Welcome to Why DENIS online shop!
This is the official website for shopping online the Why DENIS brand.
Please read our conditions carefully before placing an order. By using this website and placing online orders you agree to the terms and conditions mentioned below. Before placing an order, in case you have questions please submit them in writing at the following address: firstname.lastname@example.org
Terms and Conditions
1.1. These terms are valid for the commercial business undergone by: DENIS SHOES S.R.L
Address: Str. Calea Unirii nr. 20J, Suceava
Registration number: J33/1331/2005, CUI: RO18044107
Social capital: 178.000 lei
Account: RO75BRDE340SV1234823400, BRD Suceava Bank
Tel: 07560DENIS meaning 0756033647
Hereinafter referred to as “Why DENIS” and “Customer” and/or “User” – natural person who places an order using the website platform www.whydenis.com or by other methods clearly indicated in this contract and acquires the products marketed by Why DENIS.
1.2. These constitute the framework for the contractual relations between the parties, of which the customer got knowledge through reading and accepting them on placing the order or registering as user on the website www.whydenis.com and is only valid for the natural persons and not for the legal ones.
1.3. If the parties have concluded a contract containing specific terms, that contract shall prevail, while these terms shall complement that contract save as otherwise provided in the contract, which shall be implemented as a matter of priority and is not valid for legal persons. If a legal person desires to be issued an invoice, then another contract shall be drawn up and the terms and conditions shall be discussed.
1.3. The entire communication shall be carried out by fax or e-mail. Telephones are not to be taken into consideration.
2.1. The following terms shall have in this contract the meanings indicated below:
a. WEBSITE / DOMAIN – all the information on the WEBSITE that may be visited, visualized or otherwise accessed by using a computer;
b. CONTENT - the content of the website as well as of any newsletter or e-mail sent to its USERS or CUSTOMERS by Why DENIS by electronic means and/or any other means of communication available, as well as any other information sent by any means by an employee of our company to the USER or CUSTOMER, based on the contacting information he had mentioned or not; information concerning our products, services and/or prices practiced by Why DENIS in a certain period of time;
c. SERVICE – the electronic commerce service carried out exclusively in the WEBSITE areas available to the public, as meaning that the CUSTOMER is being given the opportunity to contract products and/or services using electronic means, but also by other means of distance communication (such as on the phone).
d. USER – The natural or legal person, whether governed by public or by private law, having or gaining access to the CONTENT by any means of communication (electronic, on the phone, etc.) or based on a usage agreement between him and Why DENIS;
e. ACCOUNT – the set of an e-mail address and a password allowing a single USER access to restricted areas of the WEBSITE rendering access to the SERVICE.
f. CUSTOMER – The natural person whether governed by public or by private law, having or gaining access to the CONTENT or SERVICE, by any means (electronic, on the phone, etc) or based on a usage agreement between him and Why DENIS, benefiting from the products and/or services offered by Why DENIS and acquired by him via the SERVICE;
g. CONSUMER – any natural person or group of persons forming associations, acting outside their commercial, industrial or production, handcrafted or liberal activities;
h. DOCUMENT – this document entitled Sale and Purchase Terms and Conditions;
i. NEWSLETTER – the way of providing information on a periodical basis, only by electronic means, on the products, services and/or promotions practiced by Why DENIS in a certain period of time, Why DENIS undertaking no commitments regarding the information contained;
j. TRANSACTION – receiving or reimbursing payments resulted from selling a product / service by Why DENIS to the Customer no matter the method of delivery used;
k. DISTANCE CONTRACT – the contract for the delivery of products or services concluded between Why DENIS and a customer acting as natural person, as part of the selling system organized by Why DENIS, using exclusively, before and on signing this contract one or more distance communication techniques.
Object of the Contract
3.1. The object of the contract refers to the marketing of Why DENIS products, based on its commercial offer between natural persons and DENIS SRL Company.
3.2. These commercial terms are applicable to all the distance operations for the selling / purchasing of goods and which use the methods indicated in this Document concluded between natural persons and our company.
3.3. This Document sets the terms and conditions of use of the website / content / service by the user or customer, in case he had not concluded with Why DENIS another distinct contract, which will have priority.
3.4. When signing in, each User is bound to read these terms. Only those who have expressly consented to these terms may acquire the statute of Users and/or Customers of Why DENIS.
General Conditions of Using the Website/Service
4.1. The access to the SERVICE is made exclusively by accessing the public website www.whydenis.com
4.2. Using, including but not limited to accessing, visiting and visualizing the content/service implies the user or customer’s adherence to these terms and conditions, except for the case in which the content does not include conditions of use expressed separately.
