TERMS AND CONDITIONS

I. GENERAL TERMS

II. SERVICE DESCRIPTION. DEFINITIONS

III. USER REGISTRATION

IV. ORDER REGISTRATION AND CONFIRMATION

V. NATURE OF THE CONTRACT

VI. DELIVERY/ACCEPTANCE OF PRODUCTS. SHIPMENT OF THE ORDER.

VII. INVOICING AND PAYMENT. LATE PAYMENT PENALTIES.

VIII. OBLIGATIONSASSUMED BY THE PROVIDER

IX. RIGHTSAND OBLIGATIONS OF THE BENEFICIARY

X. WARRANTY AND PRODUCT RETURNS.

XI. INTELLECTUAL PROPERTY.

XII. LIMITATION OF LIABILITY.

XIII. PRIVACY

XIV. FORCE MAJEURE

XV. APPLICABLE LAW

XVI. FINAL PROVISIONS

XVII. CONTACT

We recommend that you carefully read all of the terms and conditions below, including the information regarding the processing of visitor data on this site; we recommend that you read them before sending us any message/request or making a request to create an account through this site.

I. GENERAL TERMS

Chilli Ideas is the trade name of CHILLI IDEAS SRL, a legal entity based in Bucharest, registered at the Trade Register under number J40/17352/2007, with CUI RO22418870, hereinafter referred to as “Chilli Ideas”.

Your use of this site constitutes your tacit acceptance of the terms and conditions of use set forth below, which constitute the agreement (contract) between the parties. In addition to this set of terms and conditions, we also publish a Personal Data Processing Policy, which we encourage you to read to understand how we may process your personal data, what your rights are and how to exercise them.

As the author/owner/administrator of www.chilli-ideas.ro, Chilli Ideas reserves the right to change and update its content, Privacy Policy, Terms and Conditions of Use at any time without prior notice. Thus, please visit this section periodically to check the terms and conditions you have agreed to abide by.

II. SERVICE DESCRIPTION. DEFINITIONS

The website www.chilli-ideas.ro hereinafter referred to as the Site, is used by CHILLI IDEAS SRL, the company having exclusive intellectual property rights over the content of the Site, hereinafter referred to as the “Site Owner/Provider”.

The Website is a virtual space through which Chilli Ideas, as a provider, ensures the creation and delivery of personalized goods and/or services to people who access the Website as beneficiaries.

The images are presented on the website as examples and the products delivered may differ from the images in any way due to changes in features or design without prior notice by S.C. CHILLI IDEAS S.R.L. So, to ensure that the results will be in accordance with reality, please request a sample. In the event that you do not choose to evaluate a physical sample, S.C. CHILLI IDEAS S.R.L. will not be held responsible for any differences in images between the product presented on the website and the one delivered, the risks being transferred entirely to you.

The following terms will be defined as follows:

Beneficiary – The professional/person who has entered into a Contract with the Site Owner as defined below;
Customer – any person who accesses the Site and places an order for the purchase of goods and/or services, consisting of promotional materials, as a representative of a legal entity or in his/her own name.
Order – the request sent in electronic format by which the Beneficiary expresses his intention to purchase goods or services presented in the Chilli Ideas online shop offer;
Account – the section of the Site consisting of an email address and password that allows the Customer to submit the Order and contains information about the Beneficiary;
Contract – Order confirmed by telephone (by a telephone confirmation call from the Provider to the Beneficiary) or electronically, by the Client/Beneficiary confirming in writing the offer sent by the Provider
Content – all information published on the Site that can be viewed/accessed using electronic equipment;
Products – any product, good or service of a promotional nature to be supplied by the Provider to the Beneficiary as a result of the Contract;
User – any person who accesses the Site in order to consult the Site Owner’s commercial offer, whether or not placing an order for the provision of services;

III. USER ACCOUNT REGISTRATION

In order to place an Order for Products offered by Chilli Ideas, on behalf of the Customer, the User will register for free on the Site. Registration requires a valid email address and access will be based on a password defined by the User (the Site Owner does not have access to passwords set by Users). In this regard, the User is obliged and guarantees that he/she provides true, accurate and complete data as requested by the registration form and that he/she has full capacity to engage the Customer in order to place Orders on the Site and conclude Contracts with Chilli Ideas.

