This agreement regulates the legal relations between the company “PREMIER DIALOG” S.R.L. (IDNO 1007600067272, headquarters address: Chisinau, 170 Columna St., MD-2004), hereinafter referred to as “COMPANY”, and the User of the site www.tabak.md during the use of the specified site.
1. GENERAL PROVISIONS
1.1. Terms and definitions:
Site — a series of logically interconnected web pages available on the Internet under the domain name www.tabak.md.
Site user (User) — any legal person or its representative who has reached the age of 18, as well as any natural person over the age of 18 who has visited the site and/or passed the registration procedure on the site, and who ordered goods delivery services.
Personal data – any information related to an identified or identifiable natural person.
Content – information published on the website, which can be viewed or accessed using electronic equipment.
Account – a section of the Site consisting of an e-mail address and a password, which allows the User to submit an Order and which contains information about the User and his/her history on the site (such as, but not limited to orders, warranties, shopping lists etc.).
Order – an electronic document by which the site User transmits to the Company, through the website, the intention to order the delivery of goods from the store and through which the communication between the Company and the User is made.
Store — the store that belongs to the Company (and which is not related to the “online stores” category), located at: Chisinau, 170 Columna St.
Delivery — the service provided by the Company to the site User, consisting in the delivery of goods purchased from the Store.
Personal data subject – any natural person who can be identified directly or indirectly by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity.
Processing of personal data – any operation or set of operations carried out in connection with personal data using automated or non-automated means, such as collecting, recording, organizing, storing, saving, restoring, adapting or changing, extracting, consulting, using, disclosing by transmission, dissemination or by any other means, joining or combining, blocking, deleting or destroying.
Personal data recording system – any structured set of personal data available according to certain criteria, whether centralized, decentralized or distributed according to functional or geographical criteria.
Cookie file (cookie) – a small piece of data (text file), which is sent by the Company’s server and stored on the User’s computer (or another device, such as tablet etc.) by the User’s web browser.
1.3. Filling out the application and registering on the site can be carried out by any legal person or its representative who has reached the age of 18, as well as by any natural person over the age of 18.
1.4. Any person accessing the site is obliged to reliably and under personal responsibility confirm their age by pressing the “Yes, I am over 18 years old” button located on the home page of the site, as well as to become familiar with the text of this User Agreement.
1.5. If a person under the age of 18 has accessed the content of the site intentionally or by mistake, he/she is obliged to leave the site immediately. The legal representatives of the minor shall monitor compliance with the conditions set out in this paragraph.
1.6. Individuals who are not representatives of enterprises engaged in producing, importing and marketing tobacco, tobacco products, similar products, devices and accessories for their use, refueling or heating, are prohibited from visiting the following subcategories of the site:
◦ ◦ “PIPES TOBACCO”, contained in the “PIPES” category;
◦ ◦ “HOOKAH TOBACCO”, contained in the “HOOKAHS” category;
◦ ◦ “ROLLING TOBACCO”, contained in the “ROLLING CIGARETTES” category;
◦ ◦ “CUBAN CIGARS”, “ITALIAN CIGARS”, “CIGARILLOS” contained in the “CIGARS” category.
Compliance by the Site User with this prohibition is performed by him independently, under personal responsibility, and is beyond the control of the Company.
1.7. By placing an order on the site, the User directly and explicitly agrees with the form of communication (by phone or e-mail) through which the Company operates, and may not subsequently refer to any circumstances restricting the possibility of using this form of communication.
1.8. This Agreement shall enter into force on the day the site User becomes familiarized with the contents. Familiarization with the contents of the User Agreement is considered completed from the moment you visit the website.
1.9. The user shall familiarize himself/herself with the updated text of the User Agreement every time he/she visits the site.
2.1. PREMIER DIALOG S.R.L., registered under the number 0002139 in the register of personal data operators (www.registru.datepersonale.md) is authorized by the National Center for Personal Data Protection to process the personal data of its customers, including Site Users.
2.2. The User, by voluntarily providing his/her personal data to the Company (verbally (in person or by phone) or by registering in the system via the web interface), thereby expresses the consent to collection and processing of his/her personal data by the Company for the purposes set out in this User Agreement (no separate agreement is required).
2.3. The collection and processing of personal data is carried out within the framework of the personal data accounting system (database) of the Company for the following purposes:
• keeping records of users who have used the services or intend to use the services of the Company;
• providing support to site users;
• carrying out the necessary measures for concluding civil law contracts, for creating a user account on the site or placing an order;
• fulfillment of other obligations arising from the legal relations established with the site User.
2.4. The company collects the following categories of personal data: name, date of birth, address of the location (residence) of the User and/or delivery address, phone number, e-mail address, as well as other data provided by the User on his/her own initiative.
2.5. The company may disclose personal data to:
• persons authorized by the Company;
• a personal data subject (site User) or his/her legal representative;
• supervisory authorities at their request, judicial authorities and other institutions authorized by law to request information;
• depending on the circumstances, debt collection companies, lawyers;
• the IT service provider that ensures the functionality of the site;
• courier services (exclusively for the purpose of fulfilling orders for goods delivery);
• payment processor.