4.3. By using the website/content/service, the User or Customer becomes the only responsible for all the activities entailed. He shall also be responsible for the material damage or of any other kind caused to the website, content, service, Why DENIS or to any third party with which Why DENIS has concluded contracts, in accordance with the Romanian law in force.
4.4. If the User or Customer does not agree and/or does not accept and/or withdraws the approval given on the document:
4.4.1. He then renounces: the access to the service, other services offered by Why DENIS through the website, receiving newsletters and/or information of any kind from Why DENIS (electronic, on the phone, etc), without any subsequent guarantee from Why DENIS.
4.4.2. Why DENIS shall erase all the data related to this from its database, without either party bearing an obligation towards the other or without either party being able to claim the other one damages.
4.5. The Customer / User may at anytime reverse his decision already taken on agreeing and/or accepting the document, in the form in which such data is available at that particular time.
4.6. In order to exercise his right laid down in Article 4.4 and/or 4.5, he can contact Why DENIS or use the links provided for in the content received from Why DENIS intended to this purpose.
4.7. The Customer cannot revoke the agreement expressed in favor of the document during the execution of a Contract, or not until he paid the equivalent of all the Contracts still outstanding related to Why DENIS.
4.8. If the Customer already paid the equivalent value of all the outstanding Contracts related to Why DENIS and he revokes his agreement expressed in favor of the document during the execution of an Order, then Why DENIS shall cancel his Order without either party bearing an obligation towards the other or without either party being able to claim the other one damages.
4.9. Why DENIS reserves the right to modify or interrupt, temporarily or permanently, partially or totally, the services made available via this Website, with or without prior notification.
4.10. Why DENIS is not responsible to the Users or any third party, person, entity or institution for the amendment, suspension or interruption of the services made available via the Website.
4.11. Why DENIS may change at any time the content and the conditions of use of the Website. The new conditions become valid starting from the moment they have been made public by registering on the Website, without retrospective effect.
4.12. Why DENIS reserves the right to make any kind of modifications to these provisions, as well as any amendments to this Website/its structure/services provided, including changes that may affect the Website and/or any part of the content of the Website without prior notification to the Users.
4.13. Why DENIS reserves the right to introduce advertising materials of any kind and/or links on any page of the Website, in accordance with the legislation in force.
5.1. The information/image-based content presented on the Why DENIS website is the intellectual property of Why DENIS.
5.2. The Customer/User is not allowed to copy, transfer, modify and/or otherwise change, use, attach to, expose, include any content to any other context than the original one intended by Why DENIS, use the content or any other of its parts outside the Why DENIS website, remove the sign indicating Why DENIS copyright over the content or take part to the transfer, sell, distribution of materials resulting from the reproduction, modification or exposure of the content, except with the express consent of Why DENIS.
5.3. Any content to which the User or Customer has and/or gains access by any means is bound by the terms of this Document, if the content is not accompanied by a specific valid agreement of use concluded between him and Why DENIS, and without any guarantee implicitly or explicitly expressed by Why DENIS regarding this content.
5.4. The Customer/User may copy, transfer and/or use the content only for private and non-commercial purposes, and only if they do not conflict with other provisions in the document.
5.5. If Why DENIS gives the Customer/User the right to use a certain content in the form described in a separate agreement of use, to which the User has or gains access based on this agreement, this right shall extend only over that or those parts of the content defined in the agreement, only during the existence of the content(s) on the website or during the period of time defined in the agreement, in accordance with the conditions specified, if there are any, and it does not represent a contractual commitment made by Why DENIS for that User, Customer or a third party who has/gains access to this content transferred, by any means, and who is or could be affected in any way by this content, during or after this agreement of use has expired.
5.6. The contents sent to the User or Customer, by any means of communication (electronic, on the phone, etc) or acquired by accessing, visiting and/or visualizing do not represent a contractual obligation from Why DENIS and/or a Why DENIS employee who interfered in the content transfer, if there is one, regarding that content.
5.7. Any use of the content for other purposes than those expressly permitted through the document or the Usage agreement attached to it, if there is one, is forbidden.
6.1. Why DENIS publishes on the website its complete and correct data of identification and contact needed by the Customer or User.
6.2. By using the contact form or the service available on the website, the User or the Customer authorizes Why DENIS to contact him by any means available including electronic means, but the communication regarding the orders is conducted only through fax or e-mail.
6.3. The partial or complete filling in of the contact form and its sending does not mean that Why DENIS made any kind of commitment to contact the User or Customer.
