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Terms and conditions

The use of the Website and the purchase of the Products, respectively the digital goods and services available on the Website, are regulated by the following set of Terms and Conditions (hereinafter "T&C" or "the Contract"), as well as by the other documents mentioned in this document, being applicable to all users, whether individuals or legal entities, of the website marweb.ro (hereinafter referred to as the Website or the MarWeb platform), unless otherwise provided in this document.

Accessing, using, or purchasing any products and services made available to you on the marweb.ro platform is subject to acceptance of the following set of terms and conditions, which form the Contract between our Company and you.

Please carefully read this set of Terms and Conditions before placing an order or enrolling in a course.

Art.1. THE PARTIES TO THE CONTRACT

1.1 The Provider is the Commercial Company SPEEDY BIKES SRL, a Romanian legal entity, with its registered office at Str. ZAHARIA STANCU, nr.6F,bl. 16 et.3, ap.306, registered with the Trade Register Office under No. J08/2387/2019, CUI 41397812, having the account RO76 BREL 0005 5404 5518 0100, deschis la Revolut LTD, represented by Marcu Alexandru, in calitate de administrator, hereinafter referred to as the "PROVIDER".

1.2 The Beneficiary is the individual or legal entity who accesses or uses the website or purchases the goods with digital content or digital services (hereinafter referred to as products or digital goods and services) made available by the Provider and is identified by their data appearing on the order invoice generated at the time of completing the enrollment form and is hereinafter referred to as the Beneficiary, Trainee, or User. hereinafter collectively referred to as the "Parties" and individually as a "Party".

Definitions:

For the purposes of this set of terms and conditions, the expressions below have the following meanings:

  1. Goods with digital elements any tangible movable object that incorporates digital content or a digital service or is interconnected with them, so that, in the absence of that digital content or digital service, the goods could not perform their functions;

  2. Consumer any natural person who acts for purposes outside their commercial, industrial, craft, or professional activity;

  3. Trader any natural or legal person, whether public or private, who acts for purposes related to their commercial, industrial, craft, or professional activity;

  4. Digital content data produced and supplied in digital format;

  5. Distance contract any contract concluded between a professional and a consumer within the framework of an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, using exclusively one or more means of distance communication, up to and including the moment the contract is concluded;

  6. Personal data as defined in Article 4(1) of Regulation (EU) of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive

  7. Price money or a digital representation of value owed in exchange for the supply of digital content or digital services;

  8. Digital service a service that presents one of the following characteristics:

    • a) allows the consumer to create, process, store, or access data in digital format;

    • b) allows the exchange of data in digital format uploaded or created by the consumer or other users of that service or any other interaction with such data;

  9. Durable medium any instrument that allows the consumer or trader to store information addressed personally to them in a manner accessible for future reference for a period adequate to the purpose of the information and which allows the unchanged reproduction of the stored information (e.g., email address)

  10. Online marketplace any service that uses software, including a website or part of a website or an application managed by or on behalf of the professional, which allows consumers to conclude distance contracts with other professionals or consumers.

Art.2. SUBJECT MATTER OF THE CONTRACT

1. The subject matter of the Contract is the provision of digital services and/or the supply of goods with digital content, consisting of educational and training courses, mentoring sessions, or services offered by the Provider from the range of products presented on the MarWeb platform or through other means or communication channels, to the Beneficiary, in exchange for a price, based on an order or enrollment in accordance with the clauses provided in this contract.
2.1. The specifications of the Digital Goods and Services that are the subject of this Contract are communicated by the Provider to the Beneficiary in detail either by publication on the platform or during an online information and presentation meeting established between the Beneficiary and the Provider's representatives.
2.2. The Provider fulfills its obligation to deliver the goods with digital content or the services at the moment the goods are transmitted and handed over to the Beneficiary, at the address mentioned by the beneficiary.
2.3. The Provider fulfills its obligation to supply the digital content/digital services on the date the digital content/digital service becomes accessible to the Beneficiary, respectively by activating the User account for access to the MarWeb platform, and the payment of the price represents the express agreement of the Beneficiary to start the provision of the Digital services.
2.4. The Digital Goods and Services do not carry updates, not being intended to be subject to any updates or susceptible to updating.
2.5 Access to and use of the Website, as well as placing orders/enrollments, respectively the purchase of goods with digital content and/or the provision of digital services are subject to and regulated by this document, by the contract concluded between the parties, by the Company's policies, as well as by the applicable legislation. Using the Website, placing orders, purchasing, and providing the Digital Goods and Services are not possible without agreement to the Terms and Conditions. If you do not agree with the provisions of these documents, please do not use the Website and do not place orders/enrollments.
2.6. The consultation sessions will be paid in advance and will be honored according to the chosen package, with a frequency of one session per week, the day and time being established by mutual agreement with the beneficiary. If the beneficiary does not attend the scheduled session without prior notice at least 24 hours in advance, the session is considered honored and will not be rescheduled. Any change to the session schedule must be requested at least 24 hours in advance and will be confirmed depending on the consultant's availability.
2.7 In the case of the beneficiary purchasing a package/consulting or mentoring service, the amounts paid are considered an advance and are non-refundable. If you do not agree with the provisions of these documents, please do not use the Website and do not place orders/enrollments.

