1. Definitions and Terms
www.fishtec-europe.eu - is the trade name of SC ORIGINATOR AG S.R.L. SRL, a Romanian legal entity, with its registered office at 104 MIHAI VITEAZU Street, ŞELIMBĂR Village, ŞELIMBĂR Commune, Romania, registered under the Trade Register number RO47552346.
Seller - www.fishtec-europe.eu
Buyer - can be any natural person over 16 years of age or a legal person or any legal entity that creates an Account on the Website and places an Order or fills out a form.
Customer - can be any natural person over 16 years of age or a legal person who has or obtains access to CONTENT through any means of communication provided by www.fishtec-europe.eu (electronic, telephone, etc.) or based on an existing user agreement between www.fishtec-europe.eu and them, which requires the creation and use of an Account.
User - any natural person over 16 years of age or a registered legal person on the Website who, by completing the Account creation process, agrees to the specific terms of the site in the Terms and Conditions and Privacy Policy section of www.fishtec-europe.eu.
Account - the section of the Website consisting of an email address and a password that allows the Buyer to place an Order and contains information about the Customer/Buyer and the Buyer's history on the Website (Orders, invoices, product warranties, etc.). The User is responsible and will ensure that all information entered when creating the Account is correct, complete, and up-to-date.
My Cart - a section in the Account that allows the Buyer/User to add Goods or Services that they wish to purchase at the time of adding or at a later time. If the Goods or Services are not purchased at the time of adding by placing an Order, the Buyer/User will benefit from the service offered by the Seller to track Goods and Services by receiving Commercial Communications from the Seller.
Website - the online store/presentation website hosted at the web address www.fishtec-europe.eu and its subdomains and additional addresses that redirect to www.fishtec-europe.eu.
Order - an electronic document that serves as a form of communication between the Seller and the Buyer, through which the Buyer transmits their intention to purchase Goods and Services from the Website.
Goods and Services - any product or service listed on the Website, 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.
Contract - represents the distance 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 Website that can be visited, viewed, or otherwise accessed using electronic equipment;
• the content of any email sent to Buyers by the Seller through electronic means and/or any other available communication method;
• any information communicated through any means by an employee/collaborator of the Seller to the Buyer, using the contact information specified or not by the Buyer;
• information related to Goods and/or Services and/or the rates/prices practiced by the Seller during a specific period;
• information related to Goods and/or Services and/or the rates/prices practiced by a third party with whom the Seller has partnership contracts during a specific period;
• data regarding the Seller, or other privileged data of the Seller.
**Question** - a form of address to other Users/Customers/Buyers with the purpose of obtaining information about the Goods or Services on that respective page.
**Response** - written information transmitted to the User/Customer/Buyer who has asked a Question on the Site, on a specific Good. The Response represents an explanation given by a User/Customer/Buyer to another User/Customer/Buyer in the context of a discussion.
**Document** - these Terms and Conditions.
**Commercial Communications** - any type of message sent (such as email/SMS/phone/mobile push/web push/etc.) containing general and thematic information, information about products similar or complementary to those you have purchased, information about offers or promotions, information about Goods and Services added to the "My Account/Shopping Cart" or "My Account/Favorites" section, as well as other commercial communications such as market research and opinion surveys.
**Transaction** - the collection or refund of an amount resulting from the sale of a Good and/or Service by www.fishtec-europe.eu to the Buyer, using the card processing services approved by the Seller, regardless of the delivery method.
**Specifications** - all the specifications and/or descriptions of the Goods and Services as stated in their description.
**2. CONTRACTUAL DOCUMENTS**
2.1. By placing an Order on the Site, the Buyer agrees to the form of communication (telephone or email) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer after placing the Order serves as information and does not represent the acceptance of the Order. This notification is made electronically (via email) or by phone.
2.3. For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in the Order. If the quantity of Goods and/or Services in the Order is modified, the Seller will notify the Buyer at the email address or phone number provided to the Seller when placing the Order and will refund the amount paid.
2.4. The Contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives, through electronic mail and/or SMS, the notification of the Order's dispatch from the Seller.
2.5. The document and information provided by the Seller on the Site will form the basis of the Contract, and in addition to these, 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 for any User/Buyer. For justified reasons, www.fishtec-europe.eu reserves the right to restrict the User/Buyer's access to placing an Order and/or some of the accepted payment methods, if it considers that the User/Buyer's conduct or activities on the Site could harm www.fishtec-europe.eu in any way. In any of these cases, the User/Buyer can contact www.fishtec-europe.eu's Customer Relations Department by emailing office@fishtec-europe.eu to be informed about the reasons for implementing the aforementioned measures.
