1. SERVICE DESCRIPTION. DEFINITIONS

The website www.mezeaudio.com, hereinafter referred to as MEZE AUDIO or the Website is used by MEZE AUDIO SRL, with the registered office in the county of Maramureș, Baia Mare, Str. Morii 1-3, registered with the Trade Register under number J24 /785 /2013, fiscal code RO 32229151, the company having exclusive intellectual property rights over the Website Content, hereinafter referred to as the Website Owner/the Seller.

Through the Website, its Owner, in its capacity of seller, shall ensure the sale of goods and/or services to the Customers accessing it as Buyers.

The below terms shall be defined as follows:

User – any natural person accessing the Website in view of consulting the Website Owner’s commercial offer, whether or not they place an Order for the procurement of products/services;

Registered User - natural/physical person who has or obtains access to the Website using electronic means of communication made available by MEZE AUDIO or based on a user agreement existing between MEZE AUDIO and the latter, and which requires the creation and use of an Account;

Customer – any person who accesses the Website and places an Order in view of purchasing products/services on own behalf or as a representative of a legal person;

Buyer – The Customer (natural or legal person) who entered into a Contract with the Website Owner, according to below definition given of the Contract;

Account – the Website section consisting of an e-mail address and a password, which allows the Buyer to submit the Order;

Order – the request submitted in electronic form, whereby the Buyer manifests their intention to purchase goods and services as presented in the MEZE AUDIO offer;

Order Confirmation – an automated email received by the Customer who placed an Order on the Website and which contains the details of the Order placed regarding the characteristics of the product(s) ordered and of the price paid by the Customer, depending on the payment modality chosen by the latter. The Confirmation of acceptance of the Order is legally the moment when the Contract is entered into between MEZE AUDIO and the Customer;

Contract – The Order confirmed electronically (by sending an email/electronic message of confirmation from the Seller to the Buyer) or by phone (in exceptional cases, by means of a confirmation phone call from the Seller to the Buyer);

Content - all the information published on the Website, which can be viewed/accessed by using electronic equipment;

Newsletter – periodic means of information, exclusively via electronic means, namely email, regarding the products, services and/or promotions carried out by MEZE AUDIO in a certain period of time;

Transaction – receipt or reimbursement of an amount resulting from the sale of a product/performance of a service by MEZE AUDIO to the Customer, also by using the services of the card processor approved by MEZE AUDIO, regardless of the chosen delivery modality.

The Website Owner reserves its right to restrict or to exclude the access of some Users to the Website and/or to some accepted payment modalities, as well as to delete or restrict a User’s Account, within the limits of the law, if they find that, based on their conduct or activity on the Website, access to and the existence of the Registered User’s or Customer’s Account could prejudice or prejudices in any way MEZE AUDIO or its Customers. Any action restricting or excluding a Registered User or Customer shall be performed in compliance with these terms.

If the Website Owner finds any irregularities and/or any type of infringements of these provisions, leading to any type of prejudice or disturbance to its activity, MEZE AUDIO reserves its right to restrict the Registered User’s access to the Website, upon prior notice to the latter.

2. THE USER’S REGISTRATION

To place an Order for products/services offered by MEZE AUDIO, the User may choose to register on the Website as a potential Customer. For this purpose, you commit and guarantee that you provide real, accurate, and complete data, as requested in the registration form.

The Website Owner reserves the right (but does not also have the obligation) to check the authenticity of the User’s registration data regarding their existence.

By accepting the Terms and Conditions, the User expresses their consent to any potential checks that will be performed by the Website administrators as a safety measure for the reality and accuracy of the provided data.

If it is found that the information provided by the User is inaccurate or inconsistent with the information provided by the competent bodies, the Website Owner reserves the right to suspend or stop the respective User’s access to the services of the Website and to refuse any current or future attempts to order products/services offered on the Website.

By accessing the Website and the provided services, the User guarantees that they provide accurate data to the Website User, being solely responsible for the information provided.

3. ORDER REGISTRATION, CONFIRMATION, AND PROCESSING

The products included in the offer of the MEZE AUDIO online store can only be sold based on an Order. The Order shall be processed according to the below provisions. CAUTION!! An unconfirmed Order does not involve a reservation of products.

The Orders are processed and fulfilled in the chronological order of their registration. An Order cannot be fulfilled if, for the same product, another Order was chronologically registered before it and later confirmed, leading to a stockout.

