Terms and conditions

1. Definitions and Terms
WaianaTiki – is the trade name of WAIANA GASTRO AG – Having its registered office in Sihlbruggstrasse 140, 6340 Baar, CHE-105.727.771 County Switzerland.
Seller – WaianaTiki
Buyer – can be any natural person who is over 16 years old or legal person or any legal entity that creates an Account on the Site and places an Order or fills out a form.
Customer – can be any natural person who is over 16 years of age or legal person who has or obtains access to the CONTENT, through any means of communication provided by WaianaTiki (electronic, telephone, etc.) or based on an existing user agreement between WaianaTiki and it and which requires the creation and use of an Account.
User – any natural person who is over 16 years of age or legal entity registered on the Site, who, by completing the Account creation process, has agreed to the site-specific clauses in the Terms and Conditions and Privacy Policy section www.waianatiki.ro.
Account – the section of the Site consisting of an e-mail address and a password that allows the Buyer to submit the Order and which contains information about the Client/Buyer and the Buyer’s history on the Site (Orders, tax invoices, Goods guarantees, etc.). The user is responsible and will ensure that all the information entered when creating the Account is correct, complete and up-to-date.
My basket – section of the Account that allows the Buyer/User to add Goods or Services that he wishes to purchase at the time of addition or at a later time; if the Goods or Services are not purchased at the time of addition by making the Order, the Buyer/User will benefit from the service offered by the Seller for tracking the Goods and Services by receiving Commercial Communications from him.
Site – the online store / presentation website hosted at the web address www.waianatiki.ro and its subdomains and additional addresses redirecting to www.waianatiki.ro.
Order – an electronic document that acts as a form of communication between the Seller and the Buyer through which the Buyer conveys to the Seller, through the Site, his intention to purchase Goods and Services from the Site.
Goods and Services – any product or service listed on the Site, including the products and services mentioned in the Order, which are to be provided by the Seller to the Buyer as a result of the concluded Contract.
Contract – represents the remote contract concluded between the Seller and the Buyer, without the simultaneous physical presence of the Seller and the Buyer.
Content – represents:
• all information on the Site that can be visited, viewed or otherwise accessed by using an electronic device;
• the content of any e-mail sent to Buyers by the Seller by electronic means and/or any other means of communication available;

• any information communicated by any means by an employee/collaborator of the Seller, the Buyer, according to the contact information, specified or not by him;
• information related to the Goods and/or Services and/or the rates applied by the Seller in a certain period;
• information related to the Goods and/or Services and/or rates charged by a third party with whom the Seller has concluded partnership contracts, during a certain period;
• data related to the Seller, or other privileged data of the Seller.
Question – the form of addressing other Users/Clients/Buyers in order to obtain information about the Goods or Services from the respective page.
Answer – written information that is sent to the User/Client/Buyer who has asked a Question on the Site, on the page of a certain Good. The answer is an explanation offered by a User/Client/Buyer to another User/Client/Buyer in a discussion.
Document – these Terms and Conditions.
Commercial Communications – any type of message sent (such as: e-mail/SMS/telephone/mobile push/webpush/etc.) containing general and thematic information, information on similar or complementary products to the ones you have purchased, information regarding offers or promotions, information regarding Goods and Services added to the “My Account/Cart” section or the “Account/Favorites” section, as well as other commercial communications such as market research and opinion polls.
Transaction – the collection or reimbursement of an amount resulting from the sale of a Good and/or Service by WaianaTiki, to the Buyer, by using the services of the card processor agreed by the Seller, regardless of the method of delivery.
Specifications – all the specifications and/or descriptions of the Goods and Services as specified in their description.

2. CONTRACTUAL DOCUMENTS
2.1. By registering an Order on the Site, the Buyer agrees to the form of communication (telephone or e-mail) through which the Seller conducts its commercial operations.
2.2. The notification received by the Buyer, after placing the Order, has the role of information and does not represent the acceptance of the Order. This notification is 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 he changes the amount of Goods and/or Services in the Order, he will notify the Buyer at the e-mail address or phone number provided to the Seller when placing the Order and will return the amount paid.
2.4. The contract is considered concluded between the Seller and the Buyer at the moment the Buyer receives from the Seller, via e-mail and/or SMS, the notification of dispatch of the Order.
2.5. The document and information made available by the Seller on the Site will form the basis of the Contract, supplemented by the warranty certificate issued by the Seller or one of its suppliers for the purchased Goods.

4. ASSIGNMENT AND SUBCONTRACTING
4.1. The Seller may assign and/or subcontract to a third party for Services related to the fulfillment of the Order, with the Buyer’s information, without his consent being necessary. The Seller will always be responsible to the Buyer for all contractual obligations.

5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
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 WaianaTiki, which is All rights obtained in this regard directly or indirectly (through licenses for use and/or publication) are reserved.

8. CONFIDENTIALITY
8.1. WaianaTiki will maintain the confidentiality of any information you provide. The disclosure of the information provided will only be possible under the conditions mentioned in this Document.
8.2. No public declaration, promotion, press release or any other way of disclosure to third parties will be made by the Buyer/Client regarding the Order/Contract without the prior written consent of the Seller.
8.3. By submitting information or materials through this site, you grant 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 the Seller may freely use, in his own interest, this information, ideas, concepts, know-how or techniques that you have sent to us through the Site. WaianaTiki will not be subject to obligations regarding the confidentiality of the information sent, if the legislation in force does not provide for other specifications in this regard.

9. COMMERCIAL COMMUNICATIONS
9.1. The Buyer/User/Client can at any time change their option regarding the consent given to the Seller for Commercial Communications containing general and thematic information including information regarding offers or promotions, as follows:
• 9.1.2. by changing the Account settings in the “Newsletter Subscription / Unsubscribe” section;
9.1.3. by accessing the unsubscribe link displayed in the Commercial Communications received from the Seller; or
9.1.4. by contacting the Seller by email at [email address].
“Wishlist”, the Seller will send the Buyer/User Commercial Communications regarding:
• – when changing the price of the Goods or Services added in the “Wishlist” section,
• – to recommendations of Goods or Services similar to those added in the “Wishlist” section, and
• – availability of stock or Services Goods added in the “Wishlist” section.
9.3. Following the purchase of a Good or Service, the Seller may send the Buyer/User Commercial Communications regarding:
• – suggestions of Goods or Services recommended to be used together with the purchased Good or Service.
9.4. The Client/User can unsubscribe, at any time, from the Commercial Communications mentioned in point 9.3. above by accessing the unsubscribe link displayed in the commercial messages received from WaianaTiki or by contacting WaianaTiki in this regard.
9.5. Also, in order to improve the offer of Goods and Services and the buying experience, we can use your data to carry out market research and opinion polls. The information obtained from these market researches and opinion polls will not be used for advertising purposes, but only for those mentioned above. Your answers to market research and opinion polls will not be associated with your identity and will not be transmitted to third parties or published. You can object to the use of data for market research and opinion polling purposes at any time, by accessing the unsubscribe link displayed in the message or by contacting WaianaTiki.