**3.2.** Communication with the Seller can be done through direct interaction or through the contact information mentioned in the "contact" section of the Site. The Seller has the freedom to manage the information received without being required to provide justifications for this.
**3.3.** In the case of an unusually high volume of traffic from an internet network, www.fishtec-europe.eu reserves the right to request Users/Buyers to manually enter captcha validation codes to protect the information on the Site.
**3.4.** www.fishtec-europe.eu may publish information on the Site about Goods and/or Services and/or promotions it practices for a certain period of time and within the limits of available stock.
**3.5.** All fees related to Goods and/or Services presented on the Site are expressed in Romanian Lei (RON) and include VAT.
**3.6.** In the case of online payments, the Seller is not and cannot be held responsible for any additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of the Buyer's card if its currency differs from RON. The Buyer is solely responsible for this action.
**3.7.** 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 and are used exclusively for presentation purposes.
**4. ASSIGNMENT AND SUBCONTRACTING**
**4.1.** The Seller may assign and/or subcontract a third party for services related to fulfilling the Order, with the Buyer's notification, and the Buyer's agreement is not required. 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, trademarks, static images, dynamic images, text, and/or multimedia content presented on the Site, is the exclusive property of www.fishtec-europe.eu, and all rights obtained directly or indirectly (through usage and/or publication licenses) are reserved to www.fishtec-europe.eu.
**5.2.** The 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 one intended by www.fishtec-europe.eu, include any Content outside the Site, remove the marks indicating www.fishtec-europe.eu's copyright over the Content, or participate in the transfer, sale, distribution of materials created by reproducing, modifying, or displaying the Content, except with the express written consent of www.fishtec-europe.eu.
**5.3.** Any Content to which the Customer/Buyer/User has or gains access through any means is subject to the Document, in case the Content is not accompanied by a specific and valid usage agreement concluded between www.fishtec-europe.eu and the Customer/Buyer/User, and without any implicit or explicit warranty from www.fishtec-europe.eu regarding that Content.
**5.4.** The Customer/Buyer/User may copy, transfer, and/or use Content only for personal or non-commercial purposes, provided that these actions do not conflict with the provisions of the Document.
**5.5.** If www.fishtec-europe.eu grants the Customer/Buyer/User the right to use specific Content as described in a separate usage agreement, to which the Customer/Buyer/User has or gains access as a result of this agreement, this right extends only to that or those defined content in the agreement, only for the duration of the existence of that content on the site or the period defined in the agreement, subject to the defined conditions, if they exist, and does not constitute a contractual commitment from www.fishtec-europe.eu to the respective Customer/Buyer/User or any other third party who has or gains access to this transferred content, through any means and who may be or is harmed in any way by this content, during or after the expiration of the usage agreement.
**5.6.** No Content transmitted to the Customer, User, or Buyer through any means of communication (electronic, telephone, etc.) or obtained by them through access, visit, and/or viewing constitutes a contractual obligation on the part of www.fishtec-europe.eu and/or its employee/representative who facilitated the transfer of the Content, if it exists, regarding that specific content.
**5.7.** Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying usage agreement, if it exists, is prohibited.
**6. ORDER**
**6.1.** The Customer/Buyer can place Orders on the Site by adding the desired Goods and/or Services to the shopping cart and then completing the Order by making payment through one of the specified methods. Once added to the shopping cart, a Good and/or Service is available for purchase as long as stock is available. Adding a Good/Service to the shopping cart, without completing the Order, does not automatically result in the registration of an Order, nor does it imply the automatic reservation of the Good/Service.
**6.2.** By completing the Order, the Buyer consents that all data provided by them, necessary for the purchase process, are correct, complete, and true at the time of placing the Order.
**6.3.** By completing the Order, the Buyer consents that the Seller may contact them through any available/agreed means in any situation where contacting the Buyer is necessary.
**6.4.** The Seller may cancel an Order placed by the Buyer following prior notification to the Buyer, with no further obligations on either party or the possibility of either party claiming 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. The invalidation of the transaction by the card processor approved by www.fishtec-europe.eu, in the case of online payment;
