA.RO will refund the price paid, after deducting the possible cost of transportation - if it was carried out - as well as any other amount representing possible expenses borne by CRAMAHISTRIA.RO as a result of the order being placed that was unjustifiably abandoned.

Art. 6. GUARANTEES

6.1. All products sold on the site benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers, the manufacturer being solely responsible for any shortages, deficiencies, non-conformities, etc., the list being exemplary in nature, essentially including all factors directly related to the manufacturer.

6.2. The products sold by cramahistria.ro are new, in original packaging and come from sources authorized by each manufacturer.

6.3. CRAMAHISTRIA.RO may limit the ability to purchase certain products or services available on the site at a given time, to one or more Customers.

6.4. Also, any complaint regarding deficiencies of the purchased product(s) can be made directly to office@crmahistria.ro or at the cramahistria.ro headquarters within 14 days of receipt.

Art. 7. RETURN OF PRODUCTS

7.1. Depending on the nature of the products, any individual customer (consumer) has the right to notify E-vinuri in writing that he wishes to terminate the sales contract - purchase of the ordered product/products, without this giving rise to penalties and without the need to invoke any reason, provided that the termination occurs within a maximum of 14 working days from the delivery of the order.

7.2. The customer will bear the direct costs of returning the products purchased from CRAMAHISTRIA.

7.3. The return of the ordered and delivered product(s) will be made exclusively to the address at Garii Street No. 1, Constanta County, COGEALAC City, by personally handing them over by the customer buyer or by sending them, at the expense of the customer buyer, through a courier company.

7.4. The value of the products ordered, delivered by the wine cellar and subsequently returned by the purchasing client, under the above-mentioned conditions, will be refunded exclusively by bank transfer, to the personal account of the purchasing client, unless the latter authorizes a third party for the indicated purpose, through an authentic, notarial deed, which will be presented in original to the supplier.

7.5. For returned products that have damaged or incomplete packaging, signs of wear, scratches, dents, etc., the wine merchant will have the right to choose whether or not to accept the return or to reduce the amount returned, proportionally to the deficiency found upon return, meaning that, by bank transfer, the purchasing customer will be refunded exclusively this value. The withdrawal from the contract and the return of the product will be made in accordance with the instructions presented in Annex B of GEO 34/2014.

7.6. In the event of exercising the legal right to return the product, the wine merchant will reimburse its value, by bank transfer under the above-mentioned conditions, within 14 days of receiving the products, unless it is found that the returned product has deficiencies, deficiencies, damage, etc., in which case the price will be reduced proportionally, according to art.7.5.

7.7. Repeated termination of the contract, repeated return of products, without real or objective justification, may be considered abuse.

7.8. In any situation of returning products, they must be in the same condition, sealed, in the original packaging and box, with the labels intact and together with all the documents that accompanied it (invoice, tax receipt or other documents), these conditions being cumulative, the absence of one giving the supplier the right to refuse the return and refund the price.

7.9. Those products for which the producer imposes special storage conditions will NOT be accepted for return by the wine cellar, in accordance with GEO 34/2014 Art. 16 Lit. d).

7.10. The provisions of this chapter are supplemented by the provisions of OG 34/2014, in the case of purchasing products from this site using distance communication techniques.

Art. 8. LIABILITY OF THE BEVERAGE HOLDER

8.1. CRAMAHISTRIA.RO cannot be held liable for any loss of the User or the Client if this is caused by failure to comply with these terms and conditions or failure to comply with the Contract and other instructions mentioned on the site.

8.2. CRAMAHISTRIA.RO is also not responsible for damages caused as a result of the site not functioning, as well as for those resulting from the impossibility of accessing certain links accessible on the site.

8.3. CRAMAHISTRIA.RO is not responsible for damages of any kind that the User/Client or any third party may suffer as a result of CRAMAHISTRIA.RO's performance of any of its obligations under the Contract and for damages resulting from the use of the respective products after delivery and, in particular, for the loss of the products.

8.4. CRAMAHISTRIA.RO is not liable to any client/user for any requests outside of these terms and conditions, and cannot be held liable for any possible damage, material or of any other nature, which would derive, directly or indirectly, from facts or other circumstances that have not been mentioned in this section of the Terms and Conditions.

8.5. CRAMAHISTRIA.RO reserves the right to cancel the order and not to reserve the ordered products if the customer cannot be contacted by phone within 24 hours of placing the order.

Art. 9. INTELLECTUAL PROPERTY RIGHTS

All materials integrated into this site (including product descriptions, their promotion method, etc.) are the intellectual property of CRAMAHISTRIA.RO. These materials may not be copied or reproduced, except for the period during which they are needed to be viewed online. Breach of this obligation gives CRAMAHISTRIA.RO the right to claim both damages and to oblige the guilty party to immediately cease the harmful act, which disregards the intellectual property of the subscriber.

Art. 10. ABUSE OF THE SITE www.CRAMAHISTRIA.RO

10.1. Any use made in bad faith, in a manner contrary to practice in the field, regulations and legislation in force, in any other manner that may cause damage to CRAMAHISTRIA.RO, or for purposes completely other than those specific to the normal use of the site, is considered abusive use of the site.

10.2. Any attempt to access another user's personal data or to modify the content of the site or to affect the performance of the server on which the site runs will be considered an attempt to defraud the site or to cause damage to the subscriber, and the competent authorities (including criminal ones) will be notified in this regard.

Art.11. ASSIGNMENT AND SUBCONTRACTING

11.1. CRAMAHISTRIA.RO may assign and/or subcontract a third party for services related to the fulfillment of the order, with the Customer's information, and his consent is not required for the fulfillment of the order.

11.2. In case of assignment/subcontracting, CRAMAHISTRIA.RO remains liable to the Client regarding the manner in which the person to whom the contract was assigned fulfills its obligations towards the Client.

Art.12. – FORCE MAJEURE

Neither party shall be liable for the failure to perform its contractual obligations if such failure is due to a force majeure event, in accordance with the legislation in force.

Art. 13. APPLICABLE LAW. DISPUTES

13.1. The contract is subject to Romanian law. Any disputes arising between CRAMAHISTRIA.RO and the Client will be resolved amicably, meaning that the dissatisfied party will send, in advance, a notification, through a means of communication capable of proving receipt by the other party, if this is not possible, the disputes will be resolved by the competent Romanian courts.