Terms of service

Thank you for visiting our website!

Before you start using the website ("site") mercicaffe.com, please read carefully and in full the Terms and Conditions section, as any use of this website requires acceptance of this section.

The website and our services are offered to you conditioned upon your full and unreserved acceptance of these Terms and Conditions. If you do not agree completely with the Terms and Conditions of our website, please cease using it.

By continuing to use the website, you express your agreement to fully comply with the Terms and Conditions section. The owner of the site reserves the right to modify the clauses of this section at any time, at its sole discretion, and without prior notice.

Please be informed that the website mercicaffe.com uses cookies, and you should read the Cookies and Privacy Policies section.

The owner of the website mercicaffe.com is Pavelway SRL, headquartered in Râmnicu Vâlcea, str. XXXXX, bl.XXXX, sc.XXX, et.XXXX, room XXX, registered with the Râmnicu Vâlcea Trade Registry under no. J38/140/07.02.2020, with fiscal code 42231736, phone +40-744846243, email info[@]mercicaffe.com, hereinafter referred to as the "Company."

TERMS AND CONDITIONS (hereinafter referred to as "Conditions")

These Conditions of the website mercicaffe.com are concluded between Pavelway SRL, with the identification details above, and the individual or legal entity who signs these Conditions or who accepts these Conditions electronically (Partner/User/Client/Buyer).

These Conditions regulate the functioning of our website and the process of purchasing products by the Client from the website mercicaffe.com.

The Company’s products, available online on the website mercicaffe.com, are delivered to the Client via courier services.

These Conditions are binding for any individual or legal entity that becomes a user of the website mercicaffe.com by expressly accepting them or through electronic means.

In light of the above, the parties agree as follows:

I. Definitions

• User - Any person accessing the website mercicaffe.com, regardless of reason.
• Partner/Client/Buyer - Any individual or legal entity who has purchased at least one product using our website.
• User Account - An account registered on the website mercicaffe.com by any interested person.
• Order - An electronic document that acts as a form of communication between the Seller and the Buyer, through which the Buyer sends the Seller, via the Site, their intention to purchase Goods and Services from the Site.
• Contract - Represents the distance contract concluded between the Seller and the Buyer without the simultaneous physical presence of the Seller and the Buyer.
• Buyer - Can be any individual over 16 years old or a legal entity who creates an Account on the Site and places an Order.
• Seller - mercicaffe.com or Pavelway SRL.
• Goods and Services - Any product or service listed on the Site, including the products and services mentioned in the Order, which are to be provided by the Seller to the Buyer as a result of the concluded Contract.
• Personal Data - Refers to any information relating to an identified or identifiable individual; (an identifiable individual is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific factors related to their physical, economic, etc., identity).

II. General Provisions

Continuing to use the website constitutes an affirmative response to the acceptance of the Terms and Conditions and the user’s agreement to comply with them.

Since the Company has the right to modify the content of the Terms and Conditions section at any time, the User has the obligation to periodically check the content of this section.

By placing an order on the website mercicaffe.com, the buyer/client agrees with the communication method used by the company/site administrator, namely by phone or email. The contract is concluded only upon the issuance of the invoice and not at the time of the order or the automatic confirmation of receipt of the order. The automatic confirmation of receipt of the order does NOT equate to the conclusion of the contract between the seller and the buyer.

All data used for the description of Goods/Products/Clothing available on the Site (images/multimedia presentations/etc.) do not represent a contractual obligation from the Company/Seller and are used exclusively for presentation purposes.

The website mercicaffe.com is intended exclusively for the purpose for which it was created, and any other unauthorized use, without the prior written consent of the Company, is prohibited.

III. Rights and Obligations of the Parties

We reserve the right to refuse any order placed on the site. We may limit or cancel quantities ordered. These restrictions may include orders placed by the same customer, with the same credit card, and/or orders using the same billing address and/or the same delivery address. If we modify or cancel an order, we will attempt to notify you by contacting you at the email address and/or phone number provided when the order was placed.

IV. Intellectual Property Rights

The Company has exclusive ownership rights over the pages on the website, including the data and information contained. Without the prior written consent of the Company, the use, transmission, copying, or publication of pages or any information from the site, in whole or in part, is not permitted. All logos, trademarks, and images on the Company’s website are the exclusive property of the Company, which holds all rights to them. Consequently, they cannot be copied, distributed, published, publicly displayed, multiplied, or transmitted to third parties without the prior written consent of the Company.

V. Limitation of Liability

The Company is also exempt from any liability in situations where access is impossible due to the quality, availability, or operation of services provided by local, national, or international Internet or electronic communication service providers, regardless of whether the user is attempting to access services within Romania or from abroad.

