TERMS AND CONDITIONS

 

The web page www.mumutoys.com („Web Page”) is intended to be used by natural persons and legal entities, and is owned and administered by the company Mumu Toys S.R.L., a limited liability company founded and operating under the Romanian laws, with registered office in Romania, Bucharest, sector 3, Drumul Balta Arin street, no. 6 – 24, registered with the Trade Register Office attached to the Bucharest Court of Law under no. J40/4408/2017, tax ID. number RO37309758, tel.: 0371-171171, fax: 0372-876732 and e-mail: contact@mumutoys.com („Mumu Toys”).

The use of this Web Page implies the agreement on the terms and conditions below and they shall be deemed as read, understood and accepted without reservations.

You are recommended to carefully read the terms and conditions below. Mumu Toys reserves the right to change or remove texts, images, hyperlinks, to update the content of this Web Page, as well as the terms and conditions of use anytime, at its own discretion and without any prior notice.

 

1.   Terms and definitions

Customer represents the natural person or the legal entity who has or gets access to the services and Products of Mumu Toys by means of the Web Page, with or without the creation of an Account;
Order represents the electronic document by which the Customer express his/her intention to purchase certain Products and Services and to make payment for them;
„Account” represents the section of the Web Page allowing the User’s registration for the services of Mumu Toys, including to the newsletters of Mumu Toys or the promotional materials sent by Mumu Toys, including transmission of an Order to Mumu Toys which contains information of the User and the history of purchases made through the Web Page, which can be accessed with the e-mail address and password provided by Mumu Toys to the User;
Contract represents the contract remotely concluded (without Mumu Toys and the Purchaser being simultaneously present) based on which Mumu Toys transfers or undertakes to transfer the ownership of some Products to the Customer, and the Customer pays or undertakes to pay their price;
Content shall have the following meanings, as applicable, including but not limited to: all information displayed on the Web Page which can be visited, viewed or otherwise accessed by using a specific web-browsing software, the content of any e-mail sent by Mumu Toys to its Customers by electronic means and/or any other communication means available; any information notified by any means by an employee of Mumu Toys to the Customer, according to the contact information specified by the latter; information related to the Products, services and/or prices set by Mumu Toys during a certain period; data on the benefits offered by Mumu Toys to Customers, or other privileged data of Mumu Toys; logos, stylized representations, trade symbols, static images, dynamic images, text and/or multimedia content shown on the Web Page, all these are the exclusive property of Mumu Toys or of its partners, and Mumu Toys has all rights directly or indirectly obtained to this end (by use and/or publishing licenses).
Courier represents any public or private person performing delivery services;
„Law 449/2003” means the Law no. 449/2003 on the sale of products and guarantees related to them, republished, with further amendments and completions.
Mumu Toys means the company Mumu Toys S.R.L., a limited liability company founded and operating under the Romanian laws, with registered office in Romania, Bucharest, sector 3, Drumul Balta Arin street, no. 6 – 24, registered with the Trade Register Office attached to the Bucharest Court of Law under no. J40/4408/2017, tax ID. number RO37309758;
„OUG 34/2014” means the Emergency Ordinance no. 34 dated 4 June 2014 on the rights of customers within the contracts concluded with professionals, as well as to amend and complete some regulatory documents, with further amendments and completions;
Web Page”; „Website represents the domain www.mumutoys.com and its subdomains;
Products and Services represent any product or service provided by Mumu Toys, upon the day of an Order placing by the Customer;
„Transaction” means the receipt of an amount resulted from the sale of a Products and/or Service by Mumu Toys to the Customer, either by using the services of the card processer agreed upon by Mumu Toys or by using the services of any other payment or cash on delivery service provider, irrespective of the delivery manner;
User represents any natural person/legal entity registered on the Web Page, who, by the completion of the Account creation process, agreed on the clauses of Terms and Conditions;
„Terms and Conditions” represent the terms and conditions to use the Web Page, mentioned below, as well as any further versions amended and/or completed by Mumu Toys from time to time;

 

2.   Limiting access to Web Page

2.1   The Web Page Users may write comments and any other messages, may send suggestions, questions or information, provided that their language is appropriate for such messages, does not violate the intellectual property rights, does not contain viruses, does not serve to some promotion campaigns which are not related to Mumu Toys, are not bulk e-mails or any other kind of spam. The Users who use a false e-mail address or will send electronic messages or any other messages on behalf of another natural person or legal entity or on behalf of any other entity shall be reported to authorized bodies. Mumu Toys does not assume any liability and cannot be bound to any indemnities for any kind of damages caused by such messages.

