GUARANTEE OF CONFORMITY
GRĂNICERI ONLINE SRL company grants clients a legal guarantee of compliance, in accordance with the provisions of Law no. 449/2003 regarding the sale of products and the guarantees associated with them and with those of the OUG no. 140 of 28.12.2021 regarding certain aspects related to contracts for the sale of goods.

In the sense of law 449/2003, the following terms are defined as follows:

Consumer - any natural person or group of natural persons constituted in associations, who, within the contracts falling under the scope of this law, act for purposes outside of their commercial, industrial or production, craft or liberal activity;

Product - movable material good whose final destination is individual or collective consumption or use. The provisions of this law do not fall under the incidence of the goods sold following confiscations, within the enforcement procedure or on the basis of another act issued by the judicial authorities, water and gases that are not packaged in a limited volume or in a fixed quantity and energy electrical;

Seller - authorized natural or legal person, who, as part of his activity, sells products under the terms of a contract concluded with the consumer;

Producer:

1. the economic operator who manufactures a finished product or a component of a product;
   
2. the economic operator who manufactures the raw material;
   
3. the economic operator who applies his name, brand or other distinctive sign to the product;
   
4. the economic operator who reconditions the product;
   
5. the economic operator or distributor who changes, through his activity, the characteristics of the product;
   
6. the registered representative in Romania of an economic operator that does not have its headquarters in Romania or, in the case of its non-existence, the importer of the product;
   
7. the economic operator who imports products with a view to the subsequent realization of a sale, rental, leasing or any other form of distribution specific to the conduct of business;
   
8. the distributor of the imported product, if the importer is not known, even if the manufacturer is mentioned;
   
9. the distributor of the product, if the importer cannot be identified, if he does not inform the injured person, within 30 days of his request, about the identity of the importer;
   

Guarantee - any commitment assumed by the seller or manufacturer towards the consumer, without requesting any additional costs, to refund the price paid by the consumer, to repair or replace the purchased product, if it does not correspond to the conditions stated in the declarations regarding the guarantee or in the advertising related;

Repair - in case of non-compliance, bringing a product into compliance with the sales-purchase contract;

Hidden defect - quality deficiency of a delivered product or a service provided that was not known and could not be known by the consumer through the usual means of verification;

Average duration of use - the time interval, established in normative technical documents or declared by the manufacturer or agreed between the parties, within which the long-term products must maintain their functional characteristics, if the conditions of transport, handling, storage and exploitation.

In the sense of OUG no. 140 of 28.12.2021, the terms and expressions used have the following meaning:

Goods:

• any movable corporeal object;
  
• water, gas and electricity when they are offered for sale in limited volume or fixed quantity;
  
• goods with digital elements;
  

Goods with digital elements - any movable physical object that incorporates a digital content or a digital service or is interconnected with them, so that, in the absence of the said digital content or digital service, the good could not fulfill its functions;

Compatibility - the ability of the goods to work with hardware or software components with which goods of the same type are normally used, without the need to convert the goods or the hardware or software components;

Consumer - any natural person who, in relation to the contracts regulated by this emergency ordinance, acts for purposes that are outside the commercial, industrial, artisanal or professional activity of the respective person;

Sales contract - any contract under which the seller transfers or undertakes to transfer ownership of some goods to a consumer, and the consumer pays or undertakes to pay their price;

Digital content - data produced and provided in digital format;

Durability - the ability of goods to maintain their necessary functions and performance during normal use;

Average duration of use - according to the definition of OUG no. 21/1992 on consumer protection, republished, with subsequent changes and additions;

No Costs - no necessary costs incurred to bring the goods into compliance, in particular the cost of postage, transport, labor or materials;

Functionality - the ability of goods to fulfill their functions, considering their purpose;

Guarantor - the seller or producer of goods sold to consumers;

Commercial guarantee - any commitment from the guarantor towards the consumer, stipulated in the guarantee certificate or in the advertisement available at the time or before the conclusion of the contract, in addition to the legal obligations of the seller regarding the guarantee of conformity, to reimburse the price paid or to replace, repair or maintain the goods in any way, if they do not correspond to the specifications or any other requirement that is not related to compliance;

Interoperability - the ability of goods to work with hardware or software components different from those that are normally used for goods of the same type;