Only legal entities and natural persons who are fully competent can create a User account.

For the avoidance of doubt, the Site is not intended for minors and the use, including the creation of a User account for these categories of persons is prohibited. The owner of the Site reserves the right (but not the obligation) to verify the authenticity of Users’ registration data as to their existence.

By accepting these Terms and Conditions, the User agrees to any checks that may be carried out by the Site administrators as a security measure for the reality and accuracy of the data provided.

If it is found that the information provided by the User is inaccurate or inconsistent with that provided by the legal authorities, the owner of the Site reserves the right to suspend or terminate the User’s access to the services of the Site and to refuse current or future attempts to order Products offered on the Site.

If the information provided during the creation of the User account subsequently changes, the User is obliged to promptly update the information contained in the User account. In the event of any error in the submission of the data required for registration, the User may request that the error be corrected by sending a notification to: hello@chilli-ideas.ro.

Each User may create only one User account on the Site. Simultaneous registration of more than one User account is prohibited. Circumvention of this provision is not permitted. User accounts are not transferable.

The Site Owner reserves the right to delete User accounts that have been inactive for a period of 24 months.

The Site Owner reserves the right to delete User accounts whose email address has not been confirmed within 30 days of account creation. Confirmation that the email address on which the account was created belongs to you can be made by accessing the links specifically provided in the emails announcing the creation of the account and requesting confirmation of the account. Once the account is deleted, all content existing at that time in the account will also be deleted.

By creating the account, the User expressly declares and warrants that:

-has full capacity to practice;

-all information provided is complete, true and accurate;

-understands that it is solely responsible for the security of the User name and account password and will not allow others to access the User account. Any breach or suspected breach of User account security must be reported immediately to the Site Owner. Chilli Ideas shall not be held liable for any damages of any kind caused as a result of a breach of account security due to the User’s conduct, including, but not limited to, if the User’s device is lost, stolen, infected with viruses or other malware, or the device on which the User is logged in is accessed by any other person, or the security of the email account associated with the User’s account is in any way compromised;

-understands that it has no right to use automated means, including scripts, bots, robots, spiders, crawlers and/or any other applications/computer programs that may deceive, or simulate certain activities or statuses on the Site (such as geo-location data), or in any way exploit certain features or vulnerabilities of the Site in order to gain an advantage, for itself or for other Users, in connection with the use of the services offered through the Site

IV. ORDER REGISTRATION AND CONFIRMATION

The services offered on the Site can only be provided on the basis of an Order. The order will be processed as follows.

Orders are processed and fulfilled in the chronological order in which they were registered.

The Beneficiary may request a free non-customized sample of the products they intend to purchase, which will be delivered by the Provider within 2-10 working days of receipt of the request. The request will be made via electronic mail (e-mail), via the contact form of the Website or by telephone.

The Beneficiary undertakes to return the sample within 15 days of receipt or, failing this, to pay the price of one copy (1 Piece) using one of the payment options available on the Site.”

By placing an Order through the Chilli Ideas Website, the Beneficiary agrees to the forms of electronic/telephone communication by which the Service Provider conducts its operations.

An Order placed on the Site includes:

products, consisting of promotional materials, found in the Chilli Ideas online shop

offer;

the Beneficiary’s specifications/indications regarding the requested customizations, if desired. The Beneficiary may opt for the option of delivery of a mock- up/sample/model of the requested Custom Product in order to confirm a larger order;
precise details of invoicing and delivery dates;
other special mentions.

Adding a Product to your shopping cart does not imply that you have reserved that product/service or completed your order and does not create any obligation for Chilli Ideas to proceed with the fulfillment of your Order and delivery of Products.

