Terms and conditions

TERMS AND CONDITIONS

www.sammills.com
  1. GENERAL PROVISIONS
  2. DEFINITIONS
  3. CONTENTS OF THE SITE. ELECTRONIC SERVICES AND FUNCTIONALITIES MADE AVAILABLE TO THE CUSTOMER AND/OR USER BY THE VENDOR
  4. USER CONDUCT
  5. LINKS TO EXTERNAL PLATFORMS
  6. INTELLECTUAL PROPERTY
  7. DISCLAIMER
  8. PUBLICATION
  9. AMENDMENTS
  10. CONFIDENTIALITY AND SECURITY
  11. MAJOR FORCE
  12. APPLICABLE LAW. DISPUTE RESOLUTION
  13. FINAL PROVISIONS
  14. SUPPORT

1. GENERAL PROVISIONS

    1. The online shop available at the internet address www.sammills.com is owned and managed by SAM MILLS INTERNATIONAL SA, with a registered office in Botiz village, 151 Mioritei st., Satu Mare county, registered at the Trade Register Office under no. J30/746/2022, tax identification code RO46440697, legally represented by Mihai Gavris, with contact details: +40261806031, email office@sammills.com (hereinafter referred to as "SAM MILLS", "Company" or "Platform").
    2. The Terms and Conditions primarily concern the purchase of Products via the www.sammills.complatform, marketed by the Company.
    3. The use of the Platform requires that the computer systems used by the Customer meet certain technical requirements.
    4. The SAM MILLS Terms and Conditions are addressed to Users, Consumer Customers and Non-Consumer Customers who use the Platform or conclude Distance Contracts.
    5. The information presented on the www.sammills.com website with regard to the Products shall only constitute an invitation to conclude a Sales Contract within the meaning of Article 2, paragraph 7 of Government Emergency Ordinance no. 34/2014 on the rights of consumers in contracts concluded with professionals, as well as amending and supplementing certain regulatory acts.
    6. Acceptance of the www.sammills.com Terms and Conditions is voluntary, but necessary for the creation of the Account and/or for the purpose of placing the order by the Customer or User, representing a formality prior to the conclusion of the Remote Contract.
    7. Browsing www.sammills.comfollowed by the Order, is equivalent to the reading, understanding and express acceptance by any Customer or User of the www.sammills.com.
    8. The Company reserves the right to change and update, at any time, the content of the www.sammills.complatform, as well as the Terms and Conditions of Use, without any prior notice. In the event of any disagreement or divergence between the Company and the Client/User, the Terms and Conditions valid at the time of placing the Order by the Client/User shall apply.
    9. All information used to describe the Products available on the Platform, including images and media presentations, does not constitute a contractual obligation on the part of the Subscriber.
    10. In the event that the ww.sammills.com platform is affected by an unusually high volume of traffic, the Company reserves the right to require Customers/Users to manually enter captcha validation codes in order to protect the information on www.sammills.com.
    11. Any fraud attempt or any fraud (such as, but not limited to, accessing the data of www.sammills.comCustomers and/or Users, altering the content of the www.sammills.complatform, attempting to affect the performance of the servers serving the Platform, hijacking the content of the Product deliveries to third parties, etc.) will be punished according to the legal provisions in force.

2. DEFINITIONS

The following definitions shall apply to the following terms when used in this document, unless the context otherwise requires:

Account Login

Adresa de e-mail a Clientului şi parola furnizate în cadrul www.sammills.com în timpul procesului de creare al Contului;

Promotional Campaigns

The particular conditions of sale of the Products displayed on www.sammills.comgoverned by related regulations, in compliance with the Incidental Legislation (i.e. reduction of the Price or delivery costs, within the limit of available stocks, etc.);

Technical Requirements

Minimum technical requirements that must be met in order to use www.sammills.com i.e. computer, laptop or other multimedia device with Internet access, to ensure access to e-mail and the Internet.

