Terms and Conditions
GENERAL DEFINITIONS
TESSITURA , www.tessitura.at, hereinafter referred to as TESSITURA, is the brand of the company SC MODA GRAVITAS SRL,company applying the Romanian law, based in BUCHAREST, Piata Amzei Street no.7-9, sc.C, et.4 , ap.13, fiscal identification code RO 39683596, registered at the Trade Register under no. J40 / 10849 / 30.07.2018, having opened the account in lei RO07BTRLRONCRT0460760201 at Banca Transilvania.
Please read the Terms, our Cookies Policy and our Privacy Policy (hereinafter collectively referred to as "Data Protection Policies") before using the Website and placing orders through it. By accessing and using www.tessitura.at and / or placing an order through it, you expressly acknowledge the binding nature of the Data Protection Terms and Policies and you agree to abide by these Terms, as well as the Privacy Policy data protection.
If you do not fully agree to the Data Protection Terms and Policies, do not use this Website. These Terms are subject to change. You are responsible for reading the full Data Protection Terms and Policies, as the applicable Data Protection Terms and Policies in effect at the time of the conclusion of the relevant contract (as defined below) or when using this Site will apply.
If you have any questions regarding the Terms or the Data Protection Policies, you can contact us at any time using the contact form or the email address office@tessitura.at. The contract (as defined below) may be concluded, if you express your choice to do so, in any of the languages in which the Terms are available on this Website.
SITE / DOMAIN:
· All information on the SITE that can be visited, viewed or otherwise accessed by using digital equipment;
· The content of any newsletter or e-mail sent to its USERS or CUSTOMERS by TESSITURA by electronic means and / or any other available means of communication;
· Any information communicated by any means by an employee of TESSITURA to the USER or CLIENT, according to the contact information, specified or not by him;
· Information related to the products, services and / or tariffs practiced by TESSITURA in a certain period;
· Information related to the products, services and / or tariffs practiced by a third party with which TESSITURA has concluded partnership contracts, in a certain period;
· Data regarding TESSITURA, or other privileged data thereof.
SERVICE - the e-commerce service conducted exclusively on the publicly available portions of the SITE, in the sense of giving the CUSTOMER the possibility to contract products and / or services using exclusively electronic means, including other means of distance communication (i.e. by telephone).
USER - The natural or legal person of public or private law who has or obtains access to the CONTENT, by any means of communication (electronic, telephone, etc.) or based on a user agreement between tessitura.at and him.
ACCOUNT - the set consisting of an e-mail address and a password that allow a single user access to restricted areas of the site through which access to the SERVICE is made.
CLIENT - The natural or legal person of public or private law who has or obtains access to the CONTENT and SERVICE, by any means (electronic, telephone, etc.) or based on an agreement of use between tessitura.at and it, or the natural or legal person who benefit from the products and / or services offered by tessitura.at and purchased by it.
NEWSLETTER - the means of periodic information, exclusively electronic, on the products, services and / or promotions carried out by www.tessitura.at during a certain period, without any commitment on the part of www.tessitura.at with reference to the information contained therein.
TRANSACTION - collection or reimbursement of an amount resulting from the sale of a product / service by TESSITURA to the Customer regardless of the delivery method.
REMOTE CONTRACT - according to the definition contained in O.U.G (Government Emergency Ordinance) no. 34/2014.
1. GENERAL POLICY
This document establishes the terms and conditions of use of the site / content / service by the user or customer, if he does not have another valid use agreement, concluded between TESSITURA and him.
1. a. Access to the service is made exclusively by accessing the public site www.tessitura.at
1. b. The use, including but not limited to accessing, visiting and viewing, the content / service, implies the adherence of the user or client to these terms and conditions unless the respective content does not have distinctly formulated conditions of use.
1. c. By using the site / content / service, the User or the Client is solely responsible for all activities arising from its use. He is also liable for any material, intellectual or electronic damages or of any other nature caused to the site, content, service, TESSITURA or any third party with which TESSITURA has concluded contracts, in accordance with the Romanian legislation in force.