2.2   If some materials/documents involving texts, answers, reviews, etc. expressed by the Users are sent, it is deemed that the said User guarantees their authenticity and grants to Mumu Toys and to its affiliates/partners the unexclusive, unlimited, free of charge, irrevocable and re-transmissible right to use, reproduce, amend, adapt, publish, translate, create derived work, as well as the right to share, to show those contents anywhere in the world, by any means. The User guarantees that he/she has all rights on the content displayed or sent by him/her on the Web Page, by any manner, so that by using that content not to cause damages to any natural or legal third part.

 

3.   Registration as a User

3.1   The Web Page can be accessed free of charge, and navigating through its pages does not require the registration as a User (creation of an Account on the Web Page). But to be provided with certain services offered by the Web Page, such as purchase of Products offered by it, receiving of Mumu Toys’ newsletter or status verification of his/her own Orders, the User must create an Account. The registration as a user implies the acceptance of the provisions of the Terms and Conditions and of its confidentiality policy. These regulations represent the contractual basis of the relations between the Users and Mumu Toys.

3.2   As the provisions of the Terms and Conditions may be amended, you are recommended to read the provisions of the Terms and Conditions on a periodical basis. If the User does not agree on their provisions any longer, the User is asked not to access/use the services of Mumu Toys’ Web Page any longer. If the User keeps using the Web Page, he/she is liable for keeping the confidentiality of the access data into his/her User Account, created on the Web Page and agrees to be kept liable for all activities performed in his/her User Account.

3.3   The Web Page does not sell products to minors under eighteen (18) years old. Mumu Toys reserves the right to close User accounts, to change or remove texts, images, hyperlinks or to deny the sale of Products at its own discretion.

3.4   To create a User Account on the Web Page, the User must use a valid e-mail address and true data and information. Mumu Toys may deny the registration application of a User Account or may close a User Account if it founds out that the User used untrue information or uses the services or the Web Page in a manner uncompliant with normal practice or uncompliant with the provisions under these Terms and Conditions.

 

4.   Order

4.1   To make an Order, the User must set the desired details for the Order (place for the goods delivery, dispatch manner and payment modality) in the User Account, and these settings shall be retained and used for each and every Order, if the User does not choose to change them. These settings may be changed by the User anytime.

4.2   The Customer/Purchase may make Orders on the Web Page, by adding the desired Products into the shopping cart, and shall complete the Order by making payment through one of the modalities expressly mentioned. Any Order placed on the Web Page also implies the Customer’s obligation to pay the price of the ordered Product.

4.3   Once added into the shopping cart, a Product is available for purchase to the extent there is an available stock for it. Adding a Product into the shopping cart, without completing the Order, neither leads to the registration of an Order, nor to the automatic reservation of the Product nor to its delivery.

4.4   To complete the Order, the Customer guarantees that all supplied data are true, correct and complete, otherwise he/she could incur the consequences of providing some untrue, incorrect and/or incomplete data, such as but not limited to: an Order not delivered, a delayed Order, an Order wrongly delivered, etc.

4.5   Mumu Toys shall be exonerated from any liability in relation to negative effects caused by supplying untrue, incorrect and/or incomplete information by the Customer. Is such a case, all costs for transport to dispatch the Order again shall be borne by the Customer.

4.6   By completing the Order, the Customer agrees that a representative of Mumu Toys contact him/her by any of the communication means agreed upon between the Parts (e-mail/telephone/SMS) for personal confirmation of the Order.

4.7   No change of the Order can be accepted after its validation by the Customer, except the express agreement of Mumu Toys.

4.8   An Order shall be confirmed or not confirmed by Mumu Toys within a term not exceeding five (5) working days since the Order placing date.

4.9   Mumu Toys may reject an Order after a prior notice addressed to the Customer, without obligations between the parties and without any part being allowed to claim damages from the other part, for the following cases:

(a)   failure / invalidation of the online transaction;

(b)   rejection of the Customer’s card / transaction by the partner bank;

(c)   incomplete or incorrect data of the Customer;

(d)   the Customer’s activity may cause damages to Mumu Toys and/or to its partners;

(e)   failed consecutive deliveries;

(f)   failure to comply with any provisions within the Terms and Conditions; and/or

(g)   other objective reasons: if the Customer fails to guarantee that the payment manner if valid and is not obtained by a fraudulent method or there are doubts on the payment modality.

