Terms & Conditions
1. Definitions
The general terms and conditions set forth below shall apply to all sales of goods by Emagyl and its partners, through the virtual store www.emagyl.ro to the Buyer and may be modified at any time by Emagyl without prior notice.
For the purposes of these Terms & Conditions, the following definitions shall apply:
Buyer – any individual or legal entity that submits an Order.
Seller – Emagyl, with the commercial name EMAGYL S.R.L., having its registered office in Ilfov, ORȘ. BRAGADIRU, STR. VERII, NR. 38A, VAT ID 54350609, registration number at the Trade Register J2026020240002.
Goods – any product, including documents and services mentioned in the Order, which are to be provided by the Seller to the Buyer.
Goods – any product, including documents and services mentioned in the Order, which are to be provided by the Seller to the Buyer.
Order – an electronic document that intervenes as a means of communication between the Seller and the Buyer, through which the Seller agrees to deliver the Goods and the Buyer agrees to receive these Goods and make payment for them.
Contract – an confirmed Order by the Seller.
Intellectual Property Rights – all immaterial rights such as know-how, copyright and related rights, database rights, design rights, trademarks, patents, and domain name registrations for any of the above.
Site – the domain www.emagyl.ro and its subdomains.
2. Contractual Documents
By launching an electronic Order on the site www.emagyl.ro, The Buyer agrees to the form of communication (e-mail, telephone) through which the Seller conducts its operations. The order will be composed of the following documents:
• Order (together with clear notes regarding delivery and billing data) and its specific conditions.
• Terms and Conditions
If the Seller confirms the Order, this implies a complete acceptance of the Order's terms. The acceptance of the Order by the Seller is considered finalized when there is an electronic confirmation (email) from the Seller to the Buyer, without requiring a receipt confirmation from the Buyer. The Seller does not consider an unconfirmed order to have the value of a Contract.
The Order confirmation is made electronically (e-mail). The prices of the products in the order are valid for 3 working days from the date of registration of the order. The general terms and conditions of sale will form the basis of the Contract thus concluded.
Personal data collected in the context of placing the order will be processed in accordance with the Privacy Policy. The user agrees that their data may be processed by the Operator and the partners mentioned in the Policy.
3. Obligations of the Seller
The Seller shall use its professional and technical knowledge to achieve the result stipulated in the Order and shall deliver the Goods that meet the Buyer's requirements and specifications expressed in the Order;
Information presented on the Seller's websites is for informational purposes only and may be modified by the Seller without prior notice. Product descriptions may be incomplete, but the seller makes efforts to present the most relevant information, so that the product can be used within the parameters for which it was purchased; the product can be used within the parameters for which it was purchased;
4. Rights of Intellectual and Industrial Property
The User/Buyer understands the rights of intellectual property and will not disclose to third parties or make public any of the information received from the Seller.
All drawings, graphic and design elements that appear on the site, the site name as well as graphic signs are registered trademarks in the property of Emagyl and cannot be taken over, copied or used without the written consent of the owner.
All content elements such as descriptions, drawings, graphics and design elements that appear on the site, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the site, are the exclusive property of Emagyl, all rights obtained in this regard directly or indirectly through licenses for use and/or publication being reserved to it.
User/ Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, expose, include any of the above content elements in any other context than the original intended use by Emagyl, including the inclusion of any content elements outside the Site, the removal of any copyright notices that signify Emagyl's copyright over the content elements as well as participation in the transfer, sale, distribution of materials created through reproduction, modification or display of the content elements, except with the written consent of Emagyl.
5. Rights regarding the site content
The entire content of the site and the graphic elements, including but not limited to, all text content, as well as the technical sources of all present and future services and facilities – unless another owner is expressly mentioned – the sources of the pages and any other material, transmitted in any form by and to Users (through direct viewing on the site, through newsletters, etc.) belong to Emagyl.
The content of the site is protected by copyright and other intellectual property rights, and any use of the content of the site, including but not limited to, reproduction, distribution, public communication, transformation, etc., is prohibited without the prior written consent of Emagyl.
