Terms and Conditions

The website www.rail-forge.com (hereinafter referred to as the Website) is owned and managed by INARI IT GROUP SRL, hereinafter referred to as the “Seller”, with the following identification data: CUI 46698506, registered at the Trade Register under no. J35/3948/2022, with registered office at str. Vasile Alecsandri, nr.3, ap.3, jud. Timis, Timisoara

Seller – INARI IT GROUP SRL

Buyer – natural person / legal entity or any legal entity that makes an Account on the Site and places an Order.

Client – natural person/legal entity who has or obtains access to the CONTENT, by any means of communication made available by the SELLER (electronic, telephone, etc.) or under a user agreement existing between the SELLER and the SELLER and requiring the creation and use of an ACCOUNT.

User – any natural/legal person registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the Terms and Conditions section.

Account – the section of the Site consisting of an e-mail address and a password which allows the Buyer to submit Orders, access Goods and Services and which contains information about the Customer/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods guarantees, etc.).

Site –  www.rail-forge.com domain and its subdomains.

Order – an electronic document that acts as a form of communication between the Seller and the Buyer whereby the Buyer conveys to the Seller, via the Site, its intention to purchase Goods and Services from the Site.

Goods and Services – any product or service, including subscriptions, documents and services referred to in the Order, to be supplied by the Seller to the Buyer as a result of the Contract.

Campaign – the act of displaying for commercial purposes a finite number of Goods and/or Services with a limited and predefined stock for a limited period of time set by the Seller.

Contract – is the distance contract concluded between the Seller and the Buyer without the simultaneous physical presence of the Seller and the Buyer.

Content represents:

  • all digital products marketed by the Seller through the Site;
  • all information on the Site that can be visited, viewed or otherwise accessed using electronic equipment;
  • the content of any e-mail sent to the Buyers by the Seller by electronic means and/or any other available means of communication;
  • any information communicated by any means whatsoever by an employee/collaborator of the Seller to the Buyer in accordance with contact information, whether or not specified by the Buyer;
  • information relating to the Goods and/or Services and/or the rates charged by the Seller in a given period;
  • information relating to the Goods and/or Services and/or the rates charged by a third party with whom the Seller has partnership agreements in a given period;
  • data relating to the Seller, or other privileged data of the Seller

Review – a written assessment by the owner or beneficiary of a product or service, written on the basis of personal experience and their ability to make qualitative comments and say whether or not the product or service meets the specifications stated by the manufacturer.

Question –form of address to the representatives of INARI IT GROUP SRL in order to obtain information about the products or services of the site, coming in written form on the Site, by e-mail or social media and/or verbally by telephone.

Answer – written information that is sent to the User/Customer/Buyer who has asked a Question on the Site. The answer is an explanation provided by the representatives of INARI IT GROUP SRL.

Document – these Terms and Conditions.

Newsletter – means of regular information, exclusively electronic, i.e. electronic mail (e-mail or SMS) on the Goods and Services and/or promotions carried out by the Seller during a given period, without any commitment on the part of the Seller with reference to the information contained therein.

Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by the SELLER to the Buyer, using the services of the card processor agreed by the SELLER, regardless of the method of delivery.

2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) by which the Seller conducts its business operations.

2.2. The notification received by the Buyer after the Order has been placed is for information purposes and does not constitute acceptance of the Order. This notification shall be made electronically (e-mail) or by telephone.

2.3. For justified reasons, the Seller reserves the right to change the quantity of Goods and/or Services in the Order. If it changes the quantity of Goods and/or Services in the Order, it shall notify the Buyer at the e-mail address or telephone number made available to the Seller at the time of placing the Order and refund the amount paid.

2.4. The Contract shall be deemed to be concluded between the Seller and the Buyer upon receipt by the Buyer from the Seller, via e-mail and/or SMS, of the notification of confirmation of payment.

2.5. The document and information provided by the Seller on the Website shall form the basis of the Contract.

3.1. Access to place an Order is granted to any User / Customer / Buyer. For justified reasons the SELLER reserves the right to restrict the Customer/Buyer’s access to place an Order and/or to some of the accepted payment methods, if the SELLER considers that, based on the Customer/Buyer’s conduct or activity on the Site, his/her actions could in any way prejudice the SELLER. In any of these cases, the Customer/Buyer may contact the SELLER, at contact@rail-forge.com, to be informed of the reasons that led to the application of the aforementioned measures.