4.10   Even though Mumu Toys has taken all steps that the information shown on the Web Page be accurate, complete and correct, it cannot be held liable for inaccuracies which might occur during the filling in of the Web Page forms by the Customer to complete the Order. The Users are liable to evaluate the accuracy, completeness and utility of information supplied within the forms available on the Web Page.

4.11   In certain cases and for justified reasons, Mumu Toys reserves the right to decrease the quantity of Products in the Order placed on the Web Page. In such cases Mumu Toys shall inform the Customer to the e-mail address or the phone number made available to Mumu Toys upon the Order making and shall return the amount paid by the Customer (in full or in part, proportionally to the changed quantity).

4.12   The contract is deemed concluded between the Customer and Mumu Toys once the Customer has received a notice confirming the Order from Mumu Toys, by means of electronic mail and/or SMS.

 

5.   Invoicing and payments

5.1   The prices of Products and Services displayed within the Web Page include the value added tax applied and calculated as per the laws in force upon the Order date.

5.2   The price, payment modality and payment term are specified in each Order. Mumu Toys shall issue an invoice for the Ordered Products to the Customer, and the Customer must supply all information required for the invoice issuing as per the laws in force.

5.3   Mumu Toys shall send the Customer the invoice related to the Order containing the Products or Services sold by Mumu Toys, as well as for any other payments related to the Order, exclusively in electronic format, by electronic mail, to the e-mail address mentioned by the Customer in the Order.

5.4   By sending the Order, the Customer agrees to receive the invoices in electronic format as per the provisions of the Terms and Conditions.

5.5   If the Customer selects the option to pay the Products or Services by card, the payment card data of the Customer shall not be accessible to Mumu Toys and shall not be stored by Mumu Toys or by the payment processor integrated in the Web Page, but only by the institution authorizing the Transaction or other entity authorized to perform services of card identification data storage, whose identity shall be disclosed to the Customer, prior to the data insertion.

5.6   The entity authorized to perform services of card data storage is NETOPIA S.R.L.

5.7   In certain cases, to maintain the Transaction security, upon the Order registration, the Customer shall be requested to authorize the payment according to the security policy of the Transaction processor.

 

6.   Product delivery

6.1   The ordered products shall be delivered to the address indicated by the Customer in the process of Order making. The Customer undertakes to be present to take over the Order at the address mentioned in the Order form.

6.2   The Customer must verify the correctness of the information supplied as regards the delivery address before the Order validation. If some errors occur upon the delivery data insertion (street name, street number, block, number, floor, contact person, telephone number), Mumu Toys shall not be held liable for the impossibility to deliver the order.

6.3   The delivery of products is provided in Romania.

6.4   Upon the request of Mumu Toys or of the Courier, the Customer shall prove his/her identity, if necessary by one or more documents issued by relevant authorities and shall specify the Order number assigned by Mumu Toys, if such a request is deemed as necessary by the Courier.

6.5   If the Customer cannot take over the Order in person, the Order shall be left at the address mentioned only to one person more than 18 years old and only if the Courier is specified the Order number.

6.6   If the Products are delivered to a place where the Courier cannot have access directly to the said location, the Customer must ensure that he/she can take over that Order.

6.7   Whenever the Courier deems it necessary, it shall contact the Customer by phone previously to obtain the confirmation of the latter’s presence at the address and time selected in the Order validation on the Web Page.

6.8   The Customer undertakes to be at the indicated delivery address, during the hour range notified by the Courier, otherwise he/shall incur the transport fee related to a new delivery. The hour range may be changed only with the Courier’s agreement.

6.9   The delivery is deemed as complied with by Mumu Toys when the products Ordered by the Customer are handed over at the address selected by him/her upon placing the Order.

6.10   The Customer undertakes to sign the delivery note (AWB) shown by the Courier or by the Romanian Post upon delivery of the ordered Products, to which the receipt containing all information on delivered Products (product name, quantity, price) is also attached. The Customer shall also verify whether the Products are damaged or whether something is missing, and possible issues shall be written by hand on the delivery note, for them to be taken into consideration.