6.4. Accessing the website, using the information presented, visiting the pages and sending e-mails or notifications to Why DENIS is conducted electronically, via telephone or using any other means of communication to which the User or Customer and Why Denis have access, the User/Customer agreeing therefore to receive the notifications from Why DENIS electronically and/or via telephone, including communications by e-mail or by notices published on the website.
6.5. Why DENIS reserves the right to fail to answer to all the requests of any kind, received by any means of communication (electronic, on the phone, etc).
Online Selling Policy
7.1. In order to be allowed the access to the service, the User has to agree to the provisions in the document.
7.2. Access to the service is permitted to any User.
7.3. The User is fully responsible for the protection of confidentiality of the password associated with the access to his account.
7.4. Each User shall refer the matter to Why DENIS regarding any unauthorized use of his password and his registration. Why DENIS shall not be made responsible for any moral or material damage produced as a consequence of the Users’ non-compliance to this provision. If it is determined that other persons have used a User account then Why DENIS reserves the right to suspend or deactivate that account and refuse all on-going or future attempts to use the Database.
7.5. Why DENIS reserves the right to limit the User/Customer access to the service, based on his behavior towards Why DENIS, as well as when the User uses on the website or in his communication with Why DENIS an inadequate language or produces a material or image prejudice to Why DENIS or its partners.
7.6. It is forbidden to share an account between more customers. If such a situation is discovered, then Why DENIS reserves the right to cancel or suspend the customer’s access to the content or service. In this situation, the customer/customers jointly using the same account shall not benefit anymore of the special offers provided by Why DENIS.
7.7. If a customer placed an order that he did collect or cancelled it, then Why DENIS reserves the right to block the customer’s account, without prior notification.
8.1. The products marketed via the website www.whydenis.com are new, in the Why DENIS package and on delivery they are accompanied by the invoice, according to the legislation in force. The products and services are sold with full regard and respect of the provisions set in this document and limited to the available stock on hand. For this reason, Why DENIS reserves the right not to honor a certain order if that product is not to be found anymore in the current offer of Why DENIS or if other problems interfere and prevent Why DENIS to honor the order.
8.2. The prices of the products presented include the VAT and also the delivery costs only for those addresses on the Romanian territory and only if the total amount of one order/ package is a minimum of 250 Ron.
8.3. The purchase price printed on the invoice is the same as the price published on the website and set by the Why DENIS customer advisor on confirming the order as a firm order.
8.4. Why DENIS does not offer any guarantee, except for the ones provided in the applicable law in what concerns, including but without limitation to, the Website operation, information, accuracy of descriptions, content update, products on the website and their matching for a particular purpose. The users expressly agree that using this website and buying the products and services takes place at their own risk, the only derogation being the obligation of Why DENIS to give the users the right to unilaterally denounce the contract pursuant to the legislation in force, which right is described in detail in this document.
8.5. The images published on the website are given as example, and the products delivered may differ from the images presented in any way (color, accessories, aspect, finish, etc.).
Validity of Prices and Special/Promotional Offers
9.1. Why DENIS reserves the right to change the price lists practiced for the products and/or services available on the website without prior notification of the User or Customer.
9.2. The acquisition price of the products and services is the one from the time the order was placed, limited to the available stock on hand.
9.3. The acquisition price of the promotional products and services is the one from the time the order was placed, limited to the available stock on hand and/or of the promotional period of time, if it is definitive.
9.4. The acquisition price of the products and services which are part of an already issued order cannot be changed after its issue except with the consent of the parties.
9.5. The acquisition price of the products and/or services from an honored contract cannot be changed.
9.6. The Customer may renounce the products and services purchased by order, only in the time elapsed between the issue of the order and its conversion into contract, and only if the method of payment chosen is on delivery.
9.7. The Customer may renounce the products and/or services purchased by contract, in accordance with the regulations in force.
10.1. The Customer may place orders on the website for the marketed products at any given time.
10.2. By completing the order, the Customer agrees that all the data he provided in the buying process are correct, complete and true at the time of placing the order, also referred to as issued order.
10.3. By completing the order, the Customer agrees that Why DENIS may contact him, for the following purposes / in the following situations, by any means available / consented by Why DENIS, depending on the purpose/situation:
10.3.1. Validating the availability of products and quantities purchased by the Customer;
10.3.2. Establishing by mutual agreement the details concerning the delivery of the products;
10.3.3. Informing the Customer on the stage of products delivery, the payment conditions, as well as on any possible problems occurring during contract performance on which the order is based.
