The website hotelpetrosani.com is managed by HOTEL PETROSHANI S.R.L., headquartered at 1 Decembrie 1918 Street, No. 110, Petrosani Municipality, Hunedoara County, Romania, registered with the Trade Register under no. J20/56/2021, with the Tax Identification Code 43564160, Tel. (+40) 721 205 023, Email: contact@hotelpetrosani.com.
Please read these terms and conditions carefully to ensure the best possible use of the website. By using this site, you implicitly accept the terms and conditions of use outlined below, which represent the agreement (contract) between the parties.
As the author/owner/administrator of the website hotelpetrosani.com, HOTEL PETROSHANI S.R.L. reserves the right to change and update its content at any time, as well as the Privacy Policy and the Terms and Conditions of use, without prior notice. Therefore, we kindly ask you to visit this section periodically to review the terms and conditions you have agreed to comply with.
1 – THE PURPOSE
The general terms and conditions of sale (hereinafter referred to as GTCS) shall apply to all service sales made by HOTEL PETROSHANI S.R.L. through hotelpetrosani.com to the Buyer and may only be amended with the express written consent of both parties.
In this GTC, the following terms shall mean:
Buyer: the person, company, firm, or other legal entity that places an Order.
Seller: the commercial company HOTEL PETROSHANI S.R.L., having its registered office at 110, 1 Decembrie 1918 Street, Petrosani Municipality, Hunedoara County, Romania.
Goods and services: any turnkey project or service, including the documents and services mentioned in the Order, which are to be provided by the Seller to the Buyer.
Order: an electronic document that serves as a form of communication between the Seller and the Buyer, through which the Seller agrees to deliver the Services and the Buyer agrees to receive these Services by making the corresponding payment.
Intellectual Property Rights (hereinafter referred to as IPR): all intangible rights such as know-how, copyright and copyright-related rights, database rights, design rights, model rights, patents, trademarks, and domain name registrations for any of the above.
Specifications: all specifications and/or descriptions of the services as stated in the order.
2 – CONTRACTUAL DOCUMENTS
By placing an electronic or telephone order on the website hotelpetrosani.com, the Buyer agrees to the form of communication (by phone or email) through which the Seller conducts its operations. The order will consist of the following documents, in order of importance:
The order (together with clear specifications regarding delivery and billing details)
Buyer’s Specifications (where applicable)
TCGV
If the Seller confirms the order, this constitutes full acceptance of the terms of the Order. The acceptance of the order by the Seller is considered final when there is a verbal (telephone) or electronic (email) confirmation from the Seller to the Buyer, without requiring any acknowledgment of receipt from the Buyer. At no time shall the Seller consider an unconfirmed order as constituting a Contract.
3 – VALABILITATE
This Agreement enters into force upon the issuance of the invoice by the Seller. Notification regarding the issuance of the invoice shall be made by phone or electronically (e-mail). The general terms and conditions of sale shall form the basis of the Agreement thus concluded, being supplemented by the offer issued by the Seller or one of its suppliers.
4 – EXTENSION OF THE SELLER’S OBLIGATIONS
The Seller shall use their professional and technical knowledge to achieve the result stipulated in the Order and shall deliver the Goods and Services that meet the Buyer’s requirements, needs, and specifications.
The information presented on the seller’s websites is for informational purposes only and is documented or modified by the Seller based on the data sheets/presentation websites of the Manufacturers. Additionally, due to space constraints and the need for a coherent information structure, product descriptions may be incomplete. However, the Seller makes efforts to provide the most relevant information based on the details received from the Manufacturers, in order to ensure that the product is used according to the parameters for which it was purchased.
5. – CESIONAREA SI SUBCONTRACTAREA
The Seller may assign and/or subcontract a third party for services related to fulfilling the order, by informing the Buyer, without requiring the Buyer’s consent. The Seller shall always remain responsible to the Buyer for all contractual obligations.
6 – INTELLECTUAL AND INDUSTRIAL PROPERTY LAW (IPR)
The Buyer understands intellectual property rights and shall not disclose to any third party or make public (on the internet or in the media) any of the information received from the Seller. Furthermore, the names of the websites as well as the graphical symbols are registered trademarks owned by the Seller and may not be used, copied, or reproduced without the prior written consent of the owner.
7 – PRIVACY – ADVERTISING
All plans, documents, and information of any kind provided by the Buyer to the Seller, including but not limited to the order, shall remain the property of the Seller. They may be used solely for the execution of the contract. No public statement, promotion, press release, or any other form of disclosure to third parties shall be made by the Buyer regarding the order without the prior written consent of the Seller.
8 – TERMENE PENALITATI
If the delivery and/or order initiation deadlines cannot be met, the Seller is obliged to notify the Buyer of the estimated completion date of the delivery. The Buyer shall have the right to claim additional damages from the Seller, where permitted by law, in the event of total or partial failure by the Seller to fulfill the Contract in accordance with the agreed deadlines.
If the Buyer delays payment for the services due to their own fault, beyond the deadline specified in the invoice issued by the Seller, they are obliged to pay a penalty of 0.5% per day of the outstanding amount.
