Terms and Conditions

The website www.ultramon.ro, hereinafter referred to as the “site”, is administered by ULTRAMON PLUS S.R.L., hereinafter referred to as “ULTRAMON”, having the following identification data:

Unique Registration Code RO 14490859,

Registration number with the Trade Registry J2002000761136,

Registered office at Aleea Macilor no. 2, bl. B2, sc. C, ap. 44, ground floor, Constanța, 900587.

Tel.: 0241 630700, Fax: 0241 630166, E-mail: office@ultramon.ro., Mobile: +40 744 630741.

Use of this site is equivalent to reading, understanding and accepting by the Client the terms and conditions detailed below. We recommend reading them carefully both at the time of the first access to the site www.utramon.ro and periodically. Ultramon reserves the right to modify and update the content of this site at any time, without prior notice. Clients expressly accept that the mere use or access of the services offered by ultramon.ro signifies full and unconditional acceptance of these conditions, together with any subsequent amendments.

Ultramon grants the Client limited access, for personal interest (placing online orders, information), on the site www.ultramon.ro and does not confer the right to download or modify, partially or fully, to reproduce, partially or fully, the content of the site, to copy, to sell/resell or to exploit the site in any other manner, for commercial purposes or contrary to the interests of Ultramon, without its prior written consent.

If Ultramon does not act in relation to a breach of these Terms and Conditions, this does not mean it waives its right to act in relation to future or similar breaches. If a court finds that any provision of these Terms is unenforceable or invalid, that provision will be applied to the maximum extent permitted by applicable law and the remaining Terms will remain in force and fully applicable.

The Client may not assign, delegate or transfer the rights or obligations contained in these Terms and Conditions.

In case of divergence or misunderstandings between the “site” and the Client, the Terms and Conditions valid at the time of the Order shall apply.

The relationship between the parties is governed, mainly, by the following legal acts:

• Government Ordinance no. 21/1992 on consumer protection
• Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals
• Law no. 363/2007 on combating unfair practices of traders in their relationship with consumers and harmonizing regulations with EU consumer protection legislation
• Law no. 365/2002 on e-commerce.

1. Definitions

Client – natural person / legal entity placing an Order.

Products and Services – any product or service mentioned in the Order, to be supplied by Ultramon to the Client.

Order – an electronic document serving as a form of communication between Ultramon and the Client, by which the Client expresses the intention to purchase certain Products and/or Services and to pay for them.

Courier – any public or private legal person providing express courier services.

2. Intellectual Property Rights

The entire content of the site ultramon.ro, including but not limited to: images, texts, web graphic elements, scripts, software, design rights, model rights, patents, registered trademarks, is entirely the property of Ultramon (or, as the case may be, of its suppliers) and is protected by the Copyright Law and related rights and by laws on intellectual and industrial property. Use without the explicit written consent of Ultramon of any of the above-mentioned elements is punishable according to the legislation in force. The sUltramon.ro logos are for the exclusive use of Ultramon. The use on ultramon.ro of any registered trademarks of third-party companies does not constitute advertising for those companies.

3. Disclaimer

Ultramon assumes no responsibility and cannot be held liable for damages arising from the use of the content of ultramon.ro. Ultramon cannot guarantee that the site, the servers on which it is hosted, or e-mails sent from office@ultramon.ro are free of viruses or other potentially harmful IT components, that they do not contain errors, omissions, malfunctions, delays or interruptions in operation or transmission, line failures or any other similar factors. The Client uses the site at their own risk, ultramon.ro being free of any liability for any direct or indirect damages caused by the use or access/visit of the site or as a result of using the information on the site. Ultramon is not responsible for errors or omissions that may occur in the drafting or presentation of materials on the site.