Art.3. CONCLUSION OF THE CONTRACT. DURATION OF THE CONTRACT

3.1 By accepting the terms and conditions, respectively by the Beneficiary's order and the Provider's confirmation of the order, the contract is considered concluded between the parties.

3.2 This document has the value of a contract, being validly concluded at a distance, exclusively by using means of distance communication, without the simultaneous physical presence of the parties and without the need for the parties' signatures (handwritten or electronic). To avoid any doubt, the Parties agree that the signature is in no way a condition for the validity of the Contract.

Art.4. THE PRICE OF THE CONTRACT AND PAYMENT METHODS

4.1. The prices of the digital goods or services are either displayed on the website or communicated by the Provider during the information and presentation meeting established between the Beneficiary and the Provider's representatives.

4.2. Payment can be made online, by card, through a payment processor.

4.3. The Digital Goods or Services can be paid either in full or in installments, depending on the agreement of the parties. If the Beneficiary pays the price through recurring payments, the Beneficiary does not have to go through a monthly or annual payment procedure; the amounts due for the digital goods and services that are the subject of the contract will be automatically debited from the Beneficiary's account at the due date of each installment, according to the parties' agreement.

4.4. Recurring payment means that on the due date of each installment, the payment will be automatically made from the card entered by the Beneficiary at the first order. The Beneficiary can deactivate the recurring payment option at any time with a single click from the Beneficiary's user account on the Provider's platform.

4.5. The Provider will issue an invoice to the Beneficiary for the digital goods and services that are the subject of this contract, for which purpose the Beneficiary will provide the Provider with all complete, correct, and up-to-date information necessary for issuing the invoice and the supporting documents required by law.

4.6. The invoice for any order (including for recurring payments) can be found in the Beneficiary's user account on the Provider's platform and downloaded from there.

Art.5 CONFORMITY AND CORRECTIVE MEASURES APPLICABLE IN THE CASE OF CONSUMERS

This section applies exclusively to consumers, as defined by applicable law, namely: natural persons who act for purposes outside their commercial, industrial, craft, or professional activities.

5.1 Conformity of the goods and digital services

The Provider is obliged to supply the digital goods and services that are the subject of this Contract, fulfilling the requirements provided by the applicable legal norms, in particular those provided by GEO 140/2021 and GEO 141/2021. 5.2 Subjective conformity requirements The digital goods and services are in conformity with the contract if they meet the following conditions:

  1. they correspond to the description, type, quantity, and quality and possess the functionality, compatibility, interoperability, and characteristics provided for in this contract;

  2. they are fit for the particular purpose for which the Beneficiary requires them, which the Beneficiary made known to the Provider at the latest at the time of conclusion of the contract and which the Provider accepted;

  3. they are delivered/supplied with all accessories and with all instructions, including installation instructions, if applicable;

  4. they are supplied with updates, if applicable.

5.2 Subjective conformity requirements

The digital goods and services are in conformity with the contract if they meet the following conditions:

  1. they correspond to the description, type, quantity, and quality and possess the functionality, compatibility, interoperability, and characteristics provided for in this contract;

  2. they are fit for the particular purpose for which the Beneficiary requires them, which the Beneficiary made known to the Provider at the latest at the time of conclusion of the contract and which the Provider accepted;

  3. they are delivered/supplied with all accessories and with all instructions, including installation instructions, if applicable;

  4. they are supplied with updates, if applicable.

