I. GENERAL PROVISIONS
II. ELECTRONIC SERVICES WITHIN THE ONLINE STORE AND THE APP
III. CONDITIONS FOR THE CONCLUSION OF THE CONTRACT OF SALE
IV. PAYMENT TERMS AND CONDITIONS FOR PRODUCTS
V. COST, MODALITIES AND DELIVERY TIMES OF THE PRODUCT
VI. PRODUCT COMPLAINT
VII. OUT-OF-COURT METHODS OF EXAMINING THE COMPLAINT, THE MEANS OF CLAIMING AND ACCESS TO THESE PROCEDURES
VIII. RIGHT OF WITHDRAWAL FROM THE CONTRACT
IX. LICENSE
X. PROTECTION OF PERSONAL DATA
XI. RIGHT OF WITHDRAWAL FROM THE CONTRACT AND AMENDMENT OF THE REGULATION
XII. PROVISIONS FOR NON-CONSUMER CUSTOMERS
XIII. FINAL PROVISIONS
I. GENERAL PROVISIONS
1. The online store available at the internet address www.arplay.ro is managed by INVEST NET GROUP S.R.L. based in Bucharest: Reconstructiei Entrance, no. 8, bl. 28BIS, 10th floor, Ap. 87, sector 3 registered with the Bucharest Trade Register with the Bucharest Trade Register with number J40/15732/2004, CIF: RO11645460. Contact details for customers: phone number +40 755 33 00 35, e-mail address: support@arplay.ro hereinafter referred to as AR PLAY.
2. The use of the Online Store requires the fulfillment by the final devices and of the teleinformatic system used by the Client, of certain technical requirements.
3. The Regulation is addressed to both consumer and non-consumer customers who use the Online Store, Electronic Services or conclude Sales Contracts (except for point XII of this regulation Regulation that is addressed only to entrepreneurs).
4. Acceptance of the Rules is voluntary, but necessary for the creation of the Account and/or for the purpose of placing the order by the Customer.
5. The information presented within the Online Store or, in case of placing orders with the use of other means of distance communication, electronic message confirming the content of the Contract of the proposed Sale, which is referred to in point III, art.6 lit. a, of the Regulation constitutes the invitation to conclude the Sales Contract within the meaning of art. 2 point 7 of GEO 34/2014, sent by the Seller To customers through the Online Store, and not an offer within the meaning of the Civil Code.
6.Whenever the following capitalized terms are used, they shall be interpreted in the following sense, unless explicitly stated otherwise in the context of their use.
a. APPLICATION software application (mobile application) made available to the Customer by AR PLAY, intended for installation on a mobile device owned by the Client and which allows, in particular, use of the Online Store without the need to open the web browser.
b. DRC DRC = AR PLAY Customer Care Department, which provides Customers with information on the activity carried out through the Online Store, including information on Products, Store Online, Regulation or Valid Promotions, on Working Days and is available from Monday to Friday and Saturday between the hours indicated on the arplay.ro/contact page, at the phone number +40 755 33 00 34, at the e-mail address: support@arplay.ro, via online chat within the Online Store as well as using the contact form in the Online Store in the „Contact” section. Standard tax number according to the operator’s tariff.
c. PRICE expressed in RON represents the amount of gross remuneration (containing VAT tax) belonging to the Seller from the title of transfer of the Product’s property to the Customer in accordance with the Sales Contract, by through the Online Store. The price does not include delivery costs, unless the Conditions of the Promotion used by the Online Store set otherwise.
d. WORKING DAY one of the days from Monday to Friday, except for public holidays, declared days off.
e. PASSWORD an alphanumeric string necessary to authorize access to the Account, established by the Client when creating an Account. Registering your account requires repeating your password twice to detect and correct mistakes. The client is obliged to keep passwords in confidentiality (not disclose to third parties). AR PLAY offers the Client the possibility of changing the password.
f. CLIENT – (1) natural person with full capacity to act legally and in the cases provided by the generally applicable rules, natural person with limited legal capacities;(2) legal person; or (3) organization without legal personality, which is legally recognized as having its legal capacity recognized; – which has concluded or intends to conclude a Sales Contract with the Seller. The client is a natural person with limited legal capacity , the latter undertakes to obtain an effective legal consent of its statutory representative for the conclusion of the Service Supply Contract / Sales Contract and to hand over this consent at each request of AR PLAY or the Seller and, in while, as a rule, Sales contracts concluded through the Online Store are agreements commonly concluded for minor day-to-day matters.
g. CIVIL CODE Romanian Civil Code, Law 365/2002, GEO 34/2014, Law 193/2000, GEO 140 /2021.
h. CONSUMER The natural person who carries out a legal activity with an entrepreneur who is not directly related to his business or profession.
i. ACCOUNT – The Electronic Service, identified by username (Login) and Password entered by the Client, resources collected by the AR PLAY information system, allowing the Client to use the functionalities / services additional. The client gains access to the Account with the help of Login and Password. The customer logs in to their Account after registering for the Online Store. The account may allow, in particular, to store the Customer’s address information for shipping products, track the status of the order, access the Order History as well as other services made available by AR PLAY. The client is responsible for keeping the access password secret in the single account. The customer understands that if he entrusts someone with the password of his account, that person also has access to his or her personal data. The personal data entered when creating the account will not be transferred by the online store to third parties.
j. COS – a service offered to each Customer who uses the Online Store to allow him to place the Order for one or more products, to make the Reservation, to enter the codes discount that rewards the price decrease under the conditions of certain contracts / regulations, viewing a summary of the Prices of the Products and all the products together (including possible shipping costs), viewing the estimated delivery date of the Products. The shopping cart collects the offers submitted by the Customer for the conclusion of the Sales Contract. Through an Order, only one product can be added to the cart in order to conclude the Sales Contract. Information regarding the customer’s behavior to add or delete purchases from cart or buy or not, will not be used to create a behavioral profile.
k. LOGIN the e-mail address of the Customer provided within the Online Store during the creation of the Account
l. NEWSLETTER – The Electronic Service, which allows all Customers who use it to receive periodic information from AR PLAY, especially about products, online store, including new products and promotions, at the e-mail address or telephone number provided by the Client, with the express consent of the Client. The terms of service of the Newsletter by ARPLAY are set out in separate regulations, made available as part of the Online Store.
m. PRODUCT – movable or digital good, available in the Online Store that is the subject of the Sales Contract between the Customer and the Seller through the Online Store, after paying the Price. All products presented in the Online store are from the new factory.
