Disclaimer and privacy practices
Data protection is a matter of trust and your trust is important to us. We respect your privacy and personal data rights. The protection and the lawful collection, processing and use of your personal data is therefore an important concern for us. To make you feel safe with us, we strictly observe the legal regulations when processing your personal data and would like to inform you about our data collection and data use. The following data protection declaration explains which data is collected on our websites, within our business and which data we process and use and how.
1. RESPONSIBLE OFFICE
BIBUS SES SRL, 134/1 Calea Lugojului, 307200 Ghiroda, Romania (hereinafter: BIBUS) is responsible for the collection, processing and use of your personal data within the meaning of the GDPR. If you wish to object to the collection, processing or use of your data by BIBUS in accordance with these data protection regulations as a whole or for individual measures, you can send your objection by e-mail or letter to the following contact data: (hereinafter: BIBUS) is responsible for the collection, processing and E-Mail: firstname.lastname@example.org. In addition, you can of course also receive information about the data stored by us free of charge at any time (please also refer to item 7).
2. COLLECTION, PROCESSING AND USE OF PERSONAL DATA
2.1 PERSONAL DATA
Personal data is information about the factual or personal circumstances of a specific or identifiable natural person. This includes, for example, your name, your telephone number, your address, as well as all inventory data that you provide to us when concluding the contract, registering and creating your customer account. Statistical data that we collect, for example, when you visit our websites and our web shop and that cannot be directly linked to you, do not fall under this category. For example, these are statistics about which sites are particularly popular or how many users visit certain sites online. in our daily business we only collect the data required for order processing and by the law.
2.2 CUSTOMER ACCOUNT
The data necessary for the processing of traditional business (name, telephone number, e-mail) will be provided by you for the fulfilment of the contract or for the implementation of pre-contractual measures like offers. Without them we cannot conclude the contract with you. You are managed in the ERP hosted by us and you cannot manage this directly yourself. In the event of adjustments or requests for information, please contact either your contact person or the information centre referred to in point 1.
2.3 WEBSHOP CUSTOMER ACCOUNT
For every shop customer who registers accordingly, we set up a password-protected direct access to his stored inventory data (customer account). Here you can view data about your completed, open and recently sent shop orders and manage your shop data. Please treat the personal access data confidentially and don’t make them accessible to any unauthorised third parties. We cannot accept liability for misused passwords, unless we are responsible for the misuse. If you do not log out, you will remain logged in automatically. This function
allows you to use some of our services (e.g."MyBIBUS") without having to log in again each time.
2.4 COLLECTION, PROCESSING AND USE OF YOUR PERSONAL DATA
Data protection is very important to us. Therefore, we strictly adhere to the legal regulations when collecting, processing and using your personal data. We collect, store and process your data for the entire processing of your purchase or sale, including any subsequent warranties, for our services, technical administration and our own marketing purposes. Your personal data will only be passed on or otherwise transmitted to third parties if this is necessary for the purpose of contract processing or invoicing or if you have given your prior consent.
Within the framework of order processing, for example, the service providers (such as transport companies, logistics companies, banks) used by us receive the necessary data for order and order processing. The data passed on in this way may only be used by our service
providers for the fulfilment of their tasks. Any other use of the information is not permitted and will not be made by any of the service providers entrusted by us. For your order we need your correct name, address and payment data. We need your e-mail address so that we can confirm receipt of your order and communicate with you. Your personal data will be deleted if there are no legal storage obligations to the contrary and if you have asserted a claim for deletion, if the data is no longer required to fulfil the purpose for which it was stored or if its storage is inadmissible for other legal reasons.
2.5 USE OF YOUR DATA FOR ADVERTISING PURPOSES
In addition to processing your data to process your purchase or sale at BIBUS, we also use your data to communicate with you about your orders, certain products or marketing campaigns and to recommend products or services that might be of interest to you. You can
object to the use of your personal data for advertising purposes at any time, either as a whole or for individual measures. A message in text form to the contact data specified under number 1 (e.g. e-mail, letter) is sufficient for this. Of course you will also find a unsubscribe
link in every newsletter.
