Terms and conditions

1. DEFINITIONS AND TERMS
  • mentAle – is a commercial name of MENTALE FLOW SRL (hereinafter referred to as “mentAle“), with registered office in the municipality of Cluj-Napoca, Calea Turzii no. 30, Cluj county, phone +40 758 11 99 09, registered at the Cluj Trade Registry Office with number J12/6461/2022, having CUI 47039961 (hereinafter referred to as mentAle).
  • Seller – mentAle
  • Buyer – can be any natural person who is over 16 years of age or legal person or any legal entity that places an Order.
  • Customer – can be any natural person who is over 16 years of age or legal person who has or obtains access to the CONTENT, through any means of communication made available by mentAle(electronic, telephone, etc.) or based on an existing user agreement between mentAle and this and which requires the creation and use of an Account.
  • User – any natural person who is over 16 years of age or legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the General Terms and Conditions section.
  • Nickname – pseudonym by which a particular User/Client/Buyer can add Content to the Site. The nickname is associated with the information on the Site of the User/Client/Buyer under the name “Username”.
  • List – the section of Favorites where the Buyer/User can add Goods or Services that they want to watch for a possible purchase and which they can subsequently delete or add to the shopping cart (“My Cart”).
    • Lists can be:
      • Public: any Customer/Buyer/User can view the Buyer’s/User’s Listing if they have shared it on social networks (Facebook, Twitter and Google+) or if they access the Buyer’s/User’s public profile on the Site. The lists are public, and the Buyer/User has the possibility to set them as private at any time, directly from their Account, the Favorites section;
      • Private: they can only be viewed by the Account holder. The Buyer/User has the possibility to set them as public at any time, directly from their Account, Favorites section.
  • My basket – section of the Account that allows the Buyer/User to add Goods or Services that he wants to purchase at the time of addition or at a later time; if the Goods or Services are not purchased at the time of addition by placing the Order, the Buyer/User will benefit from the service offered by the Seller to track the Goods and Services by receiving Commercial Communications from him.
  • Site – the online store hosted at the mentale.ro web address and its subdomains.
  • Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer conveys to the Seller, through the Site, his intention to purchase Goods and
  • Services from the Site.
  • Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order, to be provided by the Seller to the Buyer as a result of the concluded Contract.
  • Campaign – the act of exhibiting for commercial purposes, a finite number of Goods and/or Services having a limited and predefined stock, for a limited period of time established by the Seller.
  • Contract – represents the distance contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
  • Content – represents all information on the Site that can be visited, viewed or otherwise accessed through the use of electronic equipment;
    • the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other available means of communication;
    • any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
    • information related to the Goods and/or Services and/or the rates charged by the Seller in a certain period;
    • information related to the Goods and/or Services and/or rates charged by a third party with whom the Seller has concluded partnership contracts, in a certain period;
    • data relating to the Seller, or other privileged data thereof.
  • Document – these Terms and Conditions.
  • Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information regarding products similar or complementary to the ones you have purchased, information about offers or promotions, information about Goods and Services added to the “Account/My Basket” section or the “Account/Favorites” section as well as other commercial communications such as market research and opinion polls.
  • Transaction – collection or reimbursement of an amount resulting from the sale of a Good and/or Service by mentalAle, the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.
  • Green stamp tax – the amount expressed in lei, paid by the Seller to the company authorized to take over the operations of collection, transport and valorization/recycling of waste electrical and electronic equipment, as provided by the legislation in force.
  • Specifications – all specifications and/or descriptions of the Goods and Services as set out in their description.
2. CONTRACTUAL DOCUMENTS

2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.

2.2. The notification received by the Buyer, after placing the Order, has an informative role and does not represent the acceptance of the Order. This notification is made electronically (e-mail) or by telephone.

2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If it changes the amount of Goods and/or Services in the Order, it will notify the Buyer at the e-mail address or telephone number provided to the Seller when placing the Order and will return the amount paid.

2.4. The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the notification of dispatch of the Order.

3. ONLINE SALES POLICY

3.1. Access to place an Order is allowed to any User/Buyer.

For justified reasons, mentAle reserves the right to restrict the User/Buyer’s access to place an Order and/or to some of the accepted payment methods, if it considers that based on the User’s/Buyer’s conduct or activity on the Site, his actions could harm in any way mental. In any of these cases, the User/Buyer can contact the Customer Relations Department of mentAle, to be informed about the reasons that led to the application of the aforementioned measures.