Client

Any natural person who is at least 16 years of age or any legal entity visiting www.sammills.com and/or placing an Order under an Account;

Order

An electronic document that intervenes as a form of communication between the Seller and the Customer/User, by means of which the Customer/User expresses his intention to conclude a Distance Contract, using the means of distance communication, while specifying the Products he offers to purchase from the Seller and providing the latter with the data necessary for the conclusion and implementation of the Distance Contract;

Commercial Communications

The electronic newsletter service that allows Customers or Users to receive periodic information from the Platform, in particular about Promotional Campaigns and Products offered for sale on www.sammills.comat the e-mail address or telephone number that the Customer and/or User provided during the Account creation process;

Consumer

Any natural person or group of natural persons formed in associations, acting for purposes outside their commercial, industrial or production, craft or liberal activity;

Customer account

Electronic service made available to the Customer by www.sammills.comidentified by email address (Login) and Password, entered by the Customer, resources collected by the Platform's IT system and allowing the Customer to use additional functionalities/services (i.e. viewing orders, tax invoices, etc.);

Remote Contract

Contract încheiat intre vânzător și cumpărător fără prezența fizică simultană a părților, cu utilizarea exclusivă a unuia sau a mai multor mijloace de comunicare la distanță, până la și inclusiv în momentul în care este încheiat contractul, în temeiul căruia vânzatorul transferă sau se angajează sa transfere proprietatea asupra produselor către cumparător, iar cumpărătorul plătește sau se se aganjează sa platească prețul produsului/produselor, în acord cu principiile stabilite de Termenii și Condițiile www.sammills.com.

Content

Text, graphic or multimedia elements, such as, but not limited to, information about the Products and including images and descriptions thereof, promotional videos, if any, descriptions and images of people, scripts, software, trademarks, which are posted and distributed on www.sammills.com by Seller, are the property of Seller or its suppliers;

Shopping Cart

The service that the Platform offers to each Customer or User of www.sammills.com and that allows placing Orders for one or more Products, entering discount codes that facilitate lowering the Price in the context of certain Promotional Campaigns, viewing the Price of each Product individually and of all the Products together, of any costs related to the delivery of the Products and their estimated delivery date. The Shopping Cart collects the offers submitted by the Customer or User for the conclusion of the Distance Contract. By means of an Order, the Customer or the User may add several Products to the Shopping Cart in order to conclude the Distance Contract;

Buyer

User or customer who places an Order and purchases at least one product via the platform.

Courier

Any person under public or private law providing express courier services;

Relevant Legislation

Law no. 287/2009 on the Civil Code, Government Ordinance no. 99/2000 on the marketing of products and services on the market, Law no. 193/2000 on unfair terms in contracts concluded between professionals and consumers, Law no. 356/2002 on e-commerce, Government Decision no. 1308/2002 approving the methodological rules for the application of Law no. 356/2002 on electronic commerce, Emergency Ordinance No 140/2021 on certain aspects of contracts for the sale of goods, Law No 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, Government Emergency Ordinance No 34/2014 on consumer rights in contracts with professionals and amending and supplementing certain regulations;

Time of conclusion of the distance contract

Confirmation of stock availability and acceptance by the Seller of the order submitted by the Buyer concluded by an order dispatch notification (moment when the Seller undertakes to transfer ownership of the products to the Buyer). The Buyer's notification of confirmation of receipt of the order is NOT equivalent to acceptance of the order for the purposes of concluding the contract between the Seller and the Buyer.

Password

An alphanumeric string required to authorise access to the Account, which is set by the Customer during the Account creation process.

Sale Price

he amount of money the Seller receives in exchange for providing the Customer/User with the Product ordered, in accordance with the terms and conditions of the Remote Contract. The price consists of the value of the Product plus, where applicable, the related transport and/or collection costs. The related shipping and/or collection costs are detailed on www.sammills.combefore the Order is placed by the Customer and/or User.

Product

The movable good listed on www.sammills.commentioned in the Order and which is the subject of the Distance Contract, to be supplied by the Seller to the Buyer in exchange for payment of the Price;

Review/rating

Personal opinion in the form of text or rating (number of stars from 0 to 5) given to a product presented by the Seller on the www.sammills.complatform, which comes from a Buyer who has actually used or purchased the product.

Terms and Conditions www.sammills.com

This document, which defines the terms for the conclusion of Distance Contracts via www.sammills.comsets out the rights and obligations of the parties involved, in accordance with the provisions of the relevant legislation;

User

Any natural person over 16 years of age or legal entity who visits www.sammills.com and/or places an Order without having created a Customer Account;

Working Day

One of the days from Monday to Friday, except for public holidays, which are declared public holidays.

3. SITE CONTENT. ELECTRONIC SERVICES AND FUNCTIONALITIES MADE AVAILABLE TO THE CUSTOMER AND/OR USER

3.1 Site content

      1. Through its online shop, SAM MILLS presents and offers services for the sale of milling and bakery products.
      2. SAM MILLS may publish on the Site information about Goods and/or promotions offered by it or by any other third party with which the Company has entered into partnership agreements, within a certain period of time or within the limits of available stock.
      3. All information present on this platform is provided in good faith. The images published on the platform belong to the Seller and are true to reality, but sometimes the shades of the colours of the products/packaging may differ slightly due to the process of taking the photos or the settings of the user/buyer's monitor. There may also be errors of a technical or content nature, related to technical specifications or even prices, stocks or availability of products, which may occur for example when ordering between the seller's working hours, the list is not exhaustive.

