Customer info center

I. General Provisions

The website www.soundcreation.ro (hereinafter referred to as the "Website") is operated by MEDIA CRUSHER S.R.L., a Romanian legal entity, with its registered office in Mun. Timişoara, Calea Torontalului DN6 km 560+800 m stânga jud. Timiș, registered with the Trade Register Office attached to the Timiș Tribunal under no. J2006001450350, fiscal code RO18640363, (hereinafter referred to as "Soundcreation", "we", "our").

This document contains the terms and conditions applicable to the relationships arising between Soundcreation and each User of this Website. The use of the Website, including by creating a Soundcreation Account or placing an Order, implies your acceptance of these Terms and Conditions, so it is essential that you read this policy carefully before using this Website.

This Website is not intended for children under 18 years of age. By continuing to browse, you declare that you are over 18 years old and have the capacity to assume the obligations, statements, and warranties set forth in this policy.

We assure you that any processing of personal data is carried out in compliance with the provisions of the GDPR Regulation and the Privacy Policy.

Amendments to the Terms and Conditions

These Terms and Conditions may be amended from time to time. No amendment to these Terms and Conditions shall apply retroactively and shall not apply to Distance Contracts, disputes, or other events that were concluded/occurred before the publication of the amendment. The new version of these Terms and Conditions will be published on this page. We will also notify you by e-mail or by a notification on the Website before the amendment comes into force. You remain responsible for regularly reviewing these Terms and Conditions.

Links to Third-Party Websites

This Website provides links or references to other websites owned by third parties over which Soundcreation has no control. Soundcreation does not operate or control in any way the content, information, software, products, or services available on such websites and has no responsibility for their content and will not be liable for any damages or injuries caused by such content or access. If you click on a link to a third-party website, you will be directed to that third party's website. We recommend that you consult the Privacy Policy and Terms and Conditions published on each website you visit.

II. Definitions

GDPR Regulation – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 95/46/EC (General Data Protection Regulation);

User – any user of the Website;

Buyer – any natural person aged 18 or over or a legal entity, who has created an account on the Website and has placed at least one Order under these Terms and Conditions;

Order – the operation performed by the User through the Website by which the User undertakes a firm commitment to purchase one or more Products, under the conditions provided in this document;

Distance Contract – the consensual remote agreement between Soundcreation and the User without their simultaneous physical presence, having as its object the sale of Soundcreation products through the Website, by placing an Order by the User and its acceptance by Soundcreation, in compliance with legal provisions and these Terms and Conditions;

Special Order – the order placed by the User regarding one or more Products that are not in the current and/or usual stock of Soundcreation, but which can be ordered from the Manufacturer's stock and delivered to the Buyer under the conditions mentioned in these Terms and Conditions.

Soundcreation Account – the account created on the Website, associated with specific access rights, which allows the Buyer to place an Order and contains information about the User, as well as the Order History;

Buyer – the natural person, legal entity, or any other entity, regardless of the form of organization, who concludes a Distance Contract with Soundcreation;

Consumer – the Buyer who is a natural person acting for purposes outside his/her trade, business, craft, or profession (according to art. 2 point 4 of OUG 140/2021 [Romanian Government Emergency Ordinance]);

Product – means the products supplied by Soundcreation and ordered by the User through the Website, including accessories, original packaging, and related documents;

Specifications – means the characteristics of the Products (dimensions, diameter, weight, color, materials, etc.) as specified in the description available on the Website and in the Orders placed by Users;

Promotions – the action of displaying for commercial purposes, a finite number of Products, with a limited and predefined stock, for a period of time established by Soundcreation;

Soundcreation Gift Card (voucher) – is a value coupon, issued by Soundcreation, which the User can use to pay for orders in Soundcreation stores and on the Website;

Content – all materials and content including, but not limited to, the domain name, text, web graphics, design, editorials, multimedia elements, photos, images, videos, sound recordings, brochures, documents, databases, software, source codes, programs, scripts, trademarks, logos, trade names, product names, as well as any other data, information, or materials available on the Website or that can be accessed through the Website or by using electronic equipment, as well as the content of emails sent by Soundcreation and/or its collaborators to Users or Buyers;

Privacy Policy – means the document that describes how Soundcreation processes personal data, drawn up in compliance with the provisions of art. 13 of the GDPR Regulation.

III. The Soundcreation Account

Access to the Website is permitted to any User who merely browses the Website or who acts with a legitimate purpose and intends to purchase one or more Products from Soundcreation, in compliance with the Privacy Policy and the Website Terms and Conditions of use.

The purchase of products marketed by Soundcreation through the Website can be made by creating a user account or by using the 'Quick Order' option. This option allows you to place an order without registration, requiring only your email address and phone number to start the ordering process.

1. 3.1. Logging into the Soundcreation Account

   Logging into the Soundcreation Account is done in 2 steps, namely:

   1. To log in to the Website, enter the email address associated with your SoundCreation account. If the User has a Facebook or Google social media account, it can be used to log in to the Website. More information regarding Soundcreation's access to your personal data regarding third parties, as well as the processing of your personal data, can be found in the Soundcreation Privacy Policy.
   2. Enter your account password and that's it, you are logged in to your account.
   

2. 3.2. Creating a Soundcreation Account

   If you do not have an account, you can create one by entering a valid email address and setting a password, simultaneously providing your first and last name.

