Terms & Conditions
Article 1: General
1.1. Where mention is made of “Diginesis“ and/or “1shot.shop“ and/or “us“ and/or “we“ in these terms and conditions (“T&C“), this refers to S.C. Diginesis S.R.L., a company registered with the Trade Registry of Braşov under no. J08/1720/2006, VAT registration number RO 18866612, with its registered office at str. Aurel Vlaicu nr. 40, office 15, Braşov, Braşov county, Romania, and to companies and businesses linked and/or affiliated with the aforementioned company.
1.2. Where mention is made of the ”Customer” and/or ”you” in these T&C, this refers to the user of this website and Online Shop that is entering into an agreement with us by using this website and/or placing an order.
1.3. All contractual relationships, particularly offers, sales, deliveries and services, arising from orders by our customer (“Customer“), in particular through our online shop (“Online Shop“) or through our catalogs, flyers or other sales channels, legal relationships resulting from the User Account (as defined below) and any other relationships between us and the Customer shall be governed by these T&C.
1.4. Diginesis's acceptance of any order is subject to Customer's acceptance of all of the terms and conditions set forth herein. Customer's assent to these T&C shall be presumed from Customer's placing an order, or from Customer's acceptance of all or any part of the products ordered. No additions or modifications of Diginesis's T&C by Customer shall be binding upon Diginesis, unless agreed to in writing by an authorized representative of Diginesis.
1.5. Customer consents to the use of documents in electronic form.
1.6. Our product offerings are principally directed to Customers that are business customers or professionals, either legal or natural persons, though without the exclusion of any interested person. Our products and services, offers and pricing model are not intended for regular consumers, but for discerning professionals and therefore the language, descriptions and level of detail of the products and services are presented as such. Customer will conduct appropriate due diligence and will obtain any supplemental information in order to make an informed purchase and renounces any right to return the merchandise for issues such as mischaracterization or incomplete information. By using its User Account or placing orders through any of our sales channels, the Customer declares unconditionally to purchase and use the goods and services as a business or professional customer and not as a consumer subject to consumer protection legislation. Our product offerings are not directed to persons who are under age. If goods are resold or exported, Customer assumes full responsibility for compliance with all applicable laws, including export controls.
1.7. We reserve the right to unilaterally change these T&C to the extent such changes are necessary to correct a disruption or to bring the T&C in line with new legal or technical requirements. We will inform the Customer about the amended provisions. The changes will become effective and will be part of the contractual relationship with the Customer, unless the Customer has objected to this by giving notice in writing, by fax or email within a period of one week following the notification about the changes.
1.8. Product depictions are for illustrative purposes only. Possession of, or access to any catalog, literature or websites does not constitute the right to purchase products. Diginesis reserves the right to revise publishing errors in its catalogs or any of its websites. Despite our efforts, occasional pricing errors may occur in the catalogs and websites. Diginesis reserves the right to cancel any and all orders resulting from such pricing errors, even if Customer has received an order confirmation from Diginesis.
1.9. Products (and country of origin) may be substituted and may not be identical to catalog or website published descriptions and/or images.
Article 2: User Account
2.1. The Customer has the opportunity to register and create a personal user account on Diginesis’s website (“User Account“). Each Customer shall keep only one User Account at the same time. Registration, activation and use of the User Account are free of charge. Diginesis is not obligated to accept a registration by a Customer.
2.2. All information provided by the Customer must be true, accurate and complete and any future changes must be communicated without undue delay.
2.3. In the event of a violation of applicable law or custom, these T&C, or other applicable contractual terms by the Customer, Diginesis reserves the right to withhold any features of the Online Shop, to temporarily suspend the User Account, to irrevocably delete the User Account or to take any other appropriate actions upon Diginesis's reasonable discretion.
2.4. The Customer may delete its User Account at any time without giving any reasons. A suspension or deletion of the User Account does not affect the rights and obligations incurred by the Customer prior to such deletion.
2.5. The Customer may not transfer the User Account and the rights and obligations resulting therefrom without our prior written consent. The Customer acknowledges and agrees that the User Account may not be shared with third parties. The use of the User Account deems the respective user to be authorized by the Customer. The Customer hereby authorizes the respective user of the User Account to make transactions on behalf and for the account of the Customer. By delivering the goods to the respective user following its instructions, we are discharged from our obligations towards the Customer.
2.6. The Customer must keep its credentials confidential and appropriately restrict the access to the User Account. In particular, the Customer must protect the credentials against loss, theft and any unauthorized use. The Customer must notify us without undue delay of any loss, theft or unauthorized use of its credentials in writing, by fax or email. Until such notification, any use of the User Account is deemed to be authorized by the Customer and any purchases through the User Account are deemed to be made with binding effect on the Customer, i.e. on behalf and for the account of the Customer.
