PRELIMINARY INFORMATION

Thank you for your interest in our company, website, products and/or services.

Please read this document carefully. By browsing our site or placing an order you agree to the Terms and Conditions described below. This document is a legal agreement. A contract between you and us. Please also read Our privacy policy before browsing the site or placing an order. If you do not agree with these Terms or the Policy indicated above, please do not use the Site.

We reserve the right to modify these Terms at any time and without prior notice. Your order will be subject to the terms in effect at the time the order is placed. By visiting our website you will find the most recent version of the Terms.

We cannot guarantee that any services or products that have been included on the site at any given time will be available at any time. We reserve the right to stop providing a service or selling a product at any time.

If you have any questions or concerns, you can contact us with confidence at office@phi.roand we will answer you as soon as possible.

 

DEFINITIONS

"Sectio Aurea" or "The Provider"

means SECTIO AUREA SRL, a limited liability company, established and operating in accordance with the laws of Romania, having its registered office in Romania, Bucharest, Sector 3, Aleea Iosif Hodos no. 1, block PC6, staircase E, floor 4, apartment 50, registered at the Trade Register under no. J 40/1426/2006 tax code RO18334569, IBAN account RO89BTRLRONCRT0563705601 opened at Banca Transilvania, legally represented by Mr. Eduard – Mădălin Bratu – administrator.

"Command"

means an order placed by the User through the Platform through which the User expresses his commitment to purchase one or more Services, under the conditions set forth in this document and/or agreed with Sectio Aurea through a means of remote communication.

"Account"

means the section of the Platform accessible to the User by using, with the role of identification, an e-mail address and a password, which allows the User to submit an Order and which contains information about the User and the User's history in the Platform (eg, previous Orders, invoices fiscal etc.).

"Contract"

means the remote consensual agreement reached between the Provider and the User, without their simultaneous physical presence, regarding the sale, respectively the purchase, of one or more Services on the Platform, by launching an Order by the User and its acceptance by the Provider, with compliance with the legal provisions and the terms and conditions for the online provision of Sectio Aurea services. As a rule, the Contract is concluded in Romanian.

"Confidential Information"

means any information related to the User or Provider, their associates and affiliates or this Agreement and made available either before or after the date of signing. Also, Confidential Information means any information contained in the Deliverable as defined below.

"Deliverable"

means any of the products and services available and provided through the Platform to the User as a result of placing an Order.

"Newsletter"

means periodic means of information, exclusively electronic, respectively electronic mail or other form of remote communication (eg, e-mail, SMS) regarding the Services and/or the promotions carried out by the Provider or its affiliates, in a certain period , without any commitment from the Provider with reference to the information contained therein.

"Platform"

means the website owned by Sectio Aurea having the domain https://www.phi.ro/  and using logos of Sectio Aurea, through which Sectio Aurea presents the Services offered for provision, and Customers can choose the Products and/or that they want to purchase, respectively pay for them in one of the payment methods accepted by Sectio Aurea. Also, the Platform is used for processing and managing Orders for the delivery of Services and recording payments related to their sale.

"Services"

means any services that are offered to the User for purchase, for a fee, through the Platform.

"Specifications"

means any details regarding the features of the Services as set out in the description available on the Platform.

"Transaction"

means the payment operation carried out by the User, respectively collection by the Provider, of a sum of money as a result of the provision by Sectio Aurea, respectively the purchase by the User, of one or more Services.

"User"

"GDPR"

means the natural person who accesses the Platform, creates an Account and places an Order to purchase the Services offered for sale by Sectio Aurea.

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on data protection)

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ELIGIBILITY

To legally place an order on our site you must (1) be over 18 and/or of full legal capacity, (2) agree to the Terms  (3) provide us with true, complete and up-to-date contact information (4) not be in a conflict of interest situation as defined below in the "Conflict of Interest" section

The personal data you provide us will be processed in compliance with national and European legislation on the protection of personal data. For more information, please see Our privacy policy.

 RULES REGARDING THE USE OF THE SITE 

You promise to abide by the following rules:

• You will use this site solely for the purpose of placing legitimate orders or for information;

• You will not place any false or fraudulent order, otherwise we reserve the right to cancel the order and inform the relevant authorities;

• You will provide true, complete and up-to-date information;

• You will respect the intellectual property rights of any material found on this site.

• You will not take any action that could harm our site in any way.

We reserve the right to block the access of any user who violates the above rules and to address the competent authorities  to recover the damages caused.

 

THE PRICES

The prices of the Services are shown in lei and do not include value added tax or, if applicable, delivery tax. The cost of each delivery method will be indicated during order placement.

Sectio Aurea may update the prices of the Services at any time, and such update will supersede any prices previously displayed for such Services.