1. d. If the User or the Client does not agree and / or does not accept and / or revokes his / her acceptance given for the document:
1. d. 1. He renounces: access to the service, other services offered by TESSITURA through the site, receiving newsletters and / or communications from TESSITURA of any nature (electronic, telephone, etc.), without any subsequent guarantee from TESSITURA.
1. d. 2. TESSITURA will delete all data referring to it from its database, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other.
1. e. The Client / User may at any time reconsider his decision to agree and / or accept the document, in the form in which it will be available at that time.
1. f. In order to exercise his right provided in art. 1.4, he may contact TESSITURA , or use the links in the content received from TESSITURA intended for this purpose.
1. g. The Client may not revoke the agreement expressed in favor of the document during the performance of a Contract, or until such time as he will not pay the value of all Contracts not honored against TESSITURA .
1. h. If the Customer has paid the value of all Contracts not honored against TESSITURA and revokes the agreement expressed in favor of the document during the execution of an Order, TESSITURA will cancel its Order without any subsequent obligation of any party to the other or without either party being able to claim damages from the other.
2. CONTENT
2. a. The informative / imagistic content presented on the TESSITURA website is the intellectual property of TESSITURA.
2. b. The Client / User is not allowed to copy, transfer, modify and / or otherwise alter, use, link to, expose, include any content in any context other than the original intended by TESSITURA , include any content outside the site TESSITURA, removal signs that signify the copyright of TESSITURA over the content as well as the participation in the transfer, sale, distribution of some materials made by reproducing, modifying or displaying the content, except with the express consent of TESSITURA.
2. c. Any content to which the User or the Client has and / or obtains access by any means, is under the incidence of the document, if the content is not accompanied by a specific and valid use agreement concluded between TESSITURA and it, and without any implicit or express warranty made by TESSITURA with reference to that content.
2. d. The Customer / User may copy, transfer and / or use content only for personal or non-commercial purposes, only if they do not conflict with the provisions of the document.
2. e. If TESSITURA confers to the Client / User the right to use in the form described in a separate use agreement, a certain content, to which the 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 period of its existence or these contents on the site or of the period defined in the agreement, according to the conditions defined in the agreement, if they exist and do not represent a contractual commitment from TESSITURA for that User, Customer 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 as a result of this content, during or after the expiration of the use agreement.
2. f. No content transmitted to the User or Customer, by any means of communication (electronic, telephone, etc.) or acquired by him by accessing, visiting and / or viewing constitutes a contractual obligation on the part of TESSITURA and / or to the employee TESSITURA if there is one who mediated the transfer of content, if it exists, to that content.
2. g. Any use of the content for purposes other than those expressly permitted by the document or the accompanying Use Agreement, if any, is prohibited.
3. CONTACT
3. a. www.tessitura.at publishes on the site the complete and correct identification and contact data of the Client or User.
3. b. By using the contact form or the service present on the site, the User or the Client allows TESSITURA to contact him by any available means including electronic means.
3. c. The partial or complete completion of the contact form and its sending does not represent in any way a commitment on the part of TESSITURA to contact the User or the Client.
3. d. Accessing the site, using the information presented within it, visiting the pages or sending e-mails or notifications addressed to TESSITURA is done electronically, by telephone, or any other means of communication available to the User or Customer and TESSITURA , thus considering that he consents to the receipt of notifications from TESSITURA in electronic and / or telephone manner, including communications by e-mail or through announcements on the site.
3. e. TESSITURA reserves the right not to respond to all requests of any kind, received by any means of communication (electronic, telephone, etc.).
4. NEWSLETTER
4. a. Receipt of the newsletter implies the completion of a form by the User or Customer and the unconditional acceptance of the document, if he has not already expressed this agreement.
4. b. The data taken from the User or Client for the purpose of sending the bulletin may and will be used by TESSITURA within the limits of the Privacy Policy.
4. c. The waiver of the receipt of the information bulletin by the User or Client can be made at any time:
4. c. 1. Using the specially designed link in any newsletter received.
