General conditions for online purchases
APPLICATION OF THE GENERAL CONDITIONS
1.1 These general conditions for online purchases (“General Conditions”) regulate all relations between the company Commercee Corp, registered at the National Registration Center with unique identification number (NIPT) L11518009H, with headquarters at Hasan Alla Street No. 11, Tirana (“Commercee Corp” or “We”), and customers who wish to place orders through the websites (“Customers” or “You”).
1.2 By placing orders and making purchases electronically through the website, you accept without reservation all General Terms and Conditions.
1.3 These General Terms and Conditions apply to all sales via the Commercee Corp website, whether the products are delivered to the address specified by the Customer, or whether they are picked up at Commercee Corp’s premises located at its registered office.
1.4 Commercee Corp reserves the right to change and update the General Terms and Conditions at any time. The amended/updated General Conditions will be published on the website of Commercee Corp. These changes will not apply to orders placed prior to the date of publication.
1.5 For specific products, Commercee Corp may provide special conditions, which will apply in addition to these General Conditions. Special conditions will be defined and published with the offer of the relevant products.
1.6 Commercee Corp is not responsible for any computer viruses that the website may have. The customer undertakes to use the appropriate equipment and programs to protect themselves from external attacks (viruses, various sites, etc.) to make purchases electronically.
1.7 Commercee Corp may decide at any time to suspend, change or terminate the provision of products electronically due to maintenance work, to update or improve the site or for any other reason.
1.8 Commercee Corp may terminate the provision of e-shopping or your access to its site due to your breach of these Terms and Conditions, or for any reason.
2.1 Customers are informed about the main characteristics of the products on the website of Commercee Corp. Any information related to the description of the products, their characteristics and the prices placed on the Commercee Corp website is true, clear and accurate. However, the Customers have the obligation to familiarize themselves with the method of use or any other information that accompanies the delivered products or placed on the product or on its packaging, such as instructions for use.
2.2 The Internet offers a different shopping experience than in-store shopping. The customer must be aware of the product colors, sizes and shapes of each product. Photos illustrating the products, in support of the text, are not included in the contractual relationship between Commercee Corp and the Customer. Commercee Corp assumes no responsibility in the event of any error in product illustration.
2.3 Commercee Corp does not guarantee the availability of any product published on the website. The availability of the products corresponds to the availability in the warehouse in the state of the previous working day of the hypermarket. In case of unavailability of the product, Commercee Corp undertakes to inform the Customer as soon as possible by any suitable means of communication.
2.4 Commercee Corp has the right to stop the electronic sale of some or all products, temporarily or permanently with or without notice.
3.1 To make purchases electronically, the Customer must be over 18 years of age and of full legal capacity.
3.2 The customer places the order through the procedure described on the website and confirms the detailed summary of the order, which contains data on the product ordered, the total price of the product, which also includes the cost of delivery of the product.
3.3 To complete the order, the Customer is obliged to provide true and correct data, mandatory for his identification.
3.4 When placing the first order and/or during its registration on the Commercee Corp website, the Customer must provide his first name, last name, email address, as well as his password.
3.5 The password is personal and must be kept secret by the Customer.
3.6 For each visit to the website, the Client will have access to his personal data in the Client’s area, or in case he will place an order, the Client must be identified in advance through the username and password, taking into account that the password is not used to make payments.
3.7 Information recorded by Commercee Corp’s system serves as evidence of communications, orders and payments made between Commercee Corp and Customers. The verification of the Customer’s data and the provision by him of the bank card number constitute a signature and express acceptance of all transactions carried out on the website of Commercee Corp.
3.8 Commercee Corp is not responsible for the malfunction of the website, which may delay or prevent the completion of orders electronically, due to events beyond the reasonable control of Commercee Corp, such as force majeure events.
4.1 The prices set out on the Commercee Corp website are net prices including VAT. The prices specified for the products do not include the shipping costs that are the responsibility of the Customer who chooses to deliver the products to the address specified by him.
