Terms and Conditions

This English translation is provided for information only. In case of any discrepancy, the Romanian version prevails.

To make proper use of this website, we recommend that you read the terms and conditions of use of this website carefully.
Use of the website implies that you have read, understood and accepted the terms and conditions set out below. To be informed of all the conditions of use of this website, please read all of the following sections. SC CALIFORNIA TYRES SRL reserves the right to amend these provisions, or to correct any omissions, without prior notice.

1. Definitions

• Client – the legal or natural person who places an Order.
• User – the legal or natural person registered on the website who agrees to the terms and conditions.
• Seller or the Company – SC CALIFORNIA TYRES SRL.
• The Website – an online shop whose main activity is the sale of tyres for all types of motor vehicles, as well as providing information to clients.
• Account – the section of the website containing the client's information related to the website, order history, etc.
• Products and Services - the products or services that are the subject of the collaboration between SC CALIFORNIA TYRES SRL and its clients.
• Order – any document, electronic or written, by which the Client expresses the wish to purchase a product in exchange for the established price and by which the Company agrees to deliver it under the terms and conditions set out in the Order.
• Contract – the contract concluded between the Company and the Buyer without requiring their physical presence – the order confirmed by the Company.
• Specifications – all specifications and/or descriptions of the Products and Services as described on the website.
• Content – the information communicated by any means between the Company and the Client or User.
• Newsletter – electronic information sent by e-mail or SMS concerning the products or services of the website, promotions, news, competitions, useful information, etc.
• Stamp duty – the amount expressed in lei, paid by the Company to the company authorised to take over the collection, transport and recovery/recycling of waste electrical and electronic equipment, as provided for by the legislation in force. The stamp duty is included in the price of the product.
• Force majeure – an unforeseeable event, beyond the control of the parties, which cannot be avoided.

2. Copyright

2.1. The entire content of the website is the property of the Company and its suppliers and is protected by the copyright protection law – Legea nr. 8/1996. Use of any of the elements listed above without the Company's consent is punishable in accordance with the laws in force (administrative, civil or criminal). Accordingly, the following are expressly prohibited: accessing the website by automated devices or programs, or manually copying the content, as well as reading or publishing the content by other companies or websites for the purpose of comparison or analysis of any kind.
2.2. The photographs and data are used with the consent of the supplier, either directly or through its representatives in Romania.

3. User account

3.1. An account is created by accessing the Login/Register section and following the necessary steps. If you do not have an account, you can place a quick order, in which case the details requested relate strictly to delivery.
3.2. If the Company considers that the information entered by the User is incorrect or harmful, it reserves the right to block the User's/Client's account without prior notice.
3.3. By accessing the account, the Client or User can check and update their personal data, order history, wishlist, etc.

4. Online sales and disclaimer

4.1. The content of the website has been compiled in collaboration with the representatives of the brands found on the website.
4.2. The promotions and products on the website are available while stocks last.
4.3. Promotions and discounts cannot be combined.
4.3. The Company and its suppliers accept no responsibility for printing or display errors regarding prices, stock, characteristics, images, communication errors, etc. Such errors do not oblige SC California Tyres SRL to take any action.
4.4. If the price of a product or some of its characteristics have been entered incorrectly in our databases or displayed incorrectly, and delivery has not yet taken place, the Company reserves the right to cancel the delivery of that product and to inform the client of the error as soon as possible.
4.5. Furthermore, the images and descriptions of the products are presented on the website by way of example and do not constitute a contractual obligation; the products delivered may differ from the images in any way, due to changes in characteristics or design made by the manufacturers without prior notice.
4.6. The maximum value of the Company's obligations towards any client, in the event of non-delivery or improper delivery, is the amount collected by the Company from that client.
4.7. The Company may be contacted by telephone, by e-mail or by post. All contact details can be found on the website. The Company may handle the information received without any further justification being required.
4.8. To protect data, the website will ask Clients/Users to enter captcha-type validation codes manually.
4.9. All prices shown on the website are expressed in lei and include VAT and the green stamp duty.
4.10. In the case of online payments, the Company is not responsible for any additional costs borne by Clients (bank charges, etc.).