4. c. 2. By changing your acceptance to receive the newsletter and using pages from restricted areas, by using the account.
4. c. 3. By contacting TESSITURA, in accordance with the contact information, and without any subsequent obligation of any party to the other or without any party being able to claim damages from the other.
4. d. The waiver of the receipt of the newsletter does not imply the waiver of the acceptance given for the document.
4. e. TESSITURA reserves the right to select the persons to whom it will send the newsletter as well as the right to remove from its database any User or Customer who has previously expressed his consent to receive the newsletter, without any commitment subsequently from TESSITURA, or any prior notification thereof.
4. f. TESSITURA will not include in its newsletters sent to the User or the Client, any other kind of advertising material in the form of content that refers to a third party that is not a partner of TESSITURA, at the time of sending the newsletter.
5. ONLINE SALES POLICY
5. a. Access to the service is allowed to any user who owns or creates an account or not.
5. b. In order to be allowed access to the service, the User will have to accept the provisions of the document.
5. c. TESSITURA may limit the client's access to the service, depending on his previous behavior.
5. d. It is forbidden to share an account between several clients.
5. e. In the event that such accesses are discovered, TESSITURA reserves the right to cancel or suspend the client's access to the content or service.
6. PRODUCTS OFFERED BY WWW.TESSITURA.AT
6. a. The products sold through www.tessitura.at are new, in the TESSITURA packaging and at the moment of updating the complete order status, they are accompanied by the fiscal invoice sent through the email mentioned by the CUSTOMER. The products and services are offered in compliance with the provisions of this document and within the available stock. For this reason TESSITURA assumes the right not to honor a certain order if the product is no longer in the current offer of TESSITURA.
6. b. The prices presented include VAT (19%) and do not include delivery costs. The purchase price printed on the invoice will be the same as the one established by the customer advisor TESSITURA when confirming the order as a firm order.
6. c. Even if, despite our efforts, a small number of products may have wrong prices on the site, erroneously established by our computer application, the final price is always considered the one accepted by the customer in discussions with consultants and customers TESSITURA. If the actual price of the product is higher than the price displayed on the site, our sales consultants are entitled to satisfy your request to deliver the product at the price published on the site, only to the extent that we can do so, as you you are entitled to refuse the order. If the real price is lower than the price published on the site, and you have paid the price in advance, the difference will be returned as agreed, but not later than 14 days from the date of receipt of the product. .
6. d. TESSITURA does not offer any guarantee, expressly or implicitly, regarding, including but not limited to, the operation of this site, the information, the correctness of the descriptions, the updating of the content, the products on the site and their suitability for a certain purpose. Users expressly agree that the use of this site and the purchase of related products or services is at your own risk, the only derogation being the obligation TESSITURA to grant users the right to unilaterally terminate the contract under applicable law, as detailed below in this document . The images published on the site are by way of example, and the delivered products may differ from the images presented in any way (color, tone, accessories, appearance, etc.).
7. VALIDITY OF OFFERS
7. a. TESSITURA reserves the right to modify the tariffs for the products and / or services available on the site without prior notice to the User or Customer.
7. b. The purchase price of the products and services is the one from the moment of issuing the order, within the available stock.
7. c. The purchase price of the promotional products and services is the one from the moment of issuing the order, within the limit of the available stock and / or of the promotional period, in case it is defined.
7. d. The purchase price of the products or services from an issued order cannot be changed at a time subsequent to its issuance except with the agreement of the parties.
7. e. The purchase price of the products and / or services from an honored contract cannot be changed.
7. f. The customer can give up the products and services purchased by order, only in the period between the issuance of the order and its transformation into a contract, only if the payment method chosen by him is a refund.
7. g. The customer may waive the products and / or services purchased by contract, according to art. 13.
7. h. Promotions and discounts are applied only in the period mentioned on the promotion materials, and the prices are calculated according to the conditions stipulated in them.
