Terms and Conditions
1. Definitions
The smartpass.ro website is operated by Smartpass Technology SRL. These general terms and conditions apply to all sales of goods and services by Smartpass Technology SRL to the Buyer and may only be amended with the express written consent of both parties. The following terms mean: “Buyer” – the person, firm, company or other legal entity that places an Order. “Seller” – SC Smartpass Technology SRL, registered office in Gheorgheni, Piața Libertății nr. 12/8, Trade Register no. J19/166/2021, VAT ID RO43903606. “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. “Order” – an electronic document serving as communication between Seller and Buyer, by which the Buyer expresses the wish to purchase Goods and Services from the Seller and agrees to receive and pay for them. “Contract” – an Order confirmed by the Seller. “Intellectual Property Rights” – all intangible rights such as know-how, copyright and related rights, database rights, design rights, model rights, patents, registered trademarks and domain name registrations. “Specifications” – all specifications and/or descriptions of the Goods and Services as stated in the Order.
2. Invoicing – payment
The price, payment method and payment term are specified in the Order. The Seller will issue the Buyer an invoice for the Goods and Services delivered; the Buyer must provide all information required to issue the invoice under the legislation in force.
3. Risks and responsibilities
A. Delivery The Seller undertakes to ship the Goods and Services to the Buyer by door-to-door courier. B. Transport – packaging Unless the Seller and the Buyer agree otherwise, the risks and responsibilities associated with the Goods and Services pass when they are handed over to the Seller's courier partner or to the Buyer's representative. The Seller will ensure the Goods and Services are properly packaged and that the accompanying documents are provided. The Seller delivers within Romania.
4. Liability
The Seller cannot be held responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller performing any of its obligations under the Order, nor for damages resulting from the use of the Goods and Services after delivery, in particular the loss of products. The Seller is liable if its subcontractors and/or partners of any kind involved in fulfilling the Order fail to meet any of their contractual obligations.
5. Force majeure
Neither party is liable for failing to perform its contractual obligations if the failure is caused by force majeure. Force majeure is an unforeseeable event beyond the parties' control that cannot be avoided.
6. Governing law – jurisdiction
This contract is governed by Romanian law. Any disputes between the parties will be settled amicably or, where that is not possible, by the competent Romanian courts.
7. Miscellaneous
The parties are independent contractors and neither is granted the right or authority to assume or create any obligation on behalf of or to the detriment of the other. These terms supersede any prior written or oral agreements between the parties on the subject of this contract and may only be amended by a written agreement signed by both parties.