Terms and conditions

1. DEFINITIONS AND TERMS

Total Blue - is the trade name of SC Total Blue Impex SRL, a legal entity of Romanian nationality, with registered office in. Uverturii, nr.69A, sector 6, Bucharest, with order number in the Trade Register J2005017776403, unique fiscal registration code RO18065665.
Seller - Total Blue Impex SRL.
Buyer - natural person / legal person or any legal entity that makes an Account on the Site and places an Order.
Customer - a natural person / legal entity that has or obtains access to the CONTINUUM, by any means of communication made available by Total Blue (electronic, telephonic, etc.) or on the basis of an existing user agreement between Total Blue and the Customer, which requires the creation and use of an ACCOUNT.
User - any physical/legal person registered on the Site, who, by finalising the Account creation process, has given his/her consent to the site-specific clauses in the General Terms and Conditions section.
Username - pseudonym by which a specific User/Customer/Chobuyer can add Content on the Site.The username is associated with the information on the Site of the User/Customer/Chobuyer under the name "Username".
Account - a section of the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order and which contains information about the Customer/Buyer and the Buyer's history on the Site (Orders, tax invoices, Goods guarantees, etc.).
Favourites/Wishlist- section in the Account that allows the Buyer / User to create their Lists.
List - web page in the Favourites where the Buyer/User can add Goods that he/she considers to be favourites and can then add them to the shopping basket ("my basket").
Site - domain www.totalblue.ro and its subdomains.
Order - an electronic document that intervenes as a form of communication between the Seller and the Buyer by 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, including the documents and services mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the Contract.
Campaign - the action of exhibiting for commercial purposes, a finite number of Goods and/or Services with a limited and predefined stock, for a limited period of time set by the Seller.
Contract - is the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Contents
- all information on the Site that can be visited, visualised or otherwise accessed using electronic equipment;
- the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication;
- any information communicated by any means whatsoever by an employee/collaborator of the Seller, the Buyer, in accordance with the contact information, whether or not specified by him;
- information related to the Goods and/or Services and/or the prices charged by the Seller in a given period;
- information related to the Goods and/or Services and/or tariffs practised by a third party with which the Seller has concluded partnership contracts, in a given period;
- data relating to the Seller, or any other privileged data.
Review- a written evaluation by the owner or recipient of a product or service, written based on personal experience and the ability to comment on the quality of the product or service and whether or not it meets the specifications stated by the manufacturer.
Document - these Terms and Conditions.
Newsletter - means of periodical information, exclusively electronic, i.e. electronic mail (e-mail, SMS) on the Goods and Services and/or promotions run by the Seller in a given period, without any commitment on the part of the Seller with reference to the information contained therein.
Transaction - the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by Total Blue to the Buyer, by using the services of the card processor authorised by the Seller, regardless of the delivery method.
Green stamp fee - the amount expressed in RON, paid by the Seller to the authorised company in charge of the collection, transport and recovery/recycling of waste electrical and electronic equipment, as provided for by the legislation in force.
Specifications - all specifications and/or descriptions of the Goods and Services as set out in their description.

2. CONTRACTUAL DOCUMENTS

2.1 By registering an Order on the Site, the Buyer agrees with the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer after the Order is for information purposes and does not represent acceptance of the Order. This notification is made electronically (e-mail) or by telephone.
2.3. For justified reasons, the Seller reserves the right to change the quantity of the Goods and/or Services in the Order. If it modifies the quantity of Goods and / or Services in the Order will notify the Buyer, at the e-mail address or telephone number made available to the Seller when placing the Order, and will return the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer when the Buyer receives from the Seller, by electronic mail and / or SMS notification of dispatch of the Order.
2.5. The document and information made available by the Seller on the Site will be the basis of the Contract, in addition to it, being the warranty certificate issued by the Seller or a supplier of the Seller for the Goods purchased.