n. DIGITAL ELEMENTAL PRODUCT – Mobile body product incorporating or interconnected with a digital content or service, so that in the absence of that digital content or digital service, the good could not perform its functions (e.g., digital image / printed on various media).
o. PROMOTIONS special conditions of sale or offering of services, regulated under the conditions expressed within the Online Store, proposed by the Seller or other relevant entity, of which the Customer will be informed as part of the Promotion, within a specified time, from which the Customer may benefit under the conditions specified there, e.g. reduction of the Price or delivery costs, within the limit of the available stocks (Art.32 of GO 99/2000).
p. REGULATION REGULATION / CONTRACT FOR THE PROVISION OF SERVICES this document that establishes the rules for the conclusion of the Sale-Purchase Contracts and the rules for the provision and use of the services made available to customers by ARPLAY through the Online Store, including the reservation service. The Regulation defines the rights and obligations of the Customer and the Seller. Within the electronically provided services , these regulations are regulated by the provisions of Law 365/2002 on the provision of electronic services.
q. ONLINE STORE the sales platform that allows the placing of Orders by the Customer as well as the provision of services made available by AR PLAY, administered by AR PLAY, constituting a set of internet pages related to each other, available at: www.epantofi.ro, but also through the Application.
r. SELLER; SERVICE PROVIDER INVEST NET GROUP SRL based in BUCHAREST, str. RECONSTRUCTION entry 8, bl. 28BIS, ap. 87 sector 3, ONRC no.: J40 / 15732 / 2004, CUI: RO11645460, e-mail address: support@arplay.ro, contact phone number: 0755 33 00 35 (tariff as for a standard call – depending on the operator’s price list relevant).
s . CONTENT/CONTENTS – text, graphic or multimedia elements ( such as Product information, product images, promotional videos, descriptions, comments), including works in the sense of The Copyright and Related Rights Act and the images of persons who are distributed within the Online Store by the respective SELLER AR PLAY, the Seller’s contractor, To the customer or to another person who uses the online store.
t. SALES CONTRACT – distance sale contract, within the meaning of art. 2 point 7 of GEO 34/2014, through the Online Store, regarding the sale by the Seller to the Customer of the Products with payment of the Price plus any other additional costs, including shipping costs, the terms of which are specified in this Regulation. The sales contract is concluded between the Customer and the Seller through the means of distance communication, after acceptance of the Order by the Seller in accordance with the principles laid down in this Regulation. The Sales Contract refers in particular to the Product, its main characteristics, price, shipping costs and other relevant conditions. Each Product is subject to a Sales Contract. The Seller may enter into a Sales Contract with a nonconsumer customer and as a result of the conclusion of a Contract without the procedure set out in these Terms and Conditions, which will be confirmed by e-mail at the request of one of the parties to the contract.
u. DIGITAL SERVICE – a service offered by AR PLAY electronically in the sense of understanding GEO 140 / 2021, to the Customer through the Online Store in accordance with the Service Provision Contract.
v. LAW ON CONSUMER PROTECTION, LAW – OUG 34/2014 on consumer rights in contracts concluded with professionals, GO 130/2000 on consumer protection when concluding and executing distance contracts.
w. TECHNICAL REQUIREMENTS – minimum technical requirements the fulfillment of which is necessary for the collaboration with the teleinformatic system used by the Seller, including the conclusion of the Service Contract or the conclusion of the Sales Contract, namely: (1) computer, laptop or other multimedia device with internet access (in the case of the Application mobile devices); (2) access to e-mail; (3) Internet browser: Mozilla Firefox version 17.0 and later or Internet Explorer version 10.0 and later, Opera version 12.0 and later, Google Chrome version 23.0. even higher, Safari version 5.0 and higher ; (4) Recommended minimum screen resolution: 1024×768; (5) inclusion in the web browser of the ability to save cookies and use Javascript; in case of concluding the Sales Contract by phone: (6) by phone; in the case of the App: (8) the operating system of the mobile device: Android version 4.0.3 or higher, or iOS 9.0.4 or higher, (9), a mobile device with a camera and geolocation (GPS) service. To enter into a Sales Contract, the Customer must have a valid or active email address, as well as a keyboard or other device, which it offers the possibility to fill in the electronic forms accordingly.
x. ORDER a statement by the Customer expressing the direct will to conclude a Distance Sale Agreement with the Seller, through the Online Store, using the means of distance communication specifying the Products for which the Customer submits a bid for the conclusion of a Sales Contract and the Customer’s data necessary for the conclusion and execution of the Sales Contract. The order of each Product will be treated as an independent offer of the Customer for the conclusion of a Sales Contract (technical facilities). The order can receive a number and all offers will be processed in parallel. Acceptance of the Order means the conclusion of a Sales Contract (see point (s) above).
II. ELECTRONIC SERVICES IN THE ONLINE STORE AND THE APPLICATION
1. AR PLAY provides the following electronic services to Customers free of charge through the Online Store, including in particular (the service catalog may vary depending on the current functionality of the Online store provided by AR PLAY):
a. Account,
b. offers customers the possibility of placing Orders as well as concluding Sales Contracts with the Seller, through the Online Store, under the conditions regulated by this Regulation;
c. presents to Customers the advertising content tailored to their interests;
d. offers the possibility of using the shopping cart;
e. offers the possibility of viewing the Content displayed within the Online Store ;
f. Newsletter;
g. in the case of the Clients of the Application (the present regulations may be applied to the current Electronic Services or introduced in the future the possibility of using the established Electronic Services arising from the functionality of the current Application ):
– scanning with the help of the device and saving the barcodes of the chosen products
– presentation of the products in the Online Store based on the entered pictures chosen by the Customer;
– presentation of current notifications directly on the screen of the mobile device (push notification);
– creating the list of Preferences;
2. AR PLAY, in addition to the Customers who have their Account created, offers the following services free of charge through the Online Store:
a. maintaining the Client’s session by logging in to the Account (using the browser or application);
b. storing and making available to the Customer through the Account the History of Orders;
3. The use of the Account is possible after the completion of the following steps by the Client:
a. filling in the registration form, understanding and accepting the provisions of this Regulation. If the customer does not understand the terms used, we recommend that they do not register.
b. and pressing the „Register” button.
