Terms and Conditions


 

I. General Data

Erste Fin SRL Company, hereinafter referred to as the “Provider” has the following taxpayer identification data:

Name: Erste Fin SRL
Sole Registration Code: RO18311530
Registration no. in the Trade Register: J40/969/2006
Headquarters: Iuliu Maniu 69, Sector 6, Bucharest

Contact information:
Phone - 0721.260.892;
E-mail address: info@freewifi.ro - commercial support
suport@freewifi.ro - technical assistance

Free WiFi is a trade mark registered by Erste Fin SRL and represents a service consisting in telecommunication systems, as well as software, with the purpose of conveying a service which may be used as a marketing and promotion tool, pursuant to the legislation in force.

Terms:

Buyer - natural person / legal entity creating an Account on the Site and performing an Order.

Customer - natural person / legal entity who has or obtains access to the CONTENT, by any communication means made available by Erste Fin SRL (electronically, by phone, etc.) or based on a usage agreement, concluded between Erste Fin SRL and the Customer, requiring the creation and the usage of an ACCOUNT.

Account – section of the Site consisting in an user name and a password, allowing the Buyer to send their Order and containing information about the Customer/Buyer and the Buyer's history on the Site (Orders, fiscal invoices, guarantees for Goods, etc.).

User name – name or alias of the Customer or of the Buyer, which they have declared when the Account has been created.

Site – the www.freewifi.ro domain and its sub-domains.

Order – an electronic document, occurring as a form of communication between the Seller and the  Buyer, by which the Buyer sends to the Seller, using the Site, their intention to purchase Goods and Services from the Site.

Goods and Services – any product or service, including the documents and services mentioned in the Order, which will be supplied by the Seller to the Buyer as a result of the concluded Agreement.

Campaign – the action of exhibiting, with the goal of selling, a finite number of Goods and/or Services, having a limited and predefined stock, for a limited period of time established by the Seller.

Agreement – represents the agreement remotely concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and of the Buyer.

Content

  • All the information on the Site which can be visited, viewed or otherwise accessed using an electronic equipment;
  • The content of any e-mail sent by the Seller to the Buyers by electronic means and/or any other mean of communication available;
  • Any information notified to the Buyer by an employee/collaborator of the Buyer by any mean whatsoever, pursuant to the contracting information, specified or not by them;
  • Information regarding the Goods and/or the Services and/or the tariffs of the Seller, during a certain period of time;
  • Information regarding the Goods and/or Services and/or tariffs of a third party with who the Seller has concluded partnership agreements, during a certain period of time;
  • Data regarding the Seller, or other privileged information thereof.

Document – the present Terms and Conditions.

Newsletter – mean of periodical information, exclusively in electronic form, respectively by electronic mail (e-mail, SMS) regarding the Goods and Services and/or the promotions of the Seller during a certain period of time, without any engagement whatsoever of the Seller regarding the information contained therein.

Transaction – cashing or refund of an amount resulting from the sale of any Goods and/or Services by Erste FinSRL to the Buyer, using the services of the credit card processor agreed by the Seller, regardless of the mean of delivery.

Specifications – all the specifications and/or descriptions of the Goods and Services, as they are mentioned in their description.

II. Intellectual Property

The content and the design of www.freewifi.ro, as well as any other material in connection with those, sent to you by e-mail or provided by any other means (e.g. articles, design, product description or any other materials), belong to the Supplier and/or to their collaborators - there where this is expressly specified - (copyright) and are protected by the legislation regarding intellectual property. You will not be able to use, copy or allow anybody to use or to copy the materials belonging to www.freewifi.ro without the prior written consent of the Supplier.

You will not be able to use frames (frames in the sense of HTML language) or framing techniques (framing techniques in the sense of HTML language) for marks, logos or any other information protected by the copyright law (including images, texts, interfaces, forms) of www.freewifi.ro without having the prior written consent of the Supplier.

The limited, revocable and non-exclusive creation of hyperlinks to the index page of www.freewifi.ro is allowed, as long as this action does not present the www.freewifi.ro service in a false, misleading, derogatory or offensive light.  You will not be able to use the company's logo or any other graphical ownerships or marks as a part of the hyperlinks, without a prior written consent of the Supplier.

III. Contractual procedures:

3.1. By registering an Order on the Site, the Buyer approves the mean of communication (by phone or e-mail)  the Seller will use in the performance of its commercial activities.

3.2. The notification received by the Buyer subsequent to the lodging of the Order has an informative purpose only and does not represent the acceptance of the said Order. This notification shall be performed in an electronic manner (e-mail) or by telephone.

3.3. For legitimate reasons, the Seller reserves the right to modify the quantity of the Goods and/or the Services in the Order. In the case where they modify the quantity of Goods and/or Services in the Order, they shall notify this to the Buyer by e-mail or by phone, at the number made available to the Seller upon the performance of the Order and shall refund the amount already paid.