The steps to complete an Order and conclude the Contract are as follows:

Order registration by generating unique code for each registered Order;
Chilli Ideas takes orders within the working hours (Monday-Friday, between 09:00-

18:00);

Order analysis, stock checking and work in progress by Chilli Ideas
confirmation of the Order by a representative of Chilli Ideas through a telephone or electronic (e-mail) notification, following which S.C. CHILLI IDEAS S.R.L. generates the order in written format. The written order contains at least the following data, sufficient for the conclusion of the contract: identification elements of the Client/Beneficiary, order number, products ordered and quantity, price, payment term, special features of the order, estimated delivery term. The order must be signed by the Client/Beneficiary, which constitutes the conclusion of the contract. The acceptance of the order by signature also confirms that the Beneficiary has taken note of this section of the Terms and Conditions and agrees with them. Any claims subsequent to the conclusion of the contract will not be able to entail the liability of S.C. CHILLI IDEAS S.R.L.

In order to carry out the Contract in good conditions, Chilli Ideas, based on the agreement

expressed by the User, may contact the User by e-mail or telephone in order to request additional information about the Order, in case new elements appear that require the confirmation of the Client/Beneficiary In this case, the order will be validated and the contract of purchase/sale will be considered concluded only on the date of receipt of the new information requested. In the absence of a reply or in the event of a refusal by the Customer/Beneficiary to provide the additional information requested, the Contract shall not be considered validly concluded and Chilli Ideas shall not be obliged to honor the order in question.

The Provider may cancel the Order placed by the Beneficiary, following prior notice to the Beneficiary, without any subsequent obligation of either party to the other or without either party being able to claim damages from the other in the following cases:

non-acceptance by the Beneficiary’s card-issuing bank of the transaction in the case of

online payment;

invalidation of the transaction by the card processor in case of online payments;
the data provided by the Client/Beneficiary in the form on the Site are incomplete and/or incorrect.
Client/Beneficiary disagreement with T&C.
Rejection or disagreement of the Client/Beneficiary with the additional information requested by S.C. CHILLI IDEAS S.R.L.

The beneficiary may cancel the order only under the following conditions, which are set out in limitation:

a). The order has not been confirmed by the Provider and the contract between the two parties has not been concluded;

b). The order has been confirmed by the Service Provider but has not entered the production process, has not been transmitted to the supplier and/or no procedure has been initiated which generates costs for the Service Provider.

For clarity, in any other situation exceeding the two conditions set out above, the Beneficiary is obliged to cover any and all present or future costs, whether or not advanced by the Provider, in connection with the order(s) placed by the former.

If a Product ordered by the Beneficiary cannot be delivered by the Provider for any reason, the Provider shall inform the Beneficiary and return the Product to the Beneficiary within a maximum of 7 (seven) days from the date on which the Provider becomes aware of this fact or from the date on which the Beneficiary expressly expresses its intention to terminate the Contract. If the Beneficiary so wishes, in such a case, the Service Provider may deliver similar products/services to the Beneficiary. Similar products/services shall be agreed between the Provider and the Beneficiary. If no agreement is reached, the Service Provider shall return the consideration for the Product within a maximum of 7 (seven) days from the date on which the parties have established that they cannot reach an agreement

V. NATURE OF THE CONTRACT

Beneficiary agrees that, by completing the Order procedure described above, a contract of undertaking is concluded between the Beneficiary and the Contractor and that the Beneficiary’s benefit from the execution of customized works by the Contractor is the main purpose of the contract.

If the Recipient wishes to purchase non-customized Products from the Site, the parties agree that a sales contract shall be concluded between them.

The Beneficiary agrees that if the execution of the contract resulting from the Order procedure requires the placing of orders over a successive period of time, these orders may be placed by any of its employees/contractors. The Beneficiary accepts that such orders are binding and that the consent of the Beneficiary’s legal representative is not required.