3. ONLINE SALES POLICY

3.1. Access to place an Order is allowed to any Customer / Buyer.
For justified reasons, Total Blue reserves the right to restrict the access of the Customer/Purchaser to place an Order and/or to some of the accepted payment methods, if it considers that based on the Customer/Purchaser's conduct or activity on the Website, his/her actions could in any way harm Total Blue. In any of these cases, the Customer/Purchaser may contact the Customer Relations Department of Total Blue, in order to be informed of the reasons that have led to the application of the above-mentioned measures.
3.2. Communication with the Seller can be realised through direct interaction with the Seller or through the addresses mentioned in the "contact" section of the Website.
3.3 In the event of an unusually high volume of traffic coming from an internet network, Total Blue reserves the right to ask Customers / Buyers to manually enter captcha validation codes in order to protect the information on the Site.
3.4. Total Blue may publish on the Website information about Goods and/or Services and/or promotions practised by it, in a certain period of time and within the limit of available stock.
3.5. Stocks presented on the website may be subject to change depending on the volume of orders received, therefore stock confirmation will be made only by phone.
3.6. All prices for Goods and/or Services presented on the Website are expressed in lei (RON) and include VAT.
3.7. Under the conditions provided by law, the price of the electronic Goods displayed on the Website includes the Green Stamp Tax. Should the Customer/Purchaser request details on the exact amount added to the price of the Goods, he/she shall contact the Total Blue Customer Relations Department.
3.8. In case of online payments the Seller is/cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing the Buyer's card, in case the currency of issue of the card differs from RON. Responsibility for this action is borne solely by the Buyer.
3.9 All the information used to describe the Goods and/or Services available on the Website (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.

4. STOCK INFORMATION
Stock may vary depending on the updates set on the online platform www.totalblue.ro
Also, the stock displayed on the online shop does not guarantee physical availability in the Total Blue Impex warehouse.

5. COMMAND

5.1. The Customer/Purchaser may place Orders on the Website by adding the desired Goods and/or Services to the shopping basket, and then finalise the Order by making payment by one of the methods expressly indicated. Once added to the shopping basket, a Good and/or a Service is available for purchase to the extent that there is stock available for it. The addition of a Good/Service to the shopping basket, in the absence of the Order being finalised, does not entail the registration of an order, implicitly nor the automatic reservation of the Good/Service.
5.2. By finalising the Order, the Buyer agrees that all data provided by it, necessary for the purchase process, are correct, complete and true at the time of placing the Order.
5.3. By finalising the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation in which it is necessary to contact the Buyer.
5.4. The Seller may cancel the Order placed by the Buyer, upon prior notice to the Buyer, without any further obligation of either party towards the other or without either party being able to claim damages from the other in the following cases:
5.4.1. non-acceptance by the bank issuing the Buyer's card, of the transaction, in case of online payment;
5.4.2. invalidation of the transaction by the card processor authorised by Total Blue, in case of online payment;
5.4.3. the data provided by the Customer/Buyer on the Website are incomplete and/or incorrect;
5.5 The Buyer has the right to withdraw from the Contract, i.e. to return a Good or to cancel a Service, within 14 calendar days.
Thus, according to GEO no 34/2014, the period for returning a Good or cancelling a Service expires within 14 days from:
- the day on which the Buyer takes physical possession of the last Good - where the Buyer orders in one single order multiple products to be delivered separately
- the day on which the Buyer takes physical possession of the last Good or the last part - in the case of the delivery of a product consisting of several lots or parts,
5.6. If the Buyer decides to withdraw from the Contract, he may send an e-mail to comenzi@totalblue.ro.
5.7. If the Customer/Purchaser requests to withdraw from the Contract within the legal withdrawal period, he/she must also return any gifts that may have accompanied the product. If the Order is paid, the Seller shall refund the amount within a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of his decision to withdraw from the Contract. The amount will be refunded as follows:
5.7.1. for Orders paid by credit card online -> by refund to the account from which the payment was made;
5.7.2. for Orders paid by Op/ramburs/ Bank Card-> by bank transfer;
5.8 The Seller may postpone reimbursement until receipt of the Goods sold or until receipt of proof that the Goods have been dispatched, if the Seller has not offered to collect the Goods himself (whichever is the later date).

6. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT PROVIDED

6.1 The following are exempt from the right to withdraw from the Contract:
6.1.2. contracts for the provision of services, after full performance of the services, if performance has commenced with the express prior consent of the Buyer and after the Buyer has confirmed that he has become aware that he will lose his right of withdrawal after full performance of the Contract by the Seller;
6.1.3. the supply of Goods which are liable to deteriorate or expire rapidly;
6.1.4. the supply of sealed Goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the Buyer;
6.1.5. the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items;

7. CONTINUED

7.1 The content, as defined in the preamble, including but not limited to logos, stylised representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of Total Blue, which reserves all rights obtained in this respect directly or indirectly (through licences of use and/or publication). The reporting of any copyright infringements found on the Site will be made to the e-mail address comenzi@totalblue.ro.
7.2. The Customer 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 Total Blue, include any content outside the Total Blue website, remove the marks signifying Total Blue's copyright on the content as well as participate in the transfer, sale, distribution of materials realised by reproducing, modifying or displaying the content, except with the express consent of Total Blue.
7.3. Any Content to which the Customer has and/or obtains access by any means whatsoever, is subject to the Document, unless the Content is accompanied by a specific and valid user agreement entered into between Total Blue and the Customer, and without any express or implied warranty made by Total Blue with respect to that Content.
7.4 The Customer may copy, transfer and/or use the Content solely for personal or non-commercial purposes, provided that they do not conflict with any provisions of this Document.
7.5. In the event that Total Blue grants the Customer the right to use in the form described in a separate user agreement, a particular content to which the Customer has or obtains access pursuant to this agreement, this right extends only to that or those content(s) defined in the agreement, only for the period of its or those content(s) existence on the site or the period defined in the agreement, in accordance with the defined conditions, if they exist and do not represent a contractual commitment on the part of Total Blue for the said Customer or any other third party who has/gets access to this transferred content, by any means whatsoever and who could be or is in any way harmed by this content, during or after the expiry of the utilisation agreement.
7.6. No content transmitted to the Customer by any means of communication (electronic, telephonic, etc.) or acquired by the Customer by accessing, visiting and/or viewing it does not constitute a contractual obligation on the part of Total Blue and/or the employee or collaborator of Total Blue who has mediated the transfer of content, if any, to the said content.
7.7. Any use of the Content for purposes other than those expressly permitted by this document or by the accompanying user agreement, if any, is prohibited.

8. CONFIDENTIALITY

8.1. Total Blue will maintain the confidentiality of the information of any nature that you provide. Disclosure of the information provided may only be made under the conditions mentioned in this Document.
8.2 No public statement, promotion, press release or any other form of disclosure to third parties will be made by the Buyer/Customer regarding the Order/Contract without the prior written consent of the Seller.

9. INVOICING - PAYMENT

9.1. The prices of Goods and Services displayed on the website www.totalblue.ro include VAT according to the legislation in force.
9.2 The price, method of payment and payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the Goods and Services delivered, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
9.3. The Seller will send to the Buyer the invoice for the Order containing Goods and/or Services sold by Total Blue, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer's Account or by electronic mail, to the e-mail address mentioned by the Buyer in his Account.
9.4. For a correct communication of the invoice related to the Order, the Buyer is obliged to update whenever necessary the data in his Account and to access the information and documents related to each Order, existing in the Account.
9.5. Through this means of communication, the Buyer, by accessing his Account, will have a record of the invoices issued by Total Blue, being able to save and archive them at any time and in any way he wishes.
9.6. By sending the Order, the Buyer agrees to receive the invoices in electronic format by adding them by Total Blue in the Account or via electronic mail, to the e-mail address mentioned in the Account.
9.7. If this information is unavailable for more than 48 (forty-seven) hours in Cont Cont, please notify us by e-mail: comenzi@totalblue.ro.
9.8 The Customer's/ User's/ Buyer's payment card data will not be accessible to Total Blue and will not be stored by Total Blue, but only by the institution authorising the Transaction or another entity authorised to provide card identification data storage services, of whose identity the Customer/ User/ Buyer will be informed, prior to the data entry.
The entity authorised to provide card data storage services is Netopia SRL through its integrated solution Mobilpay. Netopia is Total Blue's provider of software solutions to facilitate electronic commerce, i.e. payment services, payment management and anti-fraud protection.
All types of cards issued by Romanian and foreign banks under the VISA and MasterCard logos are accepted provided that the issuing banks have activated them for online payment.
9.9 In certain cases, in order to maintain the security of the Transactions, when registering the Order, the Buyer will be asked to authorise the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.