6.11   By signing the delivery note, the Customer acknowledges the receiving of the Ordered Products under good conditions and as a whole.

6.12   If Mumu Toys cannot deliver a Product because the Product is not available, it shall inform the Customer on such unavailability, the day when Mumu Toys is aware of such case. If the product was already paid, the paid amounts shall be refunded to the Customer by Mumu Toys upon the term and under the conditions mentioned under art. 7.3 of the Terms and Conditions.

6.13   If the time range provided for delivery is exceeded, Mumu Toys or the representative of the Delivery company shall inform the Customer by SMS or phone and shall agree with him/her on the extension of the Delivery term by a new period which shall not exceed 25 hours since the range initially set in the Order. Upon the expiry of an extension period, not completed by the product acceptance, the Order shall be automatically cancelled. In all cases mentioned above, the amounts paid online with bank card shall be refunded to the Customer into his/her account the same day, less the value equivalent to the processing fee.

 

7.   Right of withdrawal and return policy

7.1   Except for the cases expressly mentioned within the Terms and Conditions, the Customer is entitled to withdraw from the Contract, i.e. to return a product on the Customer’s own expense, within fourteen (14) calendar days, without mentioning any reason and without incurring other costs but the return ones. Thus, as per OUG no. 34 / 2014, the period of returning a Product or quitting a Product expires within fourteen (14) calendar days since:

(a)    the day when the Purchaser physically takes over the latest Product if the Customer orders in a single Order multiple products to be delivered separately;

(b)   the day when the Purchaser physically takes over the latest Product or the latest part in case of delivery of a Product consisting in several lots or parts.

7.2   If the Purchaser decides to withdraw from the Contract, he/she can fill in the return form to be found in the Return Policy Section.

7.3   If the Customer requests the withdrawal from the Contract within the legal term for withdrawal from the Contract, he/she must return also the possible gifts which have accompanied the said Product. If the Order has been paid off, Mumu Toys shall refund the amount within a term not to exceed fourteen (14) days since the receipt of the whole return package and the denunciation letter (if the two of them are notified separately, the fourteen (14) calendar days shall be calculated since the latest one received). The amount shall be returned as follows:

(a)   for Orders paid by online card: by reimbursement into the bank account wherefrom the payment was made;

(b)   for Orders paid by money order or cash on delivery or bank card: by bank transfer into the bank account wherefrom the payment was made;

(c)   for Orders paid by cash on delivery: by bank transfer into the bank account mentioned by the Customer.

7.4   Mumu Toys may postpone the amount reimbursement up to the receiving of the delivered and sold Products or up to the receiving of a proof for their dispatch to Mumu Toys, if it did not offer to recover the Products itself (the latest date shall be taken into account).

7.5   If a Product ordered by the Customer cannot be delivered by Mumu Toys, the latter shall inform the Customer on that and shall return the Product value into the Customer’s account, within maximum seven (7) days since the day when Mumu Toys was aware of that or since the day when the Purchaser expressly notified his/her intent to terminate the Contract.

7.6   The following are excepted from the right of withdrawal from the Contract:

(a)   contracts for services, after the full performance of services, if the performance started with the prior agreement of the Purchaser and after he/she confirmed being aware of the fact that he/she shall not be entitled to withdrawal any more after the full performance of the Contract by Mumu Toys;

(b)   supply of Products whose price depend on the flows on the financial market which Mumu Toys cannot control and which can occur during the withdrawal period;

(c)   supply of Products made according to the Purchaser’s specifications or clearly customized;

(d)  supply of Products susceptible of quickly damaging or expiring;

(e)   supply of sealed Products which cannot be returned due to health protection reasons or due to hygiene reasons and which were unsealed by the Purchaser;

(f)   supply of Products which are, after delivery, and according to their nature, inseparably mixed with other elements.

7.7   No returns are accepted if the Products comply with at least one of the conditions below:

(a)   unauthorized interventions on the Products were made;

(b)   their packing is damaged or incomplete;

(c)   they show wear or excessive use traces;

(d)   scratches, chippings, blows or mechanical/electric shocks;

(e)   some of accessories received in the package are missing;

(f)   anything was written on the Product box;

(g)   the Product was part of a special Order. The special Order is one which is not part of the usual stock of Mumu Toys but can be delivered based on a fixed Order with an advance payment.

