Version 1.2 – 09/02/2022
This document contains the general terms and conditions of use (hereinafter, “Terms and conditions”) by you, as a User/Client, of the Site owned and managed by us, OEPIA. Please read this document carefully to ensure that you act in an informed manner when using this Site and to avoid any risks that could be assessed by you as having a negative impact from the perspective of the information made available to OEPIA in your interaction with the Site.
Prin utilizarea în orice mod a Site-ului de către dumneavoastră, în calitate de Utilizator/Client, urmată sau nu de o Comandă, confirmați că ați citit, ați înțeles, sunteți de acord și vă obligați să respectați acești Termeni și condiții, cu toate efectele și consecințele acestui acord.
OEPIA își rezervă dreptul de a modifica și actualiza în orice moment acești Termeni și condiții, precum și conținutul acestui Site, total sau parțial, fără nici un fel de notificare prealabilă.
DEFINITIONS
When capitalized in this document, the terms below shall have the following meanings:
Commercial communications – any form of communication intended to promote, directly or indirectly, the services, image, name or designation of OEPIA.
Content – all the information on the Site that can be viewed, respectively accessed by using an electronic device with Internet access and that can refer to: various information about OEPIA, types of services offered, general information about the company, etc.
Comment – an evaluation written by a User/Client in order to share with other Users/Clients opinions related to the Site or the services offered by OEPIA.
Site – the www.oepia.ro website together with all its pages and sub-pages, public or private.
User – the private and/or legal person who visits or uses the Site in any way.
OEPIA – is the commercial name of OEPIA S.R.L., a limited liability company organized and operating according to Romanian law, with its registered office in Șoseaua Bucuresti-Târgoviște, no. 147, Buftea, Ilfov, postal code 070000, registered at the Trade Registry Office under no. J23/62/2020, having unique registration code RO23142225, legally represented by Pop Ion Augustin, telephone: +40 723 292 623, e-mail: office@oepia.ro. OEPIA acts as the operator of the platform/Site, which it owns.
ACCESSING THE WEBSITE
You may use this Site only if you are a private person over the age of 18 with full legal capacity. Legal entities may use this Site only through properly authorized individuals who comply with all of the above conditions.
The information published on the Site is information of general interest about OEPIA, other information about the transport industry and logistics services that may be of interest to you. The information is provided free of charge.
OEPIA reserves the right to implement certain services through the Site that will be offered to Users/Customers against a fee.
OEPIA makes permanent efforts so that the information on the Site is correct, corresponds to reality and is updated. This information is published for informational purposes.
OEPIA reserves the right to modify the structure and interface of any page or sub-page of the Site at any time and at any time interval, at its discretion, having the right to interrupt temporarily or permanently, partially or totally, any functionality of this Site , without any prior individual or general notice.
We reserve the right to suspend or restrict use of the Site for any reason and shall not be liable under any circumstances for any such suspension or restriction of use.
In the event of an unusually high volume of traffic coming from an Internet network, OEPIA reserves the right to ask Users/Clients to manually enter captcha validation codes, in order to protect the information on the Site.
DATA PRIVACY
OEPIA, as the operator of the Site, processes your personal data that you provide through your interaction with the Site. For details on the rules related to this processing, please consult the Data protection policy. Also, the Site uses cookie files, which may involve certain processing of your personal data. For details on the rules related to the use of these cookie files, please see the Cookie Policy.
COMMERCIAL COMMUNICATION
By completing the contact details within the Site (including those that represent personal data), the User/Client confirms that he/she is providing this information directly to OEPIA and that he/she understands and accepts that OEPIA may use this information to contact The User/Client by any means available, including electronic means of communication, by making available to him Commercial Communications, to improve commercial relations and the smooth running of OEPIA’s activity.
The User/Client may at any time opt-out of receiving Commercial Communications by accessing the electronic link (link) included in any Commercial Communication, where this option is technically possible (a), by contacting OEPIA directly, at the contact details specified in these Terms and Conditions (b), without any obligation of the User/Client to OEPIA in connection with this waiver and without the payment of any compensation.