10. DELIVERY OF GOODS

10.1. The Seller undertakes to deliver the Goods by door-to-door courier to the Buyer or to the delivery points, at the option of the Customer.
10.2. The Seller shall ensure proper packaging of the Goods and shall ensure the transmission of accompanying documents.
10.3. The Seller shall deliver the Goods and Services only within the territory of Romania.

11. GUARANTEES

11.1. Each product commercialised by Total Blue benefits from the warranty term according to the Romanian legislation in force. Clear details related to these guarantees are given by the product datasheets and no member can ask for an extended guarantee, more than the mentioned one. The product warranty offered by Total Blue is the one offered by the manufacturers of the products commercialised by Total Blue.
11.2 If Total Blue is unable to fulfil the contract because the product is not available, it will inform the Customer of this unavailability on the date on which Total Blue becomes aware of this case. In the event that the product has already been paid for by the Customer, the amounts paid as payment will be refunded by Total Blue within a maximum of 7 days, unless otherwise agreed by the parties.

12. TRANSFER OF OWNERSHIP OF GOODS

Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the Order (meaning by delivery - the signature of receipt of the transport document provided by the courier or the signature of receipt on the invoice in the case of deliveries made by the Seller's staff).

13. REPLY

13.1 The Seller shall not be liable for damages of any kind that the Buyer or any third party may suffer as a result of the fulfilment by the Seller 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 their loss.
13.2 By creating and using the Account, the Customer / User / Buyer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing the access to the Account, and, to the extent permitted by the legislation in force, is responsible for the activity carried out through his Account.
13.3 By creating the Account and/or using the Content and/or placing Orders, the Customer / User / Buyer expressly and unequivocally accepts the Terms and Conditions of the Website in the latest updated version that is communicated on the Website, existing at the date of creating the Account and/or using the Content and/or placing the Order.
13.4. Subsequent to the creation of the Account, the use of the Content is tantamount to acceptance of the changes made to the Terms and Conditions of the Website and/or the updated versions of the Terms and Conditions of the Website.
13.5. The Terms and Conditions of the Site may be modified at any time by Total Blue, these being binding on Customers / Users / Buyers from the date of posting on the Site. Acceptance of the Terms and Conditions of the Site is confirmed by ticking the appropriate checkbox on the Site and / or by submitting the Order and / or by making an online payment.

14. SUBMISSION OF REVIEWS

14.1. The Users/Customers/Buyers can write Reviews in the "Reviews" section. The information entered can be both positive and negative, and will refer to the characteristics and how to use a product or service.
14.2. When registering a particular Review/Comment, Users/Customers/Buyers grant the Seller a non-exclusive, perpetual, irrevocable, territorially unlimited licence and grant the Seller the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content.
14.3. Each User/Customer/Buyer, when registering a Review/Comment in the mentioned sections, undertakes to respect the following rules:
- to refer only to the features and / or how to use a particular product or service, avoiding information related to aspects that may change (price or promotional offers) or information related to how the Order is carried out;
- to use appropriate, non-offensive language, without terms that may offend or affect any other User/Customer/Chobuyer;
- ensure that the information entered by them is factual, accurate, not misleading and in compliance with applicable laws, including the rights of other parties, including copyright, trademark, licence or other proprietary rights, publicity or privacy rights;
- not to provide or request, in any way or to any extent, personal data (contact details, delivery or home address information, telephone numbers, email addresses, name and/or surname, etc.) or any other information that may lead to the disclosure of such personal data;
- not to enter information and/or details of URLs (links) from other commercial websites that carry out the same commercial activity as the Seller;
- not to attempt to fraud the services made available by the Seller or to enter Reviews/Comments containing advertising material;
- not to use the Review as a means of communication with the Seller, for this purpose the contact details of the Seller registered on the Site will be used.

15. PROCESSING OF PERSONAL DATA

The data you provide us with are strictly confidential and will be processed in compliance with the legal principles laid down by Regulation 679/2016 and other relevant legal rules on the protection of personal data.
The security of the data you provide to us is a priority for Total Blue. Therefore, we assure you that we take constant measures to keep your personal data secure and that we are constantly improving the ways we detect unauthorised access or other security breaches.