7.8   If the purchased Product is not functional or shows manufacturing vices, it shall be replaced with a functional Product, provided such non-compliance is notified in writing within 2 years since the Product receiving.

 

8.   Transfer of Product ownership

The risk of loss or damage of Products, as well as the ownership of the Products shall be transferred to the Customer upon delivery, after the Purchaser has made the payment in the location mentioned in the Order (the delivery is understood as signing for acceptance on the transport document supplied by the Courier or signing for acceptance on the invoice in case of deliveries made by the staff of Mumu Toys).

 

9.   Guarantee

9.1   Each Product traded by Mumu Toys has a compliance guarantee based on the provisions of the Law 449/2003.

9.2   Each Customer may request, in case of lack of compliance, firstly the Product repair or is entitled to request the Product replacement, without payment in either cases, except the case when the measure is impossible or disproportionate. The Product replacement is possible subject to available stocks.

9.3   To benefit from the guarantee, the Customer has the following obligations:

(a)   the Product was purchased from Mumu Toys and used only to the purpose it was designed;

(b)   to comply with the use instructions and to use the Product as per the manufacturer’s instructions;

(c)   to keep the guarantee certificate and the tax document used for the Product purchase;

(d)   to keep the original packing and all accessories in it, and to deliver them together with the products under guarantee.

9.4   The submission place for guarantee purposes is that mentioned in the guarantee certificate. Unless otherwise mentioned, the transport cost is borne by the Customer.

9.5   Causes for the guarantee loss:

(a)   mechanical damages or failures; excessive exposure to sun rays; lack or change of the Product series; changes of Product;

(b)   failure caused as a result of incompliance with the use, transport, handling and assembly instructions provided in the operation manual;

(c)   mechanical damage caused by the Product impact or degradation of mark with the Product make and series;

(d)   flooding, fire, sun exposure, electric discharge, improper assembly or changes, unauthorized interventions.

9.6   Mumu Toys does not offer guarantees to Customers:

(a)   if the purchased Product is not appropriate for the Customers’ requirements or expectations;

(b)   after expiry of the period for which Mumu Toys offers guarantee for the Product;

(c)   if the replacement of incompliant Products or components is impossible to be provided, including as a result of lack or equipment or related technology.

9.7   All other provisions included in the laws in force, on the guarantee of sold Products, remain valid. The Customers’ rights are those provided in the relevant laws. The guarantee does not extent on the possible damages caused by the use of Products.

 

10.   Liability

10.1   Mumu Toys does not assume any liability for failure to perform or improper performance of the Contract due to the Customer or due to a third part’s insurmountable or unforeseeable action or due to a major force event.

10.2   Mumu Toys cannot be held liable whatsoever towards any Customer using the Web Page or its Content.

10.3   Mumu Toys does not guarantee the Customer the access to the offered Product by means of the Web Page, if the latter failed to register, by passing through registration stages mentioned in Section 3 of the Terms and Conditions herein, and does not give him/her the right to unload or to partially and/or totally change the Content, to partially or totally duplicate the Content, to reproduce, or to use any Content of the Web Page in any other manner, or to transfer any Content to which it has and/or got access to any third part, based on a use agreement, without the prior written agreement of Mumu Toys.

10.4   Mumu Toys is not liable for the Content, quality or nature of other web pages linked to the Content, irrespective of the nature of those links. For the said web pages, their owners are fully liable.

10.5   Mumu Toys is exonerated from any fault in case of using web pages and/or Content sent by the Customer, by any means (electronic, phone, etc.), by means of web pages, e-mail or of an employee of Mumu Toys, when such use of the Content may or produces damages whatsoever to the Customer and/or to any third part involved in that transfer of Content.

10.6   Mumu Toys does not offer any direct or indirect guarantees that:

(a)   the Product and/or any Service shall be appropriate to the Customer’s requirements;

(b)   any Service supplied by the Web Page shall be uninterrupted, safe or without errors whatsoever;

(c)   the Products obtained free of charge or against payment by means of the Web Page shall correspond to the Customer’s requirements or expectations.

10.7   Subject to the provisions of the Terms and Conditions, the operators, administrators and/or owners of the Web Page are not liable in any way for their relations or consequences resulting from, but without being limited to purchases, special offers, advertising, promotions, or any other type of relation / connection / transaction / cooperation / etc. which may occur between the Customer and any of those directly or indirectly promoting by means of the Web Page.