3.2 Electronic services and website functionalities

3.2.1 Within the Website, the Platform provides the Client and/or the User with the following electronic services and functionalities:

    1. Account creation;
    2. use of the Shopping Cart;
    3. placing Orders, as well as concluding Remote Contracts, under the conditions regulated by the present Terms and Conditions;
    4. viewing Content displayed on the Website;
    5. sending Commercial Communications, based on the Customer's prior consent;
    6. creating Lists and interacting with the Favourites section.

3.2.2. The use of the Shopping Cart begins when the Customer adds the first Product to the Shopping Cart.

3.2.3 The Shopping Cart is offered free of charge, is unique and ends when the order is placed through it or when the Customer/User does not complete the order through it, and the Shopping Cart saves the information selected by the Customer even after the browsing session ends, including logging out, but does not reserve the Products.

3.2.4. The Customer and/or the User have the following obligations in connection with the use of the electronic services and functionalities provided by the Seller on the Site:

    1. to provide truthful data when placing an Order or in the registration forms when creating the Account;
    2. to update the data they provided to the Seller at the time of placing the Order and concluding the Distance Contract, in particular for the correct use of the electronic services and functionalities offered by the website. The Customer/User has the possibility to modify at any time the data entered during the creation of the Account or the placing of the Order, using all the options available in the Account or Order placement section;
    3. use the electronic services and functionalities provided by the Platform in such a way as not to interfere with its operation;
    4. use the services and functionalities made available by the Platform in accordance with the applicable law and these Terms and Conditions;
    5. to pay the Price and other costs associated with the delivery of the Products on time, as applicable;
    6. to take delivery on time of the Products ordered by using the method of delivery and cash on delivery;
    7. to not carry out computer activities or any other activities aimed at obtaining information that is not intended for the Customer and/or the User, including data of other Customers or that interferes with the principles or technical aspects of the operation of www.sammills.com and the payment of the Price of the Products, or unauthorised modification of the Content provided by the Seller, in particular that provided within www.sammills.com concerning Prices or the description of the Products.

3.3. COMMERCIAL COMMUNICATIONS. NEWSLETTER

The Customer may at any time change its option regarding the consent given to the Seller for Commercial Communications containing general and thematic information regarding the Products offered on www.sammills.com , including regarding offers or promotions, as follows: www.sammills.com , inclusiv cu privire la oferte sau promoţii, după cum urmează:

    1. by accessing the unsubscribe link displayed in the Commercial Communications received from SAM MILLS via the Newsletter; or
    2. by contacting SAM MILLS.

3.3.2. Messages received by the Customer/User from the Seller by SMS or email relating to the status of the relationship between the Seller and the Customer/User (i.e. confirmation of account creation, confirmation of Order placement, notification of Product delivery, notification of security incidents, etc.) are not considered Commercial Communications within the meaning of the Incident Legislation.

3.3.3. No later than 14 (fourteen) days after the purchase of a Good, the Buyer will be requested to enter a Review related to the purchased Good. The request will be sent to the email address registered by the Buyer in the Account or used for the confirmation of the order and the contractual relationship. In this way, the Buyer contributes to informing other potential Users/Customers/Buyers on the Site and is actively involved in the development of new Services and in detailing as fully as possible the characteristics of the Goods. In this way, the Platform also provides access to consumer (buyer) reviews of the Products and guarantees that the published reviews come from consumers who have actually used or purchased the Product. Reviews that do not come from people who have used or purchased the product will be deleted.

4. USER CONDUCT

4.1 By accessing the Site, Users acknowledge the need to comply with the legal rules in force, to act invariably in accordance with good morals and not to damage in any way the reputation and rights of the Company/Platform.

