Return Policy for electronically delivered digital products

According to the provisions of Government Ordinance 34/2014, Article 16, letter m

ART. 16

(1) Exceptions to the right of withdrawal

The following are exempt from the right of withdrawal provided for in Articles 9-15 with regard to distance contracts and contracts concluded outside commercial premises:

m) contracts for the supply of digital content not supplied on a tangible medium if the performance has begun and, in the case of contracts imposing an obligation to pay, under the following conditions:

(i) the consumer has given their express prior consent to the commencement of performance during the withdrawal period;

(ii) the consumer has confirmed that they are aware that, as a result, they will lose their right of withdrawal;

(iii) the trader has provided confirmation of the conclusion of the contract in accordance with Article 7(2) or Article 8(7).

According to Article 7(2) of Government Ordinance No. 34/2014 (quoted in the aforementioned Article 16(1))

ART. 7

Formal requirements for contracts concluded outside commercial premises

(2) The trader shall provide the consumer with an original copy of the signed contract or confirmation of the contract on paper or, if the consumer agrees, on another durable medium, including, where applicable, confirmation of the consumer’s express prior consent in accordance with Article 16, letter m).

According to Article 8(7) of Government Ordinance No. 34/2014 (quoted in the aforementioned Article 16(1))

ART. 8

Formal requirements for distance contracts

(7) The trader shall send the consumer confirmation of the conclusion of the contract on a durable medium within a reasonable period from the conclusion of the distance contract and no later than at the time of delivery of the goods or before the commencement of the requested service. The said confirmation shall include:

(a) all the information referred to in Article 6(1), except where the trader has already provided that information to the consumer on a durable medium before the conclusion of the distance contract;

(b) where applicable, confirmation of the consumer’s express prior consent and agreement in accordance with Article 16, letter m).

According to Articles 9-15 of Government Ordinance No. 34/2014 (quoted in the aforementioned Article 16(1))

ART. 9

Right of withdrawal

(1) Except in the cases provided for in Article 16, the consumer shall have a period of 14 days to withdraw from a distance contract or a contract concluded outside commercial premises, without giving any reason and without incurring any costs other than those provided for in Article 13(3) and Article 14. The withdrawal period of 14 days shall be extended to 30 days for contracts concluded in the context of unsolicited visits by a trader to a consumer’s home or organized trips by a trader with the aim or effect of promoting or selling goods to consumers, for the purpose of protecting consumers’ legitimate interests with regard to aggressive or misleading commercial practices or sales.

(2) Without prejudice to Article 10, the withdrawal periods referred to in paragraph (1) shall expire after 14 or 30 days, as the case may be, from:

(a) the date of the conclusion of the contract, in the case of contracts for the provision of services;

(b) the day on which the consumer or a third party, other than the carrier and designated by the consumer, takes physical possession of the goods in the case of sales contracts, or:

(i) in the case where the consumer orders multiple goods with separate deliveries through a single order, the day on which the consumer or a third party, other than the carrier

(ii) in the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the last good or piece;

(iii) in the case of contracts for the periodic supply of goods for a determined period of time, the day on which the consumer or a third party, other than the carrier and indicated by the consumer, takes physical possession of the first good;

c) the date of conclusion of the contract, in the case of contracts for the supply of water, gas, electricity, when they do not involve the sale of a limited volume or a predetermined quantity, of thermal energy, or of digital content not supplied on a tangible medium.

(3) The contracting parties fulfill their contractual obligations during the withdrawal period in accordance with the provisions of this emergency ordinance.

ART. 10

Omission of information on the right of withdrawal

(1) In the event that the professional has not provided the consumer with the information on the right of withdrawal in accordance with Article 6(1)(h), the withdrawal period shall expire 12 months after the end of the initial withdrawal period provided for in Article 9(1).

(2) In the event that the professional provides the information referred to in paragraph (1) within 12 months from the date mentioned in Article 9(2), the withdrawal period shall expire within 14 days or 30 days, as the case may be, from the date on which the consumer receives the respective information.