(i) reproduction (on non-commercial sites, forums, press articles, etc.) of small fragments of the published articles (max. 400 characters) is permitted, being mandatory specifying the source of the information taken, with a link, in the following form: (Source: site name – link to the site content).
(ii) links to the website are permitted www.emagyl.ro, and the source of the information will be specified after each link or at the end of the article, as follows: "Information provided by courtesy of Emagyl – link to the content of the site)
Users undertake to respect all copyrights and all related rights and any other intellectual property rights that the Site Administrator and its partners hold over/in connection with the site www.emagyl.ro.
Emagyl reserves the right to take legal action against any person and/or entity that in any way violates the above provisions. Requests to use the content of the site for any purpose other than personal may be made by e-mail to contact@emagyl.ro, with the specification "For the attention of the agency".
Any person who transmits or publishes in any way information or materials to the site assumes the obligation not to prejudice in any way the copyrights that a third party may invoke in relation to the materials and information transmitted in any way to the site, and the persons who send in any way information or materials understand and accept that any breach of this obligation cannot in any way engage Emagyl's liability, but only the liability of the persons concerned.
Emagyl may at any time run advertising campaigns and/or promotions in any section of the site, without this operation requiring the consent of the site Users. The spaces and dimensions of advertising campaigns and promotions do not require the consent of the site Users and may be changed at any time without prior notice.
Emagyl does not assume responsibility for damages or losses resulting from advertising campaigns or promotions organized on the site, except those organized strictly on the site.
6. Limitation of liability of the website administrator
Emagyl does not assume any liability and does not guarantee implicitly or expressly, for the content of the site, respectively for the content provided by its partners or by the Users of the site. However, Emagyl will make all reasonable efforts to ensure the accuracy and professional manner in which the information on the site will be provided, in order to gain and maintain the trust of Users in the site. In this regard, Emagyl will try to correct the reported errors and omissions in the shortest time possible.
The site administrator does not provide any kind of guarantees for the content of the site and under no circumstances can it be held liable for any loss or damage that may result from the use of any part/sequence/page of the site or from the impossibility of using it, regardless of its cause or from the misinterpretation of any provisions of the site content.
The information provided through the site is offered with good faith, from sources considered to be trustworthy. In the event that any of the published articles or any other information falls under the scope of copyright law, please contact us at the email address contact@emagyl.ro, in order to take the necessary measures. At the same time, Users must bear in mind that the information presented may include possible inaccuracies (e.g.: technical data or typing errors). The site administrator will make all necessary efforts to correct these aspects as soon as possible .
Users understand and accept the fact that Emagyl does not guarantee:
• that the information contained on the site is fully complete;
• that the information provided by Users on the website is real, correct and the site administrator does not assume responsibility for how visitors use it;
• that the information or services on the site will satisfy all the requirements of the Users, and for their inappropriate use the Users assume full responsibility;
• for the results obtained by Users as a result of using the information or services available through the website, the use of information and services is done at the Users' own risk;
• that the services available through the site will operate constantly, uninterruptedly, without errors – in this regard, Emagyl does not assume responsibility for any damage that Users may suffer due to the temporary or faulty functioning of the site or for the use of information obtained by using links from the site to other sites (their use is at the Users' discretion).
Also, Users understand and accept the fact that Emagyl is not responsible for any inadvertent mistakes, errors or omissions in the information provided on the site by Users. Moreover, Users understand and accept that Emagyl is exonerated from any liability for advertisements posted on the site or through the services offered through the site, as well as for the products or services provided by the authors of these advertisements. In particular, Users agree to release Emagyl from any liability for any judicial or extrajudicial action, which arises as a result of the incorrect or fraudulent use of the site.
For cases of force majeure, Emagyl and/or its operators, directors, employees, branches, subsidiaries and representatives, is completely exempted from any liability. Cases of force majeure include, but are not limited to, malfunctions of Emagyl's technical equipment, lack of functioning of the internet connection, lack of functioning of telephone connections, computer viruses, unauthorized access to the Site's systems, operating errors, etc.