4. The contract on the Provision of Services is concluded upon receipt by the Client of the confirmation of the conclusion of the Service Provision Contract sent by AR PLAY to the e-mail address provided by the Client during registration. The account is offered free of charge for an indefinite period of time. The Customer may at any time and without indicating the reason, delete the Account (cancellation of the Account) by sending a request to AR PLAY, in particular by e-mail to: support@arplay.ro Account creation is required to place an order within the Online Store, but it is NOT required when scanning personal or product images that have been configured by someone else in the Online Store.
5. The use of the Basket begins the moment the customer adds the Product to the cart.
6. The shopping cart is offered free of charge and has a singular character and ends when the Order is placed through it or when the Customer does not complete the Order through through it, and the Shopping Cart saves the information selected by the Client even after the end of the session the browser or application, including disconnection, for a period of no more than 7 days, but do not reserve the products.
7. The Client undertakes to:
a. providing data in accordance with reality when placing Orders or in the registration forms when creating the Account;
b. immediate updating of the data, including personal data, provided by the Client to the Seller at the time of the conclusion of the Service Provision Agreement or the Sales Contract, in specifically for the proper performance of services; The Customer has the possibility to modify at any time the data entered during the creation of the Account using all the available options within the Account sections;
c. use of the services and functionalities made available by AR PLAY in a way that does not interfere with the operation of the Online Store or application (may be considered an action that disrupts the operation of AR PLAY, the Online Store or the App, in particular placing Orders in a way that justifies the suspicion of using tools that automate the process placing orders, in particular robots, or using the services and functionalities made available by AR PLAY in a manner that indicates the intention to violate the provisions of the Regulation or of the law);
d. the use of the services and functionality made available by AR PLAY in accordance with the legislation in force, with the provisions of the Regulation, as well as the rules accepted by the company.
e. using the services and functionalities made available in the Online Store in a way that is not burdensome for other Customers and for the Seller and AR PLAY;
f. payment on time of the price and other costs established by the Customer and the Seller, of the total amount;
g. timely taking over of the ordered products by using the delivery method and online card payment;
h . failure to provide and transmit within the Online Store content prohibited by law, in particular the Content that violates the copyrights of third parties or their property personal;
i. does not initiate the following actions:
– transmitting or placing unsolicited commercial information on the Online Store or posting any content that violates the law (prohibition of publishing illegal content);
– carrying out computer activities or any other activities aimed at obtaining information that is not intended for the Customer, including data of other Clients or that interferes with the Principles, or the technical aspects of the operation of the Online Store, the Application and the payment;
– unauthorized modification of the Content provided by AR PLAY, in particular those provided within the Online Store of Prices or product descriptions.
j. downloading the Application only from legitimate sources .
8. Complaints regarding the provision of electronic services or the Application can be submitted in electronic format by electronic mail to the address: support@arplay.ro;
9. It is recommended that the Client specify in the complaint/complaint:(1) the nature and circumstances regarding the subject matter of the complaint, in particular, the type of irregularity and the date when it occurred; (2) the Client’s request (s); and (3) the contact details of the complainant all this will ease and speed up the examination of the complaint by AR PLAY.
The requirements listed above are a model and do not influence the effectiveness of the complaints submitted if the recommended model is omitted.
10. The resolution of the complaint by AR PLAY can be done immediately, no later than 30 calendar days from the date of confirmation of receipt of the complaint.
11 . AR PLAY allows the Customer to download the App to the Client’s mobile device for free from the following online stores with mobile applications, in particular:
a. Apple App Store, for mobile devices with iOS operating system;
b. Google Play, for mobile devices with Android operating system.
12. The use of Applications downloaded from sources other than those referred to in Article 11 above, may lead to the risk of compromising the integrity of the application and connection to harmful software by putting thus jeopardizing the security of the Client’s mobile device and the data stored on it.
13. In order to be able to use the App, the Customer must:
a. to consult these Rules and the information provided about the Application made available in the stores referred to in Article 11 above and to accept them, and
b. download the App from the store referred to in Article 11 above, and
c. install the App on your mobile device by following the instructions displayed when the installation process is started or provided by the stores referred to in Article 11 above.
14. The application facilitates the connection with the Online Store through the link displayed when describing the application or through the buttons in the application menu.
15. The functionality of the Application assists in the provision by AR PLAY of the Image Scanning Services or products configured and ordered from the Online Store.
16. The application does not store and does not access the customer ID from the Online Store and can be uninstalled (removed) at any time from the mobile device by the Client / User.
17. In order to use the functionality of the application referred to in point II, Article 1 letter g above, it is necessary that the Customer voluntarily accepts the access of the application to certain functionalities of the mobile device of the Client, the Client’s voluntary consent to receive „push” notifications or to provide AR PLAY with information about the Client’s preferences.
18. The Customer may revoke at any time the consent referred to in Article 17 above or uninstall (delete) the Application from his mobile device using the appropriate settings of the the device for this purpose.
III. CONDITIONS FOR THE CONCLUSION OF THE CONTRACT OF SALE
1. The main characteristics regarding the provision with taking into account the object of the service as well as the method of communication with the customer are established on the page of each Product.
2. AR PLAY offers the possibility to submit the Order for Products only on the Online Store page;
3. As part of the development of the services provided, AR PLAY may introduce other methods of placing orders through means of distance communication, under the conditions specified therein Regulation.
4. The conclusion of the Sales Contract between the Customer and the Seller takes place after placing the order by the Customer.
5. AR PLAY allows the Customer to place the Order through the Online Store in the following way:
a. The customer adds the selected Product to the Shopping Cart and then goes to the Order form.
b. The customer who holds an Account, confirms in the Order form the conformity of the data necessary for the conclusion and execution of the Sales Contract. The user who does not have an Account must fill in the Individual Order form with his/her data, necessary for the conclusion and execution of the Sales Contract. In each situation, the transmission by the Client of the non-current or incorrect data may lead to the impossibility of performing the Contract. In the Order Form it is necessary to specify the following data of the Client: name and surname / company name, address (street, number of house / dwelling, postal code, city, country), e-mail address, contact phone number and data related to the Sales Contract: Product, Product quantity , in case of availability, the model, color and size of the Product, the place and method of delivery of the Product, the method of payment will be always by online card or SMS. In the case of non-consuming customers, it is also necessary to provide company data if they have requested the issuance of a VAT invoice within the form , as well as a tax identification number.
c. The customer chooses one of the delivery methods made available by the Online Store.
d. The customer will pay in advance by online payment the total amount indicated in the Order Form in order to fulfill the Sales Contract.
e . The Customer sends the Seller the Order (submits the offer) through the functionality of the Online Store made available for this purpose (button „Order and Pay” or a similar one). In the case of the Client who does not hold an Account and has not previously accepted the Rules, it is required to create an Account and accept the Rules.
f. During placing the Order, until pressing the „Order and Pay” button or a similar one, the Customer has the possibility to view the digital service for the image entered in the the frame of the „Basket” section by scanning the entered image and will see what it will receive after completing the order. The result will be chosen by the AR PLAY logo and the PREVIEW inscription until after the payment has been made. After making the payment, it will be necessary to reset the application (permanently close it and reopen it) in order to correctly view the scanned image.
g. The Customer will be redirected to a page of an external Provider, which provides payment services for the purpose of making the payment;
h. AR PLAY transfers the Order to the Seller via the Online Store .