10.8   Mumu Toys cannot be held liable for damages of any kind which the Customer of any third part may incur as a result of fulfilment by Mumu Toys of any of its obligations as per the Order and for damages resulting from the Product use after delivery and especially for their loss.

10.9   By creating and using the Account, the Customer / User assumes liability for maintaining the confidentiality of the Account data (user and passwords) and for managing the Account accessing, and, to the extent allowed by the laws in force, is liable for the activity carried out by means of his/her Account or by means of the Web Page.

10.10   By accessing the Web Page and/or creation of the Account and/or use of the Content and/or placing the Orders, the Customer / User expressly and clearly agrees on the provisions of the Terms and Conditions as the latest updated version notified within the Web Page, existing upon the date of the Account creation and/or of the Content use and/or upon the date of the Order placement.

10.11   Further to the Account Creation, the Content use represents the acceptance of amendments occurred on the provisions of the Terms and Conditions and/or of updated versions of the Terms and Conditions.

10.12   The provisions of the Terms and Conditions may be amended by Mumu Toys anytime, they are bounding for Customers / Users upon the displaying date in the Web Page. The acceptance of provisions under the Terms and Conditions is confirmed by ticking the proper checkbox in the Web Page and/or by sending the Order and/or by making an online payment and/or by using the Web Page.

 

11.   Personal data protection. Cookies

11.1   Personal data protection

11.1.1   Mumu Toys is registered as personal data operator, registered with the National Authority for Supervision of Personal Data Processing under the operator no. 16851;

11.1.2   According to the requirements of the Law no. 677/2001 to protect persons on the processing of personal data and on the free movement of those data, amended and completed, Mumu Toys must administer the personal data supplied by Users/Customer under safe conditions and only for specified purposes.

11.1.3   Personal data are collected for the following purposes:

(a)   information of Customers/Users on the status of their Account including the validation, dispatch and invoicing of their Orders, settlement of cancellations or of issues on any type regarding an Order, Products or purchased services;

(b)   sending of newsletters and/or periodical alerts, by using the electronic mail (e-mail, SMS).

11.1.4   The types of collected information may vary depending on the collection purpose. The personal information collected by means of this Web Page, of contact forms or of any other questionnaire may include:

(a)   identification data: name (name, surname, title etc.); address (street, town etc.); phone/ fax number(s); e-mail addresses;

(b)   contract data: contract number, address of delivery place, payment terms / invoicing data, bank account data. NETOPIA S.R.L. collects data required for online transactions by credit/debit card;

11.1.5   By filling in the data in the Account creation and/or Order form, the Customer states and unconditionally accepts that his/her personal data be included in the data base of Mumu Toys, registered with the Register of Personal Data Processing under number 16851, and expressly and unequivocally agrees that all those personal data be stored, used and processed for the purpose provided in point 11.1.3 above.

11.1.6   By reading the terms and conditions the Customer/User is aware that he/she is guaranteed the rights provided by law, i.e. the right to information, the right to data access, the right to intervention, the right to opposition, the right not be subject to an individual decision, the right to refer to court in case of breach of the rights guaranteed by the Law no. 677/2001 to protect persons on the processing of personal data and on the free movement of those data.

11.1.7   Based on a written application, dated, signed and sent to the address Horia Macelariu Street, no. 59, ap. 203, Sect. 1, Bucharest, kind attention of Mumu Toys SRL., the Customer/User may exercise, free of charge, for one application per year, the right to be confirmed whether his/her personal data are processed or not.

11.1.8  Based on a written application, dated, signed and sent to the address Horia Macelariu Street, no. 59, ap. 203, Sect. 1, Bucharest, kind attention of Mumu Toys SRL., the Customer/User may exercise, free of charge, the right to intervention on the data, as applicable:

(a)   rectification, update, blocking or deletion of data whose processing does not comply with the Law no. 677/2001 to protect persons on the processing of personal data and on the free movement of those data, especially of incomplete or inaccurate data;

(b)   transformation into anonymous data of data whose processing does not comply with the Law no. 677/2001 to protect persons on the processing of personal data and on the free movement of those data;

(c)   notification to third parts to whom the data were disclosed, if such notification does not prove impossible or does not supposes a disproportionate effort as compared to the legitimate interest which might be injured.