10.4. Why DENIS may denounce automatically the order placed by the Customer, without any prior obligation of either party to the other or without either party having to claim damages, in the following circumstances:
10.4.1. The data provided by the Customer on the website or in the order are incomplete or incorrect;
10.4.2. The Customer’s activity on the website may cause and/or causes damages of any kind to Why DENIS and/or to its partners.
10.5. From the moment the Customer validates the equivalent value of the order placed or Why DENIS informs the Customer of its validated order, his order becomes a Distance Contract, applying the definitions covered by the Government Order 130/2000 in Art. 2, referred to herein as the Contract, having attached but not limited to these Terms and Conditions.
10.6. If a Customer changes his personal data using the forms available on the website, then all ongoing contracts valid at the time shall keep the data defined/accepted by the Customer prior to the change.
10.7. The program for taking orders is from Monday to Friday between 09:00 a.m. and 06:00 p.m., the delivery being carried out from Monday to Friday between 09:00 a.m. and 06:00 p.m. by courier.
10.9. The telephone order – the Customer/User may place orders by telephone, being assisted on the phone by a Why DENIS representative. The Terms and Conditions specified in this DOCUMENT are applicable for the telephone orders, too.
10.10 In case you encounter problems related to the order that cannot be solved by e-mail or you wish to find out more details or clarifications on the various situations, you may send an e-mail to: email@example.com or you may call 0756033647, from Monday to Friday, between 09:00 a.m. and 06:00 p.m.
Payment for the Products
11.0 The payment may be made online using the bank card or on delivery (cash) on package delivery by the courier.
11.1. The products ordered must be paid in full; otherwise the delivery shall not be completed.
The payment for the products ordered on the website www.whydenis.com pursuant to these “Terms and Conditions” may be made in advance or on products delivery.
11.2. Prepayment may be completed by payment order; proof of payment must be remitted to us at the following e-mail: firstname.lastname@example.org. Delivery shall be carried through only after the money will have been transferred into the account belonging to Why DENIS.
12.1. Products delivery shall be carried out through a third courier services company, on the entire Romanian territory, being accepted only those addresses for which the delivery does not imply additional costs.
12.2. Why DENIS reserves the right to ask its Customers to confirm the order issued before honoring it, by contacting those customers who are at their first order made to Why DENIS.
12.3. Courier delivery costs for the order shall be borne by Why DENIS only if the amount of one order is as a minimum 250 Ron.
12.4. If the customer is not to be found at the address indicated, in the time frame commonly agreed, the courier shall return one more time after contacting the customer. If on a second attempt to make the delivery the customer is not to be found at the delivery address, the order shall be cancelled and the product returned to Why DENIS headquarters, and the customer shall bear the costs corresponding to a new delivery, no matter the value of the products ordered. The product delivery address will be confirmed together with the customer advisor from Why DENIS, only in written and via e-mail.
12.5. The reception of the products represents the customer’s acceptance that the products have been delivered in perfect state and is represented by the signature on the legal documents. The invoice represents the proof of concluding the sale and purchase contract, in accordance to the Romanian legislation in force. The Customer expresses his explicit agreement when signing the invoice, on the fact that he received the product (products) which is (are) in conformity with the order and his own needs.
12.7. Why DENIS reserves the right to delay or cancel the delivery of products ordered if these cannot be honored due to reasons independent of Why DENIS, including: fires, explosions, floods, epidemics, strikes, governmental actions, wars, terrorist acts, protests, rebellions, civil unrests or other impediments of force majeure, according to the Romanian law common practice.
Product Guarantee. Complaints
13.1. The commercial guarantee given for the product is of 30 days from receiving the product.
The consumers’ guarantees meet the conditions provided by Law 449/2003 and the Government Ordinance 21/1992 and they can be encountered in the certificate of guarantee accompanying the product. In order to benefit from the guarantee, the consumer has the obligation to comply with the directions, recommendations and observations comprised in the certificate of guarantee.
13.2. Why DENIS is not responsible for the damages caused by the customer as a result of not complying with these prescriptions.
13.3. When claiming the guarantee, it is necessary to send the damaged product by courier to Why DENIS at the specified address, together with the corresponding accessories, a copy of the invoice and the receipt from the courier, and a written complaint which should contain: customer’s name and forename, contact phone number, reason for the complaint, the supposed causes that led to the complaint, the customer’s claims. If the products are being returned to Why DENIS without these documents, then the products may be given back to the applicant/consignor without Why DENIS to be able to settle the claim for granting the guarantee.
13.4. The statutory deadline for handling a complaint based on the guarantee is of 15 days as of receiving the defective product.