6. If the Seller, on his own initiative, proposes to the Consumer the conclusion of a Sales Contract with the use of other means of distance communication, in particular by telephone :
a . The Seller sends the Customer an electronic message confirming the content of the proposed Sales Contract.
b . The Customer sends the Order to the Seller by means of the message to the e-mail address from which he received the confirmation referred to in article 6 letter a above.
c. in the case of a Consumer who does not hold an Account and has not previously accepted the Rules, its acceptance is required.
7. In cases of conclusion of the Sales Contract other than those referred to in Article 6 above with the use of other means of distance communication, including by telephone, at Consumer initiative, the following sections shall be applied accordingly, taking into account the circumstances and means of communication used
8. AR PLAY in response to the Order will immediately send the Customer an automatic message to the e-mail address provided to the Customer with the confirmation of receipt of orders and the start of its verification.
9. After AR PLAY has verified the Order and transmitted it to the Seller without undue delay, the Seller will send a message to the Customer to the email address provided, with the message:
a. confirmation of acceptance of one or more individual offers for the Products presented in the Order and confirmation of the conclusion of the Sales Contract (acceptance of the Order in respect of the product indicated in the message); or
b . information on the non-acceptance of some or all of the offers for the products presented in the order, for the reasons set out in particular in point IV, Article 5 below (no payment); or indicated in point XI article 5 below (parcel refused/not taken over).
10. The sales contract shall be concluded at the moment of acceptance of the offer, i.e. the receipt by the Customer of the message referred to in Article 9 letter a. above in respect of the Products contained in the it. The Seller sends the Customer confirmation of the terms of the Contract to the e-mail addresses provided by the Customer.
11 . If there is no possibility to accept the offer submitted under the Order, DRC will contact the Customer for:
a. to inform the Customer about the inability to accept the offer submitted in the Order regarding the conclusion of the Sales Contract; or
b. confirmation by the Customer of the will to partially carry out the order for which the Seller has agreed to accept the offer regarding the conclusion of the Sales Contract. In this case, the Customer may cancel the entire Order (in respect of all offers), which does not violate his right of withdrawal from the Contract. The cancellation of the Order by the Customer frees the Seller from the obligation to carry it out. In case of cancellation of the order, art.12 below applies.
12 . If the bid submitted through the Order cannot be accepted, the Sales Contract, in respect of the Products indicated by drc, will not be concluded, and The Seller will return without delay the payment made by the Customer within 5 days, to the extent that the Sales Contract has not been concluded. The provisions of point VIII, Article 6a of the Regulation shall apply accordingly.
13. Regardless of this, the Seller may inform the Customer about the status of the Order in particular by sending a message to the e-mail address, SMS provided to the Customer or by phone.
14. The Seller and AR PLAY strive to ensure the availability of the products and to achieve the Sale Purchase Agreement. If it is not possible to perform the service as well as in other situations defined by law, the rules of the Civil Code may be applied in particular as regards the obligation of immediate return of benefits in favor of the Consumer. If the delivery is not possible for reasons beyond the control of the online store, the Customer is entitled to terminate the contract and return all the amounts paid. The client cannot claim the payment of moral damages.
15. The total value of the Order includes the Price, delivery costs, and any other costs of optional services paid for and selected by the Customer. The Seller may designate a minimum Order threshold for which delivery of the Products is free of charge. If the total price including the taxes of the Product that is the subject of the Order as well as the delivery costs (for transport, delivery and postal services) as well as other costs do not can be reasonably calculated in advance given the method of calculating the price, the additional costs of transport, delivery, postal fees or otherwise, the Customer will be informed on the pages of the Store on the Internet prior to the submission of the Order as well as at the time of expressing the Customer’s desire to accept the Sales Contract.
16. Promotions available in the Online Store do not cumulate unless otherwise stated in the Provisions of the Promotion.
IV. TERMS AND CONDITIONS OF PAYMENT FOR PRODUCTS
1 . AR PLAY makes available to the Customer, in principle, subject to those ordered in point XI. Art. 5, the following payment methods from the title of the Sales Contract:
a. reimbursement – payment by courier, at the time of receiving the package;
b. electronic payments and payment by payment cards through authorized services, in accordance with the information made available within the Online Store.
2. Current payment methods are specified within the Online Store in the „Payments” section and each time on the given Product page . The available payment methods may also be conditional on the delivery method chosen by the Customer.
3. The settlement of electronic transactions and those made with payment cards is made according to the Customer’s choice through the authorized platforms;
4. If the Seller does not receive the payment from the Customer who has chosen to pay in advance, i.e. by electronic payment, the DRC may contact the Customer for reminders of the performances payment, including can send an email.
5. Non-payment:
a. in the case of electronic payment, within 24 hours from the placing of the Order;
will lead to the non-acceptance of the offer made by the Customer within the framework of the order. The customer can also, until the moment of receiving the message regarding the sending of the order, cancel it without incurring consequences, contacting the seller through the DRC, which does not affect the customer’s right to withdraw from the contract – however, this does not apply to products that are not produced according to the customer’s specifications , or which serve to satisfy his individualized needs.
b. If the Customer chooses to pay reimbursement upon receipt of the package, he is obliged to make the payment upon receipt of the package. Refusing to accept the package even within the additional set time limit leads to the termination of the Sales Contract. The customer, can cancel the Order until receiving the message about sending it, without incurring consequences, also this action does not violate his rights of withdrawal from contract.