5. Assignment. Subcontracting

5.1. The Company may assign and/or subcontract to a third party services related to the fulfilment of the order, informing the Client, without the Client's consent being required.
5.2. The Company shall always remain responsible to the Client for all contractual obligations.

6. Order and contractual documents

6.1. By placing an order electronically or by telephone on the website, the Client agrees to the form of communication (telephone or e-mail) through which the Company carries out its operations.
6.2. An order confirmed by both the Company and the Client implies full acceptance of the Terms and Conditions.
6.3. The Company shall at no time consider an unconfirmed order as having the value of a Contract.
6.4. The Contract enters into force when the Seller confirms the Order. The terms and conditions of sale shall form the basis of the Contract thus concluded, supplemented by the Warranty Certificate issued by the Company or one of its suppliers.
6.5. The Order shall comprise the following documents:
• The Order (together with clear details of the delivery and billing data) and its specific conditions, together with any other specifications of the Client – if any – in electronic format.
• The Terms and Conditions – available on the website – accepted by the User/Client – in electronic format
• The warranty certificate for the purchased products – in the parcel or by e-mail
• The tax invoice – in the parcel or by e-mail

7. Placing an order

7.1. An order may be placed online or by telephone. A product added to the shopping cart is available for purchase only if it is in stock. Incomplete orders are not recorded and the products in the cart are not reserved.
7.2. Completing the order constitutes agreement that the data provided by the Client are correct (Name, Address, Contact details) and that the Client may be contacted, if necessary, in order to complete the purchasing procedure.
7.3. An order may be cancelled by the Company without any obligation, or any claim for damages by the parties involved, in the following situations:
• The Client requests cancellation of the order;
• The bank transaction is not accepted in the case of online payment;
• Incorrect or incomplete information provided by the Client;
• Products unavailable.
• The Client's activity on the Website may cause damage of any kind.
• The Client has at least 2 previous orders that were not collected.
• Other objective reasons;
• Force majeure.
7.4. On the website, product stock statuses are shown as follows:
• In stock: there are more than 4 units in stock.
• Limited stock: fewer than 4 units in stock.
• Out of stock – the product is not available and it is not known when it will be back in stock.
7.5. After completing the online order, the client will receive an order confirmation e-mail (which will meet the requirements of Article 7(2) and Article 8(7) of OUG nr. 34/2014 on the legal regime of distance contracts), after which the Client will be contacted by one of the Company's representatives to confirm the order and settle any details.
In accordance with the provisions of Article 1657 and Article 1660 of the Civil Code, the subject of the contract is the product sold, in exchange for which the Client is obliged to pay the price set on the website, this price being genuine and determined. Under this contract (Terms and Conditions), the Company undertakes to deliver the products and services ordered and the Client undertakes to pay the value of the order.

8. Invoicing. Payments. Payment methods

8.1. The prices shown on the website include VAT and the ECO tax, in accordance with the law in force.
8.2. Any price change occurring after an order has been completed but before it is delivered shall not be taken into account.
8.3. The payment method and payment term are specified in the Order. The Company shall issue to the Client an invoice for the Goods and Services delivered, and the Client is obliged to provide all the information necessary for issuing the invoice in accordance with the legislation in force.
8.4. The final price paid by the client consists of the price of the product and any shipping and/or collection costs. The Company does not charge the client any additional fee when purchasing the product. For any extra charge, you may contact office@anvelopecalifornia.ro immediately. Additional charges: delivery charges for additional kilometres.
8.5. The tax invoice may be sent both electronically and in the parcel. If the invoice is not sent electronically, or is not in the parcel, you can send an e-mail to sesizari@anvelopecalifornia.ro.
8.6. The payment methods available to Clients purchasing products from the online shop are:
• Cash on delivery: The order shall be paid in full, in cash, in lei, to the courier company's agent when the products are collected. The agent is obliged to issue proof of payment.
• Payment order or Internet banking: The order shall be paid in advance into the Company's account by Payment Order or Internet Banking, on the basis of the pro forma invoice issued by the Company.
• Company details:
- SC California Tyres SRL
- Tax identification code (CUI): RO33974332
- IBAN: RO05 BTRL RONC RT02 8402 0902
- Bank: Banca Transilvania, Baia Mare
The products will be delivered after payment into the above account has been confirmed.