The Contractor may assign and/or subcontract a third party for services related to the fulfilment of the Order, without the Beneficiary’s consent being required. However, the Contractor shall be liable to the Beneficiary for the proper performance of the contractual obligations.

VI. DELIVERY/ACCEPTANCE OF PRODUCTS

The delivery time depends on the availability of the Products in the Service Provider’s stock, the type of customization services indicated in the Order, other work in progress by the Service Provider, and the quantity of Products ordered.

Once the Order has been registered, the Customer will be contacted by a representative of the service Provider, who will give the Customer an estimated delivery date for the Order. At that time, the Customer undertakes to firmly specify the delivery address of the Products.

The products will be delivered to the address specified by the Customer by the Service Provider’s own staff / express courier services chosen by the Service Provider. The Customer accepts that there may be delays to the delivery time estimated by the Service Provider. In this case, the Service Provider shall not assume any liability on behalf of the courier service for any delay caused by the latter.

Delivery of an Order whose value exceeds 1,000 lei will be made at the expense of the Service Provider, to the address specified by the Client.

The delivery of an Order whose value does not exceed 1.000 lei will be made at the Customer’s expense, to the address specified by the Customer at the rates provided in Checkout.

The cost estimates for international deliveries will be the subject of information to the customer after the delivery address has been indicated. S.C. CHILLI IDEAS S.R.L. makes every effort to estimate shipping costs accurately. In the event that there will be additional shipping charges that arise at a given time and that are associated with the Customer/Beneficiary’s order (redirection of goods/order, re-delivery, customs duties, residential delivery costs for individuals, etc.), we reserve the right to charge you as these shipping costs become known to us.

The Service Provider shall ensure proper packaging of the Products and shall ensure the transmission of the accompanying documents. If the Beneficiary observes that the packaging/box/container in which the ordered Products have been delivered shows any visible defect or wear (cuts, bends, stains, dents, etc.), it may refuse delivery and must notify the Provider immediately. Failing such refusal, the Beneficiary shall bear the entire risk as to the condition of the Products delivered.

Customized products may have different packaging from non-customized products without prior notice. Requests for special packaging must be requested in writing and may incur some additional costs.

Size information provided on the Site should be understood as approximate measurements and is subject to error and change. The material, thickness, color, design, technical condition, packaging of individual items and the size and type of packaging units are subject to change. All such changes are not grounds for complaints, even if there are deviations in a single delivery.

Receipt of the Products shall be based on a tax invoice, a Product accompanying notice and/or a delivery-receipt report, drawn up in two original copies after verification of the quality and quantity of the Products, signed by the representatives of each party. The Customer or the person designated by the Customer undertakes to be present at the indicated delivery address within the time period communicated. Otherwise, the Customer shall bear the cost of transport for a possible new delivery, regardless of the value of the Order. Delivery shall be deemed to have been completed by Chilli Ideas when the Products ordered are delivered to the Customer at the address selected by the Customer.

The Beneficiary undertakes to check the condition of the Products at the time of taking delivery of them and to notify the Provider immediately of any apparent defects discovered with a view to their rectification. In the event of failure to fulfil the obligation to check the Products on receipt, the Products shall be deemed to have been delivered in compliance with the conformity standards and to have been accepted without complaint. Any subsequent complaints regarding apparent defects of the Products taken over cannot be taken into account.

The disagreement on the quality of the Products shall be brought to the attention of the Provider by a written notice/e-mail within a maximum of two working days from the signing of the invoice/shipping notice or/and the receipt-delivery report, under penalty of forfeiture. In such a situation, the Service Provider undertakes to find a solution as favorable as possible for the Beneficiary, including but not limited to the granting of discounts, replacement with similar products but meeting at least the quality conditions originally requested, and replacement with products of the same quality. The Beneficiary understands and accepts that the replacement of the Products originally ordered may require a longer period of time, which is why the Service Provider offers the Beneficiary the choice of how to replace the Products. The Beneficiary accepts any delays caused by such disagreement followed by replacement of the Products.