V. COST, MODALITIES AND DELIVERY TIMES OF THE PRODUCT
1. The delivery of the products is available on the territory of Romania. The delivery of the product to the Customer is paid by him, unless the Sales Contract provides otherwise. The costs of delivering the product (for transport, delivery and postal services) are indicated in the pages of the Online Store in the section „Delivery costs” and at the time of placing the Order , including at the time when the Customer agrees to accept the Sales Contract.
2. The available delivery methods may depend on the payment method chosen by the Customer.
3. The total waiting time regarding the delivery of the Product to the Customer (delivery date) consists of the time it takes for AR PLAY to transmit the Seller’s order, from the preparation of the Order for shipping by the Seller and the delivery time of the Product by the carrier.
4. The delivery time of the product to the Customer is approximately 3-4 working days, unless a longer term was specified when placing the order or in the Product description short.
5. The time for preparing the Order for shipment by the Seller is presented each time on the Product page and is calculated from the date of delivery (the beginning of the time of delivery):
a. recognition of the Seller’s bank account or account in case of customer’s choice, electronic payment or online payment;
b. conclusion of the Sales Contract – if the Customer chooses the method of payment – reimbursement.
6. To the above time, the delivery time of the Product by the carrier is also added, which depends on the type of delivery chosen by the Customer and is presented each time on the page with the given Product as well as in the „Order making” section within the Online Store.
7. If the products have not been delivered within 10 business days, the Customer may request delivery within an additional time. If even within the additional term the products are not delivered, the Client may request the termination or termination of the contract.
VI. PRODUCT COMPLAINT
1 . The basis and scope of the Seller’s liability to the Customer if the Product sold is in contradiction with the sales contract (warranty) are set out in the Consumer Rights Act.
2. The products presented in the Online Store will be covered by a warranty of the Manufacturer or Distributor. The detailed conditions of the warranty and its duration are then specified in the warranty certificate issued by the guarantor and attached to the Product by the Seller. The declaration of conformity and warranty certificate will accompany the Products sold.
3. The Seller is obliged to deliver the Product to the Customer in accordance with the concluded Sales Contract.
4. The complaint can be submitted by the client in writing to the address: support@arplay.ro . If the complaint relates to a Product, it is usually advisable to deliver it to the Seller along with the complaint, in order to allow the Seller to examine The product. Details of the methods of free delivery of the product to the Seller by the Customer in connection with the complaint are available on the website of the online store under the heading „Complaints”.
5. If the Product sold does not comply with the Sales Contract, the Customer may, with the reserves and under the conditions specified in the Consumer Rights Act:
a. request repair or replacement of the Product. However, it is stipulated that if bringing the Product into conformity with the sales contract in the manner chosen by the Customer (repair or replacement) is impossible or requires excessive costs, then the Seller:
– can make a replacement if the Customer requests a repair; or
– may repair the Product within a maximum of 15 days if the Customer requests a replacement, or
– if the impossibility or unreasonable nature of the costs relates to both repair and replacement, the Seller has the right to refuse to bring the product in accordance with the Sales Contract – in case of refusal, the Customer is entitled to the rights specified in letter b) below.
When assessing the excessive costs, account shall be taken, in particular, of the significance of the lack of conformity of the Product with the contract of sale, of the value of the Product in accordance with the contract of sale and inconvenience to the Customer caused by the change of modality or the refusal to bring the Product into conformity with the sales contract.
b. make a declaration of price reduction or withdrawal from the contract of sale, but only when:
– the Seller has refused to repair or replace the Product or
– from the Seller’s statement or from the circumstances of the case it is clear that the Seller will not repair or replace the Product; or
– The Seller has not taken the remedy within the legal term, without significant inconvenience to the consumer or
– the Seller has already brought the Product into conformity with the sales contract, or
– the non-conformity of the Product with the sales contract is so significant that it justifies an immediate reduction in the price or withdrawal from the sales contract
– The reduced price will be proportional to the price resulting from the sales contract, depending on the value of the Product that does not comply with the sales contract in relation to the value of the Product that complies with the Sales Contract.
6. If deficiencies are found in the first 30 days after the purchase of the product or service, it will be directly ordered to replace them or reduce the price, as the case may be. The Customer may not withdraw from the Sales Contract on the basis of a claim if the non-conformity of the Product with the Sales Contract is insignificant. This does not exclude the fulfillment of the Customer’s right to withdraw from the Sales Contract in accordance with the provisions specified in paragraph VIII of the Terms and Conditions.
7. It is recommended that the Customer provide in the description of the complaint (1) information and circumstances related to the subject matter of the complaint, in particular circumstances indicating the non-compliance of the Product with the contract for sale; (2) the application for repair or replacement of the Product or, in the case of the circumstances listed in point VI, point 5 (b) of the Regulation, a declaration of price reduction or withdrawal of the sales contract; and (3) the contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the previous sentence are recommendations only and do not affect the effectiveness of complaints submitted by omitting the recommended description of the complaint.
8. The Seller must repair or replace the Product free of charge, within a reasonable time and without undue inconvenience to the Customer, taking into account the specificity of the Product and the purpose for which the Customer purchased it.
9. The Seller shall return to the Customer the amounts due as a result of exercising the right to reduce the price immediately, at the latest within 14 days from the date of receipt of the reduction declaration of price from the Customer.
10. In case of withdrawal from the sales contract, as part of the complaint, the Customer shall immediately return the goods to the Seller at his own expense. The Seller shall return the Price to the Customer immediately, but no later than 14 days after receipt of the Product.
11. The Seller is liable under the warranty if the product’s non-conformity with the sales contract existed at the time of its delivery and was disclosed within two years after delivery. For products whose average service life is less than 2 years, the term is reduced to this duration.
12. Where a contract of sale for a Digital Elemental Product provides for the continuous supply of digital content or a digital service, the digital content or the service must remain in conformity with the sales contract for the duration of its supply, as specified in the sales contract. This period may not be less than two years from the delivery of the Product with digital elements, i.e. within two years from the moment of delivery of the goods with elements digital for standard products and up to five years, respectively within five years from that date for products for which the additional validity option of + 3 has been paid Years.