The information on ultramon.ro is for information purposes only (product photos are for presentation purposes) and is provided in good faith, from sources that Ultramon considers reliable. The images and/or descriptions of the products presented on the site may undergo changes related to appearance, specifications, etc., depending on changes made by the manufacturer. If any of the published articles or any other information falls under the Copyright Law and related rights, the Client is asked to notify Ultramon at office@ultramon.ro so that the necessary legal measures can be taken.

ultramon.ro reserves the right to cancel Orders for Products and/or Services that are displayed on the site as a result of technical errors, or which, due to technical errors, show obviously erroneous/derisory prices for Products.

Any links to other sites are offered solely for the purpose of increased accessibility of information, and ultramon.ro assumes no responsibility or liability for the content of those sites or for the products or services promoted or marketed through those sites.

ultramon.ro reserves the right to make changes and updates to these Terms and Conditions, as well as to the offer, without prior notice and without stating the reasons; ultramon.ro also reserves the right to correct any omissions or display errors that may occur as a result of typing mistakes, lack of accuracy or software product errors, without prior announcement. Implicitly, ultramon.ro does not assume responsibility for possible price or stock errors. These errors do not oblige ultramon.ro to any action. Prices and availability of products marketed by ultramon.ro may change subsequently, this being influenced by external factors such as the pricing policy of manufacturers or the availability of products in their stock. The confirmation of the order and implicitly of the stock and sale price is carried out only after it is processed by ultramon.ro agents. Please read the Terms and Conditions carefully each time you use this site.

4. Limiting access to the site

Clients of ultramon.ro may make comments and any other communications, may send suggestions, questions or information, provided their language is civilized and the content of the communications is not illegal, obscene, threatening, defamatory, does not in any way disturb the private life of other persons, does not infringe intellectual property rights, does not contain viruses, is not used for promotional campaigns unrelated to ultramon.ro, does not consist of mass e-mails or any other form of spam. Persons who use a false e-mail address or transmit electronic messages or any other communications on behalf of another natural or legal person or on behalf of any other entity will be reported to the competent authorities. ultramon.ro does not assume responsibility and cannot be obliged to any compensation for any kind of damages caused by such communications. In the case of sending or displaying materials/documents involving texts, replies, reviews, etc., formulated by Clients, it is considered that the respective Client guarantees their originality and grants ultramon.ro and its affiliates/associates the non-exclusive, unlimited, free, irrevocable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works, as well as the right to distribute and display these contents anywhere in the world, by any means. The Client guarantees that they have all rights over the content they display or transmit on the site, by any means, so that, by using this content, no damage is caused to any third-party entity, natural or legal person.

5. Processing of personal data

When a Client creates an account on ultramon.ro, they will receive commercial communications from ultramon.ro only to the extent that they have expressly given their consent, by selecting the appropriate option.

According to Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented, and Law no. 506/2004 on the processing of personal data and the protection of privacy in the electronic communications sector, ultramon.ro is obliged to process, under security conditions and only for the specified purposes, the personal data provided by Clients.

The purpose of collecting personal data may be: economic-financial management, advertising, marketing, publicity, statistics, electronic communications services, informing Clients regarding the status of their account on ultramon.ro, informing Clients regarding the progress and status of Orders.

Completion by Clients of forms on the site is equivalent to unconditional acceptance that these data will be included in the database of ultramon.ro and that they will be used and processed by ultramon.ro, its affiliates and collaborators, for carrying out the activities listed above, including but not limited to: marketing service providers, courier services, payment/banking services.

Clients are guaranteed the rights provided by Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, namely the right to be informed, the right of access to data, the right to intervene, the right to object, the right not to be subject to an individual decision, the right to address the courts in case of violation of their rights. Clients have the right to request the total or partial deletion of personal data. The Client may request any of the rights listed above based on a written, signed and dated request addressed to Ultramon. Refusal to provide these data makes it impossible to honor Orders.

