1. DEFINITIONS AND TERMS

Seller – EXPRESS DIESEL SRL, headquartered in Bucharest, Sector 5, Soseaua Alexandriei no. 199F, Postal Code 051529, registered with the Bucharest Trade Registry under no. J40/1943/2000, Tax Identification Code RO12734370, bank account RO22 UGBI 0000 6520 0020 1RON opened at Garanti Bank – Rahova Branch, tel: 0214200433 / 0214200269 / 0214200364, e-mail: office@expressdiesel.ro, website: www.expressdiesel.ro.

Buyer/User – any natural person over the age of 16, or any legal entity or other legal organization, that places an Order or creates an Account on the Site and has agreed to the Site-specific clauses found in the General Terms and Conditions section.

Goods and Services – any product or service listed on the Site, including those mentioned in the Order, to be supplied by the Seller to the Buyer as a result of the concluded Contract.

Core/Old Part in Exchange – the old product handed over in exchange for the purchased product, which must meet the following conditions to be accepted:

1. it must be identical to the new part and match the article code;
2. it must not show signs of impact and must not be broken, cracked, split, deformed, bent, stretched, corroded, rusted, burnt, or have damaged threads;
3. it must not be disassembled or missing components (incomplete);
4. connectors or plugs must not be cut or damaged;
5. the old part must be returned in the original packaging of the purchased part.

Order – an electronic document that serves as a means of communication between the Seller and the Buyer through which the Buyer, via the Site, communicates their intention to purchase Goods and Services from the Site.

Commercial Communications – any type of message sent (such as email/SMS/phone/mobile push/web push/etc.) containing general and thematic information, information about products similar or complementary to those you have purchased, information about offers or promotions, information regarding Goods and Services added to the “Account/My Cart” section.

Account – the section of the Site consisting of an email address and a password that allows the Buyer to place Orders and contains information about the Buyer and their history on the Site (Orders, tax invoices, etc.). The User is responsible for ensuring that all information entered when creating the Account is correct, complete, and up to date.

Contract – the distance contract concluded between the Seller and the Buyer without the simultaneous physical presence of the Seller and the Buyer.

Content – means:

• all information on the Site that can be visited, viewed, or otherwise accessed by using an electronic device;
• the content of any email sent to Buyers by the Seller electronically and/or by any other available means of communication;
• any information communicated by any means by an employee/collaborator of the Seller to the Buyer, according to the contact details provided (or not) by the latter;
• information related to the Goods and/or Services and/or the prices applied by the Seller during a certain period;
• information related to the Goods and/or Services and/or the prices applied by a third party with whom the Seller has partnership agreements during a certain period;
• data referring to the Seller or other privileged data thereof.

My Cart – the section within the Account that allows the Buyer/User to add Goods or Services they wish to purchase either at the time of adding or at a later time.

Document – these Terms and Conditions.

Site – the online store hosted at the web address expressdiesel.ro and its subdomains.

Specifications – all specifications and/or descriptions of the Goods and Services as stated in their descriptions.

Core Charge – the value of the core/old part in exchange invoiced and paid together with the purchased product.

Transaction – the collection or refund of an amount resulting from the sale of a Good and/or Service by the Seller to the Buyer using the services of the card processor agreed by the Seller, regardless of the delivery method.

2. CONTRACTUAL DOCUMENTS

2.1. By registering an Order on the Site, the Buyer agrees to the means of communication (by phone or email) through which the Seller conducts its commercial operations.

2.2. The notification received by the Buyer after placing the Order is for information purposes and does not constitute acceptance of the Order. This notification is made electronically (email) or by phone.

2.3. For justified reasons, the Seller reserves the right to modify the quantity of Goods and/or Services in the Order. If the quantity of Goods and/or Services in the Order is modified, the Seller will notify the Buyer at the email address or telephone number provided when placing the Order and will refund any amount paid.

2.4. The Contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via email and/or SMS, the shipment notification of the Order.

2.5. For Orders to be picked up at the Seller’s pickup point, the prices and reservations of the Goods and/or Services are valid for 48 (forty-eight) hours from the time the Order is registered by the Buyer.

2.6. The Document and the information made available by the Seller on the Site form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or one of its suppliers for the Goods purchased.

3. ONLINE SALES POLICY

3.1. Access for placing an Order is permitted to any User/Buyer.

For justified reasons, the Seller reserves the right to restrict the User’s/Buyer’s access to placing an Order and/or to certain accepted payment methods if, based on the User’s/Buyer’s conduct or activity on the Site, their actions could in any way prejudice the Seller. In any such case, the User/Buyer may contact the Seller’s Customer Relations Department to be informed of the reasons that led to the aforementioned measures.

