Terms and Conditions
This site is managed by Optimatix Consulting LLC, hereinafter referred to as the COMPANY.
The COMPANY makes efforts to maintain the accuracy of the information displayed on the SITE. However, considering possible errors regarding this information, the COMPANY specifies that the product images are for informational purposes only, and the delivered products may differ from the images in any way due to changes in characteristics, design, without prior notice from the manufacturers. Additionally, some characteristics or prices of the products presented on the SITE may be modified by the COMPANY without notice or may contain operational errors.
Also, due to space and coherence considerations of the information structure, sometimes product descriptions may be incomplete, but the COMPANY makes efforts to present the most relevant information.
Promotions/offers present on the SITE are valid within the limits of available stock.
The SITE may also contain links to other websites. The COMPANY is not responsible for the privacy policy practiced by these websites or for any other information mentioned on these websites.
In the content of this document, the following terms used in uppercase will have, unless the context indicates otherwise, the meanings specified below:
- USER: represents the person who accesses the SITE for private or professional purposes and who has accepted the Terms of Use of this SITE, fulfilling all the requirements of the registration process.
- CLIENT: represents the person who accesses the SITE for private or professional purposes and who has accepted the Terms of Use of this SITE, fulfilling all the requirements of the registration process, and who initiates and completes an order.
- ABUSIVE USE: represents the use of the SITE in a manner contrary to industry practices, regulations, and applicable legislation or in any other way that may cause harm.
- ORDER: represents an electronic document generated as a result of accessing the SITE by a CLIENT, which serves as a form of communication between the COMPANY and the CLIENT.
USERS/CLIENTS of this SITE are requested to carefully read the following terms and conditions of use.
The following terms and conditions are considered to constitute the minimum applicable provisions, and the use of the SITE is subject to the general provisions of the applicable legislation.
The terms and conditions of use may be modified at any time by updating this SITE, and these changes become mandatory with immediate effect for all USERS/CLIENTS.
By accessing the SITE, USERS agree to comply with the terms and conditions presented below as well as the applicable legislation.
CONDUCTING SALES OPERATIONS ON THE SITE. THE CONTRACT
By placing an ORDER on the SITE, the CLIENT agrees with the form of communication (phone or email) through which the COMPANY conducts its operations on the SITE.
If the COMPANY confirms the execution of an ORDER, this implies full acceptance of the terms of the ORDER. The acceptance of the order by the COMPANY is considered finalized when there is an electronic confirmation (email) from the COMPANY to the CLIENT, without requiring a receipt confirmation from the latter.
The COMPANY does not consider an unconfirmed ORDER to have the value of a CONTRACT at any time.
Therefore, the CONTRACT comes into effect upon the confirmation of the ORDER by the COMPANY.
OBJECT OF THE CONTRACT
The object of the CONTRACT consists of the product(s) and services that the CLIENT has chosen to purchase by generating an ORDER on the SITE confirmed by the COMPANY. The products and services have the characteristics mentioned by the COMPANY on the SITE.
PRICE OF THE CONTRACT
The price of the products and services is as mentioned on the SITE. The price may be modified by the COMPANY at any time without notice.
To be applicable, the price of the product must be honest and serious. Thus, the COMPANY warns that there are cases when, due to malfunctions of the SITE or errors, the price displayed on the SITE may not be the real one. In these cases, the COMPANY will inform the CLIENT of the correct price.
DELIVERY METHOD
The COMPANY will fulfill its contractual obligations within a maximum of 1 day from the date it communicated the confirmation message regarding the ORDER to the CLIENT. If the COMPANY cannot execute the CONTRACT because the product is unavailable, the COMPANY will inform the CLIENT about this situation.
The COMPANY may deliver a similar product to the CLIENT at the same price if the initially requested product is unavailable, only after informing and obtaining the CLIENT's consent.
PAYMENT METHOD
The price, payment method, and payment term are specified in the ORDER. The COMPANY will issue an invoice to the CLIENT for the products and services to be delivered, and the CLIENT is obliged to provide all the necessary information for issuing the invoice in accordance with the applicable legislation.
Cash payment: Cash payment is made in EURO, in full, upon delivery or collection of the products.
Bank transfer: Payment by bank transfer is made only based on the proforma invoice issued by the COMPANY, following the confirmation of the order by phone with a sales consultant.
Delivery of goods is made after payment confirmation.
The COMPANY will ensure proper packaging of the goods and will ensure the transmission of accompanying documents to the CLIENT.
Ownership of the products and services will be transferred to the CLIENT at the time of payment.
RETURN POLICY
According to the applicable legislation, the consumer has the right to notify the merchant in writing that they renounce the purchase, without penalties and without invoking a reason, within 14 calendar days from receiving the product or, in the case of service provision, from the conclusion of the contract.
Therefore, the consumer has the right to return the purchased product, without penalties and without invoking a reason, within 14 calendar days from receiving it, bearing the direct return costs.
In the event of exercising the legal right of return, the refund of its value will be made within a maximum of 30 days from the return.