13. The Seller shall not be liable for the lack of conformity of the Product with the Sales Contract in the case of a Product with Digital Items to the extent that:
a. as defined in Article 6 (1) of the Consumer Rights Act, namely:
– suitability for the purposes for which these goods are normally used , having regard to applicable legislation, technical standards or good practice,
– are present in the quantity and have the qualities, including durability and safety, which are common to goods of this type and which the consumer can reasonably expect,
– be supplied with accessories and instructions that the consumer can reasonably expect to receive
– is of the same quality as the sample or model that the seller made available to the consumer before the conclusion of the sales contract and corresponds to the description of the sample or model Respectively
– taking into account the reasonable expectations of the consumer as regards functionality, compatibility, interoperability and technical assistance, and
b. in accordance with Article 6(3) of the Consumer Rights Act, as regards consumer information on updates, including the security features necessary to make the digital content or service in question in conformity with the sales contract and their supply to the Consumer
if the Customer, at the latest upon conclusion of the sales contract, has explicitly and separately accepted the lack of a certain characteristic of the Product.
VII. OUT-OF-COURT METHODS OF EXAMINING THE COMPLAINT, THE MEANS OF CLAIMING AND ACCESS TO THESE PROCEDURES
1. The use of out-of-court complaints and redress procedures shall be voluntary. The information below is of an informative nature and does not constitute the obligation of the Seller nor of AR PLAY to use out-of-court dispute resolution. The seller’s or AR PLAY’s declaration of approval or refusal to participate in the out-of-court settlement of disputes concerning consumer protection disputes is filed by to the Seller or BY AR PLAY on paper or on another durable medium if , following a complaint filed by the Consumer, the dispute has not been resolved.
2 . Detailed information on the possibilities for the consumer customer to access out-of-court methods of examining the complaint, the means of claim and the conditions of access to these procedures are available on the website of the Ministry for the Information Society and the Authority for Consumer Protection.
3. The consumer customer may apply to the courts to request the termination of any action of the seller that violates the provisions of this Law or compensation for the damage suffered.
4. In accordance with Directive 524/2013 of 21 May 2013, implemented by the European Parliament and the European Council, we provide electronic links / connectors to the ODR platform https://ec.europa.eu/consumers/odr/ . The ODR platform is, inter alia, a source of information on the modalities of out-of-court and amicable settlement of disputes that may arise between companies and consumers.
VIII. RIGHT OF WITHDRAWAL FROM THE CONTRACT
1. The customer has the right to withdraw from this contract, without specifying the reasons, within 100 days without incurring any expenses other than those provided by law (the one that represents the extension of the 14-day term to the right of withdrawal provided by the Law on Consumer Rights). In order to exercise the right of withdrawal on time, the Customer must inform the Seller of the right of withdrawal using an unequivocal statement. The declaration of withdrawal from the Sales Contract can be submitted e.g.:
a. in writing at the address: str. Intrarea Reconstructiei, nr.8, bl.28 bis, sc.2, et.10, ap.87, Sector 3 Bucharest;
b. in electronic form by electronic mail at: support@arplay.ro;
c. by using the withdrawal form, which represents Annex no. 1 to this Regulation.
2. The consumer may use the model withdrawal form, but this is not mandatory.
3 . The period of withdrawal from the Sales Contract starts from the date on which the Product was taken over by the Consumer or by a third party designated by him other than the carrier, and in the case of a Sales Contract, which:
a. includes several Products which are delivered separately, in lots or parts – from the date of taking possession of the last product or lot, or
b. is a matter of periodic delivery of products for a fixed period from the date of taking possession of the first Product;
4. In the event of termination of a distance contract, the contract shall be deemed to have been unfulfilled.
5 . The Seller has the obligation to communicate to the Customer the confirmation of receipt of the withdrawal and within 14 calendar days from the receipt of the termination declaration from the Customer, will refund to the Customer all payments made by him, including the costs of delivery of the product, (except for the additional costs resulting from the delivery method chosen by the Customer, other than the cheapest, most common mode of delivery available in the Online Store).
6 . Where the Consumer exercises the legal right of withdrawal, the Seller shall refund payments made by the Customer using the same payment method used by the Customer, unless The customer expressly agreed to another method of return that does not involve any cost to him. If the payment cannot be refunded using the same payment method used by the Customer, due to the fact that the Seller no longer accepts a specific payment method , the Seller will reimburse using the payment method that will correspond as much as possible to the characteristics of the payment method previously used by the Customer. If the Consumer exercises the extended right of withdrawal, the Seller may refund the payment using the payment method indicated by the Seller. If the Seller has not offered to collect the Product from the Customer himself, the Customer may withhold the refund of payments received from the Customer until the Return of the Product or the Customer provides proof of its return, depending on the event that occurs first. If the payment is returned to the Client’s bank account, the Seller will return the payment to the bank account indicated by the Client (for example, in the withdrawal form) and, if the Customer does not indicate the bank account in which the payment will be refunded, the Seller will return the payment to the bank account with the use of which the Customer has made the payment in connection with the Sales Contract from which it is withdrawn.
7. The Customer has the immediate obligation, but not later than 14 calendar days from the day on which he gave up the contract, to return the Product to the Seller or to make it available to the Seller the person entitled by the Seller to take it over, unless the Seller has proposed to personally take over the Product. In order to comply with the deadline, the refund of the Product before its expiry is sufficient. The Customer can return the Product to the address: str. Entrance of Reconstruction no.8, bl.28 bis, sc.2, et.10, ap.87, Sector 3 Bucharest (or at the address indicated by the Seller on page https://www.arplay.ro/returnare. Please attach as far as possible the proof of purchase of the product or a printed electronic proof of purchase of the Product.
8. The Customer is responsible for the decrease in the value of the Product as a result of its use in a way that exceeds the need to establish the character, characteristics and functioning of the Product. Where the Consumer exercises his legal right of withdrawal, the Consumer shall be liable for the reduction of the value of the Product resulting from its use in a way that exceeds the need to establish the nature, characteristics and functioning of the Product. The liability of the consumer may include, in particular, the impossibility of putting the product back on sale, as well as the costs of restoring the product to a condition which allows it to be reintroduced to sale in the online store, including the costs for removing defects found as a result of an examination by a specialist (to the extent that these defects results from the consumer’s use of the Product in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).
9. The extended right of withdrawal rests with the Consumer only in relation to complete, undamaged and unused Products, which hold all the labels and security features, which have been placed on the Product at the time of its takeover by the Consumer or by a third party indicated by him. The consumer loses the extended right of withdrawal when he uses the Product in a way that goes beyond what is necessary to determine his nature, characteristics and functioning its.