7. i. In case of returning the products in the promotion: If by removing a / some products the conditions stipulated on the promotion materials are no longer observed, the price of the product / products remaining in the order is calculated without applying the promotion!
8. ONLINE ORDER
8. a. The customer can place orders for products sold at any time, exclusively on the site.
8. b. By completing the order, the Customer agrees that all data provided by him, necessary for the purchase process, are correct, complete and true at the date of placing the order, named in this document and the order issued.
8. c. By completing the order, the Customer agrees that TESSITURA may contact him, for the following purposes / situations, by any means available / agreed by TESSITURA, depending on the purpose / situation:
8. c. 1. Validation of product availability and quantities purchased by the Customer.
8. c. 2. The validation by the Client of the equivalent value of the order made, according to art. 8.c.1, and including depending on the situation and other value-added services (i.e. transport, etc.)
8. c. 3. Establishing by mutual agreement the delivery details of the products.
8. d. TESSITURA may automatically terminate the order placed by the Customer, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other party, in the following cases:
8. d. 1. The data provided by the Client on the site are incomplete or incorrect
8. d. 2. The Client's activity on the site may and / or cause damages of any kind on the part of TESSITURA and / or its partners
8. d. 3. without any justification.
8. e. 1. The customer can cancel an order when contacted in accordance with 8.c.
8. e. 2. From the moment the Customer validates the value of the order made or when TESSITURA informs the Customer about his validated order, his order becomes a Distance Contract, thus applying the definitions contained in O.U.G (Government Emergency Ordinance) no. 34/2014, named in this document Contract, to which are attached, but not limited to, these Terms and Conditions.
8. f. The delivery details of the products including but not limited to the time necessary for delivery do not constitute a contractual obligation on the part of TESSITURA, without either party being able to claim damages from the other, if either party can be or is prejudiced in any way as a result of their violation.
8. g. In case a Client modifies his personal data, using the forms available on the site, all the ongoing contracts existing at that moment, keep his data defined / accepted by the Client before the moment of modification.
8. h. It is allowed to use a single voucher by the Customer on an order placed online. The use of several vouchers will lead to the cancellation of the order by TESSITURA representatives.
9. PAYMENT OF PRODUCTS
9. a. The ordered products must be paid in full, otherwise the delivery will not be made. Payment for products ordered from the website www.tessitura.at according to these "Terms and Conditions" can be made in advance or upon delivery of the products (refund). TESSITURA reserves the right to request payment of products in advance in certain cases.
9. b. Advance payment can be made through the secure payment system EuPlatesc or Paypal for orders placed in and on the territory of Romania, through PayU and Paypal for orders placed in and out of Romania, orders with advance payments made having priority in the process International orders do not benefit from the Cash on Delivery system. Credit cards are subject to validation and authorization checks by the issuing institution. If we do not receive the necessary authorization, we will not be liable for any delay in the delivery of the ordered products or, as the case may be, their non-delivery and we will not be able to conclude any Contract with you.
10. DELIVERY
10. a. The delivery of the products will be made anywhere on the Romanian territory, within 1-5 working days, after the confirmation of the order from the client, by telephone, by message. Orders paid in advance through the EuPlatesc or Paypal payment system will be sent immediately after their authorization, without the need for confirmation from the customer. If the delivery is not successful within the mentioned term, you will be contacted by phone.
TESSITURA reserves the right to confirm orders before honoring them by contacting customers.
Delivery is made by express courier, the tariffs being the same in any location on the Romanian territory. In the case of international orders, the delivery has a term of 1-4 working days, the rates are established according to the client's destination and are always updated on the website www.tessitura.at depending on the variations of the exchange rate.
The customer is notified by the telephone courier company, by email and messages on the number provided by the delivery term, the amount due by the customer (in the case of the Refund payment system) and possible delivery retries, if applicable.
10. b. If the customer is not found at the mentioned address, within the time interval established by mutual agreement, our courier will return once again after he manages to contact him, after which the order will be canceled and the product returned to the headquarters TESSITURA, the customer will bear the costs of a new delivery, regardless of the value of the ordered products. In the case of customers who have refused deliveries in the order history, TESSITURA reserves the right not to ship subsequent orders until after making their advance payment through the card / Paypal payment system.