11.1.9   Mumu Toys SRL may also supply the Customer’s personal data to other companies with which it has partnership relations, but only based on a confidentiality agreement from their part and only for the purposes mentioned in point 11.1.3., guaranteeing that those data are maintained safely and those personal data are supplied as per the laws in force, as follows: to providers of delivery services, to providers of marketing services, insurers, to providers of payment/banking services or other services provided by companies with which we can develop joint tendering programs of our Products and Services in the market.

11.1.10   The Customer’s personal information may also be supplied to the prosecutor’s office, policy, courts and other authorized bodies of the state, based and within the limits of legal provisions and as a result of some demands expressly stated.

11.1.11   Each time the Web Page is accessed, the following information is registered for the internal use of Mumu Toys and for the purpose of making statistics, individual users remaining anonymous:

(a)   name of accessed file;

(b)   day and time of the Web Page accessing;

(c)   quantity of sent information;

(d)   information on the successful loading of the Web Page;

(e)   type of web browser used;

(f)   searching domain.

11.1.12   The data supplied by a User / Customer are strictly confidential. Mumu Toys undertakes before its Users / Customers not to provide those data to some unauthorized third parties and to use them strictly for the development of the business relation between the User / Customer and Mumu Toys. According to the requirements of the Law no. 677/2001 to protect persons on the processing of personal data and on the free movement of those data and of the Law no. 506/2004 to process personal data and protect the private life within the electronic communication field, Mumu Toys undertakes to administer and process the personal data supplied by the User / Customer under safe conditions and only for the specified purpose.

11.1.13   The personal data shall be used and processed only as long as the activities and services mentioned in the Web Page are performed to the User / Customer. Mumu Toys shall delete the data when they fulfilled their purpose or they shall be blocks against a further processing.

11.1.14   The rights granted by the provisions of the Law no. 677/2001 to protect persons on the processing of personal data and on the free movement of those data are applicable, i.e.:

(a)   the right to obtain, upon request and free of charge, the confirmation that the User’s / Customer’s data are processed by Mumu Toys;

(b)   the User’s / Customer’s right to oppose anytime, for just and legitimate reasons related to his/her particular situation, that his/her personal data be subject to processing, except for the cases when there are contrary legal dispositions. In case of justified opposition, the processing shall not regard the respective data any longer.

(c)   the User’s / Customer’s right to oppose anytime, free of charge and without any justification, that his/her personal data be subject to processing for marketing purpose.

(d)   the User’s / Customer’s right to refer to the court if he/she incurred a damage after the processing of his/her personal data.

(e)   the User’s / Customer’s right to submit a claim to the supervision authority if he/she deems his/her data have not been processed according to the law.

11.2   Cookies

11.2.1   When the Web Page is visited, a cookie can be automatically installed on the User’s / Customer’s browser. The users of the Web Page can disable this cookie by using the navigation setting in the web browser.

11.2.2   Most internet navigation applications are initially set to accept cookies used on this Web Page, and this together with the agreement expressed in the information band displayed upon the first navigation on this site represents the tacit agreement of the User in relation to the use of those cookies, as per the provisions of the Law no. 506/2004.

11.2.3   As regards the Mumu Toys policy on cookies please access the Section Cookies.

 

12.   Rights of intellectual and industrial property

12.1   Mumu Toys guarantees that it owns, directly as owner, or indirectly as holder of a license or based on another document on the valid obtaining of the rights of intellectual and industrial property, the rights of intellectual or industrial property on brands, names, drawings and industrial designs of delivered Products and on the Content.

12.2   The User / Customer is not allowed to reproduce, share, publish, transfer to third parties, modify and/or otherwise change, use, reverse technology, connect to, expose, include any Content in any other context but that intended by Mumu Toys, to include any Content outside the Web Page, to remove the signs representing the copyright of Mumu Toys on the Content as well as to participate in the transfer, sale, distribution of some materials made by reproducing, changing or displaying of the Content or of some parts thereof otherwise but with the written express agreement of Mumu Toys.

12.3   The User / Customer may reproduce, transfer and/or use the Content (in full or in part) only for personal or non-commercial purposes and only if they do not contravene the provisions of the Terms and Conditions.