10. The consumer shall bear the direct return costs of the Product. The Seller in the framework of the promotional action may propose to the Consumer the pick-up of the Returned Products, by the Seller from the Consumer Subject to art. 9 above, the right of withdrawal from -a distance contract is not the responsibility of the consumer in relation to contracts: (1) for the provision of services, if the Seller has fully performed the service with the consent expressly of the consumer, who was informed before the provision that after the performance of the service by the Seller will lose the right of withdrawal from the contract; (2) in which the object of the service is a prefabricated product, made to the consumer’s specifications or which serves to meet his individual needs; (3) in which the object of the service is a Product delivered in a sealed package, which after opening the package cannot be returned for reasons of protection of the health or hygiene, if the original packaging has been opened after delivery; (4) in which the object of the service are Products which after delivery, due to their nature, are inseparably linked to other things.
11. The Seller may, as part of a temporary promotional campaign, grant the Customer the right to withdraw from the contract within a specified period in the cases referred to in paragraph 1 sentence 1 (b) or paragraph 10 above.
IX. LICENSE
1. Exclusive rights over the content made available/displayed through the Online Store by AR PLAY or its contractors, in particular copyright, store name Online (trademark), its graphic elements, the Software (including the Application) as well as the rights to the databases are subject to legal protection and are the property of AR PLAY, to the Seller or entity with whom the Seller or AR PLAY has concluded the contract. The Client has the right to use the above Content, including the Application, free of charge, as well as the use of the content posted in accordance with the law and already distributed by other customers within the Online Store, but only for personal use and exclusively for the correct use of the Online Store, worldwide. The use of the Content, including the Application, is admissible only on the basis of an explicit prior approval granted by the entitled entity, in writing under the invalidity sign.
2. The Customer, by inserting within the Online Store (including through the Application) any Content, in particular graphics, comments, opinions or expression within the Client Account or elsewhere of the Online Store hereby grants to the Seller and AR PLAY non-exclusive license, free of charge, for use, consolidation of saving in the computer memory, changing erasing, supplementing, publicly performing, publicly displaying, reproducing and disseminating ( especially on the Internet) that Content worldwide. This right includes the right to grant sublicences to the justified execution of the Sales Contract on the Provision of Services (including operation and development Online Store), as well as empowering his achievements individually or through third-party subjects dependent rights in terms of creation, personalization, the processing and translation of the creation within the meaning of the Copyright and Related Rights Act of 4 February 1994. With regard to the situation in which the Customer is not entitled to grant licenses referred to in this paragraph 2, the Customer undertakes to obtain a such licenses to the Seller and AR PLAY.
3 . Regardless of the above, the App is subject to the copyright of AR PLAY once the App is installed on the Client’s mobile device, AR PLAY grants the Customer a license non-exclusive for use of the App, including the reproduction of the App only for downloading to the mobile device and for installing and running the App on the Client’s mobile device . The Client may install Apps on different Client’s mobile devices, but only one copy of the App can be installed on a mobile device.
4. In particular, Customer is not entitled to translate, adapt, modify, or make any changes to the Application, including modification of the source code, except for in cases permitted by law, the Client is not entitled to use the App for the realization of his own profit.
X. PROTECTION OF PERSONAL DATA
1. The Customer’s personal data are processed by the Seller as administrator of the personal data under the Sales Agreement and by ARPLAY in the framework for the provision of electronic services.
2. The provision of personal data by the Client is voluntary, but necessary for the creation of the Account, the use of certain Electronic Services, the transmission of offers, promotions, discounts, operational news and for the conclusion of the Sales Contract.
3. More details on the protection of personal data can be found in the „https://www.arplay.ro/ the cookie policy” section available in the Online Store
XI. WITHDRAWAL FROM THE CONTRACT CONCERNING THE PROVISION OF SERVICES AND AMENDMENT OF THE REGULATION
1. AR PLAY may at any time waive the Agreement on the Provision of Services or any kind of license agreement granted under point IX of the Rules with the Client with a notice of a month for important reasons understood as:(closed catalog):
a. amending the law governing the provision of electronic services by AR PLAY, which have an influence on the reciprocal rights and obligations specified in the contract concluded between the Client and AR PLAY, or a change in the interpretation of the above provisions by competent judgments, decisions, recommendations or recommendations within the limits assigned by the offices or bodies empowerment;
b. modification of the manner in which the service is offered exclusively for technical or technological reasons (in particular the updating of the technical requirements indicated in this Regulation);
c. changing the scope or provision of services to which the provisions of this Regulation apply, by introducing us, amending or withdrawing by the Seller of the existing functionality or services contained in the Regulation.
2. Regardless of the content of art. 1, taking into account the special worries of AR PLAY for the protection of the Personal Data of the Client and their processing for a reasonable period of time, AR PLAY may terminate the Service Agreement with immediate effect, in case of inactivity of the Customer within the Online Store for an uninterrupted period of at least 3 years. The termination of the contract for inactivity has the effect of deleting personal data from the database.
3. AR PLAY, send to its statement, as specified in points 1 and 2 above, to the e-mail address indicated by the Customer when he creates an Account or places an Order .
4. AR PLAY may terminate the Contract with the Client on the Provision of Services or any kind of agreement regarding the license granted in accordance with point IX of the Regulation for a period of notice for seven days and/or to refuse the right to use the Online Store (including through the Application) as well as placing the Order and/or also may limit access to a particular or all content, for important reasons, i.e. in case of serious breach by the Client of these Rules, i.e. if The customer (closed catalog) violates the provisions of item II.art.7. a, c, d, e, h, i, j of the Regulation.
5. For good reasons, i.e. in case of serious violation by the Client of this Regulation, if the Client violates item II.art.7. f or g of the Regulation (closed catalog) AR PLAY may not accept the Customer’s offer in respect of certain forms of payment or delivery in order to avoid further damage. These provisions apply regardless of the data to be identified by the Customer and what data are provided when placing the Order and in particular when the Customer violates item II.art.7.a of the Regulation.
6. In case of placing another Order at the choice of a certain method of payment or delivery by the Customer, for which the provisions of art.5 above apply, AR PLAY will contact you The Client by sending a message to the Client’s e-mail address in order to notify the Client about the violation of the Rules and thus not accepting the offer with the use of certain method of payment or delivery, indicating alternative methods of payment or delivery. The provisions of point IV, Article 4 shall apply accordingly
7. The customer to whom the provisions of article 4 or 5 above paragraph apply may use the Online Store or may use a certain method of payment or delivery after contact in the prior to AR PLAY (via DRC) and obtaining AR PLAY’s consent to continue using the Online Store or using a specific payment method or delivery method.