ART. 11

Exercise of the right of withdrawal

(1) Before the expiration of the withdrawal period, the consumer shall inform the professional of their decision to withdraw from the contract. For this purpose, the consumer may choose one of the following options:

a) to use the withdrawal form model provided in Part B of the annex;

b) to make any other unequivocal statement expressing their decision to withdraw from the contract.

(2) The consumer has exercised their right of withdrawal during the withdrawal period mentioned in Article 9(2) and in Article 10, if the communication regarding the exercise of the right of withdrawal is sent by the consumer before the expiration of the respective period.

(3) In addition to the options mentioned in paragraph (1), the professional may offer the consumer the option to complete and transmit, in electronic format on the professional’s website, either the withdrawal form model provided in Part B of the annex or any other unequivocal statement of withdrawal. In these cases, the professional shall promptly communicate to the consumer, on a durable medium, the confirmation of receipt of the withdrawal form.

(4) The burden of proof for the exercise of the right of withdrawal in accordance with the provisions of this Article lies with the consumer.

ART. 12

Effects of withdrawal

Exercising the right of withdrawal terminates the contractual obligations of the parties, as applicable:

a) to perform the distance contract or the off-premises contract;

b) to enter into a distance contract or an off-premises contract, in case the consumer has placed an order.

ART. 13

Obligations of the professional in case of withdrawal

(1) The professional shall reimburse all payments received from the consumer, including, if applicable, the delivery costs, without undue delay and, in any case, no later than 14 days from the date on which the professional is informed of the consumer’s decision to withdraw from the contract in accordance with Article 11.

(2) The professional shall reimburse the amounts mentioned in paragraph (1) using the same means of payment as those used by the consumer for the initial transaction, unless the consumer has agreed to a different means of payment and provided that the consumer is not burdened with any fees as a result of the reimbursement.

(3) Without prejudice to paragraph (1), the professional is not obliged to reimburse additional costs if the consumer has explicitly chosen a different type of delivery than the standard delivery offered by the professional.

(4) Unless the professional has offered to collect the goods himself, in the case of sales contracts, the professional may postpone the refund until the goods subject to the sale are received or until the consumer provides proof that they have sent the goods to the professional, taking into account the nearest date.

(5) Regarding the consumer’s personal data, the professional complies with the applicable obligations provided in Regulation (EU) 2016/679.

(6) The professional is prohibited from using any content, other than personal data, that has been provided or created by the consumer when using the digital content or digital service provided by the professional, unless this content:

a) has no utility outside the context of the digital content or digital service provided by the professional;

b) is only related to the consumer’s activity when using the digital content or digital service provided by the professional;

c) has been aggregated with other data by the professional and cannot be disaggregated or can only be disaggregated with disproportionate efforts;

d) has been jointly generated by the consumer and other persons, and other consumers can continue to use the content.

(7) With the exception of cases mentioned in paragraph (6) sub-paragraphs a), b), or c), the professional shall provide the consumer, upon request, with any content, other than personal data, that has been provided or created by the consumer when using the digital content or digital service provided by the professional.

(8) The consumer has the right to retrieve the respective digital content free of charge, within a reasonable period and in a format commonly used and automatically readable, without impediments from the professional.

(9) In the case of withdrawal from the contract, the professional may prevent any further use of the digital content or digital service by the consumer, especially by blocking the consumer’s access to the digital content or digital service or by deactivating the consumer’s user account, without prejudice to paragraph (7).

ART. 14

Consumer’s obligations in case of withdrawal

(1) Unless the professional has offered to collect the goods himself, the consumer returns the goods or hands them over to the professional or a person authorized by the professional to receive the goods, without undue delay and within a maximum of 14 days from the date on which the consumer communicated his decision to withdraw from the contract in accordance with Article 11. The deadline is met if the goods are sent back by the consumer before the expiration of the 14-day period.

(2) The consumer bears only the direct costs related to the return of the goods, unless the professional agrees to bear those costs or the professional has not informed the consumer that these costs are to be borne by the consumer. In the case of contracts concluded outside commercial premises, where the goods were delivered to the consumer’s home at the time of concluding the contract, the professional shall bear the costs of returning the goods if the goods, by their nature, cannot normally be returned by post.

