This page contains the terms and conditions (the “Terms and Conditions”) on which we supply any of the Products (each a “Product”) listed on our website www.misbits.ro. Please read these Terms and Conditions carefully before ordering any Products. You should understand that by ordering Products on this website, you agree to be legally
For the purpose of these Terms and Conditions:
– references to “sections” are to sections of these Terms and Conditions;
– headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
– words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an – – individual, company, corporation, firm or partnership;
– references to “includes” or “including” or like words or expressions shall mean without limitation.
Unless expressly provided otherwise, the words and expressions used in these Terms and Conditions shall have the following meanings:
“Account” means the “My Account” section of the Site accessible to a Customer by using, with an identifying role, an e-mail address and a password that allows the Customer to submit and Order, save Products on a wish list, and which contains Customer’s information (e.g. name, surname, phone number, email address, billing address and/or shipping address) and Orders history.
“Business Day” means a day on which commercial banks in Romania are open for business;
“Contract” means the distant consensual understanding between you, as a Customer and us, as a Seller, without our simultaneous physical presence, in relation to the sale or purchase of one or more Products through the Site, by placing your order of a Product or Products in accordance with these Terms and Conditions, which we accept in accordance with the Placing an Order section below;
“Customer”, “You” means an individual who visits and/or places an Order on the Site;
“Order” or “Purchase Order” means the order submitted by you to Misbits to purchase a Product from Misbits through the Site;
“Product” means any goods (products) that are offered to the Customer for purchase, at cost, through the Site, including, without limitation, vinyl records, accessories and clothing;
“Seller”, “We”, “Us” or “Misbits” means Misbits S.R.L., a company incorporated under Romanian law with its corporate seat at Bucharest, No.34 Silvestru Street, Romania, registered with the Trade Register under no. J40/14782/2006, sole registration code 19023617;
“Site” or “Misbits Website” means the website www.misbits.ro and the online shop under such website;
“Specifications” means any details of the characteristics of the Products as specified in the description available on the Site.
Our Business Policy and Products
All Products available for purchase on the Site are products protected under Intellectual Properties Rights that Misbits has a full rights to sell such Products. In addition to existing/in stock Products, Misbits reserves the right to offer you any other products for which shall have license to sell.
We will take all reasonable measures to ensure the accuracy of the pricing, Products and Specifications displayed on the Site. If any details related to Specifications have been displayed inaccurately on the Site, for any reason, Misbits will inform the Customer who placed a purchase Order, by e-mail, as soon as possible.
Promotions and Coupons
Misbits may publish on the Site information about the Products and / or promotions available for a limited period of time and/or within the available stock limit. As part of such promotions, Misbits reserve the right to issue and provide the Customers, by email, certain promotional coupons.
The credit of a promotional coupon does not accrue interest nor does it have a cash value. In the event that you wish to return a Product to which you applied the promotional coupon, you will refunded the amount paid after the use of such promotional coupon, in accordance with the the procedure under the Return Policy (Right to withdraw) section of these Terms and Conditions.
You can place Orders on the Site with or without the prior registration of a Customer Account. We have created the option of registering an Account in the dedicated section of Site for your exclusive benefit, in view of granting you the opportunity to effectively manage your Orders. By registering an Account you can save Products on a wish list, view your activity history / Orders placed through the Site and automatically fill in your Customer information when placing a new Order.
In order to create an Account on the Site, you will be required to provide certain information such as: name, surname, a valid email address, a billing address and a shipping address (if different from the billing address) and a password and accept these Terms and Conditions. When creating your Account, you must provide accurate and complete information. By creating your Account, you warrant that the information provided to Misbits during the registration process is true, correct and complete.
We may edit or delete your Account at any time, as part of our virtual householder’s rights or if you request to close the Account.
You may never use another Customer’s Account without permission. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. Under no circumstances Misbits will be liable for any losses caused by any unauthorized use of your Account. You understand and undertake to notify Misbits immediately of any breach of security or unauthorized use of your Account.