3.2. Communication with the SELLER may be made through direct interaction with the SELLER or through the addresses mentioned in the “CONTACT” section of the Site. The Seller is free to handle the information received without having to provide justification for it.

3.3. The SELLER may publish on the Site information about Goods and/or Services and/or promotions offered by the SELLER or by any other third party with which the SELLER has concluded partnership agreements, during a given period of time and within the limits of available stock.

3.4. All prices for Goods and/or Services presented on the Site are expressed in Euro (EUR).

3.5. In the case of online payments the Seller is/cannot be held responsible for any other additional costs incurred by the Buyer, including but not limited to currency conversion fees applied by the bank issuing the Buyer’s card, if the currency of issue of the card differs from EUR. The Buyer is solely responsible for this action.

3.6. Any information used to describe the Goods and/or Services available on the Site (static / dynamic images / multimedia presentations / etc.) does not represent a contractual obligation on the part of the Seller and is used solely for presentation purposes.

3.7. The products supplied by the SELLER are digital products, and therefore are not physical products, delivered on a material support (CD/DVD or other). Access to the purchased product will be effective only after confirmation of payment of the consideration. Upon successful completion of a payment, the Customer/Buyer has immediate and full access to the digital product purchased.

4.1. The law currently in force gives any citizen the right to withdraw from a distance contract within 14 days of its conclusion, without giving reasons and without any costs other than those provided for by law. However, this provision does not apply to products with digital content, which are not supplied on a tangible medium, from which the Customer/Buyer benefits immediately and in full, such as the products offered by the SELLER.

4.2. By accepting this Document, the Customer expressly agrees to benefit from the products purchased on www.rail-forge.com in full and immediately upon successful completion of the purchase.

4.3. Furthermore, by accepting this Document by the Customer, the Customer expressly agrees to waive the right to withdraw from the contract, given that all products marketed by the SELLER are digital products, not supplied on a physical medium and to which the Customer/Buyer has full and immediate access upon successful completion of any purchase on www.rail-forge.com.

5.1. The Content, as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of the SELLER, to which the SELLER reserves all rights obtained in this respect directly or indirectly (through licenses of use and/or publication).

5.2. The Customer/Buyer 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 the SELLER, include any Content outside of the Site, remove any markings indicating the SELLER’s copyright in the Content, or participate in the transfer, sale, distribution of any materials made by reproducing, modifying or displaying the Content, except with the express written consent of the SELLER.

5.3. Any Content to which the Customer/Buyer has and/or obtains access by any means whatsoever is subject to the Document, unless the Content is accompanied by a specific and valid use agreement between the SELLER and the Customer/Buyer, and without any implied or express warranty by the SELLER with respect to such Content.

5.4. If the SELLER grants the Customer/Buyer the right to use in the form described in a separate usage agreement, specific Content to which the Customer/Buyer has or obtains access pursuant to such agreement, such right shall extend only to that or those Content(s) defined in the agreement, only for the duration of the existence of that or those Content(s) on the Site or the period defined in the agreement, according to the defined conditions, if they exist and do not represent a contractual commitment on the part of the SELLER for the respective Customer/Buyer or any other third party who has/have access to such transferred content, by any means whatsoever and who could be or is in any way prejudiced by such content, during or after the expiry of the agreement of use.

5.5. No Content transmitted to the Customer or Buyer, by any means of communication (electronic, telephonic, etc.) or acquired by the Customer or Buyer by accessing, viewing and/or viewing shall constitute a contractual obligation on the part of the SELLER and/or the SELLER’s employee/employee who facilitated the transfer of the Content, if any, with respect to such Content.

5.6 Any use of the Content for purposes other than as expressly permitted by this Document or the accompanying User Agreement, if any, is prohibited.

6.1. The Customer/Buyer may place Orders on the Site by adding the desired Goods and/or Services to the shopping cart, and then complete the Order by making payment by one of the methods expressly indicated. Once added to the shopping cart, a Good and/or Service is available for purchase insofar as there is stock available for it. The addition of a Good/Service to the shopping cart, without the completion of the Order, does not entail the registration of an order, nor the automatic reservation of the Good/Service.

6.2. By completing the Order, the Buyer agrees that all data provided by him/her, necessary for the purchase process, are correct, complete and true at the time of placing the Order. The SELLER reserves the right not to be liable for incorrectly provided information.

6.3. By completing the Order, the Buyer consents that the Seller may contact the Buyer, by any means available/agreed by the Seller, in any situation where it is necessary to contact the Buyer.