15.1 Categories of personal data

By using the site, we may collect various information, which may differ, depending on your preferences and which you voluntarily provide to us.
- If you have decided to create an account, we will always collect the following categories of data: name, surname, email address, phone/fax number, profile picture (in case you have decided to connect with Facebook or Google).
- If you decide to buy from us, we will collect the following categories of data: first and last name, e-mail address, postal address, billing address, telephone number and bank billing details. Demographic data. Information on gender, date of birth, country and preferred language. Data occurring during the term of the contract - products purchased, customer segment, volume of services provided.

In addition, we process the following personal data:

Details from messages between Total Blue and the customer;
Records about the behaviour on the Total Blue page, in exceptional situations, when we identify problems in the correct functioning of the site;
Records of your phone calls in case you decide to contact us via the call centre.

15.2 Purpose of processing your personal data

Processing product orders, which you order through our website, in your user account. In this case, the basis of this processing is the fulfilment of the contract entered into, and some information is indispensable for the fulfilment of our legal obligations (e.g. accounting documents).
Customer support service. In order to provide customer service and to eliminate possible problems in the fulfilment of the contract, we process personal data on a need-to-know basis. For example, when you encounter problems in handling an order and you contact us, we will process your data in order to resolve the situation you present to us.
Communication. We use the data collected for the purpose of communicating with you in a personalised way. For example, we may contact you by email or other means to remind you that you have products in your online shopping cart, to help you complete your order, to notify you of the current status of your enquiry, order or complaint, to obtain additional information, if applicable, or to notify you that you need to take action to maintain your account in an active status. If the communication relates to the performance of the contract concluded, the basis of the processing will be contractual. In the case of shopping basket notification, the basis of processing is the legitimate interest of Total Blue.
Service improvement. We use data to continually improve our services and systems, including to add new features and also to make informed decisions using total analytics and business intelligence, all based on our legitimate interest derived from the freedom to conduct business and the need to improve the services we provide to maintain our competitiveness. To ensure adequate protection of your rights and interests, we will use anonymised personal data to improve our services.
Protection, security and dispute resolution. We may also process data for a legitimate interest, which is to ensure the protection and security of our systems and our customers, to prevent and detect fraud, to resolve disputes and to implement our agreements, based on legitimate interest.

Marketing offers:

Information letter sent by e-mail (commercial communications).
We send you commercial communications about products similar to the ones you bought.
You always have the opportunity to opt-out of these commercial communications by using the unsubscribe link in each email.
If you unsubscribe from commercial messages, we will no longer use your e-mail address for this purpose. We will only resume using them if you re-subscribe or expressly request it.
The marketing offers displayed may be selected based on other information observed about you over time, and may include contact details, demographic information, even your favourite products or data about your use of our products and our website (cookies, IP address, information provided by the browser you use, clicks, commercial messages displayed, products visited).

Processing cookies:

In case you enable cookies in your browser, we process behavioural records from the cookies placed on the Total Blue page, in order to ensure a better functionality of the page.

15.3 Transferring your data

Your personal information will only be passed on to third parties or otherwise be passed on to third parties if this is necessary for the fulfilment of the sales contract or if you have given your consent to this.

Credit card companies, payment service providers for payment processing and banks, based on your order in order to fulfil the sales contract. Our online payment processing partner is MobilPay;
Transport companies, for the purpose of delivering the ordered products or services and settling claims, including contract cancellation. Our partner for parcel delivery is Fan Courier;
Other service providers, third parties involved in data processing. For email marketing activities the solution used is MailChimp. Email addresses are imported into the platform and only Totalblue.ro representatives have access to them;
Third parties, e.g. the courts, for the purpose of recovering debts under the contract;
Public authorities (e.g. police).

The processing of personal data is carried out only by Totalblue.ro representatives for the delivery of orders and for totalblue.ro marketing purposes.
Datele colectate sunt folosite doar in scopuri de marketing pentru Total Blue, datele nu sunt impartasite catre terti in scopuri de marketing ale acestora.