6.4.3. The data provided by the Customer/Buyer on the Site is incomplete and/or incorrect.
**6.5.** The Buyer has the right to withdraw from the Contract, respectively to return a Good or renounce a Service, within 14 calendar days, without invoking any reason and without incurring other costs than the delivery costs. Thus, according to Government Emergency Ordinance no. 34/2014, the return period for a Good or renunciation of a Service expires within 14 days from:
• - the day on which the Buyer takes physical possession of the last Good – in the case where 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 piece – in the case of the delivery of a product consisting of several lots or pieces
**6.6.** In case the Buyer decides to withdraw from the Contract, they can complete the online return form found at http://www.fishtec-europe.eu/index.php?route=account/return/add
**6.7.** If the Customer/Buyer requests withdrawal from the Contract within the legal withdrawal period, they must return any gifts that accompanied the respective product. If the Order is paid for, the Seller will refund the amount within a maximum of 14 (fourteen) days from the date of informing the Seller by the Buyer of their decision to withdraw from the Contract. The amount will be refunded as follows:
6.7.1. for Orders paid with an online card -> by refund to the account from which the payment was made;
6.7.2. for Orders paid with Op/cash on delivery/iTransfer/credit card -> by bank transfer;
6.7.3. for Orders paid by consumer credit -> cancellation/recalculation of the installment contract.
**6.8.** The Seller may defer the refund of the amount until the Goods sold are received or until proof is received that they have been dispatched if the Seller has not offered to recover the Goods themselves (whichever is the latest date).
**6.9.** In the event that a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Customer/Buyer of this fact and will refund the value of the Good and/or Service to the Buyer's account within a maximum of 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 their intention to terminate the Contract.
**6.10.** The availability of a Good will be displayed on the Site as follows:
• "in stock" - we have more than 10 pieces in stock at www.fishtec-europe.eu
• "limited stock" - we have fewer than 3 pieces in stock at www.fishtec-europe.eu
• "in stock from supplier" - The Good is not available in www.fishtec-europe.eu's stock. If you place an Order for a Good marked as "in stock from supplier," one of our sales consultants will contact you as soon as possible to inform you of the Good's availability.
• "on order" - The Good is not available in www.fishtec-europe.eu's stock, and at the moment, we have no information about its availability from the supplier. However, if you place an Order for a Good marked as "on order," one of our sales consultants will check the product's availability with the supplier and contact you to inform you of its availability.
• "pre-order" - The Good is not available in www.fishtec-europe.eu's stock or the supplier's stock. But if you place an order for a Good marked as "pre-order," one of our sales consultants will check the supplier's restocking time and contact you to inform you of the Good's availability.
• "out of stock" - The Good is no longer available in www.fishtec-europe.eu's stock.
• "temporarily unavailable" - We cannot currently procure the Good because it is not available in the supplier's stock.
**7. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT PROVIDED**
**7.1.** The following are exceptions to the right of withdrawal from the Contract:
7.1.1. service contracts after the complete provision of the service, if the execution has begun with the express prior consent of the Buyer, and after the Buyer has confirmed that they have been informed that they will lose the right of withdrawal after the complete execution of the Contract by the Seller;
7.1.2. the supply of Goods and/or services whose price depends on fluctuations in the financial market that the Seller cannot control and that may occur during the withdrawal period;
7.1.3. the supply of Goods made to the Buyer's specifications or clearly personalized;
7.1.4. the supply of Goods that are liable to deteriorate or expire rapidly;
7.1.5. the supply of sealed Goods that cannot be returned for health or hygiene reasons and were unsealed by the Buyer;
7.1.6. the supply of Goods that are, after delivery, according to their nature, inseparably mixed with other items;
7.1.7. the supply of sealed audio or sealed video recordings or sealed computer software that have been unsealed after delivery;
7.1.8. the supply of newspapers, periodicals, and magazines, with the exception of subscription contracts for the supply of such publications;
7.1.9. the supply of digital content that is not supplied on a tangible medium if the provision has begun with the express prior consent of the Buyer and after the Buyer has confirmed that they have been informed that they will lose the right of withdrawal.
**8. CONFIDENTIALITY**
**8.1.** www.fishtec-europe.eu will keep confidential all information of any nature provided by you. Disclosure of the information provided may only be made under the conditions specified in this Document.
**8.2.** No public statement, promotion, press release, or any other form of disclosure to third parties regarding the Order/Contract shall be made by the Buyer/Client without the prior written consent of the Seller.
**8.3.** By transmitting information or materials through this website, you provide the Seller with unrestricted and irrevocable access to these materials, the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the Seller may freely use, for its own benefit, this information, ideas, concepts, know-how, or techniques that you have sent us through the Site. www.fishtec-europe.eu will not be subject to obligations of confidentiality regarding the information sent unless the applicable legislation provides otherwise.
**9. COMMERCIAL COMMUNICATIONS**
**9.1.** The Buyer/User/Client may change their consent given to the Seller for Commercial Communications containing general and thematic information, including information about offers or promotions, at any time as follows:
9.1.2. by modifying the settings in the Account in the "Subscribe/Unsubscribe newsletter" 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 by email at office@fishtec-europe.eu.