6.4. The Seller may cancel the Order placed by the Buyer, upon prior notice to the Buyer, without any further obligation of either party to the other or without either party being entitled to claim damages against the other in the following cases:
6.4.1. non-acceptance by the Buyer’s card-issuing bank of the transaction in the case of online payment;
6.4.2. invalidation of the transaction by the card processor approved by the SELLER, in the case of online payment;
6.4.3. the data provided by the Customer/Purchaser on the Site is incomplete and/or incorrect;

6.5. If a Good and/or Service ordered by the Buyer cannot be delivered by the SELLER, the SELLER shall inform the Customer/Buyer of this fact and shall refund the Buyer’s account for the value of the Good and/or Service within a maximum of 15 (fifteen) working days from the date on which the SELLER became aware of this fact or from the date on which the Buyer expressly expressed his intention to terminate the Contract.

7.1. Information of any nature provided by the Buyer/Customer to the Seller shall remain the property of the Seller.

7.2. By registering in the database of www.rail-forge.com, the Customer/Buyer expressly consents, within the limits of the applicable law, to be contacted by employees of www.rail-forge.com.

7.3. The SELLER has implemented all necessary legal requirements at European level to ensure that our users’ data is protected. You will find legal information posted about how we collect and use personal data in each place where it is collected, as well as information about cookies on our website and how they can be managed.

7.4 We will never collect the Customer/Buyer’s personal data before we have their consent.

7.5. As a User/Customer/Customer of our website you have the right to request the deletion of all information related to your account (your account, newsletter subscription etc.).

7.6. By submitting information or materials through this site, you give the Seller unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute these materials or information. You also agree that Seller may freely use, for its own purposes, any such information, ideas, concepts, know-how or techniques that you submit to us through the Site. The SELLER shall not be subject to any obligations regarding the confidentiality of the information submitted, unless otherwise specified by applicable law.

7.7. By registering in the database of www.rail-forge.com, the Customer/Buyer expressly consents, within the limits of the legislation in force, to be contacted by third parties, partners of the SELLER: marketing service providers, other service providers for the purpose of fulfilling the object of the Contract concluded between the Buyer and the Seller, as well as state, governmental agencies, when specific legislation so provides; as well as by other companies with which the SELLER may develop joint programmes for offering Goods and/or Services on the market, etc.

7.8. If the Customer/Buyer authorises the collection of his/her personal data, the SELLER undertakes always to use them for the benefit of the Customer/Buyer. When we know more about the Customer/Buyer and his/her preferences, we can make recommendations that are relevant and useful to the Customer/Buyer and will save him/her time.

8.1. The SELLER’s newsletters are sent via specialised partners approved by the SELLER. This ensures the confidentiality and security of the information.

8.2. When the Customer creates an Account on the Site, he/she has the possibility to express his/her consent to receive Newsletters.
The Customer may change his or her consent to the consent given by the Seller at any time:

8.2.1. by contacting the Seller to this effect.
8.2.2. by accessing the unsubscribe link displayed in the commercial messages received from the Seller.

8.3. Opting out of receiving the e-Newsletter does not imply that the acceptance of this Document has been waived.

8.4. Promotions carried out by the SELLER fall under the law OG. No 99/2000 and they may undergo changes depending on the marketing campaigns implemented.

9.1. The price, method of payment and payment term are specified in each Order. The Seller shall issue an invoice to the Buyer for the Goods and Services delivered, and the Buyer is obliged to provide all the information required to issue the invoice in accordance with applicable law. Otherwise, the order will not be processed and will be declined.

9.2. The Seller shall send the Buyer the invoice for the Order containing Goods and/or Services sold by the SELLER, as well as for any other payments related to the Order, exclusively in electronic format, by adding the invoice to the Buyer’s Account or by electronic mail, to the e-mail address mentioned by the Buyer in his Account. The Invoice will contain the individual fingerprint ID.

9.3. In order to correctly communicate the invoice related to the Order, the Buyer is obliged to update the data in his Account whenever necessary and to access the information and documents related to each Order existing in the Account.

9.4. Through this means of communication, the Buyer, by accessing his Account, will have a record of the invoices issued by the SELLER, and will be able to save and archive them at any time and in any way he wishes.

9.5. By submitting the Order, the Buyer agrees to receive the invoices in electronic format by adding them by the SELLER to the Account or by electronic mail to the e-mail address mentioned in his Account.

9.6. If this information is unavailable for more than 48 (forty-seven) hours in the Account, please notify us by e-mail: contact@rail-forge.com.