15.4 Securitatea datelor personale

Datele pe care ni le furnizezi prin intermediul site-ului se transmit in forma criptata. Folosim sistemul de codificare SSL (secure socket layer). Securizam pagina noastra Web si celelalte sisteme, prin masuri tehnice si organizatorice impotriva pierderii si a distrugerii datelor tale, impotriva accesarii acestora de catre persoane neautorizate, a modificarii sau a difuzarii acestora.
Ne asiguram ca imputernicitii nostri dispun de masuri de Securitate tehnice si organizatorice care sa asigure conformitatea cu prevederile GDPR.
Accesul la contul tau de client este posibil numai dupa introducerea parolei personale. In acest context, dorim sa te atentionam ca este foarte important sa pastrezi confidentialitatea datelor tale, si sa nu permiti accesul unor terte persoane, iar, dupa incheierea sesiunii in contul de client, sa inchizi intotdeauna fereastra browser-ului, in special in cazul in care folosesti computerul in comun cu alti utilizatori. Total Blue nu isi asuma responsabilitatea abuzurilor in privinta unor parole folosite, cu exceptia cazului in care situatia a fost cauzata direct de catre Total Blue.

15.5 Durata prelucrarii

Pe o perioada absolut necesara pentru a asigura toate drepturile si obligatiile care rezulta din contractul de vanzare, mai precis pe durata comenzii si a perioadei de garantie.
Timp de 1 an dupa sfarsitul perioadei de garantie, pentru rezolvarea posibilelor dispute.
Pe durata cat Total Blue Impex SRL este obligata sa pastreze informatiile, in conformitate cu dispozitiile legale aplicabile. De exemplu, datele cu caracter personal inscrise pe facturi, care sunt calificate drept documente contabile, trebuie arhivate conform legii, pe o perioada de 10 ani de la emiterea acestora.
Acordul privind transmiterea ofertelor de marketing este valabil pana la retragerea consimtamantului tau.
Datele cu caracter personal furnizate ca urmare a comunicarii intre parti vor fi pastrate 2 ani.
Datele cu caracter personal furnizate ca urmare a participarii tale la diferite campanii vor fi stocate 1 an.

15.6 Drepturile tale

Sub rezerva anumitor conditii legale, vrem sa te informam ca, in cadrul noilor reglementari privind protectia datelor cu caracter personal prevazute de Regulamentul general privind protectia datelor UE 679/2016, in cazul in care prelucram datele tale cu caracter personal, dispui de urmatoarele drepturi:
– Dreptul de acces, prevazut de art. 15, in baza caruia poti sa ne soliciti, gratuit, sa iti confirmam daca prelucram sau nu date cu caracter personal care te privesc. De asemenea, ne poti solicita o copie a datelor pe care le prelucram despre tine. Cererile trebuie sa includa informatii relevante pentru a te putea identifica in baza noastra de date. Vom solutiona cererea ta, in maxim 30 de zile.
– Dreptul la rectificare, prevazut de art. 16, pe care il poti exercita, prin formularea unei cereri prin care ne poti solicita sa modificam informatiile pe care le avem deja despre tine. Poti formula o astfel de cerere atunci cand observi ca datele tale sunt incomplete sau inexacte.
– Dreptul la restrictionarea prelucrarii, prevazut de art. 18, pe care poti sa-l exerciti atunci cand contesti exactitatea datelor, consideri ca prelucrarea este ilegala sau te opui stergerii datelor. Urmare a exercitarii acestui drept, vom putea in continuare sa stocam datele, efectuarea altor operatiuni de prelucrare fiind posibila doar cu consimtamantul tau, cu exceptia cazurilor expres prevazute de lege;
– Dreptul la portabilitate, prevazut de art. 20, pe care il poti exercita doar pentru cazurile in care prelucrarea are ca temei consimtamantul tau sau contractul si doar daca datele tale sunt prelucrate prin mijloace automatizate. Daca indeplinesti conditiile, ne poti transmite o cerere de a-ti porta datele catre operatorul pe care ti-l doresti.
– Dreptul de a te opune prelucrarii datelor tale in scop de marketing, prevazut de art. 21. Poti sa isi exerciti acest drept in orice moment, iar noi iti garantam ca datele tale nu vor mai fi prelucrate in acest scop. Cu toate acestea, exista posibilitatea ca pentru inregistrarea si solutionarea cererii tale sa fie necesar un interval de timp rezonabil (72 ore) in care este posibil sa mai primesti informari de marketing de la noi.
– Dreptul la stergere, prevazut de art. 17, in baza caruia noi avem obligatia sa stergem datele personale pe care le prelucram despre tine. Acest drept nu este unul absolut, avand aplicabilitate doar in anumite situatii expres prevazute de lege. Atunci cand formulezi o cerere de stergere, te rugam sa ai in vedere ca stergerea acestora poate fi un proces complex.
– Dreptul de a te adresa oricand Autoritatii Nationale de Supraveghere, careia ii poti adresa o plangere in cazul in care nu esti multumit de modul in care ti-am solutionat cererile. Datele de contact ale Autoritatii sunt: B-dul G-ral. Gheorghe Magheru 28-30, Sector 1, Bucuresti, adresa de email: anspdcp@dataprotection.ro, telefon: +40.318.059.211, +40.318.059.212.