5.3 Objective conformity requirements

(1) In addition to meeting the subjective conformity requirements provided in Art. 5.2, the digital goods and services must meet the following conditions:

  1. They are fit for the purposes for which goods/digital services of the same type would normally be used, taking into account, where applicable, the legal provisions in force, technical standards or, in the absence of such technical standards, applicable sector-specific codes of conduct;

  2. Where applicable, the goods and digital services are supplied with accessories and instructions;

  3. The digital goods correspond to the quantity and possess the qualities and other characteristics, including in terms of durability, functionality, compatibility, and security, which are normal for goods of the same type and which the Beneficiary can reasonably expect, considering the nature of the goods and taking into account any public statement made by or on behalf of the Provider;

  4. the digital services correspond to the quantity and possess the qualities and performance characteristics, including in terms of functionality, compatibility, accessibility, continuity, and security, which are normal for digital content or digital services of the same type and which the Beneficiary can reasonably expect, considering the nature of the digital content or digital service and taking into account any public statement made by or on behalf of the Provider.

  5. it is in conformity with any trial version or demonstration of the digital content or digital service made available by the Provider before the conclusion of the contract.

(2) The Provider is not bound to comply with public statements, in accordance with the provisions of paragraph (1) letters c) and d) above, if it demonstrates at least one of the following situations:

  1. it was not, and could not reasonably have been, aware of the public statement in question;

  2. by the time of the conclusion of the contract, the public statement had been corrected in the same way or in a manner similar to that in which it was made;

  3. the decision to purchase the digital goods or services could not have been influenced by the public statement.

(3) If the contract provides for the continuous supply of digital content or digital service over a specified period, the digital content or digital service must be in conformity throughout the entire duration of that period.

(4) There is no lack of conformity under the provisions of paragraphs (1) and (2) if, at the time of conclusion of the contract, the Beneficiary was explicitly informed in clear language that a particular characteristic of the digital goods/services does not meet the objective conformity requirements provided in paragraphs (1) and (2), and the Beneficiary expressly and separately accepted this at the time of conclusion of the contract.

Art. 5.4: Incorrect installation of goods

Any lack of conformity caused by incorrect installation of the goods is considered as a lack of conformity of the goods in one of the following situations:

  1. the installation is part of the contract concluded with the Provider and was carried out by the Provider or under its responsibility;

  2. the installation, intended to be carried out by the Beneficiary, was carried out by them, and the incorrect installation was due to shortcomings in the installation instructions provided by the Provider

Art. 5.5: Incorrect integration of digital content or digital service

Any lack of conformity caused by the incorrect integration of the digital content or digital service into the Beneficiary's digital environment is considered a lack of conformity of the digital content or digital service if one of the following conditions is met:

  1. the digital content or digital service was integrated by the Provider or under its responsibility;

  2. the digital content or digital service was intended to be integrated by the Beneficiary, and the incorrect integration was due to shortcomings in the integration instructions provided by the Provider.

5.6. Provider's liability

(1) In the case of goods with digital content, the Provider is liable to the Beneficiary for any lack of conformity in accordance with the applicable legal provisions, respectively for any lack of conformity that exists at the time of delivery and is detected within 2 years from that date.

(2) In the case of digital services, the Provider is liable for non-supply or lack of conformity of the digital content or digital service in accordance with the applicable legal provisions.

5.7. Corrective measures in case of lack of conformity of the digital good

(1) In case of lack of conformity, the Beneficiary has the right to bring the goods into conformity, to a proportional reduction of the price, or to termination of the contract under the conditions regulated in this Contract and in the applicable consumer protection legislation.

(2) To bring the goods into conformity, the Beneficiary may choose between repair and replacement, except where the chosen corrective measure would be impossible or, compared to the other available corrective measure, would impose costs on the Provider that would be disproportionate, taking into account all circumstances, including the following:

  1. the value of the goods if there had been no lack of conformity;

  2. the significance of the lack of conformity;

  3. whether the alternative corrective measure could be carried out without significant inconvenience to the Beneficiary.

(3) The Provider may refuse to bring the digital good into conformity if repair or replacement is impossible or would impose costs on it that would be disproportionate, taking into account all circumstances, including those provided in paragraph (2) letters a) and b).

