Terms and conditions
Welcome to www.ro-shop.ro (our “website”). This agreement applies as between you, the User of this website and ro-shop.ro, Roshop Ltd, 11 St James Road, HX1 1YS, Halifax, UK
(“ro-shop.ro “, “we”, “us” or “our”), the operator(s) of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.
You agree that by accessing the website, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the website and you must discontinue use immediately.
These Terms and Conditions (the “Terms”) constitute a legal agreement between you and us governing the use of our website and our Services. We license use of our website to you on the basis of these Terms. We do not sell our website to you, and we remain the owner of our website at all times.
- Intellectual Property
1.1. All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of ro-shop.ro, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
1.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by ro-shop.ro.
1.3. You acknowledge that all intellectual property rights in our website anywhere in the world belong to us, that rights in our website are licensed (not sold) to you, and that you have no rights in, or to, our website other than the right to use them in accordance with these Terms.
1.4. Any intellectual property rights in content uploaded by you to our website shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the website.
1.5. You acknowledge that you have no right to have access to our website in source code form.
- Use of our website
2.1. The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.
2.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable license to use our website on these Terms.
2.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
2.3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
2.3.2. you shall ensure that all Users of your Account abide by these Terms.
2.4. You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
2.5. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our website or your Account at any time, or remove or edit content (including content submitted by you) on our website or on any of our affiliated websites (including social media pages).
2.6. We reserve the right to change, modify, suspend, or discontinue any portion of the Services, our website or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
2.7. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our website or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
2.8. The following additional terms also apply to your use of our website and form part of these Terms:
2.8.1. Our Privacy Policy
2.8.2. Our Cookie Policy
- Our Services
3.1. With the Services, ro-shop.ro provides an online service through which the user, as an advertiser, can create and publish offers and requests consisting of text and images (hereinafter “ads”) and, as an interested party, can view published ads of other users. In addition, the Services also enable the exchange of electronic messages between advertisers and interested parties.
3.2. The services are used to publish advertisements and to bring together sellers and buyers of the goods and services advertised. ro-shop.ro is not itself a seller of the products advertised in the advertisements.
3.3. ro-shop.ro merely provides the technical and organisational infrastructure to ensure the proper conduct of transactions on the website.
3.4. ro-shop.ro does not itself become a contracting party to the contracts concluded exclusively between the users.
3.5. The users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, ro-shop.ro does not guarantee:
3.5.1. the accuracy and completeness of the statements and declarations made in relation to the items offered,
3.5.2. the items offered as such; and
3.5.3. the conduct and performance of the offering third party.
3.6. Users are required to comply with applicable laws when using the website and Service. It is each users own responsibility to ensure that their offers are lawful and do not infringe the rights of third parties.
3.7. The content published on ro-shop.ro by the respective users is generally not reviewed by ro-shop.ro and does not represent the opinion of ro-shop.ro.
- Subscription
4.1. Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through our website.
4.2. If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees:
4.2.1. upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
4.2.2. on the renewal date of the subscription period thereafter, without any further action by you.
4.3. Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our website or any of the Services.
4.4. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
4.5. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
4.6. All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
4.7. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
4.8. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our website, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
- Uploading content to our website
5.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our website complies with our Privacy Policy, the DPA and the GDPR and any other applicable laws.
5.2. You are fully responsible for your content uploaded to our website. We will not be responsible, or liable to any third party, for:
5.2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our website; or
5.2.2. the loss of any content or data provided to us by you. You should keep a record of all such content and data.
5.3. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law.
5.4. We have the right to delete any content uploaded to our website if, in our opinion, it does not comply with the content standards set out.
- Privacy
6.1. For the purposes of applicable data protection legislation, ro-shop.ro will process any personal data you have provided to us in accordance with our Privacy Policy.
6.2. You agree that, if you have provided ro-shop.ro with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to ro-shop.ro and (b) that you have brought to the attention of any such third party the Privacy Policy available on the ro-shop.ro’s website or otherwise provided a copy of it to the third party. You agree to indemnify ro-shop.ro in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.
- Suspension and termination
7.1. We will determine, in our discretion, whether there has been a breach of this Agreement, our Code of Conduct or our other applicable policies as published from time to time, through your use of our website. When a breach has occurred, we may take such action as we deem appropriate.
7.2. Failure to comply constitutes a material breach of the terms of use upon which you are permitted to use our website, and may result in our taking all or any of the following actions:
7.2.1. immediate temporary or permanent withdrawal of your right to use our website;
7.2.2. immediate temporary or permanent removal of any Contribution;
7.2.3. issuance of a warning to you;
7.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
7.2.5. further legal action against you; and/or
7.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
- Reliance on Information
8.1. The website is intended to provide general information and entertainment only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained on the website.
8.2. The information provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- Modifications to Terms and Other Policies
9.1. ro-shop.ro may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. ro-shop.ro will post notice of modifications to these terms, or other policies referenced in these terms at the applicable URL for such policies.
9.2. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, you should discontinue Your use of our website.
- Corrections
There may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to the website, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
- Availability of the website
11.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
11.2. ro-shop.ro accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Disclaimers
12.1. ro-shop.ro makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
12.2. No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
12.3. The website is provided on an as-is and as-available basis.
12.4. You agree that your use of the website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability
13.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our website and any Related Content.
13.2. You agree not to use the Services, our website and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
13.2.1. loss of profits, sales, business, or revenue;
13.2.2. business interruption;
13.2.3. loss of anticipated savings;
13.2.4. loss or corruption of data or information;
13.2.5. loss of business opportunity, goodwill or reputation; or
13.2.6. any other indirect or consequential loss or damage.
13.3. Nothing in these Terms shall limit or exclude our liability for:
13.3.1. death or personal injury resulting from our negligence;
13.3.2. fraud; and/or
13.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
13.4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
- Indemnification
14.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
14.1.1. your Contributions;
14.1.2. use of the website;
14.1.3. breach of these Terms and Conditions;
14.1.4. any breach of your representations and warranties set forth in these Terms and Conditions;
14.1.5. your violation of the rights of a third party, including but not limited to intellectual property rights; or
14.1.6. any overt harmful act toward any other user of the website with whom you connected via the website.
14.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Law and Jurisdiction
These terms and conditions and the relationship between you and ro-shop.ro shall be governed by and construed in accordance with the Law of the England and Wales and ro-shop.ro and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.