Products presented on the Site may show slight changes in shape or color without prior warning from the Provider and without these slight changes constituting an improper delivery.

The provider uses advanced graphic design, digital image correction and Pantone color management software to strictly adhere to the branding in the marketing materials delivered. The Beneficiary accepts that the Service Provider is a professional who, in creating the Products ordered, uses mixes of color formulas according to an index presented to the Beneficiary prior to delivery of the order. The Service Provider may offer suggestions to the Beneficiary regarding the choice of a color code depending on the materials to which those colors will be applied and taking into account the lighting conditions to which the Products will be exposed.

The Recipient accepts that placing an Order with a color code is a firm specification, and any subsequent complaint about potential differences in color perception shall not constitute non-conformity of the Goods delivered. The Supplier does not guarantee accurate printing of Pantone system colors, especially when printed on non-white items.

The Beneficiary may not reject the Product(s) if the Provider has complied with the requirements/specifications set out in the Purchase Order. Thus, once the Product has been delivered as specified in the Order, the Provider’s obligations are fulfilled and the Beneficiary is forfeited the right to refuse payment. The number of personalized items may vary by 3%, depending on the Beneficiary’s Order.

The risk of loss of or damage to the Products shall pass to the Recipient when the Recipient or a third party designated by the Recipient has taken delivery of the Products.

In the event that the Beneficiary fails to take delivery of the Products on the date set for delivery, for reasons not attributable to the Service Provider, the Service Provider reserves the right to charge, without formal notice or further notification, a deposit fee of 0.5% per day of the invoiced value of the undelivered Products.

The Provider shall not be liable for any deficiencies/defects or damage caused by the Beneficiary or third parties after delivery, for failure to comply with the handling/use and maintenance instructions by the Beneficiary or for interventions on the Products by unauthorized persons.

VII. INVOICING AND PAYMENT

The prices of goods and services displayed on the Site do not include VAT according to the legislation in force. Transport costs are not included in the price of goods and services. The Beneficiary will pay transport costs for goods and services with a value of less than 1000 lei, and above this value, transport will be free, within the limit of delivery to a single location in Romania.

The price, payment method and payment term are specified in each Order. The Service Provider shall issue the Beneficiary with an invoice for the goods and/or services delivered, and the Beneficiary undertakes to provide all the information required to issue the invoice in accordance with the legislation in force.

The Provider shall send the Beneficiary an invoice for the Order in electronic format to the e-mail address specified by the Beneficiary in the Account created on the Site.

The price shall be expressed either in Euro or/and USD and the invoice payment shall be made in Lei, in the Provider’s bank account, at the Euro/USD/Leu exchange rate of the NBR on the day the invoice is issued, or only in Lei.

Late payment of amounts due under the Agreed Order entitles the Provider to apply penalties of 0.1% for each day of delay.

VIII. OBLIGATIONS ASSUMED BY THE PROVIDER

The provider assumes the following obligations:

make the Products available to the Beneficiary in accordance with the conditions

agreed by placing the Order;

to guarantee the quality and quantity of the Products which are the subject of the Order, taking into account their destination – promotional products/goods/services – which are not for industrial use but for advertising purposes;
not to damage in any way the image, brand or prestige of the Beneficiary;
to comply with the specifications and delivery time established following the Order placed.

IX. RIGHTS AND OBLIGATIONS OF THE BENEFICIARY

The beneficiary undertakes:

to pay the Provider for the value of the Products established by placing the Order, where the characteristics of the Products, quantity, unit price, total price, method of payment and delivery terms have been specified;
to endorse in good faith and with a sense of responsibility the layout made by the Contractor, by all means of communication, including electronic correspondence, where it has been agreed and stated in the Purchase Order that a layout is being made for approval,
to endorse in good faith, with care and sense of responsibility, the model/sample made by the Contractor, by all means of communication, including electronic correspondence, where it has been established and stated in the Order that a model/sample is being made for approval;
to comply with the delivery deadlines specified in these Terms and Conditions and in the Order, to take delivery or pick up the Products on the delivery dates set, and to sign all documents relating to the performance of the contract.