13.5. The complaint procedure regarding the package (product) you have received, referring to problems caused by the courier service company, to transport or even to the non-conformity of the product is the following, otherwise not being taken into account:
13.3.1. complaints are sent by the customer in advance by e-mail, no later than 48 hours from receiving the product (after this deadline the complaint is not valid anymore)
13.3.2. the product is sent to Why DENIS headquarters by courier, in its original package, together with the corresponding accessories, a copy of the invoice and the receipt from the courier, and the written complaint which should contain the following information: customer’s name and forename, contact phone number, reason for the complaint, the supposed causes that led to the complaint, customer’s claims.
13.4. Why DENIS will provide an answer to your complaint within 5 days as of the receiving day. In order to handle the complaints and guarantees, Why DENIS may decide whether to:
13.4.1 reject the complaint;
13.4.2. remedy the goods complained against, at its own expense;
13.4.3. grant a discount;
13.4.4. replace or return the product.
13.5. No complaint shall be taken into consideration if the product has been changed, processed or it suffered modifications of any kind. This list does not have a limiting character.
13.6. The customer does not have the right to claim damages for the quality or quantity of the goods purchased from Why DENIS if he did not comply with the complaint procedure mentioned above.
Product Return and Product Counter Value Return Policy
14.1. If you are unsatisfied with the product received, Why DENIS allows you to return it in 15 working days’ time from receiving the product, complying with the return conditions.
14.2. If the product is being returned, the customer may choose to send back the money or to order another product, paying for it or the difference if the prices vary.
Romanian law provides that: “the consumer, as natural person, has the right to denounce unilaterally the distance contract in 10 working days’ time, without penalties and without invoking a reason. The only costs that may fall within the tasks of the consumer are the direct expenses for returning the products”. (according to Government Ordinance 130/2000 Art. 2 letter e.). “Customers” or “consumers” are considered NATURAL PERSONS. The customers having legal personality are not entitled to denounce unilaterally the contract, the legislation in the area referring only to natural persons.
The returned product must be in the same condition as when it was delivered, must not be used nor present signs of wearing, impact or dirt, must comprise all the accessories for the product and must be in the original package, together with the certificate of guaranty, the invoice and the courier receipt (in original and in copy).
If the return conditions are not complied with, we shall not accept the replacement/change of the product with another one and neither the refund.
14.2. Any return must be preceded by a notification of the intention to make the return. This notification shall be made by e-mail at the address indicated below, as otherwise mentioned in the Terms and Conditions. The return can only be made by courier.
14.3. The return must be accompanied by the following documents: invoice (original or copy); courier receipt (original or copy); written petition which should contain the following information:
1. applicant’s name and forename
2. contact phone number
3. the reason for the return (change of product or refund). For the change/replacement of the product, please indicate the desired product in place of the product returned.
4. the address for the return of the product(s) in case the product is changed/replaced
5. the bank account for sending the counter value for the product(s) in case of a refund
14.4. Changing the product with another one
If you want to change the size/color of the product ordered or to replace the product with another one, please send the product(s) you wish to change by courier, at the return address below, together with the documents mentioned above, after you have previously sent a notification via e-mail. Returning the product requested in exchange will be done by courier at the address indicated in the written application.
The transport costs for sending the return (exchange) product from you to our address, as well as sending the product sent by us in exchange to you will be borne by you.
If you do not comply with the return conditions as specified in the Terms and Conditions, we will not accept your return.
The products return address is the following: DENIS SRL, Str. Calea Unirii, nr. 20Y, loc. Suceava, jud. Suceava
For notifications on the return intention and any other questions, please contact us at the following address: email@example.com
15.2. The messages sent are requested and comply with the provisions on e-commerce regarding commercial communication, as specified by the Romanian and international legislation.
15.3. Receiving the newsletter implies filling in a form by the User or Customer and accepting unconditionally the document, if his consent has not been yet given. The User may also express his agreement on receiving the newsletter when opening a User account.
15.4. The data taken from the User or Customer for the purpose of sending the newsletter may be used by Why DENIS within the limits of the Confidentiality Policy.
15.5. The User or Customer’s refusal to receive the newsletter may be expressed at any time, in the following manner:
15.5.1. Using the link specially designated from any newsletter received;
15.5.2. Changing his agreement to receive the newsletter and using pages from the restricted areas, by using the account;
15.5.3. By contacting Why DENIS, based on the contacting information, without any prior obligation of either party to the other or that either party could claim the other one damages.
15.6. His refusal to receive the newsletter does not mean changing his agreement given for this document.
15.7. Why DENIS reserves the right to select the persons to whom it will send the newsletter as well as the right to delete from its database any User or Customer who has previously expressed his consent to receive the newsletter, without any prior commitment from Why DENIS or any previous notification.