The User/Client agrees to indemnify and hold the Company harmless and not to take legal action against the Company regarding any claims raised by a third party/consumer/user of the website mercicaffe.com, as well as any loss (direct, indirect, consequential, or otherwise), costs, actions, lawsuits, claims, expenses (including legal fees), or other financial liabilities suffered or directly caused by the Company as a result of the User’s breach or disregard of these Conditions.

VI. Confidentiality

The Company respects all legal provisions regarding information confidentiality and takes all necessary steps to achieve this objective.

VII. Personal Data. Processing of Personal Data

Personal Data Processing - any operation or set of operations performed on personal data, by automatic or non-automatic means, such as collection, recording, organization, storage, adaptation or modification, extraction, consultation, use, disclosure to third parties by transmission, dissemination, or in any other way, combination or merging, blocking, deletion, or destruction.

Storage - keeping personal data collected on any type of support.

Personal Data Filing System - any structured set of personal data accessible according to specific criteria, whether centralized or decentralized, or distributed based on functional or geographical criteria.

Operator - any natural or legal person, either private or public law, including public authorities, institutions, and their territorial structures, who determines the purposes and means of processing personal data; if the purposes and means of processing personal data are determined by a normative act or based on a normative act, the operator is the natural or legal person, either public or private law, designated as the operator by that normative act or based on that normative act.

Third Party - any natural or legal person, either private or public law, including public authorities, institutions, and their territorial structures, other than the data subject, the operator, or the authorized person or persons who, under the direct authority of the operator or the authorized person, are authorized to process data.

Recipient - any natural or legal person, either private or public law, including public authorities, institutions, and their territorial structures, to whom data are disclosed, regardless of whether or not they are a third party; public authorities to whom data are communicated within a special investigative competence will not be considered recipients.

Anonymous Data - data that, due to its origin or specific processing method, cannot be associated with an identified or identifiable person.

The Company respects the right to privacy and the private life of any individual using the Company’s website and complies with Romanian legal provisions in force regarding the protection of personal data.

The Company uses data collected from users/clients for specific purposes, namely, personal data provided to be stored, used, and processed territorially and/or temporally without limitation by the Company, its affiliates, and partners (e.g., courier companies), for carrying out and/or performing activities such as, but not limited to: informing users/clients about the status of their account on the website, commercial activities, monitoring and evaluating the products and services offered for optimizing the promotion of products and services, marketing, advertising, media, administration, development, optimization, market research, statistics, sales monitoring, and user/client behavior for improving its services, processing orders or requests from users/clients, statistical purposes, and any other legitimate purposes, as provided by law, etc.

You also expressly and unequivocally agree that this personal data may be transferred by the Company to its affiliates and partners or other legal entities in the country or abroad (e.g., Google Analytics, Facebook).

Personal data will be recorded and stored either on the server hosting the Company’s website mercicaffe.com or on any server belonging to the Company or its service providers, as well as on any other medium that allows this operation.

Users/clients consent to receive communications for direct marketing purposes and have the right to request, free of charge, through a written, dated, and signed notice, that their personal data not be used by third parties for direct marketing. Users can also unsubscribe automatically from the Company’s client list using the electronic means available on the website mercicaffe.com or by sending an email to info (at) mercicaffe (dot) com.

The Company is obligated to respect the rights of its users/clients provided under Law No. 677/2001, and upon their request, it commits to: (a) rectify, update, block, delete, or transform into anonymous data, free of charge, any data whose processing does not comply with the provisions of Law No. 677/2001; (b) cease processing of such data. Users/clients may also make this request by sending an email to info (at) mercicaffe (dot) com.

VIII. Orders and Payments

1. Order Process:

   To order a product from our website, you need to follow the steps indicated on the platform, completing the order form with accurate and complete information. After placing the order, you will receive an email and/or SMS confirmation including details of your order and other relevant information.

2. Payment Methods:

   Orders are processed through a secure payment provider, and your financial information is not stored by the Company.

3. Pricing Policy:

   All prices displayed on the site are in RON and include VAT. We reserve the right to change the prices of products and services at any time without prior notice.

4. Pricing and Availability Errors:

   If a product is listed at an incorrect price or with erroneous information, we reserve the right to refuse or cancel any order placed for that product, even if the order has been confirmed and payment has been processed.

IX. Delivery and Transport

1. Delivery Terms:

   Orders are delivered through our partner courier services. The estimated delivery time is 3-5 working days for national orders, but it may vary depending on the locality and order volume. If we are unable to meet the estimated delivery time, you will be notified via email or phone.

2. Delivery Charges:

   Delivery costs will be specified at the checkout and will vary depending on the delivery location and package weight.