Public auction - the sales method by which the seller offers goods or services to consumers who participate or have the opportunity to participate in person at the auction, through a transparent, competitive bidding procedure, led by an adjudicator and in which the winning bidder has the obligation to purchase the goods or services;

Manufacturer - the manufacturer of the goods, the importer of the goods in the European Union or any person who presents himself as the manufacturer or importer, applying his name, brand or other distinguishing mark to the goods in question;

Durable support - any instrument that allows the consumer or the seller to store information that is addressed to him personally, in an accessible way for later references, for a period appropriate to the purpose of the information and that allows unchanged reproduction of the stored information;

Seller - any natural or legal person, regardless of whether it is public or private, who, in relation to the contracts regulated by this emergency ordinance, acts, including through another person who acts on behalf of the said natural or legal person or on its behalf, for purposes related to the commercial, industrial, craft or professional activity of the respective person;

Hidden vice - according to the definition of art. 2 points 21 of OUG no. 21/1992, republished with subsequent changes and additions.

Conformity of the products with the specifications contained in the sales-purchase contract
The seller is obliged to deliver to the consumer products that are in accordance with the sales-purchase contract. To be in accordance with the sales contract, the goods meet the following conditions:

Subjective compliance requirements

• comply with the description, type, quantity and quality and have the functionality, compatibility, interoperability and other characteristics provided in the sales contract;
  
• they correspond to the special purpose for which the consumer requests them, which the consumer brought to the knowledge of the seller at the latest at the time of concluding the sales contract and which the seller accepted;
  
• are delivered together with all accessories and all instructions, including installation, provided in the sales contract;
  
• are provided with updates according to the provisions of the sales contract.
  

Objective compliance requirements

• correspond to the purposes for which goods of the same type would normally be used, taking into account, if necessary, the legal provisions in force, technical standards or, in the absence of such technical standards, codes of conduct applicable in the field and specific to the sector;
  
• as the case may be, it has the quality and corresponds to the description of a sample or model that the seller made available to the consumer before concluding the contract;
  
• if applicable, they are delivered together with accessories, including packaging, installation instructions or other instructions that the consumer can reasonably expect to receive;
  
• respect the quantity and have the qualities and other characteristics, including in terms of durability, functionality, compatibility and security, which are normal for goods of the same type and which the consumer can reasonably expect, considering the nature of the goods and taking into account any public statement made by the seller
  

The seller is not required to comply with public statements, if he demonstrates at least one of the following situations:

• did not know and could not reasonably have known the public statement in question;
  
• until the conclusion of the contract, the public statement was rectified in the same way or in a way similar to the one in which it was made; or
  
• the decision to purchase the goods could not have been influenced by the public declaration.
  

It is not considered that there is non-conformity according to the provisions if, at the time of concluding the sales contract, the consumer was explicitly informed that a certain characteristic of the goods does not correspond to the objective compliance requirements provided, and the consumer expressly and separately accepted this at the time of concluding the sales contract.

The guarantee is not applicable and the company GRĂNICERI ONLINE SRL cannot be held responsible in any way for the defects that may appear as a result:

• the cleaning/washing/maintenance process that does not comply with the specific instructions for each product;
  
• storing or using the products in humid conditions;
  
• discoloration as a result of exposure to the sun or other strong heat sources;
  
• repair or modification of products made by unauthorized persons;
  
• normal wear and tear of the product;
  
• use in improper or incorrect conditions by the consumer;
  
• excessive, abnormal use;
  
• inadequate care or lack thereof;
  
• negligence;
  
• improper use;
  
• excessive filling of bags and backpacks and exceeding the maximum allowed weight.
  

The information regarding the composition and the pictograms regarding the maintenance and cleaning instructions of the products can be found on the inner label or on the cardboard label attached to the product. The composition and maintenance and cleaning instructions are specific to each product. In order to guarantee compliance, it is important to consult and follow the cleaning and maintenance instructions specific to your product.

The products are washed or cleaned according to the instructions indicated on the label. In order to wash the products, only detergents that comply with the quality standards imposed by EU legislation regarding the safety of their use will be used. Do not use for cleaning or washing industrial products, they can irreversibly damage the quality of the material.

Seller's liability
The seller is responsible to the consumer for any non-conformity that exists at the time of delivery of the goods and that is found within two years from the respective date. In the case of second-hand products, the consumer and the seller can agree on contractual conditions or agreements with a contractual liability period or a limitation period shorter than those stipulated, provided that such periods or shorter periods have a minimum duration one year from the date of delivery of the good. Any non-conformity that is found within one year from the date on which the goods were delivered is presumed to have already existed at the time of delivery of the goods, until proven otherwise or unless this presumption is incompatible with the nature of the goods or the nature non-conformity.