   If you have a Facebook or Google social media account, you can confidently use it to register a new account! We will only have access to the information you allow us to access.

   Before creating the Account, the User will read and accept the Website Terms and Conditions of use and the Privacy Policy. The agreement is considered given by ticking the appropriate boxes. The User Account cannot be created without agreeing to the aforementioned policies.

   To be used, the User Account must be activated by Soundcreation, activation to be done within a maximum of 24 hours from registration, the User being notified by email.

   To protect the Account, Users are required to keep the password confidential. It is recommended that the password is not used for other accounts, not to use words relevant to the User, known to other people, not to use repeated digits (such as 1111) or easily typed patterns (such as 14789 or 2580).

   Soundcreation is not liable for any damage or loss caused as a result of the User's failure to comply with these obligations and recommendations or which is the consequence of negligence on the part of the User.

   If the User becomes aware of or suspects unauthorized access to their Account, the User is required to immediately change the password and contact Soundcreation by email at privacy@soundcreation.ro.

3. 3.3. Managing the Soundcreation Account

   Through the My Account section, Users and Buyers can track placed orders, edit contact details, add favorite products to "Favorite Lists" or even change the password.

4. 3.4. Password Reset

   To reset the password, the User will enter the email address in the first step of the Account login process, then access the "Forgot password?" option, after which Soundcreation will automatically send the User an email with password reset instructions.

   After the User accesses the link in the email, by completing and confirming the new password, they will regain access to the Account.

5. 3.5. Deleting the Soundcreation Account

   The User may decide at any time to delete the Soundcreation Account.

   Account deletion will be carried out by the User completing and sending the Account Deletion form to Soundcreation.

   Deleting the Soundcreation Account does not exempt the User from obligations arising from Orders placed and confirmed by Soundcreation prior to the deletion of the Account.

   Also, the User will not be exempt from obligations under these Terms and Conditions and the Privacy Policy.

6. 3.6. Blocking and Recovery of the Soundcreation Account

   Soundcreation has the right to decide to block the Soundcreation Account whenever it becomes aware that the User's activity or information entered on the Website is illegal or is likely to harm the rights of Soundcreation or a third party or in the case of abusive use of the Website, in a manner contrary to these Terms and Conditions, the Privacy Policy, fair commercial practices, applicable legislation, or in any other way that could prejudice Soundcreation in any way.

   Soundcreation has the exclusive right to decide to unblock the Soundcreation Account subject to the cessation of the abusive/illegal activity that led to the blocking of the account and the repair of the damages caused, and in all cases in compliance with applicable legislation.

   Also, your Soundcreation account may be blocked for security reasons if more than 5 incorrect logins are attempted. In this situation, account access can be recovered by accessing the "Forgot password?" option.

IV. Order Process

1. 4.1. Product Information, Stock Availability

   The products sold on the Website are original, new, and sealed, except for products displayed in Soundcreation stores or those resealed (previously returned by a customer). In these exceptional cases, our customers are informed in advance by phone or email.

   Soundcreation makes constant efforts to provide accurate information regarding product availability, which is displayed automatically based on the actual available stock.

   The delivery times displayed on the Website are based on information received from suppliers for confirmed orders.

   However, there may be situations where the information provided by Soundcreation contains inaccuracies due to operational errors. We reserve the right to such errors and do not assume any responsibility in the case of erroneous availability displays.

2. 4.2. Placing an Order (conclusion of the Contract)

   To order the desired products, you have several options, namely:

   • Direct contact with the Sales Department by phone 0356-228-228 or by e-mail info@soundcreation.ro
   • Placing an order on the Website
   • You can visit us in person at the Timișoara, Cluj, or Oradea stores
   • Placing a special order

   The purchase of any of the Products marketed by Soundcreation on the Website can only be made through an Account created on the Website, the procedure for creating the Soundcreation Account being detailed here.

   Telephone or E-mail Order:

   Any Order can be placed by phone by contacting the Sales Department, Monday to Friday, from 09:00 to 18:00, at the phone number 0356-228-228.

   In the case of placing a telephone order, Soundcreation will send you a confirmation email of the telephone offer, the Order being considered placed on the date of your written agreement, which can be done by replying to the email.

   The order by email is made by sending all necessary data (name, surname, full delivery address, billing details, phone, email, desired Products, and payment method) to the email address: info@soundcreation.ro.

   Online Order via Website:

   The User will add the desired products to the shopping cart by using the "Add to cart" button on the detailed page of each product.

   At the top of the Website, you have a "My Cart" button, and by clicking the button you will be directed to the detailed cart where you can modify the Products as well as the desired quantities.

   If you have a voucher code, enter it in the "Add voucher code" section in the shopping cart and press the "Check" button. If the code is correct and valid, the amount mentioned in "My Cart" will be immediately reduced according to the value of the voucher.

   By clicking the "Send order" button you will be directed to the order form where you can check if you want confirmation and/or telephone consultation, select the desired delivery method (either courier delivery or personal pickup from the store), fill in the delivery and billing details, and choose one of the payment methods offered by Soundcreation.

   After completing your details, choose the payment method by selecting the desired option, namely:

   • Cash / cash on delivery to the courier
   • Bank card
   • Bank transfer order
   • Shopping card in installments
   • Payment in installments contracted online from third parties

   Sending the order is done by pressing the "Complete order" button, which implies a payment obligation, after you have accepted the Website Terms and Conditions and have acknowledged our Privacy Policy.

