TERMS AND CONDITIONS
 
1. DEFINITIONS AND TERMS
 
exghts – Romanian company EXGHTS S.R.L., registered office in Brasov town, Mihail Kogălniceanu Blv., No. 23, Brasov County, with Order Number in the Trade register J08/2315/2018, and unique Tax registration code RO 39980015, phone numeber 0762.212.001, e-mail: info@exghts.com.

Client – any legal entity that obtained access to the CONTENT and PRODUCTS, by any means of communication made available by exghts (digital, telephone, etc.) or on the basis of an existing use agreement with }exghts and which requires the creation and use of an account.
User – any private person who is over 16 years old or a legal entity registered on the Site or Market Store, that, by completing the account creation process, gave consent to the specific clauses of the site in the Terms and General Conditions section.
Account – the section of the Site consisting of an email address and a password that allows the customer to transmit the order and contains information about the buyer and the buyer's history in the Site. The user is responsible and will ensure that all information entered in the account creation is accurate, complete and up-to-date.
Site – The online website hosted at exghts.com web address and its subdomains.
Store – The online marketstore where exghts can publish applications and products.
Order – an electronic document used as a way of communication between the seller and the customer, whereby the customer transmits to the seller its intention to acquire products and services from the Site or Online Store, through the website.
Products and services – any product or service listed on the Site provided by the seller to the customer, as a result of the concluded contract.
Campaign – the action of exposing a known number of products and/or services for commercial purposes, having a limited and predefined stock for a limited period of time, fixed by the seller.
Contract – represents a distance contract agreed between the seller and the customer, without the simultaneous physical presence of the seller and buyer.
Content: 
– all information on the Site that can be visited, viewed or otherwise accessed by using electronic equipment; 
– the content of any e-mail sent to purchasers by electronic means and/or any other means of communication available; 
– any information communicated by any means by an employee/contributor of the seller, to the purchaser, according to the contact information, specified or not by him; 
– information related to the products and/or services and/or tariffs charged by the seller during a certain period; 
– information related to the products and/or services and/or charges charged by a third party with which the seller has concluded partnership contracts during a certain period;
– data related to the seller or other privileged data belonging to the seller.
    
Answer – written information that is transmitted to the user/customer/purchaser that asked a question on the Site, on the page of a particular product or service. The answer is an explanation given to the user/customer/purchaser, during a discussion.
Document – these Terms and Conditions. 
Specifications – all specifications and/or descriptions of products and services as specified in their description.

2. CONTRACT DOCUMENTS
2.1. By registering a request on the Site, the buyer agrees to the means of communication (telephone or e-mail) by which the seller carries out his commercial operations.
2.2 . The contract is concluded between the seller and the customer after the negotiation of the price offer and the determination of all transaction’s details. 
2.3. The information made available by the seller on the Site shall be the basis for the offer but have no commercial implications. 