(2^1) In case of withdrawal from the contract, the consumer refrains from using the digital content or digital service and from making it available to third parties.

(3) The consumer is only responsible for the decrease in the value of the goods resulting from their handling, different from what is necessary to determine the nature, characteristics, and functioning of the goods. The decrease in the value of the goods must not be discouraging for the consumer to exercise their right of withdrawal. Regardless of the situation, the consumer is not responsible for the decrease in the value of the goods if the professional has failed to inform them about the right of withdrawal in accordance with Article 6(1)(h).

(4) The professional must be able to demonstrate the reduction in value of the goods that results differently from what is necessary for determining the nature, characteristics, and functioning of the goods.

(5) When the consumer exercises the right of withdrawal after submitting the request in accordance with Article 7(3) or Article 8(8), the consumer shall pay the professional a proportionate amount for what has been provided up to the moment the consumer informed the professional about the exercise of the right of withdrawal, in relation to the total coverage of the contract. The proportionate amount to be paid by the consumer to the professional is calculated based on the total agreed price in the contract. If the total price is excessive, the proportionate amount is calculated based on the market value of what has been provided.

(6) The consumer does not bear the costs for:

a) the provision of services or the supply of water, natural gas, or electricity when they are not offered in a limited volume or predetermined quantity, or the supply of heat provided, in whole or in part, during the withdrawal period, under the following circumstances:

(i) the professional has not provided information in accordance with Article 6(1)(h) or (i);

(ii) the consumer has not expressly requested the provision to begin during the withdrawal period in accordance with Article 7(3) and Article 8(8);

b) the supply, in whole or in part, of digital content that is not delivered on a tangible medium, under the following circumstances:

(i) the consumer has not given prior express consent for the provision to begin before the end of the 14-day or 30-day, as applicable, period mentioned in Article 9;

(ii) the consumer has not confirmed being aware that they lose their right of withdrawal when giving consent;

(iii) the professional has not provided confirmation in accordance with Article 7(2) or Article 8(7).

(7) Except as provided in Article 13(3) and in this article, exercising the right of withdrawal does not incur any liability on the consumer.

ART. 15

Effects of exercising the right of withdrawal on ancillary contracts

Without prejudice to Article 63-65 of Government Emergency Ordinance No. 50/2010 on consumer credit agreements, approved with modifications and completions by Law No. 288/2010, with subsequent amendments, in the event that the consumer exercises their right of withdrawal from a distance contract or off-premises contract in accordance with Articles 9-14 of this emergency ordinance, any ancillary contract automatically terminates, without costs for the consumer, except as provided in Article 13(3) and Article 14 of this emergency ordinance.

As a result of analyzing the mentioned legal texts, an exception is made to the right of return for electronically delivered products (via email, website, or any electronic communication channel), if the provision/execution has commenced with the explicit prior consent of the consumer by ticking the checkbox accepting the terms and conditions of the contract before placing the final order and after confirming their awareness that they will lose their right of withdrawal. The customer confirms their awareness of this aspect when they agree to place an order on our website or partner websites where we are present, by confirming the reading and acceptance of the “Terms and Conditions.”

The product key is unique.

Once it is activated on a physical or virtual device/equipment, that key cannot be used by anyone else. Therefore, product keys CANNOT be returned.

All digital products sold by us have a warranty, as mentioned in the “Product Warranty” section. In accordance with the specified conditions in that section and by complying with them, if you encounter difficulties during activation, we will provide you with a new license or assistance to successfully activate the license. For more details, please refer to the “Product Warranty” page.

Some products may be non-functional due to an error in transmitting the product keys. For example, accidentally deleting a character from the product key, making it incomplete, or sending a key from a different product than the one ordered.

If you experience any technical problems, activation issues (within the specified period for each product – see the “Product Warranty” section), or product key malfunctions (during the warranty period and only for certain types of licenses – see the “Product Warranty” section), please contact us. In these conditions, we will verify if that key has been activated, and if these issues cannot be resolved, we will replace the products in accordance with the provisions of the specific legislation in force: Government Emergency Ordinance no. 140/2021, Government Emergency Ordinance no. 141/2021, Government Emergency Ordinance no. 34/2014.