Opting out of receiving Commercial Communications does not imply the revocation of the consent given by the User/Client regarding these Terms and Conditions and produces effects only for the future, after the communication of the intention to opt out.
OEPIA is not obliged in any way to carry out such Commercial Communications and reserves the right to select the Users/Customers addressed to the Commercial Communications and to remove from its database any User/Customer, without any kind of notification.
For details and additional information related to the processing of personal data according to the above, please see the Privacy Policy.
LIMITATION OF LIABILITY
OEPIA’s liability under these Terms and Conditions is in no way limited with respect to those matters for which the limitation or exclusion of liability would be contrary to law. In the event of a breach by us, OEPIA, of these Terms and Conditions, we shall be liable only for the direct and reasonably foreseeable losses of such breach.
OEPIA shall not be liable for any direct or indirect loss or damage, including loss of profit, which (i) is not caused by any material breach by us, including those caused by your breach or failure to comply with these Terms and Conditions and /or of any applicable contract between us, or (ii) which were not foreseeable either to the Client/User or to OEPIA at the conclusion of any applicable contract between us.
OEPIA makes every effort to ensure that the Site is available uninterrupted and error-free. However, we cannot guarantee these aspects and, as a result, we assume no liability for any interruption in the use of the Site and will have no obligation under these Terms and Conditions and/or any contract in the event of any situation that use of the Site impossible or excessively difficult to perform.
OEPIA assumes no liability for adverse impact on other systems through use of the Site, which is not caused by any serious breach on our part.
OEPIA assumes no responsibility for any potentially harmful programs that may be installed by third parties on this Site, the server on which it is hosted, or emails sent by us. The Customer/User responsible for the use of this Site, including any subscription made through it, being solely responsible for any direct or indirect damages suffered by you or third parties through or as a result of the use of this Site or its content.
OEPIA is not responsible for any inconsistency, error (including typographical error) or omission of any kind or for the effects of the use of the Site or its content. The content of the Site is published without any guarantee on our part as to its completeness or correctness (regardless of the date of publication or over time).
Access to the Site is achieved through secure pages, using the SSL encryption system and marked with the text “htpps://” and the symbol of a lock, positioned to the left of the Site’s address field. If you notice the absence of these symbols, we recommend that you leave the Site immediately and notify us immediately of this situation. We shall not be liable in any way for your failure to comply with these recommendations.
OEPIA is not responsible for any kind of damage caused directly or indirectly by the User/Client’s non-compliance with these Terms and Conditions and/or any contract concluded based on them.
In the case of Users/Customers – legal entities, the legal provisions governing OEPIA’s liability towards consumers will not be applicable, and all limitations of liability provided above will be applicable to the fullest extent permitted by law.
INTELLECTUAL PROPERTY RIGHTS
Oepia S.R.L. is operator of the Website www.oepia.ro.
The content, as defined in the preamble of this Site, is the property of OEPIA, which reserves the right to modify the information and structure of the Site at any time and without any prior notice.
Site Content, including but not limited to any logos, designs, stylized representations, trade marks, static images, dynamic images, web graphics, scripts, software, design rights, trademarks, text and/or multimedia content presented on the Site, is the exclusive property of OEPIA and its rights are protected according to Law no. 8/1996 on copyright and related rights, as well as any other national or international normative acts on intellectual and industrial property.
You, as a User/Client, do not have the right to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link, expose, include any content of the Site in any context other than the original intention of OEPIA, to include any content outside the Website, to remove the signs indicating the copyright of OEPIA on the content of the Website, or to participate in any way in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content of the Site, other than with the prior written consent of OEPIA.
Instead, you have the right to copy, transfer and/or use the content of the Site only for personal, non-commercial purposes, and only in the situation where these purposes do not conflict with the provisions of these Terms and Conditions and provided that you does not harm OEPIA’s interests in any way.
OEPIA cannot be held responsible in any way for any damages caused by or as a result of the unauthorized use of the Site’s content, in violation of the applicable legal provisions in the field of intellectual property rights protection and the rules mentioned above.