(4) The Beneficiary has the right either to obtain a proportional reduction of the price in accordance with the applicable legal provisions, or to obtain termination of the contract in accordance with the applicable legal provisions, in any of the following cases:

  1. The Provider has not completed the repair or replacement under the conditions of the law within a reasonable period not exceeding 15 calendar days or the Provider has refused to bring the goods into conformity in accordance with the provisions of paragraph (3) above;

  2. A lack of conformity is found despite the Provider's efforts to remedy it;

  3. The lack of conformity is so serious as to justify an immediate price reduction or the immediate termination of the contract;

  4. The Provider has declared that it will not bring the goods into conformity within the period and under the conditions provided in paragraph (3), or this is clearly evident from the circumstances of the case.

(5) The Beneficiary does not have the right to obtain termination of the contract if the lack of conformity is minor.

(6) The Beneficiary has the right to suspend payment of any outstanding part of the price of the digital good or a part thereof until the Provider has fulfilled its obligations under the law.

(7) The Beneficiary may choose a specific corrective measure if the lack of conformity of the digital good is detected shortly after delivery, without exceeding 30 calendar days.

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5.8. Corrective measures in case of non-supply or lack of conformity of digital services

1. Corrective measures in case of non-supply of digital content/services

If the Provider does not supply the digital service, without undue delay, after the conclusion of the contract, the Beneficiary will request the Provider to supply the digital service. If, under these circumstances, the Provider does not supply the digital service without undue delay or within an additional period expressly agreed by the parties, the Beneficiary has the right to terminate the contract.

The above provisions do not apply, and the Beneficiary has the right to terminate the contract directly, in one of the following situations:

  1. The Provider has declared that it will not supply the digital service or this is clearly evident from the circumstances;

  2. The parties have agreed that supply by a specific date is essential for the Beneficiary or this is clearly evident from the circumstances surrounding the conclusion of the contract, and the Provider does not supply the digital content or digital service by or on that date.

2. Corrective measures in case of lack of conformity of digital content/services

(1) In case of lack of conformity, the Beneficiary has the right to bring the digital content or digital service into conformity, to a proportional reduction of the price, or to termination of the contract under the conditions provided in this article.

(2) The Beneficiary has the right to have the digital content or digital service brought into conformity, except where this would be impossible or would impose costs on the Provider that would be disproportionate, taking into account all circumstances, including:

  1. the value of the digital content or digital service if there had been no lack of conformity;

  2. the significance of the lack of conformity.

(3) The Provider brings the digital service into conformity within a reasonable period not exceeding 15 calendar days from the moment the Provider is informed by the Beneficiary about the lack of conformity and which is established by mutual agreement, in writing, between the parties, without costs and without any significant inconvenience to the Beneficiary, taking into account the nature of the digital content or digital service and the purpose for which the Beneficiary requested the digital content or digital service.

(4) The Beneficiary has the right either to a proportional reduction of the price in accordance with the applicable legal provisions, in the case where the digital content or digital service is supplied in exchange for payment of a price, or to termination of the contract in accordance with the applicable legal provisions, in any of the following cases:

  1. the corrective measure to bring the digital content or digital service into conformity is impossible or disproportionate for the Provider;

  2. The Provider has not brought the digital service into conformity in accordance with paragraph (3) above;

  3. a lack of conformity is found despite the Provider's attempt to bring the digital content or digital service into conformity;

  4. The Provider has not brought the digital service into conformity in accordance with paragraph (3) above;

  5. the lack of conformity is so serious as to justify an immediate price reduction or immediate termination of the contract;

  6. The Provider has declared that it will not bring the digital service into conformity within the period and under the conditions provided in paragraph (3), or this is clearly evident from the circumstances of the case.

(5) The price reduction is proportional to the decrease in the value of the digital service supplied to the Beneficiary compared to the value the digital service would have if it were in conformity.

(6) When the digital service is supplied in exchange for payment of a price, the Beneficiary has the right to obtain termination of the contract only if the lack of conformity is not minor.

(7) In case of lack of conformity, the Beneficiary has the right to suspend payment of any outstanding part of the price of the digital service or a part thereof until the Provider brings the digital service into conformity, provided that the suspended payment does not relate to digital content or a digital service already supplied by the Provider and which was in conformity.