10. Deadlines. Penalties. Delivery

10.1. Products ordered on the website are delivered by express courier within 24–48 hours of the order being processed, through the operators DPD and Fan Courier.

10.2. The parcel is accompanied by the relevant documents and is properly packaged.
10.3. The delivery time for products purchased from our company normally ranges from 2 days to 2 weeks from the moment the order is registered on the website.
10.4. If the Buyer, through its own fault, is late in paying for the goods within the term stated in the invoice issued by the Seller, it shall be obliged to pay a penalty of 0.5% per day of the amount due.
10.5. If the Company receives incorrect information regarding the invoicing or delivery of the products, a new deadline for fulfilling the order will be set, within 3 working days.
10.6. Products are delivered within the territory of Romania.

11. Risks. Responsibilities

11.1. Delivery: The Company undertakes to dispatch the Goods and Services to the Client by door-to-door courier service.
11.2. Transport – Packaging: Unless otherwise agreed between the Company and the Client, the Company is released from the risks and responsibilities associated with the Goods and Services when they are handed over to the domestic courier company with which the Company works or to the Buyer's representative.
11.3. The Company shall ensure that the Goods and Services are properly packaged and that the accompanying documents are sent.
11.4. The Company delivers the Goods and Services only within the territory of Romania.

12. Acceptance

12.1. Acceptance shall take place when the Goods and Services comply with the technical characteristics stated in the Order. If the Buyer discovers that the Products delivered or the Services provided do not comply with the technical specifications, the Company shall bring the Products and Services into conformity.

13. Transfer of ownership

13.1. Ownership of the Goods and Services shall be transferred at the moment the Buyer makes payment at the location indicated in the order (delivery meaning signing for receipt of the transport document provided by the courier, or signing for receipt on the tax invoice in the case of deliveries made by the Company's staff). In the case of delivery by courier, the courier is not authorised by the Seller to allow the Buyer to open the parcels before signing for delivery, but only after signing for delivery and paying any amount due for them, and only if this option is clearly specified.

14. Return of products

14.1. In accordance with OUG nr. 34/2014, the Buyer may return the purchased products within 14 calendar days, without giving any reason and without paying any costs other than delivery costs. The Buyer must return the entire contents of the parcel, including any gifts or vouchers, in their original and intact packaging.
14.2. The Company shall refund the value of the product purchased by the Buyer (less the transport charge) within a maximum of 14 days from the date of withdrawal from the Contract, in accordance with the provisions of Article 13 of the same ordinance. The amount will be refunded to the Buyer's bank account.
14.3. If the Buyer has paid by bank card for a product that cannot be delivered for various reasons, or wishes to cancel the order, the Company shall refund the value of the product to the Buyer within 7 days from the date on which the intention to terminate the contract was registered by the Buyer or the Seller.
14.4. Returns are not accepted for products that have been used, are worn, or show signs of fitting, cuts or deformation.
14.5. Further details on returning products, as well as the return form, can be found here.

15. Warranties

15.1. The warranty applies in accordance with Legea 449/2003 on the sale of products and the associated warranties and O.G. nr. 21/1992 on consumer protection.
15.2. All products sold through the website www.anvelopecalifornia.ro benefit from warranty conditions in accordance with the legislation in force and the commercial policies of the manufacturers. The products are new, in their original packaging, and come from sources authorised by each manufacturer.
15.3. In the case of warranty certificates issued by manufacturers, a product claimed to be defective during the warranty period must be presented directly to the nearest service centre listed in the certificate. This manufacturer-authorised centre will take full responsibility for resolving the warranty claim.
15.4. A missing product warranty certificate must be reported within a maximum of 48 hours of receipt of the goods, at the address provided in the “contact” section or by e-mail to sesizari@anvelopecalifornia.ro. Any later notification will not be taken into account.