3. INTELLECTUAL PROPERTY RIGHTS
3.1. The content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, icons, text and/or multimedia content presented on the Site, are Exghts’ exclusive property, the company has all rights reserved,  directly or indirectly (through use and/or publication licenses) obtained in this respect.  
3.2. The customer/user is not allowed to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, expose, incorporate any content in any context other than that Originally intended by exghts, to include any Content outside the Site, to remove the markings which signify the copyright of exghts on the content, as well as to take part in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the content, except with the express written consent of exghts.
3.3. Intellectual proprety rights refers to any content to which the customer/user has and/or obtains access by any means, covered by this document, unless the content is accompanied by a specific and valid use agreement concluded between exghts and the  and customer/user without any implied or expresse warranty from exghts with reference to that content.
3.4. Customer/user may copy, transfer and/or use content only for personal or non-commercial purposes only if that doesn’t involve in conflict with the provisions of this document. 
3.5. In the situation when exghts grants the customer/user the right to use a certain content,  in the form described in a separate use agreement, to which the customer/user has or got access following this agreement, this rights only extend to that or those content, defined in the agreement, only during its existence, or to those content on the site, or to the period defined in the agreement, in accordance with the settled conditions, if they exist, and do not represent a commitment from exghts, for that customer/user or any other third party who has/obtains access to such transferred content, by any means, and which could be or is harmed in any way from this content, during or after the use agreement expiration.
3.6. No content transmitted to the Client/user, by any means of communication (electronic, telephone, etc.) or acquired through access, visitation and/or visualization shall not constitute a contractual obligation of Exghts and/or of the Exghts’ employee, who has managed the transfer of the content, if any, in relation to that content.
3.7. Any use of the content for purposes other than those expressly permitted by this Document or by the content’s accompanying use agreement, if any,  shall be prohibited.
4. OFFER
4.1. The customer/user may request the price offer on the Site by completing the offer request form and conclude the contract after receiving the price offer and all other details. Requesting a price estimate for a product/service, and failing to conclude a firm Contract, does not entail the registration of an order, and by default neither the product/service reservation. 
4.2. By filling in the form and submitting the requested data, the user/purchaser consents that all the data required by the price quote estimation process he/she provided are correct, complete and true at the time of placing the request. 
4.3. By transmitting the data, the user/purchaser consents that exghts may contact him/her, by any means available and agreed between the parties, in any situation where contacting the user/purchaser is required. 
4.4. Exghts may cancel the estimative offer submitted to the purchaser, following a prior notification to him/her, or at the end of validity period of the offer, without any subsequent obligation from either parts and without any of the parties being entitled to Claim compensatory damages from the other party.
4.5. The prices presented on the site do not include the value added tax (VAT) according to the Romanian law and also do not include a delivery fee. For products involving physical delivery, the delivery fees will not be the same for every order. The cost for each delivery method is clearly indicated during the process of completing the order or in the negotiated price offer sent to the customer. Standard delivery fee is related to the delivery service provider or to Romanian Post Office and starts with a minimum of 10 RON. "
4.6 Exghts is obliged to provide the recipient with at least the following information, prior to the time when the estimated offer or the firm offer are sent, which must be clearly expreseed, unequivocally and in an accessible language:
a) The technical steps to be followed in order to conclude the contract; If the contract, once concluded, is stored or not by the service provider and whether it is accessible or not;
b) The technical means that the service provider makes available for the receiver, with the purpose of error identification and correction during the introduction of data;
c) The language in which the contract can be concluded; 
d) The relevant codes of conduct to which the service provider subscribes, as well as information about how these codes can be consulted by electronic means. '

5. AVAILABILITY AND ORDER PLACEMENT
5.1. The availability of a product will be displayed in the Site as follows:
„Available" – if the product/service is available/in stock
"Limited Offer" – if the product/service is available for a limited period of time or number of pieces.
"Special Order" – the product is not available immediately and no information about its availability are displayed at the moment. But, if a Clint/User registers a request for a product/service that has „Special order” button, one of our consultants will contact him/her in order to provide additional details.
"Currently unavailable" – Currently the product/service from the Exghts portfolio cannot be purchased.

5.2. Placing the order and concluding the contract 
The available order placement options via exghts.com site will be distinctly published. For further information please visit our dedicated Customer Service page. Immediately after placing the order, if you have provided us with your email address, you will receive a confirmation email. If we cannot process your order for some reason, we will notify you as soon as possible. If we have already received payment for your order, we will try to reimburse you for that amount using the same method as the one used to make the payment. "
When people install an app from the Store, they want to feel confident that it’s safe to do so — that the app doesn’t contain upsetting or offensive content, won’t damage their device, and isn’t likely to cause physical harm from its use. We’ve outlined major pitfalls below.

Objectionable Content
Apps should not include content that is offensive, insensitive, upsetting, intended to disgust, in exceptionally poor taste, or just plain creepy. Examples of such content include:
•	Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the app is likely to humiliate, intimidate, or place a targeted individual or group in harm’s way. 
•	Realistic portrayals of people or animals being tortured or abused, or content that encourages violence. “Enemies” within the context of a game cannot solely target a specific race, culture, real government, corporation, or any other real entity.
•	Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition.
•	False information and features, including inaccurate device data or trick/joke functionality, such as fake location trackers. Stating that the app is “for entertainment purposes” won’t overcome this guideline. Apps that enable anonymous or prank phone calls or SMS/MMS messaging will be rejected.
Reviews:
•	Store customer reviews can be an integral part of the app experience, so we treat customers with respect when responding to their comments. 