We reserve the right to delete duplicate Accounts and deny the right to use their Account to any Customers who do not comply with our Terms and Conditions.
Placing an Order
In view of placing an order for the purchase of one or more Products on the Site, you must fill in the online Order form and send it electronically to Misbits, following the relevant instructions.
Our Order form, which is displayed on the first page of the Checkout, provides you with brief information regarding the essential features of each Product ordered, the price (including all applicable taxes or fees) and the shipping costs.
Before purchasing the Products, you will be asked on the Order form to carefully read these Terms and Conditions and to print or make a copy thereof for your personal records.
Orders can be placed on the Site at any time, with or without the prior registration of a Customer Account, by (a) adding the desired Products to the shopping cart and completing the purchase process or (b) contacting Misbits through the addresses listed in the “Contact” section of the Site. Irrespective of the time you place an Order, your Orders will only be processed on a Business Day, between 12 am – 6 pm.
Please note that adding a Product to the shopping cart without completing the purchase process will not be considered as valid Order nor shall conduct to a reservation of the Product. Once added to the shopping cart, a Product is available for purchase to the extent that the Product is still in stock at the completion of the purchase process.
For justified reasons (including, but not limited to, out of stock Products), we reserve the right to modify the quantity of Products under the Order or the shipping term of the Products. If this is the case, Misbits will immediately notify you of the changes by e-mail and you will be able to accept or refuse to change the Order. You refusal shall be deemed as a cancelation of the Order (please refer to the Cancelation by Customer section of these Terms and Conditions). Failure to respond within 48 hours will constitute an acceptance of such changes.
We may, at our sole discretion, refuse to accept an Order, for any reason. A Contract shall be formed and we shall be legally bound to supply the Product when we accept your Order.
An Order is accepted and the Contract is deemed to be concluded between Misbits and the Customer upon receipt by the Customer of an Order confirmation e-mail, containing the Order reference number, list of ordered Products with brief information regarding the essential features of each Product, the price and shipping term. A Contract will only relate to those Products whose dispatch we have confirmed in the Order confirmation e-mail and will be deemed to include both these Terms and Conditions and any subsequent written agreements (including by e-mail) between the Customer and Misbits as a Seller, regarding a purchase Order (including, but not limited to, any agreement between Misbits and the Customer regarding custom made Products).
We try very hard to ensure that the prices shown on the Site are accurate. The valid prices of the Products are those displayed on the Site at the completion of an Order and shall not include any shipping charges. Once you continue the purchase process for your selected Products on the Site, you will be shown the price of each Product and any applicable shipping charges, under the total amount of payment. All prices listed on the Site include all applicable taxes or fees (such as sales tax, VAT or customs duties). You will not be charged any extra fees in addition to the total amount of payment indicated at the completion of an Order .
Misbits reserves the right to change the prices at any time, and such change will replace any previously displayed prices for those Products. Any change of prices shall not affect the Orders already accepted by Misbits for which you received an Order confirmation e-mail.
By placing an Order, you expressly commit to pay the total amount of payment indicated. The detailed price of the Products under your Order and total amount of payment will be also confirmed in the Order confirmation e-mail (please refer to Placing an Order section above).
We offer payment (a) on-line by credit or debit card, in full at the time of placing an Order, through an authorized service provider or (b) directly in our store. However, we reserve the right to offer more or less than our full range of payment options. Misbits reserves the right to refuse or cancel your Order in case the external service provider does not validate the payment, irrespective of the reason.
Fiscal invoice shall be shipped by Misbits in original copy with the Products. You agree that you will receive invoices exclusively in electronic form.
Shipment and Shipping of Products
We ship our Products anywhere in the world. You will be informed of the available shipping methods and you will be able to choose one of these methods prior to the completion of an Order. Based on your choice, the shipping of the Product(s) shall be made within the maximum deadline communicated by Misbits prior to the completion of an Order [confirimi prin email sau apare cand finalizez comanda?]. Misbits will bear no liability for any delays in delivering the Product(s) that occurred due to a carrier’s fault or circumstances beyond Misbits’ control or will.