   If you have selected "Bank card" or "Shopping card in installments" as the payment method, you will be redirected to the payment processor's or financial institution's website where you will enter your details.

   If you have selected "Payment in installments contracted online from third parties" as the payment method, you will be redirected to the partner's website that offers the fiscal facility of contracting installments online, with a reduced response time.

   If you have selected "Bank transfer order", payment must be made directly to the Soundcreation bank account specifying the Order ID as the payment reference. The order will not be delivered until the funds have been credited to the Soundcreation account.

   Special Order:

   Soundcreation provides you with the "Special Order" service through which you have the possibility to purchase the desired Products that are not in the current and/or usual stock of Soundcreation, but which can be ordered by Soundcreation directly from the manufacturer.

   Attention! Products not found in the Soundcreation stock will be brought exclusively at the Buyer's request under the conditions described below.

   Products not found in the Soundcreation stock can be requested by the Buyer by sending or confirming in writing a special order to the email address info@soundcreation.ro. Soundcreation will carry out the necessary checks with the Manufacturers regarding the availability of the requested products and will send the Buyer, within a reasonable time, a price offer. Any manifestation of will by the Buyer that clearly indicates acceptance of the offer has the value of a sales contract, in accordance with art. 1196 Cod civil [Romanian Civil Code].

   For special orders, Soundcreation charges an advance payment of at least 30% of the value of the ordered Products. The advance payment can be made via payment link, payment order, or bank transfer, based on a proforma invoice, and proof of payment must be sent, in the case of payment orders or bank transfers, to Soundcreation at the email address info@soundcreation.ro. Payment of the advance confirms acceptance of the delivery conditions and the value of the order as well as the waiver of the right to return the products in the order. The order will begin to be processed only after the advance has been received, and the Product will be delivered after full payment of the price. Products ordered through the "Special Order" service cannot be returned. 

   If delivery is delayed by more than 30 days for reasons attributable to the Buyer, if the Buyer does not pay the price difference within 30 days of the due date, or if the Buyer cancels the order for reasons not attributable to Soundcreation, Soundcreation will retain, based on a simple written notification to the Buyer, without notice of default, without court intervention, and without any other prior formality, the advance already paid by the Buyer as liquidated damages.

3. 4.3. Order Confirmation. Moment of Conclusion of the Distance Contract

   After placing an Order, Soundcreation will confirm the order by email, within a reasonable time, but no later than at the time of delivery of the products.

   The Contract is considered concluded between Soundcreation and the User at the moment the User receives the Order confirmation email. The contract is concluded in Romanian.

   The Contract includes both these Terms and Conditions and any subsequent agreements between the User and Soundcreation regarding the Order, whether or not they are included in an electronic document or on physical support (including, but not limited to, any agreement between Soundcreation and the User regarding the Products). The Parties agree that no communication between the parties may amend these Terms and Conditions unless made in writing and expressly accepted by both parties.

4. 4.4. Modification or Cancellation of the Order by the Buyer

   Once placed, the Order may be modified or canceled by the User only before the Order is confirmed by Soundcreation. After confirmation, modification or cancellation of the Order can only be made based on an express request sent by email to info@soundcreation.ro, Soundcreation having the right not to accept a modification or cancellation of the Order after its confirmation. In this latter case, Soundcreation will not owe any compensation, and the User remains obliged to pay the price of the confirmed Order.

   Consumers have the right to withdraw from the Contract, i.e., to cancel an Order after placing it or to return a Product already delivered, within 14 calendar days from delivery, without giving any reason. For details, see the "Return Policy" section below.

   If you have problems related to an order that do not seem to be resolved by email or with the person you are discussing with, you can contact us for free internal conciliation by phone: 0356-228-233 or conciliere@soundcreation.ro.

5. 4.5. Order Cancellation / Termination of the Contract by Soundcreation

   Soundcreation may cancel an Order, including after its confirmation, by notifying the Buyer, without the latter being able to claim damages in any of the following cases:

   1. (i) non-acceptance of the transaction by the Buyer's card-issuing bank, in the case of online payment;
   2. (ii) invalidation of the transaction by the card processor;
   3. (iii) the data provided by the Buyer is incomplete and/or incorrect;
   4. (iv) the Order contains a Product that was listed with an incorrect price or with incorrect information
   5. (v) Technical impossibility to process the Order;
   6. (vi) The order cannot be fulfilled because the ordered Product is not in stock or for other reasons not attributable to Soundcreation; (Online orders will be fulfilled in the chronological order in which they were registered by the system. An order containing a product with the status "in stock" may not be fulfilled if another order for the same product was registered before it in chronological order and subsequently confirmed, thus depleting the stock.)

   In case of order cancellation, Soundcreation will inform the User/Buyer and, if applicable, will refund the value of the Product paid, within a maximum of 7 days (for Consumers) and 14 days (for Buyers who are not Consumers) from notification, without Soundcreation having any liability of any kind.

   Soundcreation may proceed to unilateral termination of the Contract, based on a simple written notification to the Buyer, without notice of default, without court intervention, and without any other prior formality, in any of the following situations:

   1. a) delivery of the Product is delayed by more than 30 days for reasons attributable to the Buyer;
   2. b) the Buyer does not pay the advance or the price difference within 30 days of the due date;
   3. c) if the Buyer breaches any other obligation established in his/her charge.

