- DEFINITIONS and TERMS
MY KITCHEN – is the trade name of S.C. INTERNA HOME STUDIO S.R.L., Romanian legal entity, with headquarters in Bucharest, 70 Blvd. Ferdinand I, ground floor, Sector 2, with Trade Register serial number: J40 / 13894/2016, and VAT no.: RO36659690, bank account opened at Banca Transilvania, Dorobanți agency, with IBAN number: RO27BTRLRONCRT0531917101.
My Kitchen Kitchens with personality ™ is a registered trademark of Interna Home Studio s.r.l. at OSIM under number M 2020 03708, registered with number 26147/2019 in the register of records of personal data processing.
Seller – MY KITCHEN.
Buyer – can be any person over the age of 16 or a commercial entity that places an Order on the Site.
My Cart – a section of the Site that allows the Buyer to purchase Goods or Services using the online store facilities hosted at the web address www.mykitchen.ro and its subdomains.
Website – online store hosted at the web address: www.mykitchen.ro and its subdomains
Showroom – the physical store is located in Bucharest, 70 Blvd. Ferdinand I, ground floor, Sector 2
Order – an electronic document that can be used as a form of communication between the Seller and the Buyer through which the Buyer transmits 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 or from the Showroom, including the products and services mentioned in the Order, which are to be provided by the Seller, the Buyer as a result of the Contract.
Contract – represents the agreement made between the Seller and the Buyer, even without the 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 electronic equipment;
- the content of any e-mail sent to the Buyer by the Seller by electronic means and / or any other available means of communication;
- any information communicated by any means by an employee / collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
- information related to the Goods and / or Services and / or tariffs charged by the Seller during a certain period;
- data regarding the Seller, or other privileged data of the Seller.
Review – a written evaluation by the owner or beneficiary of a Good or Service, an evaluation based on his personal experience and ability to make qualitative comments and to say whether or not the Good or Service meets the specifications mentioned by the manufacturer.
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 products similar or complementary to those you have purchased, information about offers or promotions as well as other commercial communications such as market research and opinion polls.
Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and / or Service by MY KITCHEN, to the Buyer, by using the services of the card processor agreed by the Seller.
Specifications – all specifications and / or descriptions of the Goods and Services as specified in their description.
Day of contract = working day
- CONTRACTUAL DOCUMENTS
2.1. By registering an Order on Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller carries out its commercial operations.
2.2. The notification received by the Buyer, after the execution of 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. The Contract conditions are considered agreed upon between the Seller and the Buyer at the time of advance payment, simultaneously with the receival by the Buyer from the Seller, by e-mail and / or SMS of the notification of dispatch of the Contract and / or Invoice.
2.4. The document and the information provided by the Seller on the Site will be the basis of the Contract, in addition to which it will be the guarantee certificate issued by the Seller or a supplier thereof for the Purchased Goods.
- ONLINE and OFFLINE SALES POLICY
3.1. Access to place an Order is permitted to any User / Buyer.
For justified reasons, MY KITCHEN reserves the right to restrict the access of the User / Buyer in order to place an Order and / or to some of the accepted payment methods, if it considers that based on the conduct or activity of the User / Buyer on the Site, his actions could in any way harm MY KITCHEN. In any of these cases, the User / Buyer may contact the Customer Relations Department of MY KITCHEN, to be informed of the reasons that led to the application of the above measures.
3.2. Communication with the Seller can be made by direct interaction, also by using the addresses mentioned in the “Contact” section of the Site. The seller is free to manage the information received without having to justify it.
3.3 In the event of an unusually high volume of traffic coming from an internet network, MY KITCHEN reserves the right to require Users / Buyers to manually enter captcha validation codes in order to protect the information on the Site.
3.4. MY KITCHEN may publish on the Site information about Goods and / or Services and / or promotions developed by it or by any other third party with which MY KITCHEN has made partnership contracts, within a certain period of time and within the limit of the available stock.
3.5. All tariffs related to the Goods and / or Services presented on the Site and/or Showroom are expressed in EURO and include VAT. Payments are made at the BNR Bank exchange rate on the day of payment plus 1%.