12.4   If Mumu Toys grants the User / Customer the right to use, under the form described in a separate agreement of use, a certain content, to which the User / Customer has or gets access after that agreement, that right extends only to that or those contents defined in the agreement, only for the period of its existence or of that content on the Web Page or the period defined in the agreement, as per the defined conditions, if they exist and does not represent a contractual commitment from the part of Mumu Toys for the said User / Customer or any third part who has/gets access to that transferred content, by any means and which could be or is damaged in any way as a result of that content, during or after the expiry of the agreement of use.

12.5   No Content sent by the Customer / User, by any means communication medium (electronic, phone, etc.) or acquired by him/her by accessing, visiting and/or viewing does not represent a contractual obligation of Mumu Toys and/or other natural person or legal entity acting on behalf and/or on its account who mediated the transfer of Content, if it exists, as compared to that content.

12.6   Any use of the Content for other purposes than those expressly allowed by the Terms and Conditions or by the agreement of use accompanying them, if existing, is forbidden.

 

13.   Confidentiality

13.1   Mumu Toys shall keep the information of any type supplied by the Customer / User as confidential. The supplied information may be disclosed only under the conditions mentioned in these Terms and Conditions.

13.2   No public statement, notification whatsoever or any other disclosing manner to third parties may be made by a User / Customer as regards the Order / Contract or the Web Page without the prior written agreement of Mumu Toys.

13.3   By sending information through this Web Page, the User / Customer grants Mumu Toys unrestricted and irrevocable access to it, the right to use, reproduce, display, change, send and share those information. The User / Customer agrees that Mumu Toys may freely use, for its own interest, those information, ideas, concepts, know-hows or techniques sent by the User / Customer / Purchase by means of the Web Page.

13.4   By registering in the data base of Mumu Toys, the Customer / Purchaser expressly agrees, within the limits of laws in force, to be contacted by third parties, partners of Mumu Toys, providers of marketing services, other providers of services with a view to fulfilling the purpose of the Contract concluded between the Purchaser and Mumu Toys, as well as state, government agencies, when the applicable laws provide that; but also by other companies with which Mumu Toys may develop joint programs of Product tendering on the market.

 

14.   Assignment

Mumu Toys may assign, transfer or dispose to a third part any obligation to perform the Order, with the prior information of the Customer / Purchaser, his/her agreement not being required. Mumu Toys shall be always liable towards the Customer for all contractual obligations.

 

15.   Major Force

15.1   No part shall be liable for any breach of the Contract as long as, and to the extent that the valid performance of such a provision is prevented by a Major Force event according to the definition given in the Civil Code. However, the Major Force event shall not affect the payment obligation of any of the Parties as regards any amounts due based on the Contract, confidentiality obligations or personal data protection.

15.2   The Major Force event must be certified by competent authorities, to have occurred after the Order confirmation, to prevent the part or the parties to fulfil their contractual obligations. The Major Force event exonerates from any liability the part invoking the Major Force, provided that it is faultless. Major force event is considered, among others: war, disaster, earthquake and/or major fire, natural disasters, epidemics, strikes, civil war and others similar.

15.3   For the Major Force to exonerate from liability, the Part invoking it has the obligation:

(a)   to inform the other Part, in writing, on the occurrence of the Major Force event within five (5) days since it occurrence;

(b)   within ten (10) days since the occurrence of the Major Force event to request the competent authority a formal certificate ascertaining the said Major Force event;

(c)   to send a copy of the certificate to the other Part in writing, within five (5) days since the receiving date of the formal ascertaining certificate from the competent authority;

(d)   to take all possible reasonable steps under the given circumstances to mitigate the consequences caused by the Major Force event invoked.

15.4   Throughout the Major Force period, the Contract performance is suspended, its terms being extended by the period of the Major Force event existence.

 

16.   Applicable law. Settlement of disputes

16.1   The contract shall be governed by and construed as per the Romanian laws, particularly the Law no. 365/2002 on electronic commerce and the Emergency Ordinance no. 34/2014 on the consumers’ protection when concluding and performing remote contracts.

16.2   Any dispute between the Parties resulted from or in connection to the Contract, including those related to its validity, force, interpretation or conclusion, or in relation to the Web Page shall be amiably settled. If the amiable settlement is not possible within thirty (30) days since the day of their commencement, the disputes between the Parties shall be settled by the competent courts.

16.3 The User / Customer may apply to the Online Settlement of Disputes (platform SOL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=RO) if he/she is not satisfied with a Product or service, without referring to courts.