Users agree to protect and indemnify Emagyl and/or its operators, directors, employees, branches, subsidiaries and representatives from and against any and all demands, claims, actions, impositions, losses, damages, costs (including, without limitation, attorneys' fees), expenses, judgments, decisions, fines, adjustments or other obligations resulting from or related to any other action of Users in connection with the use of the site or the services offered through it.
Emagyl does not provide any warranty, either express or implied, regarding the website www.emagyl.ro, the information, content, materials or products on the site, as well as their suitability for a particular purpose. Users expressly agree that use of this site and application of the information is at their own risk.
7. User Subscription to Newsletters and Alerts
Users of the website have the option to receive newsletters and alerts via email, and there is the possibility for Users to unsubscribe at any time, with a single click on the unsubscribe link in the newsletter/alert received via the email address provided during signup.
Given that access to the products offered through the site is achieved through an active account, therefore based on a username and password, we recommend that Users not disclose these elements to third parties, even if they claim to be contacting you on behalf of the site.
Also, in order to ensure a higher level of security, at the end of the visit to the site we recommend closing the browser window in which you were working or clicking on „Sign out”/”Log off” on the page visited.
9. Billing and payments
The price, payment method and payment term are specified in the Order. The Seller will issue to the Buyer an invoice for the Goods delivered, the Buyer's obligation being to provide all the information necessary for the issue of the invoice in accordance with the legislation in force.
For proper communication of the invoice related to the Order, the Buyer has the obligation to update their account information as needed and to access the information and documents related to each existing Order in their account.
By submitting the Order, the Buyer expresses their consent to receive invoices in electronic format through the use of electronic mail, at the email address mentioned in their Account.
10. Responsibilities
The Seller undertakes to ship the Goods and Services through a door-to-door courier system to the Buyer.
The Seller is released from the risks and responsibilities associated with the Goods and Services at the moment of their delivery to the international courier company with which the Seller collaborates or to the representative of the Buyer.
The Seller will ensure the appropriate packaging of the Goods and Services and will ensure the transmission of the accompanying documents.
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 Seller's failure to perform any of its obligations under the Order and for damages resulting from the use of the Goods after delivery and in particular for the loss of the products. The Seller shall be liable if its subcontractors and/or partners of any kind involved in the execution of the Order fail to perform any of the contractual obligations.
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 Seller's failure to perform any of its obligations under the Order and for damages resulting from the use of the Goods after delivery and in particular for the loss of the products. The Seller shall be liable if its subcontractors and/or partners of any kind involved in the execution of the Order fail to perform any of the contractual obligations.
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 Seller's failure to perform any of its obligations under the Order and for damages resulting from the use of the Goods after delivery and in particular for the loss of the products. The Seller shall be liable if its subcontractors and/or partners of any kind involved in the execution of the Order fail to perform any of the contractual obligations.
If prices or other details related to the products have been displayed incorrectly, including due to the fact that they have been entered incorrectly into the database, the Seller reserves the right to cancel the delivery of the respective product and to notify the customer as soon as possible about the error, if the delivery has not yet been made.
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 Seller's failure to perform any of its obligations under the Order and for damages resulting from the use of the Goods after delivery and in particular for the loss of the products. The Seller shall be liable if its subcontractors and/or partners of any kind involved in the execution of the Order fail to perform any of the contractual obligations.
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 Seller's failure to perform any of its obligations under the Order and for damages resulting from the use of the Goods after delivery and in particular for the loss of the products. The Seller shall be liable if its subcontractors and/or partners of any kind involved in the execution of the Order fail to perform any of the contractual obligations.
The products sold on the website are intended for personal use, and their resale is strictly prohibited, in accordance with the Fiscal Code.
11. Delivery of Products
Delivery is not free of charge and is carried out through a fast courier service as described in the "Deliveries" section.
Our products are sometimes produced on order, which makes the production and delivery time up to 14 working days starting from the day the order is processed.
Orders are processed as soon as possible after placement, during the interval Monday – Friday 10:00-18:00. In case of orders placed outside working hours (Monday – Friday 10:00-18:00) or on weekends, these will be processed on the first working day. During holidays and in periods of sales, the delivery time may be extended.
