Terms of service
TERMS AND CONDITIONS
CHAPTER I – GENERAL PROVISIONS
1.1 The website available at the address http://www.bere-zaganu.ro is owned by FABRICA DE BERE BUNA S.R.L., a Romanian legal entity, with its registered office in Bucharest, Str. Intr. Dr. Felix, no. 2, Sector 1, registered with the Trade Register under no. J40/2096/2013, having CUI 31252415.
1.2. The Information Notice regarding the Processing of Personal Data, available here: http://www.bere-zaganu.ro/informare.pdf and the Privacy Policy, available here: http://www.bere-zaganu.ro/confidentialitatea.pdf are part of these Terms and Conditions and describe in detail how we collect, use, and process Users’ information when they browse the Site, as well as their rights regarding personal data.
1.3. In order to use the Site, users must be at least 16 years old and agree to this Terms and Conditions regulation.
1.4. By accessing and using the Site, the User acknowledges and accepts these Terms and Conditions, as well as the other policies relevant to the Site.
1.5. If you do not agree with these Terms and Conditions or with a part of these Terms and Conditions, please do not use the Site in any way.
CHAPTER II – DEFINITIONS
Site
http://www.bere-zaganu.ro
Company
FABRICA DE BERE BUNA S.R.L., a Romanian legal entity, with its registered office in Bucharest, Str. Intr. Dr. Felix, no. 2, Sector 1, registered with the Trade Register under no. J40/2096/2013, having CUI 31252415
User/Users
Any user(s) who browse(s) and/or read(s) and/or use(s) and/or create(s) an account on the Site and/or subscribe(s) to the Newsletter.
Account
Represents a collection of Users’ personal information that allows them to access all areas of the Company’s Site.
Contract
The contract concluded between the User and the Company, according to these Terms and Conditions.
Third-Party Partners
Third-Party Partners represent the partners on whose behalf we communicate with Users and are divided into: media partners, collaborators, and event organizers. The complete list of Third-Party Partners can be requested at the email address office@bere-zaganu.ro. Third-Party Partners do not have access to the User’s personal data, except in cases where the Company has obtained prior consent from the User in this regard.
Associated Partners
Users are notified that Third-Party Partners are responsible for complying with the obligations regarding the protection of personal data, given that these—personal data—once recorded by one of the associated partners may be transferred to the others.
Personal data
Any information in connection with the User that allows his/her identification directly or indirectly, including, but not limited to first name, last name, sex, date of birth, e-mail address, mobile phone number, whether he/she is married, whether he/she has children, the age of the children, etc., and which are provided by the User for the purpose of creating an Account on the Site, subscribing to the Newsletter, sending opinions and suggestions, publishing materials, or for any other purposes.
Consent regarding the processing of personal data
Means any freely given, specific, informed, and unambiguous manifestation of the will of the data subject by which he/she accepts, by a statement or by an unequivocal action, that personal data concerning him/her be processed.
Data Protection Officer regarding personal data
The Company and/or the associated Partners appoint a person whose purpose is informing and advising the controller, or the person empowered by the controller, as well as the employees who deal with processing regarding the obligations incumbent upon them under the law, as well as monitoring compliance with the laws regarding data protection and the policies of the controller or of the person empowered by the controller regarding the protection of personal data, cooperation with the supervisory authority, assuming the role of point of contact for the supervisory authority regarding aspects related to processing. The contact person on behalf of the data controller, namely the DPO (Data Protection Officers) on behalf of FABRICA DE BERE BUNA S.R.L., are:
• The Company’s Representative
o Banescu Laurentiu, laurentiu@bere-zaganu.ro
CHAPTER III – ACCESSING THE SITE
3.1. Users can access the Site simply for information, in which case they accept the fact that they cannot view all areas, there being areas on the Site that require Account registration (e.g.: saving products, collections, events).
3.2. At the time of registering the Account on the Site, the User may opt for:
• direct communication of the shopping center’s promotional offers and news (commercial offers, invitations to events, special offers occasioned by certain anniversaries, and other types of information), by means of e-mail, SMS, a-Ha! app notification
• creating an account on the website in order to receive personalized content according to the user’s profile.