The Beneficiary shall be solely responsible for the operation of the Products, any misuse of the products shall exempt the Provider from any contractual liability, and the Beneficiary shall not be entitled to raise any claims against the Provider.

X. WARRANTY AND RETURN OF PRODUCTS

The parties having concluded a contract of performance, the Beneficiary agrees that there can

be no return of the Products performed by the Provider, given the unique nature of the service provided by the Provider to the Beneficiary.

All images of the Products presented on the Site are purely indicative. The goods and services provided are customized/personalized on request, according to the Order made by the Service Provider in the manner indicated above, which is why the customized goods delivered to the Beneficiary are exempt from the right of return/withdrawal provided for in the legislation applicable to distance contracts or off-premises contracts.

However, if the Beneficiary purchases non-customized Products, the Beneficiary has the right to return them within 5 working days from the date of delivery.

If the Beneficiary is a natural person consumer who purchases non-customized Products, he/she has the right to return them within 14 calendar days, under the conditions provided for by the O.U.G. no. 34/2014 on consumer rights and Law no. 449/2003 on the sale of products and associated guarantees.

Furthermore, subject to the above, the Products delivered by the Service Provider shall benefit from a warranty in accordance with the applicable legislation and the commercial conditions indicated by the manufacturers/distributors of the Products subsequently customized by the Service Provider. The warranty of the Products is provided directly by the

Provider or by the manufacturer/distributor of the Products subsequently customized by the Provider. This guarantee does not exclude the Provider’s obligation to verify, in accordance with the provisions of Chap. IV, the qualitative and quantitative acceptance of the Products at the time of takeover

If a Product ordered is covered by a Technical Warranty by means of a Warranty Certificate accompanying the Product upon delivery, the Warranty Certificate will set out the period of the Technical Warranty for that Product.

If the Product delivered has a quality deficiency which was not known at the time of delivery and could not have been known by the Beneficiary by the usual means of verification, the Service Provider undertakes to remedy the said deficiency only if the Conditions of Use and Maintenance have been complied with by the Beneficiary since the date of takeover. Otherwise, the Beneficiary shall forfeit the right to request that the deficiency be remedied.

The Provider undertakes to remedy the deficiency found by one of the following methods, at the Provider’s option:

Product repair;
replacement of the Product;
return the corresponding amount for the Product

When requesting the guarantee, the Beneficiary must notify the Provider in advance and in writing of the deficiencies discovered and must send the Product(s) together with the accessories and accompanying documents to the Provider. If the Product/Products arrive unaccompanied, the Beneficiary shall forfeit the right to the guarantee.

Products with physical defects such as dents, cracks, chips, cuts, products used in unsuitable conditions (exposure to unsuitable conditions, exposure to large variations in temperature or pressure, mechanical shocks, incorrect handling, etc.), exposure to liquids or other substances, contact with chemicals are not covered by the warranty.

XI. INTELLECTUAL PROPERTY

The User expressly declares that he/she is aware that all graphic design and content of the Site including, but not limited to, graphic signs, names, trademarks, symbols, images, texts, multimedia files are the exclusive property of Chilli Ideas, and are protected by Law 8/1996 on copyright and related rights, with the exception of information and graphic elements registered by Users on behalf of Clients, as well as graphic signs belonging to other collaborating entities of the owner of the Site.

Chilli Ideas grants the User a personal, worldwide, royalty-free, non-transferable, non- exclusive license to use the Site. This license is for the sole purpose of enabling the User to access the Site and/or the Chilli Ideas services, as provided by the Company, subject to the provisions of this set of terms and conditions.

The User undertakes not to reproduce, copy, sell or exploit the services, information and/or audio-visual material to which he/she has access as a result of using this Site, in part or in full.

