I. General presentation
The terms used in this section and in the rest of the document are defined in section II of this document.
This "Terms and Conditions" document applies to the sale of services or products through the platform present on the domain www.cartelo.ro, hereinafter referred to as the "Platform".
Placing an Order on the Platform implies reading, understanding and acceptance of the terms below by any Client.
The Provider reserves the right to make changes to the content of the Platform, as well as within the Terms and Conditions document, without any prior notification to the Clients.
In case of divergence or misunderstandings between the Provider and the Client, the Terms and Conditions valid at the time of placing the Order by the Client will apply.
The relationship between the Provider and the Client is governed by the following:
OG no. 21/1992 regarding consumer protection;
GEO no. 34/2014 on consumer rights in contracts concluded with professionals;
Law no. 363/2007 on combating unfair practices of traders in their relations with consumers and harmonizing regulations with European legislation on consumer protection;
Law 365/2002 on e-commerce.
GEO 141/2021 on certain aspects relating to contracts for the supply of digital content and digital services.
II. Definitions
"Platform" - the application that offers functionality present on the domain www.cartelo.ro;
"Functionality" - the e-commerce functionality carried out on the Platform in the sense that the Client contracts the online mobile phone card recharge service for Vodafone, Orange and Digi Romania operators on the Platform;
"Client" - a natural person who obtains access to the functionality, content and products on the Platform by placing an Order;
“Order” - the document that occurs between the Provider and the Client, by which the Client transmits to the Provider through the Platform his intention to purchase the Recharge Functionality on the Platform;
“Provider” - the owner of the Platform operating on the domain www.cartelo.ro mentioned in the final part, section VII of this document;
“Transaction” - the transmission of an amount by using the services of the card processor approved by the Provider, namely Mollie B.V.;
“Recharge” - the purchase of a credit value for recharge selected by the Client. Recharge is carried out through a banking service;
III. Online sales
1. Access to the functionality
The functionality is allowed to any Client who registers an order on the Platform.
Registering an Order leads to the creation of an automatic user account, the Client not being conditioned to use this functionality and having the right to request the deletion of this account in accordance with the Platform's Privacy Policy.
Creating the account does not require any additional personal information to those mentioned in this document or in the "Privacy Policy".
The Client must accept the provisions of this document as well as the provisions of the "Privacy Policy" document mentioned on the Platform in order to benefit from the Functionality offered by the platform.
The Provider reserves the right to limit or deny the Client's access to the Functionality depending on the latter's behavior without any obligations to either party for the following situations:
-Invalidation of the online transaction or refusal by the payment processor / issuing bank of the Client's card;
-Provision of incomplete or incorrect data by the Customer necessary to fulfill the Order;
-Non-compliant activity of the Customer that may cause damage to the Platform or the Provider;
-Other reasons likely to prevent or hinder the provision of the Functionality by the Provider.
2. Online Orders
Placing the Order online requires the Customer to completely and correctly complete the forms presented on the Platform, without which the Functionality cannot be delivered by the Provider.
These forms require completion with the data necessary to provide the Functionality, namely: phone number, credit value for recharging the prepaid card, name, first name, email address and ticking the acceptance of the "Terms and Conditions" and "Privacy Policy" documents
After correctly completing the forms, the Client is directed to the card payment section offered by the Mollie provider where it is necessary to complete the information necessary to pay for the Order for the provision of the Functionality, by the Client.
The order and respectively the recharging of the prepaid credit can only be made under the conditions that the Client has provided the necessary data to provide the Functionality completely and correctly and there are no errors in the Platform that occurred without the intention or knowledge of the Provider, namely:
The Client's data provided by him through forms or other means of communication are complete and correct;
There are no errors in the Platform that could generate incorrect information to the Client that cannot be honored by the Provider through no fault of the latter;
The phone number provided by the Client is incorrect, incomplete or is of a type other than Prepay - namely, it is a subscription number that cannot be recharged with credit.
In the event of errors in any of the steps necessary to place an Order, the Client may contact the Provider through the means provided on the Platform or by email at contact@cartelo.ro.
3. Payment of orders by card:
The functionality provided by the Provider can be paid for by the Client only through the Mollie payment processor. The payment types currently accepted through the payment processor are bank cards under the VISA and MasterCard logos, Google Pay or Apple Pay.