15.8. Why DENIS shall not include in its newsletters sent to the User or Customer any kind of advertising material in a content that should refer to a third party who is not a partner of Why DENIS, when the newsletter is sent.
15.9. The newsletter shall be used under the same conditions of limitation of liability from the point of view of its content as in the case of using the website, under the conditions laid down in this document. Why DENIS holds all rights over the content of the newsletter sent to its subscribers on similar terms to the ones applicable to the information published on the website, in line with the provisions in this document.
15.10. The subscribers of Why DENIS newsletter may resend commercial communications to other persons only on their own responsibility and provided that they have not changed the structure or the content of the messages. Those people who received commercial messages from the subscribers of Why DENIS newsletters are considered to have been previously informed by the subscribers on the provisions of this article. Under this circumstance, Why DENIS cannot be made in any way responsible for the actions of its subscribers.
15.11. Why DENIS reserves the right to restrict the access to any newsletter subscriber if it has any reason to believe that the subscriber does not comply with the provisions of this document.
Limitation of liability
16.1. The persons using the website expressly and implicitly accept that they agree with using the website on their own responsibility. Why DENIS expressly absolves of all liabilities of any kind expressed directly or indirectly, related to the use of the website.
16.2. Why DENIS cannot be made responsible for any kind of prejudice (direct, indirect, accidental or not, etc.) resulting from using or inability to use the content information presented or not on the website or for any kind of errors or omissions in presenting the content that may lead to prejudices of any kind.
16.3. Why DENIS does not offer any kind of guarantee to the Users that the information from the website comply with the Users’ expectations, that the computer services on which the functioning of the website is based shall be interrupted in time, securely or without errors, that the quality of the information received through this website shall satisfy the Users’ needs, that any program error shall be corrected and such similar issues.
16.4. Why DENIS does not guarantee the user or customer access to the website or the service nor the right to download or modify partially and/or totally its content, to partially or integrally reproduce its content, copy or exploit any content of any kind, or transfer to third parties any content to which he has and/or had gained access, based on a usage agreement, without a prior written consent from Why DENIS.
16.5. Why DENIS is not responsible for the content, quality or nature of other websites which can be reached by accessing the links present in the content, no matter the nature of these links. For those websites, the responsibility is borne entirely by their owners.
16.6. Why DENIS shall not be liable if the use of the websites and/or content sent to the User or Customer by any means (electronic, on the phone, etc.), via websites, e-mails or a Why DENIS employee and when this use of the content may produce or produces damages of any kind to the User, Customer and/or any third party involved in this Transfer of content.
16.7. Except for the legal guarantee obligation, Why DENIS does not offer any direct or indirect guarantee, such as:
16.7.1. the service/product shall meet the customer’s requirements;
16.7.2. the service/product shall be continuous, secure and lacking errors of any kind;
16.7.3. the services/products received for free or against payment through the service shall meet the customer’s requirements or expectations.
16.8. The operators, administrators and/or owners of the website are not in any way responsible for their relations or consequences resulting from, including but not limited to procurement, special offers, promotions, advertising or any other type of relation / connection / transaction / cooperation / etc. which may arise between the customer or user and those who promote directly or indirectly products and/or services via the website.
16.9. The user is the only person who is responsible for the possible damages caused to the computer systems or the network used to access the website or any other loss of data as a result of downloading information and services from the website content.
16.10. Why DENIS shall undertake constant efforts to ensure a good functioning and maximum security of the website. However, Why DENIS does not undertake any obligation and cannot guarantee that this website is permanently operational and lacks any functional defects.
16.11. For those sections of the website that may comprise online placing from the Users, the responsibility over the content of the online placing falls entirely on their authors. Why DENIS reserves the right not to make public those posts that infringe the terms and conditions of use or that are found to be harmful in any form to its own image, the customers’, partners’ or third parties’.
16.12. Why DENIS does not guarantee in any way that the documents, folders or other data packages found in or in connection to this website are free of viruses and it will not liable for any present or future prejudice caused by or taken through this website. Consequently, for its own protection, any user of this website must use an antivirus program when using the website.
16.13. Why DENIS does not pledge its commitment to update the information and material on the Website with a certain frequency/periodicity. The information may suffer modifications at any time and without notice and may be included in the subsequent modifications made to the Website, accomplished according to the possibilities of Why DENIS.