For the dispatch of the newsletter we use the following procedures: written registration of our trade fairs, registration by e-mail to a contact person or the double opt-in procedure, i.e. you receive an inquiry due to an order or a visit to a trade fair and we will only send you a newsletter by e-mail if you have expressly confirmed to us in advance that we should activate the newsletter service. We will then send you a notification e-mail and ask you to confirm that you would like to receive our newsletter by clicking on a link contained in this e-
mail. If you no longer wish to receive newsletters from us, you can unsubscribe at any time.
A message in text form to the contact data specified under number 1 (e.g. e-mail, letter) is sufficient for this. Of course you will also find a unsubscribe link in every newsletter.
2.5.2 COMPETITIONS, MARKET AND OPINION RESEARCH In the event of competitions, we will use your data for the purpose of notifying you of any prizes and advertising our offers. You may find detailed information in our conditions of participation for the respective competition. We also use your data for market and opinion
research. Of course, we use these exclusively anonymously for statistical purposes and only for the companies of BIBUS HOLDING AG. Your responses to surveys will not be passed on or published to third parties. BIBUS uses and processes your personal data for market and opinion research for its own purposes. You can object to the use of data for market and opinion research at any time, either in full or for specific measures. A message in text form to the contact data specified under number 1 (e.g. e-mail, letter) is sufficient for this. Of
course, you will also find a unsubscribe link in every survey e-mail.
Accepting cookies is not a prerequisite for visiting our website. However, we would like to point out that functions on our websites may be restricted if you do not allow us to set cookies.
What are cookies? Cookies are small text files which are stored on your terminal device with the help of your browser and which store certain settings and data for exchange with our system via your browser. They're not doing any damage. Some cookies remain stored on your device until you delete them. They enable us to recognize your browser the next time you visit us.
What data is stored in the cookies?
This number does not contain your name or an Internet address (IP number). As long as you are not logged in to our site, this ID will not be linked to your name or other personal information. We do not transfer any personal information to third parties, i.e. even
How can you prevent the storage of cookies?
In your browser you can set that a storage of cookies is only accepted if you agree. If you only want to accept the BIBUS cookies but not the cookies of our service providers and partners, you can select the setting in your browser "Block third party cookies". Usually, the help function in the menu bar of your web browser shows you how you can reject new cookies and deactivate cookies already received. We recommend that you always log out completely of shared computers that are set so that they accept cookies.
With each access to the pages of BIBUS, usage data is transmitted through the respective Internet browser and stored in log files, the so-called server log files. The data records stored in this way contain the following data: Date and time of access, name of the page accessed, IP address, referrer URL (originating URL from which you accessed the website), the amount of data transferred, as well as product and version information of the browser used. We only use these log file data sets for technical diagnostic purposes in order to find and correct errors faster and to optimize server settings.
The log files of the web server service are usually deleted automatically after 4 months or after reaching a capacity limit, whichever occurs earlier. These log files can also be deleted by us at any time, e.g. for moving the server or when certain file sizes are reached.
5. WEB ANALYSE
5.1 GOOGLE ANALYTICS
6. SECURE DATA TRANSMISSION
Your personal data is transmitted securely by encryption. This applies to your order and also to the customer login. We use the SSL (Secure Socket Layer) coding system. Furthermore, we protect our websites and other systems by technical and organizational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons.
7. INFORMATION RIGHTS OF THE AFFECTED PARTY
According to the GDPR, our customers have, among other things, a right to free information about their stored data, as well as a right to correction, blocking or deletion of data, if necessary. Any inquiries can be directed to BIBUS SES SRL, 134/1 Calea Lugojului, 307200 Ghiroda, Romania or the e-mail: email@example.com at any time by e-mail or by post with your unique identification.
BIBUS SES srl – Terms of Trade for the Sale of Goods
Binding Character of the Terms of Trade
1.1. Each and every purchase order or contract (hereinafter also “the Contract”) concluded with BIBUS SES srl, 134/1 Calea Lugojului, RO-307200, Ghiroda, Romania, company identification no.: RO 18738664, as a seller (hereinafter also “the Seller”), with any business partner or another consumer as a buyer (hereinafter also “the Buyer”) is subject to these Terms of Trade (hereinafter also “the Terms”), unless explicitly agreed otherwise in writing.