Orders are processed as soon as possible after placing the order, between Monday - Friday 10:00-18:00. In case of orders placed outside office hours (Monday - Friday 10:00-18:00) or during the weekend, they will be processed on the first business day. On holidays and during sales periods, the delivery time may be extended.
If the package cannot be delivered (the recipient does not respond, the address specified by you is incorrect etc.), you will be contacted by phone by the courier. If contact cannot be established with the recipient, the packages will remain at the local courier for 7 days, after which they will be returned to the Shipper.
We are not responsible for delayed shipments, loss, destruction, damage, non-delivery or misdelivery of a shipment or part thereof if they are caused by situations/circumstances beyond our control (roadblocks, natural or human causes, failure to comply with orders by suppliers and third parties, etc.).
12. Acceptance
Acceptance will be made when the Goods are in conformity with the technical characteristics mentioned in the Order. In case the Buyer discovers that the delivered Products are not in conformity with the technical specifications, then the Seller will bring the Products into conformity. Also, for products sold and delivered by Emagyl, the Buyer benefits from a return of the products within 14 days.
13. Transfer of Ownership
Ownership of the Goods will be transferred upon delivery, after payment by the Buyer at the location indicated in the order (meaning delivery – signing of receipt of the transport document provided by the courier or signing of receipt on the fiscal invoice in case of deliveries made by the Seller's staff). In the case of delivery by courier, the latter is not authorized by the Seller to allow the Buyer to open the packages before signing the delivery, but only after signing the delivery and paying the possible countervalue of them.
14. Return of products
The Buyer may request the return of products in the following situations:
• The products present severe damage;
• The products were delivered / invoiced incorrectly. The delivery of products other than those requested must be reported immediately. The buyer can request its return for replacement, and if the product is no longer in stock, he can opt for a replacement or a full refund of the value. If the replacement with a product of a higher value is agreed, he will pay the difference, respectively if the value is lower, he will receive a partial refund up to the value of the replacement product. The return and shipping costs for the replacement product, if applicable, are borne by the customer.
• The products present manufacturing defects;
The Buyer has the right to notify the Seller in writing that he wishes to withdraw from the purchase, without penalties and without invoking a reason, within 14 days of receiving the product. Also, in accordance with article 7 paragraph 1 of Government Emergency Ordinance No. 130/2000, the Buyer has the right to unilaterally terminate the distance contract, in writing, within 14 days of receiving the product(s), without penalties and without invoking a reason. In this case, the direct costs of returning the products will fall, according to the law, on the Buyer.
The products must be returned in their original packaging, with the invoice attached, and must not show signs of physical wear or damage.
Customized products cannot be returned. Please note that these products are created according to the configurations specified by you, so they cannot be changed or returned.
If an exchange is agreed upon for a product of higher value, the Buyer will pay the difference, respectively if the value is lower, they will receive a partial refund up to the value of the replacement product. The costs of return and shipping for the replacement product, if applicable, are borne by the Buyer. In the case where products whose return is requested present damaged or incomplete packaging, signs of wear or damage, we reserve the right to decide whether to accept the return or to deduct an amount, the amount to be communicated after evaluating the damages caused.
In the case of exercising the legal right of return of the product, the refund of its value will be made through bank transfer to the account indicated by the Buyer within a maximum of 14 days from receipt of the returned product.
In case of exercising the legal right to return the product, the reimbursement of its value will be made by bank transfer to the account indicated by the Buyer within 14 days from receipt of the returned product.
15. Processing of Personal Data
In order to ensure compliance with the right of site users to the protection of personal data, we have implemented specific protection measures, taking into account Romanian legislation, as well as the requirements established by Regulation (EU) 2017/679 – applicable throughout the European Union from May 25, 2018 (the “Regulation”).
Personal data represents any information through which you can be identified, especially through an identification element such as a name, an identification number, location data, an online identifier or one or more elements related to your physical, physiological, genetic, mental, economic, cultural or social identity.
Our company takes all necessary measures to ensure compliance with your right to the protection of personal data, and these conditions represent the notification established by art. 13 or 14 of the Regulation through which we explain why we collect your personal data, how we protect this data, as well as what your rights are in relation to this data collection.