4.2 In the event of a written error regarding the prices of one or several products, Commercee Corp will notify the Customer of the error and cancel the order of the relevant product or products.
4.3 Commercee Corp has the right to change prices at any time.
4.4 For each delivery, a corresponding invoice is created which serves, if applicable, as a purchase guarantee and must be received by the Customer.
5.1 These provisions apply only if the Customer chooses to send the purchased products electronically to the Customer’s address.
5.2 Delivery costs include order handling costs and shipping costs.
5.3 The shipping costs of the products will be determined depending on the total weight of the order, the size of the products and the location of the Customer.
5.4 For the delivery of products outside the territory of Albania, special conditions will be applied or with additional costs, for which the Customer will be informed through the Commercee Corp website during the order or before sending the order.
5.5 Shipping costs for products are determined when placing an order on the Commercee Corp. website.
5.6 Order handling costs are fixed and include the costs of order preparation, packaging, relevant packaging and insurance that guarantees regular delivery to the Customer’s address.
5.7 The customer acknowledges that he is fully informed about the payment of delivery costs (handling and transport) which are added to the price of the products ordered.
6.1 After placing the order, Commercee Corp confirms receipt of the order to the customer by assigning an order number. The customer will receive an email that confirms the purchase electronically and contains information on the product, quantity, price and order number.
6.2 The Customer’s order will be considered accepted only after its confirmation by Commercee Corp. The confirmation date appears in the email sent to the Customer.
6.3 For special orders, Commercee Corp has the right to request additional information from the Customer. In this case, the Customer is notified via an email of the documents he must send to receive the final confirmation of his order. Commercee Corp reserves the right to cancel an order in the event that the Customer does not provide the required documents or information, or in the event that it is deemed that these documents are not adequate.
6.4 The Customer’s order may be canceled by Commercee Corp for any reason, especially in the absence of mandatory information for the delivery of the order. Commercee Corp informs the Customer accordingly.
7.1 The price of the products and the shipping costs will be paid by the Customer at the time of placing the order electronically on the website.
7.2 The customer can make the payment with:
Bank debit or credit card (Visa Card/MasterCard).
Payment to the bank account
Pay in Lek in hand when you receive the order
7.3 In the event that Commercee Corp is unable to fulfill part of the Customer’s order, the Customer’s payment will be deducted from the price of the undelivered products and the relevant shipping costs.
7.4 When making a payment, the Customer is automatically connected to the payment server, part of the control system of the bank’s data processing center.
7.5 The Customer’s banking data, protected by encryption, does not pass through Commercee Corp’s electronic systems and is not stored in Commercee Corp’s electronic systems.
DELIVERY OF PRODUCTS
8.1 Delivery of the products will be carried out within 7 days from the day following the confirmation of the order by Commercee Corp. In any case, this term is given for reference only and subject to the availability of the products in Commercee Corp.’s warehouse. The carrier will contact you by phone or e-mail within the above deadline to set a schedule for the delivery of the ordered products.
8.2 Delivery of products can only be carried out in the territory of the Republic of Albania, the Republic of Kosovo, the Republic of Montenegro and the Republic of Macedonia. The delivery deadline may be extended depending on the Customer’s location, but in any case it will not be more than 30 (thirty) calendar days, from the day following the confirmation of the order.
8.3 In the event that the postponement of the delivery deadline is foreseen, Commercee Corp undertakes to inform the Customer as soon as possible and by any means of communication so that the latter can choose whether to keep the order or cancel it completely or partially.
8.4 Commercee Corp is not responsible for the consequences of events that are beyond its reasonable control, such as force majeure or carrier-dependent events, which would delay or prevent the delivery of the products ordered.
8.5 Delays in the delivery of products or non-fulfillment of the order cannot result in the compensation of the Customer or its suppliers.
8.6 Commercee Corp through the carrier will deliver the products ordered to the address specified by the Customer, at the nearest point accessible by vehicle and does not undertake the unloading of the products.