16.14. Why DENIS shall not be liable for any kind of direct, indirect, accidental or special damage including but not limited to damages for loss of profit, goodwill, possibilities to use the data or other intangible or immeasurable losses (even if Why DENIS a was previously informed of the possibility to register such losses), resulting from:
i. use or not being able to use the information published on the Website;
ii. unauthorized access to or deterioration of the transmission or the data belonging to the User;
iii. statements or actions of any third party regarding the services of the Website and/or Content;
iv. any other problem regarding the content of the Website.
17.1. Why DENIS is registered as personal data operator with No. 20840.
17.2. Why DENIS guarantees the security and confidentiality of the data hosted and sent via its informational system. This information can be used by Why DENIS in order to send the user a confirmation of the orders, various special offers, promotions, etc. only with the prior consent of the customer. The provision of personal data to Why DENIS does not impose obligations on the users and they may refuse to provide the data under any circumstance and may require their deletion from the database free of charge. Any such petition/notification for their deletion from the database will be dated, signed and sent by the person registered in the database by e-mail at the following address firstname.lastname@example.org
17.3. The information provided to Why DENIS are used only for the purpose for which they were introduced (complete the orders, send messages to the OFG personnel, newsletter subscription, etc), according to the legislation in force. Why DENIS will not give your e-mail address to third parties and will not make public the data provided by its customers without their explicit agreement.
17.4. Why DENIS certified that it will comply with the rights provided by Law No. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, Law No. 365/2002 on e-commerce, and ordinance No. 130/2000 on the protection of customers on concluding and executing distance contracts as amended. Among these rights, we may enumerate (it is not a limiting enumeration): the right to ask Why DENIS to confirm you the processing or not of your personal data, free of charge;
the right to ask Why DENIS to ratify, update, block or delete, free of charge, those data provided whose processing does not comply with the provisions of Law No. 677/2001;
the right to ask Why DENIS to stop, free of charge, the processing of your personal data;
the right to ask Why DENIS to stop sending you promotional messages.
Any such petition will be dated, signed and sent by the person registered in the database by e-mail at the following address email@example.com .
17.5. Why DENIS cannot be made responsible for the errors occurred as a result of the user’s negligence in what concerns the security and confidentiality of his account and password.
17.6. Why DENIS does not request its Customers or Users by any means of communication (e-mail/on the phone/SMS/etc) information on his confidential data (except for the data requested when opening the user account, in so far as these data may be considered as confidential), accounts /bank cards or personal passwords.
17.7. The Customer / User assumes full responsibility for the disclosure to third parties of his confidential data.
17.8. Why DENIS declines responsibility if a User / Customer would be / is prejudiced in any way by a third party who pretended he is/represents Why DENIS interests. The Customer or User will inform Why DENIS on such attempts using the contact data available.
17.9. Why DENIS does not promote SPAM. Any user / customer who explicitly provided his e-mail address on the website may choose to delete it. Communications made by Why DENIS by distance electronic communication means (i.e. e-mail) contain the consignor’s complete and consistent identification data or links to such data, on the day the content was sent.
17.10. Why DENIS does not guarantee in any way the security and/or confidentiality of any kind of information sent by any means of electronic communication to the Website or the e-mail addresses of the Website operator/administrator, just that Why DENIS will not make public that data.
17.11. Why DENIS undertakes not to make public the Users’ e-mail addresses and not to disclose them to third parties, except for the case in which it is necessary to comply with the law and/or legal procedures.
17.12. Why DENIS is not responsible for the attacks for theft or vandalism purposes and which may lead to disclosing or compromising data.
Force Majeure and Unforeseeable Circumstances
18.1. Except for the cases in which it has been expressly provided otherwise, neither of the parties of a concluded and in course of performance contract shall not be made responsible for the non-compliance within the stipulated deadline and/or adequately, totally or partially, of any obligation incumbent upon the parties under the contract, if the non-compliance of that obligation was caused by an event of force majeure.
18.2. The party or representative of the party invoking the above-mentioned event is bound to inform the other party as soon as possible and completely, of the occurrence of that event and to take any available measures in order to limit its consequences.
18.3. The party or legal representative of the party invoking the above-mentioned event is absolved of this obligation only if the event prevents it from carrying out its actions.
18.4. If within 15 days of the occurrence the event does not end, each party is entitled to notify the other party of the termination as of right of the contract , without either party to be able to claim the other one damages as compensation.
18.5. The party invoking the force majeure event must prove that it was impossible to perform its obligations within 30 days of the occurrence of the event but within the limits of Art. 18.3.
The Applicable Law. Disputes.