3.4. The Agreement shall be held to be concluded between the Seller and the Buyer when the Buyer receives from the Seller the Order delivery notice, via electronic mail and/or SMS.

3.5. The document and the information made available by the Seller on the Site shall lay at the base of the Agreement, an appendix thereof being the certificate of warranty for the purchased Goods, issued by the Seller or by one of its suppliers.

IV.  Sales procedure using www.freewifi.ro

4.1. Any Customer/Buyer is granted access to perform an Order.
For legitimate reasons, the Supplier shall reserve the right to restrict Customer's/Buyer's access for the performance of an Order and/or to some of the accepted payment methods, in the case where they consider that based on the Customer's/Buyer's conduct on the Site, they may prejudice the Supplier in any manner.  In any of these cases, the Customer/Buyer may contact any of the Supplier's employees, using the contact data made available for such cases, so they can be informed regarding the reasons which have led to the application of the aforementioned measures.

4.2. The communication with the Seller can be performed by interacting with them or by communication using the addresses mentioned in the "contact" section on the Site.

4.3. All tariffs afferent to the Goods and/or Services presented on the Site are expressed in lei (RON) and include VAT, except the SMS service subscriptions, which are expressed in euro (EUR) and do not include VAT.

4.4. As provided by the law, the price of the electronic Goods presented on the Site includes the green stamp Tax. In the case where the Customer/Buyer requests details regarding the exact amount which is added to the price a respective Good, they shall contact the Supplier's Customer Relations Department.

4.5. In case of online payments, the Seller is not/cannot be made liable for any additional costs supported by the Buyer, including but not limited to foreign currency exchange commissions, applied by the bank having issued their credit card, in the case where the currency for which it has been issued is not RON. Only the Buyer shall be liable for this action.

V. Assignment and Subcontracting

To fulfill the Order, the Supplier may assign to and/or subcontract a third party, upon information of the Customer/Buyer, but without needing their agreement. The liability regarding the Order and the contractual obligations towards the Customer/Buyer shall always lay with the Supplier.

VI. Order, withdrawal of Products and Complaints

6.1. By registering with a User name and then placing the Order to the Supplier from their Account, the Customer or the Buyer may purchase the Free Wifi product from the site.  The Product or the Service shall be delivered, while the available stock lasts, within a maximum of 5 business days as of the placement of the Order.  Adding an item in the basket without confirming the Order shall not entail the confirmation of the Order and the reservation of the good and of the service selected in the basket.

6.2. The Customer or the Buyer is liable for the safety and security of the access data used to access the Account.

6.3. The completion of the order represents the acceptance of the customer to be invoiced and to be delivered the good or the service to the address they had mentioned.  When completing the Order, the Buyer or the Customer is obliged to make sure that all the data filled in is true and correct. The Supplier shall not be liable or bear any liability for any eventual delays occurred due to erroneous information filled in by the Buyer or Customer. Also, the completion of the Order grants the Supplier the right to contact the Customer or the Buyer by any possible mean.

6.4. The Supplier may reject the Customer's or Buyer's Order, without being liable for the payment of damages and/or interest, in the case where:
the Buyer's or Customer's bank does not accept the performance of online payments  using the credit card they had issued;
the annulment of the money transfer procedure by the Supplier-agreed processor;
the data supplied by the Customer or by the Buyer in the Order form is incorrect or incomplete;

6.5.  In the case where the Buyer or the Customer announces the intention and makes the withdrawal  request and if they return the product in the condition and status in which it has been initially delivered by the Supplier, then the refund method shall take place just like the payment has been normally registered, more precisely if the payment has been performed by credit card or by bank transfer, then the respective amount shall be refunded in the respective banking account. In the situation where the payment has been performed in cash, then the Supplier may refund the amount in cash by requesting the Customer or the Buyer to visit the lucrative facility indicated by the Supplier, in the case where the Customer or the Buyer does not request otherwise.

6.6. In the case where the Supplier did not offer to recover the Goods sold to the Buyer or Customer, which are the subject of the withdrawal request, then they shall not be sent back until the respective does not send the proof of having sent the merchandise or until it arrives back at the Supplier.

6.7. The sending of the Goods back, as an effect of the withdrawal request and acceptance, shall take place at the Buyer's or Customer's expense.

6.8. If in the delivery of the Order, the Supplier exceeds 14 calendar days for the delivery of the products, then the Customer or the Buyer may initiate the Order withdrawal procedure and the reimbursement of the amount they had paid for that respective Order.

VII. Supply of Products

7.1. The supply of products is performed at the Customer's or Buyer's expense, in the case where the Supplier did not offer to cover for this service.