By launching an Order through the online store, the Buyer agrees to the form of communication whereby the Seller carries out their operations (electronically).

An Order placed on the Website includes:

- the goods/services found in the offer of the above-mentioned online store;

- clear mentions regarding the invoicing and delivery data, as well as other special mentions;

- the Buyer’s specifications.

The launching of an Order does not also involve a Confirmation of the Order and of the Contract.

The stages in view of completing an Order and entering into the Contract are the following:

- order registration, by generating a single code for each registered Order;

- take-over of an Order by a salesperson, within the Seller’s working hours;

- the Order shall only be confirmed after checking the Order and the stock of products requested in the Order. Such Confirmation shall only be provided by a salesperson, by telephone or in electronic form (by email);

- the Order shall only be delivered after confirming the Order and after the salesperson/delivery agent and the Buyer have established the delivery details.

The Seller may cancel the Order placed by the Buyer, following prior notice to the Buyer, without any further obligation of one party to the other one or without any party being able to claim damages in the following cases:

- the non-acceptance of the Transaction by the bank issuing the Buyer’s card, in case of an online payment;

- the invalidation of the Transaction by the card processor in the case of online payments;

- the data provided by the Customer/Buyer within the form on the Website is incomplete and/or inaccurate;

- the Customer’s activity on the Website can cause and/or causes any type of damages or prejudice to MEZE AUDIO and/or its partners in any way;

- more than two consecutive failed delivery attempts.

Only natural person Customers can withdraw from an Order placed and can withdraw from the Contract within 14 days from the date of receipt of the products ordered in accordance with Article 9 of Government Emergency Order No 34 of 2014 on consumer rights within Contracts entered into with professionals, as well as amending and supplementing some regulatory acts.

Caution! In the case of products ordered and customized at the Customer’s request, the Customer shall have no right to return, respectively no right to withdraw from the Contract, an exception regulated by the provisions of Article 16 of Government Emergency Order No 34/2014. At the same time, the Customer shall not be reimbursed any potential advance payment made upon placing such Order, if such Order is cancelled.

If the natural person Customer, within the legal term, submits a request to withdraw from the Contract, for an Order placed with payment by bank card and if the bank which issued the Customer’s card transferred the amounts paid into the MEZE AUDIO Account, the amount paid shall be returned by MEZE AUDIO within no more than 14 calendar days from the date on which the latter acknowledged it, using the same payment methods as those used by the Customer for the initial Transaction, unless the Customer agreed to another payment method, expressly indicated by the latter in writing (except for cash reimbursement). Following a withdrawal from the Remote Contract, the fees resulting from the reimbursement shall not be paid by the Customer, and they shall be covered in whole by the Buyer.

If a product ordered by the Customer, paid by bank card in advance, cannot be delivered by MEZE AUDIO, the latter shall inform the Customer on this fact and shall return the equivalent value of the products into the latter’s Account, within a maximum of 7 days from the date on which MEZE AUDIO acknowledged it or from the date on which the Customer expressly stated their intention to withdraw from the Contract.

4. PRICE, INVOICING, AND PAYMENT OF THE PRODUCTS

The product prices and stock shall be updated by the online store as information is received from the suppliers.

If the prices or any other details regarding the products were displayed erroneously, also because of their erroneous entry into the database, the Buyer acknowledges the Seller's right to cancel the Orders (requests for products which were not confirmed) containing such products and to notify the Customers on the occurring error as soon as possible.

The prices displayed within the Website include VAT in the case of EU countries and do not include VAT in the case of non-EU countries in accordance with the law in force, they are stated in the currency EUR (for the EU Website) and in USD (for the international Website). The reference currency for the calculation, payment and invoicing of the products ordered shall be in the currency EUR (for the EU Website) and USD (for the international Website).

The price, the payment method and the payment terms are stated in each Order. The Seller shall issue to the Buyer an invoice for the delivered goods and/or services, and the Buyer commits to provide all the information needed to issue the invoice under the law in force.

The Seller shall send to the Buyer the invoice related to the Order in electronic form, at the email address indicated by the Buyer in their Account created on the Website.