10. c.TESSITURA reserves the right to delay or cancel deliveries of ordered products if they cannot be honored for reasons independent of TESSITURA which include: fires, explosions, floods, epidemics, strikes, government actions, wars, acts of terrorism, protests, riots, civil unrest or other impediments to force majeure according to the customs of Romanian law.
10. d. The maximum value of the damages that can be paid by TESSITURA to any customer in case of non-delivery or improper delivery is the value of the amount collected by TESSITURA from this customer.
11. RETURN OF PRODUCTS
11. A. The TESSITURA customer can return the products purchased through a Contract, in the following situations:
11. a. 1. The product does not comply with the specifications on the site
11. a. 2. Packages with severe damage
11. a. 3. Products that were delivered incorrectly
11. a. 4. Products that have erroneously ordered sizes (thicknesses)
11. a. 5. ˆ „The consumer has the right to unilaterally terminate the distance contract, without penalties and without invoking a reason, within 14 calendar days from the receipt of the product or, in the case of services, from the conclusion of the contract. The only costs that may be borne by the consumer are the direct costs of returning the products "according to O.U.G (Government Emergency Ordinance) no. 34/2014, for individuals who purchase products from sites, using distance communication techniques, applying the definitions contained in O.U.G (Government Emergency Ordinance) no. 34/2014. The cost of a return process is 20RON + VAT for orders made from and on the Romanian territory. The cost of a return process for international orders exceeds the delivery cost, being communicated to you at the time of completing the Return Form.
11.B. The customer is obliged to notify TESSITURA , his intention to return the purchased products, by filling in the return form on the website www.tessitura.at within a maximum of 14 calendar days from receiving the products and / or services, in case of art. . 11.a.5.
11.C. The client is obliged to notify TESSITURA , his intention to replace the purchased products, according to art. 11.a.4, by completing the return form within a maximum of 14 calendar days from the receipt of the products and / or services, in accordance with art. 11.a.5.
11. d. The customer who notified TESSITURA according to art. 11.a.2 / art. 11.a.3 has the responsibility to ensure that the products he referred to will be returned to TESSITURA within a maximum of 14 calendar days from the date of shipment. notification, otherwise TESSITURA considering the request unfounded / invalid.
11. e. The TESSITURA customer may not return the products purchased through a Contract, and / or may not claim any other damages / damages, for the following purposes or situations:
11. e. 1. Replacement of the purchased product with another product with other specifications or of a different type, except for the situation provided in art. 11.a.4.
11. e. 2. The return request in case of art. 11.a.2 or 11.a.3 caused by any situation provided for in 11.a. has the date of dispatch that exceeds the period of 14 calendar days provided according to art. 11.a.5, from the working day following the date of the honored contract.
11. e. 3. In case of returning the product with one of the causes declared in art. 11.a, the returned product is not in the same condition in which it was delivered. Your right to cancel a Contract applies only to products that are returned in the same condition in which they were received. Please return any product using or including its original packaging. You must also send all original boxes, labels, instructions / documents (if any) and packaging with the returned product. No refunds will be made if the product has been used after unsealing, is not in the same condition as it was delivered or is damaged. Consequently, you should take reasonable care of the products as long as they are in your possession.
11. f. In case of reimbursement of the value of the product, this will be done within 14 calendar days from the date of receipt of the products, by bank transfer, in the bank account that the customer mentions in the return form completed on the website www.tessitura.at. The bank account must belong exclusively to the customer who placed the order.
11. g. In case of replacement of the product with an identical one, according to 11.a.4, the replacement will be made under the conditions and limits of a normal order.
11. h. If the Customer who returned a product in accordance with the provisions of art. 11.a.4, and www.tessitura.at does not have an identical product for replacement, he will offer the customer the value of the product and in accordance with 11.f.
11. i. The equivalent value of the additional services, including but not limited to the transport of the products, paid by the client, is not reimbursed.