ASSIGNMENT AND SUBCONTRACTING
The seller may assign and/or subcontract a third party for services related to fulfilling the ORDER, with the CLIENT being informed, and their consent is not required. The COMPANY will always be responsible to the CLIENT for all contractual obligations.
DELIVERY TERMS
The COMPANY will deliver the products within the terms mentioned on the site for the ordered product, on the date of generating the ORDER, or within a maximum of 30 days from the date the CLIENT generated the ORDER, unless otherwise agreed by the parties.
If the COMPANY cannot execute the CONTRACT due to the product or service being unavailable, the COMPANY will inform the CLIENT about this unavailability, and the amounts paid by the CLIENT for the unavailable product or service will be refunded within a maximum of 30 days.
If the delivery deadlines cannot be met, the COMPANY will notify the CLIENT of the estimated delivery completion date.
If the COMPANY receives incorrect information regarding the billing or delivery of the products, the COMPANY may refuse to honor the delivery without this being considered a breach of the CONTRACT or may set a new order fulfillment deadline.
PRIVACY POLICY
The COMPANY processes personal data by collecting from USERS/CLIENTS the personal data necessary for executing the CONTRACT and undertakes to comply with the provisions of Law no. 677/2001 for the protection of individuals regarding the processing of personal data and the free movement of such data.
The data obtained by the COMPANY will be stored in databases, and the COMPANY will take all measures to protect them against accidental or illegal destruction.
For the execution of the CONTRACT, the COMPANY will transmit the personal data collected from CLIENTS to the courier company that will deliver the products as well as to the banking units through which online payments will be processed.
LEGAL INFORMATION
COMPANY LIABILITY
The COMPANY cannot be held liable for any loss if it is caused by non-compliance with these terms and conditions/CONTRACT and other instructions mentioned on the SITE. The COMPANY is also not liable for damages caused by the malfunction of the SITE as well as for those resulting from the inability to access certain links accessible from the SITE.
The COMPANY is not responsible for any damages of any kind that the CLIENT or any third party may suffer as a result of the COMPANY fulfilling any of its obligations under the CONTRACT and for damages resulting from the use of the products and services after delivery, especially for the loss of products.
Complaints regarding deficiencies of the purchased product(s) can be made by accessing the Contact Form.
FORCE MAJEURE
Neither party will be held liable for non-performance of its contractual obligations if such non-performance is due to a force majeure event, in accordance with the applicable legislation.
APPLICABLE LAW – JURISDICTION
The CONTRACT is subject to UAE law. Any disputes arising between the COMPANY and the CLIENT will be resolved amicably or, if this is not possible, the disputes will be settled by the competent courts in Sharjah Media City, United Arab Emirates.
PROCESSING OF PERSONAL DATA
Personal data means any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their physical, physiological, mental, economic, cultural, or social identity.
The processing of personal data means any operation or set of operations performed on personal data, by automated or non-automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure to third parties by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, or destruction.
The COMPANY records only the personal information voluntarily provided by the visitor/USER/CLIENT.
According to the requirements of Law no. 677/2001 for the protection of individuals regarding the processing of personal data and the free movement of such data, as amended and supplemented, the COMPANY is obliged to manage safely and only for the specified purposes, the personal data provided by USERS/CLIENTS.
The COMPANY respects the right to data privacy of every person accessing the SITE.
The COMPANY will not collect personal data about USERS/CLIENTS (name, address, phone number, or email address) (hereinafter referred to as "Personal Data") unless USERS/CLIENTS themselves provide this data.
By registering on the SITE/placing an ORDER and completing personal data in the registration forms, USERS/CLIENTS declare that they agree that all their personal data will be included in the COMPANY's database and give their express and unequivocal consent that all their personal data will be stored and used for:
- marketing activities by receiving informational or commercial messages (offers, promotions, advertising and marketing messages regarding the COMPANY's activity and third parties with whom the COMPANY has any kind of relationship) at the email addresses communicated to the COMPANY,
- participation in contests, promotions;
- transmission of non-commercial or administrative messages (regarding changes in the site, administration, etc.);
- internal statistics necessary for improving the quality of services offered and the image of the SITE and for creating new features, promotions, functionalities, and services;
- ensuring access to restricted sections of the SITE;
- market research;
- tracking sales data.
The COMPANY will not disclose any information about the USERS/CLIENTS of the SITE without first obtaining their express consent in this regard. At the same time, however, it may disclose information and personal data when expressly provided by law.
According to Law no. 677/2001, USERS/CLIENTS have the right to information (art. 12), access to data (art. 13), intervention (art. 14), opposition (art. 15), not to be subject to an individual decision (art. 17), and to address the courts (art. 18). They also have the right to oppose the processing of personal data concerning them and to request the deletion of data. To exercise these rights, any person can address a written, dated, and signed request to the headquarters of Optimatix Consulting LLC in Sharjah Media City, United Arab Emirates.
Any person has the right to oppose, for legitimate reasons, the processing of data concerning them. This right of opposition may be excluded for certain processing provided by law (e.g.: processing carried out by financial and tax services, police, justice, social security). Therefore, this mention cannot appear if the processing is mandatory; any person also has the right to oppose, free of charge and without any justification, the processing of their personal data for direct marketing purposes.