CHAPTER IV – CONCLUSION OF THE CONTRACT
4.1. Registration and use of the Site constitute the User’s express and unequivocal consent regarding the conclusion of the Contract which includes these Terms and Conditions and the Privacy Policy.
4.2. The contract between the Company and the User who wishes to create an Account on the Site is concluded only if all the steps listed below are followed:
• The User’s age is at least 18 years;
• The User accesses the website http://www.bere-zaganu.ro;
• The User carefully reads these Terms and Conditions, the Information Notice regarding the Processing of Personal Data, available here: http://www.berezaganu.ro/informare.pdf and the Privacy Policy, available here: http://www.bere-zaganu.ro/confidentialitatea.pdf;
• The User creates an Account by completing and submitting real information about himself/herself, mentioned in the registration form on the Site;
• The User accesses his/her Account for the first time using the username and password, which will not be made known to any person.
4.3. In the event that the username and password have been stolen or compromised, please notify the Company immediately by sending an e-mail to the address laurentiu@bere-zaganu.ro.
4.4. The Contract will be considered concluded at the moment when the User receives a confirmation in this sense from the Company in the form of an e-mail sent to the address mentioned at the time of creating the Account mentioned at point 3.2 letter d), except for the situation in which the User does not wish to create an Account on the Site, in which case the contract is considered concluded if the steps mentioned at point 3.2 letters a)–c) are followed.
4.5. By accepting these Terms and Conditions, the User understands that any other subsequent or concomitant commitments in connection with these Terms and Conditions are replaced by these Terms and Conditions. These Terms and Conditions do not create rights for third parties.
CHAPTER V – DURATION AND TERMINATION OF THE CONTRACT
5.1. The Contract is considered concluded for an indefinite period.
5.2. The User may cease using the Account created on the Site at any time, by deleting the created Account.
5.3. The Company reserves the right to suspend or immediately delete the Account created by a User at any time and without notification if it finds that he/she does not comply with the provisions of these Terms and Conditions or of other policies published on the Site;
5.4. The User understands that after termination of the Contract he/she should not attempt to perform a new Account registration on the Site, but will be able to use the Site only for informative purposes, with compliance with the conditions from point 3.2 letters a)–c).
5.5. In the event that the Contract will terminate, the provisions of sections 5, 8, 11, and 12 will remain applicable.
CHAPTER VI – USE OF THE SITE
6.1. Users do not have the right:
• to access and use the Site for purposes and by means that constitute abusive use;
• to use the Site in a manner or undertake any action that causes or may cause damage to the Site or deterioration of the performance, availability, or accessibility of the Site;
• to use the Site in any manner that is illegal, fraudulent, or harmful or in connection with any illegal, fraudulent, or harmful activity;
• to use the Site to copy, store, host, transmit, use, publish, or distribute any materials that contain (or are in connection with) spyware, computer viruses, Trojan horse, worms, or any other computer-virusing software;
• to conduct any systematic or automatic data collection activities (including, but without being limited to extraction and harvesting of data) regarding or in relation to the Site, without the prior written consent of the Company;
• to use data collected from the Site for any direct or indirect marketing activities (marketing), including, but without being limited to e-mail marketing, SMS marketing, telemarketing, and direct addressing by post;
• to use data collected from the Site to contact natural persons, legal persons, or other persons and entities.
CHAPTER VII – PROCESSING OF PERSONAL DATA
7.1. The general legal framework that regulates the protection of personal data is represented by the General Data Protection Regulation no. 679/2016 (“GDPR”) applicable in the European Union.
7.2. The site http://www.bere-zaganu.ro uses cookies. For more information about the personal data collected through cookie files the User must consult the Cookies Policy available here: http://www.bere-zaganu.ro/cookies.pdf.
7.3. At the moment when you choose to create an account on the website of the Company FABRICA DE BERE BUNA S.R.L. (“Account”), certain personal data of yours will be processed by the Company, mainly in order to be able to provide you with the requested service, namely access to the application, or to your account on the site.