VIII. Non-acceptance of the withdrawal request

8.1.The purchased products and services may not be returned under the following conditions:

  • when the purchased services have been fully provided;
  • when the products are visibly damaged or are not working;
  • when the products have been personalized by the Buyer and/or other elements have been added;
  • the supply of goods or services the price of which depends on the price of the third parties, with which the Supplier has concluded agreements, and is independent from the modification thereof;

IX. Invoicing and Payment Methods:

9.1. The prices listed by the Supplier on the Free Wifi site are expressed in RON and include VAT, except those referring to the telecommunication services which do not include VAT and are expressed in EUR.

9.2. The term, payment method and price are specified in every order. The Supplier shall issue an invoice to the Customer or Buyer, according to the identification data they have entered.

9.3. The forwarding of the invoice shall be performed by e-mail or in the Customer's or Buyer's Account.

9.4. The Supplier shall not send any product in advance and shall not perform any service for the Customer or Buyer without having the confirmation of the payment, except the agreement-based telecommunication services, situation where they shall be invoiced at the end, subsequent to their usage.

X. Liability

10.1.The Supplier cannot be held liable for any eventual damages, resulting from their efforts to observe the agreement and the supply of the products, neither from the usage of the products subsequent to their delivery to the Customer or Buyer, the loss being included in the present amendment.

XI. Processing of Personal Data

11.1. The Supplier has fulfilled all the requirements of the security audit, performed by the Processing of Personal Data National Surveillance Authority, being therefore granted the Processing of Personal Data License no. 21789; all data collected are co-owned according to the User's Terms and Conditions of the Service(UTCS) agreed by each User subscribed to Client's network.

11.2. According to Law 677/2001 for the protection of persons regarding the processing of personal data and the free circulation of the respective data, with its subsequent alterations and additions, the Supplier has the obligation to process the information safely and only in the declared purposes.

11.3. Data collection purpose: to inform the Customer or the Buyer regarding the situation of their account or, the evolution of orders, commercial and promotion, marketing, advertising, media, administrative, market research, tracking and monitoring of sales and consumers' behavior activities.

11.4. Once you have read this article, you have been informed that all you rights shall be observed, more precisely the right to be informed, the right of access to data, the right to intervene, the right to oppose, the right not to be submitted to an individual decision, the right to contact the courts of justice in the case where the rights guaranteed by Law 677/2001 for the protection of the persons regarding data processing and free circulation of respective data were not observed.

11.5. The Buyer's personal data can be disclosed based on an express request of the Police, General Prosecution or any of the state's authorized institutions.

XII. Force Majeure

12.1. The Supplier, its affiliates and/or generally the suppliers of products or services towards www.freewifi.ro shall not be held liable for any delay or error resulting either directly or indirectly out of causes outside the Supplier's will.  This exoneration includes, but is not limited to: functioning errors of the technical equipment from www.freewifi.ro, Internet connection failure, phone connection failure, computer viruses, unauthorized access in www.freewifi.ro systems, operation errors, as well as the force majeure cases set forth by the Romanian law in force.

XIII. Advertising

13.1. On its pages, www.freewifi.ro may list advertisements regarding the products in its offer, as well as third parties' products or services. By using www.freewifi.ro and by accepting the Terms and Conditions and the Confidentiality Policy thereof, you are expressly providing your acceptance to be the receiver of these commercial communications.

XIV. Applicable Law

14.1. The services provided by the Supplier using www.freewifi.ro are governed by the provisions of the Romanian law, mostly by Law 365/2002 regarding electronic commerce, Ordinance 130/2000 regarding consumers' protection upon the conclusion and performance of remotely concluded agreements, Government Decision 448/2005 and European Directive EC/96/2002, regulating the regime of the green stamp tax, applicable to electronic products.
The terms and conditions of www.freewifi.ro are governed by the Romanian law. In case of litigation, first an amicable settlement shall be attempted, within 30 business days as of the registration of the complaint, at the headquarters of Erste Fin SRL. In the case where within the aforementioned period an understanding cannot be reached, the litigations between the Parties shall be submitted to be settled by the competent courts of law in Bucharest.

XV. Presentation of Offer

15.1. The Supplier reserves the right to operate, at any moment, modifications regarding the prices and the technical data present on the www.freewifi.ro site, without previous notice. The technical data presented on the www.freewifi.ro site have an informative character and do not represent a contractual liability. The photographs on the www.freewifi.ro site have an informative character and they may differ from the actual product.

XVI. Guarantee

16.1. All the Goods sold by the Supplier present guarantee conditions which observe the legislation in force and the producers' commercial policies.  The goods are new, in their original packaging and come from sources authorized by each separate producer, and the Certificates of Guarantee are directly issued by their respective producers.