"Wishlist," the Seller will send Commercial Communications to the Buyer/User:
• - regarding the price changes of Goods or Services added to the "Wishlist" section,
• - recommendations for Goods or Services similar to those added to the "Wishlist" section, and
• - stock availability or Services of Goods added to the "Wishlist" section.
**9.3.** After purchasing a Good or Service, the Seller may send Commercial Communications to the Buyer/User regarding:
• - suggestions for 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 www.fishtec-europe.eu or by contacting www.fishtec-europe.eu in this regard.
**9.5.** Furthermore, to improve the offer of Goods and Services and the shopping experience, we may use your data to conduct market research and opinion polls. The information obtained from these market research and opinion polls will not be used for advertising purposes but only for the purposes mentioned above. Your responses to market research and opinion polls will not be associated with your identity, transmitted to third parties, or published. You can object to the use of data for market research and opinion polls at any time by accessing the unsubscribe link displayed in the message or by contacting www.fishtec-europe.eu.
**10. INVOICING - PAYMENT**
**10.1.** The prices of Goods and Services displayed on the website www.fishtec-europe.eu include VAT in accordance with the applicable legislation.
**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, and it is the Buyer's obligation to provide all the necessary information for issuing the invoice in accordance with the applicable legislation.
**10.3.** The Seller will send the Buyer the invoice for the Order containing Goods and/or Services sold by www.fishtec-europe.eu physically with the package. In case you do not receive the invoice, you can contact us by email at office@fishtec-europe.eu.
**10.4.** To ensure correct communication of the invoice for the Order, the Buyer is obliged to update their data in their Account whenever necessary and to access the information and documents related to each Order available in the Account.
**10.5.** The User/Buyer's payment card data will not be accessible to www.fishtec-europe.eu and will not be stored by www.fishtec-europe.eu or by the integrated payment processor on the Site but only by the Transaction authorization institution or another entity authorized to provide card identification data storage services, about which the User/Buyer will be informed before entering the data.
**10.6.** In certain cases, for the sake of Transaction security, the Buyer will be asked to authorize payment by re-entering the password associated with their Account or by using fingerprint recognition on mobile terminals that have this feature.
**10.7.** For the security of Transactions, it is advisable for the User/Buyer not to remain logged in to the Site and not to set the option for automatic login on mobile devices. Disclosing the account access password is not allowed, and it is recommended to use a strong security password (e.g., containing at least eight characters, including uppercase and lowercase letters, numbers, and special characters).
**11. DELIVERY OF GOODS**
**11.1.** The delivery conditions for Goods and Services sold by www.fishtec-europe.eu can be found in the Delivery Information section.
**11.2.** The Seller will ensure proper packaging of the Goods and will provide the accompanying documents.
**11.3.** The Seller will deliver the Goods and Services on the territory of Romania and to other countries only after verifying the addresses.
**12. WARRANTIES**
**12.1.** All Goods sold by www.fishtec-europe.eu, except Refurbished Goods, benefit from warranty conditions in accordance with the applicable legislation and the commercial policies of the manufacturers. The Goods are new (except Refurbished Goods), in their original packaging, and come from authorized sources by each manufacturer.
**12.2.** In the case of Goods sold and delivered by www.fishtec-europe.eu, the warranty certificates are either issued directly by the manufacturer if they have a service network or issued by www.fishtec-europe.eu.
**12.3.** In the case of warranty certificates issued by manufacturers, the defective Goods during the warranty period must be presented directly at the nearest service center mentioned in the certificate. This manufacturer-authorized center will take full responsibility for resolving the warranty.
The absence of the warranty certificate for the Goods must be reported within 48 (forty-eight) hours of receiving the Goods to the email address office@fishtec-europe.eu. Any subsequent notifications will not be taken into consideration.
**12.7.** For Refurbished Goods, the warranty certificate is issued by www.fishtec-europe.eu, and the warranty may cover a different period compared to the warranty period of the same new, sealed Goods. The warranty period is specified in the warranty certificate for each Refurbished Goods. The conditions for using, handling, and transporting Refurbished Goods are the same as those for sealed products and benefit from the same services unless otherwise stipulated on the product page.
**13. TRANSFER OF OWNERSHIP OF GOODS**
**13.1.** Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location specified in the Order (understanding by delivery - signing the transport document provided by the courier or signing the receipt on the fiscal invoice in the case of deliveries made by the Seller's personnel).
**14. LIABILITY**
**14.1.** The Seller cannot be held responsible for any damages that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations according to the Order and for damages resulting from the use of Goods and Services after delivery, especially for their loss.
