Terms and Conditions
INTEGRA Telecom eShop - General Terms of Delivery
1. General
The following terms of delivery shall be effective for all offers and orders, or acceptances of orders submitted or received by INTEGRA Telecom eShop solely and entirely owned by INTEGRA Trading SRL, provided nothing has been otherwise stipulated in writing. Unless agreed upon otherwise, these general terms of delivery become part of the contract at the time the contract is concluded.
The general terms and conditions of the contracting party, in particular the terms of purchase, shall not be effective, even if the contracting party explicitly requests the validity of these terms in their orders. The acceptance of the order by INTEGRA Telecom eShop cannot be assumed as a basis for the effectiveness of other terms.
2. Conclusion of Contract
Our product offerings are intended exclusively for persons and unincorporated firms who, with the conclusion of the business transaction, are practicing their commercial or independent professional trade as well as for the legal entities under public law and state assets. The submission of the order by the customer shall be a binding declaration that he is not operating as a private buyer.
The product presentations on our website are solely for the purposes of a non-binding presentation of the products. By clicking the “Order” button, the customer submits a binding offer to purchase the selected product. INTEGRA Telecom eShop will subsequently send the customer an order confirmation by e-mail, thus accepting the offer made by the buyer. Only as a result of this shall a binding contract between the parties go into effect. In case of dual-use products (products which can be used both in a civil as well as military environment) the final acceptance of an order by the seller - even when an order confirmation was emitted - can be made depended on the provision of an end-use certificate provided by the buyer at the buyers expenses. Unless agreed otherwise, we only deliver to all of the countries in the European Union and the European Free Trade Association ( Iceland, Norway, Switzerland and Lichtenstein).
3. Delivery Dates
Delivery dates or deadlines are only binding with an explicit guarantee in writing.
In the event of a delivery delay on the part of INTEGRA Telecom eShop, the buyer shall have the right to grant in writing a grace period of at least three weeks, under penalty of refusal. Should the order in question remain unfulfilled after this period has elapsed, the buyer is entitled to withdraw the order.
If the non-compliance with a delivery date is due to missing supply to the manufacturer, force majeure, labor dispute, unforeseen obstacles or other circumstances over which INTEGRA Telecom eShop has no control, and in particular when such circumstances affect upstream suppliers, the delivery date shall be extended to an appropriate extent.
If the contracting party defaults on accepting the delivery, INTEGRA Telecom eShop shall be entitled to require compensation for the resultant damages. Upon occurrence of defaulting on acceptance, the hazard of incidental deterioration and of incidental destruction shall be transferred to the contracting party.
4. Successive Delivery
INTEGRA Telecom eShop has the right to make partial deliveries. If an order is fulfilled in the form of partial deliveries, INTEGRA Telecom eShop has the right to determine the order in which parts and the respective quantities are delivered.
5. Deliveries
Place of fulfillment for the delivery is INTEGRA Telecom eShop’s place of business. The shipment is carried out ex works incl. packaging and at the risk of the buyer. Shipping costs are included in the grand total of the invoice amount; taxes, custom taxes and fees to the extend they are incurred at the expense of the buyer. The same shall apply to any potential return shipments, provided the buyer is not entitled to make the return shipment.
The risk of incidental destruction and incidental deterioration of the goods shall be transferred to the carrier or parcel delivery service provider, the shipper or to any other person or institution responsible for executing the shipment. This shall also apply in cases when partial deliveries are made or INTEGRA Telecom eShop has accepted to perform other services such as the shipment, transport or setup.
If the shipment is delayed due to circumstances for which the buyer is responsible, the risk shall be transferred to the buyer on the day of readiness for dispatch. INTEGRA Telecom eShop is, however, obligated upon request by and at the expense of the purchaser to effectuate any insurance policies required by the buyer. INTEGRA Telecom eShop reserves the right to store the goods under legitimate circumstances. The storage shall be at the expense of the buyer.
Should the buyer select “express shipment” for orders INTEGRA Telecom eShop receives by 12:00 on one of INTEGRA Telecom eShop’s business days, this order shall be given the highest priority for dispatch to the parcel delivery service or carrier, on the same day if possible.