Article 3: Execution of Contracts, Terms of Contract
3.1. The display of goods in the Online Shop, catalogs or any other literature does not constitute a binding offer to conclude a sales contract but rather an invitation to place an order.
3.2. For orders placed through the Online Shop: By clicking the button “ORDER NOW!“ the Customer initiates the ordering process. The Customer may log in with its credentials, or create a User Account. Subsequently, the Customer can select the means of shipping and method of payment. The Customer is given the option to review and change its entries at any stage of the ordering process. Directly before the Customer places the order, the order details will be displayed in a concise manner for final review and changes. By clicking the button “Continue to next step“ at the end of the ordering process (e.g. in "REVIEW ORDER" screen), the Customer places the order and makes a binding offer to purchase the goods shown on the order page.
3.3. Without undue delay upon receipt of any order, we will send (usually by e-mail) a confirmation of receipt to the Customer. This confirmation of receipt shall not constitute an acceptance of the offer, unless the offer is expressly accepted in such confirmation. If the confirmation of receipt does not contain an express acceptance, a binding sales contract shall only be concluded upon receipt of our subsequent notification (usually by e-mail) to the Customer with which we will inform the Customer that the goods have been shipped. The Customer may not revoke the order before a reasonable time for the acceptance of the offer by us has passed (at least one week).
3.4. For orders placed through the Online Shop: After placing the order, the Customer may print a summary of the order details. We will save the details of each order for a reasonable period of time. The Customer may access, view and print these details via the User Account.
3.5. In the event that our supplier fails to deliver a good in a timely manner, we are entitled to refuse to accept a Customer's offer or to revoke our acceptance respectively and cancel the contract with regard to the undelivered goods, without being liable for any compensation to the other party.
Article 4: Interim Variation and Termination
4.1. Diginesis retains at all times the right to impose minor variations in the products offered and/or sold by us, or in the composition of such products.
4.2. When the Customer cancels an order (whether in total or in part), the Customer is obligated to compensate Diginesis for all costs reasonably incurred by Diginesis for the implementation of the sales contract, without prejudice to any right that Diginesis may have to claim compensation for costs, damages, losses (including lost profits) and interest ensuing from the cancellation of the respective sales contract.
4.3. Without prejudice to its other rights, Diginesis has the right to terminate the sales contract for cause in cases of insolvency, dissolution, liquidation or death of the Customer.
Article 5: Prices
5.1. Unless explicitly stated otherwise, prices listed in the Online Shop, catalogs or any other literature do not include shipping, handling fees, taxes, duties, import fees and/or customs brokerage charges, and are subject to correction or change without notice. Market sensitive commodity products will be priced according to current market conditions.
5.2. Diginesis will decide the packaging and shipping and will choose a suitable transportation provider. All costs related thereto are borne by the Customer, unless explicitly agreed upon otherwise with Diginesis. The costs for shipping and packaging will be displayed in the order overview before the Customer places the order.
5.3. Customer is responsible for applicable sales taxes, duties, import fees and any custom brokerage charges. These costs are not included in the total amount presented at checkout and will be borne by Customer at the time of delivery.
5.4. Diginesis at all times has the right, after the conclusion of the agreement, to alter the agreed price in proportion, where price-determining factors undergo changes – whether foreseeable or not at the time of the tender and/or confirmation of order – such as wages, prices, import taxes, currency rates, excise duties, levies and taxes, and in general all government measures, this to occur while paying due consideration to the relevant current statutory regulations. In cases where there is a price increase, Diginesis will inform the Customer without undue delay and the Customer may cancel the order.
Article 6: Shipment, Passing of Risk
6.1. Partial deliveries of goods included in the same order are permitted. In the event that a partial delivery is requested by the Customer, additional shipping costs shall be borne by the Customer.
6.2. The risk of accidental destruction, damage or loss of the sold goods as well as the risk to pay for the sold goods shall pass to the Customer upon delivery of the goods by us to the carrier.
6.3. In the event that a delivery to the indicated address is not possible or the Customer refuses to accept or collect the shipment, we reserve the right to charge the Customer for any and all costs caused thereby (in particular for handling, packaging and shipping the goods).
Article 7: Shipping and delivery
7.1. Any delivery times stated in the Online Shop, catalogs or any other literature are of indicative nature only and shall not constitute or be construed as a statutory deadline or fixed delivery deadline, unless explicitly stated otherwise by us.
7.2. After expiration of a delivery deadline, Diginesis has the right to deliver the purchased goods within a reasonable grace period as a subsequent delivery.