Corrective measures in case of non-compliance
In case of non-conformity of the product, the customer has the right to request GRĂNICERI ONLINE SRL to repair the product, replace it or, as the case may be, refund the value of the product. In case of a complaint, the seller can repair the product, replace it with an identical one or, if it is not available in stock, with another product, with the possibility of paying or refunding a price difference. If GRĂNICERI ONLINE SRL finds that the product cannot be repaired, it will replace it. If the product is not available and the consumer does not want to replace the defective product with another product, the seller will reimburse the consumer the value of the product, within a maximum of 14 (fourteen) calendar days from the date of receipt of the complaint and the product in question. Any remedial measure cannot exceed 15 (fifteen) calendar days from the date on which the customer brought to the seller's attention the lack of conformity of the product.

In case of non-compliance, the consumer has the right to benefit from bringing the goods into compliance, to benefit from a proportional price reduction or to obtain the termination of the contract under the conditions stipulated in this article. In order for the goods to be brought into conformity, the consumer can choose between repair and replacement, unless the chosen corrective measure would be impossible or, compared to the other available corrective measure, would impose costs on the seller that would be disproportionate, taking into account all circumstances, including the following:

• the value of the goods if there was no non-conformity;
  
• the seriousness of the non-conformity;
  
• if the alternative corrective measure can be executed without any significant inconvenience to the customer.
  

The seller can refuse to bring the goods into conformity if the repair or replacement is impossible or would impose costs that would be disproportionate, taking into account all the circumstances. The consumer has the right either to obtain a proportional price reduction, or to obtain the termination of the sales contract, in any of the following cases:

• the seller did not complete the repair or replacement or, as the case may be, did not complete the repair or replacement according to the provisions or the seller refused to bring the goods into compliance according to the provisions;
  
• a non-conformity is found, despite the seller's efforts to fix it;
  
• the non-conformity is of such gravity that it justifies a price reduction or the right to the immediate termination of the sales contract;
  
• the seller has declared that he will not bring the goods into compliance within a reasonable period of time or without significant inconvenience for the consumer, or this is clear from the circumstances of the case.
  

The consumer does not have the right to obtain the termination of the contract if the non-compliance is minor. The burden of proof regarding the minor character of the non-conformity rests with the seller. The consumer has the right to suspend the payment of an outstanding part of the price of the goods or a part thereof until the seller has fulfilled his obligations under this emergency ordinance. Consumers can opt for a certain corrective measure if the non-conformity of the goods is found shortly after delivery, without exceeding 30 calendar days. After the expiration of the stipulated term, consumers can claim the remedy or replacement of goods that cannot be used for the purpose for which they were made as a result of hidden defects that appeared within the average duration of use, under the terms of the law.

Repair or replacement of goods
Repairs or replacements are carried out in compliance with the following conditions:

• no cost;
  
• within a reasonable period that cannot exceed 15 calendar days from the moment the seller was informed by the consumer about the non-compliance and which is established by mutual agreement, in writing, between the seller and the consumer, taking into account the nature and the complexity of the goods, the nature and severity of the non-conformity and the effort required to complete the repair or replacement;
  
• without any significant inconvenience for the consumer, taking into account the nature of the goods and the purpose for which the consumer requested the goods in question.
  

If the non-conformity is to be remedied by repairing or replacing the goods, the consumer makes the goods available to the seller. The seller takes over the replaced goods at his own expense. If a repair requires the dismantling of goods that have been installed in a manner compatible with their nature and destination, before the non-conformity is ascertained, or if the respective goods are to be replaced, the obligation to repair or replace the goods include the dismantling of non-conforming goods and the installation of replacement goods or repaired goods or bearing the costs related to dismantling and installation. The consumer is not obliged to pay for the normal use of the replaced goods in the period preceding their replacement. If the non-conformity is remedied by repair, the stipulated terms are extended by the non-functioning time of the good, from the moment when the lack of conformity was brought to the knowledge of the seller until the effective delivery of the good in a state of normal use to the consumer. If the non-conformity is remedied by replacement, for the goods that replace the non-conforming goods, the stipulated terms start to run from the date of replacement.