7.4. More information regarding the processing of your personal data for these purposes, including regarding the way in which you can withdraw your consent, can be found in the Information Notice regarding the Processing of Personal Data, available here: http://www.bere-zaganu.ro/informare.pdf and the Privacy Policy, available here: http://www.bere-zaganu.ro/confidentialitatea.pdf.
CHAPTER VIII – INTELLECTUAL PROPERTY
8.1. The Company respects the intellectual property rights of others and requests Users to also comply with any intellectual property rights owned by the Company or by third persons.
8.2. The content and graphic elements of the Site, including, but without being limited to the entire textual content, technical sources of all present and future services and facilities, are owned by the Company and/or, as the case may be, by the Company’s business partners. These are protected by copyright, rights over trademarks, and by other laws and treaties. The Company does not assume responsibility for the veracity of the intellectual property rights owned by its business partners and which are used on the Site as a result of their agreement. In the situation in which the content of the site refers to the Company’s business partners, concretely either to their intellectual property rights, or to the commercial activities that they carry out, namely commercial campaigns, products and services, prices, etc., the Company does not bear responsibility for the accuracy and legality of the information of such content, which is made available in its entirety by the business partners, the latter bearing full legal responsibility regarding this content.
8.3. By using certain specific tools of the Site, where it is specified, Users assign to the Company their intellectual property rights including, but without being limited to the texts published on the Site, the files uploaded on the Site.
8.4. Users have the obligation to respect all the intellectual property rights of the Company as well as of its Partners promoted on the Site, provided by the legislation in force. Users are prohibited from using any image, mark, or sign belonging to the Company or to third persons, if they have not obtained in advance the written consent of the legal holders.
8.5. Users may view, download, and print pages of the Site only for personal use, which is subject to the restrictions mentioned below or in any other clauses in these Terms and Conditions. Any use of the content for other purposes than the personal purpose may be carried out only by obtaining in advance the written consent of the Company and by indicating the source of the information.
8.6. In this sense, Users are prohibited:
• to republish materials from the Site (including republishing on other sites);
• to sell, rent, or sub-license materials from the Site;
• to present any materials from the Site in public;
• to reproduce, duplicate, copy, or exploit materials from the Site for commercial purposes;
• to redistribute materials from the Site, except for the specific content or expressly made available for redistribution.
8.7. Requests for using the content of the Site for other purposes than the personal one can be addressed to the address Bucharest, Str. Intr. Dr. Felix, no. 2, Sector 1, Romania, by email: laurentiu@bere-zaganu.ro.
8.8. These Terms and Conditions do not guarantee Users any right, title, or interest regarding the Site, the content owned by other persons and published on the Site, the trademarks, signs, or other intellectual property rights owned by the Company.
8.9. Considering the fact that the Company wishes to improve the Users’ experience on the Site, it encourages opinions and suggestions; however, the Company can use comments or suggestions without any kind of obligation towards the Users.
8.10. Opinions and suggestions can be sent to the address Bucharest, Str. Intr. Dr. Felix, no. 2, Sector 1, Romania, by e-mail: laurentiu@bere-zaganu.ro.
CHAPTER IX – WAIVERS AND ASSIGNMENTS
9.1. No situation in which the Company does not act immediately for the realization of one of its rights will be interpreted as a waiver of that right or of its realization.
9.2. If a provision in these Terms and Conditions proves invalid or without effect, the other provisions will not be affected by this, remaining in force and fully valid, being interpreted in the most extensive sense permitted by law.
9.3. In the above case, the invalid or without effect provision will be replaced by another, acceptable from a legal point of view, and which produces legal effects as close as possible to the Company’s intention. The above applies also in the case of omissions.
9.4. Users cannot assign in part or the entirety of their rights under these Terms and Conditions.
CHAPTER X – LIMITATION OF LIABILITY
10.1. The Company makes the Site available AS IS, WITH ALL DEFECTS and AS AVAILABLE, without any express or implied warranty. WE ALSO DISCLAIM ANY WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY FOR A PURPOSE OR SPECIAL NEED. WE DO NOT GUARANTEE THAT THE RESULT THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, SAFE, OR ACCURATE OR THAT IT WILL MEET THE USER’S REQUIREMENTS.