3.2. Communication with the Seller can be done through direct interaction or via the addresses listed in the “contact” section of the Site. The Seller is free to manage the information received without having to provide justification.

3.3. In the case of unusually high traffic originating from an internet network, the Seller reserves the right to request Users/Buyers to manually enter captcha validation codes to protect the information on the Site.

3.4. The Seller may publish on the Site information about Goods and/or Services and/or promotions practiced during a certain period and within the limits of available stock.

3.5. All prices related to the Goods and/or Services presented on the Site are expressed in lei (RON) and include VAT.

3.6. In the case of online payments, the Seller is not and cannot be held responsible for any additional costs borne by the Buyer, including but not limited to currency conversion fees applied by the issuer of the Buyer’s card if the card’s currency differs from RON. Responsibility for this action lies solely with the Buyer.

3.7. All information used to describe the Goods and/or Services available on the Site (static/dynamic images, multimedia presentations, etc.) does not constitute a contractual obligation of the Seller and is used exclusively for presentation purposes.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

4.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, trademarks, static images, dynamic images, text, and/or multimedia content presented on the Site, is the exclusive property of the Seller, all rights being reserved directly or indirectly (through usage and/or publication licenses).

4.2. The 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 the original one intended by the Seller, include any Content outside the Site, remove markings indicating the Seller’s copyright over the Content, nor to participate in the transfer, sale, or distribution of materials created by reproducing, modifying, or displaying the Content, except with the Seller’s express written consent.

4.3. Any use of the Content for purposes other than those expressly permitted by this Document or the accompanying usage agreement (where applicable) is prohibited.

5. ORDER

5.1. The Buyer/User may place Orders on the Site by adding the desired Goods and/or Services to the shopping cart, then completing the Order by paying through one of the expressly indicated methods. Once added to the shopping cart, a Good and/or Service is available for purchase as long as stock is available. Adding a Good/Service to the shopping cart, without completing the Order, does not entail the registration of an order nor the automatic reservation of the Good/Service.

5.2. By completing the Order, the Buyer confirms that all data provided and necessary for the purchase process are correct, complete, and true at the date the Order is placed.

5.3. By completing the Order, the Buyer agrees that the Seller may contact them, by any means available/approved by the Seller, in any situation where it is necessary to contact the Buyer.

5.4. The Seller may cancel the Order placed by the Buyer, after prior notice to the Buyer, without any further obligation of either party to the other and without any party having the right to claim damages, in the following cases:

5.4.1. non-acceptance of the Buyer’s card transaction by the issuing bank, in case of online payment;

5.4.2. invalidation of the transaction by the card processor agreed by the Seller, in case of online payment;

5.4.3. the data provided by the Buyer/User on the Site are incomplete and/or incorrect;

6. PRODUCT RETURNS

6.1. According to GEO no. 34/2014, the Buyer has the right to withdraw from the Contract, i.e., to return a Good or renounce a Service, within 14 calendar days, without invoking any reason and without incurring costs other than delivery costs.

Under the legislation in force, the right of withdrawal applies only to consumer (natural person) clients.
The right of withdrawal may be exercised only for products delivered by courier. The returned product must be in the same condition as delivered, in the original packaging with all accessories, with the labels intact, and accompanying documents.

6.2. If the Buyer decides to withdraw from the Contract, they may request withdrawal by completing the online contact form with the subject “return request” available on the Seller’s page.

6.3. If the Client/Buyer requests withdrawal from the Contract within the legal withdrawal period, any gifts that accompanied the product must also be returned. If the Order has been paid, the Seller will refund the amount within a maximum of 14 (fourteen) days from receipt of the returned products.

The amount will be refunded as follows:

6.3.1. for Orders paid by card online → by refund to the account from which the payment was made;

6.3.2. for Orders paid in Cash/Bank transfer → by bank transfer;

6.4. If a Good and/or Service ordered by the Buyer cannot be delivered by the Seller, the Seller will inform the Client/Buyer of this and will return to the Buyer’s account the value of the Good and/or Service within a maximum of 7 (seven) days from the date the Seller became aware of this fact or from the date the Buyer expressly expressed their intention to terminate the Contract.

7. GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL IS NOT ENSURED

7.1. The following are exempt from the right of withdrawal from the Contract:

7.1.1. provision of services, after receipt of aggregates in service or full performance of the services;

7.1.2. products that show signs of installation, intervention, impact, deformation, painting, or welding;

7.1.3. products without the original packaging in which they were delivered;

7.1.4. products with damaged packaging or without identifying elements;

7.1.5. products lacking original accessories and components.