On shipping of the Product(s), you may be required to sign for delivery. You agree to inspect the Product(s) for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product(s)/delivery note for exercising your right to withdraw from the Contract in accordance with section Return Policy (Right to Withdraw) below.
All risk in the Product(s) shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product(s).
If you are not available to take delivery or collection or if delivery or collection is delayed through your unreasonable refusal to accept delivery, Misbits may, at its sole discretion:
(a) immediately cancel the Contract, in which case we will refund any amounts already paid under the applicable Contract, less our reasonable administration charges (including any costs for shipping and returning the Product(s));
(b) keep the Product(s) available for you, provided you will bear the return costs and the costs of a new shipment.
Cancelation by Misbits
We may, without any liability or charges for Misbits, cancel an Order or a Contract if (a) the Product is not available for any reason, (b) in case of insufficient funds or if fraud or an unauthorized or illegal transaction is suspected or (c) you are in any way breaching these Terms and Conditions. If this is the case, we will notify you and refund any payment that you have made, using the same method originally used by you to pay for the Product(s).
Cancelation by the Customer
If you would like to cancel an Order before shipment of the Product(s) or if you believe someone has accessed your account without your authorization, please contact Misbits immediately through the addresses listed in the “Contact” section of the Site.
Return Policy (Right to Withdraw)
In accordance with consumer protection legislation, you may return Products which have not been unsealed, purchased from the Site, without giving any reason and without any penalty or charges, other than those established under the applicable law and these Terms and Conditions, within fourteen (14) days of receiving the Products (the right to withdraw from the Contract). [OUG 34/2014]
To exercise your right of withdrawal, you must inform Misbits in writing, using the e-mail addresses listed in the “Contact” section of the Site, of your decision to withdraw from the Contract by an unequivocal statement and return the Product(s) to:
[ Misbits SRL, Fainari street, no43A, postal code: 021222 Bucharest, Romania ]
You understand and accept that the above deadline is met only if you return the Product(s) before the 14 days period has expired. Any direct costs of returning the Products will be borne Misbits.
If you withdraw from the Contract within the above withdrawal period, we shall reimburse all payments received from you, including the costs of shipping, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly requested otherwise; in any event, you will not incur any fees as a result of such reimbursement. You accept and acknowledge that we may withhold reimbursement until we have received the Product(s) back or you have supplied evidence of having sent back the Product(s), whichever is the earliest.
The return right shall be deemed correctly exercised once the following conditions have been fully met:
(a) the Products must not have been unsealed;
(b) the identification tag must still be attached to the Products;
(c) the Products must be returned, complete and unused, in their original packaging;
(d) the returned Products must be sent to the shipping agent within 14 (fourteen) days of receiving the Products;
(e) the Products must not be damaged.
You are liable for any decrease in the value of the Product(s) resulting from any use or handling other than what is necessary to establish the nature and characteristics of the Product(s). Should you decide to exercise your right to return purchased products, Misbits has the right to not accept returned Products or to not fully refund the amounts paid for purchased Products that have been altered from their original status or damaged (provided that received faulty, damaged or defective Products shall be subject to the relevant section of these Terms and Conditions).
In the event that the checks do not have a positive outcome, Misbits takes all necessary steps to inform you, via e-mail, that a decrease in value of the returned Products has been detected, deriving from your failure to comply with the conditions indicated in this section Return Policy (Right to Withdraw) and the amount corresponding to such decrease in value.
In the event that your return does not comply with the terms and conditions set out in this section, you will not be entitled to any refund of sums already paid to Misbits; nevertheless, you shall be entitled, at your own expense, to receive the Products in the conditions in which they were sent back to Misbits.
Faulty, Damaged or Defective Products
We try very hard to deliver Products in excellent condition. It is our policy is to replace or provide a refund for any faulty, damaged or defective Products, provided that you promptly (but not later than 2 days after receiving the Product(s)) provide us with (a) all reasonable details regarding the way in which it is alleged that the Product is damaged or defective, (b) a copy of the receipt of the delivered Product(s)/delivery note and (c) any such other information as we may reasonably require.