6. 4.6. Prices and Payment Methods

   The prices of the Products presented on the Website include VAT.
   Soundcreation does not charge any other fees, except those displayed on the Website.

   The Payment Methods that Soundcreation makes available to Buyers are as follows:

7. • Payment in installments through BT Direct (individuals) ON THE SPOT both online and in our physical stores. The description of occasional promotional campaigns is detailed on the dedicated page called "Payment Methods".

8. • Payment in installments through Grenke Renting (legal entities) and through physical stores or by calling our Call Center service number.
   • Internet or digital banking/Payment Order (OP) - the company's details are saved once in the internet banking/online banking application, so that for future purchases payments will be much easier to make. The Buyer will receive a proforma invoice issued by Soundcreation, based on which the bank transfer can be made. The order will be shipped after confirmation of the transfer. 
   • Cash on delivery - this is the easiest method if the Buyer does not have a bank card, so upon delivery of the order by the courier service, the Buyer will pay in cash the total value of the Order. 
   • Bank card payment – this is the most practical and elegant method: the Buyer pays for the desired Products using their own card (accepted cards are VISA and VISA ELECTRON, MASTERCARD, MAESTRO), and upon receipt of the Order, they simply collect the package from the courier.
     The minimum order for card payment is 10 RON.
     Online payments are processed through the services PayU, EuPlatesc, Netopia-Mobilpay. The card data required at the time of payment is not entered on the Website, but on the secure pages of the processor, so the card data is never exposed to anyone else, being transmitted in encrypted form.
     Payment processing is done through a 3D Secure payment terminal (3D Secure is a security standard developed by Visa and MasterCard which, in practice, allows you to set an additional password that will be used only for online payment).
   • Bank transfer – before shipping, the Buyer will receive a proforma invoice issued by Soundcreation, based on which the bank transfer can be made. After Soundcreation receives confirmation of the bank transfer, it will ship the order to the Buyer.
   • Payment with a Shopping Card in installments – The Buyer can pay in installments if they have a shopping card issued by one of the financial institutions with which Soundcreation has a collaboration agreement (for example, BRD, Banca Transilvania, Garanti Bank, Alpha Bank, etc). (details about the number of installments and accepted cards at the sub-point "Payment Methods".
   • Payment with Pluxee Gift Card/ Prima de Carieră Didactică - The Buyer can also pay partially with the cards listed above, specifying this when placing the online order or by contacting the Seller after placing the order. Pluxee gift cards or Prima de Carieră Didactică cards are also accepted in the Seller's physical stores. 

9. 4.7. Gift Cards (voucher)

   The voucher can be used only once exclusively for purchases made on this Website or in Soundcreation stores.

   Attention! Discount vouchers do not apply to products already on promotion!

   The voucher cannot be used partially, i.e., the total value of the order must be at least the value of the voucher used. Any payment difference from the value of the voucher used up to the total order value can be paid by the normal payment methods (cash on delivery, bank cards, etc.), in accordance with these Terms and Conditions.

   The Buyer is obliged to keep the code confidential, as knowledge of it by third parties makes it possible to use it without your consent. Voucher codes are unique, but not nominal, so they can be used by anyone.

   Once used, the voucher cannot be returned! Thus, from the moment the Order is placed, the voucher loses its validity and can no longer be used, except in cases of return of products paid (in whole or in part) with a voucher. In such cases, the value of the voucher will be refunded only by issuing a new voucher.

10. 4.8. Website Promotions

    The promotions displayed on the Website are valid while stocks last, and refer to Soundcreation bundle packages, price reductions in case of stock clearance, or products recently introduced on the Website.

    Soundcreation cannot guarantee the availability of all products displayed in promotional offers.

    Soundcreation reserves the right not to fulfill a particular order if the ordered product is no longer available from the supplier or is unavailable for an indefinite period. In this case, any advance paid by the Buyer will be refunded.

    Ordered and delivered products can be returned by the Buyer only if the return conditions are met. More information can be found here.

11. 4.9. Delivery of Products

    Delivery of Products will be made by any of the following methods:

    • by personal pickup of the Products from Soundcreation stores (Timișoara, Cluj, or Oradea);
    • via a fast courier service SameDay, Fan Courier Express, DPD, GLS.

     

12. For all deliveries, Soundcreation will ensure proper packaging of the products and will provide the accompanying documents, in accordance with the legal provisions in force.

    Delivery is FREE for all orders with a minimum value of 399 RON, throughout Romania, except for acoustic pianos and upright pianos, whose size and sensitivity exceed the capabilities of ordinary carriers. For these products, we can offer special transport services (Unacorda.ro)!

    For orders less than 399 RON, the courier delivery cost is 25 Lei or 15 Lei for Easybox, throughout the country, regardless of destination and size.
    The shipping cost for value vouchers and gift cards is 10 RON.

    The usual delivery time for ordered products is 1-10 days, unless the Parties have expressly agreed on another date. Products are delivered while stocks last. Soundcreation cannot guarantee the availability in stock of all products displayed on the Website.

    In the event of logistics and/or supply conditions that do not allow delivery within the usual time, Soundcreation reserves the right to extend the delivery time by notifying the Buyer as soon as possible and finding a new term or modifying/canceling the order.

    Products can also be delivered outside Romania, within the European Union, the shipping cost being communicated to the Buyer at the time of processing the Order. The valid payment methods for such cases will be by bank card or bank transfer.