2.6. The company will make every effort to ensure that confidential information about Site users and relationship with them remains confidential. The information transmitted will be considered confidential, will be used only for the purpose for which it was transmitted and will not be used for other purposes without the User’s consent, except as otherwise provided by applicable law and this Agreement.
2.7. When the User visits the site, the Company stores on the User’s device and processes the following types of cookies: session and for the CSRF token. Session cookies are temporary files that remain on the user’s device until the end of the session or until the application (web browser) is closed.
2.8. At the end of the Internet session, session cookies are automatically deleted.
2.10. To avoid installing cookies, you can configure your browser by following the browser-specific instructions, which can be found here:
• Chrome: https://support.google.com/chrome/answer/95647?hl=en
• Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
• Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
• Microsoft Edge: http://windows.microsoft.com/en-gb/windows-10/edge-privacy-faq
• Safari: https://support.apple.com/kb/PH21411?locale=nl_BE&viewlocale=en_US
WARNING: Disabling cookies can cause the website to malfunction.
2.12. Most of the data about cookies, their placement and use allow the User to identify themselves, and the Company uses these to get an idea of how the User uses the Site, and collecting statistics that allow the Company to ensure the best quality of the site and services provided to the User.
3. SITE REGISTRATION PROCEDURE
3.1. A User who wants to create his/her own account on the site shall register by accessing the respective page on the www.tabak.md site (by clicking on the “REGISTER” button), and then enter the following categories of data:
◦ For natural persons: name, contact phone number, email address password;
◦ For legal persons: name, contact phone number, email address password, IDNO.
It is recommended that the password should be composed of at least 8 characters: letters of the Latin alphabet, uppercase and lowercase, numbers or special characters. The password is confidential and cannot be disclosed to third parties.
Registration is successfully completed only after filling in all required fields.
3.2. Upon registration, the User is assigned a username (e-mail address) and a password. The user is not allowed to transmit the username and password to third parties or to use the username and passwords of third parties. In case of unauthorized use of the User’s username and password by third parties, the User is obliged to notify the Company accordingly. The user is fully responsible for the security of his/her username and password, as well as for all actions that have been performed on the site under his/her username and password.
4. PROCEDURE AND TERMS OF GOODS DELIVERY
4.1. The list and characteristics of the goods published on the site can be changed and adapted at any time, at the discretion of the Company.
4.2. The information (photos, text information, audio/video information) about the goods that the Company delivers from the store has only an informative character, is intended for reference purposes only and shall not represent an offer for the purchase of goods. The images of the tobacco products packaging are provided by the manufacturer for information purposes, and the packaging of tobacco products purchased by the User directly in the Store contains all necessary information, according to the requirements of current legislation of the Republic of Moldova, including information on health risks of smoking.
4.3. Goods delivery is made in Chisinau municipality, except for the suburban localities in the municipality.
4.4. Delivery schedule: Monday - Sunday from 09-00 to 18-00, excluding official holidays.
4.5. Goods delivery shall be made on the next working day after the day when the order was accepted and confirmed by the User, with the exception of express delivery service, the time of which does not exceed 120 minutes from the moment of order confirmation.
4.6. Before placing an order with goods delivery from the Store, the User must log into his/her account with the e-mail address used during registration and password to access the account.
4.7. To order goods delivery, you need to take the following steps:
• When you press the “Order” button, the selected product will be added to your shopping cart. The cart is updated as the products are added to it. The following details are specified in the cart menu: list and price of products added, number of units ordered. The fact of adding products to the cart does not create any delivery obligations for the Company. By accessing the “Confirmation” menu, the User registration of the order on the site. After order registration, the Company representative will contact the User by phone to confirm the order and to communicate the date and time of delivery, as well as other necessary information.
4.8. Replacement, cancellation of products in the order and order cancellation can be performed by the site User at any time, but before clicking the “Checkout” button.
4.9. In case of delivery problems due to objective reasons (lack of goods in the store warehouse, vehicle breakdown, etc.), the Company reserves the right to inform the Site User as soon as possible of a change in delivery time or cancellation of the order. The Company shall under no circumstances be liable for any damages.
4.10. The Company may cancel the User's Order after prior notice to the Buyer, without subsequent obligations of one party to the other party or without any party claiming damages in the following cases:
◦ incomplete or incorrect data (wrong address, phone number, etc.) provided by the User on the site;
◦ exceeding the deadline for accepting orders, if it is impossible to contact the Customer and he/she was not found at the delivery address;
◦ the person receiving the goods does not reach the age of 18, a fact that must be confirmed by the Recipient (the representative) by presenting an identity document, in accordance with Article 25 of Law no. 278/2007 on tobacco control.
4.11. In all the situations described above, the User shall be notified by e-mail or phone.
4.12. After the order is placed by the User, a representative of the Company shall contact him/her to confirm the time and address of goods delivery.