19.1. By using/visiting/etc. the website and/or any content sent by Why DENIS to the User/Customer by access and/or forwarding via any means (electronic, over the phone, etc), he declares his agreement at least to “Terms and Conditions of Use”. Why DENIS is not responsible for any loss, costs, trials, claim, expenses or other liabilities, if they are directly caused by non-compliance with those Terms and Conditions.
19.2. This document shall be interpreted in accordance with the Romanian legislation.
19.3. These Conditions constitute the only legal and probative instrument for an amicable settlement of the possible disputes occurring between the parties or, otherwise for filing legal action for damages to a court of competent jurisdiction.
19.4. Any dispute referring to these “Terms and Conditions” or to the enforcement of contractual obligations which may occur between the User/Customer and Why DENIS shall be settled amicably.
19.5. If it is impossible to reach amicable settlement, then the conflict shall be settled by the competent court at Why DENIS headquarters, pursuant to Romanian legislation in force.
19.6. If any provision of these Conditions is or becomes null, the other provisions remain valid. Any null provision shall be replaced with another similar one within the above-indicated meaning and purpose.
20.1. The entire Why DENIS website content represents the property of Why DENIS, protected under the and international Romanian law on copyright.
20.2. Access to the Website is free of charge except for the pages addressed exclusively to the Users.
20.3. All copyrights for the Website information are owned by Why DENIS or its partners.
20.4. The material son this Website cannot be reproduced partially, totally or changed without the explicit prior consent in written form from Why DENIS.
20.5. The content from this Website, the texts, graphics, photographs, software, logos and any other material present on the Website are copyright protected or by other legal legislation in the field of intellectual-property right and are all owned by Why DENIS or its partners.
20.6. The reproduction, copy, multiplication, sell, resell or use of the information found on the Website or part of it, the access or use of the information made available by Why DENIS through Website in any way that infringes the Romanian or international on copyright and intellectual-property right, may entail civil or criminal liability for such actions.
20.7. If you consider that any material made available on the Website, placed on-line by Why DENIS, the Users or by any other third party breaches copyrights or other rights, it is necessary that you report the situation at the following e-mail address: firstname.lastname@example.org
20.8. Why DENIS reserves the right to prevent these persons by any means possible to contact and use this Website and request that the persons involved be punished in accordance with the legislation in force, if there is proof that they intended to destroy or alter the Website, its content or security, or their attempt to negatively affect the interests, services and/or employees from Why DENIS or its partners.
Links to Other Websites
21.1. Why DENIS or third parties may provide, under authorization, via the Website, links to other web pages or resources on the Internet. The Website may present advertisements and/or links to pages belonging to third parties, including partners, advertisement providers or similar.
21.2. Why DENIS does not take any responsibility regarding the conditions of use, the content, materials, products or services included in any of these Websites or to which these Websites may direct in any way. Accessing these websites will be made on the exclusive risk of the person accessing the websites.
21.3. Why DENIS will not be responsible or liable to pay compensations, directly or indirectly, for any damage or loss caused or presumed to be caused by or associated with using or trusts in the information, content, goods or services made available by these websites.
21.4. It is forbidden to create links between this Website and other websites and vice-versa without a prior written consent from Why DENIS.
21.5. In the absence of such written explicit consent from Why DENIS, the company will not assume responsibility for the non-attached websites to which the Website may be linked, for the materials place don-line on this Website by other persons than those authorized by Why DENIS and reserves the right to request that such actions lacking any prior consent would be punished according to the legislation in force.
22.1. Why DENIS reserves the right to make any kind of changes to these provisions, as well as other modifications to the website/its structure/service, including modifications that might affect the website and/or any content without prior notification to the User or Customer.
22.2. Why DENIS will not be made responsible for possible errors occurred on the website no matter the reason, including due to some modifications, settings, etc. that were not made by the administrators of the website.
22.3. Why DENIS reserves the right to introduce advertising material of any kind and/or links on any page of the website, under the legislation in force. Except for the pages that present the partner companies or their offers and which do not contain competitive banners.
22.4. Any other issue caused by the products and services presented on www.whydenis.com and which is not already referred to in any of the articles of this contract shall be settled amiably within 30 working days of the written notification on the issues concerned by the user.
22.5. In case of a cancelled or unclaimed order, the User account will be blocked and he will not have access anymore to orders. If the conflict could not be settled amiably, the competence lies with the Romanian law courts or other authority empowered to settle disputes as approved by both parties. For returned orders, the vouchers associated with that order will not be sent anymore.
22.6. In agreement with these Terms and Conditions of Use of the website www.whydenis.com, the Customer assumes full responsibility for the consequences resulting from using the website under these circumstances.