4.2. The use of this site is not permitted:

a) in any manner that violates any local, national or other law or regulation or any order of any court in any relevant jurisdiction;

b) for any purpose not permitted by law;

c) to distribute advertisements of any kind or communicate false or misleading messages of any kind (defamatory comments, reviews left with the intention of creating a negative image, comments that do not reflect reality, etc.);

d) for accessing or attempting to access data of other users of the site, penetrating or accessing any of the security measures relating to the site;

e) introducing any malware, virus or other harmful software program (worm) that damages or interferes with the operation of the Site, including but not limited to cancelbots, denial of services, worms, Trojan horses, viruses or any other software or hardware for such purpose;

5. LINKS TO EXTERNAL PLATFORMS

5.1 The Company may use/display/provide links to applications/platforms/websites operated by third parties with their consent. If you access them, we are not responsible for the way you use them, we do not guarantee and are not liable for any application/platform/website for which we provide links via the www.sammills.com website. In this case you are obliged to consult the Terms and Conditions and Policies of each external platform.5.1 The Company may use/display/provide links to applications/platforms/websites operated by third parties with their consent. If you access them, we are not responsible for the way you use them, we do not guarantee and are not liable for any application/platform/website for which we provide links via the www.sammills.com website. In this case you are obliged to consult the Terms and Conditions and Policies of each external platform. www.sammills.comwebsite. In this case you are obliged to consult the Terms and Conditions and Policies of each external platform.

5.2 Where third party apps/platforms/websites provide links to www.sammills.com content it does not imply that we have any association with that website or presume our association or affiliation with/with those apps/platforms/websites.

6. INTELLECTUAL PROPERTY

6.1. The exclusive rights to the Content made available/displayed via www.sammills.com by the Seller, in particular the copyright, the name and logo (trademark), the graphic elements thereof, the software as well as the database rights are subject to legal protection and are the property of the Seller. The Customer/User has the right to use the above Content free of charge, but only for personal use and exclusively for the proper use of the website.

6.2. The Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Website, are the exclusive property of the Company, to which the Company reserves all rights obtained in this respect directly or indirectly.

6.3. The Customer/Buyer/User is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any Content in any context other than that originally intended by SAM MILLS, include any Content outside of the Site, remove any markings signifying the Company's copyright in the Content and participate in the transfer, sale, distribution of any materials made by reproducing, modifying or displaying the Content, except with the express written consent of the Company.

6.4. The Company may grant the Client/User, at his/her express request, by means of an agreement, the right to use in a described form certain content of the www.sammills.com platform. This agreement applies strictly to the Content(s) defined, for a period set out in the agreement and only to the person(s) who have been allowed to use such Content(s), without being able to use other Content(s) of the www.sammills.com platform.

6.5. The use on www.sammills.com of any registered brand name does not constitute advertising for the respective Company. The Company does not assume responsibility and cannot be blamed for any damage arising from the use of the Content of the www.sammills.com platform.

6.6 No Content transmitted to the Client, User or Buyer, by any means of communication or acquired by him by accessing, visiting and/or viewing does not constitute a contractual obligation on the part of the Company towards such Content.

7. DISCLAIMER

7.1. The Company does not warrant that the www.sammills.com platform, the servers on which it is hosted or e-mails sent by the undersigned are free of viruses or other potentially harmful computer components, that it is free of errors, omissions, defects, delays or interruptions in operation or transmission, line failures or any other similar disruptive factors. The Customer/User uses the www.sammills.com platform at his/her own risk, and the Company shall not be liable for any direct or indirect damage caused by using or accessing/viewing www.sammills.com or as a result of using the information on the www.sammills.com platform.

7.2. The Company cannot be held liable for any loss, damage, or expense that may arise from accessing or using this website or for damage caused by accessing or using the information or data in the articles and documents displayed and does not offer any guarantee for their veracity.

7.3. The information contained in www.sammills.com is for informational purposes only and is provided in good faith. If any of the published articles or any other information falls under the Copyright and Related Rights Act No. 8 of 1996, the Customer/User is requested to inform the Company of this fact at the contact address in the CONTACT section so that the necessary legal measures can be taken, if necessary.

7.4. The Company shall not be liable for any loss, costs, lawsuits, claims, expenses or other liabilities, if they are directly caused by non-compliance with the www.sammills.com Terms and Conditions.

7.5. The Company shall not be liable for any damage resulting from the non-functioning of the www.sammills.com platform or from the inability to access certain links published on the www.sammills.com platform.

7.6. By creating and using the Account, the User/Purchaser assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account, and, to the extent permitted by the legislation in force, is responsible for the activity carried out through his/her Account.

8. ADVERTISING

8.1 The Company may display advertisements for products or services in its offer as well as for products or services belonging to third parties. By using www.sammills.com and accepting the Terms and Conditions of Use and the Privacy Policy, you directly agree to be the recipient of these commercial communications.

9. CHANGES

9.1 The Company reserves the right to modify or update the content of the Terms and Conditions of Use at any time without prior notice to the User.

9.2 The Company reserves the right to change the content or technical characteristics of any aspect of the Platform at any time, depending on the technical and commercial opportunities analysed and depending on technological advances, which may make it impossible to access or use the Platform throughout the period of the changes or afterwards.