The User is prohibited from modifying, renting, assigning, lending, selling, distributing or creating derivative materials based on the services provided by Chilli Ideas or the software used on the Site.

The Site Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose without the prior written consent of Chilli Ideas or Chilli Ideas’ licensors (if any). The User may not reuse or attempt to extract the source code of the Site unless the User has written permission from the Company. If Chilli Ideas grants the User the right to use the content of the Site in a particular way, the User shall use it only for the purpose for which it was defined and for the period defined in the prior agreement.

The user expressly accepts the use by Chilli Ideas of the work carried out within the framework of the service for the presentation of its portfolio. Chilli Ideas will be able to use the portfolio for the purpose of presenting its client base and its own skills. Chilli Ideas will be able to use the Beneficiary’s business name and identify it (by company name, website, logo, etc.) as a client of Chilli Ideas.

XII. LIMITATION OF LIABILITY

By accessing the Site, the User agrees that use of the Site is at the User’s own risk. Chilli Ideas shall not be liable for any direct or indirect incident or any other loss, cost or expense of any nature whatsoever which may arise as a result of accessing or browsing the Site.

Liability for the proper functioning of the Site and the availability of any service is excluded.

In particular, Chilli Ideas excludes any warranty that:

The site will operate without interruption;
the defects will be remedied, that the Site or the server providing it is free of viruses and other harmful components;
use or the results of the use of the Site or that the materials made available as part of the Services are accurate, timely, accurate, or otherwise reliable.

The Company reserves the right to deny Users access to the Site at any time.

Chilli Ideas is not responsible for any damage caused by viruses, bugs, human actions or any computer system malfunction or any other errors, failures or communication delays in transmissions on the devices.

All information and materials contained on this Site are provided free of charge, without warranty of any kind. The Company reserves the right to refuse or remove images, text or any other content posted on the Site or transmitted by means of distance communication. In no event shall Chilli Ideas Company be liable for any direct, indirect, incidental, consequential or punitive damages arising out of the use or inability to use this Site and shall not be liable for any damages whatsoever resulting from any errors, omissions, interruptions, errors, defects, delays in operation or transmission or any failure of performance of the Site

With the creation and use of the Customer Account, the User is responsible for maintaining the confidentiality of the login data. The User will keep the confidentiality of the username and password and will use it responsibly for the management of orders and facilities provided by Chilli Ideas.

Except for willful misconduct or gross negligence, the liability of the company shall be limited quantitatively to the typical damages foreseeable at the time of conclusion of the contract.

A liability for compensation for consequential loss, in particular for lost profits, will only be awarded in the case of willful misconduct or gross negligence of its legal representatives, executive directors or other persons employed by the company to perform its obligations.

The Beneficiary is obliged, together with its agents, employees, consultants, advisors or associates to keep the Confidential Information belonging to the Provider secret and confidential, under penalty of being liable to pay damages.

“Confidential Information” means any trade secret of the Provider and any information disclosed by the Provider to the Client, in writing, by electronic message or in any other form of communication, material, or obtained by the Client through its own observations, direct or indirect, made at the place of business, including but not limited to data, analyses, reports, manuals, studies, ideas, concepts, software, source code, know-how, techniques, methodologies, databases, technical data compilations, designs, specifications, drawings, matrices, memoranda, forecasts, correspondence, diagrams, models, flow charts, computer programs, business plans/procedures/strategies, territorial coverage, financial plans/strategies, marketing plans/strategies, any documents, prepared by the Provider, or any of its officers, employees, agents or consultants, including but not limited to costs, products, equipment, marketing, methods, training programs, customers, suppliers, dealers, lenders, employees, specifications, any other technical, financial, commercial or business information of the Provider, whether or not the term “confidential” is used, or the like.