1.2. The Terms regulate the basic terms and conditions of purchase contracts on the delivery of goods. They are binding for the regulation of relations between the Seller and the Buyer, unless the Contract contains different provisions. By concluding the Contract, the Buyer agrees to the condition that the Terms become an integral part of the concluded Purchase Contract.
Rights and Liabilities of the Parties
2.1. Based on the Contract, the Seller undertakes to submit goods as specified in the Contract to the Buyer with the necessary documents and to transfer the right of ownership to the goods to the Buyer after the goods are fully paid and the Buyer undertakes to accept the goods and pay the purchase price for the goods in the agreed way and in the agreed currency.
2.2. The conclusion of the Contract does not bind the Seller to install, assemble and build in the goods or to provide any other similar services.
Conclusion of Purchase Contracts
3.1. The Contract is concluded in writing. The written form is met when the Contract is delivered by fax or electronic mail (as an attachment).
Place, Method and Time of Delivery of Goods, Ownership Reservation
4.1. The place of the delivery of the goods is the seat of the Buyer, unless the Contract states that the goods shall be sent by the Seller to the place designated in the Contract.
4.2. Only the Buyer (a person authorized to represent the Buyer) is entitled to take over the ordered goods from the Seller or the carrier and the Buyer shall confirm the takeover of the goods in writing.
4.3. The Seller is entitled to suspend the delivery of the goods to the Buyer if the Buyer is in delay with the payment of any of the Buyer’s liabilities towards the Seller until all liabilities have been settled. The Seller will not be in delay with the delivery of the retained goods in this case. The delivery time of such goods starts running again from the date of the payment of the Seller’s claim that the Buyer was in delay with.
4.4. The Buyer acquires the right of ownership to the goods when the purchase price of the goods has been paid completely. If the purchase price is paid prior to the delivery of the goods, the Buyer acquires the right of ownership to the goods at the moment of the delivery of the goods.
Purchase Price and Payment Terms
5.1. The Buyer shall pay the purchase price in the currency, by the deadline and method stipulated by the Contract.
5.2. The value added tax will be added to the purchase price.
5.3. The purchase price includes transportation costs, postage, cost of transportation packaging, packing charges, handling fee.
5.4. The Seller reserves the right to demand an advance payment for the purchase price from the Buyer up to 100% of the agreed purchase price including VAT.
Violation of Contractual Liabilities and Consequences
6.1. If the Buyer is in delay with the payment of the purchase price or its advance payment, the Parties agree that the Buyer shall pay the Seller interest on overdue payment in the amount of 0.06% of the outstanding amount per each day of delay.
6.2. The Buyer’s delay in any payment exceeding 10 days is considered to be a substantial violation of the Contract.
6.3. The Buyer is not entitled to retain a part of or the entire purchase price due to any sales returns or due to any claims towards the Seller.
6.4. The Seller is entitled to withdraw from the Contract in case of a substantial violation of the Contract by the Buyer by a written notice with an immediate effect. The withdrawal from the Contract due to the violation of the liabilities in other cases is subject to the provisions of the Civil Code.
Delivery Terms, Transfer of the Risk of Goods Damage
7.1. The Seller shall deliver the goods in the agreed time, unless unexpected facts or obstacles that the Seller could not reasonably predict incur; in this case, the delivery time is extended by the period during which such unexpected facts or obstacles endure. The Seller is entitled to deliver the goods anytime in the agreed time, even in parts, and the Buyer shall accept goods delivered in this way.
7.2. The delivery of the goods is usually documented by a delivery note or another document (e.g. contract on transportation, shipping note, postal sheet or invoice) proving that the goods were delivered to the Buyer or to the carrier for shipping.
The Rights Ensuing from Defective Performance, Guarantee of Quality
8.1. The Seller is liable to the Buyer for defects of the goods that the goods have at the moment of the transfer of the risk of goods damage to the Buyer.
8.2. The Buyer shall immediately inform the Seller of obvious defects of the goods in writing, however, no later than within 3 days since the Buyer was supposed to detect the defects during the first inspection of the goods with the application of professional care.