If the Seller receives incorrect information regarding the invoicing or delivery of the products, a new order fulfillment deadline will be set, within a period of 3 working days. Unless otherwise modified by the Seller with prior notice to the Buyer, the completion deadline is 60 days from the date the order was placed.
9 – BILLING – PAYMENTS
The price, payment method, and payment term are specified in the Order. The Seller shall issue an invoice to the Buyer for the delivered Goods and Services, and the Buyer is obligated to provide all the necessary information for issuing the invoice in accordance with the applicable legislation.
9.1 Once the payment has been made to the Seller, this agreement becomes a legally binding contract. In accordance with Law no. 365/2002, Article 9.
9.2 The prices displayed on hotelpetrosani.com may be changed without prior notice to users. The prices do not represent a guaranteed or time-unlimited offer.
9.3 The prices of the packages and services offered are accompanied by technical specifications. If the beneficiary requests other services with different technical specifications, HOTEL PETROSHANI S.R.L. may or may not offer a different price than the one displayed on the website.
10 – RISKS AND RESPONSIBILITIES
Delivery of services
The Seller undertakes to deliver the Goods and Services within the deadlines stipulated in the cooperation agreement between the parties.
11 – ACCEPTANCE
Acceptance shall be deemed to occur when the Goods and Services comply with the technical specifications mentioned in the Order.
If the Buyer finds that the delivered Products or provided Services do not meet the technical specifications, the Seller shall ensure compliance of the Products and Services within a period not exceeding the execution term of the Order, without charging the Buyer any costs related to these operations.
Furthermore, the Seller shall comply with the provisions of Law 51/2003 approving Government Ordinance no. 130/2000 on the legal regime of distance contracts, which grants the Buyer (only under the conditions set forth by the aforementioned legislation) the right to unilaterally terminate the Contract within 10 days, and to receive within 30 days from the written unilateral termination (a document signed by the Buyer and sent electronically or by mail with confirmation of receipt) the Contract price, subject to the return of the Goods and Services.
The Seller reserves the right to claim damages from the Buyer if it considers that the Buyer’s actions were made in bad faith, in accordance with applicable legislation.
12 – GUARANTEES
In addition to any other warranties provided by applicable laws and detailed in the Warranty Certificate issued by the Seller or by one of the Seller’s suppliers, these warranties cover the Buyer against any non-conformity that may affect all or part of the Goods and Services, except for normal wear and tear, for a period of 24 months from the date of issuance of the sales invoice.
13 – TRANSFER OF PROPERTY
The ownership of the Goods and Services will be transferred electronically at the time of payment by the Buyer, to the email addresses provided by the Buyer.
14 – COMPLIANCE WITH LAWS AND STANDARDS
The Seller shall comply with all applicable laws, regulations, and ordinances in connection with the performance of its contractual obligations, including but not limited to the manufacture or delivery of the Goods and Services.
15 – LIABILITY
The Seller shall not be held liable for any damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order, nor for any damages arising from the use of the Goods and Services after their delivery.
The Seller shall be liable in the event that its subcontractors and/or any of its partners involved in the execution of the Order fail to fulfill any of the contractual obligations.
16 – LOW PRICE
The Seller makes every effort to provide accurate information regarding the prices and characteristics of the products. However, some prices may be incorrect. In the event that an order is placed with an unreasonably low price, the Seller reserves the right to cancel the Buyer’s order.
17 – VIOLATION – TERMINATION
If the Seller fails to fulfill their obligations, including during the warranty period, the Buyer shall notify the Seller of this non-fulfillment. An action plan shall be validated between the Parties within 30 days from the notification. The Buyer may cancel an Order by email, provided it has not yet been delivered. Otherwise, the order shall be subject to the return policy stated on the Seller’s websites.
18 – FORCE MAJEURE
Neither party shall be held liable for the failure to fulfill its contractual obligations if such failure is due to a force majeure event. Force majeure refers to an unforeseeable event, beyond the control of the parties, which cannot be avoided.
19 – DATA CONFIDENTIALITY
Please read the Privacy Policy regarding the processing of personal data, which is part of this Document.
20 – USE OF COOKIES
See the Cookie Policy, which is part of this Document.
21 – APPLICABLE LAW – JURISDICTION
This contract is governed by Romanian law. Any disputes arising from the interpretation and execution of this contract shall be settled amicably. If no agreement can be reached in this manner, the competent courts at the Seller’s registered office shall have jurisdiction.
22 – MISCELLANEOUS PROVISIONS
If one or more provisions of these GTCV are in conflict with any applicable legal requirement, such provisions shall not be enforced, and the Parties shall endeavor to agree on new provisions that reflect the spirit of the original terms. The Parties to this contract shall be deemed independent contractors, and neither Party shall have the right or authority to assume or create any obligation on behalf of or against the other Party. The terms and conditions of this contract supersede any prior written or verbal agreements between the Parties regarding the subject matter of this Agreement and may not be modified or amended except by written agreement signed by both Parties.