4.13. Upon receipt of the goods, the User must ensure that the delivered products meet his/her expectations regarding quality and quantity.
4.14. The user has the right to refuse to accept the goods in the following cases:
◦ the product packaging is seriously damaged;
◦ the goods were delivered to a wrong address;
◦ the product has manufacturing defects;
◦ the product does not match the contents specified when placing the order;
◦ the product has quality defects.
4.15. Product replacement is only possible if the product is in stock.
Cost of delivery services
4.16. The prices of the products indicated on the site are informative. Prices are applicable when the customer confirms the order. If the price of the product or some of its features have been displayed incorrectly on the site, the Company reserves the right to cancel the delivery of this product and to notify the User, as soon as possible, of this situation.
4.17. Cost of delivery services:
◦ when purchasing goods in the store worth up to 500 (five hundred) MDL, the cost of delivery is 50 (fifty) MDL including VAT;
◦ when purchasing goods in the store worth 500 (five hundred) MDL or more, the cost of delivery is included in the price of the goods.
4.18. Cost of express delivery services:
◦ when purchasing goods in the store worth up to 200 (two hundred) MDL, the cost of delivery is 80 (eighty) MDL including VAT;
◦ when purchasing goods in the store worth 200 (two hundred) MDL or more, the cost of delivery is 65 (sixtyfive) MDL including VAT.
4.19. Payment for the goods purchased by you in the Store, as well as delivery services, is made in cash, at the cash desk of the Store. Payment for goods purchased by legal entities, as well as delivery services, is made by bank transfer or in cash, at the Company’s cash desk.
5. INTELLECTUAL PROPERTY RIGHTS AND CONTENT RIGHTS
5.1. The site is the property of the Company. The content of the site, including but not limited to the design of the site, logos, images, commercial symbols, text and/or multimedia content presented on the site are the exclusive property of the Company or are used by the Company legally and are protected by rights, in accordance with applicable law.
5.2. Site Users are not permitted to copy, distribute, publish, transmit to third parties, change and/or otherwise modify and use the site content for other purposes.
5.3. The use of intellectual property of the Company is allowed only on the basis of a separate written agreement and in accordance with its terms.
5.4. Any use of the content for purposes other than those expressly permitted by these Terms or any associated user agreement, if any, is prohibited.
6. LIABILITY OF THE PARTIES
6.1. The company is not liable for any loss/damage caused by improper use of the delivered products, their use for purposes other than those for which they were manufactured, as well as customers’ failure to read and follow the instructions for use that accompany the products.
6.2. The Company does not guarantee that the site, the servers on which it is hosted, or emails sent by the Company do not contain viruses or other potentially dangerous computer components, and that they do not contain omissions, failures, delays or interruptions in operation or transmission, disconnections or other similar factors.
6.3. If the Site User violates the terms of this Agreement, access to the Site may be blocked.
6.4. The company is not liable for any loss on the part of the User, if they are caused by non-compliance with the terms of this Agreement and the instructions mentioned on the site.
6.5. The company is also not liable for damages resulting from the failure of the site, as well as for damages caused by the inability to access certain links on the site.
6.6. The Company is not liable for any damages that the User or any third party may suffer as a result of the Company’s fulfillment of its obligations under this Agreement, as well as for damages resulting from the use of the delivered goods.
6.7. The competent body with consumer protection functions in the Republic of Moldova is: the Agency for Consumer Protection and Market Surveillance, located at the address: Chisinau, 78 Vasile Alecsandri St., tel. (022) 74-14-64, E-mail: firstname.lastname@example.org, www.consumator.gov.md).
7. GOVERNING LAW AND JURISDICTION
7.1. According to this Agreement, the relations between the User and the Company are regulated by the legislation in force of the Republic of Moldova.
7.2. All disputes or disagreements arising during the implementation of this Agreement shall be settled with the obligatory out-of-court settlement. The deadline for responding to a claim, request, appeal, complaint is 15 calendar days from the date of receipt.
7.3. If the parties do not agree with the settlement of the disputes that have arisen, these will be resolved exclusively by the competent court of the Republic of Moldova, based on the material and procedural law of the Republic of Moldova. Notwithstanding the foregoing provision, the User agrees that “PREMIER DIALOG” S.R.L. has the right to take remedial action in the form of an injunction (or similar action with immediate effect) in the court of any state, at his/her own discretion.
7.4. Non-use or non-application by “PREMIER DIALOG” S.R.L. of any right or remedial action under this Agreement (or held by the Company under applicable law) does not represent a formal denial by the Company of such rights, and such rights and remedial action shall continue to be available to the Company.
8. CHANGES TO TERMS
8.1. The User agrees that the Company has the right to send him/her any notifications, including notifications of changes to the terms of service, by e-mail or by publishing information on the site.
8.2. The User agrees that the Company has the right to unilaterally change the terms of this Agreement, including the terms of service, by publishing relevant changes on the site. In this regard, the User is encouraged to review the Agreement and terms of service every time he/she visits the site to stay informed of the updates.