Subsequent to the conclusion of the contract by placing the Order, a contracting party is not entitled, without the written consent of the other party:

to make the contract or any provision thereof known to any third party other than

those persons involved in the performance of the contract;

to use information and documents obtained or to which he has access during the term of the contract for any purpose other than that of fulfilling his contractual obligations;
disclose to a third party information which the party makes available to the other party for the purpose of fulfilling the object of the contract.

Disclosure of any information to persons involved in the performance of the contract shall be made in a confidential manner and shall extend only to that information necessary for the performance of the contract.

A contracting party shall be exempt from liability for disclosure of information relating to the contract if:

the information was known to the Contracting Party before it was received from the other Contracting Party; or
the information has been disclosed after obtaining the other Contracting Party’s written consent to such disclosure; or
the contracting party was legally obliged to disclose the information.

Notwithstanding the above, the Beneficiary expressly agrees that the name of the project, its name and its status as a client/partner of CHILLI IDEAS SRL may be publicly communicated by the Provider for promotional purposes, including through the media (e.g. print media, TV), on the website https://www.chillideas.ro/, in promotional materials or offers issued by the Provider. The Beneficiary declares and understands that by expressing agreement, the Provider may make these data public without prior notice to the Beneficiary and that it is not entitled to claim any claims or damages for such disclosure, unless the Provider has used these data in a way in which the Beneficiary’s interests are seriously harmed.

XIV. FORCE MAJEURE/FORTUITOUS EVENT

The Site Owner is not obliged to comply with the obligations set out in the Terms of Use as a result of a cause beyond its control, including but not limited to fortuitous events (e.g. legal measures in strike situations, also when they occur in third party companies, official measures taken by authorities, failure of communication networks and portals of other providers, disruptions concerning network operators and other failures), other actions/inactions for which the site administrators are not responsible.

Neither of the contracting parties shall be liable for the failure to perform on time or/and the improper performance – in whole or in part – of any obligation incumbent upon it under the contract arising from the placement of the Order, if the failure to perform or improper performance of that obligation was caused by force majeure/fortuitous event. By way of example and without limitation, the following shall be considered force majeure: export/import bans issued by a governmental authority, strikes/demonstrations blocking means of transport and supply, fires, floods, pandemics, earthquakes, exceptional weather conditions and preventing the proper performance of the contract.

In the event of force majeure, both the Provider and the Client/Beneficiary may request the termination of the Contractor’s contract, if the force majeure does not cease within 30 days of the occurrence of the force majeure, or the adaptation of the contract in such a way that both parties can perform their obligations.

XV. APPLICABLE LAW

By accessing this site, the User accepts that any dispute related to accessing the Site and the contract arising from the placement of the Order shall be governed by and construed in accordance with Romanian law, and the User agrees to submit to the exclusive jurisdiction of the competent Romanian courts within the territorial jurisdiction of the Provider. Chilli Ideas does not warrant that this Site is subject to the laws (including intellectual property laws) of any country outside of Romania.

XVI. FINAL PROVISION

This set of Terms and Conditions represents the agreement of the parties and governs the User’s use of the Chilli Ideas services, superseding any prior agreement between the User and the Site owner.

If, after the launch of the Site, additional services made available on the Site are implemented, these services will be subject to the same rules and conditions contained in these clauses, if they do not benefit from conditions distinct from these clauses.

By accessing and registering data on this Site, the User/Beneficiary/Customer accepts the above terms and conditions, which have the value of a contract of enterprise/sales contract between the Customer and the owner of the Site.

If the User/Beneficiary/Customer does not wish to be bound by the above rules, he/she shall not use the services provided by this Site.

XVII. CONTACT

The company can be contacted at Știrbei Voda nr. 114-116, Domus II, 1st floor, Sector 1, Bucharest, Romania, e-mail: hello@chilli-ideas.ro.

Unless the User communicates any change, notifications will be sent to the contact details provided by the User and such notifications will be deemed to have been received by the User.

ABOUT CHILLI

PERSONAL AREA

CUSTOMER SERVICE