3.6. In the case of online payments, the Seller is not / cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, if the currency of his issuance differs from RON. The responsibility for this action lies solely with the Buyer.
3.7. All information used to describe the Goods and / or Services available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller, these being used exclusively as a presentation.
- ASSIGNMENT and SUBCONTRACTING
4.1. The Seller may assign and / or subcontract a third party for Services related to the fulfillment of the Order, with given information to the Buyer, without the need for its consent. The Seller will always be liable to the Buyer for all contractual obligations.
- INTELLECTUAL and INDUSTRIAL PROPERTY LAW
5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still images, dynamic images, text and / or multimedia content presented on the Site, are the exclusive property of MY KITCHEN, with all rights reserved for this purpose, used directly or indirectly (through licenses for use and / or publication).
5.2. Customer / 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 the original intended by MY KITCHEN, including to any Content outside the Site. The Customer / Buyer / User is not allowed to remove signs that signify the copyright of MY KITCHEN over the Content as well as to participate in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of MY KITCHEN.
5.3. Any Content to which the Customer / Buyer / User has and / or obtains access by any means, is subject to this Document, if the Content is not accompanied by a specific and valid use agreement concluded between MY KITCHEN and it, and without no implied or express warranties made by MY KITCHEN with respect to that Content.
5.4. Customer / Buyer / User may copy, transfer and / or use Content for personal or non-commercial purposes only, provided that they do not conflict with the provisions of the Document.
5.5. If MY KITCHEN grants the Customer / Buyer / User the right to use certain Content in the form described in a separate user agreement, to which the Customer / Buyer / User has or obtains access to as a result of this agreement, this right is extended only to that or those contents defined in the agreement, only for the duration of its existence and the existence of these contents on the site or within the period and conditions defined in the agreement, and only if they do not constitute a contractual commitment by MY KITCHEN for that Customer / Buyer / User or any other third party who has / obtains access to this Content transferred, by any means, and who may be or is harmed in any way as a result of this Content, during or after the expiration of the user agreement.
5.6. No Content transmitted to Customer, User or Buyer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and / or viewing constitutes a contractual obligation on the part of MY KITCHEN and / or the employee / agent MY KITCHEN who mediated the transfer of the Content, if any, to that Content.
5.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying agreement use, if any, is prohibited.
6.1. The Customer / Buyer can place Orders on the Site by making the payment in one of the ways expressly indicated. Once paid for, a Good and / or a Service is available for the client to the extent that the client follows the necessary instructions.
6.2. By completing the Order, the Buyer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the date of placing the Order.
6.3. By completing the Order, the Buyer agrees that the Seller may 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 may cancel the Order placed by the Buyer, following prior notice to the Buyer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other party in the following cases:
- 6.4.1. non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in case of online payment;
- 6.4.2. invalidation of the transaction by the card processor approved by MY KITCHEN, in case of online payment;
- 6.4.3. the data provided by the Customer / Buyer on the Site are incomplete and / or incorrect;
6.5. The Buyer has no right to withdraw from the Contract, respectively to return a Good for which an advance has been paid or is already produced (even without being delivered yet) or to give up a Service already provided, because this Good is created and produced especially for the Buyer, on customized dimensions, using materials chosen by the Buyer.
7. OBLIGATIONS of the PARTIES
7.1. The Seller is obliged:
- 7.1.1. to make available to the Buyer the complete project consisting of 3D images, plans and 2D sections as well as installation plans (electricity, water, gas, ventilation) within 10 working days from the date of receipt of the advance payment.
- 7.1.2. to grant the Buyer warranty certificates for all purchased products.
- 7.1.3. to install the furniture and household appliances paid in full by the Buyer with qualified and specialized personnel; we mention that throughout the installation it is not necessary the presence of any other employee of the Seller, apart from the assembly team dedicated to this purpose. At the same time, the Client’s presence during the assembly is optional, the members of the installation team being able to manage the assembly activity without the Client’s participation.
- 7.1.4. in case of deficiencies of the furniture, they will be entered in the handover report, the affected products will be remedied or replaced by the Seller within a new term specified in the handover report, but not later than 40 working days.