If the Client changes, using the forms on the site, the personal data already provided to ultramon.ro and there are Orders in progress, the Orders retain the data from the time the Order was placed and the delivery of the products will be made taking into account the data previously provided.

ultramon.ro does not request from its Clients through any means of communication (telephone/e-mail etc.) confidential information, bank account data, personal passwords etc. If the Client discloses them to third parties, they bear full responsibility for their actions. Thus, in cases of disclosure of such data, the Client cannot hold ultramon.ro responsible for any kind of damage.

6. Client registration

To create an account on the site ultramon.ro, the Client is required to use a valid e-mail address. ultramon.ro may refuse the registration request in situations where it finds that information not in accordance with reality has been used.  

7. Price

Toate prețurile sunt exprimate în Lei, includ TVA și sunt finale. Prețurile sunt cele de la data comandării produselor, indiferent de eventualele modificări ulterioare ale prețurilor. Prețurile de livrare, precum și taxa de ramburs (dacă se optează pentru această modalitate de plată) sunt suportate de client.

If the cash-on-delivery payment method is chosen, this method of payment involves a cost that will be borne by the client, in accordance with the fee set by the courier company.

For example, the formula for calculating the additional cost for cash-on-delivery payment at Fan Courier is: (COD value x 2% + 15.00 lei envelope fee) + 21% VAT.

8. Order

To activate the service, the Client must set the preferred Order details (where it should be delivered, the shipping method and the payment method) in the Client account, and these settings will be retained and used for each Order. These settings can be changed at any time, becoming operative starting with the next placed order. By finalizing the Order, the Client guarantees that all data provided are real and correct, otherwise they may bear the consequences of these errors (delayed order, misdirected order etc.).

ultramon.ro cannot be held responsible for incorrectly entered information, which may result in delivery delays. In this context, all transport fees incurred for reshipping the Order will be borne by the Client.

By finalizing the Order, the Client agrees that an Ultramon representative may contact them, by any means available, agreed by the Parties (e-mail/phone) for personal confirmation of the Order.

According to Law no. 365/2002 on e-commerce, Article 9, the Client’s contract regarding the purchase of the Products mentioned in the Order is not fully concluded until ultramon.ro sends an e-mail/notification in the Client’s account, informing them that the Products have been shipped.

ultramon.ro may refuse an Order following prior notification to the Client, without obligations between the parties and without either party being able to claim damages, for the following situations:

• failure/invalidity of the online transaction;
• non-acceptance by the issuing bank of the Client’s card/transaction;
• incomplete or incorrect Client data;
• the Client’s activity may cause damage to the ultramon.ro site/partners;
• consecutively failed deliveries;
• other objective reasons (for example, but not limited to: where the Client does not guarantee that the method of payment is valid and not obtained through a fraudulent method, there are suspicions regarding the method of payment, etc.).

Even if it has taken all measures to ensure that the information presented on this site is accurate and correct, ultramon.ro cannot be held responsible for inaccuracies that may occur in the completion by the Client of the forms on the site for finalizing the Order. Clients are responsible for assessing the accuracy, completeness and usefulness of the information provided in the forms available on this site.

9. Invoicing – payments

The price and the payment method are specified in the Order. Ultramon will issue to the Client an invoice for the Products and Services delivered, and the Client is obliged to provide all the information necessary to issue the invoice in accordance with the legislation in force. 

10. Payment methods

• Cash payment is made in Lei, in full, upon delivery. For parcels delivered by courier, the courier will issue a receipt. The COD fee is borne by the client, in accordance with the value set by the courier company.
• Bank transfer to Ultramon’s bank account.
• Online card payment, via the Netopia application.

11. Return in case of hidden defects is granted in the following situations:

• If a product presents non-conformities that make its use unsafe or impossible, it will be replaced;
• If the reported defect cannot be removed due to its disproportionate nature, and replacement of the product is not possible, the Client will have the possibility to receive the amount of money into a bank account in RON;
• In the case of other defects that cannot be removed, and which require replacement of the product.

Depending on the nature of the situation, proof of purchase of the product is sufficient and necessary.