3.2. mentAle can publish on the Site information about Goods and/or Services and/or promotions practiced by it or by any other third party with which mentAle has concluded partnership contracts, in a certain period of time and within the limit of available stock.

3.3. All prices related to the Goods and/or Services presented on the Site are expressed in lei (RON)

3.4. In the case of online payments, the Seller is not/cannot be held responsible for any other additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuing bank of his card, in the event that the currency of his issuing differs from RON. Responsibility for this action rests solely with the Buyer.

3.5 All information used to describe the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) do not represent a contractual obligation on the part of the Seller, they are used exclusively for presentation purposes.

4. ASSIGNMENT AND SUBCONTRACTING

4.1. The Seller may assign and/or subcontract to a third party for Services related to the fulfillment of the Order, with the Buyer’s information, without his consent being necessary. The Seller shall always be liable to the Buyer for all contractual obligations.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

5.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of mentAle, which is i reserved all rights obtained in this regard directly or indirectly (through licenses of use and/or publication).

5.2. The Customer/Purchaser/User is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by mentAle, include any Content outside the Site, the removal of signs signifying the copyright of mentAle on the Content as well as participation in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the Content, except with the express written consent of mentAle.

5.3. Any Content to which the Client/Purchaser/User has and/or obtains access by any means, is subject to the Document, if the Content is not accompanied by a specific and valid user agreement concluded between him and him, and without any implied or express warranty of mentAle with reference to that Content.

5.4. The Customer/Purchaser/User may copy, transfer and/or use the Content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the Document.

5.5. If mentAle gives the Customer/Purchaser/User the right to use, in the form described in a separate user agreement, certain content, to which the Customer/Purchaser/User has or obtains access as a result of this agreement, this right extends only on that or those contents defined in the agreement, only during the existence of this or these contents on the site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of mental for the respective Client/ Buyer/User or any other third party who has/obtains access to this transferred content, by any means and who could be or is harmed in any way by this content, during or after the expiration of the user agreement.

5.6. No Content transmitted to the Client, User or Buyer, through any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of mentAle and/or the employee/prospect mentAle who mediated the transfer of Content, if it exists, against that content.

5.7. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying user agreement, if any, is prohibited.

6. ORDER

6.1. The Client/Buyer can place Orders on the Site, by adding the desired Goods and/or Services to the shopping cart, then finalizing the Order by making payment through one of the expressly indicated methods. Once added to the shopping cart, a Good and/or Service is available for purchase to the extent that there is stock available for it. Adding a Good/Service to the shopping cart, in the absence of completing the Order, does not entail the registration of an order, implicitly nor the automatic reservation of the Good/Service.

6.2. By completing the Order, the Buyer agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the Order.

6.3. By completing the Order, the Buyer agrees that the Seller may contact him, by any means available / agreed by the Seller, in any situation where it is necessary to contact the Buyer.

6.4. The Seller may cancel the Order placed by the Buyer, upon prior notice to the Buyer, without any subsequent obligation of either party to the other or without any party being able to claim damages from the other in the following cases:

6.4.1. non-acceptance by the issuing bank of the Buyer’s card, of the transaction, in the case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by mentAle, in the case of online payment;
6.4.3. the data provided by the Client/Buyer on the Site are incomplete and/or incorrect;
6.4.4 The balance of the order with the “Pay what I keep” payment method has exceeded the maximum limit
6.5.5 The buyer has not made, within the deadline, the payment related to the orders with the “I pay what I keep” payment method

6.5. The buyer has the right to withdraw from the Contract, respectively to return a Good or to give up a Service, within 14 calendar days, without citing any reason and without incurring costs other than those of delivery. Thus, according to GEO no. 34/2014, the period for returning a Good or giving up a Service expires within 14 days from:
– the day on which the Buyer takes physical possession of the last Good – if the Buyer orders multiple products in a single order that will be delivered separately
– the day on which the Buyer takes physical possession of the last Good or the last part – in case of delivery of a product consisting of several lots or parts

6.6. If the Buyer decides to withdraw from the Contract, he will be able to notify his wish to ale.uiuiu@mentale.ro.

6.7. If the Customer/Buyer requests withdrawal from the Contract within the legal term of withdrawal from the contract, he must also return any gifts that accompanied the respective product. If the Order is paid, the Seller will reimburse the amount within a maximum of 14 (fourteen) days from the date the Buyer informs the Seller of his decision to withdraw from the Contract. The amount will be returned as follows:
6.7.1. for Orders paid by bank card -> by refund to the account from which the payment was made or by generating a voucher with the value of the returned product;
6.7.2. for Orders paid with Op/iTransfer/ -> by bank transfer or by generating a voucher with the value of the returned product;
6.7.3. for Orders paid for cash on delivery / with cash in the showroom -> by returning cash in the showroom, by returning the value of the product to the bank account sent by the customer or by generating a voucher with the value of the returned product.
6.7.4. for Orders paid by consumer credit -> cancellation/recalculation of installment contract.