7.2. The Buyer is obliged:
- 7.2.1. to make payments within the time limits set out in the Annex.
- 7.2.2. to ensure adequate conditions for the installation, in the sense that the space must be prepared to accommodate the installed products (cleaning, functional heating, lighting, etc.), and not to perform other works or repairs during the installation of the furniture. The seller has the right to refuse the installation of the goods if the situation of the installations does not comply with the one agreed in the installation plans. At the same time, if during the assembly the Buyer creates stressful situations from a mental and emotional point of view for the members of the installation team, the Seller is entitled to withdraw or stop the installation.
- 7.2.3. to make available to the Seller, at the time of installation, in working order, the electrical, gas and sanitary installations as specified in the approved plans and presented in the Annexes. The seller does not carry out interventions on the gas, water or electrical installation.
- 7.2.4. to make available to the Seller the technical sheets for the built-in household appliances purchased by him. The final design is considered to be launched into production, including from the date on which the Buyer sends / makes available to the Seller the integration sheets of the household appliances purchased by him or, if the Buyer does not send this information, the term is calculated from the date on which the Seller obtains this information from the manufacturer/s of the respective household appliances, the delivery term will be updated accordingly, and the Buyer will be informed in writing.
- 7.2.5. to comply with the installation plans made available to him by the Seller. Any discrepancies between the documents and technical drawings submitted and / or developed together with the Buyer and accepted by him before the installation parameters found at the time of installation lead to the postponement of the installation until the resolution / remedy of these discrepancies. This does not represent the responsibility of the Seller and does not affect the order / contractual clauses. No adjustments and / or modifications are made to the furniture purchased according to the Annex; any modification and adjustment can be made only for a fee and only after signing the minutes of receipt. After fixing the situation on site, the rescheduling of the installation is done depending on the availability of the Seller.
- 7.2.6. After the installation of kitchen furniture and household appliances, at the time when the Buyer considers that the space is completed, but not later than 12 months from the date of signing the Reception report, the Buyer agrees to a photo shoot and a video interview that My Kitchen will use on the website and social media channels.
8. DELIVERY TERM
8.1. The delivery term is specified in the Annex and does not include public holidays and vacations in both Romania and Italy and is calculated from the date of production according to the final design accepted by the Buyer, at the same time with the advance payment.
The delivery time may be delayed by the exceptional delays communicated by the Italian manufacturer after the initial confirmation of the delivery time as well as force majeure events.
8.2. The installation date is agreed upon within the next 10 (ten) working days from the date of delivery of the goods to the Buyer. The Seller cannot be forced to carry out the installation within a given time, requested by the Customer, faster than the normal working time of the installation team (Mo – Fri from 08:30 until 17:30, with a lunch break of 1 hour) as well as the normal pace necessary for the correct installation of the furniture, respectively for the adjustments. Depending on the complexity of the project and the existing installation conditions at the location, it can last between 3 and 7 working days, this term can have fluctuations from case to case and does not constitute a contractual obligation. Installation may be extended in case of non-conformities found at the location and mentioned in point 7.2 of this contract and / or due to any additional requests made by the Customer.
8.3. The delivery / installation address is the one communicated by the Buyer at the time of placing the order. Any information intended to mislead will void the Order.
8.4. For the delivery / installation located on a floor higher than level 4, the Buyer must provide a lift, or if it is not possible for the furniture to be transported by lift (e.g.: high or oversized heights, long or oversized countertops / panels, etc.) an evaluation will be made to establish the additional handling / transport costs.
8.5. Delivery and handling are considered included in the price provided that car access to the location is granted. If the MY KITCHEN vehicle cannot reach the entrance to the building, for the handling of parcels on the distance between the parking space of the vehicle and the entrance to the building, an additional cost will be charged, which will be established following the evaluation.
9. PRICES and PAYMENT TERMS
9.1. The price is set in euros, includes VAT and will be according to the Annex. Payments are made in lei, at the BNR exchange rate + 1%. Under no circumstances will subsequent payments be allowed after delivery or installation, the furniture must be paid in full at the Italian supplier at least 10 working days before the goods are loaded from the manufacturer, following the Buyer to be notified in writing of this loading date.