8.7 Delivery of the Products does not include assembly or commissioning of the Products.
9.1 The customer undertakes to take delivery of the products on his own behalf or on behalf of the person on whose behalf the order was placed, at the address specified by him when placing the order.
9.2 During the delivery, the Customer or the authorized person must prove his identity, and the confirmation of the order sent which contains the order number, as well as the authorization in case of withdrawal by a third person.
9.3 During the inspection of the delivered products, if the Customer notices that the packaging or packaging of the products is damaged, the products are missing or damaged, the Customer must describe all observations in writing in the act of receipt, and obtain the carrier’s signature , and will save a copy of the document. These remarks must be clear (determination of damages) in order to be considered by Commercee Corp for product replacement.
9.4 ATTENTION: In case of damage to the packaging or packaging during transport, the Customer undertakes to refuse delivery of the damaged products, specifying the reason for the refusal in the act of delivery.
9.5 By signing the act of delivery without any remarks, and by accepting the products, the Customer accepts that the products have been delivered to him in good condition. From this moment, the Customer cannot request any return or replacement of the delivered products.
9.6 In case of remarks regarding the delivery of damaged products or not in accordance with the quality or quantity ordered, the Customer undertakes to notify Commercee Corp in writing, specifying the order number, at the address: Commercee Corp Sh.p.k. Rruga Hasan Alla, No. 11 Tirana or by e-mail: firstname.lastname@example.org, Tel. +355 68 40 85 470
9.7 Commercee Corp will resend the correct order within 7 (seven) days of receiving the above notification.
9.8 In case the product you ordered is no longer available, Commercee Corp will refund the purchase price within 14 (fourteen) days.
9.9 In the event that Commercee Corp or its carrier is unable to deliver the products due to the Customer’s fault, such as non-compliance with the set schedule for product delivery, non-communication of special access conditions, the Customer loses the right to a refund of shipping costs. The costs of returning the product will also be deducted from the product price refund. If the Customer wants another shipment, he is obliged to pay the shipping costs again in advance.
9.10 For the delivery of large products, specific means of transport are needed. These products will be delivered to the Customer at the nearest point accessible by vehicle near his residence and under normal access conditions for 10 ton truck-type transport vehicles. The Customer ensures that the road access infrastructure to the address specified by the Customer allows the passage of 10 ton truck transport vehicles.
9.12 In the event that access to the Customer’s premises does not comply with these conditions, the Customer must notify Commercee Corp and provide details of the access problems to its premises at the time of placing the order, so that the most suitable solution can be found suitable for delivery of products.
CANCELLATION OF THE ORDER
10.1 The customer has the right to cancel his order, in case of non-fulfillment by Commercee Corp of the delivery deadline provided in Point 8 above, by notifying Commercee Corp Customer Service in writing at the address: Commercee Corp Shpk., Rruga Hasan Alla No. 11, Tirana or by e-mail: email@example.com.
10.2 The request for cancellation will be considered by Commercee Corp only if the preparation, dispatch or delivery of the ordered products has not taken place between the date of dispatch and receipt of the request.
10.3 In the above cases of cancellation, the Customer will be reimbursed for the payment made within a period of 14 (fourteen) days from the receipt of the written request by Commercee Corp.
10.4 Commercee Corp has the right to cancel the Customer’s order in case the infrastructure of the Customer’s place of residence, where the delivery of the products will be carried out, does not physically allow the access of the means of transport or the unloading of the products. In this case, Commercee Corp will proceed with a refund of the price of the product, less the costs of shipping to and from.
WITHDRAWAL FROM THE CONTRACT – RETURN OF PRODUCTS
11.1 Pursuant to Article 37 of Law 9902, dated 17.04.2008 “On Consumer Protection”, the Customer has the right to withdraw from the contract without penalty and without giving reasons, within a period of 14 calendar days from the date of delivery of the products ordered.
11.2 The product must be returned to the address specified by Commercee Corp, with its packaging and packaging, unused and accompanied by all accessories, instructions for use, documents proving the electronic purchase as well as the return authorization form completed.