3. Product Receipt:

   Please check the integrity of the package upon delivery. If you notice any damage, it must be reported immediately to the courier and to us within 24 hours.

X. Return Policy

1. Right of Withdrawal:

   You have the right to return purchased products within 14 calendar days from the receipt of the goods, without providing a reason, in accordance with applicable legislation. To return a product, you must contact us via email or complete the return form according to the detailed instructions on our website.

2. Return Conditions:

   Products must be returned in their original packaging, without signs of wear, and with all accessories and documentation included. Return costs are free, except in cases where the returned product is defective or you received a different product than the one you ordered. If you ordered coffee, the product cannot be returned once the bag has been opened.

3. Refunds:

   Refunds for returned products will be made within 14 days from the receipt of the products by us, using the same payment method used for the purchase or via bank transfer.

XI. Personal Data Protection

1. Data Collection:

   Your personal data is collected and processed in accordance with our privacy policy, available on the site.

2. Data Use:

   Data is used to process orders, improve the website experience, and provide you with information about products and services that may be of interest to you.

3. Data Security:

   The Company takes all necessary measures to protect personal data against unauthorized access or disclosure.

XII. Disputes and Applicable Law

1. Applicable Law:

   These terms and conditions are governed by Romanian law. Any dispute arising between the Company and the User will be resolved amicably, and in case of failure, will be subject to the competent courts in Romania.

2. Dispute Resolution:

   If you have a complaint regarding our products or services, please contact us directly to attempt to resolve the issue amicably. If an amicable resolution cannot be reached, disputes will be resolved by the competent courts in Vâlcea County, Romania.

XIII. Cookies

We inform you that the website ("site") mercicaffe.com uses cookies, which may be placed on the devices from which you access this website. We recommend additional information about cookies: https://cookies.apti.ro/

If you do not accept the cookies and privacy policy, do not use this website.

Use of this website is conditioned on acceptance of the privacy policy and cookie usage. By using the mercicaffe.com website, you agree to access any page, and continued use equates to your consent to the privacy and cookie usage policies.

Cookies may be placed by us or third parties for targeted advertising, as analytical tools, and for general user analysis, as well as for measuring conversions and user behavior (e.g., Google Analytics), etc.

What is a cookie?

A cookie is a small file composed of letters and numbers that can be downloaded to the memory of a computer or other device used for online browsing when the user accesses a particular website. Cookies are not viruses.

Purpose of Cookies

Cookies can ensure faster and easier interaction between users and websites. They can be used to store information related to user activities on a specific web page, so the user can easily resume those activities on a subsequent visit to the site, or they can store information related to products and services ordered.

The mercicaffe.com website uses the following types of cookies:

• Analytics Cookies
• Geotargetting/Geomarketing Cookies
• Registration Cookies

Analytics Cookies - are cookies generated by a third party for analysis and traffic performance purposes. This software helps us see how many users are on the site at a given time, their geographic location, which pages they access, etc.

Geotargetting Cookies – inform us of the users' location/city to provide content dedicated to that city or geographical area.

Registration Cookies - ensure faster and easier interaction between users and the mercicaffe.com website.

Types of Cookies:

• Session Cookies - web pages do not have memory; thus, for a user to move from one page to another without re-entering identification information (username, password, etc.), session cookies help in this regard. For example, if you want to save several offers to Favorites, you can do so without needing to log in each time you move from one offer/page to another on the mercicaffe.com website.

• Persistent or Stored Cookies - persistent cookies are stored on the user's computer and are not deleted when the browsing session ends. These cookies can retain user preferences for a particular website, allowing them to be used in other browsing sessions.

  In addition to authentication information, persistent cookies can retain details about the selected language and theme on a website, preferences regarding a site's menu, favorite pages within a site, etc. When a user first accesses a site, it is presented in the default mode. Later, the user selects a series of preferences, which are then retained by cookies and used when the user revisits the site. For example, a website offers content in multiple languages. On the first visit, the user selects English, and the site retains this preference in a cookie. When the user visits the site again, the content will automatically be displayed in English.

  Persistent cookies can be used to identify individual users and, thus, analyze online behavior. They can provide information about the number of visitors to a website, the average time spent on a particular page, and generally, website performance.

• Flash Cookies - if the user has Adobe Flash installed on their computer, small files may be stored in the memory of that computer by websites containing Flash elements (such as video clips). These files are known as “local shared objects” or “flash cookies” and can be used for the same purposes as regular cookies.

  When regular cookies are deleted via browser functions, flash cookies are not affected. Therefore, a website that uses flash cookies may recognize a user on a new visit if the data from the deleted regular cookies have also been retained in a flash cookie.