INTEGRA Telecom eShop is not responsible for the amount of time needed for transport by the forwarding agent, parcel delivery service, carrier or other person or institution handling the shipment.
6. Products and Services
INTEGRA Telecom eShop reserves the right to deliver products of technically equivalent or higher quality than those ordered and confirmed. It is agreed that such products of equivalent or greater value are acceptable. The products delivered and the services rendered are specified in the data books, catalogues, drawings or similar. These do not assure properties. Drawings/tables, dimensional specifications or capacity specifications are only binding when explicitly stipulated in writing. However, these do not guarantee properties any more than the disclosure of technical specifications for products.
7. Pricing
The prices listed in the eCommerce Portal shall apply. These prices are expressed in Euros/RONs, as net wholesale prices, each for one unit or one multiple. Prices shall apply ex-works, including freight, packing and excluding VAT and express shipping. VAT is listed and calculated separately. All prior price lists are herewith rendered invalid.
Pricing for special designs or considerably larger quantities is available upon request. We reserve the right to make price changes at any time and without prior notice.
8. Packaging
The customer shall not return packaging material and is responsible for its proper disposal in accordance with the legal rules and regulations in force.
9. Invoicing and Payment
Payments are to be made in full 14 days after invoice date to the bank account specified by INTEGRA Telecom eShop. Any fees that may accrue shall be paid at the expense of the purchaser. No other form of payment except for advance payment will be accepted. Place of fulfilment for financial obligations on the part of the contracting party is Bucharest, Romania.
A payment shall be considered on-time when the amount payable is credited, with value date by the due date, to the account specified by INTEGRA Telecom eShop. The contracting party shall be considered as defaulting on payment, without further notice, if the payment has not been made within 30 days. From this date INTEGRA Telecom eShop has the right to charge interest on arrears at a rate of 12% above the respective base interest rate, to require payment for any debts that have been deferred or are not yet due as well as to halt any additional deliveries immediately. This shall be without prejudice to any claims of entitlement to greater compensation.
No cancellations will be accepted for customized products or for all deliveries eight weeks prior to the confirmed date of dispatch.
If call-off orders from a framework agreement (order of a total quantity with time-delayed delivery dates with the objective of achieving a lower price from the graduated discount) are cancelled and therefore a different price applies than the price indicated under the graduated discount published online during the term of the framework agreement because of the reduced quantities, the customer shall be charged this price difference upon expiry of the framework agreement if the quantity agreed in the framework agreement has not been purchased by that time.
The following fees will be charged as extra services (expressed in euros net):
Issuance of a certificate of origin
€50.00 net
Issuance of a vendor declaration
€30.00 net
Postponement of delivery dates for which the confirmed delivery date is still at least 8 weeks in the future at the time of the requested postponement
1% of the value of the goods net that are rescheduled, but at least €20.00 net
Cancellation of orders for which the confirmed delivery date is still at least 8 weeks in the future at the time of the requested cancellation
5% of the value of the goods net that are cancelled, but at least €40.00 net
10. Exclusion of Offset and Prohibition of Transfer
The contracting party shall not be permitted to offset debts to INTEGRA Telecom eShop and effectuate any liens, particularly in the case of complaints, unless the claims of the contracting party are recognized by INTEGRA Telecom eShop or determined to be legally valid. Debts to INTEGRA Telecom eShop may only be transferred with the written consent of INTEGRA Telecom eShop.
11. Warranty
The contracting party is entitled to the warranty claims guaranteed by law. INTEGRA Telecom eShop assumes no guarantee that the products being delivered can be used in the applications chosen by the customer and are in compliance with the specifications of the customer’s particular application. The customer is therefore responsible for the applicability of the delivered product in his particular application. The limitation period is one year, beginning at the time the risk has been passed.
Defects in the goods delivered are to be reported immediately after delivery in writing, or in the case of hidden defects, immediately after their discovery.
All parts or services exhibiting material defects within the limitation period are to be repaired or remedied or to be delivered or performed again as decided by the seller, provided the cause of the defect existed at the time the risk was passed. The seller shall first be granted the opportunity to remedy the defect within a reasonable period.
Should the remedy fail, the buyer shall be entitled to withdraw from the contract or reduce remuneration, without any prejudice to damage compensation claims.