No replacement or refund shall be made in case the Product has, after delivery by us: (a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions or (b) been dealt with or used contrary to our instructions of use for the Product and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE ANY SERVICES PROVIDED ON THE SITE IS AT YOUR SOLE RISK. ALL PRODUCTS PROVIDED VIA THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Circumstances beyond our control
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract due to any cause beyond our reasonable control or will, including without limitation any act of God, actions of third parties (including without limitation hackers, suppliers, national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract forthwith by written notice to the other in case the event of force majeure lasts for a period of 14 (fourteen) Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid and not delivered).
Limitation of Liability
To the maximum extent permitted by applicable law, Misbits, its officers, directors, employees, agents, or suppliers shall in no event be liable under contract, tort, strict liability, negligence (including gross negligence) or any other legal theory with respect to the Products or the Site:
(a) for any loss of revenue, loss of profits, loss of, damage to or corruption data, loss of clientele, loss of opportunities, loss of anticipated savings, damages to reputation or goodwill, damages caused by interruption of business or any other special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), even if Misbits knew or should have known of the possibility of such damages,
(b) for any errors, omissions, or inaccuracies in any content or materials or for any loss or damage of any kind incurred as a result of the use (directly or through its designated users) of any content, materials posted or otherwise made available at or through the Site; we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site;
(c) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination),
(d) for damages and losses due to the operation of third party products and services, such as Internet service providers; we exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
We do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these Terms and Conditions. In any case, Misbits’ total liability under any Contract shall in no circumstances exceed, in aggregate, a sum equal to the value of the relevant Contract under which the cause of action arises.
Nothing in the Agreement and in particular within this Limitation of Liability section shall attempt to exclude liability that cannot be excluded or limited under applicable law such as in case of willful misconduct or fraud by Misbits.
This section prevails over all other clauses and sets forth our entire liability in or for breach of a Contract, breach of duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and Conditions, including, without limitation, liability expressly provided for under these Terms and Conditions or arising by reason of the invalidity or unenforceability of any term of these Terms and Conditions, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract (or any part of it or them).
Use of the Site
Access to the Site for placement of an Order is allowed to any potential Customer acting for a legitimate purpose and intending to purchase one or more Products in accordance with these Terms and Conditions, whether as a guest or a registered user (owner of a Customer Account).
The misuse of the Site or of any accessible information outside its intended use on our platform is strictly forbidden. It will be considered misuse an abusive use or any use of the Site in a manner that is inconsistent with the fair trade practice, applicable law, or in any way that would otherwise prejudice Misbits or its partners.
We reserve the right to refuse access to some or all of the Site’s functions and to restrict the processing and /or delivery of an Order if, in our reasonable opinion, we suspect any fraud, you have a conduct that may prejudice Misbits’ interests or if you misuse the Site.
We may change or update the Site and anything described in it without notice.
Whilst we endeavor to ensure that information and materials on the Site are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions.
Trade names, trademarks, copyrights and any other intellectual property rights registered or in the course of registration relating to Products owned or used by Misbits or the Site and any content design, documentation and other features and parts related thereto are and will remain the exclusive property of Misbits or, as the case may be, Misbits licensors. The Customer will have no right or claim whatsoever.
No part of the Site and no content (including Product pictures and photos, Product descriptions, content translation, titles, meta tags, design and software) may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, retouched, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Misbits’ express prior written consent.
All contents and pictures of the Website are copyrighted. All rights reserved. All other trademarks, product names, company names and logos appearing on our websites are the property of their respective owners.
We are aware that the security of your private information is an important concern. The protection of your personal data is highly important for us, data protection and the protection of your personal privacy being a priority for our business.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.
Acceptance and Acknowledgment
If you have any questions, comments, suggestions or concerns regarding the Site, the Products, the Contract or the processing of your personal data, you can contact Misbits through the following contact details:
+40751 391 510
Fainari str, 43 A, Bucharest, Romania