11. j. In all cases, the return / re-shipping costs will be borne by the customer.
11. k. Breaking the attached labels leads to the removal of products from the category of returnable ones.
After completing the return form, TESSITURA will send the courier company to pick up the package from the CLIENT's address, the client being notified in advance by the courier company. The CUSTOMER cannot send the order by another courier / transport method. Also, the CUSTOMER must not pay the value of the transport at the time of picking up the package, but after handling the order at TESSITURA and communicating the final decision of the customer.
11.l. The products from the seasonal discount campaigns announced in the social media held by TESSITURA cannot be returned, but can be exchanged with another product within the available stock.
12. FRAUD AND SPAM
Quality of hosting services, links to other sites, operating errors
TESSITURA cannot be held responsible for any errors on the site regardless of the reasons for their occurrence, including changes to the site, settings, or updates to the scheduled scripts. TESSITURA cannot be held responsible for errors caused by the use of certain browsers to visit the TESSITURA site. TESSITURA is not responsible for the content, quality or nature of the sites reached through links on the site www.tessitura.at. For those sites, the full responsibility lies with the owners of the sites in question.
Subscribe and unsubscribe to the newsletter
Subscribing and unsubscribing to the newsletter of the site www.tessitura.at is free and voluntary, and implies acceptance of the following terms of use. The messages sent are not unsolicited and you can always unsubscribe by following the instructions in the footer of each email. The messages sent respect the law of Electronic Commerce regarding the commercial communication as it is stipulated by the Romanian and international legislation.
The use of the newsletter is made under the same conditions of limitation of liability from the point of view of content as the use of the site is authorized, under the conditions provided by this document, and the privacy policy is described in detail in the next section. TESSITURA holds all the rights over the content of the newsletter sent to the subscribers under the same conditions as for the information published on the site, in accordance with the provisions of this document.
The subscribers of the TESSITURA newsletter can resend these commercial communications to other persons, on their responsibility, and in the conditions in which they have not modified neither the structure, nor the content of the respective messages. The persons who received from the subscribers of the newsletter TESSITURA the commercial messages, are considered to have been informed in advance by the subscribers about the provisions of this article. In this context, TESSITURA cannot be held liable in any way for the actions of its subscribers.
TESSITURA reserves the right to restrict the access of any subscriber to the newsletter, if it has any reason to believe that the subscriber does not comply with the provisions of this document.
12. 1. TESSITURA does not request from its Clients or Users by any means of communication (e-mail / telephone / SMS / etc) information regarding confidential data, bank accounts / cards or personal passwords.
12. 2. The Customer / User assumes full responsibility for the disclosure of a confidential data to a third party.
12. 3. tessitura.at declines any responsibility, in the situation in which a User / Client would be / is prejudiced in any form by a third party that would claim that it is / represents the interests TESSITURA.
12. 4. The Client or the User will inform TESSITURA about such attempts, using the contact data.
12. 5. TESSITURA does not promote SPAM.
12. 6. Any user / client who has explicitly provided their email address on the site can choose to delete it.
12. 7. Communications made by TESSITURA by electronic means of distance communication (i.e. e-mail) contain the complete and compliant identification data of the sender or links to them, at the date of transmission of the content.
12. 8. The following purposes have been achieved or will not be considered an attempt to defraud the site / content and / or TESSITURA and the criminal investigation will be launched against the person or persons who tried or achieved this purpose. (hate):
12. 8. 1. to access the data of any type of another user / Client by using an account or by any other method.
12. 8. 2. to alter or otherwise modify the content of the site or the Content sent by any method by TESSITURA to the User / Customer
12. 8. 3. to affect the performance of the server / servers on which the site runs
12. 8. 4. to access or disclose to any third party who does not have the necessary legal authority, the content sent by any means by TESSITURA to the User / Customer when he is not the legitimate recipient of the content.
13. LIMITATION OF LIABILITY
13. a.TESSITURA cannot be held responsible to any natural or legal person who uses or relies on content.