9.7. The payment card data of the Customer/ User/ Buyer will not be accessible to the Seller nor will it be stored by the SELLER or by the payment processor integrated into the Site, but only by the institution authorizing the Transaction or another entity authorized to provide card identification data storage services, of whose identity the Customer/ User/ Buyer will be informed, prior to entering the data

9.8. For Transaction security reasons the Customer/User/Buyer is advised not to remain logged in to the Site and not to set the automatic login option on mobile devices. Disclosure of the account password is not allowed and it is recommended to use a strong security password (e.g. containing at least eight characters, including uppercase letters, lowercase letters, digits and special characters).

10.1. The seller assumes no responsibility and cannot be held liable for any damage or loss arising from the use of products and services purchased through this website in ways other than those recommended. The www.rail-forge.com website and related materials are used “as is” and “as available” without warranty of any kind. Users/Customers/Buyers expressly agree that use of this site and purchase of products is at their own risk.

10.2. The Seller does not warrant that the use of the Services will be uninterrupted, permanently available, error-free or that it will at all times meet the individual requirements or demands of Users/Customers/Buyers or any other defects in the Services offered. Furthermore, the Seller does not give any guarantee and assumes no responsibility for the connectivity and availability of the Services.

10.3. The Seller does not guarantee or warrant the accuracy, truthfulness, completeness or incompleteness of the information presented on the Site. The Seller’s involvement or non-involvement with respect to any information included on the Site shall not imply acceptance or endorsement of such information. The Seller shall not be responsible or liable for any loss or damage caused as a result of reliance on or lack of reliance on information disseminated on the Site or transmitted by any other means.

10.4. The Seller shall not be liable or responsible for any incidental, special, consequential or indirect damages of any kind arising out of or in connection with the use of or inability to use www.rail-forge.com and its marketed digital products, including without limitation damage, loss, injury, corruption of data or software, service interruptions and procurement of substitute services even if the Seller knows or has been advised of the possibility of such damages, unless caused by the Seller’s intent or gross negligence. To the maximum extent permitted by law, in no event shall Seller’s TOTAL liability (in any form whatsoever in connection with this Document or the use of www.rail-forge.com) exceed the amount Customer/Buyer has paid to Seller. If the User/Customer/Buyer has not paid for the use of www.rail-forge.com, the TOTAL liability of the Seller shall be void.

10.5. The SELLER shall not be liable and cannot be held liable for any damages, whether direct, indirect, special, general, compensatory, consequential and/or incidental, arising out of the User/Customer/Buyer’s or anyone else’s activity in connection with the use of www.rail-forge.com and/or the products sold on the Site, including and without limitation personal injury, emotional distress and/or any other damages caused by communicating with or meeting other Users/Customers/Buyers of the SELLER outside of or through the Site. The SELLER shall have no liability for any promises or commitments made by any of the Users/Customers/Buyers and any actions or inactions resulting therefrom.

10.6. The SELLER grants the User/Customer/Buyer limited access to this site for personal use and does not grant the SELLER the right to download or modify part or all of the site, reproduce part or all of the site, copy, sell/resell or exploit the site in any other manner for commercial purposes or contrary to the SELLER’s interests without the SELLER’s written consent.

10.7. Users/Customers/Buyers of the Site may make comments and any other communications; transmit suggestions, ideas, questions or other information, as long as their content is not illegal, obscene, threatening, defamatory, in any way disturbs the privacy of others, infringes intellectual property rights, contains no viruses, texts targeting various promotional campaigns, chain letters, mass mailings or any other form of spam. Users/Customers/Buyers who use a false e-mail address or send electronic messages or any other communication on behalf of another natural or legal person or on behalf of any other entity will be sanctioned in accordance with the laws in force. The Seller has the right to delete any such content identified on the site.

10.8. The Seller shall not be liable or liable to pay any compensation for any damage caused by such communications. In case of sending or displaying materials/documents, the user shall be deemed to grant the Seller and its affiliates/associates the non-exclusive, unlimited, free, irrevocable and retransferable right to use, reproduce, modify, adapt, publish, translate, create derivative works, as well as the right to distribute, present these contents anywhere in the world by any means. The Seller and its affiliates/associates or those to whom it retransfers the license right are also granted the right to use the name that you associate with such content. The User/Customer/Buyer warrants that it has all rights to the content it displays or transmits on the site, by whatever means, so that, by using such content, it does not cause harm to any person.