For the modification of the existing project and / or a version of the previously proposed projects, as well as for the drafting of another project separately from those already executed and presented, a new design fee will be charged.
9.2. The Buyer’s delay in paying the Price or any part thereof is considered a breach of its contractual obligations under the Sale Agreement. In this case, the Seller has the right to withdraw in part or in full from the Contract. The Seller is also entitled to withdraw from the Contract if the Buyer becomes insolvent, ceases to make payments to his Creditors or an insolvency application has been filed against him. By virtue of the withdrawal from the Contract, the Seller will be entitled to the following options: a) to claim the return of the delivered Goods and packaging and to be compensated for any damage suffered as a result of the withdrawal, including operating expenses. In such a case, the Seller will also be entitled to claim from the Buyer, to pay a fixed amount of 10% of the total agreed Price. b) to demand payment of the invoiced amount for the Goods already shipped.
9.3. If the Buyer has paid amounts in advance on the order and changes his mind on purchasing the ordered products or can no longer pay the difference, he will pay a contractual penalty in an amount equal to the advance, meaning that the express compensation operates, and the Seller can choose to fulfilment of the obligation in kind.
9.4. If the Buyer is late with any pecuniary obligation to the Seller, he will also be entitled – without withdrawing -: a) to claim payment of a penalty in the amount of 0.1% of the outstanding amount for each day delay; b) to withhold and / or postpone, until the date of payment, any deliveries of Goods to the Buyer, including those already confirmed by the Seller, without bearing any liability either under the Contract and / or the law or under the rule of a legal theory, The buyer irrevocably and unconditionally waives any right he may have in connection with the above. At any time during the delay, the Seller may decide to withdraw from the Contract.
9.5. The goods remain the property of the Seller until the moment of their payment in full by the Buyer.
9.6. In case of non-compliance by the Seller of the delivery term, except in cases of force majeure or the situation described in point 2.3., Penalties of 0.1% / working day of delay calculated on the value (VAT excluded) of the goods to be delivered and / or installed and have not been delivered and / or installed correlated with the percentage paid by the Buyer.
10. LIABILITY for DEFECTS; LIABILITY for DAMAGES.
10.1. Unless expressly provided otherwise, the Seller offers a warranty for a period of 24 months from the date of delivery of the Goods (hereinafter “Warranty Period”). Under the conditions established by these terms and provided that the Buyer has paid the price of the Delivered Goods, the Seller guarantees that until the end of the Warranty Period, the Delivered Goods will maintain their characteristics as expressly agreed in the Annex, or, if not case, common characteristics in accordance with the Technical Specifications. The Warranty Period for Repaired or Replaced Goods will not extend or replace the original period.
10.2. The guarantee takes effect only from the full payment of the contract by the Buyer.
11. ADDITIONAL INFORMATION
11.1. No further changes to the project are possible after the notification of production launch.
11.2. Any additional changes will be established between the Buyer and the designer only after the conclusion of the Delivery – Receipt Minute, for a fee.
11.3. If the Buyer requests a later delivery and installation deadline, he can opt for storage for a fixed fee of 7 euros / day (VAT included).
11.4. Hood exhaust piping is not included in the project price. In case the Buyer requests the Seller to provide the exhaust piping it will be charged separately.
11.5. For the installation of household and sanitary equipment that have not been purchased from MY KITCHEN, a fixed fee of 70 euros / appliance will be paid.
11.6. The seller does not provide the installation, even for a fee, of the following appliances, which have not been sold by MY KITCHEN: sinks, faucets and hoods of any kind, for which the necessary processing for their integration into kitchen furniture is not ensured.
11.7. The furniture is delivered assembled and packed in cardboard boxes and stretch foil. The goods are sold together with the packaging that becomes the property of the buyer. The value of the packaging was also included in the price of the goods. If the Buyer expressly requests the Seller to take over the packaging, a fee of minimum 500 lei will be charged. The fee is subject to increase, depending on the volume of the packaging.
11.8. Documents sent by fax or e-mail (e-mail) from one Party to the other will be recognized by both Parties, will generate rights and obligations for the Parties, may be presented in court as evidence and may not be denied by the Party that he transmitted them.