Terms of Service
1 Scope of application
1.1 GUU Labs SRL, e-mail address cristian@shopmobilepro.com, shall hereinafter be referred to as Shop Mobile Pro (any reference made herein to 'us', 'we' or 'our' shall be interpreted accordingly), and the contractual partner shall hereinafter be referred to as the Customer (any reference made herein to 'you' and 'your' shall likewise be interpreted accordingly).
1.2 These General Terms and Conditions (GTC) apply to all present and future transactions concluded via the Shop Mobile Pro online shop (www.shopmobilepro.com) or the respective mobile application, hereinafter referred to as Shop Mobile Pro.
1.3 By extending an offer to us, within the meaning provided in Section 4 below, you declare to agree to these GTCs. Any diverging terms and conditions applicable at your end shall not be binding on our end. This shall also include cases in which we do not expressly reject such diverging terms and conditions. Any terms deviating from these GTC shall be considered effective only if such terms are confirmed by us in writing. Our actions of contract fulfilment shall not be deemed as confirmation.
2 Contract language
2.1 The contract language is English. Any translations of these GTC shall be for convenience purposes only. In case of any discrepancies between the English version and any other language version, the English version shall prevail.
3 Conclusion of contract
3.1 The presentation of products in the Shop Mobile Pro online shop shall not constitute a legally binding offer, but rather an invitation to place an order. Errors excepted.
3.2 By clicking on the 'Buy Now' button, you are placing a binding order for the products listed on the order page. The contract shall be deemed concluded upon receipt of our order confirmation by e-mail.
4 Offer and acceptance
4.1 The prices, price offers and descriptions provided in Shop Mobile Pro do not constitute a binding offer and may be withdrawn or amended by us, at any time prior to the express acceptance of your offer.
4.2 Any and all offers made by you to purchase products and/or services from us, shall require our subsequent acceptance. We are not obliged to accept your offer. A contract shall be concluded solely with our express or silent acceptance of your offer, in particular by dispatch of the goods ordered by you.
5 Prices and payment terms
5.1 The price of each individual product is as stated, and unless otherwise and individually agreed upon in detail, the following provisions shall apply:
5.2 Prices are stated in EUROS or other currency, plus turnover or value added tax, as applicable. Unless otherwise stated, the prices do not include shipping and transport costs. Shipping and transport costs are stated separately and are to be borne by you. In the event that the conclusion or performance of a contract gives rise to taxes, bank charges, fees, customs or levies, these shall be borne by the Customer.
5.3 The invoice total shall be due upon your order. In the event of an order consisting of several partial product deliveries under Section 6.3, we reserve the right to charge each partial delivery under a partial invoice.
5.4 You shall not be entitled to setoff claims unless a counterclaim has been confirmed with final effect issued by a court of law or recognized by us.
6 Delivery and transfer of risk
6.1 Unless otherwise agreed upon, delivery shall be made to the delivery address specified by you. We reserve the right to make partial deliveries.
6.2 The risk of accidental loss or accidental deterioration of the goods shall pass to you upon delivery of the goods to the carrier.
6.3 In the event that we are unable to deliver the goods ordered by you, for reasons beyond our control, we shall be entitled to withdraw from the contract. In such case, we shall inform you without delay and reimburse any payments already made by you.
7 Force Majeure
Both parties will not be liable for any default or delay in the performance of their respective non-monetary obligations, to the extent that such default or delay is caused, directly or indirectly, by fire, flood, earthquake, explosions, elements of nature, acts of God, acts or regulations of government bodies, nuclear, chemical or biological contamination not caused by such Party, court orders arising out of circumstances other than a breach of this Agreement by the affected Party, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts or labor difficulties, epidemics or by any other event or circumstance that is beyond the reasonable control of you or us, whichever is the entity unable to perform (the Nonperforming Party). Such event or circumstance giving rise to the default or delay is a Force Majeure Event.
The parties acknowledge and agree that COVID-19 is such Force Majeure Event, and it is not possible to foresee its duration, impact or extent (including measures and recommendations that may be put in place by regulators). As such, where our obligations are not performed, affected, and/or delayed and that is attributable to COVID-19, notwithstanding any other provision in the agreement, we will not be responsible for such delay, non-performance or failure. We will both act reasonable and meet without delay, discuss the affected obligations, potential work arounds and related issues in good faith and will document any agreed changes to the Agreement.
The Nonperforming Party will be excused from any further performance of the obligations affected by such Force Majeure Event for as long as such Force Majeure Event continues, and the Nonperforming Party continues to use commercially reasonable efforts to recommence performance.