12. Retention of Title
The products sold shall remain in the ownership of INTEGRA Telecom eShop until all commitments, including future claims accruing from the business relationship, are fulfilled. Adapting or modifying the products shall be considered to be commissioned by INTEGRA Telecom eShop .
In case of a combination or mingling of third-party materials, INTEGRA Telecom eShop is given a fractional part of ownership in line with the proportion of INTEGRA Telecom eShop products to other products brought in at the time the combination or mingling takes place. If the contracting party acquires sole ownership of the new item, it will herewith grant joint ownership of the new item in proportion of the invoice value of the goods subject to reservation of title to the value of the new item. The contracting party may resell the goods that are owned by or partially owned by INTEGRA Telecom eShop as part of normal business operations but must not pledge or transfer title of ownership as security.
Should the contracting party dispose of INTEGRA Telecom eShop products or products of his own in which he has installed INTEGRA Telecom eShop products, without receiving the full purchase price in advance or simultaneously against the transfer of the purchased item, the contracting party shall be required to make arrangements with his customer for a reservation of title according to these terms. The contracting party shall already now transfer his claims from this resale transaction as well as the rights from the stipulated reservation of right to disposal to INTEGRA Telecom eShop .
If requested by INTEGRA Telecom eShop , the contracting party shall be required to provide a disclosure to his contracting party regarding the transfer and provide INTEGRA Telecom eShop the information or documentation required for the effectiveness of their rights with respect to the purchaser. In case of default on payment, other serious contract violations or considerable deterioration of the financial circumstances of the contracting party, he shall be required when requested by INTEGRA Telecom eShop to hand over all objects which are jointly owned by INTEGRA Telecom eShop , immediately and at the contracting party’s expense. If the value of the securities from the retention of title exceeds the claims from INTEGRA Telecom eShop from the business relationship with the contracting party by more than 20%, INTEGRA Telecom eShop will declare release from the securities of his choice upon request by the contracting party.
13. Liability
Claims for damages or repayment of expenses by the buyer, for whatever legal reason, in particular due to violation of the duties from liabilities and from tort, are excluded. This shall not apply in cases when a guarantee or a procurement risk has been assumed.
Furthermore, this shall not apply unless there is a mandatory liability, for example, in accordance with the product liability law, in cases of malice or gross negligence, due to any injury to one’s life, body or health, as well as the violation of major contractual obligations. However, the claim to damages for violation of major contractual obligations is limited to the foreseeable damages typical to the contract, provided no gross negligence has occurred or there is no liability due to an injury to life, body or health. A change of the burden of proof to the detriment of the buyer is not associated therewith.
Unless otherwise stipulated explicitly in writing, the delivered items are not suitable for use in life-sustaining devices or systems, human implantations, nuclear facilities or systems, or other applications.
14. Copyrights
By concluding the contract INTEGRA Telecom eShop under no circumstances renounces the trademarks or copyrights to which it is entitled.
15. Jurisdiction, Language, Miscellaneous
Jurisdiction for any and all disputes is Bucharest. The Romanian law shall apply exclusively for all disputes arising between the contractual parties, provided no other written agreement exists.
The original version of these terms of delivery is in Romania. This version alone shall be used to settle differences of opinion.
Unless otherwise and explicitly agreed upon, the language of the contract and correspondence is Romanian.
The terms of the United Nations Convention on Contracts for the International Sale of Goods are not applicable. Orally arranged side agreements require a written confirmation in order to be effective. Should any particular terms in these terms and conditions be completely or partially ineffective, the effectiveness of the remaining terms shall remain unaffected.
The parties are to agree upon a new rule, which meets the desired economic objective, to replace any rule that is ineffective or requiring completion.
16. Privacy Notice
The personal data of the buyer is saved by INTEGRA Telecom eShop exclusively for customer information purposes and for customer support.
If a purchaser does not wish to receive any additional information, this will be taken into consideration by INTEGRA Telecom eShop when notified accordingly.
17. Disposal of Regulated (Hazardous) Materials
The buyer, and not INTEGRA Telecom eShop , is solely responsible for and obligated to dispose of devices that are subject to the disposal law in observance of all legal rules and regulations.