Daca ai nelamuriri cu privire la datele tale cu caracter personal pe care le prelucram sau doresti sa-ti exerciti oricare dintre drepturile de mai sus, te rugam sa contactezi responsabilului nostru cu protectia datelor la adresa de e-mail: protectiadatelor@totalblue.ro.

16. SISTEMUL DE RETUR AL AMBALAJELOR SGR

Incepand cu 30 noiembrie 2023 intra in vigoare Sistemul Garantie-Returnare. Din acel moment, pentru bauturile comercializate in ambalaje primare nereutilizabile din PET, sticla sau metal, cu volume cuprinse intre 0,1 litri si 3 litri, vei plati o garantie de 50 de bani la cumparare. Acesti bani ii vei recupera atunci cand returnezi ambalajul intr-unul din punctele de returnare deschise la comerciantii din toata tara. Stai fara griji, nu va trebui sa prezinti bonului fiscal la returnare.

Ambalajele trebuie sa fie intacte, nedegradate si nedeformate (sa nu fie sparte, turtite sau presate), golite complet (orice cantitate de lichid care ramane in aceste recipiente afecteaza greutatea si exista posibilitatea ca ele sa fie refuzate de echipamentele automate, atunci cand sunt scanate si cantarite) si, cel mai important, cu eticheta vizibila si intacta, pentru ca aceasta va avea imprimat simbolul SGR „Ambalaj cu garantie”, esential pentru identificarea ambalajelor ca fiind parte a Sistemului Garantie-Returnare.

Desi SGR se lanseaza pe 30 noiembrie, pentru o perioada de timp vor fi comercializate atat produse in ambalaj SGR, cat si in ambalaj non-SGR. Acest lucru se datoreaza stocurilor existente si adaptarii producatorilor la noul sistem. Aceste stocuri vor fi comercializate pana la data de 30 iunie 2024. Astfel, pe facturile dvs. este posibil sa apara sau nu garantia pentru ambalaje, in functie de stocurile proprii sau cele ale furnizorilor nostri.

Majoritatea comerciantilor si retailerilor au obligatia de a infiinta un punct de returnare a ambalajelor reciclabile ce fac obiectul SGR. Exista exceptii pentru industria HoReCa, magazinele online sau magazinele mici, cu spatii de vanzare sub 200 de metri patrati. Astfel, www.totalblue.ro, fiind un magazin online, nu va putea prelua ambalaje SGR.

Poti insa returna ambalajele la orice alt comerciant cu spatiu fizic de vanzare, pentru a recupera garantia de 50 de bani pentru fiecare ambalaj predat.

17. FORTA MAJORA

17.1. Nici una din parti nu va fi raspunzatoare pentru neexecutarea obligatiilor sale contractuale, daca o astfel de neexecutare la termen si/sau in mod corespunzator, total sau partial este datorata unui eveniment de forta majora. Forta majora este evenimentul imprevizibil, in afara controlului partilor si care nu poate fi evitat.
17.2. Daca in termen de 15 (cincisprezece) zile de la data producerii lui, respectivul eveniment nu inceteaza fiecare parte va avea dreptul sa notifice celeilalte parti incetarea de plin drept a Contractului fara ca vreuna dintre ele sa poata pretinde celeilalte alte daune-interese.

18. LEGEA APLICABILA – JURISDICTIA

Prezentul Contract este supus legii romane. Eventualele litigii aparute intre Total Blue si Clienti / Cumparatori se vor rezolva pe cale amiabila sau, in cazul in care aceasta nu va fi posibila, litigiile vor fi solutionate de instantele judecatoresti romane competente din Municipiul Bucuresti.