13. 4.10. Transfer of Ownership and Risk over the Products

    The transfer of ownership will take place at the time of delivery of the Products to the Buyer, from which moment the latter bears the risk of loss of the Products, as well as the risk of the Contract.

14. 4.10. Receipt of Products and Notification of Non-Conformities

    Delivery will be considered completed and the products will be considered received at the time of signing the delivery document provided by the courier or signing the tax invoice in the case of personal pickup of products from Soundcreation stores. Collection represents the Buyer's acceptance regarding their condition, being considered delivered in good condition.

    The Buyer is obliged to check the Product upon delivery. Without prejudice to the rights that Consumers have under the law, any apparent non-conformities existing at the time of delivery and which could have been discovered by normal inspection, such as, for example, the existence of marks, scratches, chips, dents, deformations, paint peeling, missing elements or accessories, or other visible damages must be brought to the attention of Soundcreation within 5 days of delivery, by email to info@soundcreation.ro, attaching the purchase documents (invoice/receipt) and evidence (photos/videos) to support your claim.

    If we do not receive such notification within the indicated period, the Products will be considered accepted by you and you will no longer be able to invoke any apparent defects.

V. RETURN POLICY (applicable exclusively to Consumers)

If you are a Consumer and have purchased a product online, by phone, or in Soundcreation physical stores, you have the right to withdraw from this contract, without giving any reason, within 14 calendar days.

The withdrawal period expires after 14 days starting from, as the case may be:
(a) the day you or a third party, other than the carrier, indicated by you, acquires physical possession of the products or,
(b) the day you or a third party, other than the carrier, indicated by you, acquires physical possession of the last product, in the case of a contract for multiple goods ordered by a single order and delivered separately or,
(c) the day you or a third party, other than the carrier, indicated by you, acquires physical possession of the last lot or piece, in the case of a contract for the delivery of a product consisting of several lots or parts.

According to Romanian legislation, the right to withdraw from the contract (return of products without defects or non-conformities) is provided only for the benefit of Consumers. Buyers who are not Consumers cannot return products that do not have defects or non-conformities.

To exercise your right of withdrawal, you must inform Soundcreation, with its registered office in Mun. Timişoara, Calea Torontalului DN6 km 560+800 m stânga, jud. Timiș, of your decision to withdraw from this contract:
(a) either by completing and electronically submitting the return form on the Website,
(b) or by an unequivocal statement sent by email to info@soundcreation.ro.

To meet the withdrawal deadline, it is sufficient to send your communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Within 2 working days of receiving your email, a Soundcreation operator will confirm receipt of the withdrawal request. Return requests registered after the expiration of the 14 calendar day withdrawal period will not be processed by Soundcreation operators.

If you withdraw from the Contract:

1. you must return the Products in person or send them to the Soundcreation headquarters in Mun. Timişoara, Calea Torontalului DN6 km 560+800 m stânga, jud. Timiș, within a maximum of 14 days from the date you communicated your decision to withdraw, using the same delivery method.
   The return is made through a fast courier company. We do not accept parcels delivered by Romanian Post or in person. Also, we do not accept sending products with a cash-on-delivery request (amount to be refunded).
2. The direct legal costs of returning the Products, namely the return shipping costs (as practiced by fast courier companies) are entirely borne by you. Also, if applicable, you will have to bear any additional delivery costs of the Product from us to you resulting from your choice of a delivery method other than the cheapest standard delivery method we offer.
3. Products must be returned in their original packaging and accompanied by all original accessories and documents, including the tax invoice. The original packaging of the Product must not show damage or traces of other foreign objects (tape, etc.). If the ordered Product was accompanied by one or more promotional gifts offered free of charge and valid only in combination with the returned Product, these gifts must also be returned. If the gifts received are not returned or they show non-conformities, their value will be deducted from the value of the returned Product.
4. Responsibility for the integrity of the Products during return shipping lies with you. You must ensure that the Products are well packaged and protected, in optimal conditions for transport, considering that these are fragile Products. If the Products are damaged during return shipping, they will be refused by Soundcreation and we will not refund their value.
5. Products must be returned in the same condition in which you received them. You will be responsible for any decrease in the value of the Products resulting from handling, other than what is necessary to determine the nature, characteristics, and functioning of the Products. Thus, if you return the Products after using them to an extent that exceeds what is necessary to establish the nature, characteristics, and functioning of the Product, if the returned Products are damaged, show signs of wear, scratches, chips, dents, mechanical shocks, are dirty, have missing labels, seals, or other elements, or show other physical changes and cannot be sold as new Products, you will be responsible for the decrease in the value of the Products, in which case we will retain the difference between the initial value of the new Product and the resale value of the returned Product or, if the returned Product is in a condition that does not allow us to resell it, we reserve the right to refuse the Product and not refund the amounts received from you. In case of refusal, the shipping costs of the Product from Soundcreation back to you are your responsibility.

Soundcreation does not accept the return of the following products:
- hygienically sensitive products, such as mouthpieces, reeds, in-ear headphones, whistles, ocarinas, panpipes, earplugs, harmonicas, kazoos, jaw harps, trioles (melodica), and tuning forks;
- software or products containing software licenses that have been unsealed and/or installed so that their reinstallation is no longer valid.
- Products brought on "special order", provided that the Consumer was previously informed about the impossibility of return and placed the order under these conditions.