10.9. By creating and using the Account, the Customer/User/Buyer assumes responsibility for maintaining the confidentiality of the Account data (user and password) and for managing access to the Account, and, to the extent permitted by applicable law, is responsible for the activity carried out through his/her Account.

10.10. By creating the Account and/or using the Content and/or placing Orders, the Customer / User / Buyer expressly and unequivocally accepts the Terms and Conditions of the Site in the latest updated version that is communicated on the Site, existing at the date of creation of the Account and/or use of the Content and/or at the date of placing the Order.

10.11. Subsequent to the creation of the Account, the use of the Content shall constitute acceptance of the changes to the Site Terms and Conditions and/or the updated versions of the Site Terms and Conditions.

10.12. The Terms and Conditions of the Site may be modified at any time by the Seller, and they shall be binding on Customers / Users / Buyers from the date of posting on the Site. Acceptance of the Terms and Conditions of the Site is confirmed by ticking the appropriate checkbox on the Site and/or by submitting the Order and/or making an online payment.

11.1. In accordance with the requirements of Law No. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, as amended and supplemented, the SELLER is obliged to manage safely and only for the specified purposes, the personal data you provide us.

11.2. The purpose of data collection is:
– informing Customers/Buyers of the status of their Account including validating, dispatching and invoicing Orders, resolving cancellations or problems of any nature relating to an Order, the Goods and or services purchased;
– sending newsletters and/or periodic alerts, using electronic mail (e-mail, SMS);
– market research, tracking and monitoring of sales and Customer/Buyer behaviour.

11.3. By filling in the data in the Profile Creation and/or Order Completion form, the Buyer declares and unconditionally accepts that his/her personal data will be included in the SELLER’s database and expressly and unequivocally agrees that all such personal data will be stored, used and processed for the purposes set out in paragraph 11.2 above.

11.4. By reading the Document, you are aware that you are guaranteed the rights provided by law, namely the right to information, the right of access to data, the right of intervention, the right to object, the right not to be subject to an individual decision, the right to apply to the courts in case of violation of the rights guaranteed by Law 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data.

11.5. On the basis of a written request, dated, signed and sent to Vasile Alecsandri str., nr.3, ap.3, jud. Timis, Timisoara, you may exercise, free of charge, for one request per year, to confirm whether or not personal data are processed.

11.6. On the basis of a written request, dated, signed and sent to: str. Vasile Alecsandri, nr.3, ap.3, jud. Timis, Timisoara, you may exercise your right to intervene on the data, as appropriate:

11.6.1. rectification, updating, blocking or deletion of data whose processing does not comply with Law 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, in particular incomplete or inaccurate data;
11.6.2. rendering anonymous data the processing of which does not comply with Law 677/2001 on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
11.6.3. notification to third parties to whom the data have been disclosed, unless such notification proves impossible or involves an effort disproportionate to the legitimate interest that might be harmed.

11.7. The SELLER may also provide the Buyer’s personal data to other companies with which it has a partnership relationship, but only pursuant to a confidentiality undertaking from them and only for the purposes mentioned in point 11.3. , whereby it guarantees that this data is kept secure and that the provision of this personal information is done in accordance with the legislation in force, as follows: courier service providers, marketing service providers, payment/banking service providers, telemarketing or other services, provided by companies with which the SELLER may develop joint programmes for offering Goods and Services on the market.

11.8. The Buyer’s personal information may also be provided to the Public Prosecutor’s Office, the Police, the courts and other authorised state bodies, on the basis and within the limits of legal provisions and following express requests.

12.1. Neither party shall be liable for non-performance of its contractual obligations if such non-performance on time and/or properly, in whole or in part, is due to an event of force majeure. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.
12.2. If within 15 (fifteen) days from the date of its occurrence, the said event does not cease, each party shall be entitled to notify the other party of the automatic termination of the Contract without either party being entitled to claim any further damages.

13.1. This Contract is subject to Romanian law. Any disputes arising between the SELLER and the Customers / Buyers shall be settled amicably or, if this is not possible, the disputes shall be settled by the competent Romanian courts of the Municipality of Timisoara.

14.1. Promotions and Discounts are not cumulative.

***
Last update: 19.03.2023.

We may update this policy from time to time and will notify you of any changes by posting the new version on our website. If you have provided us with your contact details and authorised us to contact you, we will notify you if we change this policy substantially. Please check this policy periodically for any changes. In the event of changes to applicable law, we will notify you as a matter of priority.

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