8.3. The Seller has the right to choose the right ensuing from defective performance.
8.4. The Seller provides the Buyer with a guarantee of the quality of goods for the period of 12 months since the delivery of the goods to the Buyer. In particular, the guarantee does not apply to the wear parts of the goods and conduct of the Buyer, such as inappropriate or unauthorized manipulation with the goods or its inappropriate storage, use or operation. The guarantee terms and conditions and procedures for the application of the guarantee are included in the Seller’s rules of guarantee in the guarantee certificates.
8.5. The Seller has an insurance policy for the liability of damages caused by the performance of the Seller’s activity. The Seller and the Buyer shall take any measures necessary for the prevention of damages incurred in relation to the conclusion of the Contract or to minimize the damages incurred. The Seller is obliged to compensate the Buyer for the real damage up to the amount equaling the indemnification provided for this reason by the insurance company or if the insurance does not cover such damage up to the amount of paid purchase price. The Buyer hereby waives compensation for damage that exceeds the insurance benefit or the purchase price. The Buyer shall inform the Seller about the occurrence of the liability for damages no later than 14 (fourteen) workdays from the day when the Buyer learns about it. The Seller does not bear any liability for damages if the Buyer departs from the Seller’s instructions, if the damage incurs to a third party due to the use of information or goods provided/delivered by the Seller to the Buyer or if the Buyer does not allow the Seller to attempt to prevent the occurrence of the damage or to minimize its scope.
8.6. The Seller is not liable for indirect, subsequent or accidental damages and loss of profit or for any damages or losses incurred on the basis of contracts concluded between the Buyer and third parties, unless such a liability is covered by the insurance policy according to Item 8.5 of the Terms.
8.7. Furthermore, the Seller is not liable for damages incurred to the Buyer due to circumstances excluding liability, such as state interventions, operating, transport and energetic failures, failures of the electronic trade system, strikes or lockouts. Such circumstances are the reason for the postponement of the fulfillment of the contractual liabilities on the part of the Seller for the period and in the scope of the effect of the circumstances. The same applies when the circumstances occur to the Seller’s subcontractors.
9.1. The Seller reserves the right to amend or supplement the Terms, particularly due to changes in the related laws or due to changes in the method of trading. The Seller shall inform the Buyer about any amendment, supplement and its effect. The Buyer is entitled to denounce Purchase Contracts within 10 days if he does not agree with the amendments in 2-month notice period.
9.2. The rights, liabilities and legal positions of the Parties of the Purchase Contract are subject to the Romanian legal order. The legal relations of the Seller and the Buyer that are not explicitly arranged by the Purchase Contract and/or the Terms are subject to the relevant provisions of the Romanian Civil Code and related legal regulations.
9.3. Any legal actions intended to change, cancel or terminate the obligatory relationship based on the Contract have to be executed in writing.
9.4. The withdrawal from the Purchase Contract does not affect the provisions on arbitration, interest on overdue payment and compensation of damages.
9.5. In the event of a dispute about the content and performance of the Contract, the Parties are obliged to make every effort that may be justly demanded from them in order to settle these disputes amicably. The Parties have agreed that in the event that they fail to settle a dispute amicably, even at the level of their statutory representatives or persons authorized by them, all disputes arising under this Agreement and in connection with it will finally be decided by the Arbitration Court according to its regulations. The Parties have agreed that in the event of arbitration, it shall take place at Seller’s address. The document sent in the form of a recorded letter to the Buyer’s address stated in the Contract is considered to be delivered regardless of whether or not it is really delivered to the addressee. The delivery becomes effective on the day when delivered to the addressee, even when the document is delivered to a person different from the addressee. If the document is not delivered at all, the delivery becomes effective on the day when the document is deposited at the post office, even when the addressee does not receive the information about the deposit of the document at the post office.
9.8. The Buyer shall not transfer the rights arising from the Contract to a third party and shall not transfer or pledge a claim towards the Seller to a third party without a prior written consent from the Seller.
9.10. The Terms of Trade become effective on 01/11/2015.
BIBUS SES SRL
134/1 Calea Lugojului
307200 GHIRODA, TIMIS
Tel. +40 256 200 500
Tel. +40 356 446 500
Fax +40 256 220 666
Fax +40 356 446 660