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Art.6 RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1 Rights and Obligations of the Provider

  1. 6.1.1 To supply the Digital Goods and Services, under the conditions provided by this Contract and the applicable norms.
  2. 6.1.2 To provide the Goods and Services that are the subject of this Contract, under the conditions and at the times established and communicated in advance to the Beneficiary.
  3. 6.1.3 To issue the corresponding fiscal invoice, in the manner and within the period provided in this Contract.
  4. 6.1.4 In the case of the Beneficiary's withdrawal from the contract under the conditions provided in Annex 1 to the Contract or termination of the contract by the Beneficiary under the conditions of the Contract, the Provider may prohibit any subsequent use of the digital content or digital service that is the subject of the Contract or supplied under the Contract, the Provider proceeding to block access to the digital content or digital service, including to the bonus package and/or by deactivating the Beneficiary's user account.

6.2 Rights and obligations of the Beneficiary

  1. 6.2.1. To pay the agreed price according to this Contract, at the established deadlines. If the Beneficiary fails to honor the established payment deadlines, the Provider is absolved from delivering the goods or providing the digital services and from the obligation to provide access to the platform or any related facilities or services or unpaid goods. In this situation, the Beneficiary will not benefit from the bonus provided in the Contract.
  2. 6.2.2. To strictly comply with the communication rules established by the Provider in the support group, offered as part of the bonus package, and not to use inappropriate or offensive language in this group towards the Provider or any other participant in the group or course, being prohibited from posting written/verbal messages or manifesting attitudes capable of causing any kind of damage or endangering the image of the Provider or any other person. Discussions and/or arguments will be conducted in a collegial tone; messages that do not respect these minimum rules of conduct will be removed from the platform without any prior notification.
  3. 6.2.3 If the Provider assesses that the facts/messages posted/language/tone used would be likely to cause any kind of prejudice or endanger its image or are contrary to legal norms, social/moral values, public order, or good morals, it may decide, after prior notification to the Beneficiary, to remove the Beneficiary from the support group, without further access to it. To remove any doubt, the Beneficiary will not have the right to claim a refund of the price in such situations.
  4. 6.2.4. Not to make available to any third party, regardless of the method or medium, free of charge or for a fee, the materials/course or parts thereof made available to them by the Provider through access to the Provider's platform, the Beneficiary having the exclusive right to use the materials/course for the improvement of personal skills. In this regard, the Beneficiary is obliged not to disclose the username and password for connecting to the user account to third parties, these being intended strictly for use by the Beneficiary.

Art.7 RIGHT OF WITHDRAWAL

7.1. Beneficiaries – traders

Considering the provisions of GEO 34/2014, in the situation where the Products, respectively digital goods and/or services offered by the Provider are purchased by traders, since they do not fall within the notion of "consumer" as defined by the legislation in force, the right of withdrawal is not applicable.

7.2. Beneficiaries – consumers

The right of withdrawal applicable to Beneficiaries who have the status of consumers, according to the definition in the introductory part, is regulated in Annex 1 to this Contract.

Art.8 LIABILITY

8.1. Each of the parties is responsible for the complete, integral, and timely fulfillment of all obligations assumed under this contract.

8.2. Acceptance of the contractual terms and conditions is confirmed by checking the corresponding box on the website. By accessing the website, creating the Account, and using the website, you expressly and unequivocally accept the terms and conditions of the website in their latest version, communicated on the website.

8.3. If the Beneficiary-consumer, without there being any case of non-conformity/non-supply of digital goods and services, unilaterally decides that, after the supply of the goods and digital services by the Provider, they will not use the digital good or will not access the platform and digital tools made available by the Provider under this Contract or changes their mind without there being a case of non-conformity/non-supply, the Beneficiary is not entitled to a refund of the price, and if the price has been only partially paid, the payment obligations assumed remain valid under the contract. This provision does not affect the Beneficiary's right of withdrawal.

8.4. If the Beneficiary-trader unilaterally decides that, during or after the supply of the goods and/or digital services by the Provider, they will not use the digital good or will not access the platform and digital tools made available by the Provider under the Contract or changes their mind, without there being a case of fault in the performance of contractual obligations by the Provider, the Beneficiary is not entitled to a refund of the price, and if the price has been only partially paid, the payment obligations assumed remain valid under the contract.

8.5. Access to the Provider's platform requires the Beneficiary to have an internet connection; the Provider cannot guarantee that the services offered will always comply with the Beneficiary's wishes, uninterrupted, timely, and error-free, or that errors will be corrected in a timely manner, depending on the Beneficiary's internet service provider, therefore the Provider cannot be held liable for these malfunctions.