7.3. Diginesis shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Diginesis in the conduct of its business.
7.4. If the performance of the contract by us is affected by force majeure or by an unforeseeable impediment to perform which cannot be overcome by commercially reasonable efforts and which is not attributable to us, the initial delivery deadline shall be extended by the period of time during which the impediment to perform continues. Other termination rights that the Customer may have under applicable law remain unaffected.
7.5. Where the deadline for a subsequent delivery has passed, Diginesis must be notified in writing that we are in breach of agreement.
Article 8: Payment
8.1. Customer shall pay for all purchases in advance, at the time of placing the order.
8.2. Any and all credit that may be extended to Customer, and the limits of such credit, is at Diginesis’s sole discretion, and may be reduced or revoked by Diginesis at any time and for any reason.
8.3. The Customer shall - without any late notice being required – be in default of payment if the amount has not credited our account within 3 days of the placing of the order.
8.4. All costs that Diginesis pays in connection with the non-compliance by a Customer with regard to any of its obligations hereuin shall be borne by the Customer and shall be at least 15% of the amount to be recovered, with a minimum of €200.00.
8.5. Diginesis will not bear any bank charges or fees for a money transfer.
Article 9: Returns
9.1. Any return of purchased products must first be confirmed by Diginesis. For approved returns, the amount paid by the Customer from which unavoidable bank fees will first be deducted shall be refunded within three working days from receipt of the returned products.
9.2. Unless otherwise agreed to in writing by Diginesis, the return shipping of delivered products occurs entirely for the account and at the risk of the Customer.
Article 10: Warranty
10.1. The Customer shall inspect the goods with due care promptly upon delivery. Delivered goods shall be deemed to be approved by the Customer unless any defect is notified to us: (a) in case of an obvious defect within a period of seven working days after delivery; or (b) otherwise within seven working days from the day when the defect has been discovered, but not later that three months from delivery. Minor, commercially acceptable or technically unavoidable variations in quality, quantity, size, color, finish, measurements, treatment and such will be accepted by the Customer and do not constitute a defect.
10.2. In the event of a claimed defect of delivered goods, upon our request, the Customer shall send the goods back to us freight paid and, if possible, in the original packaging.
10.3. Any damage claims of the Customer are subject to the provisions contained in Article 11:.
10.4. Any claims of the Customer resulting from or in relation to defective products shall be limited to up to 12 months following the passing of the risk to the Customer, unless applicable law sets a different duration.
10.5. Complaints as intended in this article are only possible insofar as the Customer has not damaged or modified the products in one way or another.
Article 11: Support
11.1. Diginesis will offer the Customer technical support for a period of one year after delivery, free of charge, either through email or the support forums section of the website. Support issues will be reviewed within two business days of receipt, unless a high volume of issues have been raised concurrently at the time.
11.2. After expiration of the free technical support period, all issues and updates are subject to individual fees, communicated to the Customer before their charge.
Article 12: Liability
12.1. In view of the clarifications made in Article 1.6, Diginesis shall not be liable for any losses or damages of whatever nature towards the Customer, with the exception of (a) any explicit guaranteed specifications of the goods, (b) any claims under applicable mandatory law.
12.2. We shall not be liable for any damages which cannot reasonably be foreseen, assuming a normal, prudent and informed use of the goods.
12.3. Our liability for late delivery shall be limited to an amount equal to 5 % of the total price of the order (excluding any applicable taxes and shipping costs). In all other cases our liability shall be limited by the price of the order unless such limitations should violate applicable mandatory law.
Article 13: Intellectual Property
13.1. The Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights of Diginesis, or any trademarks or service marks owned by suppliers to Diginesis. All materials contained on our websites are subject to the ownership rights of Diginesis and its suppliers and licensors. The Customer shall have no right to use any of the intellectual property of Diginesis, its suppliers or licensors without express written permission.
Article 14: Applicable law and choice of jurisdiction
14.1. Any agreements entered into between us and the Customer shall be governed by the laws of Romania with the exclusion of the UN Convention on the International Sale of Goods (CISG) and its internal implementation, without prejudice to any mandatory conflict of law provisions.
14.2. To the extent permitted by applicable law, the courts in Brașov, Romania shall have exclusive jurisdiction with respect to any disputes arising out of or in connection with the relevant contract. Any mandatory statutory provisions regarding the place of jurisdiction remain unaffected.
Article 15: Assignment, waiver and severability
15.1. Customer shall not assign this agreement or any order, or any interest therein, without the prior written consent of Diginesis. Any actual or attempted assignment without Diginesis's prior written consent shall entitle Diginesis to cancel such order upon notice to Customer.
15.2. The failure of either party to assert a right herein granted or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party.
15.3. If any portion of these T&C is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these T&C, and the remaining terms and conditions shall be valid and fully enforceable as stated herein.