We encourage you to read the document carefully and to request any additional information or any clarification you consider necessary regarding the content of this notice.
1) General considerations regarding your personal data
In accordance with Regulation (EU) 2017/679, Emagyl will manage in a safe manner and only for the specified purposes, the personal data provided by Users. By means of the Terms and Conditions, Users are informed that the personal data they provide will be processed for the purpose of offering in optimal conditions by Emagyl of internet services, of goods and services provision services, of advertising, marketing and publicity services and of statistical services.
Emagyl performs the following processing operations: collection, registration, organization, storage, adaptation, modification, extraction, consultation, use and, in some cases, transmission to third parties, on the exclusive and regulated basis of a commercial contract that ensures data security and confidentiality, as well as compliance with user rights, of the personal data of the Site Users in order to administer, maintain, improve and obtain information regarding the services it offers, as well as to prevent errors and information leaks through its own IT network, violations of the law or contractual terms.
The personal data to be collected may be used, including by automatically creating profiles (for those Users who have given their explicit consent) and to personalize to the greatest extent possible the services offered to Users through the site, as well as for marketing purposes. The automatic creation of profiles will not concern the data of minors, their personal data not being processed for this purpose.
Personal data will be provided by Users, at their own option, when creating a valid account on the site or subscribing to a service available on the site, in order to benefit from the services and products offered through it. When registering on the site the User is requested to provide certain personal data, such as first and last name, gender, date of birth, e-mail address, telephone, profession, habits/preferences/behavior, as well as other personal information.
The User is solely responsible for all data provided at the time of creating the user account on the site. To confirm the data and account, the User will be notified at the e-mail address declared when creating the account. This confirmation e-mail has the role of stopping the fraudulent actions of users who use other people's e-mail addresses to create fictitious accounts. If you receive such a message, provided that you have not personally registered on the site, please send us an e-mail to dpo@magyl.rofor deleting the respective account within a maximum of 3 business days. The e-mail will contain, in pdf format and the current version of the present Contract.
The User profile form contains fields that can be edited if you wish to modify or supplement the data provided when creating the account.
The User is not required to provide these data, as they are necessary for i) maintaining records of site usage and ii) providing services under optimal conditions through this platform, for informing about promotional campaigns, for advertising purposes, for personalized marketing and advertising actions and for granting the User access to additional features. The User's refusal to provide the requested data results in non-participation in the promotional activities organized through the site. site-ului si nefolosirea facilitatilor, serviciilor suplimentare oferite exclusiv Utilizatorilor cu un cont in acest website.
The Website may also be used if the User decides not to create a profile by providing personal data, with the exceptions established within the Cookies Policy (integral part of this Agreement)
According to Regulation (EU) 2017/679 and Law no. 677/2001, Users have the right to access, to intervene in their data, the right not to be subject to an individual decision and the right to seek justice. At the same time, Users have the right to oppose the processing of personal data concerning them and to request the deletion of the data.
For the exercise of these rights, Users can submit a written request in this regard, which they will send by email to the address contact@emagyl.rowith the specification “Request for personal data”.
The Site undertakes not to send spam messages (commercial messages for which it does not have the prior explicit consent of the User) and to undertake all accessible technical means to ensure the security and confidentiality of the user's data.
The site reserves the right to terminate, without prior notice, the accounts and access of members who violate the Terms and Conditions, who undertake activities proven to be fraudulent, slander or attack the security and confidentiality of information on the site or the company operating the site.
2) Data we collect, the legal basis for collection and the purposes of collection
Within the online communication relationship established between the site and the user, we collect and process your personal data, the collection and processing of this data being necessary to provide informative and promotional content to the user, following the completion, by him, of personal data voluntarily, within the site, by accessing one or more of the following sections: account creation, account update, newsletter subscription, online questionnaire completion, online form completion, to obtain personalized information or commercial benefits, within the campaigns promoted on the site.
The legal basis for collection can be: consent; performance of a contract; legal obligation; vital interests; public interest/authority; legitimate interest.