8 Retention of title
8.1 Property title to the product(s) shall be passed on to you only after the full payment of the price, including any interest or other amounts relating to the product(s) have been executed. Until such time, there is no authorization to dispose of the product(s). You must store the product(s) and keep related records in such a way as to enable us to distinguish between product(s) paid for in full and product(s) for which payment is outstanding. Chattel pledges or mortgages shall not be permissible.
8.2 You must inform us in writing, without delay, of any related third-party intervention.
8.3 We reserve the right to re-possess and re-sell our product(s) in the event of default or in the event that the conditions for rescission are fulfilled. Repossession shall only entail rescission of the contract upon our express declaration to this effect. In the event of product(s) return, we shall be entitled to bill you for any transport and handling expenses incurred.
9 Obligation to inspect and complain
You are obliged to inspect the product(s) and ensure that they are in faultless condition, conform to the description and are complete. You may only assert claims for defective product(s) or incomplete delivery in the following cases: if you send us a written and specific complaint for the defect/s or incomplete delivery without delay, and in any event no later than 8 days from the receipt of the product(s).
10 Liability
10.1 We shall only assume liability for damage due to willful or grossly negligent failure to fulfil obligations on our part or on the part of our vicarious agents. Claims for damages, if any, shall become statute-barred 6 months from the date you became aware of the damage and the party at fault.
10.2 We shall not be liable for any indirect or consequential damages or loss of profit.
10.3 Based on the current state of art, data communication via Internet cannot be guaranteed to be error-free and/or available at all times. We are not liable for the constant and uninterrupted availability of our online trading system.
10.4 You are committed to all actions that can be expected of you to prevent and reduce damage.
11 Warranty
11.1 We shall provide warranty for defects in the product(s) in accordance with the statutory provisions, subject to the following provisions:
11.2 You must inspect the product(s) immediately upon receipt and notify us of any defects in writing without delay. In the event of hidden defects, you must notify us in writing without delay upon discovery of the defect. The notification must be made in writing and must specify the defect in detail.
11.3 You shall not be entitled to assert any warranty claims if you have not fulfilled your payment obligations in full.
11.4 In the event of a defect, we shall be entitled to choose between rectification and replacement delivery. If rectification or replacement delivery fails, you shall be entitled to choose between rescission of the contract and reduction of the purchase price.
11.5 We shall not be liable for any defects caused by improper use, faulty assembly or commissioning by you or third parties, natural wear and tear, faulty or negligent handling, or chemical, electro chemical or electrical influences, unless such defects are caused by our fault.
11.6 The warranty period shall be 12 months from the date of delivery.
12 Permits, customs duties and export
12.1 Should the purchase, transport or use of product(s) be subject to a permit or license from a government or other authority, it shall be incumbent on you to obtain such permit or license at your expense and to furnish us with proof thereof, upon request. If you fail to obtain such permit or license, this shall not entitle you to retain or delay payment for ordered product(s). You shall bear any and all costs and expenses arising from the failure to obtain the required permit or license.
12.2 Products, imported into certain countries, may be subject to customs duties. Upon the arrival of the product(s) at the destination you have designated for delivery, customs duties, import duties and taxes may be imposed upon you. All such additional costs for customs clearance and import duties or taxes shall be borne by you.
13 Notices
13.1 Unless otherwise stated in these GTC, any and all notices and other communication concerning these contractual relations may be served by post (sufficient postage prepaid) or e-mail at the address stated in Section 1.1 and the address you most recently communicated to us, in writing.
13.2 For as long as the contractual legal transaction has not been fully performed by both parties, you shall be obliged to communicate to us any changes to your business address. Should you fail to communicate a change of address, any notifications shall be deemed delivered, if they have been sent to the address most recently communicated.
14 Personal Information and data protection
We shall process or use your personal data solely to the extent permitted by law and shall safeguard them from unauthorized access. The terms of our Privacy Policy apply.
15 Final provisions
15.1 The transfer of rights and obligations from the concluded contractual relationship requires our prior written consent.
15.2 Should a party waive or temporarily omit to enforce its rights under these General Terms and Conditions or if it grants the other party a grace period, the rights of the party first mentioned shall, in any event, remain unaffected. A waiver of asserting one's rights in view of a breach of these General Terms and Conditions cannot be construed as a waiver of asserting one's rights in view of subsequent breaches of these GTC.
15.3 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected thereby. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. The same shall apply in the event of any omissions in these GTC.
15.4 Notwithstanding the foregoing choice of exclusive forum, we shall have the right to file any suit or seek interim relief before the courts having local and factual jurisdiction over you.
15.5 These GTC shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of laws rules.