The Provider does not store or manipulate information regarding the card payment method, this information being processed and/or stored by the Mollie payment processor. For specific information regarding the data provided and how it is used, the Client may access the mollie.com website developed by the Mollie processor.
4. Functionality
The Provider may activate or deactivate the ability to purchase certain Functionalities by one or more Customers on its own initiative without prior notice to the Customers.
The prices displayed on the Platform are expressed in lei (RON) and euros (EUR).
The information available on the Platform for the description of the Functionality offered by the Provider, namely: texts / images / animations / presentations, does not represent a contractual obligation of the Provider towards the Customer, these being for presentation purposes.
5. Distance contract
The distance contract is considered concluded by the Provider when the order placed by the Client is confirmed and processed electronically by the Mollie payment processor, in accordance with the relevant legal requirements.
The contract is concluded for a fixed period. It will be considered terminated when the parties have fulfilled their mutual obligations under the terms and conditions established by this document.
If the Client has purchased a recharge subscription, recurring payments will be collected by the Mollie processor automatically in the number of recurring payments that have been selected by the Client. The Client has the option to cancel a subscription at any time from the ep client account that he has on the Platform. The Client can have an unlimited number of active subscriptions that he can manage from the Client account.
The delivery of the Customer's Order is in accordance with the contract if it complies with the description, quantity and quality of the characteristics mentioned when placing the Order.
There is no non-conformity, and the Provider's obligation is fulfilled, when a certain characteristic of the Order does not correspond to the objective requirements if, at the time of concluding the contract, the Customer was informed explicitly and in a clear language that allows him to understand the consequences of that non-conformity, and the Customer expressly and separately accepted this at the time of concluding the contract.
In the event of changes that could significantly change the Customer's experience, the Provider will notify the Customer in advance, without requesting additional costs for this. If the change could have a negative impact on him, the Customer will have the right to obtain termination of the contract.
6. Order Cancellation
The Provider reserves the right to unilaterally cancel the Order placed by the Client, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other in the following cases, in the situations mentioned below:
-Non-acceptance by the issuing bank / payment processor of the Client's card;
-Invalid online transaction;
The Client's activity causes or may cause damage to the Platform www.cartelo.ro, the Provider or its partners;
The Client uses the PLATFORM in a non-compliant or bad faith manner or exercises his rights in order to harm or damage the Provider or in an excessive and unreasonable manner
For any Order placed, the Client is obliged to verify and accept the contractual framework described in this document.
7. Limitation of liability
The Provider cannot be held liable to any natural or legal person who uses or relies on the content presented on the Platform.
The Provider cannot be held liable for any kind of damage (direct, indirect, accidental or not, etc.) resulting from the use or inability to use the information presented on the Platform.
The Provider is not liable for entries that are not uploaded to the Site, including, but not limited to technical problems beyond the Provider's control, losses, delays or any other situations arising when placing an order caused by service providers and/or the Internet, the Internet connection of the Client who wishes to place an Order, etc.
The User or Client uses the Platform assuming his own responsibility, the Provider being free from any liability for direct or indirect damages caused by the use/access/visit of the Platform or as a result of the use of the information presented on it.
The Provider is not responsible for errors or omissions that may occur in the drafting or presentation of materials on the Platform.
The Provider does not guarantee the User / Client access to the Platform and does not grant him the right to download or modify partially and/or entirely the content presented on the PLATFORM, to reproduce partially or entirely the content, to copy, or to exploit any content present on the Platform in any other manner or to transfer to any third party any content to which he has and/or has obtained access, based on a user agreement, without the prior written consent of the Provider.
The Provider is not responsible and cannot be responsible for the content, quality or nature of other sites that are reached through links from the Platform content, regardless of the nature of these links. For the respective sites, the responsibility lies entirely with their owners.
The Provider is exempt from any liability in the event of the use of the Platform and the content presented on it to the Client by any means through the website, e-mail or an employee of the Provider when this use of the content may cause or actually causes damage of any nature to the Client and/or any third party involved in this transfer of content.
The Provider does not offer any direct or indirect guarantees that the delivery of the Order will be appropriate to the Client's requirements or that it will be uninterrupted, secure or without errors of any type or that the products obtained free of charge or for a fee through the Platform will meet the Client's requirements or expectations.
The Provider cannot be held liable in any way to any Client who uses the Platform or its content other than within the limits of the articles constituting the Terms and Conditions.
The Order is considered provided when the products therein become available to the Client.