Data collected: Name, first name, e-mail, phone, location, mailing address, links to social media profiles.
Purposes: access to content, responses to requests, communications, offers and benefits regarding services/products.
Duration: in the secure database until explicit deletion or up to 10 years from the last activity (after which anonymization).
Cookies, timestamps, browsing history – for monitoring traffic and hierarchy content; similar duration.
3) Module for data storage, location, duration
We store data for the period necessary for the purposes of processing or according to legal obligations (between 1 day and 10 years). For details, see the table above. We implement special technical and organizational measures for sensitive categories.
4) Users' rights and their exercise
Right of access – free copies on first request; addresses: contact@emagyl.ro, Ilfov, ORȘ.BRAGADIRU, STR. VERII, NR. 38A, CUI 54350609; tel. 021 555 1309.
Right to rectification – correcting/completing inaccurate/incomplete data.
Right to erasure – within the limits of the law („right to be forgotten”).
Right to restriction of processing – including when the accuracy is contested.
Right to object – especially for marketing purposes; data is anonymized promptly.
Right to withdraw consent – without affecting the legality of previous processing anterioare;
Right to lodge a complaint – with the ANSPDCP.
Automated decisions & profiling – with consent; data secured; possibility of human intervention (contact@emagyl.ro).
5) Exercise of rights – contact person
Questions/requests: dpo@magyl.roor postal correspondence to Ilfov, ORȘ.BRAGADIRU, STR. VERII, NR. 38A, CUI 54350609
16. Force majeure
Neither party shall be liable for the failure to perform its contractual obligations if such failure is due to a force majeure event. Force majeure is an unforeseeable event, outside the control of the parties and which cannot be avoided.
17. Law applicable
This contract is subject to Romanian law. Any disputes arising between Emagyl and users/customers/buyers will be resolved amicably or, if amicable resolution is not possible, the disputes will be settled by the competent Romanian courts.
18. Special offers
Emagyl does not have any special offer campaigns running.
19. Modification of terms and conditions
Emagyl has the right to modify at any time and in any way any of the provisions included in Terms and Conditions or the Terms and Conditions in their entirety, without any prior notification and without being obligated to perform any other formalities with respect to Users. Any modification is fully and unconditionally accepted by the Users of the website through the simple use or access to the website or any of the facilities offered by the website, implemented at any time after the modification, and the non-acceptance of any modification entails the obligation of the respective User to immediately cease accessing the website and/or using any manner the services offered through it.
20. Delivery of Products
Products ordered through the website are delivered via fast courier to the address indicated by the customer, within 7 business days from order confirmation, depending on product availability. EMAGYL S.R.L is not responsible for delays caused by courier service providers or independent factors outside its control.
21. Right of Withdrawal
According to GEO no. 34/2014, the consumer has the right to withdraw from the contract without giving reasons, within 14 calendar days from the date of receipt of the products. To exercise this right, the customer must send a written notification to the e-mail address: contact@emagyl.ro. The products must be returned in the same condition in which they were delivered, together with all accessories and original packaging.
22. Returns and Refunds
After receiving and checking the returned products, EMAGYL S.R.L will refund the customer the value of the products within a maximum of 30 calendar days, through the same payment method used by the customer at purchase, except in cases where a different agreement has been made.
23. Dispute Resolution / ADR / ODR
Any disputes arising between EMAGYL S.R.L and consumers will be resolved amicably, through direct contact (e-mail: contact@emagyl.ro). If amicable resolution is not possible, consumers have the right to invoke the alternative dispute resolution procedure (ADR) through the National Authority for Consumer Protection (ANPC) – www.anpc.ro or the European platform SOL / ODR – https://ec.europa.eu/consumers/odr .
24. Applicable law
This contract is governed by Romanian law. Any dispute will be resolved by the competent courts in Romania, in accordance with the current legislation. .
25. Exclusive for Consumers
This website is exclusively addressed to individual consumers. Legal entities (companies, freelancers, etc.) do not benefit from the right of withdrawal provided for in Government Emergency Ordinance No. 34/2014.