In the case of online payments, the Provider is not and cannot be held responsible for any other cost borne by the User in addition to the price of the purchased Service including, but not limited to, transfer or currency conversion fees applied by the issuing bank of the User's card, if the card's issuing currency differs from the currency in which the sale is made.

 

PLACING THE ORDER AND CONCLUSION OF THE CONTRACT

The only option for placing the order is online ordering.If the order is made online and you have provided us with a valid email address, you will receive a confirmation email. If, for some reason, we cannot process your order, we will notify you as soon as possible. If we are unable to process the order, but the payment has already been made, we will proceed to refund the amount.

Any data existing on the website and/or on any other communication channels does not constitute an offer, but an invitation to offer (invitatio ad offerendum). The contract between us will be concluded when the order is expressly accepted by us. Until you expressly accept your order, no contract will exist between us and you. If we do not accept the offer, but the payment has already been made, the amount will be refunded in full.

 

THE PAYMENT

Payment of the ordered products can be done as follows: by payment order/bank transfer in advance or via the emag platform.

Payment by payment order is made on the basis of the invoice that will be issued upon completion of an order.

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DELIVERY

Delivery will be made after the successful processing of the payment by bank transfer, as soon as the money has entered our account.

Delivery will be made by generating a single permission to download the Deliverable per email. The deliverable will be delivered in zip format. In exceptional cases, a new download permission may be generated.

 

CONNECTED SERVICES

Documentation update services at the Customer's request will be provided only to the extent that the requested document can be standardized so that it is subsequently included in the implementation KIT. In order to avoid misunderstandings, it is recommended that before purchasing the Deliverable, the customer asks for additional information regarding the possibility of delivering the additional document. The Client understands that Sectio Aurea under no circumstances undertakes any obligation to provide consultancy services to the Client.

Implementation support, if included in one of the service packages on the site, is exclusively by e-mail and under no circumstances is considered legal advice.

 

FORCE MAJEURE AND FORTUNE

We will not be liable for any delay or failure to perform our services if there is a force majeure or an act of God. Force majeure and fortuitous events include, but are not limited to, changes in laws or regulations, accidents, disease, embargoes, wars, acts of terrorism, riots, fires, earthquakes, nuclear accidents, floods, strikes, weather conditions, acts of hackers or internet service providers, the Zombie Apocalypse. Force majeure or fortuitous event will be communicated to the Customer as soon as possible.

 

INTELECTUAL PROPERTY

The entire content of the site is the intellectual property of Sectio Aurea SRL. The site will be used by users only for information or placing orders.

Website users have no right to download, partially or fully modify the website,   reproduce partially or fully the website, copy, distribute, sell or exploit the website in any other way contrary to the interests of the Provider, regardless of whether or not there is a commercial purpose.

All content (including but not limited to databases, graphics, trademarks, legal content) are the intellectual property of the Provider. The entire site is protected by Law 8/1996 on copyright and related rights, and for any infringement of intellectual property, we reserve the right to refer the competent courts for the full recovery of the damage, as well as to file a criminal complaint at judicial bodies for bringing the perpetrator to criminal responsibility.

All copyrights on the products on the website belong to Sectio SRL, known under the trade name Sectio Aurea.

The Customer 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 that originally intended by Sectio Aurea, include any content outside of the kit, removing the signs signifying Sectio Aurea's copyright on the kit as well as participating in the transfer, sale, distribution of materials made by reproducing, modifying or displaying the kit, except with the express written consent of Sectio Aurea, any of the latter reserving the right to recover any kind of damage caused (direct, indirect, present and future).

Subject to full payment of the contract price, the Provider grants the Customer a single perpetual, irrevocable and non-exclusive license to use the deliverables. In all cases, this use is permitted only in order to implement the provisions of the GDPR within the entity that purchased the deliverable. Use of a single deliverable by more than one entity that paid for the service is strictly prohibited. Any other use of the deliverables is prohibited, and the Provider reserves the right to claim compensation for damage caused as a result of any unauthorized use of the deliverables, including but not limited to reproduction, sale, export, loan, as well as any other transmission to a third party. In all cases, the compensation owed by the Customer for each unauthorized use or for each transmission to a third party not previously authorized by the Provider will not be less than the price paid for the Deliverable.

 

OTHER CLAUSES

The content of the  deliverables, the updating of the documentation and the support provided, regardless of whether it is ordered by the Customer, does not represent a legal consultation within the meaning of Law no. 51/1995.

Sectio Aurea, its representatives, attorneys, partners and consultants make no representation, promise or warranty as to the accuracy, completeness or adequacy of the Deliverable, the templates or guides contained therein or the technical implementation, and assumes no obligation as to the result or diligence to any person with respect to the guides, templates and/or their content or with respect to the technical implementation, expressly exclude and disclaim liability for any cost, loss or damage incurred as a result of the use of the templates or as expectation that these documents meet the needs of your organization, including but not limited to errors, misrepresentations or omissions in their content.