6.8. The Seller will be able to delay refunding the amount until he receives the Goods sold or until he receives proof that they have been dispatched, if he has not offered to collect the Goods himself (the later date will be taken).

6.9. If the Good is returned in a condition in which it can no longer be sold as new (open packaging, missing accessories, the Good is damaged), we reserve the right to request a fee for returning the Good to its original state, as the case may be, or for to cover the price difference resulting from the sale of the product as resealed or, at the Buyer’s request, we will resend the Good, the delivery costs being borne by the Buyer.

Decreasing the value of returned Goods

Since, in the case of distance sales, the Buyer does not have the opportunity to check the Goods before the conclusion of the contract, he has the right to withdraw from the contract. For the same reason, the Buyer is allowed to test and verify the Goods it has purchased to the extent necessary to establish the nature, characteristics and mode of operation of the Goods.

In order to determine the nature, characteristics and functioning of the Goods, the Buyer must handle and inspect them in the same manner as he would be permitted to do in an actual physical store. For example: The buyer only needs to try on a garment, not wear it on various occasions.

The Buyer is only responsible for the diminution in value of the Goods resulting from manipulations other than those necessary to determine the nature, qualities and functioning of the Goods.

If the Buyer exercises the right of withdrawal after having used the Goods to an extent that exceeds the limit necessary to establish their nature, characteristics and mode of operation, the Buyer is responsible for any decrease in the value of the Goods.

The accessories (user manuals, CDs, cables, etc.) in the Good’s box as well as its original packaging are an integral part of the Good. As a result, we recommend the Buyer, when exercising his right of withdrawal from the contract, to return it in the original undamaged packaging, protected by wrapping with stretch plastic packaging film or packed in a cardboard box (without labels stuck on it, without cuts, tears, etc. ) and together with all its accessories.

Returned goods that show signs of wear (stains, scratches, bends, cracks, bumps, etc.) are accepted for return only after bringing them into compliance, involving the costs of sanitizing, beautifying, repairing, replacing any damaged parts and bringing them to a commercial form for sale as a Refurbished / Resealed product. The final value is determined by the value of the parts to be replaced and the reconditioning labor or as the difference between the initial value of the new product and the resale value of the used product.

Any diminution in the value of the Goods resulting from their handling other than those necessary to determine the nature, qualities and functioning of the Goods is the responsibility of the Buyer. For clarity, from the total price of the returned Good, the Seller will withhold an amount of money representing the decrease in the value of the Good in the proportion of 5%-50% of the initial value of the Good, as the case may be. The value of the reduction fee will be communicated to the Buyer upon receipt of the returned Goods.

6.10. In the event that a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the latter will inform the Client/Buyer of this fact and return to the Buyer’s account the consideration for the Good and/or Service, within maximum 7 (seven) days from the date on which the Seller became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.

6.11. The availability of a Good will be displayed on the Site as follows:

  • “in stock” – we have more than 3 pieces in mental stock
  • “limited stock” – we have less than 3 pieces in mental stock
  • “in supplier stock” – The good is not available in mental stock. If you register an Order for a Good that has “supplier in stock” on its right, one of our sales consultants will contact you as soon as possible to inform you of the availability of the Good.
  • “to order” – The good is not available in the mental stock and for the moment we have no information about its availability in the supplier’s stock. But, if you register an Order for a Good that has “on order” in its title, one of our sales consultants will check the availability of the product in the supplier’s stock and will contact you to inform you of the availability of the Good.
  • “pre-order” – The good is not available in the mental stock nor in the supplier’s stock. But, if you place an order for a Good that has “pre-order” in its right, one of our sales consultants will check the supply time of the supplier and will contact you to inform you of the availability of the Good.
  • “out of stock” – The good is no longer available in the mental stock
  • “currently unavailable” – at the moment we cannot purchase the Good because it is not in the supplier’s stock.