Exclusively, in the case of returns related to non-conforming products, according to this article, transport costs are borne by Ultramon.

To benefit from these, the Client has the following obligations:

• the product must have been purchased from ultramon.ro and used only for the purpose for which it was designed;
• to comply with the instructions for use/storage/handling and to use the product according to the instructions;
• to keep the fiscal document with which the product was purchased;
• to keep the original packaging and all accessories that came with it, and to deliver them together with the product.

Reasons for non-acceptance of the return:

• damage to the packaging; excessive exposure to solar radiation;
• damage caused as a result of non-compliance with the instructions for use/storage/handling.

All other provisions contained in the legislation in force, regarding the coverage by ultramon.ro of hidden defects of the products sold, are valid. Clients’ rights are those provided in the legislation in the field, and they do not extend to any damages caused by the use of the product.

12. Delivery

For products in stock, delivery will be made according to the Client’s option: by Courier or personal pickup. As a rule, delivery in Constanța and nationwide is made within 48 hours (by the end of the next business day) for orders confirmed by 15:00 and within 48 hours (by the end of the second business day) for orders confirmed after 15:00.

Attention! Due to the very short processing time of Orders, it is impossible to operate changes to Orders already confirmed.

If the products are unavailable (including where the price or some characteristics of the products have changed after confirmation of the Order), Ultramon will inform the Client of the unavailability, and the amounts paid online will be refunded within 14 days. The Client may, at their sole discretion, confirm the changes regarding the price or characteristics of the products, thus modifying the initial Order, and Ultramon will deliver the products according to the Order as modified.

13. Delivery conditions

At the request of ultramon.ro or the Courier, the Client will prove their identity, if necessary, by one or more documents issued by official authorities and will communicate the Order number assigned by Ultramon.

If the Client is unable to receive the Order personally, the Order will be left at the specified address only to a person over 18 years old and only upon communication to the Courier of the Order number.

No request for delivery of an Order can be honored if the Client does not meet the above conditions.

In the case of delivery of the Order (including at the Client’s workplace), and in the situation where the Courier cannot access the respective location, the Client must ensure that they can receive this Order.

The delivery conditions are supplemented by the Terms and Conditions of the agreed courier company - Fan Courier, which are available on the site www.fancourier.ro

Delivery is deemed to have been fulfilled by ultramon.ro at the time of handing over the Ordered products to the Client.

14. Receipt of products

The Client undertakes to sign the delivery note (AWB) presented by the Courier upon delivery of the ordered products. The Client will also check whether the products are damaged or whether there are shortages. By signing the delivery note, the Client acknowledges receipt in good condition and in full of the Ordered products.

15. Cancellation, refusal, order return

If an order to which a discount has been applied is canceled, refused or returned in full, the Client will only be refunded the amount actually paid.

16. Return policy

General conditions

ultramon.ro offers the possibility of return for clients who notify their intention within a maximum of 14 calendar days from receipt of the parcel, if non-conformities of the product are found that make its use unsafe or impossible.

The costs of returning the product will be borne entirely by the Client, except for returns caused by non-conformities/hidden defects of the product.

Return in case of hidden defects:

Products can be returned through any courier company that ensures delivery of the return parcel to the registered office/work point of Ultramon.

17.1 Methods and deadlines for returning products

The Client undertakes to notify ultramon.ro of their intention to return the purchased products by e-mail at: office@ultramon.ro, or on the site – Return form. Otherwise, ultramon.ro may refuse the parcel.

17.2 Conditions for returning products

In any situation of returning products, they must be in the same condition as received by the Client, in the original packaging, with intact labels and together with all documents that accompanied it (invoice, fiscal receipt, etc.). The returned products must be in the same condition as at receipt: without defects (except for hidden defects and except for defects already reported by the Client in correspondence with ultramon.ro).

Following the analysis of the returned Products, as well as compliance with the return conditions, Ultramon may accept/refuse the return. In the event of refusal, Ultramon will inform the Client of the reasons. Also, the shipment to the Client of products not accepted as return will be made exclusively at the Client’s expense and initiative.