8. The Regulation and the annexes to the Regulation constitute a standard contract within the meaning of Articles 1.166 and 1.177 of the Civil Code.
9. AR PLAY may make amendments to this Regulation (with the exception of point XII of the Regulation, which applies to customers who are not consumers and who may change at any time in accordance with the legislation generally applicable), if at least one of the following reasons is excluded (closed catalogue):
a. amending the laws governing the sale by the Seller of the Products or the provision of services by electronic means that influence the mutual rights and obligations specified in the contract concluded between the Customer and the Seller or a change in the interpretation of the above provisions by court decisions, or of the enabling bodies.
b. change in the way services are provided due solely for technical or technological reasons (in particular updating the technical requirements indicated in this Regulation);
c. change of direction or manner of provision of services to which the provisions of the Regulation apply, by introducing, modifying or withdrawing by the Seller of functionality or services existing governed by this Regulation.
10. In case of changes to the Regulation, AR PLAY will make available a uniform Regulation by publishing on the Website of the Online Store and by means of a message sent to the e-mail address specified in the Service Agreement in such a way that the customer can become familiar with its content; If the Seller does not have an e-mail address of the Customer, the information about the modification of the Rules will be sent to the Customer within the framework of the information through the Application.
11. The amendment of the Regulation shall enter into force after the expiry of the period of 14 days from the date of sending the notice of amendment. In the case of Clients who have concluded a Service Contract , i.e. they hold an account, they have the right to terminate the Contract on the Provision of Services within 14 days from the date on which they are notified of the amendment of the Regulation. The amendment of the Regulation does not affect the Sales Contracts concluded by the Customer and the Seller prior to the amendment of the Regulation.
XII. PROVISIONS FOR NON-CONSUMING CUSTOMERS
1. This point XII of the Regulation refers only to Customers and Beneficiaries who do not have the status of Consumer (natural person). If the Seller offering the Products is not a professional, the consumer rights arising from the legal provisions in force in the field of consumer protection do not apply to the contract concluded.
2. The Seller has the right to terminate the Sales Contract concluded with a non-consumer Customer within 14 calendar days from the date of conclusion. The waiver of the Sales Contract in this case can be done without the presentation of the causes and does not give reasons to the Customer to have claims against the Seller.
3 . In the case of non-consumer Customers, the Seller has the right to limit the available payment methods, including may require advance payment in full or of a party, regardless of the payment method chosen by the Customer or the provisions of the Sales Contract.
4. At the time of handing over the Product by the Seller to the carrier (courier), the non-consuming Customer takes over the benefits and tasks associated with the Product as well as the risk of loss accidental or damage to the Product. The Seller in this case is not responsible for the loss, diminution or damage to the Product occurring from the pick-up for carriage until its delivery to the Customer or for delays due to transport.
5. According to the law, the seller’s liability regarding the product warranty to an entrepreneur is different, with a shorter term, given the more intensive use of the Good
6. In the case of Customers who are not a Consumer, AR PLAY may terminate the Agreement on the Provision of Services or any license agreement concluded in accordance with the Regulation with immediate effect and without identifying the cause by sending a statement to the Customer in any form.
7. Neither AR PLAY, nor the Seller or their employees, authorized representatives and agents are liable to the Customer, its subcontractors, employees, authorized representatives and / or agents for any kind of damage, including loss of profit, unless the damage was intentionally caused by it.
8. In each case regarding the establishment of the liability of AR PLAY or the Seller, their employees, authorized representatives and / or plenipotentiaries, liability towards the consumer, regardless of its legal basis, it is limited – both within the single claim and in the case of any total claims. – to the amount of the price paid and delivery costs from the last Sales Contract, but not more than one thousand one hundred lei.
9. All disputes arising between AR PLAY or the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction at the premises of AR PLAY or the Seller, respectively.
10. For non-consumer customers, AR PLAY may amend the Rules at any time under the applicable general laws
XIII. FINAL PROVISIONS
1. The Regulation shall enter into force on 01 December 2022.
2. Contracts concluded by the Seller or AR PLAY are concluded in the Romanian language.
3. The securing, insurance and making available of the relevant provisions of the Contract on the provision of Electronic Services is carried out by sending a message by AR PLAY to the e-mail address provided by the Client.
4. Ensuring, securing, disclosing and confirming by the Seller to the Customer the essential provisions of the Sales Agreement takes place by sending the Customer an e-mail confirming the command (durable medium). The content of the sales contract is additionally recorded and secured in the IT system of the online store. After the conclusion of the Sales Contract, the Seller provides the Customer with a proof of purchase in electronic format or together with the shipment containing the Product. The order specification can also be attached to the shipment. If the Customer requests a VAT invoice, the Customer agrees that the VAT invoice will be sent to the e-mail address provided by him. The Seller may enter technical methods of authentication of the Customer before collecting the proof of purchase or the VAT invoice.
5. AR PLAY provides technical and organizational measures appropriate to the degree of danger to the security of the functionality or services provided under the Service Agreement. The use of the Electronic Services is associated with the typical risks of transmitting data over the Internet, such as the dissemination, loss or access of unauthorized persons.
6. The content of the Rules is available free of charge to customers at the following URL https://www.arplay.ro/regulament, but also within the Application where customers can view and print it at any time .
7. ARPLAY informs that the use of the Online Store through a Web browser or the use of the Application, including placing an Order and making a phone call to drc, may involve incurring internet connection costs (data transmission fee ) or connection costs related to making a telephone call, in accordance with the tariff the service provider used by the Client.
8. In cases not covered by this Regulation, the applicable general provisions of Romanian laws shall apply, namely: the Civil Code; Law 34/2014 on consumer rights in contracts concluded with professionals, Law 356/2002 on electronic commerce, GD 1308/2002 on the approval of methodological norms for the application of Law 356/2002 on electronic commerce, Law 193/2000 on unfair terms in contracts concluded between professionals and consumers, Law 449/2003 on the sale of products and guarantees associated with them, Law 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector.
9. The choice of Polish law under this Regulation shall not deprive the consumer of the protection afforded to him on the basis of provisions which cannot be excluded by means of an agreement concluded between AR PLAY or the Seller and consumer under the law which, in accordance with applicable regulations, would be appropriate in the absence of choice.
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