8.6. For using the digital good, the Beneficiary will need a CD/DVD-reader unit.

Art.9. CONFIDENTIALITY CLAUSE

9.1. The Beneficiary undertakes to maintain confidentiality towards third parties, not to disclose in any form and by any means, not to use in any way, either directly or indirectly, for their own benefit or for the benefit of others, any materials, documents, data, information resulting from/in connection with the contractual relationship between the parties or other confidential aspects belonging to the Provider, of which the Beneficiary becomes aware in any way during the contract.

9.2. The confidentiality obligation, as provided above, is maintained even after the date of termination of this Contract. Confidential information means any information belonging to the Provider, authors, or third parties with whom the Provider has business relationships or concerning their activities and which is transmitted by the Provider in the performance of the Contract, as well as any relevant circumstance related to the Provider (including but not limited to those provided below), regardless of whether this information was transmitted by the Provider or third parties, received by the Beneficiary in written, oral, or any other form and which includes but is not limited to:

9.3. The Beneficiary declares and understands that they will use the confidential information that comes to them during the execution of this Contract only in the interest and for the purpose of fulfilling their contractual obligations and undertakes not to transmit it to third parties, regardless of the reason and regardless of the form in which it might be transmitted.

9.4 The Beneficiary agrees to the use of their image, photographs, voice, and likeness, referred to as "Personal Information", by the Provider for the purpose of promoting its services by the Provider.

9.5 Any statements or interviews, as well as the disclosure of any information to the media regarding the goods or digital services provided by the Provider can be made by the Beneficiary only with the prior consent of the Provider, except for situations expressly provided by law.

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  1. The Provider's business, marketing, and financial plans, as well as those of its clients and/or third parties with whom it has business relationships or with whom it comes into contact by the nature of the activities carried out;

  2. The organizational, informational, and management system of the Provider;

  3. Information regarding the names of the Provider's clients and suppliers, as well as any other information regarding technical, financial, commercial data, regardless of whether the words "confidential" or "exclusive property" appear in the respective documents.

Art.10. INTELLECTUAL PROPERTY RIGHTS

10.1. All rights arising from intellectual property rights over the digital goods and services, courses, course models, as well as any material used by the trainers included in the course program during the training process are the exclusive property of the Provider and are protected by intellectual property legislation.

10.2. The name, logo, content of the Website, graphic and design elements, photographs, images, signs, texts, video materials, as well as any other materials transmitted in any form to the Beneficiary (by direct viewing on the website or by any other means belonging to or related to the Website), as well as any other elements of the website are the property of the Provider and are protected by intellectual property rights legislation. By exception, materials of any nature made available to Users/Trainees on the Website for which another holder of intellectual property rights has been indicated or the source of the material has been indicated do not belong to the Provider.

10.3. Beneficiaries do not acquire any property or other rights over or in connection with the Website and the Provider's platforms, with their entire content or over, without limitation, the course support, webinars, learning materials (of any nature and in any form), methodologies, databases, courses, online tests, assignments, content, etc. made available by the Provider or with which the Beneficiary came into contact on the occasion of providing the Digital Goods and Services (referred to as Materials).

10.4. For the purposes of the preceding articles, the Materials may be used by the Beneficiary exclusively for the purpose for which they were made available, for non-commercial purposes. Copying, taking over, reproducing, publishing, transmitting, distributing in whole or in part, in the same form or in a modified form of the Materials is strictly prohibited.

10.5. Also, Beneficiaries are prohibited from performing acts that may lead to affecting the content of the Website and/or the security elements of the Website or the elements of the Website intended to ensure the protection of intellectual property rights and personal data.

10.6. Violation of the provisions of this chapter will entail liability under the legislation in force.

Art.11. NON-COMPETITION CLAUSE

11.1. The Beneficiary guarantees and is responsible that they will not enter, directly or indirectly, into competition with the Provider's activity, nor will they carry out, directly or indirectly, themselves, employees, or intermediaries, free of charge or for a fee, other courses that have an identical or similar subject matter to that made available to them by the Provider.

11.2. To the extent that this obligation is violated, the Beneficiary will be obliged to cover the damage caused to the Provider.

Art.12. TERMINATION

12.1. In the case of Beneficiaries – consumers: the contract between the parties terminates by operation of law, without the need for judicial intervention or other formalities, under the following conditions:

  1. By fulfilling the subject matter of the Contract;

  2. By agreement of both Parties;

  3. By termination by the Beneficiary-consumer, in case of non-supply or lack of conformity, under the conditions regulated in this Contract and in the applicable consumer protection legislation. The Beneficiary exercises its right to terminate the contract by a declaration to the Provider expressing its decision to terminate the contract. The contract terminates on the date the consumer sends the declaration to the trader.