11.3 Products returned that are missing, damaged, used or soiled cannot be accepted by Commercee Corp.
11.4 The customer will be refunded the price of the product. The costs of returning the returned product are borne by the Customer. The refund will be made through payment to the customer’s bank account.
11.5 Promotional products and custom products cannot be returned by the Customer under any circumstances.
Commercee Corp has at its disposal the technical means for processing the data of potential customers and distance or electronic purchases, and in this context collects and processes personal data, according to Law 9887, dated 10.03.2008 “On the Protection of of Personal Data”.
The protection of privacy and personal data is very important for Commercee Corp, where it is committed to implement with all its potential the legal framework for their protection and respect, especially Law 9887, dated 10.03.2008 “On the Protection of Personal Data” as and relevant by-laws.
In the framework of the collection and processing of personal data, Commercee Corp has implemented all the mandatory preliminary formalities with the Commissioner for the Protection of Personal Data.
The main reason for the use of personal data is to ensure the regular delivery of orders placed through the site, to improve the quality of service, to transmit information about orders or offers of Commercee Corp that may be of interest to the Customer and that may respond as best as possible to his expectations. Commercee Corp obtains the Customer’s prior consent regarding the communication of offers or promotions to the Customer’s personal phone number. The customer has the right at any time and free of charge to reject the communication of promotional offers from Commercee Corp.
Personal data is stored by Commercee Corp for the use of the service and can be communicated to commerce partners of Commercee Corp, only with the prior approval of the Customer. Commercee Corp reserves the right to transfer data only to its subcontractors, who may be located outside Albania, in accordance with the provisions of the legislation in force for the transfer of personal data, and enters into contractual relations with these subcontractors for the provision and receipt of all security measures for the protection of personal data and maintaining their confidentiality.
Commercee Corp will retain the personal data of the Customer who visit and transact on the Commercee Corp website for a period of two years from the date of the Customer’s last visit to the Commercee Corp website, except in case of dispute between the Customer and Commercee Corp in relation to transactions carried out, in which case this retention period may be extended.
Personal data is protected through the password you use to make purchases online. The customer undertakes to keep this password confidential at all times.
If the Customer thinks or suspects that his account is at risk, Commercee Corp must be notified immediately.
In accordance with the legal framework, the Client has the right to access, correct, delete his personal data or object to their processing. The customer can exercise these rights at any time by contacting Commercee Corp in writing at the address: Commercee Corp Sh. ARruga Hasan Alla, no. 11, Tirana or by e-mail: firstname.lastname@example.org
TRANSFER OF OWNERSHIP
13.1 Commercee Corp reserves the right of ownership over the delivered products until full payment of the price has been made by the Customer (transfer of funds to Commercee Corp’s bank account).
14.1 After-sales services will be provided only for those products for which a warranty is provided, when such a thing is specified in the product description when placing the order by the Customer.
14.2 If you have any questions, complaints or comments about these General Terms or your online purchase on the Commercee Corp website, please contact us at:
Commerce Corp. 11 Hasan Alla Street, Tirana; Phone: +355 68 40 85 470; E-mail: email@example.com
INTELLECTUAL PROPERTY RIGHTS
15.1 This website is the official website of Commercee Corp. All elements used on this site, including visual or audio elements, including the underlying technology, are protected by copyright, trademark or patent. They are exclusively owned by Commerce Corp.
15.2 This site is used subject to the general terms and conditions expressly set out herein. The customer has the right to use this site only for his personal use and any copying, unauthorized use of the elements used on this site is prohibited.
15.3 The customer is forbidden to use hypertext links that send to the website of Commercee Corp, and to use the technique of framing or deep linking.
APPLICABLE LAW AND JURISDICTION
16.1 These General Conditions are regulated and interpreted in accordance with the legislation of the Republic of Albania.
16.2 Disputes between Commercee Corp and the Client regarding the implementation of these General Terms will be resolved by the Court of the Judicial District of Tirana.