In case an Order is placed using a card in a currency other than the Website’s reference currency, your card issuing bank may operate the conversion into EUR/USD of the amount paid for the products purchased on the Website, with the possibility for your bank to charge a foreign exchange fee. You thus have the obligation to make inquiries regarding the existence of such fee before placing on Order on the Website. MEZE AUDIO shall not be liable for its Users’ lack of information regarding the fees charged by the bank. For clarification, in case of online payments, MEZE AUDIO is not/cannot be held liable for any additional costs covered by the Customer, including, without limitation, any foreign exchange fees applied by the bank issuing their card, if the currency in which it was issued is different from the reference currency. Responsibility for such action shall belong exclusively to the Customer.

If the payment is made by bank card, MEZE AUDIO shall debit the Customer’s current account with the amounts representing the equivalent value of the products ordered, after the Order Confirmation is sent to the latter.

All visual information used to describe the products available on the Website (static/dynamic images/ multimedia presentations/etc.) shall not constitute a contractual obligation on the part of the Website Owner, and they shall be used exclusively for presentation purposes.

Online payments shall be processed directly by the issuer bank through the payment partners. The payment system is secured at the highest standards, including 3D Secure. The Buyer’s payment card data shall not be accessible to or stored by MEZE AUDIO.

5. DELIVERY OF THE PRODUCTS

The delivery of the purchased products/services to the Customer shall be performed through a fast courier company for the performance of the transport services.

Deliveries shall be made within 3-10 business days from the Confirmation of the Order for the products which are in stock with the Seller. Delivery delays may occur, caused by stockouts in the online store or at the supplier, by internal technical issues or by external factors. The delivery term may vary from 3 business days to a maximum of 30 business days for Orders containing special requirements or Pre-Orders. The delivery terms shall be valid from the time the Order is confirmed, excluding non-business days and certain exceptional situations (for instance: adverse weather conditions, public holiday periods, unforeseen technical issues etc.. Inasmuch as possible, we will notify you if we encounter any of the above-mentioned situations as soon as they are communicated to us by the fast courier company.

After the Order is received, it is recommended to check the products for any physical defects caused by transport. It is also recommended to check the product in terms of the specifications and the accessories with which it is delivered.

Delivery costs shall be covered by MEZE AUDIO if the value of the Order is at least RON 5,000 or EUR 1,000 or USD 1,000, depending on the reference currency. For Orders having a lower value, the Customer shall pay the equivalent value of the transport, displayed on the Website upon placing the Order.

6. PRODUCT WARRANTY

All products marketed by the online store MEZE AUDIO shall have warranty conditions in accordance with the law in force and with the commercial conditions of manufacturers and distributors. All products are new, in original packaging.

Warranty conditions are in accordance with the provisions of Government Emergency Order 140/2021 and Government Order 21/1992, as further amended. Any repair or replacement of the products shall be carried out within a reasonable period of time, which cannot, however, exceed 15 calendar days.

The consumer is defined as follows: “any natural person or group of natural persons set up in associations who, as part of the contracts covered by this law, act for purposes outside its commercial, industrial or manufacturing, handcrafting, or liberal activity.” Legal persons are not covered by the two above-mentioned laws.

Legal person Buyers shall not be granted the rights specific for natural person consumers, as the notion of consumer is defined in the law on consumer protection.

7. PRODUCT RETURNS

Natural person consumers shall have the right to withdraw from the Contract, respectively to return a Good or to renounce a Service, within 14 calendar days, without claiming any reasons and without covering any costs other than the delivery costs. Thus, according to Government Emergency Order No 34/2014, the period for returning a Good or for renouncing a Service shall expire within 14 days from the date on which the Buyer takes physical possession of the Good ordered.

If the Customer decides to withdraw from the Contract, they can submit a request to the Seller in this regard. In accordance with Article 11 of Government Emergency Order 34/2014, before expiry of the withdrawal period, the consumer shall inform the professional regarding their decision to withdraw from the Contract. For this purpose, the consumer shall send to the Seller their decision to withdraw from the Contract via an email sent to the address sent to the address included in the contact section.

If the Buyer requests a withdrawal from the Contract within the legal term for withdrawal from the Contract, they shall also return any potential gifts accompanying the respective product. If the Order is paid, the Seller shall reimburse the amount within a maximum of 14 (fourteen) days from the date on which the Buyer informs the Seller on their decision to withdraw from the Contract. The amount shall be returned by refund into the account from which the payment was made or into the bank account indicated by the Customer, if the payment was not made by bank card.