If the ordered product was accompanied by one or more promotional gifts offered free of charge and valid only in combination with the returned product, these gifts must also be returned. If the gifts received are not returned or are found to have deficiencies and/or serious wear, their value will be deducted from the value of the returned product.

Soundcreation will refund any amount we have received from you, including delivery costs, except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method we offer, 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 payment method as the one used for the initial transaction, unless you have expressly agreed to another refund method; in any case, you will not be charged any fees as a result of such a refund. We may withhold the refund until we receive the products back or until you have provided proof that you have sent the products back, whichever is the earliest.

VI. WARRANTY AND SERVICE

6.1. General Provisions

The products sold on the Website benefit from a warranty in accordance with the applicable legislation and the commercial policies of the manufacturers, namely:

1. a legal conformity warranty of 2 (two) years for Consumers, under which Soundcreation will be liable to Consumers, under the law, for any non-conformity existing at the time of delivery of the Product and which is found within 2 years from that date. After the 2-year period expires, Consumers may claim repair or replacement of Products that cannot be used for their intended purpose due to hidden defects (as defined by O.U.G. 140/2021 [Romanian Government Emergency Ordinance] and the Civil Code) occurring within the average duration of use, under the law.
2. a warranty of 1 (one) year for Buyers who are not Consumers, which will be granted under the conditions set out in the warranty certificate and these Terms and Conditions.

For products whose average duration of use is less than 2 (two) years, the warranty period is reduced to this duration.

The warranty period is calculated from the delivery of the Product.

The warranty is valid exclusively on the territory of Romania.

Except for the legal conformity warranty, to which the provisions of O.U.G. no. 140/2021 apply, the warranty covers at most the value of the price to be paid by the consumer for the claimed products.

Products sold by Soundcreation are accompanied by a tax invoice, warranty certificate, declaration of conformity (where required by law), and user instructions, as applicable. The following categories of products are excepted, for which warranty certificates are not issued: cables and connectors, reeds, drumsticks, strings, guitar picks, instrument parts (keys, chin rests, bridges, etc.), instrument stands, instrument and equipment cases, and other consumable accessories.

The absence of the aforementioned documents must be reported to Soundcreation within a maximum of 3 (three) days from receipt of the products, by email to garantie@soundcreation.ro. Any subsequent notification will not be considered. Soundcreation does not issue duplicates for the warranty certificate. Consumers have the right to request that the warranty certificate be provided in writing or on any other durable medium (in electronic format).

No provision in this chapter (warranty policy) or in the warranty certificate affects the rights that Consumers have under the law.

6.2. Warranty Conditions

The warranty is granted insofar as all the conditions for granting it in the warranty certificate and these Terms and Conditions are met.

For Consumers, the legal conformity warranty is granted in accordance with the provisions of O.U.G. 140/2021 [Romanian Government Emergency Ordinance] regarding certain aspects related to sales contracts for goods and other applicable legal acts.

The Buyer is obliged to keep the warranty certificate, invoice, and proof of payment (receipt, tax receipt, etc.). The warranty will be granted exclusively on the basis of the original warranty certificate and the tax invoice/proof of payment.

IMPORTANT! Without prejudice to the rights of Consumers established by law, Buyers are required to notify any non-conformities existing at the time of delivery and which could have been discovered, without special knowledge, by normal inspection (apparent defects, such as, for example, marks, scratches, chips, dents, deformations, paint peeling, missing elements or accessories, or other visible damages) within 5 days of delivery of the Product, by email to info@soundcreation.ro, under penalty of losing the right to warranty for these non-conformities.

Dissatisfaction with appearance, color, material texture, or similar, if the Product complies with the description, type, quantity, quality, functionality, compatibility, interoperability, and other characteristics provided in the sales contract/these terms and conditions, does not constitute a non-conformity and is not covered by the warranty.

To benefit from the warranty, the Buyer is obliged to notify Soundcreation of the existence of a warranty case by email to garantie@soundcreation.ro or via the form on the Website https://www.soundcreation.eu/garantii-service.html and to send the invoice, receipt/tax receipt, and the product's warranty certificate together with evidence of the claimed non-conformity (photos, videos, etc.).

Consumers are required to provide Soundcreation with the product properly packaged so that its condition is not damaged during return, and Soundcreation will collect it at its own expense. Buyers who are not Consumers will send the defective Product to the Soundcreation headquarters.

The finding of non-conformity will be made by a Soundcreation representative within a maximum of 2 working days from receipt of the Product. If Soundcreation reasonably considers that the warranty conditions are not met, it will inform the Buyer in writing stating the reasons, and the costs incurred will be borne by the Buyer.

In the case of warranty for hidden defects, under the conditions of art. 1709 Cod civil [Romanian Civil Code], the Buyer who has discovered hidden defects in the product is obliged to notify Soundcreation within a reasonable period (for Consumers) and within 2 working days from their discovery (for other Buyers), under penalty of forfeiture of the right to request termination of the Contract.

During the warranty period, Buyers may benefit from the following remedies:

a) Bringing Products into Conformity

According to O.U.G. 140/2021 [Romanian Government Emergency Ordinance], if non-conformity is found within the first 30 days from delivery, the Consumer benefits from replacement of the Product, and if non-conformity is found after the first 30 days from delivery (but within the legal conformity warranty period of 2 years), the Consumer may opt for repair or replacement, except where the corrective measure chosen would be impossible or, compared to the other available corrective measure, would impose disproportionate costs on Soundcreation. These provisions apply only to Consumers.