8. CONFIDENTIALITY

8.1. The Seller will maintain the confidentiality of any information you provide. Disclosure of the information provided will be made only under the conditions mentioned in this Document.

8.2. The Buyer/User shall not make any public statement, promotion, press release, or any other disclosure to third parties regarding the Order/Contract without the prior written consent of the Seller.

8.3. By transmitting information or materials via this Site, you grant the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit, and distribute these materials or information. You also agree that the Seller may freely use, for its own interest, the information, ideas, concepts, know-how, or techniques you send us through the Site. The Seller will not be subject to obligations regarding the confidentiality of the submitted information unless the legislation in force provides otherwise.

9. COMMERCIAL COMMUNICATIONS

9.1. The Buyer/User may change at any time their option regarding the consent given to the Seller for Commercial Communications containing general and thematic information, including information about offers or promotions, by contacting the Seller via the contact form or email.

9.2. By adding Goods or Services in the “My Cart” section of the Account, the Seller will send the Buyer/User Commercial Communications regarding order registration, its status, and the shipping deadline.

10. INVOICING – PAYMENT

10.1. The prices of Goods and Services displayed on the website www.expressdiesel.ro include VAT in accordance with current legislation.

10.2. The price, payment method, and payment term are specified in each Order. The Seller will issue to the Buyer an invoice for the Goods and Services delivered, and the Buyer is obliged to provide all necessary information for issuing the invoice in accordance with the legislation in force. The payment methods can be found in the section www.expressdiesel.ro/modalitati-de-plata/

10.3. The Seller will send the Buyer the invoice for the Order containing Goods and/or Services sold by the Seller, as well as any other payments related to the Order, by including the invoice in the Buyer’s parcel.

10.4. For correct communication of the invoice related to the Order, the Buyer must update, whenever necessary, the data in their Account and access the information and documents related to each Order available in the Account.

10.5. If this information is unavailable in the Account for more than 48 (forty-eight) hours, please notify us at: office@expressdiesel.ro.

11. DELIVERY OF GOODS

11.1. The delivery conditions for the Goods and Services sold by the Seller can be found in the section https://expressdiesel.ro/livrarea-comenzilor/

11.2. The Seller will ensure proper packaging of the Goods and the transmission of accompanying documents.

12. WARRANTIES

12.1. All Goods sold by the Seller benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers: https://expressdiesel.ro/garantie/

12.2. By agreement, the warranty period for parts is 12 months from purchase.

12.3. For Goods sold and delivered by the Seller, warranty certificates are issued directly by the manufacturer.

12.4. The absence of the Good’s warranty certificate must be reported within a maximum of 48 (forty-eight) hours from receipt of the Good at office@expressdiesel.ro. Any subsequent notification will not be considered.

12.5. The warranty covers any material defect or manufacturing flaw that may occur within the legal warranty period.

12.6. Unless otherwise specified, parts are warranted by the manufacturer for a period in accordance with Romanian legislation in force or in accordance with the specifications of the vehicle manufacturer.

12.7. Defects not covered by warranty include those due to:

• improper use or handling,
• incorrect or unprofessional installation without following the instructions provided by the equipment manufacturer or the vehicle manufacturer,
• installation together with worn, defective, or modified related parts.

12.8. Cases strictly excluded from warranty are those where abnormal wear of parts is found due to poor-quality fuels, inferior-quality filtering elements or filters not replaced at the interval prescribed by the equipment manufacturer, or due to improper operation, overloading, improper or insufficient maintenance of the vehicle, failure to carry out periodic servicing according to the vehicle manufacturer’s recommendations, or where the specialized workshop that performed the installation did not perform the subsequent checks and adjustments as per the installation technology or as required by the manufacturer.

Cases where defects result from using parts in areas other than those intended by the manufacturer are also excluded from warranty.

12.9. Intervention by unauthorized personnel on BOSCH elements, assemblies, or subassemblies implies loss of the right to warranty.

12.10. The following do not constitute cases for warranty either:

• the part was not correctly identified by the buyer or was not compared at installation with the part to be replaced;
• the vehicle was involved in an accident or was subjected to external factors, acts of nature or other causes;
• the parts show signs of impact, bending, deformation, breakage, etc.

12.11. Warranty is granted only if the parts were installed in a workshop authorized by RAR (Romanian Auto Registry) for the type of work performed, the warranty certificate is correctly and fully completed by the installing workshop at the date of installation, and all recommendations have been followed.