13. b. TESSITURA cannot be held responsible for any kind of damage (direct, indirect, accidental or not / etc) resulting from the use or inability to use the information type content presented or not on the site or for any type errors or omissions in the presentation of the content that may lead to any loss.
13. c. If a User / Customer considers that a Content sent by any means by TESSITURA, violates copyright or any other rights, he may contact for details TESSITURA, according to the contact details, so that TESSITURA to be able to make an informed decision.
13. d. TESSITURA does not guarantee the user or client access to the site or the service and does not give him the right to download or to modify partially and / or entirely the content, to reproduce partially or entirely the content, to copy, or to to exploit any content in any other way, or to transfer to any third party any content over which it has and / or has obtained access, based on an agreement of use, without the prior written consent of TESSITURA.
13. e. TESSITURA is not responsible for the content, quality or nature of other sites accessed through content links, regardless of the nature of these links. For those sites, the responsibility lies entirely with their owners.
13. f. TESSITURA is exonerated from any guilt in the case of using the sites and / or the content transmitted to the User or Client by any means (electronic, telephone, etc.), through the sites, e-mail or an employee of TESSITURA, if any, when this use of the content may or does cause damage of any kind on the part of the User, the Client and / or any third party involved in this transfer of Content.
13. g. TESSITURA does not offer any direct or indirect guarantees such as:
13. g. 1. the service / product will be according to the client's requirements
13. g. 2. the service / product will be uninterrupted, safe or error free of any kind
13. g. 3. the products / services obtained free of charge or for a fee through the service will correspond to the client's requirements or expectations
13. h. The operators, administrators and / or owners of the site are in no way responsible for their relationships or consequences resulting from, but not limited to, acquisitions, special offers, promotions, promotions, or any other type of relationship / connection / transaction / collaboration / etc. which may occur between the client or user and any of those who promote themselves directly or indirectly through the site.
14. CONFIDENTIALITY POLICY
14. a. TESSITURA guarantees the security and confidentiality of the data hosted and transmitted through its computer system. This information can be used by TESSITURA to send the user order confirmation, various special offers, promotions, etc. only with the prior consent of the client. The provision of personal data to TESSITURA does not imply obligations on the part of the users and they can refuse the provision of these data in any circumstances and can request for free their deletion from the database. Any such request / notification in order to delete them from the database, will be dated, signed and sent by the person registered in the database by e-mail to office@tessitura.at.
14. b. TESSITURA undertakes that personal data will not be disseminated to third parties except for the direct marketing operator. However, personal data may be transmitted to the authorities entitled to verify commercial transactions or to other authorities entitled to carry out any justified verifications under the law, if this is required in accordance with the laws in force.
14. c. The information provided to TESSITURA are used only for the purpose for which they were entered (making orders, sending messages to OFG staff, subscribing to the newsletter, etc.), according to the laws in force. TESSITURA does not provide your e-mail address to third parties, does not encourage spam, and does not make public the data provided by its customers without their explicit consent.
14. d. TESSITURA certifies that it will respect the rights conferred by Law no. 677/2001 regarding the protection of persons regarding the processing of personal data and the free circulation of these data, of Law no. 365/2002 on electronic commerce, as well as Ordinance no. 130/2000 on consumer protection when concluding and executing distance contracts with subsequent amendments. These rights include (the enumeration is not limiting):
· The right to ask TESSITURA to confirm the processing or not of your personal data, free of charge;
· The right to ask TESSITURA to rectify, update, block or delete, free of charge, those data provided whose processing is not in accordance with the provisions of Law no. 677/2001;
· The right to request TESSITURA to stop, free of charge, the processing of your personal data;
· The right to ask TESSITURA to stop sending promotional messages.
Any such request / notification will be given, signed and sent by the person registered in the database by e-mail to office@tessitura.at
TESSITURA cannot be held responsible for the errors occurred as a result of the user's negligence regarding the security and confidentiality of his account and password. TESSITURA cannot be held responsible in any way for the loss or alteration of personal data stored for the purpose specified in this document.