For other Buyers (who are not consumers), bringing the product into conformity will be done by repair or replacement, at Soundcreation's choice.

Repair or replacement is done free of charge, within a maximum of 15 calendar days from the moment Soundcreation was informed of the non-conformity (for Consumers) or from the moment the defective Product was handed over to Soundcreation (for Buyers who are not consumers).

In case of repair, for Consumers, the legal conformity warranty period is extended by the period of non-functioning of the Product, and in case of replacement, for the Product replacing the non-conforming Product, the legal conformity warranty period starts from the date of replacement. These provisions apply only to Consumers.

Soundcreation may refuse to bring the Products into conformity if repair or replacement is impossible or would impose disproportionate costs, in which case the Buyer will benefit from the other remedies below.

b) Proportional Price Reduction or Termination of the Contract

The Buyer has the right to obtain a proportional price reduction or termination of the Contract, in any of the following cases: Soundcreation has not completed repair or replacement within the indicated period, a non-conformity is found despite Soundcreation's efforts to remedy it, the non-conformity is of such gravity as to justify a price reduction or the right to immediate termination of the contract, Soundcreation has declared that it will not bring the Products into conformity within a reasonable period or without significant inconvenience to the Buyer, or this is clearly apparent from the circumstances of the case.

The Buyer who is not a consumer may obtain a proportional price reduction or termination of the Contract only if neither repair nor replacement of the Product is provided within 15 days from the delivery of the Product to Soundcreation.

The Buyer is not entitled to obtain termination of the Contract if the non-conformity is minor. The Buyer may exercise the right to a proportional price reduction or to terminate the Contract by a statement to Soundcreation, sent by email to info@soundcreation.ro together with a copy of the purchase invoice, warranty certificate, and evidence of the claimed non-conformity (photos, videos, etc.).

If the Buyer obtains termination of the contract, they will return the Products to Soundcreation at Soundcreation's expense, and Soundcreation will refund the price paid upon receipt of the Products or proof that the Products have been returned (for consumers) or within 14 calendar days from receipt of the Products (for buyers who are not consumers).

The Buyer is required to comply with the packaging instructions provided in these Terms and Conditions when returning Products to Soundcreation and will be liable for any damage caused during return shipping. If the returned Product has any defects other than those reported by the Buyer, we reserve the right to charge a fee to cover the additional defects caused to the Product or, if the Product is in a condition that does not allow us to resell it, we reserve the right to refuse the Product.

The warranty covers at most the purchase price of the products paid by the Buyer.

Products replaced as a result of a warranty case automatically become the exclusive property of Soundcreation. In the case of a price refund, the products for which the price has been refunded automatically become the exclusive property of Soundcreation.

If Soundcreation reasonably considers that the warranty conditions are not met, it will inform the buyer in writing, stating the reasons.

Post-warranty service: paid repair of the product is provided outside the warranty period within the declared average duration of use.

6.3. Loss of Warranty

Defects caused by the Buyer or third parties for whom Soundcreation is not liable under the law are not covered by the warranty.

The warranty is lost when the Buyer uses the Product improperly/abnormally/in any way other than according to the Product's intended use, in violation of storage and use instructions, when the Product is kept in improper conditions, exposed to chemical, corrosive substances or weather, or in other similar situations. Also, Products that have been tampered with in any way are not covered by the warranty.

Situations that exclude the granting of the warranty or lead to the loss of the Product warranty:

1. any product that was not sold by Soundcreation
2. lack of the original warranty certificate, invoice, and proof of payment in copy or if the information contained therein is incorrect, incomplete, or illegible;
3. inability to identify the Product for which the warranty is claimed (identification is made based on the entries in the warranty certificate and on the sales invoices/receipts and the markings/inscriptions present on the Product);
4. erased or indecipherable serial numbers/codes/markings;
5. non-conformities due to the Buyer or third parties for whom Soundcreation is not liable under the law;
6. in case of improper installation and handling, use and storage of the product in improper conditions (dust, humidity, temperature, radiation, etc.), exposure of the product to chemical, corrosive substances or weather, use of the product in any way other than its intended use, failure to comply with instructions for handling, installation, commissioning, transport, storage, and use of products or other such situations;
7. where the instructions for use or legal provisions require installation of products by authorized personnel, failure to comply with this condition will result in loss of warranty; the Buyer must be able to prove installation of the product by authorized personnel;
8. in case of modification/unsealing/repair of the product carried out by the buyer or by individuals or legal entities not authorized by Soundcreation;
9. if the lack of conformity is due to abnormal voltage variations or incorrect electrical connection;
10. use of the product in any regime other than domestic (for example, industrial use);
11. other situations provided in the Product's Warranty Certificate.

The warranty does not cover: the coil and moving system of speakers and, in general, any type of consumables.

VII. Intellectual Property

The name "sound creation", as well as the associated symbol, is a registered trademark at OSIM under number 110625 dated 08.11.2010, owned by MEDIA CRUSHER SRL.

The User / Buyer undertakes not to take any action that may prejudice the intellectual property rights mentioned in this chapter and not to use any trademark or trade name similar to any trademark or trade name of Soundcreation, so as to create confusion.