Any links available on the Site to sites owned/managed by third parties may be provided by OEPIA solely to provide Users/Customers with increased accessibility to information. OEPIA will not be held responsible in any way for any damages caused by or as a result of the use of those sites, the services promoted or marketed by third parties through such sites.
APPLICABLE LAW. CONFLICT RESOLUTION
OEPIA’s goal is for transport and logistics services to meet your expectations and be excellent. However, there may be times when you feel that I have made a mistake or let you down. In these cases, we are committed to working with you to reach a reasonable solution to your satisfaction, and we can only do so if we know and understand your dissatisfaction.
Therefore, for any problem or dispute you may have with us, you acknowledge and agree that the first step will be to send us an email at: legal@oepia.ro to describe your problem or dissatisfaction .
These Terms and Conditions, as well as all obligations arising from them, are governed by Romanian law and will be interpreted in accordance with Romanian law.
Therefore, if we are unable to reach an agreement in this regard within 30 days of receiving written notice from you, the matter will be submitted to a court of competent jurisdiction at our registered office.
To the extent permitted by applicable law, the informal resolution process described in this paragraph is a prerequisite to proceeding with any other process, so remember to contact us first.
FORCE MAJEURE
Neither OEPIA nor you will be responsible for any breach of these Terms and Conditions or any contract concluded based on them, caused by a situation of force majeure or a fortuitous event, as defined in the Romanian Civil Code.
Neither party shall be held responsible for the total or partial failure or delayed performance of the obligations assumed under these Terms and Conditions, if such failure or delayed performance was caused by force majeure. Force majeure is defined as an unforeseeable and absolutely insurmountable event, which cannot be controlled by the parties, which occurred after the conclusion of the contract and which prevented, in whole or in part, the fulfillment of the assumed obligations, such as, but without limit to, wars, rebellions, civil uprisings, embargoes, strikes, earthquakes, fires, pandemics, explosions, storms, floods and other natural calamities of this type.
For the elimination of any doubt, the parties expressly agree that force majeure shall exonerate them from liability only for non-fulfillment of those obligations assumed by these Terms and Conditions, which are clearly affected by the effects of force majeure, for the entire duration in which it acts. For the other contractual obligations, their fulfillment can be suspended during the period of action of force majeure, without affecting in any way the rights that were due to the parties until its occurrence.
In order for force majeure to relieve the parties of liability, the party invoking it must send the other party a written notification, by post or email, within 5 days of the occurrence of the event, in accordance with the applicable legal provisions in this matter.
If, within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party will have the right to notify the other party of the full termination of the effects of the Terms and Conditions without any of them being able to claim other damages to the other .
PARTIAL NULLITY
If any provision of these Terms and Conditions is void, voidable or unenforceable, this will not affect the validity of the other provisions. The provision considered cancelled, voidable or unenforceable will be replaced by a new provision that will reflect as much as possible the economic content of the first one.
ASSIGN OR TRANSFER OF RIGHTS
OEPIA will be able to assign or transfer in any other way to third parties, in whole or in part, its rights and/or obligations based on these Terms and Conditions or any contract concluded based on them, without any consent from the Users/ Customers. No User/Client may assign or transfer in any other way to third parties, in whole or in part, his rights and/or obligations under these Terms and Conditions or any contract concluded based on them, without the prior written consent of OEPIA.
CHANGING THE TERMS AND CONDITIONS
OEPIA reserves the right to modify these Terms and Conditions, as well as the content of the Site, at any time, without your consent or any prior notification being required, and such modifications will become applicable from the date of publication on the Site. To the extent required by law, you will receive advance notice of any such changes.
We encourage you to check the content of the Site and read these Terms and Conditions regularly to ensure that you are aware of the most recent version of these Terms and Conditions.
For any details or clarifications regarding the content or applicability of these Terms and Conditions, you can contact us through the dedicated contact form available on the Site or by email sent to the email address: office@oepia.ro.