  4. By the Beneficiary-consumer exercising the right of withdrawal under the conditions provided in this Contract.

  5. By resolution by either party, in case of breach of one or more obligations assumed under the Contract, with prior notification for remedy/performance of the obligations, and in case of non-performance within 15 days from receipt of the notification, the contract is considered resolved, without any further formalities.

12.2. In the case of Beneficiaries – traders: the contract between the parties terminates by operation of law, without the need for judicial intervention or other formalities, under the following conditions:

  1. By fulfilling the subject matter of the Contract;

  2. By agreement of both Parties;

  3. By termination/resolution, as the case may be, by the Provider, in case of breach by the Beneficiary-trader of one or more obligations assumed under the Contract. In these situations, the Provider will notify the Beneficiary for remedy/performance of the obligations within 5 days and will have the possibility to suspend the supply of digital goods and/or services immediately.

  4. By unilateral denunciation of the Contract, at the initiative of the Provider, with a notice period of 15 days.

12.3. In case of non-payment within the deadline of the contracted goods and/or services, the Provider is absolved from the obligation to supply the ordered digital goods and services.

12.4. Termination of the Contract will have no effect on the Beneficiary's obligations that have already fallen due.

Art.13. FORCE MAJEURE

13.1. Neither party is liable for failure to perform on time and/or for improper performance - total or partial - of any obligation incumbent upon it under this contract, if the non-performance or improper performance of that obligation was caused by force majeure, as defined by law.

13.2. The party invoking force majeure is obliged to notify the other party within 5 (five) days of the occurrence of the event and to take all possible measures to limit its consequences.

13.3. If within 10 (ten) days from the occurrence the respective event does not cease, the parties have the right to notify the termination by operation of law of this contract without either of them claiming damages.

Art.14. OTHER CLAUSES

14.1. The Beneficiary is not entitled to assign and/or transfer the rights and/or obligations resulting from or deriving from the Contract to a third party without the prior written consent of the Provider.

14.2. The Parties understand and accept that all amounts received from partnerships, promotions, and/or advertising related to the digital goods and services that are the subject of this Contract belong exclusively to the Provider.

14.3 In case of non-payment in full and with respect to the payment deadline of the ordered digital goods and services, according to the contractual provisions, the Provider is absolved from the obligation to supply the digital goods and services.

14.4. Delay in payment beyond the due date entitles the Provider to interrupt access to the digital services until payment of the due amounts, according to the contractual provisions.

14.5. The Provider has the right to refuse access to the Website and/or the placement, processing, acceptance, and honoring of an order, respectively the cancellation of the order or suspension of the supply of goods or digital services in the following situations, without being limited to these:

  1. The Provider has reasonable suspicions regarding the Beneficiary's identity;

  2. The Provider has reasonable suspicions that the Digital Products and Services will be used for illegal or immoral purposes or purposes contrary to this Contract or applicable legislation;

  3. The Beneficiary uses the Website and/or Digital Products and Services abusively, unlawfully, immorally, illegally;

  4. The payment/transaction has not been confirmed and/or there are reasonable suspicions regarding it;

  5. The Beneficiary has conduct likely to harm the rights, interests, and/or image of the Provider, its affiliates, or other Beneficiaries;

  6. The Beneficiary provides false, incorrect, or incomplete data and/or places false or fraudulent orders;

  7. The Beneficiary does not comply with the instructions provided on the Website regarding placing an Order and/or using the Website/Digital Products and Services;

  8. The Beneficiary uses the Website for purposes other than information and placing orders, respectively illegitimate purposes, or violates any provision of this Contract, the terms and conditions of the Website, the policies specific to some of the Digital Products and Services, or the tools/platforms made available to the Beneficiary by the Provider and/or applicable legislation;

  9. The Beneficiary violates (or there are reasonable suspicions of violation) the intellectual property rights and/or confidentiality of information belonging to the Provider.

14.6. If the situations provided above constitute a violation of the law and/or have caused damage to the Provider, the Provider will have the right to notify the competent authorities for the sanctioning of the guilty person and also the right to go through all procedures provided by law to fully repair the damages suffered, present or future.