12.12. The consumer must inform the Seller of any defect found during the warranty period. If a part cannot be replaced or repaired, its value will be refunded.

12.13. During the warranty period, defective products due to causes not attributable to the consumer will be repaired or replaced under warranty.

12.14. The product claimed defective during the warranty period must be presented directly to the Seller together with the following documents:

• Complaint form;
• Purchase invoice issued by S.C. EXPRESS DIESEL S.R.L. (copy);
• The warranty certificate issued at sale, completed on the installation date by the installing service (original);
• Proof that installation was performed in a repair workshop authorized by the Romanian Auto Registry (R.A.R.) for the type of work performed (tax invoice and installation estimate, copies) and that the installation instructions were followed (details below);
• The document issued by the RAR-authorized repair workshop stating the defect and explaining its causes, including the tester/diagnostic report;
• Copy of the RAR technical authorization of the repair workshop where the installation was performed;
• Copy of the vehicle registration certificate concerned.

12.15. The remedy period for warranty is 15 calendar days, starting from the date the defective product, accompanied by the warranty request and related documents, is actually received by the Seller.

12.16. If additional checks are needed and the product must be sent to the manufacturer, the resolution period may be up to 30 working days from the date of receiving the client’s consent to send the defective product to the manufacturer’s factory.

13. TRANSFER OF OWNERSHIP OF GOODS

13.1. Ownership of the Goods will transfer upon delivery after payment by the Buyer at the location indicated in the Order (delivery meaning the signing of the transport document provided by the courier, or signing on the invoice in case of pickup from the Seller’s pickup point).

14. CORE/OLD PART IN EXCHANGE

14.1. Products sold with an old part in exchange involve a core charge that will be invoiced and paid together with the purchased product.

14.2. The deadline for handing over the core/old part in exchange is 15 calendar days from the invoicing date.

14.3. The core/old part in exchange must meet the manufacturer’s acceptance conditions.

The manufacturer’s acceptance conditions for the old part are:

• it must be identical to the new part and match the article code;
• it must not show signs of impact and must not be broken, cracked, split, deformed, bent, stretched, corroded, rusted, burnt, or have damaged threads;
• it must not be disassembled or missing components (incomplete);
• connectors or plugs must not be cut or damaged;
• the old part must be returned in the original packaging of the purchased part.

14.4. The response time for the acceptance of the old part in exchange can be up to 5 working days from its receipt by the Seller.

14.5. If the core/old part in exchange meets the conditions imposed by the manufacturer and is accepted, the Seller will issue a return invoice for the value of the old part in exchange, and the value of the core charge will be refunded to the Buyer’s bank account within 5 working days.

15. LIABILITY

15.1. The Seller cannot be held liable for any damages of any kind that the Buyer or any third party may suffer as a result of the Seller fulfilling any of its obligations under the Order, and for damages resulting from the use of the Goods and Services after delivery, especially for their loss.

15.2. By creating and using the Account, the User/Buyer is responsible for maintaining the confidentiality of Account data (username and password) and for managing access to the Account and, to the extent permitted by law, is responsible for the activity carried out through their Account.

15.3. By creating the Account and/or using the Content and/or placing Orders, the User/Buyer expressly and unequivocally accepts the Site’s Terms and Conditions in their latest updated version communicated within the Site, existing at the date of Account creation and/or use of the content and/or at the date of placing the Order.

15.4. The Seller reserves the right to update and modify the Site’s Terms and Conditions periodically to reflect any changes in the way the Site operates or any changes in legal requirements. The Document is binding on Users/Buyers from the moment it is displayed on the Site. In the event of any such changes, we will display on the Site the amended version of the Document; therefore, please check this Document periodically.

16. PROCESSING OF PERSONAL DATA

16.1. Please review https://expressdiesel.ro/gdpr/privacy-policy/ regarding the processing of personal data, which forms part of this Document.

17. USE OF COOKIES

16.1. See https://expressdiesel.ro/politica-de-cookie/, which forms part of this Document.

18. FORCE MAJEURE

18.1. Neither party shall be liable for failure to fulfill its contractual obligations if such failure, in whole or in part, on time and/or properly, is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties that cannot be avoided.

18.2. If within 15 (fifteen) days from its occurrence the respective event does not cease, each party has the right to notify the other party of the termination of the contract by operation of law, without either party being entitled to claim damages.

19. APPLICABLE LAW – JURISDICTION

19.1. This contract is subject to Romanian law. Any disputes arising between the Seller and Users/Buyers shall be resolved amicably or, if this is not possible, the disputes shall be settled by the competent Romanian courts in the Municipality of Bucharest.