According to art. 16 letters d) and e) of Government Emergency Ordinance no. 34/2014 Ultramon reserves the right not to accept the return of products that are likely to deteriorate (The Product can be returned only if it is in perfect condition, including the packaging, i.e., it shows no signs of wear, is unopened, namely sealed).

17.3 Deadlines for refunding the amounts paid

For full returns of orders, the Client receives the money related to the returned products and the cost of the initially paid transport (if applicable) within 14 calendar days from the date on which ultramon.ro accepts the return.

Pentru retururi parțiale de comenzi, Clientul primește banii aferenți produselor returnate, fără costul transportului achitat inițial.

18. Methods of filing a complaint

A complaint represents the possibility offered to the Client that, in accordance with existing legal norms, they submit a request to resolve situations considered by them as deviations from the legal or contractual conditions for the provision of products and services, to which they expect an answer or a resolution.

- by e-mail at: office@ultramon.ro.

Complaints will be received and processed from Monday to Friday, between 09:00-17:00.

The complaint can be submitted exclusively in written form. In the case of sending by mail, it will be done only with acknowledgment of receipt.

The notification must be addressed/submitted by the Client within no more than 14 calendar days from the date of purchase of the complained/contested product. It will be resolved within no more than 30 days from the date of receipt of the notification. If the complaint has not been resolved within this deadline, Ultramon will send a written notice regarding the reasons why it has not been resolved, within no more than 5 days from the expiry of the resolution deadline.

The notification must contain at least the following elements:

- the full name of the person submitting the complaint (name, in the case of a legal entity)

- their capacity (only if the person signing the complaint is an attorney-in-fact of another person or a representative of a company)

- identification data (domicile, personal identification number, series and number of identity document, in the case of a natural person / registered office, Unique Registration Code, order number at the Trade Registry Office, in the case of a legal entity)

- a complete description of the defect/those complained of, as well as the invoice number and the date of purchase of the products/services

- the correct and complete address to which Ultramon’s response will be sent

- the date of the complaint

- the signature of the person filing the complaint (and the stamp, in the case of legal entities).

Ultramon may be in a situation of impossibility to resolve the complaint if any of the above elements are missing.

Any complaint/notification sent within the deadline and containing all the elements listed above will be resolved within 30 days from the date of receipt thereof. Ultramon cannot guarantee a favorable resolution of the complaint/notification. If the client does not consider the solution offered by Ultramon to be appropriate, they may contact the National Authority for Consumer Protection (link), and if the measures thus ordered are not satisfactory, the competent court of law.   

19. Force majeure

None of the contracting parties can be held liable for failure (total/partial) or delay in fulfilling its obligations if these were caused by force majeure. The parties will inform each other immediately of the force majeure event and will take all necessary measures to limit the consequences of the event. If within 15 days the force majeure event does not cease, the parties have the right to unilaterally terminate the contract without being able to claim damages.

Force majeure will be proven according to the law.

20. Dispute resolution. Governing law

The contract will be governed by and interpreted in accordance with Romanian law. Any dispute arising between ultramon.ro and the Client will be resolved amicably. If this is not possible, the first means of resolution is mediation, under the law, and if this fails, the competent courts will be seized. 

21. Fraud

Creating multiple accounts using automatically generated addresses is prohibited and will be considered attempts at fraud. The owner of the site ultramon.ro reserves the right to suspend such accounts, to cancel the account without prior notice, notification, other formalities or compensation. Any attempt at fraud or any fraud (such as but not limited to: accessing the data of ultramon.ro clients, altering the content of the site, attempting to affect the performance of ultramon.ro servers, diverting the content of deliveries to third parties, etc.) will be punished according to criminal law.

22. Final provisions

If any of the clauses above becomes null or invalid, this will not affect the validity of all the other clauses.