  Since flash cookies are not stored on the user's computer in the same manner as regular cookies, they are more difficult to identify and delete. Banks and financial websites use such cookies precisely for this reason. Because they are difficult to identify, these cookies are stored on users' computers to allow user authentication and prevent fraud, as potential fraudsters may have the username and password for authentication but not access to the user's computer. Thus, cookies act as a second level of authentication, in addition to the username and password.

XIV. Cookies, Security, and Privacy

1. Cookies and Cookie Types

   The website mercicaffe.com does not use flash cookies.

   First-Party Cookies vs. Third-Party Cookies

   Each cookie has an "owner" – the website placing the respective cookie.

   First-party cookies are placed by the domain / website accessed by the user (the address of which appears in the browser’s address bar). For example, if you visit the website mercicaffe.com, the cookie placed on your computer by the domain mercicaffe.com is a first-party cookie.

   A third-party cookie is placed by a different domain / website than the one accessed by the user; this means that the accessed website contains information coming from a third-party site – for example, an advertising banner appearing on the accessed site. Thus, if a user visits the website mercicaffe.com but the cookie placed on their computer has the domain www.google.ro, it is a third-party cookie.

   The Article 29 Working Party was established under Article 29 of Directive 95/46/EC of the European Parliament and Council of 24 October 2005 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and is composed of the national data protection authorities from EU member states. It considers that, from a legal perspective and in accordance with European legislation, the term “third-party cookie” refers to a cookie placed by an operator distinct from the one operating the website visited by the user. Third-party cookies are not strictly necessary for the user accessing a website, as they are generally associated with a service distinct from the one explicitly “requested” by the user (by accessing the website).

2. Cookies, Data Security, and Privacy

   Encryption

   SSL and TLS are two standard protocols for encrypting communication between users (web browsers) and websites that have installed an SSL (secure sockets layer) certificate.

   Data transmitted between the browser and the server is encrypted using an encryption protocol with authentication keys.

   The digital certificate is signed by a certification authority recognized by browsers, guaranteeing the true identity of the site while preventing data interception along the transmission path, regardless of the communication route.

   The website mercicaffe.com uses the SSL encryption protocol.

   Subscription/Unsubscription to Newsletter

   The website mercicaffe.com allows users to subscribe to a newsletter. By subscribing to the newsletter, users receive information about offers, discounts, and other marketing activities related to the business of the mercicaffe.com website.

   By subscribing to the newsletter, you agree to the paragraph above. You can unsubscribe at any time by using the instructions/options provided.

   Managing, Disabling, and Deleting Cookies

   Disabling cookies may make the mercicaffe.com website difficult to visit. For example, if you do not want to log in every time by entering login details when visiting mercicaffe.com, cookies are necessary; they can keep you logged in automatically until you "log out."

   Access the links below to find out how to set/delete or accept certain cookies for your browser:

   1. Internet Explorer

      Deleting and managing cookies (IE 8, 9, and 10):

      • Internet Explorer 8
      • Internet Explorer 9
      • Internet Explorer 10

   2. Mozilla Firefox

      Settings for cookies and troubleshooting cookies (enabling and disabling cookies, deleting cookies, blocking certain sites from placing cookies, unblocking cookie placement, etc.)

      • Delete cookies to remove information stored on your computer by other web pages

   3. Google Chrome

      Managing cookies (deleting, blocking, allowing, setting exceptions, etc.)

      • Managing cookies and site data

   4. Safari

      • Clearing Safari browser history and configuring content-blocking settings on your iPhone, iPad, or iPod touch

   5. Opera

      Managing and deleting cookies (available only in English)

      • Managing cookies and site data
        
        

   For more information about cookie regulations, information about cookies, their definitions, and privacy policies, we recommend the following sites:

   • http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1480518488443&uri=CELEX:32002L0058
   • http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm
   • https://cookies.apti.ro

XV. Final Provisions

1. Force Majeure

   In the event of force majeure, the Company is not responsible for non-fulfillment of its contractual obligations.

2. Applicable Law

   The terms and conditions of the Company’s website are governed and interpreted in accordance with the current Romanian laws, and any dispute arising in connection with the above provisions will be resolved amicably; if this is not possible, it will be resolved judicially by the competent Romanian courts.

   The Company’s website can be accessed from Romania or any other state. The Company does not provide any assurance regarding compliance with other states' jurisdictions concerning the website content, as it does not adhere to the laws of other countries besides Romania. If a user/client accesses the Company’s websites, they do so at their own risk, being solely responsible for complying with the laws of the territory in which they are located.

3. Non-Compliance

   Users/clients will indemnify the Company for any damages caused, including legal assistance costs, in the case of non-compliance/breach of the provisions of this section titled Terms and Conditions.
   
   

Thank you,
Merci Caffe