10.2. The Company does not guarantee that the Site will be constantly available or available.
10.3. If maintenance work is necessary and the Site is not available for maintenance reasons, the Company will inform Users at the time of accessing the Site.
10.4. The Company will not be liable for internet/network outages and, in particular, for outages due to which the Site cannot be accessed as a result of technical or other difficulties that are outside the Company’s sphere of influence, e.g. force majeure, fault of third persons.
10.5. The Company is not responsible for inaccurate and/or untrue personal data provided by Users, especially those provided by minors, for the purpose of creating the appearance of the minimum age of 16 years, in order to create an Account on the Site.
10.6. The User understands the fact that the Company has no control and no obligation to act regarding:
• the content that is accessed by the User through the Site;
• the effect of the content on the User accessed through the Site;
• the interpretation or use by the User of the Site’s content;
• the actions that the User undertakes as a result of accessing the Site’s content;
• the content or accuracy, compliance with copyright, legality, or decency of the materials/information that are found on links that lead to other sites, the privacy policy and the regulation of the terms and conditions practiced by them. Prior consultation of the legal terms and of the other information regarding the collection of personal information is recommended. The rules set out in this text apply only in the case of information collected on this Site;
• the damages created by errors, inaccuracy, or lack of updating of the information published on the Site and which come from external sources;
• the damages created as a result of the malfunctioning of the Site as well as those resulting from the impossibility of accessing certain links published on the Site.
o The Company does not assume responsibility for any indirect, special, incidental damage that results from the use of, or inability to use, the Site.
• The User understands that the products or commercial promotions promoted on the Site do not belong to the Company, but to its business partners and that the displayed prices are informative and may undergo unannounced changes, for which the Company does not assume legal responsibility. The presentations displayed on the Site regarding the products, services, and promotions presented on the Site belong exclusively to the business partners who are fully responsible according to the law for the information provided.
• The User understands that the Company is not responsible for any loss, costs, lawsuits, claims, expenses, or other liabilities, in the event that these are caused directly by failure to comply with these Terms and Conditions.
• The User understands that in the event that the prices or other details regarding products/promotions of the Company’s business partners have been displayed incorrectly, the Company reserves the right to modify the information displayed on the Site, without being able to attract liability.
• The User understands that the images are presented on the Site as an example, and the products of the Company’s business partners, delivered, can differ in any way, both as image and due to the modification of the characteristics, design, without being able to attract the Company’s liability.
• The Company guarantees optimal use of the Site only by using the Internet Explorer browser at least at version 9 level, Google Chrome, Mozilla Firefox, Safari.
CHAPTER XI – APPLICABLE LAW IN THE COMPETENT COURT
11.1. These Terms and Conditions are governed and interpreted in accordance with Romanian law.
11.2. It will first be attempted to resolve amicably any dispute in connection with these Terms and Conditions, within 15 working days from the date of written notification of the issues by the User. In the event that the parties do not reach an agreement regarding the dispute, it will be addressed for resolution to the competent Romanian court.
11.3. Consumers cannot waive their rights granted by law. Any contractual clauses that remove or limit the rights granted by law to consumers will have no effect with respect to them.
CHAPTER XII – CHANGES TO THE TERMS AND CONDITIONS
12.1. This Terms and Conditions regulation was drafted on 13.06.2018.
12.2. FABRICA DE BERE BUNA S.R.L. reserves the right to review and update this Terms and Conditions regulation at any time.
12.3. Thus, please check the section related to Terms and Conditions when you access the site, because it is possible that changes have occurred since the last visit.
12.4. If you have questions regarding the information contained on this page, please write to us at the address laurentiu@bere-zaganu.ro.
12.5. In the event that a change/addition affects the User’s rights, the Company will notify him/her by sending a message to the e-mail address associated with the Account.
12.6. By continuing to use the Site after the entry into force of certain changes/additions, the User agrees to comply with them. IN THE EVENT THAT THE USER DOES NOT WISH TO ACCEPT THESE TERMS AND CONDITIONS, INCLUDING THEIR CHANGES/ADDITIONS, HE/SHE MUST STOP USING THE SITE.