Art.15. DISPUTES

15.1. All disputes and controversies regarding this contract will be resolved amicably.

15.2. If the parties fail to resolve amicably, any dispute arising from or in connection with this contract, including regarding its conclusion, nullity, interpretation, performance, or termination, will be definitively settled by the courts of common law in the case of Beneficiary-consumers and by the courts in Timișoara in the case of Beneficiary-traders.

Art.16. FINAL CLAUSES

16.1. Any communication between the parties regarding these terms and conditions may be sent by email or letter, according to the legal provisions in force.

16.2. The clauses of these terms and conditions are supplemented by the legal provisions in force.

16.3. These terms and conditions are subject to the provisions of Romanian law.

16.4. These terms and conditions do not affect any other contract concluded between the Parties.

16.5. In case of any conflict, inconsistency, discrepancy, or derogatory provisions between these Terms and Conditions and the provisions of any contract concluded with the Beneficiary, that contract shall prevail.

16.6. The Provider reserves the right to modify this document (Terms and Conditions) at any time, the updated version being permanently available, free of charge, on the Website, in the "Terms and Conditions" Section.

ANNEX 1

Information regarding the exercise of the right of withdrawal. Withdrawal policy applicable to natural persons – consumers according to GEO 34/2014

This policy applies only in the case of Beneficiaries who have the status of consumers.

• Right of withdrawal – rules of application

You have the right to withdraw from this contract, without giving any reason, within 14 days.

The withdrawal period expires after 14 days: starting from the date of conclusion of the contract for the supply of digital services, respectively the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods with digital content.

Exceptions:

We inform you that the right of withdrawal is not applicable, among others, in any of the following situations: (i) after the full provision of the services or (ii) for the supply of digital content not supplied on a tangible medium, if the execution of the contract has begun; (iii) the supply of sealed audio or video recordings or sealed computer programs that have been unsealed after delivery.

  1. Regarding the digital good: The right of withdrawal does not apply for the digital good if you have unsealed the good after delivery. The Provider is not obliged to refund the price in this case.

  2. Regarding digital services: once the execution of the contract between you and the Provider begins, namely once your user account is activated for accessing the platform by you, you will lose the right of withdrawal, under the conditions that: you have given us your prior express consent to start the provision of digital services and you have confirmed that you are aware that you will lose the right of withdrawal as a result. Thus, after activating your user account for accessing the platform, you no longer have the right to withdraw from the contract, and the Provider cannot be obliged to refund the price.

• Exercise of the right of withdrawal

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  1. By letter sent by post/courier to the address: Str. ZAHARIA STANCU, nr.6F,bl. 16 et.3, ap.306
  2. By email, to the address: alexandru@marweb.ro

To exercise the right of withdrawal, you can use the attached withdrawal form; however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period. If the Beneficiary does not exercise their right of withdrawal within the period provided above, they lose this right and will not have the right to claim a refund of the amount paid.

• Consequences of withdrawal

If you withdraw, we will refund any sum we have received from you without undue delay and, in any case, no later than 14 days from the date we are informed of your decision to withdraw from this contract.

If you withdraw, we will refund any sum we have received from you without undue delay and, in any case, no later than 14 days from the date we are informed of your decision to withdraw from this contract.

We will make this refund using the same means of payment as you used for the initial transaction, except if you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such refund.

ANNEX 2 Withdrawal form

This form is to be completed, signed, and sent to the Provider only if you wish to withdraw from the contract.

To SPEEDY BIKES SRL with its registered office at Str. ZAHARIA STANCU, nr.6F,bl. 16 et.3, ap.306, email address alexandru@marweb.ro

  1. Your name and surname ……………………………………………………………………………………………… (to be completed with the name of the person exercising the right of withdrawal)
  2. Your address ……………………………………………………………………………………………… (to be completed with the name of the person exercising the right of withdrawal)
  3. Email address: ……………………………………………………………………………………………… (if you choose to receive confirmation of receipt of the withdrawal form by email)
  4. I hereby inform you of my withdrawal from the contract regarding the supply of the following services/products:
  5. ……………………………… (to be completed with the services/products you wish to withdraw from)
  6. Ordered on date ……………………………………………………………………… (to be completed with the order date)
  7. I request the refund (if applicable) to the account ………………………………………….………………………………………………… opened at …………………………………………………………………., account holder ……………………..
  8. Consumer's signature:________________________ (only if this form is notified on paper)
  9. Date: ………………………………………