16. Declaration of conformity

16.1. We, SC CALIFORNIA TYRES SRL, with registered office in Baia Mare, Bd. București nr. 42A, Maramureș County, postcode 430013, registered with the Trade Register (Registrul Comerțului) under no. J24/39/2015, with tax identification code (CUI) RO 33974332, hereby ensure, guarantee and declare on our own responsibility, in accordance with the provisions of Article 5 of HG nr. 1022/2002 on the regime of products and services that may endanger life, health, occupational safety and environmental protection, that the products we sell to which this declaration refers do not endanger life, health or occupational safety, do not have a negative impact on the environment, and comply with the regulations in force and with the manufacturer's technical specifications.

17. Applicable law. Jurisdiction

17.1. This contract is governed by Romanian law. Any disputes arising between the Client and the Company shall be settled amicably or, if this is not possible, the disputes shall be settled by the competent Romanian courts.
17.2. Legislation:
• Lege nr. 363/2007: on combating unfair commercial practices of traders in their relations with consumers and harmonising the regulations with European consumer protection legislation
• Lege nr. 449/2003: on the sale of products and the associated warranties
• Ordonanța nr. 21/1992: on consumer protection
• Ordonanța nr. 130/2000: on consumer protection in the conclusion and performance of distance contracts
• Legea 677/2001, as amended and supplemented, on the protection of individuals with regard to the processing of personal data and the free movement of such data.

18. Liability

18.1. The Company cannot be held liable for damage of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order, nor for damage resulting from the use of the Goods and Services after delivery, and in particular for the loss of products.
18.2. The Company shall be liable if its subcontractors and/or partners of any kind involved in the performance of the Order fail to fulfil any of the contractual obligations.

19. Force majeure. Fraud

19.1. Neither party shall be liable for failure to perform its contractual obligations if such failure is due to an event of force majeure.
19.2. Any attempt to access the personal data of a Buyer, to modify the content of the website www.anvelopecalifornia.ro or to affect the performance of the server on which it runs will be considered an attempt to defraud the website www.anvelopecalifornia.ro and will give rise to a criminal investigation against the person who made the attempt.
19.3. If an event of force majeure occurs and does not cease within 15 days of the date on which it occurred, the parties involved have the right to give notice of termination of the Contract without either party claiming damages from the other.

20. Limits on use of the website

20.1. When Users/Clients access the Website, they agree to the Terms and Conditions presented. They undertake:
• Not to carry out cracking, hacking or Denial of Service attacks
• Not to breach the security of the website or of the networks or servers on which it is hosted
• Not to modify, reproduce, copy or distribute the information found on this website for harmful purposes.
• Not to use obscene, aggressive, threatening, defamatory or racist language – especially in comments, reviews, etc.

21. Final provisions

21.1. The parties to the contract shall be considered independent contractors, and neither party is granted the right or authority to assume or create any obligation on behalf of or to the detriment of the other. The terms and conditions of this contract supersede any other prior written or oral agreements between the said Parties relating to the subject matter of this Contract and may not be amended or changed without a written agreement signed by both parties.
21.2. For any comments, suggestions, etc., please contact sesizari@anvelopecalifornia.ro.

22. Company details

SC CALIFORNIA TYRES SRL
Registered office: Baia Mare Municipality, Bd. București nr. 42A, Maramureș County, postcode 430013,
Trade Register (Registrul Comerțului) registration number: J24/39/2015
Tax identification code (CUI): RO 33974332.
IBAN: RO05 BTRL RONC RT02 8402 0902
Bank: Banca Transilvania, Baia Mare
E-mail: marketing@anvelopecalifornia.ro