**14.2.** By creating and using the Account, the User/Buyer is responsible for maintaining the confidentiality of the Account data (username and password) and for managing Account access. To the extent permitted by applicable law, they are responsible for the activities carried out through the Account.
**14.3.** By creating an Account and/or using the Content and/or placing Orders, the Client/User/Buyer expressly and unequivocally accepts the Terms and Conditions of the Site and the Privacy Policy in the last updated version, which is communicated on the Site, at the time of creating the Account and/or using the content and/or at the time of placing the Order.
**14.4.** The Seller reserves the right to periodically update and modify the Site's Terms and Conditions to reflect any changes in the Site's operation and conditions or any changes in legal requirements. The document is binding on Customers/Users/Buyers from the moment it is displayed on the Site. In the event of any such changes, we will display the modified version of the Document on the Site, so please periodically check the content of this Document.
**15. WRITING REVIEWS, COMMENTS, QUESTIONS, AND ANSWERS**
**15.1.** Writing Reviews, Comments, Questions, Opinions, and Answers can be done by Users/Clients/Buyers in the "Opinions" sections. The information provided can be both positive and negative and should refer to the characteristics and usage of a specific product or service.
**15.2.** By submitting a Review/Comment/Question/Answer on the Site, Users/Clients/Buyers grant the Seller a non-exclusive, perpetual, irrevocable, territorial unlimited license and grant the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute, and display this content.
**15.3.** Each User/Client/Buyer, at the time of entering a Review/Comment/Question/Answer/Opinion on the Site, agrees to follow these rules:
- To only refer to the characteristics and/or use of a particular product or service, avoiding information related to changeable aspects (price or promotional offers) or information related to the order process.
- To use the Romanian language only. Words or expressions that, although not considered Romanian, are widely used in all areas related to the respective field (e.g., stroke, ink, tattoo) are allowed.
- To use appropriate, non-offensive language without terms that can offend or affect any other User/Client/Buyer.
- To ensure the correct framing of the content entered on the Site.
- To ensure that the information they provide is realistic, correct, not misleading, and in accordance with applicable laws, thus respecting the rights of other parties, copyright, trademark, license rights, or other property rights, publicity, or privacy rights.
- To use this feature solely to communicate or obtain additional details regarding a specific product or service on the Site without referring to other companies promoting the sale and purchase of products or services.
- Not to provide or request personal data (contact details, delivery or home address, phone numbers, email addresses, names and/or surnames, etc.) or any other information that may reveal such personal data in any way.
- Not to enter information and/or details about URLs (links) from other commercial websites engaging in the same commercial activity as the Seller.
- Not to attempt to defraud the services provided by the Seller or to enter Reviews/Comments/Questions/Answers/Opinions containing advertising materials.
- Not to use the Review/Comment/Question/Answer as a means of communication with the Seller. In this regard, the Seller's contact information on the Site should be used.
**15.4.** In addition to a critical realistic evaluation, when submitting a Review, the User/Client/Buyer will also add a relevant Rating for the related product or service. Reviews, along with their corresponding Ratings, will influence the overall Rating of the product or service, a number that appears in parentheses next to the title. Thus, a Review accompanied by a high Rating leads to an increase in the overall Rating, while a Review with a low Rating leads to a decrease in the overall Rating.
**15.5.** When a Review/Comment/Question or Answer is reported by a User/Client/Buyer as having inappropriate content, from a strictly subjective perspective, this content is carefully reviewed by the Seller to determine whether it violates the Site's Terms and Conditions. The text, photos, or videos entered are removed from the Site only after being reviewed by the Seller.
**15.6.** In the event the Seller finds a repeated violation of the Terms and Conditions, the Seller reserves the right to suspend the User/Client/Buyer's ability to submit Reviews/Comments/Questions/Opinions. For complaints or claims related to the purchased Goods and/or Services, Buyers have the email address office@fishtec-europe.eu at their disposal. The maximum processing time for complaints or claims is 30 calendar days from their receipt.
**16. PROCESSING OF PERSONAL DATA AND USE OF COOKIES**
**16.1.** Please review the Privacy Policy of www.fishtec-europe.eu regarding the processing of personal data, which is part of this Document.
**17. FORCE MAJEURE**
**17.1.** None of the parties shall be responsible for the non-performance of its contractual obligations if such non-performance within the deadline and/or properly, in whole or in part, is due to a force majeure event. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.
**17.2.** If within 15 (fifteen) days from the date of its occurrence, the respective event does not cease, each party shall have the right to notify the other party of the full termination of the contract, without either party being able to claim damages from the other.