15. MAJOR FORCE AND FORCED CASE
15. a. Except in cases where they have not expressly provided otherwise, none of the parts of a contract concluded, which is still in progress, shall be liable for the non-performance on time and / or properly, in whole or in part, of any of the obligations incumbent on them under the contract, if the non-execution of the respective obligation was caused by an event of force majeure.
15. b. The party or legal representative of the party invoking the above-mentioned event is obliged to inform the other, immediately and completely, of its occurrence and to take any measures available to it in order to limit the consequences of that event.
15. c. The party or legal representative of the party invoking the above-mentioned event is exempted from this obligation only if the event prevents it from carrying it out.
15. d. If within 15 days from the date of its occurrence, the respective event does not cease, each party will have the right to notify the other party of the full termination of this contract without any of them being able to claim damages from the other.
15. e. The party invoking the force majeure event must prove the impossibility of executing the obligations within 30 days from the date of the event but within the limits of art. 15. c.
16. LITIGATION
16. a. By using / visiting / viewing / etc the sites and / or any content sent by TESSITURA to the User / Customer by accessing and / or sending by any means (electronic, telephone, etc.), he agrees at least with the present " Terms and conditions of use".
16. b. Any dispute with reference to these “Terms and Conditions” that may arise between the User / Customer and TESSITURA will be settled amicably.
16. c. TESSITURA is not liable for any loss, costs, lawsuits, claims, expenses or other liabilities, if they are directly caused by non-compliance with the Terms and Conditions.
16. d. Any dispute of any kind that may arise between the User and TESSITURA or its partners will be resolved amicably. If this is not possible, the conflict will be resolved in court, in accordance with the Romanian laws in force.
16. e. If any of the above clauses is found to be void or invalid, regardless of the cause, this clause will not affect the validity of the other clauses.
16. f. This document has been drafted and will be interpreted in accordance with Romanian legislation.
17. VIRUSES, HACKING AND OTHER CYBER CRIMES
It is not permitted to abuse this Website www.tessitura.at by deliberately introducing hardware viruses such as hardware and software, as well as any other unauthorized computer programs or any other material that is malicious or technologically harmful. . Any attempt to gain unauthorized access to this Website www.tessitura.at, the server hosting this Site or any other server, computer or database associated with our Website is prohibited. You agree not to attack this Website through a "denial of service" attack or a distributed "denial of service" attack.
By violating this provision you may commit an offense under the applicable regulations. We will report any such violation to the appropriate law enforcement authority and cooperate with the appropriate authority to make the hacker's identity known. Also, in the event of such a breach, your right to use this Website will cease with immediate effect. TESSITURA will also take all necessary steps to restrict your access to the Site for the maximum period permitted by law.
TESSITURA assumes no responsibility for any loss or damage caused by a "refusal of service" attack, virus or any other software or material that is malicious or technologically harmful to your computer, equipment, data or materials. as a result of using this Website or downloading its content or other websites to which this Website redirects you.
18. FINAL PROVISIONS
18. a. TESSITURA reserves the right to make any changes to these provisions, as well as any changes to the site / its structure / service, including changes that could affect the site and / or any content without prior notice to the User or Customer .
18. b. TESSITURA will not be held responsible for any errors on the site for any reason, including changes, settings, etc., which are not made by the site administrator.
18. c. TESSITURA reserves the right to insert advertising banners of any nature and / or links on any page of the site, in compliance with the legislation in force. Exceptions are the pages where the partner companies or their offers are presented and where banners of a competitive nature will not be introduced.
Any other problem caused by the products and services presented on www.tessitura.at and which is not already addressed by any article in this document, will be resolved amicably within 30 working days from the date of written notification of the problems. , by the user.
If the dispute has not been settled amicably, the jurisdiction rests with the Romanian courts or an alternative dispute resolution body, agreed by both parties. By agreeing to these Terms and Conditions of Use of the site www.tessitura.at, the customer fully assumes the consequences arising from the use of the site in these conditions.