9.3 The information on this website has been entered with the aim of providing up-to-date information. The Company ensures that every effort is made to provide correct information and to correct any inconsistencies that may exist.

10. CONFIDENTIALITY AND SECURITY

10.1 The confidentiality of all information of any kind that users provide on the Company's website or to their representatives shall be ensured.

10.2 For more details on data privacy, processing and storage, please refer to the Privacy Policy posted on the site.

10.3 No public statement, promotion, press release or any other disclosure to third parties shall be made by the Buyer/Customer with respect to the Order/Contract without the prior written consent of the Company.

10.4 By submitting information or materials through this site, you grant the Company unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that the Company may freely use, for its own purposes, such information, ideas, concepts, know-how or techniques that you submit to us through the Site. The Company shall not be subject to any obligations relating to the confidentiality of the information submitted, unless otherwise specified by the legislation in force.

10.5. The User understands that the services are available via the Internet - a network that is not under the direct or indirect control of the Company. However, it tries to make every effort to maintain the security of the information and takes appropriate technical and organisational measures to ensure data security and platform availability.

10.6. The Company recommends the User to constantly check the security policies of the browser used, as well as the terminal used to access the Site, so that it has installed and updated software against viruses of any type or any external cracking or hacking attacks.

10.7. Users who damage the security of the Company's systems or networks or who undermine their integrity shall bear the consequences (criminal or civil) established by the applicable legal regulations in force.

11. MAJOR FORCE

11.1. Neither party to the Distance Contract shall be liable for failure to perform on time - in whole or in part - any of its obligations under the Distance Contract if the failure to perform such obligation was caused by force majeure. For the purposes of this Article, force majeure shall mean an unforeseeable and insurmountable event beyond the control of the parties, not due to their intention or fault, which occurs after the entry into force of the Long Distance Contract and which prevents the parties from performing all or part of their obligations. Such events shall include armed conflicts, civil commotion, fire, floods or any other natural disaster or restriction resulting from a quarantine or embargo, the list being not exhaustive but illustrative. Labour disputes do not constitute force majeure. An event similar to the above which, without creating an impossibility of performance, makes it extremely costly for either party to perform its obligations is not considered to be force majeure.

11.2. The Party claiming Force Majeure shall notify the other Party within 10 calendar days of the occurrence of the Force Majeure Event and provide within this period the necessary evidence thereof. The Party invoking force majeure is also obliged to inform the other Party of the termination of the force majeure event. In the event of failure to give notice, the party claiming force majeure shall be liable for all damages arising from the failure to give notice of the occurrence/termination of the force majeure event.

11.3. If within 15 (fifteen) days from the date of its occurrence, the said force majeure event does not cease, each party to the Long Distance Contract shall be entitled to notify the other party of the automatic termination of the Long Distance Contract, without either party being entitled to claim damages from the other.

12. APPLICABLE LAW. DISPUTE RESOLUTION

12.1. The Distance Contract shall be governed by and construed in accordance with Romanian law.

12.2. The parties to the Long Distance Contract shall make every effort to settle amicably any dispute arising from the conclusion and performance of the Long Distance Contract.

12.3. If this is not possible, the dispute shall be submitted for settlement to the competent courts in Satu Mare, without restricting the Consumer's right to resort to alternative dispute resolution by accessing the portals http://ec.europa.eu/consumers/odr/ and/or www.anpc.ro.

13. FINAL PROVISIONS

13.1. The invalidity of any provision of the Terms and Conditions www.sammills.com, in whole or in part, shall not affect the validity of the remaining provisions or parts of provisions of the Terms and Conditions. The inoperative or unnoticed clause will be replaced by a corresponding clause which, to the extent legally acceptable, comes closest to what was intended or, following the design and wording of the Terms and Conditions www.sammills.com achieves what is intended after notice of the missing or inoperative clause.

13.2. The provisions of the SAM MILLS Terms and Conditions shall be supplemented by the provisions of the Applicable Law.

13.3. The Distance Contract is concluded in Romanian. Confirmation to the Customer/User of the provisions of the concluded Distance Contract shall be made by sending an e-mail to the Customer/User confirming the registration of the placed Order.

14. SUPPORT

14.1. Any complaint related to access, use, registration on our website, placing an order, issues related to the order placed and the like, shall be communicated to us directly, either at the contact details in the CONTACT section

14.2. Requests received by email will be dealt with within a maximum of 10 working days from the date of registration of the request.

These Terms and Conditions were last updated on 21.11.2023.