Some deliverables consist of sets of templates intended to be tailored to the specifics of each legal entity, together with guides, instructions for use and informational materials.

Completing these documents (templates) will be done at your own risk, Sectio Aurea not assuming any responsibility for any damages that may occur as a result of using these documents (templates), including, but not limited to sanctions from the authorities or claims from other people.

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PRIVACY

Both the Provider and the User undertake and guarantee to maintain the confidentiality of the Confidential Information, to prevent its disclosure to third parties and not to use it for purposes other than those envisaged by this Agreement, except for those previously authorized in writing by the Provider/User and subject to the terms and conditions imposed by it.

Confidential Information may be made available either in writing, in visually readable form or electronically, including by fax or other electronic form of transmission or orally, and may be marked as confidential or not.

The following information shall not be considered Confidential Information: (i) is or has become public (including, without limitation, any information submitted to any government agency and available to the public) other than as a result of a disclosure by Provider in violation of this Section (ii); are made available to the Provider on a non-confidential basis from a source other than the User that the Provider believes is not prohibited from disclosing such information to the Provider (iii) is known to the Provider before it is received from the User without any obligation to confidentiality or (iii) are developed by the Provider independently of the Confidential Information disclosed by the User.

The User will not disclose the Confidential Information received from the Provider to any third party, except for the Deliverable and only under the conditions shown by these terms and conditions and unless required by applicable law. In the event that the User will disclose the Confidential Information to another person (public or private) than that necessary for the performance of the contracted Service (ie. the Commercial Register, courts of law, police authorities, banking institutions, national tax administration agencies or business partners), the Provider reserves the right to take action against the User to cover any damages that may result from this disclosure.

Without prejudice to the confidentiality obligations provided for in this Agreement, the Client confirms that the Provider has the right to disclose to third parties (e.g. in the case of promotional materials) that he acted for the Client.

 

NOTIFICATIONS

The User agrees that all communications made on the basis of this Agreement take place via electronic mail to the address communicated by him in the Platform, agreeing that such communication is valid by simple proof from the Provider regarding the sending of the communication. The Provider has the right to use other methods of transmission (by post, courier or through bailiffs) of its communications to the User.

The parties agree that all communications in connection with this Agreement shall be made to the following addresses:

• For the User – to the postal address mentioned in through the Platform;

• For the Service Provider – at the following email address: office@phi.ro

 

compete

The customer agrees that during the commercial relationship with Sectio Aurea and for a period of 3 years after the termination of any commercial relationship with Sectio Aurea not to carry out any activity competing with the activities carried out by Sectio Aurea, the creation, sale or distribution of a similar deliverable To the deliverable, the organization of courses in the field of the NIS Directive, the creation and distribution of content (books, articles, materials) in the field of the protection of the NIS Directive on any medium, free of charge or in exchange for remuneration.

For any violation of the non-competition obligation stipulated in this Agreement, regardless of whether it was committed due to gross negligence, negligence or imprudence, and regardless of the damage caused, the Client will compensate the Provider.

 

CONFLICT OF INTERESTS

The customer declares under his own responsibility that at the date of placing the order he does not carry out any activity similar to the activities carried out by Sectio Aurea, the creation, sale or distribution of a deliverable similar to the Deliverable, the organization of courses in the field of the NIS Directive, the creation and distribution of content (books, articles, materials) in the field of protection of the NIS Directive on any medium, free of charge or in exchange for remuneration.

In the situation where Sectio Aurea finds the existence of a conflict of interests, it has the right to declare the termination/resolution of the contract, with the result that any further use of the Deliverable or its results will cease from the date of receipt of the unilateral termination/resolution declaration by e-mail.

 

THIS AGREEMENT

These Terms constitute the entire agreement between you and us with respect to the subject matter of any Contract and supersede any other agreement, any other prior oral or written understanding between you and us.

The contract concluded between us and you is binding. You may not transfer, assign, assign or otherwise dispose of this Agreement or any of your rights or obligations under it without our prior written consent. We may transfer, assign, strike, subcontract or otherwise dispose of a Contract or any of our rights or obligations under it.

 

RETURN POLICY

If you want to return the NIS Directive Kit product, as it does not meet your expectations, you can do so within 15 days by sending a request to office@phi.ro.

In order to return the product, the natural person who purchased the product or the legal representative of the legal entity will have to give a declaration on his own responsibility in front of a public notary by which he will declare that he has permanently deleted the product and any copy of it from all computer systems and that he has not alienated the product in any way.

After receiving the original declaration at the address communicated to the Client, Sectio Aurea will proceed to return the amount of money paid.

 

APPLICABLE LAW

This agreement, as well as any use of the site, will be governed by Romanian law. The parties will try to resolve any disagreement amicably, otherwise the disputes will be settled by the competent Romanian courts according to the law.