6. PRIVACY
6.1. Exghts will asure the privacy of information of any kind that you provide. Disclosure of the information provided will be made only under the conditions specified herein.
6.2. No public statement, promotion, press release or any other way of disclosure to third parties shall be made by the user/Client regarding the order/Contract without the prior written consent of Exghts.
6.3. By submitting information or materials through the website, you offer }exghts unrestricted access to them, the right to use, transmit these materials or information. Exghts will not be subject to obligations relating to the confidentiality of the information sent, if the legislation in force does not provide for any further specification.

7. COMMERCIAL COMMUNICATIONS
7.1. The user/customer may at any time change his/her option regarding consent of Exghts commercial communications from exghts, containing general information and information on tenders or promotions as follows:
7.1.2. By modifying the settings in the "Newsletter subscription" section;
7.1.3. By accessing the unsubscribe link displayed in the commercial communications received from Exghts; Or
7.1.4. by contacting Exghts.

7.2. Following the purchase of a product or service, exghts may transmit to the Purchaser/user commercial communications about suggestions for products or services recommended to be used in conjunction with the purchased product or service.
7.3. The customer/user may at any time unsubscribe from commercial communications referred to in point 7.2. above mentioned, by accessing the unsubscribe link displayed in the commercial messages received from Exghts or by contacting Exghts regarding this subject.
7.4. Also, in order to improve products and services portfolio and the purchase experience, we will use your data for conducting market research and opinion polls. The information obtained from such market research and opinion polls will not be used for advertising purposes, but only in those mentioned above. Your answers to market research and opinion polls will not be associated with your identity, transmitted to third parties and nor be published. You can object to the use of data for market research purposes and opinion polls at any time by accessing the unsubscribe link displayed in the message or by contacting Exghts.
7.5. Exghts may organise promotional campaigns, which will be brought to the attention of the user by means of communication to which he has consented beforehand. The potential participants will be informed about their regulations only through the website or via e-mail messages and will be valid during the campaign period only. Promotions are only valid within the time period indicated. Exghts may discontinue or cancel at any time, without any prior notice, any promotion, without being responsible for any direct or indirect damage that could be created in the legal sphere of its users.
The user consents not to consider spam electronic communications from exghts via e-mail. The user also agrees that any communication addressed via e-mail or posted on the site satisfies any legal requirement, as to be considered as written.
7.6. In no event may exghts and its suppliers be held liable for any damages whatsoever, irrespective of their nature, as a result of using exghts.com website and the services provided through it or as a result of the inability to use them. While making every effort to do so, Exghts does not guarantee that the functioning of the site and servers will be uninterrupted and error-free, that the use of the site is without risk (viruses, other elements or actions that can cause damage, specific for the Internet and digital technologies, including the violation of information security), that information provided through the site is accurate and up-to-date. Therefore, Exghts does not assume the costs of technical assistance and reparation of any damages. Under no circumstances may exghts be liable for damages, direct or indirect, as aresult of the use or limitation of access to the site. Exghts do not guarantee continuity, non-interruption or security access to the exghts.com website or other services.

8. PROCESSING PERSONAL DATA
Please review the Privacy Policy regarding the processing of personal data on www.exghts.com

9. ABOUT COOKIES
Please Review the Cookies Policy, which is part of this Document.
 
10. FORCE MAJEURE
10.1. None of the parties shall be liable for the non-performance of its contractual obligations, if such non-execution and/or appropriate, wholly or partly, is due to a force majeure event. The force majeure is the unpredictable event beyond the control of the parties, and which cannot be avoided.
10.2. If, within 15 (fifteen) days from the date of its occurrence, the event does not cease, each Party shall be entitled to notify the other party of the termination of the contract of law without any one of them being able to claim damages from the other party.
11. APPLICABLE LAW – JURISDICTION
This document is subject to Romanian law. Any disputes between exghts and users/buyers will be settled amicably or, if that is not possible, disputes will be resolved by the competent Romanian courts of Brasov municipality.