Price reduction
The price reduction is proportional to the decrease in the value of the goods received by the consumer compared to the value that the goods would have if they were in compliance.

Termination of the contract
The consumer exercises his right to obtain the termination of the sales contract through a statement to the seller, through which he expresses his decision to obtain the termination of the sales contract. If the non-conformity refers only to some of the goods delivered under the sales contract and there is a reason for the termination of the sales contract, the consumer can obtain the termination of the sales contract in relation to those goods, as well as any other goods that the consumer purchased them together with the non-compliant goods, if the consumer cannot reasonably be expected to accept to keep only the compliant goods. If the consumer obtains the termination of the sales contract as a whole or in relation to some of the goods delivered under the sales contract:

• the consumer returns the goods to the seller, at the expense of the latter;
  
• the seller reimburses the consumer the price paid for the goods upon receipt of the goods or a proof presented by the consumer that the goods have been returned;
  
• the seller reimburses the consumer the amount of money using the same payment methods as those used by the consumer for the initial transaction, with the exception of the case where the consumer has agreed to another payment method and on the condition that the consumer does not have to pay commissions after reimbursement.
  

Commercial guarantees
The commercial or conventional guarantee is the guarantee that the seller or the manufacturer grants voluntarily, under the conditions established by him and which, once granted, becomes legally binding. Considering this provision, some clarifications are required:

• we are dealing with a contract concluded between the seller or producer, on the one hand, and the consumer, on the other, by which the seller/producer assumes, free of charge, the obligation to guarantee that the product sold to the consumer corresponds to the conditions stated in the declarations regarding guarantee or in the related advertising, and in the opposite case to return the consideration, repair or replace the product;
  
• the guarantee provided for in Law no. 449/2003 is, in terms of its legal nature, a contractual guarantee, also known as a conventional or commercial guarantee. It is necessary to make such a clarification in order to prevent confusion with other types of guarantees, but also to accurately establish its place in Romanian civil law.
  

Any commercial guarantee gives rise to a legal obligation for the guarantor under the conditions established in the commercial guarantee certificate and in the associated advertisements, available at the time of or before the conclusion of the contract. Under the conditions provided for in this article and without prejudice to any other legal provisions, if a manufacturer offers the consumer a guarantee of durability for certain goods for a specific period of time, the manufacturer is directly responsible to the consumer, for the entire period covered by durability guarantee, for the repair or replacement of goods.

The manufacturer can offer the consumer more favorable conditions in the commercial durability guarantee certificate. If the conditions provided in the commercial guarantee certificate are less advantageous for the consumer than those provided in the associated advertisements, the commercial guarantee gives rise to a legal obligation under the conditions established in the commercial guarantee advertisement, with the exception of the case where, before the conclusion of the of the contract, the associated advertisements have been corrected in the same way or in a way comparable to the one in which they were made. The commercial guarantee certificate is offered to the consumer, on a durable support, at the latest when the goods are delivered. The commercial guarantee certificate is formulated in a simple and understandable language.

The commercial guarantee certificate contains the following elements:

• clear statement indicating that the consumer has the right to corrective measures from the seller, without costs, in case of non-conformity of the goods and that the respective corrective measures are not affected by the commercial guarantee;
  
• name and address of the guarantor;
  
• the procedure that the consumer must follow in order to obtain the implementation of the commercial guarantee;
  
• indicating the goods to which the commercial guarantee applies;
  
• the conditions of the commercial guarantee.
  

Failure to comply with the provisions does not affect the binding nature of the commercial guarantee for the guarantor. The commercial guarantee certificate must be written in Romanian, without excluding its presentation in other languages. If the non-conformity is remedied by repair, the period of time stipulated in the commercial warranty of durability is extended by the non-functioning time of the good, from the moment when the lack of conformity was brought to the attention of the guarantor until the effective delivery of the good in a condition normal use to the consumer.

If the non-conformity is remedied by replacement, for the goods that replace the non-conforming goods, the time period provided in the commercial warranty of durability begins to run from the date of replacement. Repairs or replacements during the commercial warranty period are carried out within a reasonable period that cannot exceed 15 calendar days from the moment when the seller was informed by the consumer about the non-conformity and which is established by mutual agreement, in writing, between the seller and consumer, taking into account the nature and complexity of the goods, the nature and severity of the non-conformity and the effort required to complete the repair or replacement.