Reimbursement of the amount due to the Customer shall only be decided after the goods sold are received from the Customer, to allow for their assessment. The Seller may postpone the reimbursement of the product’s equivalent value until receipt of the product sold or until receipt of a proof of dispatch.

The following shall be exempted from the right of withdrawal:

- the performance or the access to a service, after providing access or the service, if the performance started with the Buyer’s express consent;

- the supply of Goods manufactured/ordered according to the specifications submitted by the Buyer or clearly customized (Orders for which a 10% nonrefundable advance payment is charged);

- consumable products which were unsealed and which started being used.

If the marketed products are bespoke products, corresponding to the Customer’s requirements, at the request of the Customer (Registered User), they shall not be assigned the right to return, respectively the right to withdraw from the Contract, an exception regulated by the provisions of Article 16 of Government Emergency Order No 34/2014.

In case of a return, the products shall be returned in their original packaging, with all accessories and labels intact, as well as with all documents accompanying them and a copy of the purchasing Invoice. Any products returned without their packaging or without accessories of the packaging (for instance safety props, cardboard or polystyrene protective elements etc.) or of the product shall lead to a reduction in the value of the products.

Returns shall not be accepted for products with physical changes, damaging, chipping, scratching, staining, shocks etc.

The Customer shall only be responsible for the reduction in the value of the goods resulting from handling other than that required to determine the nature, the capacities, and the operation of the goods.

The handling accepted to determine the nature, the quality, and the functioning of the goods are:

- unpackaging without destroying or damaging the original packaging, observing the unpacking instructions (where the manufacturer indicates the handling manner) without damaging the packaging, the product or the accessories;

- the visual, tacit inspection of products;

- in the case of products which do not require the installation of consumable accessories or the connection to utilities other than electricity, only electricity supply and turning them on/off shall be allowed;

- in the case of products which require the installation of consumable accessories (e.g.: filters, cartridges etc.) or the connection to utilities other than electricity (e.g.: water, gas etc.), only electricity supply shall be allowed and the installation of consumable accessories shall not be allowed.

If a consumer exerts the right of withdrawal after using the goods to an extent exceeding the limit needed to establish the nature, the characteristics, and the operation of the goods, the consumer shall be liable for any potential reduction in the value of the goods.

Unaccepted actions leading to a reduction in the value of the returned product or to the loss of the right of withdrawal:

- use of electronic devices or of household appliances in any way other than testing by turning the device on/off;

- breaking of seals and labels;

- breaking or damaging the packaging;

- scratching, smearing, staining, impregnating the products with external substances.

The accessories (user manuals, CDs, cables etc.) found in the product box, as well as its original packaging, are an integral part of the product. Consequently, when you return a product, you are under the obligation to return it with the original packaging undamaged, protected by foil wrapping or packaged in cardboard boxes, together with all its accessories.

Any change in the condition of the products or damaging to their original packaging, which renders impossible the sale of the product as new, shall automatically lead to the application of the return procedure subject to rates incurred for bringing the products back into the state in which they were delivered. The reduction shall be applied between 10 and 90% of the product’s initial value. The reduction rate shall be communicated to the Customer upon receiving the amended products.

8. CHANGES TO THE SERVICE

The Website Owners reserve the right to temporarily or permanently amend or suspend access to the Website (in whole or only in part). In this case, the Website Owner shall not be liable to the User or to a third person for any change, suspension, or interruption of the services available through MEZE AUDIO.

9. INTELLECTUAL PROPERTY

The User expressly declares that they acknowledged the fact that all graphical creation, Website Content, and the accessed audio-video materials are the property of MEZE AUDIO. The information and the graphical elements registered by the Users, as well as the graphical signs belonging to other entities shall be excepted.

The User accepts that any software used in relation to the services provided by the Website contains confidential and proprietary information, being protected by the laws on intellectual and industrial property rights, as well as by other applicable laws.

The User commits not to reproduce, not to copy, not to sell and not to use the services, information and/or audio-video materials to which they have access as a result of using this Website, in part or in whole. The User shall be prohibited from amending, leasing, assigning, lending, selling, distributing, or creating any derived materials based on the services or products used within the Website.

Such Content cannot be downloaded, copied, reproduced, distributed, sent, broadcast, displayed, sold, licensed, or used in any other way for any other purpose, without the prior written consent of MEZE AUDIO or of MEZE AUDIO ‘s licensors (if applicable). MEZE AUDIO and its licensors reserve all rights which are not expressly granted in or on their Content.