All trademarks, logos, trade names, copyrights, and any other intellectual property rights relating to the Products, Website, or any materials included in the Website or accessible through it will remain the property of Soundcreation or of the persons from whom Soundcreation has acquired a right of use/a license.

All information available on the Website (including, but not limited to, images, text, logos, symbols) that can be viewed or accessed in any way by using electronic equipment, as well as the content of emails sent to the User by Soundcreation, are and remain the exclusive property of Soundcreation.

By using the Website and/or purchasing Products, the User does not acquire any copyright or intellectual property right.

If the User infringes or contests, directly or indirectly, any of the intellectual property rights of Soundcreation / Soundcreation's licensors, Soundcreation may immediately terminate the Contract and take legal action to recover damages.

To report copyright infringements related to this Website, please send us an email at dpi@soundcreation.ro

VIII. Soundcreation's Liability

Soundcreation is liable for the warranty against eviction, warranty against hidden defects, legal conformity warranty, and commercial warranty of the Products under the Romanian Civil Code and the applicable specific legislation.

Soundcreation shall not be liable for any direct or indirect damages or other injuries resulting from or in any way related to the use of this Website, inability to access or use it, or resulting from or related to your use of the Content available on this Website. Soundcreation does not warrant that the Website or its Content will be uninterrupted, virus-free, or error-free and is not liable for any technical problems.

If the applicable law has (or will have) specific provisions regarding exoneration or limitation of liability that conflict with the above, the limitation of Soundcreation's liability will operate within the limits permitted by law.

IX. User Liability

Users are required to use this Website only for legitimate purposes and to refrain from any illegal or harmful activities, including, but not limited to:
(i) transmitting materials that are illegal, defamatory, abusive, licentious, pornographic, containing viruses, trojans, or similar forms of malware, promoting racism, hatred, discrimination, violence of any kind, or the like, harassing a person, misleading or promoting illegal activities or abusive, threatening, obscene, indecent, defamatory, or slanderous behavior, or that harm or could otherwise harm Soundcreation or third parties;
(ii) transmitting materials protected by copyright or intellectual property rights, if you are not the author or do not have the express permission of the author;
(iii) using any automatic device or manual process to copy or modify this Website or its Content without our prior written consent;
(iv) actions likely to infringe our intellectual property rights;
(v) removing or altering in any way the Content or features of this Website or inserting content or features without the prior written consent of Soundcreation;
(vi) using this Website for any purpose that is illegal, fraudulent, or harmful to Soundcreation or in violation of these Terms and Conditions or applicable legal provisions;

In case of violation of these Terms and Conditions or if we have reasonable grounds to suspect such a violation or for security reasons, we may suspend your access to the Website and take any other measures without being held liable for any damage resulting from or related to such suspension.

The User / Buyer undertakes to indemnify Soundcreation for any complaints, lawsuits, damages (both actual loss and loss of profit, including reputational damages), fines, fees, or losses of any kind arising from or formulated as a result of any breach by the User of:
(i) the provisions of these Terms and Conditions, any future agreements of the Parties,
(ii) the statements and warranties given by accepting these Terms and Conditions,
(iii) any applicable legal provisions, whether EU law, domestic law, or other applicable international law rules.

X. Force Majeure

The Parties shall not be held liable for partial or total non-performance or for improper performance of contractual obligations if this was due to force majeure circumstances, as defined by law.

The party invoking force majeure circumstances is required to notify the other party of the events having the character of a force majeure event within a maximum of 10 days from the date of occurrence, as well as to confirm its notification with a certificate issued by the competent Chamber of Commerce. This certificate will have a strictly consultative role, the other party having the possibility to prove that the event invoked does not meet the characteristics of a force majeure event.

Failure to meet the deadlines indicated above results in the loss of the Party's right to invoke force majeure as a circumstance (event) of force majeure.

If, due to force majeure circumstances, the fulfillment of obligations is delayed by 30 days from the date of notification of the event, the other party has the right to notify the termination of the Contract without any compensation or penalties.

XI. Applicable Law and Dispute Resolution

All relationships arising between the Parties will be governed by Romanian law. Any disputes that may arise in connection with an order placed, these Terms and Conditions, or even the Privacy Policy will be resolved amicably. Soundcreation provides the Buyer with the free internal conciliation procedure, encouraging Buyers to contact Soundcreation at conciliere@soundcreation.ro.

If the parties do not reach an agreement, disputes will be resolved by the competent courts at the headquarters of Soundcreation.

XII. Alternative / Online Dispute Resolution

Alternative dispute resolution (ADR) allows disputes between Soundcreation and Consumers to be resolved out of court, with the assistance of an impartial dispute resolution body. This method of resolving consumer disputes is easier, faster, and less expensive than going to court. More details can be found here: https://ec.europa.eu/info/live-work-travel-eu/consumer-rights...

If your dispute concerns an online purchase, the Online Dispute Resolution (ODR) platform allows you to submit a complaint online to an ADR body in any language and in any EU country.

XIII. Final Clauses

Soundcreation may assign and/or subcontract a third party for services related to fulfilling an Order, without the User's/Buyer's consent.

The User/Buyer declares and warrants that they have understood and expressly accept the content of these Terms and Conditions and assume the risk of error regarding the understanding of any provision.

If any provision of these Terms and Conditions is or becomes null, the remaining provisions will remain valid.

These Terms and Conditions are available to the User for storage and reproduction.