In the event of a non-conformity, the Provider shall bring the Order into conformity within a reasonable period of time which may not exceed 30 calendar days from the moment the Provider was informed by the Client of the non-conformity and which is established by mutual agreement, in writing, between the Provider and the Client, free of cost and without any significant inconvenience to the Client, taking into account the nature of the Order and the purpose for which the Client requested it.
The Client has the right to bring the Order into conformity, unless this would be impossible or would impose costs on the Provider that would be disproportionate, taking into account all the circumstances, including: a) the value of the Order if the non-conformity had not existed; b) the seriousness of the non-conformity.
In case of non-compliance, the Customer has the right to suspend payment of an outstanding part of the Order price until the Provider brings it into compliance, provided that the suspended payment does not relate to an Order already provided by the Provider and which was compliant.
8. Recurring / Periodic Payments
Together with the approved payment processor, we offer you a recurring / periodic payment module to allow you to make automatic payments, at regular intervals.
The possibility of benefiting from recurring payment is conditioned by the creation of a user account.
You choose the amount of money related to the credit you want to recharge, the phone number and the duration of the payment recurrence, in 30-day periods - for example 1 month, 2 months, 6 months, etc.
You can stop the recurring payment for any Order in the customer account at any time.
The recurring payment stops automatically when the period selected when creating the Order has ended (example - when creating the order the Customer opted for 3-month recurrence, the automatic payment stops after 3 months).
IV. Fraud
The Provider does not request from the Clients by any means of communication information regarding confidential data, bank accounts / cards or personal passwords, etc.
The Client assumes full responsibility for the disclosure of his confidential data to a third party.
The Provider will not be held liable in the event that a Client would be or is prejudiced in any way by a third party who would claim to be or represent the interests of the Provider.
The Client will inform the Provider about the existence of such fraud attempts, using the means available on the Platform.
The following goals achieved or not will be considered an attempt to defraud the Platform and or the Provider and criminal investigation will be initiated against the person or persons who tried to or have achieved this goal(s):
-Accessing data of any type of another Client by using an account or by any other method;
-Altering the content of the Platform or the content sent by the Provider to the Customers;
-Affecting the performance of the Platform
V. Force majeure and fortuitous event
Except in cases where it has not been expressly provided otherwise, neither party to a concluded contract, which is still ongoing, shall be liable for the failure to perform on time and/or in a proper manner, in whole or in part, any of the obligations incumbent upon it under the Contract, if the failure to perform the respective obligation was caused by a force majeure event.
The party or the legal representative of the party invoking the aforementioned event is obliged to immediately and completely notify the other party of its occurrence and to take any measures at its disposal in order to limit the consequences of the respective event.
The party or the legal representative of the party invoking the aforementioned event is exempted from this obligation only if the event prevents him/her from completing it.
If, within 15 days from the date of occurrence, the respective event does not cease, each party shall have the right to notify the other party of the automatic termination of the Distance Contract, without any of them being able to claim any other damages from the other.
The party invoking the force majeure event must prove the impossibility of performing the obligations within 30 days from the date of its occurrence.
VI. Disputes
By using/visiting/viewing etc. the Platform and or any content presented on it and the content transmitted by the Provider by any means (electronic, telephone, etc.) by and to the CLIENT, the CLIENT declares his agreement at least with these Terms and Conditions.
This Contract is considered concluded in Romania and, consequently, is governed by the legal provisions applicable on the territory of Romania. Any dispute with reference to this document that may arise between the Client and the Provider will be resolved amicably. If the amicable resolution of the conflict is not possible within 30 days of registering the complaint, it will be resolved by the competent court at the Provider's headquarters.
VII. Final clauses
The Provider reserves the right to make any changes to the provisions of this document, as well as any changes to the Platform and its structure and the Service, including changes that could affect the Functionality, without prior notification to the Client in this regard.
The Provider cannot be held responsible for any errors that may occur on the Platform for any reason, including due to changes, settings, etc.
In the event that there are questions or suggestions regarding the Provider, you can contact us at the electronic correspondence address: contact@cartelo.ro or through the contact form present on the PLATFORMA.
The Provider and owner of the Platform is Gurtavenco Daniel PFA, headquartered in Braila, Strada Mihai Eminescu no. 16 and CUI: 51869572
This agreement between the parties has been drafted in accordance with the legislation applicable on the territory of Romania.