The photographs presented on the Website, having a promotional nature and not constituting a direct marketing offer, shall be for information purposes and can contain accessories or details which are not included in the products’ standard package.

The wooden products presented for marketing may have a different design from that of the images published on the Website, having in view the fact that the structure of the wooden material may vary from one product to another.

10. LIABILITY

The User expressly declares that they accept the following conditions:

- the use of the services made available/the placement of Orders on the Website shall be on own responsibility. The Owner MEZE AUDIO shall be expressly exempted from any liability, including, without limitation, the indirect sales guarantees or the guarantees on the compliance with the specifications for a certain purpose.

The Owner MEZE AUDIO does not provide any guarantees that:

- the services meet all the Users’ requirements;

- the services will be continuous, on time, safe, or free of errors;

- the program errors will be corrected.

The User who bases their decisions, actions, or inaction on the information contained in this Website assumes full liability for any potential loss incurred;

11. LIABILITY LIMITS

The User expressly accepts the fact that the Website Owner shall not be liable for any type of direct, indirect, accidental, special damages or prejudice, including, without limitation, any prejudice due to loss of profit, possibility to use, data, or any other intangible or immeasurable loss (even though the holder was previously informed on the possibility for such loss to occur), resulting from:

- the use or the impossibility to use the services of MEZE AUDIO;

- unauthorized access to or damaging of the User’s transmissions or data;

- statement or actions of a third party on the Website services;

- any other issue related to the Website services.

12. NOTIFICATIONS AND COMMUNICATIONS

Any notifications/communications to Users shall be sent electronically, by email. The Owner MEZE AUDIO may provide notifications regarding changes to the Terms of Use or on any other matters, by displaying a general notification to the Users, on the Website.

13. FORCE MAJEURE AND UNFORESEEABLE CIRCUMSTANCES

Except for the cases where they expressly provided otherwise, neither party to a concluded Contract, which is still in progress, shall be held liable for the non-performance in due time and/or in an appropriate manner, in whole or in part, of any of the obligations incumbent based on the Contract, if the non-performance of the respective obligation was caused by a force majeure event or by unforeseeable circumstances.

The party or the legal representative of the party claiming the above-mentioned event shall notify the other party, immediately and in whole, on its occurrence, and shall take any actions available to it in view of limiting the consequences of the respective event.

The party or the legal representative of the party claiming the above-mentioned event shall be exempt from such obligation only if the event prevents them from fulfilling it.

If, within 15 days from its occurrence, the respective event does not end, each party shall have the right to notify to the other party the termination of this Contract by operation of law, without either of them being able to claim damages from the other.

The party claiming the force majeure event or the unforeseeable circumstances shall bring proof on the impossibility to fulfil its obligations, within 30 days from the date of the event.

14. DISPUTES

Any disputes regarding these Terms and Conditions, which may occur between the User, the Registered User or the Customer and MEZE AUDIO shall be settled amicably, and the parties shall make every necessary effort for this purpose.

Any disputes of any kind, which may occur between the User, the Registered User or the Customer and MEZE AUDIO or its partners, shall be settled amicably. If this is not possible, the conflict shall be settled by the competent court from the registered office of the Website Owner.

15. GOVERNING LAW

By accessing this Website, the User accepts that this Contract and any dispute related to it are governed and construed in accordance with the Romanian laws, and the User accepts to be subject to the exclusive jurisdiction of the competent Romanian courts of law.

MEZE AUDIO does not provide any guarantees that the Content of this Website is subject to the laws (including the laws on intellectual property) of other countries apart from Romania. If the User accesses this Website outside Romania, they do so at their own risk and shall be solely responsible for compliance with the laws of the country where they are.

16. FINAL PROVISIONS

The Terms of Use shall represent the agreement of the parties and they regulate the use by the User of the MEZE AUDIO services, replacing any previous agreements between the User and the Website Owner.

If, after launching the Website, additional services are implemented, made available on the Website, such services shall be subject to the same rules and conditions as those included in these clauses, if they are not provided with conditions different from these.

By accessing and entering your data on this Website, you accept the above terms and conditions, they shall have the value of a tacitly-accepted contract between the User and the Website Owner. If you do not wish to be bound by and to observe the above-described rules, please do not use the services provided by this Website.